103 100 60591 https://digital.lib.buffalo.edu/files/original/1c76515019046ea0c8db5c84078c0c52.pdf 931a70a701dd1ef0395e027bb0557b84 PDF Text Text TO HE PINION Volume 31, No. 7 November 6,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW BPILP Gains National Recognition at NAPIL by Gretchen Stork The Buffalo Public Interest Law Pro- gram proved itself at the forefront of organizations of its kind at a national con- ference October 19and 20 in Washington, D.C. BPILP won two prestigious national awards at the annual National Association for Public Interest Law (NAPIL) Conference, and BPILP co-coordinator Kathleen Welch was elected President of the NAPIL Board of Directors. Third year student Tara Burke was honored for the innovative BPILP internship she began last summer with Volunteer Lawyers Project. She coordinates local attorneys to represent grams, diversity, and funding student fellowships. The workshops also dealt with practicinglaw in the 19905, from environmental and civil rights law to death penalty litigation, hate speech, starting a public interest practice, women's rights, the homeless problem, gayand lesbian rights and legal services in the upcoming decade. Panelists included public interest activists, law school professors and deans, and students. About 25 UB students attended the job fair and were on hand for Saturday's awards banquet, opened by consumer activist Ralph Nader. Kathleen Welch, aformer NAPIL VicePresident, was elected Sunday to the one-year term as President of the National Public Interest Coalition. She will Caroline Durham, Tara Burke UB Third Year Law Student Outstanding/Grand Recipient tenants in eviction cases in Buffalo City Court. Burke continues to work on the pro bono project, which has succeeded to the extent that local attorneys are now working with UB students to develop a program ofadvocacy for domestic violence victims. Burke was one of two students in the country recognized as an outstanding public interest recipi- ent. BPILP also won recognition as one of the two NAPIL member programs with the greatest growth. Thanks in major part to the strength of last year's pledge drive, BPILP increased its fundraising from approximately $8,000 to over $25,000. The conference and jobfair attracted over 1000 students and employersfrom all over the country. Workshops were directed at making law schools more responsive to fostering public interest careers, including loan forgiveness pro- (from left to right) ChrisThomas UB Law student; Caroline Durham, NAPIL staff attorney/campus organizer; Kathleen Welch UB Law student; and Robert Schiff, Esq. of Tuttle & Taylor conference. One is to establish a postgraduate fellowship program providing grant funds for projects serving underrepresented segments of society, either by funding new staff positionsat existing organizations, or new independent projects proposed by the recipients. The other resolution adopted at the conference is a call for all law schools to create a pro bono requirement for students to graduate. The resolution does not set out any hourly requirement, or define pro bono, except to say that it be work of a legal nature. Currently four law schools, Tulane, Florida State, the University of Pennsylvania, and Valparaiso, have adopted re- represent NAPIL's 97 member programs before groups such as the American Association of Law Schools, and coordinate the organization's Executive Committee, which includes public interest attorneys and students. "I'm honored to be oneof the leaders," Welch said last week. "With membership of well over half of American law schools, NAPIL is clearly on the cutting edge of law school activism. Next year NAPIL hopes to raise significantly more money to fund pu blie interest jobs and to pressure law schools to take critical steps toward meeting the legal needs of the underserved." Last year, NAPIL member groups raised and distributed over $1.2 million to create public interest summer internships and some post-graduate fellowships. In that vein, the NAPIL Board of Direc- tors endorsed two resolutions at the Moot Court Winners, Ken Sadaro andTodd Bushway FOURTH ANNUAL DESMOND MEMORIAL MOOT COURT COMPETITION WINNERS KEN SADARO TODD BUSHWAY SEMI-FINAI ISTS 1. Sandra Synder/Jackie Brunner 2. Karin Fomes/Diane Nowak 3. Jeff Goldla/b/DavidState The Center for Appellate Advocacy and Education at the University of Texas Law School (Texas Resource Center) is a non-profit organization working exclusively with appeals of death row inmates. The Texas Resource Center is a new organization where students can immediately assume responsibilities commensurate with individual abilities in providing services for lawyers working on individual appeals. Ms. Eden Harrington, one of the lawyers at the Center, will be on the UB campus in the near future to meet with students regarding the work involved at the appellate level. As a matter of economics Texas does not provide a public defender for an accused individual and there is no right to counsel beyond the first appeal, the inmates on death row rely on the Center to provide the nexus between convict and volunteer attorney. The state does appoint attorneys to indigent persons but based upon the amount of Constitutional errors found per case, sometimes as much as thirty between the local and state level, the defense provided is not always at thedesirable level. Mr. Palmer Singleton, instructor of Criminal Law at BESTORALIST BEST BRIEFS 1. James Giambrone/ChristopherPorter 2. Sandra Snyder/Jackie Brummer 3. Janet Schumacher/DeborahHaendiges 4. Thomas Cunningham/James Johnson 5. John Stelley/John Maxwell 1. TuwandaRush 2. Carmen Snell 3. Clean Hanley 4. Scan Galliher 5. Michael Joynt QUARTFR FINAI ISTS 1.Phillip Ohene/Mushiya Kabemba 2. Nicole Moss/Dean Hanley 3. James Giambrone/ Christopher Porter FINAI ISTS Martha Snell M ichael Joynt Capital Defense Work in Texas for Students by John B. Licata Features Editor quirements of pro bono work prior to graduation. The program in place at the University of Pennsylvania is expected to offer more than 15,000 hours of legal service yearly to the Philadelphia community, according to NAPIL, whichcould mean serving 1,500 clients. Tulane's 1990 class was the first to graduate withthe pro bono requirement. All 253 graduates met the 20-hour committment. According to a class survey, 65 percent said it increased their willingness to provide pro bono services in the future, and 72 percent it increased their confidence in theirability to handle cases for indigent clients. described the work opportunity for students as a "pure meritocracy with no distinctions between law studentand ÜB, has associate. You're given the opportunity to be a lawyer." The lawyers at the Texas Resource Center do not handle every case but recruit from the private sector to meet the volume of appeals filed by the inmates. Ms. Harrington described the work as a "crisis oriented prioritizing. We have nine execution dates within the next thirty days. It's our goal to get stays [of execution] for all nine inmates." Students who work at the Texas Resource Center will be doing "alot of CONTINUED ON PG. 9 HIGHLIGHTS Attica Suit Filed pg. 2 Part II of AIDS and the Dental Profession pg. 3 Faculty Statement and Ist Amendment Liberties pg. 5 Election Day Voting Guide pg.9 �Civil Suit Filed Over Attica Massacre - by Scot Fisher & Nathaniel Charny What has been described by a New York State commission as "the worst bloodletting of Americans by Americans since the Civil War" is the cause of action in a civil suit brought on behalfof the inmates of Attica Correctional Facility against the State of New York. The two billion dollar law suit against the state will go to trial in Federal District Court in Buffalo during the Spring of 1991. According to Elizabeth Fink, leadcounsel forthe law suit,the inmates of Attica are suingthe State for one billion dollars in compensatory damages and one billion dollars in punitive damages as a result ofthe massacrethat resulted from the State's reaction to the 1971 inmate's uprising at Attica. One U.B. Law graduate, Joe Heath, joinedthe team of attorney's working on the Attica litigation while still a law student at U.B. "Working on the criminal defense of the Attica Brothers while in law school was one ofthe most influential experiences of my life," explains Heath. "I have been involved ever since." Heath is now co-counsel with Fink in the civil law suit. "One of the principle reasons for the law suit is because the true story of the Attica Uprising has never been told," stated Fink. On September 10,1971, the inmates of Attica took control of the Western New York prison to protest the petty humiliations and racism that characterized prison life in New York State. The inmates took several hostages and took control of ihe "yard," the open space within the walls of the Prison provided for recreation. Their demands remedies of the overcrowding situation, a concern forthereligious beliefs ofthe in- - mates and basic human rights were presented to the warden of the facility. The warden's response was extreme. Only days later were the numbers calculable; 43 people were dead; 33 inmates and 10 civilian workers. The County Coroner reported to the state that all of the dead were killed by the state police. The irony," according to Fink, "is about human nature. The state believed that the inmates were totally barbaric and inhuman. And the inmates never believed that the state would act in such a barbaric and inhuman way. Yet, the inmates did not kill any ofthe hostages, it was the guards and officials of the prison that did the killing." The Attica inmates suit is based on three causes of action. First, they are suing for the excessive force and malicious intent used by the state police in storming the prison. Second, there was a complete failure to provide any medical care for the inmates after the shooting. Third, the inmates were subject to torture and brutality once the police gained control of the facility. Fink explains, 'lor thefirst causeofaction we have shown that the State police did everything possible to maximize the injuries caused bytheir attemptstoregain control of the yard. To begin with, it is undisputed that the police fired 450 rounds of ammunition into a crowd of unarmed men. These men had no guns and the guards knew it," according to Fink. "What is worse is the [type of] ammunition used." For example, the state police stood on the walls of Attica that surrounded the yard and sprayed "double-0 buckshot" into the crowd of men in the yard. In addition, the police used "dum-dum bullets" which are designed to explode on contact. "Dumdum" bullets are so brutal and uncivilized that they are outlawed by the Geneva Convention. After the assault was over, the Department of Correctionsannounced that "1200 people in the yard were tortured by the state police." Fink describes the yard after the shooting had ended. There was glass everywhere. The inmates were surrounded by a gauntlet of officers with sticks and forced to run naked through the broken glass. Many inmates were singled out for torture by having an "X" marked on their backs. These men were beaten senseless by the police." Fink continues, "men being carried on stretchers were thrown offthe all ofthe hostages killed were murdered by the inmates. The Monroe County Coroner revealed the truth, directly contradicting the propaganda released by the state. After examining the bodies of the dead hostages, the Coroner concluded that the hostages werekilled, not by the inmates, but by state police gunfire. A widow of one of thecivilian workers who was killed, successfully sued the state based on these facts. The Fourth Department, in Jones v. State of New YQrJs, 408 N.Y.S.2d 223, affirmed a Court of Claims decision to award damages based on the state's unlawful use of these weapons. Oncethe shooting stopped, the state's efforts to provide medical care to the wounded inmates was "totally inadequate," explains Fink. The prison had no blood orplasma on hand. Only two doctors, two nurses and a veterinarian were available to care for the wounded inmates. The National Guard, who were asked to be prepared to deal with the wounded inmates, were kept 45 minutes away. Many of the inmates who died simply bled to death. "Compare this to the provisions made forthe hostages," suggests Fink. "There were 39 ambulances waiting in front of the prison, one for each hostage. The state had made arrangements at three neighborhood hospitals for the care of the non-inmates wounded." The shooting at Attica ended at 10:00am, according to Fink. Although most of the inmates wounded needed hospital treatment, it wasn't until s:3opm seven and a half hours later that a single inmate was taken to a hospital. The third cause of action, forthe brutatlity and torture, is based on the state police behavior once they had taken control of the yard. Fink explains that - stretchers and beaten. One inmate, had a shotgun shoved up his rectum and had his insides blown up." Another inmate was forced to lie naked on a table. A football was placed on his neck while the guards had shotguns held to his head. The inmate was told by the police that he would be shot if the football fell from his neck. He was then beaten senseless. The stories of humiliation and torture are nearly endless, explains Fink. "The attorneys involved in the suit have reviewed over one-million documents on Attica. These are just a few examples of what really happened." The named defendants in the suitare the head of the Department of Correctional Services, the head of the Attica Assault Force, the Warden and the Deputy Warden of the prison. All named defendants are employees of the State of New York. The Second Circuit is now reviewing the defendant's motion for qualified immunity, which was denied by the District Court. If the Circuit affirms the district court's decision, a trial on the merits will be set for Buffalo, New York, in the Spring of 1991. - Joe Heath, now a Syracuse attorney, along with Brother Herbert, an inmate at Attica during the Uprising, will be speaking at U.B. Law School during the week of November 12th as part of Human Rights Week. HUMAN RIGHTS WEEK: JOIN THE CELEBRATION!! November 12. 1990 "Home to El Salvador". Brown Bag luncheon-presentation and video on Salvadoran resettlement. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. Monday: "Attica Uprising". A discussion of the inmate uprising against oppressive prison conditions in 1971 at Attica Correctional Facility 5:00 p.m.. Room 106, O'Brian Hall November 13. 1990 "Public Interest Litigation". Members of the UB law faculty and practicing Buffalo attorneys will deliver a panel presentation. 12:15 p.m.. Faculty lounge. Room 545, O'Brian Hall. Lunch will be served. Tuesday: "You Have Struck a Rock". Film concerning the women's resistance in South Africa. Loyce Stewart, who interviewed Mandela after his release from prison, will give a presentation after the film. 5:00 p.m.. Room 106, O'Brian Hall. Wednesday. November 14. 1990 "Common Threads". Film on the AIDS quilt. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. "Seeing Double". An incisive look at the Palestine/Israel conflict by a San Francisco theater group. Student facilitated debate will follow. 5:00 p.m.. Room 106, O'Brian Hall. 2 Tuesday November 6,1990 • The Opinion Thursday. November Ig. 1990 "Refugee Luncheon". Panel discussion regarding various aspects of refugees in the United States and Canada. 12:15 p.m.. Student Lounge, Ist floor, O'Brian Hall. Lunch will be served. "Hazardous Waste Issues . Nicholas Morgan from the EPA's Federal Facilities Hazardous waste Compliance Office, will speak on federal policy and the current hazardous waste problems in Eastern Europe. Evening lecture [exact time TBA], Room 106 O'Brian Hall. Plans for additional events are under way. Please call or v sit tne Human Rights Center, for up to the minute information regarding all events. ' Coffee, hot cider, bagels, and donuts will be sold every morning form 8:00 a.m.-10:30 a.m. on the Ist floor of O'Brian Hall during Human Rights Week. Currently, we need additional volunteers to staff the "breakfast" table, lf interested, please contact Joy Mautner, at 636-2073. Volunteers are also needed to staff tables and dispense information on the death penalty, AIDS, refugee issues, and other topics. Tables will be set up in front of the law library between 10:00am -2:00 p.m. throughout the week. If you have an hour to spare, we could use your assistance. REMINDER—November 7,1990!! All are invited to attend an informal luncheon/visit with VirginiaLeary, Co-director of the Human Rights Center. Professor Leary will discuss her current work in Geneva. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. �Bridging Discrimination Gaps in the Law by Chet Gary Mr. Gary is a practicing dentistand third year law student. This is the last ofa two-part series on AIDS and the Dental Profession. In the 19705, many observers asserted that all citizens enjoyed a Constitutional right to health care. The emphasis in Roe v. Wade. 410 U.S. 113(1973) andDoev.Bolton.4loU.S. 179(1973) on the patient's right to receive medical service and a physician's right to provide it without governmental interference seemed to raise health care to a critical societal value. The Supreme Court, however, never articulated any entitlement to health care. In Maherv. Roe. 432 U.S. 464,469 (1977) the court stated that"the Constitution imposes no obligation on the states...to pay any management of debilitating cellulitis or severe pain.) The dentist must show just cause, beyond a reasonable doubt, why he would refuse to treat, terminate, or refer the patient. Breach of this implied contract gives rise to actionable abandonment, and liability would attach for any damages proximately caused by the abandonment. Dentists cannot legally withdraw from unstable AIDS patients. But this does not force them totreat these patients for the life of the illness. The disease typically smolders and flares with opportun- istic infections and routinely stabilizes, allowing dentists many opportunities to give legal notice of withdrawal with impunity. Although it protects some AIDS patients from medically dangerous refusals of treatment, the present doctrine of abandonment will not guarantee access to private dental care for "Meeting the challenge of AIDS today will allow dentists to enhance their image as a true healing profession." medical expenses ofindigents." I n 1987, the 11th Circuit held that a patient had no Constitutional right to health care. Persons with AIDS suffer a full panoply of discrimination including loss of jobs, insurance, access to education, and medical and dental care. Although no legal right to health care exists in the United States, AIDS victims have resorted to federal, state, and local discrimination laws to protect themselves from invidious discrimination as handicapped persons to gain access to health care. Law, medicine, and Public Health officials must address the legal issue of controlling the AIDS epidemic without risking the loss of individual rights. Discrimination may take two forms in the denial ofaccess to dental treatment: refusal to treat and unnecessary referral. The latter probably far outnumbers open refusal to treat. Referral without adequate medical/dental basis amounts to refusal of treatment. In addition to the dislike of the high risk groups and the fear of treating a diseased patient, dentists makedisguised referrals of infected patients for economic reasons. Dentists dump HIV positive patients into public health hospitals and clinics since many of these patients simply cannot afford care. But the prime motivation, in addition to thethreat of infection, rests with the fear that the presence of AIDS patients in any practice will generatea fear of contagion strong enough to cause staff to quit and patients to leave. The law clearly imposes a legal duty on the dentist to provide emergency and continuing care for patients of record. Patients ofrecord include persons who have or have had an established relationship with the practitioner within a reasonable time. The relationship engages when the dentist forms an opinion or offers a diagnosis. Once the doctor begins to treat a patient, the law presumes a relationship and the dentist has a legal duty to continue care until the patient no longer needs acute care for the specific problem or untilthe patient's condition stabilizes and the dentist provides adequate notice of termination that allows the patient to locate a new dentist. (Dental acute care includes the great majority of infected patients. The doctrine also fails to protect new patients from rejection based solely on HIV status and legalizes referral of any stabilized HIV infected patient. Conversely, dentists have no legal obligation to perform any dental procedure for patients not of record (new to the practice) who are present for treatment of any type. The dentist need only recommend another dentist or another care facility. However, although the law may not impose an affirmative duty to treat new patients, it does prohibit discrimination in the choice of patients. HIV seropositive and AIDS patients have resorted to local, state, and federal anti-discrimination laws as one manner of dealing with arbitrary denial of dental treatment. The Supreme Court in School Bd. of Nassau County. FL v. Ar|jne. held that the blood borne infectious disease, tuberculosis, was a handicap within the meaning of Section 504 ofthe 1973 Rehabilitation Act. Section 504 defines a handicap as (1) a physical or mental impairment which substantially limits one or more major life activities; (2) where the person has a record of impairment or is regarded as having an impairment. It entitles persons with a handicap or perceived handicap to be free of discrimination in jobs, housing, essential services, and places of public accommodation. Because AIDS depresses the immune system, it, like tuberculosis, impairs major life functions. Hence, the federal courts, in Shuttleworth v. Broward County. Thomas v. Atascadero Unified School District, and Chalk v. US Dist. Ct. Central Dist. of California defined AIDS as a handicap. But the protection only applies to federally funded programs. This excludes a significant numberofdentaloff ices, since most do not accept Medicaid or any other public funds. In these cases, patients will rely on state and local laws. Over twenty states officially consider Al DS a handicap and have statutes prohibiting discrimination against handicapped persons. Several other states have unofficially determined AlDSbased discrimination to be improper. Also, most municipalities will treat AIDS law into three groups: as a handicap under Administrative Codes and patients discriminated against in public places may seek redress through this mechanism. Some municipalities have enacted specific ordinances not related to public accommodation laws. If these ordinances can overcome constitutional impediments, they will require private practitioners in any of these cities (Los Angeles, West I. Early statutes providing a long specific list of covered accommodations. (Federal Law and a few states follow this form.) 11. Long qualified lists of covered establishments but specification that coverage is not limited to delineate places. (About twenty states, including New York, apply this less rigid form.) Hazelwood, California, San Francisco, and Austin) to treat all interested patients. Civil and criminal liability could attach for refusals. The issuesraised in cases brought for unlawful discrimination in refusal of dental treatment will help clarify the dentist's legal responsibility to HIV infected and AIDS patients. The existence of a legal duty may ultimately turn on the public-private status of the individual dental office. In future discrimination cases, patients will most likely predicate authority for their claims on public accommodation statutes successfully utilized during the zenith of the civil rights movement. "Public accommodation" is a "term of art" used to designate places other than homes, schools, or work settings as public, based on the theory that many private establishments function to some degree publicly. Determination of what constitutes a public accommodation necessarily requires a balancing ofthe rights of property owners and those of the citizenry at large. Whether courts will construe private dental offices as places of public accommodation will depend on the nature of the individual laws which vary among 111. General characterization such as "all business establishments of every kind whatsoever." (As of 1988, twenty-three states employed similar general statutes.) Historically, the courts have construed Category I laws strictly, suggestingthey will only change through legislative amendment. Hence, when a Type I statute fails to mention a dental office, it will likely not be included in the definition of public accommodation absent legislative amendment. In Class II statutes, courts generally apply a rule of "ejudem generis". In a statute that lists specific places, the meaning ofthe general words will generally include only places of the same, kind, class, or nature as those specifically enumerated. In New York, category II laws reference to some type of health or medical provision may allow inclusion of dental offices. Finally, under Category 111 statutes, a substantial likelihood always exists that courts could construe dentaloffices as places of public accommodation. Dentistry must develop ethical principles which offer practical guidance to private practitioners in cases of discrimination. Only a solution drafted by dentists can accurately draw the line CONTINUED ON PAGE 9 jurisdictions from general to specific. Caldwell, "State Public Accommodation Law, Fundamental Liberties, and En- forcement Programs", Washington Law Review 40:841 (1965), categorized the varied state approaches to this type of Greyhound Bus Strike by Michelle Wynne Parker TheLabor Law Society reminds all students traveling homefor the upcoming break that the Greyhound strike remains in effect. Over 9,000 union drivers) mechanics, and cleaners went on strike on March 2 when Greyhound refused to move from a January ultimatum that it would implement its first and only Contract offer on that day. For many people, there is no issue as to whether theywill ride Greyhound; to demonstrate endorsement for the employees' concerns, these people will withdraw their business from the company and do it elsewhere. They will not "Go Greyhound" because they will not cross a picket line. Others feel that crossing a picket line is simply a consumer decision; if the Company provides goods or services that the consumer wants, he or she will cross the Bne to obtain them. For those in the second camp, there's an additional factor in making that purchasing decision: safety. If you value your; safety, pay attention —because Greyhound does not. In August, a surprise examination by the New York State Department of Transportation found that more than half of all Greyhound buses failed an inspection; In New York City, 60 buses failed out of 72 checked, and 38 of those , were for 'no valid inspection certificate Eighteen of another twenty-two that faOed (out of afield of 26) did so because of faulty brakes. INEW YORK DAILY NEWS, 8/2/90). Not only are the buses unsafe—so are the scab (replacement) drivers: fire destroyed a Greyhound bus on the New York State Thruway when an untrained driver drove the bus for several miles with a flat tire. (KINGSTON FREEMAN. 7/22/90) • After nearly crashing into a tractor trailer, a driveradmitted to passengers that Greyhound had not trained him to drive a stick shift. One of the travelers took over the wheel forthe 120 mile remainder of the trip. (NEW YORK POST. 6/ . i#9o) - Fourteen people were hurt whenadriverfellasleepatthe wheel. (SYRACUSE POST-STANDARD. 6/28/90) A driver was jailed after four passengers were injured, following a high speed ride on Interstate 90. One passenger complained thathe was driving recklessly, and that he refused to letother passengers offthe bus. (ASSOCIATED PRESS, 7/20/90) There are other ways to get where you want to go. No matter how you feel about the labor issues involved, beconcerned about your safety and choose an alternative to Greyhound when you go home for the holidays. Tuesday, November 6,1990 • The Opinion 3 �MAILBOX CONTINUED epiNioN Volume 31, No. 6 HH to Ihe Editor of The Opinion: Dear Dean Filvaroff: The mills of the gods grind slowly, but they grind exceedingly... October 23,1990 Very truly yours, Daniel Majchrzak, Jr. and John Wiencek EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco john B. Licata Michael D. Gurwitz jjm Monroe R on Rusczyk VOTE FOR JUSTICE THIS ELECTION DAY Sickening. Disgusting. Criminal. These are fitting words to describe the former Reagan administration and the current Bush administration. Any American who has been fooled or satisfied by the Reagan/Bush government would be welladvised to view Cover Up, a film which reveals the truth behind the notorious Iran-Contra scandal. This film provides ample evidence that Ronald Reagan, George Bush, OliverNorth, Richard Secord, John Hull, Richard Singlaub, William "Bones" Casey, and other assorted reprobates conspired to steal the 1980presidential election, fund the illegal contra war, swap arms for hostages, sell drugs, and basically enrich their own wallets at the expense of human lives and this country's democracy. Harsh words? There aren't words harsh enough to condemn the criminals who used the White House as a base of operations to execute their heinous agenda. Reagan/Bush pledged weapons to the Khomeini regime in exchange for a delay in the release of the American hostages until after the 1980 Presidential election. Later, with the aid of Colonel North, Reagan/Bush swapped arms for other American hostages held inLebanon and used the proceeds to fund the Contras. Murder, lies, and bribes were the order of the day. Reagan slinked out, Bushed slithered in. What have we seen since 1988? The S&L crisis, the budget fiasco, a phony war on drugs and weakening of the fourth amendment, military monkeying in the Persian gulf on behalf of the oil companies, so on and so forth. Sadly, things have deteriorated. George Bush is no Ronald Reagan when it comes to fooling the public, but he is very much a graduate of the ethics-shmethics school of thought. This country must not be used as a tool to increase the profits of mercenaries, profiteers, and multinational corporations. On Election Day, use your vote to smash the cynicism and greed of those who would trade ourfreedoms for gold and abrogate their duties to uphold the law. Vote for justice and honesty, and help keep America a free country. To the Editor: I had an illuminating experience the other day when I went to the bank to withdraw a couple ofbucks. Having an abysmally low balance, as usual, I decided to use the automatic teller machine outside the bank to make the minimum allowable withdrawal ofa ten spot. I find that using the ATM saves on the embarrassment of looking like a deadbeat in case the teller checks out your balance and you can't cover the measly ten. Anyhow, as I approached themachine I noticed a woman stationed on the sidewalk outside who was wearing the uniform, photo I. D., and badge ofone ofour charitable organizations. As I waited for my turn in line to use the ATM, I asked the woman what she was collecting for. Seeming quitepleased to have someoneactually engage her in conversation, she enthusiastically explained that she was seeking donations for a local mission that provides food and shelter for the homeless. After I got my ten bucks from the machine I turned to the woman and started digging through my pockets to see if I could rustle up some doughfor the less fortunate. Just as I pulled a handful ofchange from my pocket, a rather well-healed looking, middleaged couple came out ofthe bank. From their attire I'd say they'd either just come from, or were headed to the golf course. As I stooped to recover the stray dime I had droppedand needed toround out an even dollar donation, I commented to the charity worker that it looked like it was up to us to help each other out nowadays, because the government sure as heck wasn't doing it. She readily agreed, and as I arose the well-to-do couple brushed by us both without pause, or comment, except for giving me a decidely dirty look. While I handed over my motley assortment of quarters, dimes, nickels and pennies, I said to the charity worker that it seemed pretty strange how Washington was able to come up with 500 BILLION in corporate charity to cover for the rich thieves who ripped us all off through the S&L scam, but when it came to the rest of us it was: "Sorry Pal Time to Hit The Streets." At that moment theaffluent couple again caught my eye. I couldn't help but notice because they were both quite plainly leering at me with most unpleasant and disapproving scowls. For a moment there I was sure that if looks could've killed, I was a dead man and would be pushing up daisies at Forest lawn by noon. Being rather perplexed by their reaction to my comments, I continued to watch ;hem as they strode swiftly away, still giving me quick, vexing looks all the while, until they finally turnedtheir backs on both of us completely, and jumped into their shiny, new luxury import, which was conspicuously parked nearby in the handicapped spot. HMMMH — — Timothy E. Jennings A Response to Dean Filvaroff: Dean Filvaroff made two grave errors in his letter which appeared in the October 23rd edition ofThe Opinion. First, he used a disturbing incident as a platform for his defense of the infamous Faculty Statement. This made him appear more opportunStaff: Nathanial Charny, Lenny Cooper, Darryl McPherson, Pat Miceli isticthan concernedaboutthe incident itself. A letter which should have been an utter Contributors: Scot Rsher, Chet Gary, Jerri B. Gordon, Michelle Wynne Parker, condemnation of the cretins who carried out this act, and a detailed account of the Vito Roman, George Snyder, Gretchen Stork, W.F. Trezevant administration'sreaction tothe act (ie. an investigation) became instead a call torally around the Statement. ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited Second, his association of this act and others like it to the Faculty Statement without the express consent of the Editors. The Opinion is published every two weeks during the provides yet another reason why the Statement is invalid. Dean Filvaroff's defense academic yuear. It is thestudent newspaperof theState University ofNew Yorkat Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper of the Statement suggests that it may in fact be unconstitutional. I base this are not necessarily those of theEditorial Board orStaff ofThe Opinion. The Opinion isa non-profit conclusion on the fact that the goal ofthe Statement is not sufficiently related to the organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion isfunded by theSBA fromStudentLaw itself. As the Dean suggests, "it is conduct of this type [the sulfur throwing] Statement Fees. and worse assaultive conduct by those who would hide their identities while displaying their bias which led to adoption of our Faculty Statement on Tolerance." Presumably then the goal was to curb acts of harassment and intimidation and this The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed doublespaced pageswill not be accepted. Please do not is addressed quite well in the second part of the Statement. putanything you wishprinted under ouroffice door. All submissionsshould be placed in law school Thefirst section of the Statement, however, addresses speech and in fact requires mailboxes 677 or 808 by thedeadlinedate. Deadlinesfor the semesterare posted in the mailroom and outside The Opinion office, 724 O'Brian. students to temper their speech. No one argues that throwing sulfur, slashing tires, leaving dismembered dolls or sending threatening letters is protected speech. So how can a statement ofpolicy which wasa reaction to such events legitimately seek to control speech. Simply stated, it cannot. As I see it, the Faculty Statement cannot pass a review of its constitutionality. The test first requires a state action. Second, the action must be based on a legitimate purpose. Third, there must be some relationship between the purpose and in this the policy. case To the Editor: There is little doubt that the issuance of the statement was a state action. The faculty can be viewed as agents ofthe state making policy that will have effect in a In ourlast issue, both I and The Opinion werecriticized in a letterby Gary Ketcham. state university. Likewise, there is little doubt that the purpose was legitimate. The Mr. Ketcham was angry at mefor editing an article which he submitted. He launched faculty was trying to maintain a non-hostile environment in the law school for all into a personal attack on me, and then accused The Opinion of political censorship. While I am not bothered by the personal attack (it's not pleasant to be dumped on, students. The problem with the Statement, as have suggested, lies in the relationship but I never expected to be pampered in this job), I feel it is important that this the action and the purpose. First, let me suggest that this relationship between newspaper respond to Mr. Ketcham's allegations of censorship. should be particularly exacting because of its potential adverse effects on First The Opinon does NOT censor, edit, or in any way alterarticles or editorials based rights. Having said this, a Statement which reacts to non-protected on their political content (if any). Mr. Ketcham's article was substantially edited for Amendment expression yet comtemplates restrictions on protected speech cannot be viewed as a number of reasons, but politics was not one of them. sufficiently satisfying the relationship required by law. While the majority of the editors of The Opinion occupies the left of the political May I suggest, therefore, that the faculty undertake to correct the first part of the spectrum, we welcome and encourage editorials from all members ofthe law school Statement making it as clearabout speech as Dean Filvaroff suggests itis. Or, better community, be they right-wing, left-wing, or otherwise. still, abandon the first part entirely, addressing only issues of intolerable harassment, matching the means to the goals as required by law. Finally, may suggest thereby Michael Gurwitz that in the future, Dean Filvaroff not use the misfortunes of a group as a forum to Layout Editor justify the school's questionable policies. - - THE OPINIONMAILBOX I I Tom Winward 4 Tuesday November 6,1990 • The Opinion �What Are You Willing To Die For? by Scot Fisher & Nathaniel Charny Last week, when the Kuwaiti Ambas- sador to the United States visited U.8., in a fully-decked Slee Hall (potted plants, international flags, the President of the University, offical podiums, TV cameras, dozens of security guards, etc. ad nauseam) someone asked him, "Mr. Ambassador, why is it that, of the ninemillion people that live in Kuwait, only sixty-three thousand are allowed to vote? Why, Mr. Ambassador, are women denied the right to vote? Why are there no unions in Kuwait? Why are political parties outlawed?" Mr. Amabassador's response was"democracy takes time." Huh? A stone's throw away, Guatemalan National Labor Leader Sergio Munoz documented his people's attempts to wrestle control from a military dictatorship. Munoz describedthe tremendous poverty, unemployment, and health crisis that has plagued his country since the military rule began in 1954. Munoz explained about the state of terror in his country; mass firings of workers, death threats, workers kidnapped or killed, and the construction of concentration camps for political dissidents. "At the base ofall ofthese factors is an absence of democracy," Munoz concluded. There is an irony here worth pointing out. There is no doubt that we, along with the entire world, should condemn the military invasion of Kuwait. The government of Iraq does not have the right to impose its will on the people ofKuwait. Therefore, Operation Desert Shield. Mr. Ambassador describes Operation Desert Shield as "a courageous position" for the United States to take in defending the sovereign right to self- determination. Meanwhile, one-thousand miles away from the U.S. border, the people of Guatemala have consistently had theirright to self-determination deniedbya military government, which has been completely supported by the United States. Since the CIA-backed military coup over the democratically-elected government in 1955, over 138 thousand Guatemalans have been murdered. The United States has financially supported the military government of Guatemala since its inception in 1954 (to the tune of over $400 million over the last three years alone). Yet the people of Guatemela cannot read, they have no homes, they have no food, as Munoz explains, they have no democracy. In Kuwait, the government calls itself a democracy (as does Guatemala's government). In Kuwait, 2% of the population control 100% of the oil (in Guatemala, 2% of the population control 70% of the land). Our government obviously does not care about the people of these countries. Democracy is certainly not the issue. Maybe it's something else. There were no TV cameras to greet Mr. Munoz, a representative of the people of Guatemala. President Sample chose to ignore the event. No flags, no potted plants, no podiums. Nothing. To the governmentof Kuwait we give potted plants, podiums, TV cameras... and American lives. Maybe there is no irony here. What are you willing to kill for? "Dean Filvaroff, Please Read the Faculty Statement!" by Jim Maisano At the end ofthe mailbox section in the last issueofThe Opinion (10/23/90). UB Law Students had an opportunity to read a paragraph written by our dean condemning the attack at the Gay and Lesbian Coming Out Day Table. Why this letter was buried at the end was confusing; you would think a letter from the Dean would be treated with more respect. It is too bad the letter was not in a place of prominence so that more students could have read ihe Dean's ridiculous cheerleading for the Faculty Statement. First, I would like to fully condemn the attack on the gay and lesbian students. An attack on students due to their sexual orientation reminds me of the brutal attacks on protesters during the civil rights movement. Whoever you are out there that threw the vial of sulfur, YOU ARE A PATHETIC COWARD! Speaking of pathetic, let'sturnto Dean Filvaroff's letter. At the very time a strong letter was needed by the Dean to condemn this despicable act, there were only two weak sentences about the attack and a lot of rhetoric defending the Faculty Statement. It is an insult to those who care about confronting violence against gays and lesbians for the Dean to exploit this attack by using it as a forum for his own political agenda. The rest of this article is addressed to Dean Filvaroff. Have you ever actually read the Faculty Statement? In your letter you claim, "As indicated in that statement, expression is fully protected and will generate only responsive speech." This is certainly not how the Faculty Statement reads. The third paragraph ofthe Faculty Statement says the following: "By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise by the responsibility to promote equality and justice. Therefore, it should be understood that remarks directed at another's race, religion, national origin, age, or sexual preference will be illreceived, or that racist, sexist, homo- phobic, and anti-lesbian, ageist, and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype will generatecritical responses and swift, open condemnation by the faculty, wherever and however they occur." When I read the above language, the first thought that came to mind was hardly the "serious, even sharp, exchange of ideas with those whom one disagrees," as you state in your letter. Actually, I think about censorship and "thought police." Please stop insulting our intelligence by equating "swift, open condemnation" with "responsive speech." Now that you have pulled out the Faculty Statement, take out the dictionary and look up "condemnation". My version of Webster's reads, "a) to express disapproval of; b) to find guilty; c) to pronounce judgement against; d) strong reproof or censure." Only one definition comes close to "responsive speech." Thus, "swift, open condemnation"does not necessarily mean speech. It can mean many things and this is why the Faculty Statement must be revised. Why isn't the Faculty Statement printed in the Bulletin and law school application? It isremarkable that students walk through the doors of UB Law with no idea that they have just sacrificed the constitutional right to freedom of expression, since " each student's absolute right to liberty must also become tempered in its exercise." Although the faculty may have had good intentions when they wrote this statement, it appears that they forgot about the First Amendment. It reads, "shall make no. law...abridging the freedom of speech." The case law does not support you either Dean, please see Brandenburg v. Ohio. 395 U.S. 444 (1969), and Doev. University of Michigan. 721 F. Supp. 852 (E.D.Mich. 1989). Your letter appears to be a response to the prior issue of The Opinion where the Faculty Statement Survey was released and 86% of the respondents wanted itrepealed orrevised, including two faculty members. Do you ever listen to the reasons why students dislike the Faculty Statement? The same students who want it changed would also condemn this attack on the gay and lesbian students. It is the third paragraph of the Faculty Statement, which deals with speech, which the majority of the students want repealed or revised. Yet, both you and the faculty do nothing to respond to these complaints. Please stop hiding behind the cloak of the lawsuit. If the faculty simply revised the statement, the suit could be settled. Yes, the tone of this letter is angry. I have been at this law school for a year and a half now and I am tired of the leadership void emanating from the Third Floor. As a student who firmly believes in the First Amendment, I am embarrassed by the Faculty Statement. This is not a private school, it is a law school of the State University of New York, and your salary is being paid by the taxpayers of this state and the students. Thus, the policies ofthis institution must be applied equally to all students, not justcertain protected groups. There are students who are supposedly protected by the Faculty Statement who dislike it. Many women, people of color, and gays and lesbians think the Faculty Statement is paternalistic and actually damages efforts for social justice. Dean Filvaroff, the Faculty Statement debate has gone on way too long and demands a solution. I respectfully request that you apologize to the lesbian and gay students for using their painful experience as a forum for your political agenda and that a faculty committee immediately be created to revise the Faculty Statement. In Defense of Affirmative Action by Angela Gott That article about "Affirmative Action" by Hans Tirpak requires a response! I am saddened by Bush's veto of the Civil Rights Bill and Congress's failure to override that veto. I just finished Shelby Steele's The Content of Our Character. It clarifies and puts into perspective the backlash against minority programs on ourcollege and universitycampuses across the country. My own theory on why in the 80's this has been coming about and gathering more and more support in 890, is because today's white undergraduate students were born after the 1964 Civil Rights Legislation and after the 1965 Voting Rights Act and long after the deaths ofthe Kennedy brothers and Dr. Martin Luther King. These students were 8 years old when Ronald Reagan won his first presidential election. Not only has he had a tremendous impact on our US Supreme Court's "Law of the Land", but he's dominated the hearts and minds of this nation's youth that have largely grown up in front of the TV! This generation of white youth has never observed first hand institutionalized acts ofracial discrimination. If they bothered to pick up a copy of BLACK LIKE ME written in 1962, to them, it would probably seem like "science fiction" and they would not wantto believe it. I'm saying today's youth do not have any "white guilt." They tend to support the concept of equal rights, until they perceive it deprives them personally of opportunities, and that's where they draw the line. These arethe younger brothers and sisters of the "Me First" Yuppie generation (the last of which came of age in 1983), the ones who voted Reagan into office the 2nd time (as firsttime voters) because "they liked the money"—the expectation which his campaign had pressed into their hearts in return for their souls. I see the potential for this backlash movementto increase as time goes on. College and university administrators seem to be increasingly anxious to recruit the middle class and upper middle class black students for their "affirmative action" programs. This will serve to create a larger and larger "underclass" of blacks who will increasingly have to compete against academically over- achieving minority students for limited spaces in special preference programs. Shelby Steele calls for focusing on de- velopment programs, ratherthan merely increasing numbers of minorities. I feel higher education administrators still have an obligation to develop programs designed to create an environment where students accepted into academic programs will havethe means to learn the subject matter and be able to demonstratethatknowledge adequately. Just accepting students intoa program is not enough, particularly if some students are determined to be "at risk" students, beforehand. White males traditionally have been given all the opportunities to succeed while everyone else, minorities and women, paid their income taxes year after year and were denied opportunities for educational and personal career advancement. White males have had such a head start that unless Civil Rights legislation was passed for the rest of us, we would never be able to catch up. White males never had to share before and never knew what it was like to be shutout strictly on the basis of sex, race, or handicap! This is what equal opportunity is all about. Affirmative action programs have been instituted to undo the effects of institutionalized discrimination which have had an accumulative effect on generations of those historically disriminated against! It takes time to v ndo the harms created by discriminatory policies. Slowly, minorities and women havebeen making some progress and pursuing the same opportunities which traditionally only went to white males! Times, they are a changing! While white males may not like the heat of the increased competition, they can always just catch a plane to South Africa or some other traditionally repressive nation. I hear Saddam Hussein is looking for a few good men! Blood Drive Today Please Donate!!! Ist Floor o'Brian Hall Tuesday, November 6,1990 • The Opinion 5 �. L ItaliTnhe oafer: Adventursof a Legal Gumshoe imiodn 'H. Lktiia 'Jeuiurcsilititor I wouldn't call myself an epicure, but I like to eat on a regular basis. When I can't, my stomach makes more gyrations than JusticeMarshall in Marbury v. Madison. Work had kept me busy all morning with a few memos to write, a couple people to find and I had to take care of a suit for the senior partner. Taking that suit to the cleaners was the easiest thing I did all day. Coming back from the cleaners I chanced upon a recently opened diner called the Pro- Rated Choice Cafe. It was a store-front operation with stenciled lettering on the windows proclaiming a righteous meal served with a side order of self-serving justification. My gut was too hungry to argue and in I went for that righteous meal. Just inside the doorwas a sign stating the policy ofthe dinerabout losing things and the management not being responsible. A bunch of paragraphs followed the disclaimer arranged in near-haiku form containing some pretty pitiful allegory. I grabbed a table near the door and within seconds my waitress arrived. She was cloaked in a transparent robe of legitimacy and held a stonetablet with Cyrillic runes indelibly carved into its surface. I was about to speak when she held up her hand peremptorily and spoke in a strident tone. "You shall have black coffee, a bowlof primordial soup and a bald-faced sandwich of the First, Fourth and Ninth Amendments on a hard roll." She set down my coffee and started to walk away but turned when I called her back to the table. "Yes?" she said in a warning tone that made me give a second thought to expressing my displeasure. While generally a woman wrapped in a bedsheet makes my heart beat like the wings of hummingbird the look the waitress gave me felt more like the beak of the raven piercing my lungs. I no longer had much of an appetite. Still, since I wasn't in physical danger I decided to press on and ask about seeing a menu. "We don't have a menu here. There are no substitutions since we only serve our own ends," her voice was solid ice and her gaze went straight through me. I wished I had read the bad poetry out front, but a quick glance around the diner showed a sign by the front register saying all I needed to know — "Please Leave All Civil Liberties at the Door." I asked her if this meant I had no choice over what I wanted in my digestive sys- tem. "I think it's pretty obvious that you have no decision in that regard. Your own pitiful judgment is too limited to completely understand the moral implications of what your thoughtless act will do to your own body," her eyes were beginning to smolder with a passion I The Law Library: Complaints and Responses knew did not include me in their scope of The Complaint: Why are current law reviews on reserve? Can you make them any review. more accessible? I tried to assert the concept of the paramountcy ofthe rights ofthe individual in the United States, the foundation of society in the right to choose and the reasonable expectation of privacy. I explained that utilizing moral indignation or outrage to force-feed someone The Response: Current (unbound) law reviews are in high demand. Before they were placed on reserve, we received many complaints that users could not find particular issues despite diligent searches throughout the library. A significant number ofthese issues disappeared permanently, necessitating theirrepurchase at approximately $15 per issue in order to complete the volumes for binding. Since placing unbound law reviews on reserve, this problem has virtually disappeared. True, what we have gained in security, we have lost in browsability. Any sugges- your narrowly held perception of legal rights in a democracy does not comport with the original concept of government as a covenant amongst the People. That a society based upon a belief, by definition belonging to the individual, doesn't hold water unless you happen to be ruling by "divine-right" and that fortunately that concept went the way of the dodo bird about a hundred years ago. "Don't talk to me about an extinct avian, you infidel. We are asserting a firm conviction thatthe inside of an individual isthe proper venuefor the stateto limit the freedoms granted in the Constitution of the United States of America. Our glorious country was founded by religious fanatics, let's not pay too much attention to the "separation of church and state." We don't object to the freedom of speech (ignore the deportation ofthe communists from 1920-1950) and wehave never attacked the Third Amendment. Control over internal bodily functions has too long been assumed to be an individual's choice. Now we have brought it into the political arena where it belongs," she was frothing at the mouth like Old Yeller in the corn crib by this time and I wished I had exercised my Second Amendment right by bringing a musket into the cafe. But I was not an acting militiaman so I had to settle for reminding her that the Third Amendment prohibits the quartering of troops in private residences during time of peace. She turned beet red. "I know that, fiend. Realize this. That the home has always been ofthe utmost importance in the fabric of American life, coming second only to the automobile. Your home is inviolable, unless you happen to fit a of extensive travel to coastal profile cities in the tropical zones as promulgated by the DEA and yourlocal police," she really had all the angles covered. The food came but I didn't touch it. I asked her why we prevent government intrusion in our home yet insist that the government assert an interest in the privacy ofcertain rooms within the home. She turned on her heel and went to total my bill. I left without swallowing what they were dishing out, but I got stuck with a hefty check just the same. Sometimes it's better to go hungry than to give in to your visceral notions. The deadline for the next issue of The Opinion is tions? The Complaint: Please put signs "for law students only" on all carrel doors throughout the library. Non-law students use them, sit in there in twos, then have the nerve totalk and collaborate. When told they should not be in carrels, they state there is "no sign on the door!" Installing locks is one thing; signs aren't anywhere nearly as expensive. Please replace those missing. You have a legitimate way to oust these people, please use it! new signs are put up, people deface them or remove them. To secure the next batch of signs we have ordered a product called Protect-o-film. While deliverywas promised October 1, the product hasn't arrived yet. As soon as it arrives, the signs will be put up in what we hope will be a secure and aesthetically pleasing manner. We apologize for the delay in The Response: We have found that as quickly as replacing the defaced signs. The Complaint: Men continue to use the Women's bathroom on the 6th floor. It continues to amaze me how ignorant my fellow law students can be, and how lazy as well. The Response: It is indeed discouraging that some men refuse to cooperate in reserving the sixth floor lavatory for women. We have posted a copy of your complaint on the door and on the inside wall of that lavatory, appending to it the following message: GENTLEMEN —PLEASE This lavatory is reserved for women. Please use the lavatories on the 3rd, 4th, sth, or 7th floors. Thank you. We hope that a gentle reminder will help. The Complaint: Please don'tschedule WESTLAWand LEXIS training classes at the same time —it makes computerized searches completely unavailable for a substantial block of time. The Response: The WESTLAW and LEXIS training on Tuesday from 10:30 -12:15 for students in the Advanced Legal Research class did close off general access to those databases for that relatively brief time. The sign-up sheets for all terminals gave advance warning of these scheduled classes. The October 16th class was a once-in-a-semester occurrence. In fact, next semester, we won't have to use the second floor terminals at all for group training since we will have extra terminals available in the Koren/AV Center for the usual three week period. Extensive LEXIS and WESTLAW access is now available to law students who have modem-equipped personal computers at home. See the student representatives for LEXIS and WESTLAW for more information. The Complaint: It's freezing in here. Especially on the second floor. Can you do something about it? Please try to make it a little bit more pleasant for students to study in this law library. Thanks. The Response: We share your concern about the temperature control in the library. Please see the responses to complaint #16 and #50 forprocedural information. Even when we report complaints to the Chilled Water Plant personnel about cold temperatures in O'Brian Hall, it can be several hours before it gets warmer because ofthe nature of the campus heating system. As noted in the response to complaint #16, you may want to dress in layers to be ready for whatever varying temperatures you may encounter here. (Editor's note: maybe the library should complain to the Warm Water Plant —ha-ha). The Complaint: The swing door at the circulation desk makes a tremendous loud noise. Please, oil it or take it off if you can. TheResponse: Unfortunately, the swinging gate mustremain. Without it, unauthorized people roam through the Reserve Collection, compromising its security. All library employees have been instructed to hold the gate as it closes behind them. The gate makes no noise at all when this procedure is followed with care. The Complaint: Though assured to the contrary on #56, nooneknocked at the carrel doors on Sunday, 9/30. At 10:45 I stepped out of a 4th floor carrel into ink black darkness, the library having closed 45 mins. before. I had lost track of time. No one made an oral announcement on the floor, and we cannot see lights flashing. Please insist on personnel checking all the carrels. Fortunately exit lights were on and staircases were lighted. I was very terrified, I assure you. The Response: Yours is a serious complaint, and we are taking it seriously. The evening closers have been appraised of your complaint and the security issues it raises andreinstructed to openevery carrel and conference room door as they check the floors just prior to closing. We are also having windows installed in the carrel and conference room doors. This will cost about $2,000, but the gains in security and convenience seem immeasurable. ALTERNATIVE s:oopm Please submit articles to Box 677 or 808. 6 i _j£X\\ _/ , Tuesday November 6; 1990 • The Opinion O <^S^-: T v ° ' " [>4A ° SSW Lidbi/ffyßlMes A^""'-i-N\\ /ht s/Ati£ 6- Vow Are a Tort 0H ■■ I Ve/SscmW \EASCMWy O* , [) ncivi Permanenf Injunction of Love 4- Scrfan's Subpoera E t! fiX/z¥ ' Des+ruc+ion f^ocedure 2 3- t R Tγ ,• &31 I HETAVY METAL LAW MALICE November 12, 1990 at CAREER CHOICE! 7. Noise Easemerrf- Spgc/gfly-priced Compaci Disc | ... Produced by Wei/ Smoke i Mens Reoi: InCMbw-LeaJCM"*"-, Wce/s Spltenman - ~ .. Drums, Vocals | 11l l|||||f| Hi 1, » or»-tt» t �GROUND ZERO - Shh! Be Wery, Wery Quiet It's Wabbit Season! Attention K-Mart shoppers! As of the time of this writing, the following GUNS will be on sale: Savage 6712-ga Pump Shotgun, only $160; Martin 995.22-cal Rifle, only $108.77; Winchester 12-ga Shotgun, only $186.97, and; Remington Apache 77.22-cal Rifle, only $79.97! I don'tknow about the rest ofyou, but this manly man is opting for the Savage Pump Shotgun. I'll buy the shotgun (no waitingperiod!), get myself some camouflage clothes sothe deer don't mistake me fora human, get myself somecamouflage toilet paper so the humans don't by Michael Gurwitz Layout Editor mistake me for a deer (now that would be an embarrassing way to go!), and go blast some venison (altogether, it works out toonly $25 a pound, according to the NRA). Yup, it's hunting season —time to kill some animals and enjoy Mother Nature. Now I know that there are those of you whothink hunting is cruel, but let me ask you, what's more cruel, shooting deer with high-powered rifles equipped with scopes (or, if you prefer, razor-sharp arrows), or letting them possibly starve to death. You know there's too many deeroutthere —wehunterstellyouthat all the time and personally, my heart goes outto all those hungry deer. That's whylliketoshootthem. The way I figure it, my buddies and I shot all of thedeers' natural predators into oblivion (I have — the most beautiful wolf and mountain lion heads mounted on the wall in my den), so now it's up to men to do the weeding out (don't get me wrong, gals. I know that women can hunt as well as men, but the majority of hunters are male. I dunno, maybe men like carrying around long, powerful rifles more than women d0...). Where was I (lost my train of thought thinking about the pleasu res ofshooting off my big gun)? Ah yes predation. As I was saying, people have to take over the role of predators now. That's why hunters only kill the biggest and healthiest animals. I mean, that's how it works in the wild, right? You see, by killing off the biggest, fittest bucks, we leave behind a large ratio offemale deer to second-rate male deer. That way, we encourage over-population, thereby ensuring ourselves of a large supply of living targets for the next hunting season. Maybe killing off the healthiest animals weakens the gene pool, but hey, I always manage to find a least one prime specimen to mount on my den wall. I get ticked off by people who would deny hunters the right to kill approximately 200 million animals a year (not to mention the estimated two animals we merely wound and cripple for every animal we kill). Why, hunters make up a whopping 7% of the U.S. population, so it's only fitting that we be allowed to kill animals that would normally be , — around for the leftover 93% of you to enjoy (to think, some people actually enjoy seeing animals in the wildwithout actually killing them —what a waste!). A man's entitled to his fun, you know. In fact, it's been said byfellow hunters that if hunters couldn't go off into the woods to shoot a few animals, we might take out our frustrations on our wife and kids. Let's get one thing straight: if it weren't for hunters' money, state and wildlife officials wouldn't be able to afford all those wonderful game management programs that provide us with so many warm-blooded targets. What programs, you ask? Well, aside from the abovementioned killing offthe healthiest bucks, there are two other ways to ensure a large deer population. The first is to clear-cut,bulldoze, burn, or poison away millions of acres of public forests to create low browse habitat for deer. The second is to kill off, orotherwise discourage, non-game species which would ordinarily prey on, orcompetewith, those animals hunters enjoy killing, like deer. If it weren't for game management programs, and the conservation departments stacked with hunters, our deer wouldn't be able to breed to the point where we could claim they were going to starve! The most annoying thing to me is to have somebody tell me that they think hunting is cruel. That's why I'm glad that New York State has passed the hunter harassment law (Art. 11, Sec. 11-0110, McKinney's). This law makss it illegal for people who disagree wiffe hunting to actually tell me in person. Last weekend was in a public forest shooing at squirrels to pass the time, whin this guy came up to me and said "V\% don't you find a less violent way of «fitjoying nature." I was shocked, ouffaged, and You see, most importantly, it a the hunter harassment crime to do or say anything that "seriously annoys" a hunter. I called overa nearby game warden and had this guy arrested. Ha-ha! That fellow got 10 days in jail and a $250 fine for daring to talk to me while I was shootWig squirrels! The funniest thing is, I've heard lawyers who said that the hunter harassment law is an unconstituSonal limitation on a person's freedom of speech. Something about content-based restrictions, lack of compelling state interest, overbreadth...you know, legal technicalities. I had to laugh. You see, what all of those pinhead do-gooders and earnest lawyers don't realize is that it doesn't matter if a law is just, or constitutional, or fair. What matters is how much money you have behind you to influence the politicians, and folks, I've got the NRA behind me. Well, gotta go now. It's time to grab some beers, pick up my buddies for a little male bonding in the woods, and kill some starving deer. But first, I think I'll sit down and polish my rifle. Oh, the power! I Society's Smallest Victims Need Our Help by Jerri B. Gordon I have observed and have received much pleasure 'in doing so, the majority of my fellow students putting a great deal of energy and effortfighting for the rights and freedoms of many groups; animal rights, handicapped, homosexuals, race, women, workers, etc. But these advances are primarily for adults and the plight of children is scarcely noted, if at all. The battles that young children are struggling in are ones that they are unprepared to fight. They need protections because children have the gift to show adults a way to break all barriers of prejudice. Children, by nature, don't judge and the only way to protect them is by educating and reeducating adults. One important goal must be to prove how unconstitutional tracking' young children is and to stop it. I watch in horror as it moves to younger levels each year. One grades cattle, not children. Close your eyes for a minute and experience the life ofa young child (more often then not, he'll be poor, of a darker complexion, or both), who begins our educational system with a bright flame of curiosity burning in his eyes and hopefulanticipation radiating onhisface. He's then told he belongs in a 'low' group, whichcommunicates to him that he is scarcely worthy of anyone's efforts. Tragically, the other children see where he is on the school ladder and since they learn by example, treat him likewise. It is very much a social issue, rather then merely an educational one. By high school, he is a discipline problem, frequently illiterate, and tries to escape with drugs. These children hear things you and I don't know exist at an age when curiosity is often experimentation. He never believes or tests his capabilities and he never experiences the ecstasy of learning. The 'high-track' children are also damaged as they develop an arrogantly selfish, exclusive personality, living only to themselves without ever having the experience of helping and understanding those who manifest less ofthe world's standards. If children and people as a whole are not doing something to help lift someone else, they feel bored and empty, with their only goal being a desire to have more money and more toys. I'm not in favor of subsidizing education for people to buy bigger and better everything. I'm in favor of incentives for peopleto be reeducated and inspired to take responsibility for every child's education. The experiences of so many children are filled with repressions and injustices that must be remedied. We cannot continue to deny them the radiant truths of this life because we will not recognize theirright to them. However, truth itself will not free these children it's recognizing and working in it that will do that. Tracking is the worst form of segregation. We need compassion and justice to convince each child at an early age that in the great structure of the universe, there is a special place for him and we need him in his place in order to benefit us all. Every child should have an opportunity to measure and test his own capabilities to be able to establish - MANIA the best sort of inner mental picture. The primary benefits would be confidence, discipline, a sense of self-esteem, and useful practical knowledge. The reality ofthe situationappears to be a great deal less then these simple expectations. Perhaps what is needed is a new approach to an old idea from the Declaration of Independence: "We hold these truths to be self-evident, that all men [women and children] are created equal;that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness." Tracking and suspensions are destroying the future of many young lives. Children are not at liberty to choose the track they are placed in and soon discover disappointment and humiliation if they're not fortunate enough to be quick witted or to have a look ofacceptability. Tragically, there is a strong probability that these defeated children will remain on the track where they were early placed for the rest of their lives. It is a form of monotonous slavery and should be abolished, if not by the schools, then bythe people themselves. I am for any system that allows its populace to learn and live in dignity, but I'm against any that does not. Since I've been here, I've mostly learned that we as citizens have few rights, but are burdened and limited by many laws. Laws are worth less than nothing if they don't stand by an individual when he needs help. Children don't need issues, philosophies, "slippery slopes," or standards of review they need a strong active hand to ensure their special potentials are not forever lost. Mankind must come to the realization that anything that benefits one, benefits all; anything that harms one, harmsall. No wonder we are paying the penalty of ignorance, inhumanity and poverty, because we don't realize what we're doing to each other. Frances Bacon said that "Theancient wisdom of the best times did always make a just complaint that states we're too busy withtheir laws and too negligent in point ofeducation." To guarantee an enlightened future for us all, surely it is time to lift every school age child up where he belongs. - THE PASSWORD: 415 Seventh Avenue, Suite 62 New York. NY 10001 (212)594-5696 (516)542-1050 '914)684-0807 (201)623-3363 fAX: (212)643-9460 20 Park Plan, Suite 931 Boston, MA 02116 (617)695-9955 (203)724-5910 FAX: (617)695-9386 LEGAL Micali Pat Tuesday, November 6; 1-e9Q;-y,•,T"tre,QptniQ<i 7 �Studywiihj landpass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 • Tuesday November $; 1990 «The Opinion I 8 �SBA Committee Members Needed ANNOUNCEMENT!!! 3rd ROUND OF COMMITTEE INTERVIEWS THE S.B.A. is seeking individuals to interview for the various open positions on thefollowing committees : *NEW- LEGAL METHODS COMMITTEE 1 This committee works with the Administration in changing and/or maintaining the structure of the Legal Methods Program. By meeting regularly the committee can assess the program's merits and faults in an ongoing effort to improve it. Through students'observations, direct student feedback and discussions, student members will be able to offer a perspective that has not been present thus far.. This committee will consist of The Dean, five faculty members, three student members and the S.B.A. President. Please submit a letter of intent stating your qualifications for and interests in this committee by Friday, November 9th, box 692. 2 There is one position open for the ANTI-DISCRIMINATION COMMITTEE. This committee will focus on the problem of discrimination against any and all persons. Please submit a letterof intent stating your qualifications and interests in this committee by Friday, Nov. 9th, in box 692. 3 The LIBRARY COMMITTEE still has four student member spaces open. 4 The BUILDINGS AND COMPUTERS COMMITTEE needs four student members to complete this committee 5 Two STUDENT REPRESENTATIVES TO FACULTY MEETINGS are needed. 6 The CAMPUS CHILDCARE CENTER needs one person to fill a vacant board seat. Anyone interested in childcare facilities and procedures should sign up for an interview. IMPORTANT!! The sign up sheet for interviews will be posted on the S.B.A. dooron Monday, Nov. sth. '"NOTICE*" The Interviews for the LMP COMMITTEE, CAMPUS CHILDCAREand ANTIDISCRIMINATION COMMITTEES will be on Monday NightNovember 12th , starting at sp.m. and ending around Interviews Bp.m for the LIBRARY.BUILDINGS & COMPUTERS and STUDENT REPS TO FACULTY MEETINGSCOMMITTEES will beheld on Wednesday night, Nov. 14th, starting at 5 p.m. and ending around 7:30 p.m. For any questions on descriptions of committee functions, see the copy of The OPINION postedon S.B.A. door, or contact JOHN LICATA, Box 443. Bridging Discrimination in AIDS Treatment continued from page 3 between reasonable accommodation and discrimination. The significant dental needs of AIDS patients will force society to turn to the dental profession in this time of public health emergency. Dentists must re- spond based on scientific facts and not fear orprejudice. Thereactions of health care workers help shape public perception ofboththe nature ofthe diseaseand the risk it presents. If a dentist refuses contact with an infected individual, it reinforces unwarranted public fears. The occupational risk remains low and professional ethics requires dentists to face this risk. The law in this area, at its best, will leave gaps which ethical principles can most appropriately fill. But this statement only holds true if the profession actually articulates specific and clear guidance for its members. Even a statute prohibiting HIV patient discrimination byrefusal to treat orby unnecessary (disguised) referral would still require professional interpretation of what constitutes "unnecessary" referral. A sound approach to the treatment of infectious patients requires dentists to recognize the signs and symptoms of Capital Al DS based on reasonable and informed medical judgments, given the state of medical knowledge at thetime. Dentists should refer patients with histories or conditions indicative of HIV infection to a physician for diagnostic procedures, counseling and medical follow-up. Only patients whose symptoms preclude treatment in a private office should receive special accommodation. The American Dental Association should list these situations, as comprehensively as medically possible. Society needs, and has the right to expect, a high standard of care from the dentalprofession. Dentistry, in turn, has a long tradition of providing compassionate care to the public and groups with special needs. Meeting the challenge ofAIDS today will allow dentists to enhance their image as a true healing profession. However, society must support this ethical tradition with government-based compensation that shifts the costs ofoccupational infectionsfrom the dentist to "deeper pockets". Access to dental care remains an important value in our country. Society must now begin discussion ofall contingency plans to protect this value. Defense Work continued from page 1 footwork by interviewing witnesses, clients, sheriffs. It won't be busy work. This stuff needs to be done to insure effective counsel. There is possible trial work involved, for motions and procedural" work is not uncommmon. Ms. Harrington noted that some students come to Texas with a "save the South" mentality. She adds thatthere is some basis in the aattitude since 'Texas is in a class by itself. It's a poor state, the judges are elected not appointed, and a hang 'em high mentality definitely exists here." Capital defense work on such a large scale exacts the toll in emotion sincethe Texas Resource Center loses most of its cases. Ms. Harrington summed up the job description as "gru- elling work against a stacked-deck, bul it is the most compelling work a lawyer can do." Mr. Singleton, having extensive experience in capital defensethroughout the Southeast and Southwest, described the situation as a corroborative effort between the district attorneys and the judges. They think they're running a slaughterhouse down there, we have to make them act like it's a court house." Students interested in working at the Texas Resource Center in litigation, criminal defense or inobtaining possible academic credit are encouraged to contact Mr. Palmer Singleton in room 526 O'Brian Hall. VOTE! TODAY! VdTE! TODAY! VOTES TODAY! VOTE! TODAY! VOTE! TODAY! VOTE! TODAY! key: D=Democrat; C»Conservat«ve; L=Libefal; RTL= Right to Life; P=supporls parental consent/notification Candidate Office Mario M. Cuomo Pierre A. Rinfret Herbert I. London Louis P. Wein Governor Governor Governor Party Abortion Position D-L R Pro-choice Pro-choice Lt. Governor George Yancy Lt. Governor Anthony P. DiPerna Lt. Governor Gertrude C. Manning Lt. Governor D-L R C RTL Pro-choice Pro-choice Pro-tife D-L Pro-choice Pro-choice Pro-life C RTL Governor StanLundJne Edward V. Regan Donna M. Kearney Carol Bellamy Comptroller Comptroller Comptroller Robert Abrams Attorney General D-L Bernard C. Smith Robert F. Nolan Pro-life Pro-life Pro-life R-C RTL Pro-choice Pro-choice Pro-life Attorney General R-C Attorney General RTL STATE LEGISLATIVE OFFICES Candidate, Kevin P. Gaughan WilSamPaxon Office Aftortipn Pftsition District U.S. Congress U.S. Congress John J. LaFalce 31 31 Pro-choice D-L R-C-RTL Pro-life U.S. Congress U.S. Congress Kenneth J. Kowalski U.S. Congress 32 32 32 D-L R RTL Pro-life Pro-choice Henry J. Nowak Thomas K. Kepfer Louis P. Corrigan 33 33 33 D-L Pro-life unknown Robin Schlmminger Assembly Goeffrey E. Dell Assembly Michael D. Gigante Assembly 140 140 140 D RTL L Arthur O.Eve Assembly James W. McPeak Assembly 141 141 D-L Pro-choice (P) R-RTL. Pro-life Ester J. Kehoe Assembiy Richard R. Anderson Assembiy Angela Clrasa Assembly 142 142 142 L Paul A. Tokasz Julita T. Kotlarz Assembly Assembly 143 143 D-C Pro-life R-RTL Pro-life William B. Hoyt Paul P. Indelicato Assembly 144 144 D-L Pro-choice R-RTL Pro-life Richard J. Keane W. Shawn Manley Assembiy Assembiy 145 145 D-C R-RTL Assembly 146 146 146 R L Michael T. Waring Francis J. Pordum Will Michael Snyder U.S. Congress U.S. Congress U.S. Congress Assembly Assembly Assembly Thomas M. Reynold ,; Assembly Assembly Helen M. Pierce R C Pro-life Pro-choice Pro-life Pro-life unknown unknown mixed unknown D R-C Pro-life Pro-life Pro-life D-C mixed Pro-choice 147 R-C Pro-life 147 RTL Pro-life Assembiy Assembly Assembly 148 148 D-C R RTL Pro-fife Pro-life Pro-life John C. Ditienburg Assembly Assembiy Patricia McGee "149 D R-C unknown Pro-choice William L. Parment Assembly 150 D-C 150 R Pro-choice Vincent J. Graber Oaleß. Poole Mary F. Reformat 148 149 James P. Barney Assembly Jess J. Present Paula J. Cardone State Senate State Senate 56 unknown Pro-choice R 56 L Pro-choice D-C R L Pro-fife Pro-choice unknown Wiltiam StacJiowski State Senate Donald BHuttton State Senate James Peck State Senate 57 Anthony Masiello State Senate Michael A. Woolford State Senate 58 58 OaleM. Volker Paul Waldmtller 59 RTL 60 D State Senate State Senate Henry Charleson State Senate Johnß.Sheffer.il State Senate Albert D. Huntz State Senate 57 57 59 60 60 Pro-choice D-L R-RTL Pro-life R-C Pro-life Pro-life R-C RTL unknown Pro-life Pro-life COUNTY, CITY & LOCAL OFFICES Candidate Office Party David Swarts Poppy Rosano Ronald M. Stanton County Clerk County Clerk County Clerk JoelGiambra UsaCapell Buffalo City Comptroller Buffalo City Comptroller Carl A. Perta. Jr. Shane R.Gibson Joyce A. Battaglia Niagara Dist. Council Niagara Dist. Council Niagara Dist. Council David M. Buyer Terence J. Young D R L Abortion Position Pro-choice unknown unknown D-L Pro-choice (P) R-C Pro-choice D-L Pro-choice (P) unknown R C Pro-choice Orchard Park Town Council R-C Pro-choice Orchard Parit Town Council RTL Pro-Ufa Tuesday.November 6,1990' • TheOpinion 9 �THE LINDA YALEM MEMORIAL RUN BCHfI r«— This eventis in honor ofLinda V tlem, a UB student assaulted and killed while running this year. We want to remember the tragic and senseless loss of her life and to recall her life and her ambition to run. Linda was training for the New York City Marathon at the time ofher death. We hope that the University, and Western New York Running Community will jointogether to remind one another that we cannot be held captive to our fears. The fears and dangers that exist to ail of us must be confronted and controlled. We must take steps to ensure our safety and not allow our lives u> be controlled by fear. We want to develop an attitude and awareness in our community that we have a right to enjoy life and a responsibility to ensure oursafety and the safety of others. Join with us, as we race, run,jog, or even walk to appreciate the special goal ofLinda's to run the NYC Marathon, and the commitment and pleasure she derived from it We encourage everyone to participate in this special event Proceeds from the run will be donated to rape prevention programming and a scholarship fund established by the Yalem family. DATE: Sunday, November 18,1990 (Rain orShine) START TIME: DISTANCE: 10:00 AM REGISTRATION: ENTRY FEES: jj c EU.S, Only Fmfac n*h, I/M j AWARDS: No Duplicate Awards 5 Kilometers (3.1 miles) T.A.C. Sanctioned - - Make Checks Payable to: Linda Yalem Memorial Run SA Advance Registration: SIO.OO $8.00 UB Students Day RegistSn: $12.00 I •γ-shirtstoaliparticipants • Safety Whistles | • Overall Male and Female Finishers Open Division • Top Three Finishers in Male and Female Age Categories: 69 • 14 and under • 30 39 • 60 »40-49 70 and over • 15-19 • • 20 29 • 50 59 • Wheelchair - - • Top Five Male and Female UB Students • Drawing for Other Prizes POST RACE EVENT: FINISH LINE: Post Race Awards Ceremony with prizeraffle. Refreshments Served Emery Fisher Race Crew M AGe D SEX ill M-F 63-14 me brs com unity cInformatin, oner d University call 1 I II NAME I FIRST 1 More Spons red of SKTE/P«OV !xuc mvtcl:. me ua/or entry? aw Kav> Date ma* I Whelcair aU on: i lor Telphone mum) n«M> or a> f in at » «U Omtor 18 t I m<l I I I fa, namj 4 j —~ parent/gudian if m ! aplicton Student reorad Iorniat nCforamaptienn Counters,Desk, na tf u. parom a npimt : i ( The 636, Cal I I ) and M m« n4 Dam t Imvk foram UMft K •io<k —urn u> or uM »» ioM I For TCiCjD^ JtISA F# for Area C a n d y n> mFopore a>avl be Capen Housing mmwui ad Aaocu n. under No M mot mo StM i "Tα B«We. Yes an ioTi* iT i York 14260 —, Runer A r e n a M STWET Student? m e n t r i e s A i u n W Ti m U » i h UB NUMBER TOWN/Tf L-_ Salt Signature Sienature mail 174Bufalo, 11 the ZIP/OSCc im I I by _Tl^'' )^£/ T.A.C. I I 1 Sanctioned | AplicatonsHarimn Alumni . SAC A314.1 Desk, sociatn, Spectrum I I Parking, Rest Room, Bag Storage, and Shower Facilities Available. All levels ofparticipants are welcome. f»« tint, t r<l ! are and Arena, I University at Buffalo (Amherst Campus), Alumni Arena Race Day regitration and Packet Pick-up 8:30-9:30 AM Only. - INFORMATION: «-—i m ■ | Nβ ol of of I I I l. iS -'biS ■ -> ■ Of Life Law and Employment Discrimination by W.F. Trezevant On October 10, 1990, the Supreme Court listened to oral arguments in the International Union v. Johnson Controls, 89-1215. TheSupremeCourtistodecide the legality of an employer's policy excluding all women of child bearing age regardless oftheir family status, infertility, fertility oftheir sexual partner, age or their expressed intent not to bear children; from jobs that might expose them to the high levels of lead. The employer, Johnson Controls, manufacutes automotive and specialty batteries whose primary ingredient is lead which the company argues poses a threat to the development of unborn fetuses. This case deals with fundamental questions of equality, discrimination on the basis of sex as well as the issues underlying the abortion debate and for thisreason is, perhaps, one ofthe mosst important sex discrimination cases to be brought before the high cour since the enactment of the 1974 Civil Rights Title VII statute. Procedurally, this case is before the Supreme Court on the pleadings as the district court ruled in favor of Johnson Controls based on summary judgment motions. On September 26, 1989 the Seventh Circuit Court ofAppeals, sitting en bane, rendered a decision (7-4) of almost seventy pages, with three separate dissents, affirming the lower courts granting of summary judgment against this challenge underthe Civil Rights Act of 1974. While much of the debate has centered aaround the ideological and social policy concerns of a mandatory fetal protection policy, the issue for the Supreme Court is considerably narrower. The nine justices must decidewhethera fetal protection policy can be legally defended from a Title VII attack using either a business necessity defenseora bona fide occupational qualification Tuesday November 6,1990 • Opinion The 10 defense. The business necessity defense is a judicially created test from the early 1970's case of Briggs v. Duke Valley. This test essentially states that when the court is faced with an employer's policy which does not disscriminate on its face, but rather has a disparate impact by excluding a protected group, a business can legally defend itself froma discrimination suit if itcan prove that the policy criteria bears a demonstrable relationship to sucess on the job in ques- tion. In the present case, both the district court andthecircuit court have heldthat this wasa legitimate defensefor Johnson Controlstoraise. Therationale Johnson Controls uses to justify the exclusion of women from jobs due simply to their gender is on weak ground, and in fact flies directly in the face of the Title VII ban on gender discrimination. On October 11, 1990, in a debate sponsored by the Federalist Society, students and faculty listened to oral arguments from Professor Lucinda Finley of UB Law and Lincoln Oliphant, the legislative counsel for the Republican Study Committee. Mr. Oliphant commented on the use of this defense by Johnson Controls by sting that "it takes a little bit, maybe too much, of legal ingenuity to reach the business necessity defense." Johnson Controls also has available the BFOQ (Bona Fide Occupational Qualification) defense. This statuorily created defense holds that an employer can defend itselffroma suit if it can show that the policy practice is reasonably necessary to the normal operation of a particular business or enterprise. Johnson Controls has argued that when the employment of a person threatens harm to a third party, then the employer should be allowed to asser a BFOQ defense because asa part of the ordinary and reasonable course ofhis business, he is obligated to conduct his business without unduly threateningthird parties. In the case theunborn fetus is the third party. This argument is a much stronger ar- gument than the business necessity argument. However, Johnson Controls is attempting to utilize it before the conception of the third party. Hankering For Our Race Neutral Past by Vito Roman The walls have voices. All around O'Brian Hall they scream "Race Neutral Now!" What this message means, however, eludes me. Does it mean that the law school, the government, each and every one of us should never consider "race" when we deal with each other, for whatever reason? Or does it mean something else? Suppose the law school were to refrain from asking applicants questions about their "race," and to judge them solely on the merits of whatever other criteria their applications contained? What results? The answer, of course, would depend on what criteria, outside of "race," the school deemed important. Morelikely than not, itwouldbe the samecriteria it deems important now. Nevertheless, if we are to satisfy the wallsby returning to "Race Neutrality] Now," shouldn't we ask how "race" became an issue in our national life anyway? The answer, apart from being obvious, would have to include a reference to the enactment ofthe Civil Rights Act of 1866. Race neutrality to Congress then must have meanttreating Blacks as equal citizens under the laws of the nation. Thus, every subsequent Civil Rights Act enacted by Congress, even the vetoed 1990 attempt, could be seen as an attempt to promote racial equality by enforcing racial neutrality, i.e., equal (neutral) treatment of all races under the law. But then, how do we answer the walls? Perhaps the answer lies in the writingsof two of ourfellow law students, both of whom have come out strongly against affirmative action. Both these writers, it seems to me, clamor, like the walls: "RaceNeutral Now!" Writing in TheFederalist Papers (Vol. 3 No. 1), one of them declares that affirmative action is "discrimination against people of European descent"and that it has moved this nation away from the "America that[he] thinks our Forefathers envisioned." The other, writing in these pages (10/23/90), condescendingly states that by eliminating affirmative action "minorities in high positions would no longer be assumed to be less qualified than their peers or to have received theirpositions because ofthe color oftheir skin." This second possible reading of "Race Neutral Now!" however, bothers me. Ever since the birth ofthis nation we have struggled to live up to the meaning of that key phrase in the preamble of the Declaration of Independence: All Men Are Created Equal. If race neutrality means returning to a time when Congress did not meddle in areas where it felt it was important to promote equality, then I have no desire to return to that race neutral past. I simply cannot forget that in that past the words in the preamble meant not what they said, but instead, were given an Orwellian interpretation: Some Men Are Created More Equal Than Others �The Docklet dfadsfsd What: When: Where: LALSA Meeting Tuesday, 11/6 at 5 p.m. Room 210 What: When: Where: Dissent Meeting Tuesday, 11/6 at 5 p.m. What: When: Where: Opinion General Meeting. Wednesday, 11/7, at 3:30 pm. Opinion Office, 7th Floor. Writers, photographers, etc. WANTED! Lowdown What: When: Where: Lowdown: What: When: Where: Lowdown: Room 118 O'Brian Hall. Association of WomenLaw Students Brown Bag Lunch. Wednesday, 11/7 at 12:30 p.m. Faculty Lounge, O'Brian Hall. Constance Eve, director of an alternatives to prison incarceration program, will discuss her work. Domestic Violence Task Force Orientation Meeting Thursday, 11/8, 7- 10 p.m. Room 108, O'Brian Hall. Panel presentation to raise community awareness of the issue of domestic violence. Refreshments will follow. Also, a planning meeting will be scheduled regarding the chance to observe a family court proceeding during the first week in December. What: When: Where: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: Buffalo Environmental Law Society Bake Sale. Monday, 11/12 in the morning. In front of the law library. AWLS Candy Sale Thursday and Friday, 11/15&11/16. Buy a "World's Finest Chocolate Bar" for $ 1 from any AWLS member or at the office in the basement of O'Brian Hall, room 10. One-half of the proceeds will go to the Linda Yalem Scholarship Fund. To participate, leave a note in box 401. Second Statewide Labor & Environment Conference Friday Sunday, 11/16-11/18. SUNY College of Environment and Forestry, Syracuse. A meeting of activists at a maj or educational conference to build a movement for labor and environmental justice, (for more info., contact Andrea Sammarco, # 512.) Linda Yalem Memorial Run Sunday, 11/18 at 9 a.m. Starts at Alumni Arena. All proceedswill go to theYalem Scholarship fund and Rape Prevention on Campus. - SBA and Kappa Psi (pharmacy school), are co-sponsoring a Blood Drive to be held on Monday, November sth and Tuesday, November 6th. This is a great chance to receive a feeling of good will and satisfaction in knowing that you are helping to save a life. It only takes about a halfan hour, and you get free cookies and orange juice to boot! Stop by Monday orTuesday and help out the American Red Cross. HUMAN RIGHTS WEEK Nov 12th thru Nov 17th Detail Posted Outside Room 408. What: When: Where: AWLS General Meeting. Monday, 11/19 at 5:30 pm. First Floor Lounge. ANNOUNCEMENT !! ! 3rd Round Of COMMITTEE INTERVIEWS THE S.B.A. is seeking individuals to interview for the various open positions on the following committees : •NEW- LEGAL METHODS COMMITTEE This committee works withthe Administration in changing and/ 1 ormaintaining the structure of the Legal Methods Program. By meeting regularly the committee can assess the program's merits and faults in an ongoing effort to improve it. Through students' observations, direct student feedback and discussions, student members willbe able to offer a perspective that has not been present thus far. This committee will consist of The Dean, five faculty members, three student members and the S.B.A. President. Please submit a letter ofintent statingyour qualifications and interests in this committee by Friday, November 9th, box 692. There is one position open for the ANTI-DISCRIMINATION 2 COMMITTEE. This committee will focus on the problem of discrimination against any and all persons. Please submit a letter of intent stating your qualificationsand interests in this committee by Friday, Nov. 9th, in box 692. 3 The LIBRARY COMMITTEE still has four student member spaces open. 4 The BUILDINGS AND COMPUTERS COMMITTEE needs four student members to complete this committee. 5 Two STUDENT REPRESENTATIVES TO FACULTY MEETINGS are needed. 6 The CAMPUS CHILDCARE CENTER needs one person to fill a vacant board seat. Anyone interested in childcare facilities and procedures should sign up for an interview. IMPORTANT !! The sign up sheet for interviews will be posted on the S.B A. dooron Monday, Nov. sth. ***NOTICE*** The Interviews and ANTIfor the LMP COMMITTEE.CAMPUS CHILDCARE DISCRIMINATION will be on Monday Night November 12th , starting at sp.m. and ending around Bp.m. Interviews for the LIBRARY,BUILDINGS & COMPUTERS and STUDENT REPS TO FACULTY MEETINGS COMMITTEES will be held on Wednesday night, Nov. 14th, starting at 5 p.m. and ending around 7:30 p.m. For any questions on descriptions of committee functions, see the copy of The OPINION posted on S.B.A. door, or contact JOHN LICATA. - The weekend of November 16 18, labor activists and environmentalists will be afforded a unique opportunity to help build an UNSTOPPABLE COALITION at the 2ND ANNUAL LABOR AND ENVIRONMENTAL CONFERENCE. The conference will be held in Syracuse, and representatives from over 50 environmental and labor groups will be on hand to discuss issues of interest and forge new connections. The Buffalo Environmental Law Society will be organizing transportation and housing for anyone interested in attending. Costs are minimal ($3O student, $10 low income), and fee waivers may still be available for special cases. For more information, please sign your name on the sheet in the mailroom, on the BELS board, or leave a note in box #512. - - CANNED FOOD DRIVE OnThursday morning, the Labor Law Society will sell coffee and doughnuts on thefirst floor of O'Brian Hall to raise funds forthe workers of Local #1610 of the Amalgamated Transit Union. This isthe local chapter of the Greyhound workers union. At the same time, they will accept your donations ofcanned goods for the families of Local #1610. Please bring canned, nonperishable goods with you, or drop them off at the Public Interest/Public Service Office, 509 O'Brian Hall. Tuesday, November 6,1990 • The Opinion 11 �New "fork Bar Review Course Summer 1990 Enrollments ' BAR REVIEW 9 - Pieper All other courses combined 2,200+ 250+ Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-11-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/6/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bcff3e032528b1ed4864312373e765ce.pdf 53ec3579567ddbe26c76d2ea269841bb PDF Text Text THEOPINION Volume 31, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 20,1990 Kenyatta and Cox square off on death penalty by Steven Levitsky On November 8, The Federalist Soci- ety helda debate pitting UB Professorof Political Science Richard Cox against UB Professor of Law Muhammud Kenyatta on the topic "Is the Death Penalty Constitutional?" Each professorwas allowed an initial 20 minutes to lay out theirpositions, and a secondary 10 minute time allotment to rebut the contentions oftheir adversary. The floor was then opened to an hour long session of audience questions. Cox's initial argument was set out in the framework of rebutting the contentions of Supreme Court Justice William Brennan, a staunch opponent of the death penalty. In backing up his argument regarding the Constitutionality of the death penalty, Cox first referred to the Fifth Amendment, which was added in response to the Anti-Federalist complaint regarding the lack of a Bill of Rights. In adding the Fifth Amendment, Cox stated, 'The founders sawno contradiction because of the government privilege to take away life with due process of the law." Cox further stated the Fifth Amendment gave the government"rights to execute citizens with due process of the law." After giving several quotes by John Locke regarding the natural law and its further necessary conversion into Constitutional government, Cox went on to enumerate the first criminal statute of the United States, which was laid out in the second session ofthe first Congress in 1789. The statute allowed death by hanging for three separate crimes: treason, murder and piracy and felony at sea. Cox emphasized that the Founders of the first government used the death penalty as treatment for the most heinous crimes. This statute was formulated after the bill of rights, which allowed the death penalty, according to Cox. Turning to State Constitutions next, Cox statedthat it was up to each of them to declare death penalty Constitutionality in its own venue. He showed the present and ongoing acceptance of the penalty by the states in giving as examples Missouri and Massachusetts, which both added provisions in 1982 to their state Constitutions stating that no parts ofthe Constitutions may statethere may be no death penalty in the state. The right ofthe governmentto punish is not only consistent with naturalrights," Cox stated, "but it also affirms them." Finally, Cox concluded by stating that he feels, as many do, what President Abraham Lincoln stated at Cooper Institute in 1860 governs the interpretation of the Constitution: only concentrated argument and evidence may beused to take on the Constitution's interpretation. death penalty in his initial arguments. Instead, he gave three humanistic arguments in opposition to the death penalty. His first argument was "mathematical" in nature. "If you kill people, they're dead. They don'tcome back," he simply but effectively stated. "Death is irrevocable. "And is you're doing something which has any possibility of irrevocable error, all precautions must be made not to make that error." As an example of this concept, Dr. Kenyatta used the case of Kemo Ali, a civil rights activist who was accused of mugging and murdering a Chester, Pennsylvania woman in 1970. Though Ali was manifestly innocent, he spent nine months in jail. And according to Kenyatta, but for the fact that he was involved in the civil rights movement and had access to top lawyers, "his ass was fried." "When you're dealing with something like loss oflife which is irrevocable, you don't take chances," Kenyatta stated in conclusion of his prem- ise. the hangman is we," Kenyatta concluded. "When we kill unnecessarily, we don't only take away life we can't replace, but we diminish in some way ourselves." In his brief rebuttal, Dr. Cox stated his relevance of raising Brennan's view as that Brennan is trying to persuade that his way is correct to look at the Constitution, which Cox feels is incorrect. He further stated that he could understand Dr. Kenyatta's argument to not take the Founding Fathers literally, but he enumerated again as the standard of Constitutional interpretive review Lincoln's speech at Cooper Institute. In Dr. Kenyatta's rebuttal, he first brought up the issue of race, which Dr. Cox had alluded to previously. "The death penalty in this country is applied in a very discriminatory fashion," Kenyatta stated. "Traditionally and today, the death penalty is more likely to be applied if the victim were white than black." Next, Kenyatta rebutted using the complete interpretation of the thoughts of the Founding Fathers and their contemporaries when interpreting contemporary matters. "I dont turn to Locke, Jefferson and the rest of the Founding Fathers," he related. They were so backward they didn't allow their wives to vote." Dr. Kenyatta's final argument related to "ourselves: who we are and who do And Justice Brennan's argument of human dignity as the reason to overturn the death penalty does not meet this stringent criteria. Professor Kenyatta interestingly did we see ourselves as." not address the Constitutionality of the "Ask not who is the hangman because Next, Kenyatta conceded that an argument Can be made for the Constitu tionality of the death penalty. But his answer to that question was a resound- - ing "so what." "Don't mistake legality for morality, Constitutionality for lightness," stated Kenyatta, using as past examples slavery and suffrage. Concluding his rebuttal, Kenyatta stated, "You don't kill people because CONTINUED ON PG. 6 Reflections on the domestic violence task force panel discussion by Darryl McPherson Staff Writer On November 8 in 108 O'Brian, the Domestic Violence Task Force presented a discussion to raise awareness of domestic violence and its surrounding conditions. The presentation served to shed some light on the complexities related to the horrendous phenomenon of domestic violence. Fourspeakers were initially arranged to give different perspectives on the issue, but circumstances allowed only the presentation of two. Professor Isabel Marcus had to cancel due to commitments related to her work protecting women's rights through pro-choice activism. Professor Charles Ewing was delayed in court because of his involvement with the well-publicized O'Connell/ Jacobs case. Professor Marcus was to give a feminist perspective on domestic violence and Professor Ewing was to discuss the Battered Woman's Syndrome. Still, the forum did not suffer for their absence, as the point of the evening still came strikingly across. Second year student Sue Tomkins opened the evening by giving the background of the Domestic Violence Task Force. While in New York, Rebecca Eisen discovered an advocacy program CONTINUED ON PG. 6 By Melanie Mecca On November Bth, The Domestic Violence Task Force sponsored a presentation to increase community awareness of the problem of domestic violence. Violence in the home includes not only physical assault, but psychological or emotional abuse, sexual violence or incest, as well as financial and educational deprivation. Luella Clyburn, a social worker from Haven House, spoke on the role of the shelter in Erie County. Joseline Pena, a third-year student, discussed cultural influences on the treatment of women. Founded in 1979, Haven House was the first shelter for battered women in Erie County. The program provides emotional support and counseling for abused women and their children. Victims may remain at Haven House for up to 90 days, or until they make alternate living arrangements. Because Haven House provides only emotional support, Clyburn noted the need for legal advocacy. Victims of abuse are required to use the judicial system to obtain the legal protection available to them, specifically, an Order of Protection. This is issued by a Family Court judge to keep the abuser away from the victim, eithertemporarily or for up to a year. Although seeking such an order is the usual course of action, it often proves difficult as well as inefficient. "Abused women are victimized twice; once by the abuser and again by the system," said Clybum, "we need to clear the confusion." To obtain an order of protection, the victim must first see a probation worker in the legal division of Family Court. If she is convincing at this stage, she will be permitted to appearbeforethe judge. Clyburn is depressed by the procedure. "It all depends on the judge, what kind of day he is having." She insists that advocates be strong so that the judge "grasps the severity of the situation." Oftentimes, the woman is nervous, scared and vulnerable. Having been abused, she is easily intimidated by a male authority figure. Battered women need both emotional and legal support at this stage. Once the Order is issued, enforce- CONTINUED ON PG.B The Opinion Wins ABA Awards! The 1989-90 staff of The Opinion was recently presented with two awards from the American Bar Association's Law Student Division Newspaper Contest. A cartoon by Darryl McPherson won a third place "Award of Excellence" for Editorial Cartoon of Broader Aspects of the Law, and an editorial by Michael Gurwitz won a second place "Award of Excellence" for Written Editorial on Broader Aspects of the Law. Both awards were given to newspapers from Class B law schools those schools with student enrollments of over 700. The Opinion congratulates its winners and looks forward to more awards in the next contest. Editor's Note: Both editorials are reprinted on page 5 ofthis issue. — HIGHLIGHTS Third Floor Personnel pg. 3 Changes ITPI Articles Carried by pg. 3 Westlaw. �JI New York Bar Review Course Summer 1990 Enrollments BAR REVIEW Pkpgr All other courses | combined 2,200+ 250+ Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course �Personnel Changes on the Third Floor by Maria Germani Editor-in-Chief As law students engulfed in ourcurriculla, extracurricular, work and family activities, it is very easy to overlook, or simply forget the support staff that assists our professors, deans, and other administrators in the day-to-day operation ofthe law school. Anyone paying a recent visit to the third floor will discover the many personnel changes that have been made. On Monday, November sth, the third floor staff reported to work as usual. What Charmagne Henry-Alabi, AnnaMarie Nikander, and Sue Szydlowski did not know was that Monday was moving day. Ms. Henry-Alabi, who was formerly a secretary for Allen Carrel, Henry Schlegel and Marlene Cook, as well as the administrative backup for Cheri Tubinis, (Dean Filvaroff's secretary), now works with Aundra Newell, Assistant Dean for Admissions and Student Affairs, and Lee Albert, Associate Dean for StudentAffairs. AnnaMarie Nikander used to occupy this position, and has been relocated to Room 314, where she has replaced Sue Szydlowski. Sue Szydlowski has been moved to the fourth floor where she is now a secretaryfor Professors Lucinda Finley, Jeff Blum, Lou Swartz and one other professor to be named at a later date. The shuffle came as a surprise not only to the individually affected employees, but also to the co-workers and students who work closely with them. Thereasons forthe reorganization differ depending on whom you ask. According to several people familiar with the situation, the disruptionresulted because of a personality conflict between Marlene Cook, Assistant Dean for Budget and Resource Management, and Sue Szydlowski-who worked closely under Dean Cook. A recent eyeball-rolling incident further aggravated the somewhat tense relationship between the two women. In a recent interview, Dean Cook denied the personality conflict, and instead stressed certain difficulties between Ms. Szydlowski and several faculty members. Dean Cook noted Ms. Szydlowski's technical abilities as her budget assistant and stated, "I had to make a hard decision, and I made it." According to Dean Cook, as a newcomer to the law school two and a half years ago, she was informed of the dissatisfaction of several faculty members and administrators with Ms. Szydlowski, and theirdesire to have Ms. Szydlowski relocated. Dean Cook remarked, "I protected Sue for two and a half years." Dean Cook was concerned with keeping student information and services on the same floor and within one area for the sake of convenience and confidentiality. For this reason Ms. Nikanderremained on the third floor. Likewise, Dean Cook felt Ms. Szydlowski was better suited for the position of faculty secretary. Most of the support staff here at the law school would agree that their main concern is to address the needs of the students and faculty, to the satisfaction ofall the law school's Deans-particularly Dean Filvaroff. Indeed the dedication and accomplishments of both Ms. Szydlowski and Dean Cook is unflinching. Both women have a long history with the University, and the resulting network of contact people in the University's many divisions is key to their success in serving the particular needs of the law school and its student body. Dean Cook's role in updating the school's facilities to accommodate law worked closely with law school student organizations, especially concerning their expenditures. The Law Review and Moot Court Board often sought Ms. Szydlowski's help and benefited from hercontacts. According to CarlTierney, the Law Review went to Ms. Szydlowski for "basically anything that dealt with money, or the outside world." "She was great." Cheri Tubinis commented, "They just moved a person who was very good with the students." Conversations with several third floor employees and faculty members have revealed the different working styles of the two women. More than one person has described Dean Cook as a "Yes Man" [sic]; aiming to please her superiors at all costs. "Even if Marlene saw the same problems Sue did, she didn't voice them.' Some law school employees have discussed several incidents concerning Ms. Szydlowski which have reflected her working style as well. "Insubordination is the word that comes to mind. Another reason which provoked the reorganization, was the deteriorating relationship between AnnaMarie Nikander and Aundra Newell and Lee Albert. Most ofthelaw school employees familiar with the politics of its support staff would agree, as does Ms. Nikander herself, that she was not happy where she was and is unsettled with heradded responsibilities in Room 314. As a fulltime employee working with Dean Newell and Dean Albert, Ms. Nikander was responsible for personnel and payroll matters. The personnel changes came as a surprise to her too. In addition to her previousresponsibilities, Ms. Nikan- der has inherited the budget-related tasks which Ms. Szydlowski previously oversaw.Ms. Nikander is looking for- ward to the challenges of her new posi- tion, and describes her situation as "a day-to-day learning experience." "As things come up, I have to drop what I'm doing and look into it." A common point ofcontention among many ofthe employees was the lack of notification and communication to the affected persons. According to one employee, "people are bothered by the way it was handled." No meeting was called by anyone to announce and discuss the significant changes. Ms. Szydlowski was informed at her home on her day off from work, and Ms. Nikander and Ms. Henry-Alabi were told the day of the reorganization. Many employees question whetherthe reorganization warranted the emergency password-of-lock changes which they stumbled upon. Morale at theoffice was very low immediately following the sudden reorganization, but seems to be improving. One employee who wished to remain anonymous, discussed the low morale sincethe personnel changes, "Nobody hardly wants to come in." "If little obstacles come in the way, people just shut down." Initially disappointed in the reorganization, Ms. Szydlowski is looking at the brighter side of things. She looks for- ward to the greater amount of time she will spend at word processing, affording her the opportunity to become more familiarized with Word Perfect. According to Bradley Gayton, a third year law student who has worked very closely with Ms. Szydlowski in Room 314 over the past two years, the recent reorganization is a waste of Ms. Szydlowski's skills. "Her skills are being underutilized." Many of the affected employees would agree that once the dust settles, things will return back to normal. students with special needs was instru- mental, to say theleast. Ms. Szydlowski Labor Leader Decries ITPI Articles Picked Social Injustice Up By Westlaw by Andrea Sammarco News Editor Although it is one ofthe highest-funded student organizations at ÜB, The Center for Public Interest Law goes about its business withrelatively little fanfare. Its business, specifically, is the creation of the In the Public Interest law journal, which is dedicated to publishing scholarly or journalistic articles on law, society, or public policy. ITPI. as it is better known, calls itself "an alternative law review," and the quality of the publication is more than sufficient to give the Buffalo Law Review a run for its money. It is carried by law school libraries across the country, as well as many public interest law firms and agencies. It isalso currently distributed to all faculty members and students in the law school. Its editors-in-chief are Jonathan Johnsen, Terri Mayo, and Gerri Zang, and approximately 20 students make up the rest ofthe editorial staff. Many involved with the publication consider it to be the alternative route to distinguishing one's self from the masses, while working towards a worthy cause in bringing issues of public interest to light. The people at LTPJ have good reason to be jubilant these days. Five articles from past issues have been included on theWestlaw database, 3 from volume 9 and 2 from volume 10. This increases the visibility of the publication as well as UB Law School, and contributes to our image as a highly rated institution. According to Johnsen, "We work very hard to put out the best journal we can with the resources given to us, and I think the fact that we're carried up by Westlaw is testament to that fact." The articles from volumes 9 and 10 are only the most recent in a string of acquisitions added by Westlaw from past ITPI journals. ITPI is currently soliciting articles for publication in its Spring 1991 edition. The journal will accept articles from faculty and law practitioners, but especially encourage students to submit scholarly papers, examining legal issues in their social, historical and political contexts. Papers are considered anonymously. To submit a work for consideration, 3 copies of the paper (identified by social security numberonly) should be left in an envelope in the mailbox of either Jonathan Johnsen, Terri Mayo, or Gerri Zang. The author's name and mail box number should appear on a separate sheet of paper alongside the envelope. Submissions must be received by January 19,1991. Publication decisions will be made in late January, and applicants will be notified of those papers selected by mid-February. ITPI is also interested in finding a graphic artist to provide illustrations for the 1991 edition. Interested parties may apply to the above mentioned mailboxes. system in Guatemala," reported Munoz. Over one-hundred thousand people by Nathaniel Charny Staff Writer "Social Injustice" was the message that Guatemalan labor leader Sergio Gunzman Munos brought to O'Brian Hall on Thursday, October 25th. Munos, a national labor leader and organizer, used his visit to Buffalo as an opportunity to explain the difficulty that he has had in trying to organize workers to fight for better working conditions in Guatemala. Despite tremendous efforts being made, the workers of Guatemala are facing a worsening situation every day. Munoz blames the difficulty on the limitations that the government and military put on union organizing. There is no right to union organizing; worker's rights are a notion that is unacceptable to the groups in power. There is no concern for working conditions. "Without the power to unionize, it is nearly impossible to remedy what is happening in the workplace," says Munoz. "In some cases," explained Munoz," the Government will go as far as to illegally close factories in order to avoid the workers from organizing a union." Perhaps the greatest obstacle to union organizing in Guatemala is the state of terror that the government has created. "Death threats, kidnapping, and killing ofworkers in the popular movement are tactics used to maintain a state of terror and the ability to maintain the present have been murdered during the thirtyyear military rule of Guatemala. The major overallproblem, according to Munoz, is the disproportional land ownership in the country. 70% of the land that can be cultivated is in the hands of 2% ofthe population. "This is an example of the inequality of wealth and poverty in Guatemala." "There is a profound social crisis occurring in Guatemala," according to Munoz. "There is 50% unemployment. 8% of all children between birth and one-year dieof malnutrition. 80% of all children overthe age ofone show signs of malnutrition. Medical care is almost entirely inaccessible for the general population. 87% of the population is poor or extremely poor (not able to meet basic nutritional needs) and 52% of the general population is completely illiterate. Democracy is associated with these things. Guatemala islacking these basic human rights. Guatemala is lacking democracy." Munoz explained that the 1985 elections in Guatemala were meant to bring an end to thirty years of military rule and oppression and to implement the "National Plan for Security and Development," a promise by the military to remedy the worsening social crisis in the Country. Christian Democrat Vinicio Cerezo Arevalo was elected President of the second civilian government of CONTINUED ON PG. 8 Tuesday, November 20,1990 • The Opinion 3 �opiMONjiiir Volume 31, No. 8 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: November 20,1990 Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jonn B. Licata Michael D. Gurwitz jjm Monroe R on R USCzyk EDITORIAL A major departure from First Amendment precedent occasioned this past weekend when the Supreme Court refused to lift a gag order placed on Cable News Network. Eleven days ago, JudgeWilliamH. Hoeveler, the Miami Federal District Court judge presiding over the narcotics-trafficking trial of Gen. Manuel Antonio Noriega, issued a temporary restraining order to Cable News Network prohibiting CNN to broadcast several tape recordings of Mr. Noriega's jailhouse telephone conversations with his attorneys. CNN reacted by filing an emergency stay of the order and simultaneously sought to schedule arguments on the constitutional merits of the dispute. While Justices Thurgood Marshall and Sandra Day O'Connor dissented in a two-paragraph opinion, the majority issued its order in just one sentence—devoid of any reasoning forls decision. But the most disturbing part of the Court's decision is its refusal to grant CNN a hearing on appeal. Review by the Court at this time might be deemedpremature, since CNN may seek review downthe road if Judge Hoeveler does indeed permanently bar further telecasts of the taped conversations. The Supreme Court has never upheld a prior restraint against the press when it has addressed the merits of suchan issue. Twenty years ago the Courtfitted a judicial order blocking the publication of documents depicting the U.S. involvement in the VietnamWar. In the Pentagon Papers case, the Court ruled the government had not met its heavy burden warranting the gag order. Taping prisoners' telephone conversations is not unusual. Federal standards require the recording machines to be turned off at the inmate's request, h is difficult to believe Mr. Noriega was not made aware of this by his attorneys. The circumstances surrounding this case reflect the incompetence and/or eagerness of the Justice Department to prosecute and convict the outlaw who for so long occupied the U.S. government's most wanted list. In light of the fact that the Justice Department also wantsthegag ordertostay in effect, onecannot help wonder if the contents ofthe tape recordings would be more damaging to Mr. Noriega or the U.S. government. The result of the Justice Department's gung-ho behavior has resulted in the competing claims of Mr. Noriega's Sixth Amendment guarantee of a fair trial, and the press' First Amendment rights. An unfortunate consequence has been the undermining of the First Amendment. What ofthe Court's landmark 1976 case, Nebraska Press Association v. Stuart, which resoundingly reinforced the constitutional presumption against prior restraints in almost ail instances? Will trial judges go gag order happy? An almost certain consequence is the dilutionofthe appropriate standards to be applied in deciding to issue temporary restraining orders of the kind Imposed by Judgti Hoeveler. This is cause enough to be concerned. The Opinion wishes all faculty, students, and staff a Happy Thanksgiving. Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: Steven Levitsky, Melanie Mecca, Hans Tirpak, Tom Winward (ECopyright 1990. The Opinion, SBA. Anyreproduction o< materials herein b strictlyprohibited without theexpress consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It is thestudent newspaper of theState University olNew York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo. NY. Editorial policy of The Opinbn ie determined collectively by theEditorial Board. The Opinion is fundedby the SBA fromStudentLaw Tees. TheOpinion welcomes letters to theeditor but reserves the right to editlor length and Übebus content. Letters longerthan three typed double spaced pages win notbe accepted Please do not put anything youwish printed underour office door. All submissionsshould be placed inlaw schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesforthe semester are posted in the mailroom and outside The Opinion offbe. 724 0 Brian. THE OPINION MAILBOX An Answer to the Call For Responsible Art The commentaryby Brian Carso in the 10/23edition ofThe Opinion calling for responsible art was very well written and thoughtful. It was not the typical article which suggests limiting the creative freedom of artists through either controlling purse strings or outright censorship. Instead, it called for something that all endeavors should require, responsibility. I guess that the traditional rabid attack on immoral artists would have made me more comfortable. I say this because a well written, thoughtful call for responsible art can often be more dangerous. The author has asked us to remember that an open mind that is not critical is dangerous and suggests that we need to think more clearly where art is concerned. We must also remember to feel, to experience for ourselves and to be careful when suspending our own beliefs to experience the world of the artist. Therein lies the key to responsible art. WhetherBrian knows it or not he too is an artist who has created a work in the form of an article He presents a message, crafts an argument, provokes thought and evokes emotion. He too must therefore be responsible. From the start of his article 4 Tuesday November 20,1990 • The Opinion MAILBOX CONTINUED he appeals to our emotions of fearand hate of the reprehensible crimes ofrape and murder. In these examples he warns that culture/art may affect behavior in an adverse manner. This is probably true in some instances but those same troubling images, songs and sculptures can, like Brian's article, carry important messages. Remember that some of the great morality plays dealt with subjects like war, incest, murder and rape. They are important because we judge them by the message not the content of the work. Art is a strange mixture of the interplay betweenthe critical mind and thefeeling soul. It challenges society's norms as wellas it reflects them. With this in mind, I take it upon myself to answer some of the questions posed by the article. Yes, if an object has anyaesthetic value forone individual then nobody should impose a standard of judgment. Instead, people must challenge the work, the message, the artists and, through a give and take, advance our society. The imposition of creative standards can only be stagnating. Yes, we do want the explicit depiction of rape and murder for the purpose of entertainment but it must never be passively accepted. This is wherethe responsibility in art must lie, not solely upon the creator but upon those who experience it as well. Yes, we do want to provide an audience for musicians who celebrate the violent degradation of women, while at the same time we mourn those who have suffered beyond our comprehension the horrors of violent sexual assault. We need these forums to understand the contradictions within ourselves and humankind. Denial of certain subjects will not make the underlying problems go away. Brian asks, what literature, what songs, have suggested the behavior of the depraved among us who have caused such grief? I simply cannot answer that question. However, I am unwilling, as our society should be, to risk the literature and songs of the future which may inspire greatness simply in the name of responsible art. Tom Winward An Objection to The Dissent Characterization I would like to respond to certain allegations made by Gary "Loose Cannon" Ketcham in the latest issue of The Federalist Papers. These allegations appeared under the headline 'The Dissent Won't Print Dissenting Views." As an editor for The Dissent. I feel compelled to object. I would first point out that Gary never attempted to submit his critique ofTheDissent to us. If he had, he almost certainly would have found us quite willing to run it in our next edition. After all, truth is a relative concept, and certainly not a prerequisite for any articles perused by human, (and therefore fallible), editors. We never reject articles based on the number of falsehoods we think are contained therein. As for his assertion that we rejected an earlier article which he submitted, due to some substantive disagreement with its message, this is simply not true. Thearticle to which Gary is referring was a response to a response to a piece he had printed in The Opinion last January. First of all, the article was rejected because we simply didn't have enough room to include it in the upcoming issue of The Dissent. Moreover, everything Gary relayed in the second article was already in the one The Opinion had previously printed. Finally, we believed that the length oftime between the original article and the publication date ofan issue subsequent to the May issue (which would have knocked it into this, semester), made the article way beyond "moot" and into "redundant." Let me pay the obligatory homage to the concept of free speech, although I feel that it goes without saying that the first amendment is a large part of the reason why this country is one of the greatest in the world. Free speech is a great and noble concept. Unfortunately, it is also all too often a talisman, a rallying cry, used to inflamerighteous indignation inthe hearts of the masses, without any accompanying sense of exactly what it means in particular situations. At the risk of stretching the imagination to its limit, suppose that a UB publication (The Federalist Papers, for example), received submissions from every student in the law school. Unless they possessed unlimited resources, it would be folly to suppose that every article submitted would be published. Is this censorship? I have heard criticisms that the most recent issues ofTheOpinion contain too many editorials, and not enough news. If the editorial staff were to try to rectify this situation by limiting editorials and accepting only news articles, I think we would again hear the cry of censorship. My point is that there is a qualitative difference between substantive and procedural omissions. This is a reality in practice, but unfortunately a lost concept in theory, especially among those proselytizers whoare not subject to its limitations on a daily basis. The Dissent and the people involved with it have consistently made serious and concerted efforts to solicit articles from any and all students or faculty interested in voicing their opinions. Indeed, this isthe reason for its creation. We therefore take it very seriously when suggestions are made to the contrary. The Dissent has become an independent journal, not affiliated with any group, precisely for the purpose of avoiding the perception that it is politically slanted. The worst repercussion that could arise from Gary's accusations would be a feeling on the part of any element in this schoolthat it could not adequately be represented by this publication. I once again stress that this is not the case, and have personally made every effort to talk to any individuals who I perceived might have felt otherwise. Consistent with the aims of The Dissent. I reiterate that we invite any and all submissions and will do our best to provide a forum for open and vigorous debate at this law school. Finally, in the spiritof boundless good will, we would like to extend a special invitation to Gary. If he would like to submit a rebuttal to my editorial (and I feel certain this is the case), we will gladly offer up space for it in our next issue, accompanied by the gentle reminderthat we generallycan only afford torun an eightpage paper. Andrea Sammarco Second Year Law Student �GROUND ZERO Two Sad Tales of Justice Without Mercy Once upon a timethere was a woman named Delia Alaniz. She lived in Washington State with her four children and a husband named Roy. For seventeen years, Roy beat, raped, and psychologically abused Ms. Alaniz and her children. She tried toimprove her situation through all the legal channels: by running away, applying for police protection, and seeking help from shelters. But every attempt failed, until one day by Michael D. Gurwitz Layout Editor Roy told her that he would kill her and rape her children. Out of desperation, Ms. Alaniz paid a man $200 to kill Roy. On March 31,1987, the man shot Roy to death, and Delia Alaniz was arrested and charged with first degree murder. The judge who heard the case refused to allow as a defense the Battered Woman Syndrome. That defense can only be used when a woman kills the abuser in self-defense or an imminent attack. The judge did not consider the past seventeen years of battering that Roy inflicted on Ms. Alaniz and her children, nor his previous threat to kill her, as danger sufficient to trigger the Battered Woman Syndrome defense. He also did not care that she had tried all legal means to keep Roy away from her (and was beaten when those attempts failed), and that she acted out of desperation. Delia Alaniz plead guilty to second degree murder and was given 10 years in prison. Justice,according to the judge, had been served. After a series of protests by women's rights organizations and Hispanic groups, Delia Alaniz was granted clemency by Governor Booth Gardner and set free. She had already spent nearly two years in jail, in addition to the seven- AMERICA? THIS IS 6j teen years of abuse she had suffered at the hands of Roy. Let'sjumpacrossthecountry. In New Port Richey, Florida, Pamela Forney, a 26 year old part-time bartender who is single and two months pregnant, was recently sentenced to 60 days in jail for (ailing to pay a fine for a D.W.I, convic- tion in 1987. Ms. Forney asked for a 10 day postponement of her sentence so that she could have an abortion. She feared that she would not be able to get a safe abortion by the time she got out of jail, and explained that she was financially unable to care for a baby. Both the defense and prosecution agreed to the postponement, but not the judge. "Do you want a continuance so you can murder your baby, is that it?" squawked Judge Dan C. Rasmussen. He ignored Ms. Forney's pleas and the opinions of the attorneys, and sent her to jail. He did, however, offer Ms. Forney a way out of her dilemma: she could carry the baby to full term and then give it up for adoption. Thank you, Judge Rasmussen I'm sure you would do the same for your own daughter any — day. These two cases indicate a serious lack of mercy in our judicial system. The fact that the defendants in both cases are women, and not men, may or may not be significant I can't say for certain. But I do know that in both cases, the judges opted to impose the harshest punishments against the defendants, when more compassion for theirplights was in order. In the Delia Alaniz case, I think that most people would agree that Ms. Alaniz had suffered enough as a battered woman, without also having to go to jail. In fact, I think that most people, despite our system of justice in this country, would applaude Ms. Alaniz' actions. I do. Roy was a bastard, and mental — illness be damned. While death maybe was too harsh a punishment (no comment), he at least deserved to have the stuffing beat out of him. Ms. Alaniz, however, did not have that option. She was a woman trapped in a nightmare. Imagine being beaten by the same person for seventeen years, all the time going to the courts and the police for help, and receiving none. Then imagine, after seeing how there was no one at all to help you, that your tormentor vowed to kill you andrape your children. Would you not be pushed to the ultimate act of desperation? The judge in the Alaniz case would not accept the Battered Woman Syndrome defense, because Ms. Alaniz was not being beaten, or in imminent threat of being beaten, at the time Roy was destroyed. In other words, it would have been better for Roy to have been in the process of beating Ms. Alaniz yet again when she killed him. Such legal reason- ing might satisfy those whose lives are lived in law books, but the rest of us live in the real world. Our lives are not abstractions to be placed neatly into artificially made laws and punishments. If a judge cannot evaluatethetotal picture and act accordingly, that judge should hang up their robe and get a new job. Fortunately for Ms. Alvaniz, the Gov- ernor granted clemency. But how many other Delia Alaniz's are there rotting in jail because they acted in desperation, but desperation was discounted when their case was reviewed? I do not know the answer, but the legal community must examine this question. Papillion was sent to Devil's Island for stealing a loaf of bread to feed his hungry family. Justice? Back to Florida. As the recent legislative battles showed, Florida is still a state wherein women have reproductive freedom. Pamela Forney wanted to exercise this freedom by having an abortion before she went to jail. She decided that under her present circumstances, having a baby was a bad idea. Unfortunately, Ms. Forney's judge is the kind ofman who puts the rights of an undeveloped human being before the rights of a fully developed, walking, talking woman. Go ahead, he said, carry your baby for seven more months and then give it away. Whatsa matter, you don't like the idea of giving your child away for adoption? Too bad, for I'd rather see you give birth and lose the baby, rather than have an abortion. I know what's best. Judge Rasmussen can go to hell. A single, partially employed woman is about to go to jailfor two months. This time lag can make the difference between a safe abortion and a risky abortion. What difference would an extraten days make as far as Ms. Forney's suffer- ing her punishment? None! The judge iscompounding her punishment byforcing her to give birth against her will. As with the Alaniz case, he is adding punishment to punishment. Mercy does not enter into the equation. As future lawyers, and maybe future judges, it is our responsibility to see that justice is done. Just because someone commits Crime A, it does not mean that they must suffer Punishment B. Laws are words made of ink and stamped onto paper. Humans are much more complex. X is essential to keep in mind the flesh and blood subjects ofthe cases we read, and to consider our own weaknesses. It is also essential that we do not wield our newfound power with an iron fist. Unless mercy is factored into ourwork, there will be injustice, and that is, of course, intolerable. Editor's Note: This editorial was originally printed in Volume 30, Number 7 of TheOpinion.(ll/8/89). �National Law Student Campaign Takes Aim At Legal Crisis by Hans Tirpak I would like to take a few moments to explain a situation that has resulted in a clash between my morality and my sense of reason. Please take the time to read thisarticle carefully because it can easily be misinterpreted. Most people's views on issues related to racism, particularly the issue of evidence ofracial discrimination, are rooted in notions that stem from the basic issue of genetics versus environment with respect to the development of intelligence. People on the political left generally believe that genetics plays no role in the development of intelligence, that all people at conception have equal intellectual potential, and that any ascertainable differences in intellectualability are the result of environmental factors such as nutrition and education. These leftists generally expand on these beliefs to the point where they honestly believe that situations where money, jobs, or other social goods are not distributed proportionately amongst the races are prima facie evidence of racial discrimination. Many also believe that racial quotas are the only way to prevent future racial discrimination and to remedy past discrimination. Moderate opponents of this kind of thinking generally believe that genetics play at least some role in the development of intelligence, that all people at conception do not necessarily have equar intellectual potential, and that environmental factors are responsible for most, but not all, ascertainable differences in intelligence. These people generally expand on these beliefs to the point where they honestly believe that, although environmental factors and genetic variation within each race make incorrect the notion that all people ofone race are more orless intelligent than all people ofanother race, it may be fair to say that people of a particular race will be slightly more orless likely to develop intellectually in any given environment due to genetic advantages or disadvantages. These people generally believe that situations where money, jobs, or other social goods are not distributed proportionately amongst the races may be evidence of racial discrimination, socio-economic disparities between races causing people of one or more races to excel intellectually and/or economically, genetic intellectual endowments being more common in some races than others, orany combination of the three. Many of these people believe that if there were no racial discrimination, then money, jobs, or social goods would probably not be distributed proportionately amongst the races anyway, so the concept of racial quotas is based on an entirely false premise and would, in application, lead to even more racial discrimination. I believe that racism is an evil and as a result, t am faced with a perplexing intellectual dilemma. I want to agree withthe leftist viewpoint and believe that all people at birth or concept ion have the same potential for intellectual development, but I cannot deny the reality that genetics plays somerole in the development of intelligence. This reality is hard to accept, but it is true. The existence of genetic causes of mental retardation, and the existence of near human species such as the chimpanzee that possess some level of intelligence not quite reaching that of the average hu man, are both evidence of genetics' role in the development of intelligence. How much of a role genetics plays is not presently determinable. But, even if it turns out that genetics plays only a minimal role in the development of intelligence, as the above reality compels me to believe, it still holds that the beliefs held by the moderate opponents of the leftists are correct. I know that this country has an extensive history of discrimination against minorities, and I can understand the desire for a quota system because it appears to be a way of preventing future discrimination and undoing the effects of past discrimination, but, in the quest for this restitution called racial justice, all people must be prepared to deal with a dangerous ax held by both moderate and radical opponents ofthe leftist viewpoint. This ax isthe nondisprovability of the notion that the success or failure of different racial groups in incorporating Kenyatta: Domestic Violence: from page 1 from page 1 for battered women at New York University,and decided to get one started up at ÜB. Through the efforts of Ms. Eisen and Catherine Cerulli, the Task Force has arranged to work with Neighborhood Legal Services, the Volunteer Lawyer's Guild, the Women's Bar Association, and the Erie County Bar Association to make the program a success. The first speaker was Luella Clyburn from Haven House, a shelter for battered women and children. Ms. Clyburn, a social worker, began with the definition of domestic violence. She explained that the term includes, but is not limited to, physical assaults, psychological oremotional battering, forced sexual activity, and economic control. Without intervention, domestic violence does not stop, and tends to get worse. Haven House serves to provide the first step on the road away from abuse. Ms. Clyburn gave the history of Haven House, and explained how it operates. Part of Child and Family Services, thefirst shelter was established in 1979. The women helped by Haven House come from either police referrals or through the twenty-four hourcounselormanned hotline. Once in the hands of Haven House, the victims of domestic violence have a chance to mentally regroup in a safe place. An individual counselor is assigned to the womanas she works on a plan for her future. A typical stay at Haven House can last between two to ninety days, with the possibility of a thirty day extension. As part of her contract with the shelter, the woman is required to seek housing. With a program called CHIPS, Haven House helps children by allowing them to express theirangerthrough drawings and playing withclay. There are teachers on the site to eliminate the risk of child abduction. Through the Outreach and Advocacy Program, ofwhich Ms. Clyburn is a part, Haven House continues the counseling to aid the transition from the abusive environment. Using support groups and counseling, it aids women in dealing the law says so, but you do change the law." The audience participation segment of the debate was extremely spirited, w it h nu merou st nought-provoking questions being discussed. Most interesting was a question by an audience member which asked Cox to give his reasons for present application ofthe deathpenalty, and Kenyatta why the death penalty is unconstitutional based on the intent of the framers. Cox stated, "Lincoln would say 'read Macßeth for the proper treatment of death.'" Kenyatta gave two argumentsregarding original intent. First, he stated that there is an argument to be made for the death penalty being "cruel and unusual punishment." Further, he saidthe death penalty discriminates soagainst the poor because there is no due process. THE PASSWORD: lIS Srvenlh Avenue Suilt 62 v-» York. N.Y. 10001 212H9V3696 <M6)542-1030 914)684-080' (201)623-3363 •AX (212)643-9460 6 20 Park Plaza. Suite 931 Boston, MA 02116 (6P)695-99« (203)724-3910 FAX: (6f)695-9386 Tuesday November 20,1990 • The Opinion with their feelings. The goal is tocreate a positive atmosphere to make the women feel good about themselves. Ms. Clyburn stressed that Haven House provides emotional support for its clients, and is a "hand holding" guide through the legal system, it does not provide outright legal advice; it offers options, but not directions. Ms. Clyburn described the process the afflicted woman must go through with the legal system. The entire proce- "...some cultures treat violence against women as an expected part of life." dure can be difficult for the woman as she tries to btain protection. Authority figures such as judges can be intimidating for someone so used to taking a submissive role. Additional hurdlesarise with police enforcement of Orders of Protection. Police attitudes toward domestic situations can hinder their actions. For example, the police prefer spousal reconciliation rather than arrest. Ms. Clyburn also feels women's needs are not well addressed by the Criminal Courts which try to arbitrate the issue before issuing an Orderof Protection. The second presentation was by Joseline Pena, a third year law student who used to work for Haven House. Ms. Pena spoke on the link between cultural into and excelling in society may be partially attributable to differing occurrences of genetically based intellectual endowments within people of each racial group. In situations where people of one race are succeeding better than people of another race, be it whites excelling in Selma schools, or Asians excelling in American universities, opponens of the leftist viewpoint can lash out with their ax by saying that these situations may be the result of racial discrimination or differingenvironments, but may be the result of genetically based intellectual endowments being more or less common in the different racial groups. Until it can be proven scientificallythat genetics' role in the development of intelligence is entirely negligible, there will be no intellectual shield to defend against the intellectual ax wielded by the leftist's opponents. This lack of intellectual shield is the reason why I am faced with my intellectual dilemma, and why leftists, when confronted with their opponent's ax, sometimes resort either to emotional pleas or the argumentatively invalid tactic of attacking the speaker instead of the idea. I am always open to new ideas, and I would sincerely like to see the leftist viewpoint proven correct. As a means of accomplishing this, I welcome any correspondence by mail that does not attack me personally, and that helps to broaden myunderstanding ofthis issue. traditions and domestic violence. To illustrateher message, Ms. Pena played a song in Spanish. Noting the bouncy and happy rhythm, she translated the lyrics. A man was singing that if a woman did not go with a man, he could hit her. The demonstration ably pointed out that some cultures treat violence against women as an expected part of life. The men are ruled by machismo, and have well defined expectations of their women. If a woman is not a virgin upon marriage, shecan be "returned"to herfamily. She should keep a clean house and have children; any failures in those areas justify abuse. Ms. Pena read the true story of a woman, Pilar, currently living in an abusive relationship. She told of the fearand control the husband, Manuel, maintains over the family. She explained that a woman stays in such a relationship because she is economically dependent and emotionally attached to the husband. She still loves the man, but not the abuse. Ms. Pena currently works with La Casa, an organization helping refugees from various cultures flee to Canada. In her experience, she found that one must be careful not to be judgmental. Originally hailing fromthe Dominican Republic, she has herself become "Americanized," and questioned how women can hold onto cultural values which keep themdown. In closing, Ms. Pena read a Spanish poem thatvividly describedthe low value that can be placed on women. Despite the high rate of return to Haven House, the program continues to try to meet the women's needs. Ms. Clyburn, a former battered woman, proves success can come from the program. Haven House seeks volunteers to man the hotline and accepts donations. One oftheir ultimate goalsis to have a legal advocate at the shelter, which currently serves thirty-six women. In the future, the Domestic Violence Task Force plans to show a film, and hopefully have a Family Court judge speak on the issue �The Politics of Hostages LItaliTnhe oafer: byjofin 'B. Liciua 'Jallures'Editor He walked into my office looking like he had just gonefifteen rounds withthe Rule Against Perpetuities. Therewasn't much to him and what was there gave me the willies. His skin was stretched tight around a gaunt frame giving the impression that he was the blue light special in the hospital nursery. His shoes squeaked when he crossed the room to collapse into the wooden chair opposite my desk and his voice sounded no better than his shoes. "Are you the Loafer?" I pointed to the neat lettering on my doorand told him that I'd read it aloud to him if he was having toruble with his eyes. "You're the Loafer alright. I want your help," he talked as he fished through his pockets. 'There's this memo I've got to write and I think I'm in over my head. I have no profile on the professor, so I don't know how to write to get the best grade." His pained expression turnedto relief when he pulled out an envelope from his breast pocket. "How much for your help?" I asked him his name. 'Teddy Kennedy Milhouse." I asked him if he had ever heard of the Code of Professional Responsibility, ethics, or plain old fashioned morality. "Not really." Good. I took the money and asked what I could doto help a fellow human in trouble. "I want you to write a memo about what law school is all about." He got up wearing a smug smile since I had already accepted his offer. It was obvious he was keeping up with his assignments in contracts. I counted the money as he walked out of my office. He had paid for three solid days of investigation and regardless of his odiousair he was going to get his moneys worth. Unless, of course, I could whip off a good memo tonight then I'd have two day worth of easy living and Teddy would be none the wiser. I placed a call to Claudette Glaviano, a woman who could tell me everything about anybody doing anything. The only problem was she had trouble with names. Asthings turned out, her housemate was having a case of the fugglies and Claudettewas heading out the door to get some lard for some cookies baked from scratch. I didn't argue with her since I didn't understand what she was talking about. I did suggest substituting butter for lard before I hung up the phone. Things took a turn for the worse as informant afterinformantcouldn'tgive me a handle on the whole law school thing. It gradually became very clear that I would have to head to the last place I wanted to be: the law library. It was a noisy place with the change machine cranking out quarters, the phones incessantly ringing, a line of chatty people waiting for the sole working copier and a crowd of miscreants sitting ona bench outside the front door arguing politics. After a couple questions to the friendly librarian I was taking an anemic elevator to the seventh floor to find some books on the law school experience. The elevator opened into a deserted hallway filled with dustybooks and empty chairs. A fitting repository for the meaning of law school to be: in the idle attic of academic pursuits. I made my way to the back of the stacks as the librarian had suggested. On the floor of the last row was a sleeping bearded man clutching a book that looked like one of those ponderous texts that yuppies stick on their coffee Adventursof a Legal Gumshoe tables for people to look at and never read. He was in the fetal position so I in'rtally mistook him for Jim Bakker, but I quickly ruled that out. This guy wasn't wearing a Rolex. I quietly woke him up by dropping a book on the floor. As his head darted up I could see moss growing on the north side of his body. "Who are you?" he asked in a quavering voice. I told him who I was andasked him the same thing. "Lucas McFadden, one-l at UBLaw. I must have fallen asleep..." his voice trailed off as he tried to gather his bearings. I grabbed his very wide polyester lapels and helped him to an upright sitting position. He smelled like a forgotten book in a damp cellar. On a hunch asked him when he was graduating. "Class of 77. I must have overslept. What time is it?" I replied that he had been asleep for fourteen years. After I roused him once more we discussed what he had been doing on the seventh floor. "I wanted to find the meaning of law school. It wasn't in the text books, it wasn't coming from the plrofessors, and the CDO didn't have time for me. I figured it had to be in the library. This book seemed like ithad all theanswers," his eyes had a sense of regret as he stared beyond the walls but failed to finish his thought. He changed gears on me by saying "I hope my gradesfrom the Fall 75 semester are available." I responded that they were expected this February. I needed to get him onto my topic since late grading wasn't part of the memo. Had he found the meaning oflaw school, the veritable Holy Grail of one-l existence? "Don't wax poetic on me. I have endured the rigors of first semester examinations, the torment of rambling ineffective lectures and the distress of futile study groups. I have survived a self-imposed cloistral life to absorb the essence of the law through an ascetic existence. My rewards are threadbare remnants and ghostly measures of the extent of my sacrifice. I lived for the law and in so doing my life has been truncated by years measured as a fortnight," his rhetoric was on fire as he regained strength. He was definitely court room material. My simple reply was that life has never been fully reduced to ink and paper. It is not to be found in dusty pages telling of deeds of men and women long returned to dust themselves. Intellectual existence is asserted by initiating a clinic at the school, sponsoring a debateamong polemic views, attending a lecture by one of the many guest speakers or just becoming friends with someone who doesn't look likethe people in your neighborhood. "Sentimentality is fcr suckers, there is no profit in living nostalgia," he was wide awake and used that momentto scurry out of the aisle and down the hall thw wholetime ranting about the importance of the black letter law and income generating study habits. I left the library thinking about Lucas McFadden. The quickly setting winter sungaveits last full measurefortheday before winking below the horizon. On the drive back to my office I was able I wrote the memo that night and included someflyers thathad been stuffed into my mailbox as an ersatz appendix. Perhaps law school is just like life: a series of events we must attend or else simply watch the whole thing pass usby. States, a family will grieve over their loss. Patriotic breast-beating won't by Darryl McPherson Staff Writer Just how much is one life worth? Are there certain things that are more important than human beings? Are some people more valuable than others? I raise these questions because as the Middle East crisis rages on, I've given a lot of thought to these considerations. Whether it's soldiers or hostages, there are lives perched precariously on the edge of disaster. A war hasn't broken out yet, but the sky certainly looks dark. In war, people die. That's a simple,but tragiccertainty. America has thousands of soldiers in Saudi Arabia, wondering if they're peering into the maw of death, and hostages wondering the same thing. Unless Saddam Hussein pulls out of Kuwait, there seems to be no bloodless solution. Both America and Iraq are ruled by political pride, which only serves tocomplicate and possibly extend the conflict into war. This makes me wonder if there's no other way out of this, can we find a way to lessen the probable dead? Rhetoric calls a murdered hostage an innocent combatant, but that doesn't bring the person back. It bothers me that no one would complain if we went to war over murdered hostages. Forgive me for being crude, but if a war breaks out, the hostages are dead anyway. Now I ask, is itworth the lives of untold thousands of soliders forthecomparatively few hostages? Why is the idea of a dead hostage so abhorrent to President Bush that he'd let thousands of other lives go down with it? It may sound cruel, but wouldn't it be better to sacrifice the hostages than allow a blood bath to follow? The point can be made that the soldiers knew the sacrifices they may be called upon to make, and no one ever expects to be made a hostage, but now the issue of life's value can be raised. The reason the Middle East Crisis has lasted so long is because the U.S. wantsto find a peaceful resolution. But once lives are lost, is there no obligation to mitigate the damages? I get the feeling soldiers are viewed as adisposable resource, especially considering how many we have over there. Rhetoric calls a murdered hostage an innocent combatant, but that doesn't bring the person back. When you're dead, it doesn't matter if you're a child, a woman, a business person, or an ArmyPrivate. Somewhere inthe United make it hurt any less. To answer cold blooded murder with a "justifiable" war is senseless. How many Americans have to die before we realize that a battlefield provides no solutions? I'm not saying Iraq should go unpunished for its crimes, nor am I ruling out force as an option. I just don't think spilling the blood of many for the blood of a few adds up. It may seem more equal when you throw in things like "protecting democracy" and "economic interests," but that only serves to cloud the issue. Kuwait is NOT America, and democracy is limited to a privileged few. America's dependence on foreign oil isn't sufficient reason to die when alternatives are available if we simply put our minds to it. If American soldiers have to die abroad, it should be in the course of protecting a majority of Americans, either preemptively or defensively. Unless Saddam Hussein is dangerously close to having nuclear weapons, America has little to fear from him, and we shouldn't be involved. Talk of hostages reminds me ofTerry Anderson, who has been held in another part ofthe Middle East for solong he probably doesn't even know who Dan Quayle is. The man isboth a living bargaining chip and a symbol. As long as he lives, he serves as leverage for his captors. However, every day he stays, his value decreases as it becomes apparent that America isn't moving heaven and earth to secure his release. Yet itwas the plight of Anderson and those similarly afflicted that served as an excuse for the Iran/Contra-arms for hostages deal, so the hostage takers may feel he has some value to them. I now questionthe value of Anderson's life balanced against the interests of the American people. Anderson was working as a reporter for one of the wire services when he was taken. I expect hefelt his safety wasn't as important as informing the American public as to what was happening in the MiddleEast. Otherwise, he would have left once the situation started to deteriorate. But look at what his bravery has cost us. The strength of America can be cast into doubt when a hostage is taken and seemingly nothing can be done to get him back. This in turn affects national pride as all Americans can do is sit back and watch helplessly. Sometimes I feel journalists have an inflated sense oftheirimportance. As much as I value a free press, that right is limited to the borders of this country. I can understand the government going allout to secure the release of its employees abroad, but when private citizens risktheir own lives, they're compromising the entire country. I don't think the prestige of a Pulitzer compares with the grief Americans have had to put up with. But that raises the question, do we let an intangible item like national pride weigh more than a hostage's life? America's policy is to not negotiate with hostage takers on the theory that negotiation implies that taking hostages works. Since neither the policy nor hostage-taking seem to work, I'd say both fail. When foreign policy breaks down into a conflict, there can be no innocents, and America's only obligation is to win. Whether you signed on into the military or not is irrelevant. The focus becomes whether you can get out of the situation alive, and chances are you won't have any control over the situation anyway. That truth is the same for both the hostages and the soldiers in the Middle East. Tuesday, November 20,1990 • The Opinion 7 �sadfsdfsd The Docket Have You Gotten All Your Shots??? What: If you haven't yet been immunized for measles, mumps, or rubella, and you were born after January 1,1957, you'd better get your" butt" to University Health Service, fast!! Statelaw now requires all post-secondary students to show immunization protection against these diseases, due to significant health risks associated with the college When: Where: Lowdoum: atmosphere. In order to attend class this spring, all full-time, first and second year students at the University musthave immunization documentation onfile at University Health Service. As of August, 1991,all other students will have to comply with the law. Forms, previously sent to all students, must be completed and returned to the University, ifyou have not already provided this information. You should make every effort to obtain the data from your personalphysician,previous schoolrecords, orparents and guardians. Should additional immunizations be required, it is strongly urged that you obtain them from your community health care provider or county health department clinics. Required immunizations are also available on a limited basis (appointment only) from University Health Service (831-3316). Failure to comply with this requirement will prevent you from registering for futuresemestersat the University. Since all students bornafter January 1,1957 will need to have immunization records on file by next August, all students are urged to comply now with the state law toavoid futureregistration difficulties. Additional immunization forms can be obtained from University Health Service you have not if already received one in the mail. PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM - This year's program will be held on Thursday, February 21, and Friday,February 22,1991. The Symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. Munoz Con't. from page 3 Guatemala in thirty-two years. The arri- val of the civilian president "presented an alternative to the Guatemalanpeople, an alternative beyond military rule," according to Munos. "But, during his term as president, Arevalo has demonstrated complicity with the Guatemalan army and the traditional groups in power." Munoz does not see much hope for any democratic change occuring as a result of the elections scheduled for November 11th of this year. As evidence ofthe candidates' lack of interest in social change, Munoz points to the Guatemalanpopular movement's request that the candidates address the serious social problems affecting the Guatemalan people. The movement has asked that these candidates present their ideas of mechanisms that will resolve these problems. "As of now, none of the candidates have done this." This," according to Munoz, "can be interpreted to mean that they want to propogate the system that is in place now." The only efforts being made to solve the serious social problems in Guatemala are being made by the democratic and progressive sectors of the Country. These groups, including student groups, labor unions,and the armed insurgents, are searching for ways to find national recognition of the social crisis that is plaguing Gauatemala. Their means is to implement programs of dialogue and recognition. j__ 1 8 n Munoz sees some hope in these efforts. "In the last few days some very important steps were taken, such as a meeting between the various sectors of Guatemalan society and the armed insurgents." These talks are bringing together the various groups that represent the interests of the vast majority of Guatemalans. These interests areone's that the military and the current groups in power have chosen to ignore and, in fact, exacerbate. "The traditional groups in power in Guatemala want to keep the majority of the population in extreme poverty through super-exploitation. This has brought the country to political and economic deterioration." Munoz explained further that the armed conflict that is a reaction to the deplorable social conditions have provoked even greater loss of lives. The United States has been a consistent supporter of the military government in Guatemala, giving over 120 million dollars in "aid" this year. The U.S. has given over 400 million dollars since 1988. What can Americans do to help? According to Munoz, the most important thing is to become conscious of what is happening in Guatemala and Central America. Munoz concluded, This is what we expect of you." T Tuesday November 20,1990 • The Opinion What: When: Where: Lecture by Dr. Mia Boynton on Women Steelworkers in Buffalo. Tuesday, 11/20, from 4:00 to 6:00 pm. 104 Parker Hall. Part of a series sponsored by The Graduate Group on Industrial Heritage Policy, entitled "Women's Voices and Women's Testimonies in the Industrial Context: at Home and at Work." THANKSGIVING VACATION (HURRAY!!) Wednesday, 11/21 Sunday, 11/25. At your parent's house, your apartment, your villa on the Riveria, etc... An opportunity to a) become really paranoid about the amount of work you're faced with, b) relax, sleep late, watch TheFlintstones, and eat enormous amounts of food, - Lowdown: or c) some combination of a) and b). What: When: Where: CDO Summer Job Presentation. Wednesday, 11/28 @ 8:30 am. Room 106, CBrian Hall. What When: AWLS Clothing Drive. Wednesday and Thursday, 11/28&11/29. from 9:00 am. to noon. In front of the law library. Clothing is needed for men, womenand children, and will go to Friends ofthe Night and Haven House. Where: Lowdovm: What When: Where. CDO Resume Writing Session. Thursday, 11/29 @3:30 pm. Room 108, CBrian Hall. What: When: LASA Clothing and Canned Food Drive. Every day, Monday Wednesday, and Friday, 11:00-l:00 pm./ Tuesday, Thursday, 9:00-1:00 pm. Student Activity Center 120-G. All donations go to benefit low-income families. Where: Lowdown: , Haven House Con !. from page 1 ment becomes the next problem. The police are often reluctant to interfere. They choose to reconcile the parties rather than arrest the abuser. Clyburn would like to see a mandatory arrest policy for abusers who violate the order. She urges women to "use the power of the Order." By allowing the abuser into the home, a woman sacrifices her own credibility. With increased awareness and education, Clyburn hopes to see changes in the future. When the community learns thatlives are at stake, victims' needs will be addressed. A former battered woman herself, Clyburn encourages citizens to empathize with battered women, not judge them. They love the abuser, not the abuse," Clyburn stated. Following Clyburn's presentation, JoselinePena spoke on her experience at Haven House, where she interned for a yearbefore attending law school. Pena discussed the coming together of different cultures at the home. Because of ; i different societal values, woman often feel that they deserve the abuse they receive. Pena stressed that women as wellas men must give women the value they deserve. "Women are not secondclass citizens." The goal of Haven House is to stop the abuse, not break up families," said Pena, "although theabusers feel that's what weare doing." Pena believes that in assimilating to American society, immigrants must be informed of the rights of all people, men and women alike. Like Clyburn, Pena feels that change is coming. Haven House is interested in volunteer legal services from the University at Buffalo Law School. Although the location of Haven House is confidential,a Hotline number isavailable. Donations of new toys or seasonal clothes for Christmas are also being accepted. If interested, please contact the Domes- tic Violence Task Force. The Deadline for the next issue of The Opinion is November 26th at s:oopm Please submit articles to box 677 or 808. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/37af28278fab25cc02de2bf18a91a5cb.pdf 4f03000d57bd10873df3130d75cca130 PDF Text Text THEOPINION Volume 31, N0.9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Februarys,l99l Symposium, Award Ceremony to be held next month By Ilene Fleischmann Executive Director UB Law Alumni Association A panel of legal experts will discuss the impact that the expansion of criminal law is having on other areas of the law, such as banking, employment relationships, property rights, civil rights, evidence and environmental law, at the 15th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 2, at the Center For Tomorrow on the UB North (Amherst) campus. At a luncheon at 12:15 p.m., immediately following the convocation, Hon. M. Dolores Denman, Associate Justice of the Appellate Division of State Supreme Court, Fourth Department, will receive the Jaeckle Award for 1991. Named for UB alumnus Edwin F. Jaeckle, Class of 1915, the award isthe highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and to the legal profession. Past recipients include Hon. John T. Curtin, Manly Fleischmann and Hon. Michael F. Dillon. According to Anthony J. Colucci, Jr., president of theLaw AlumniAssociation, Justice Denman was selected because "She has excelled as a lawyer and judge in both trialand appellate courts at every level. Named by Gov. Cuomo in 1983 as the first woman in the state to be given permanent status in the Appellate Division, she is widely known as a hardworking justice who can quickly identify problems and issues. Her opinions, written with precision and clarity, reflect a broad understanding of the law and the ability to enunciate its logical progression, from one concept to another. Hailed for her scholarship, she is noted as well for her compassion." Hon. M. Dolores Denman This year's convocation will explore how the expansion of criminal law requiresthatwe reshape the ways inwhich we thinkabout and protect rights. Prosecutors, defense attorneys, a judge and a law professorwill discuss issuesrelated to these changes in the law. Dianne Avery, a law professor, and Paul J. Suozzi, of Hurwitz & Fine, P.C., serve as co-chairs of the convocation committee. Mark J. Mahoney, criminal defense attorney for Bermingham, Cook & Mahoney, P.C., and president of the New York State Association of Criminal Defense Lawyers, will present the issues and speakers. In addition, panelists and topics are: Sheila A. DiTullio, assistant district attorney and chief of the Grand Jury Bureau in the office of Erie County district attorney Kevin M. Dillon, will discuss "Prosecuting State Crimes." Her topics include the grand jury and its role in the criminal justice system; obtaining immunity and advising the nontarget witness; the media, the grand jury, and the community; and criminal prosecution of environmental and workplace hazards. Joel I. Daniels, a criminal defense attorney, will discuss 'The Defense Attorney's Perspective." He will cover entrapment; insanity pleas and psychiatrictestimony; and preparing expert psychiatric witnesses: impeachment concerns. Hon. Joseph P. McCarthy, Erie County Court judge, will discuss 'The Role of Judicial Discretion." Among his topics are jury selection: challenging the preemptory challenge; evolving evidentiary issues: from preclusion to inclusion, from corroboration to validation, expert opinion testimony/eyewitness identification; and legislative restrictions of judicial discretion in plea agreements and sentencing. Kathleen M. Mehltretter, assistant U.S. Attorney, who is chief of the criminal division in the office of U.S. Attorney Dennis C. Vacco, will speak on "Prosecuting Federal Crims." Her topics include parallel civil and criminal proceedings; prosecution of SEC fraud; federal forfeiture statutes: bank fraud, money laundering, the innocent coowner; inspections by administrative agencies: FDA, EPA, DOL. Charles E. Carr, an associate professor of law, will explore 'The Impact of Criminal Law on the Community." He will discuss the erosion of Fourth Amendment rights; changing perceptions of rights by citizens; and the use and misuse of criminal law and procedures to solve social problems. An extended panel discussion and question and answer period will follow. The Law Alumni Association has invited all law students to attend the morning program free of charge. Students must sign up by February 22 in the alumni office (320 O'Brian Hall) so that adequate written materials and breakfasts can be prepared. Those students who want to stay for lunch and the presentation of the Jaeckle Award are also invited to sign up in the alumni officefor a lawf inn "scholarship." Many area law firms buy talbes and often have places available for law students. For non-students, the fee is $35 for 1990-91 UB Law Alumni Association members who have paid their annual dues and $45 for all others. The fee includes program, Continental breakfast and lunch. Even if you cannot attend, please consider sponsoring a law student. Firm tables for eight are available for $320. Please make checks payable to the UBLaw Alumni Association and mail to: UB Law School Alumni Office, 320 John Lord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. SBA Debates Future Funding of SASU By Darryl McPherson Staff Reporter On Wednesday, January 30, the Student Bar Association voted to release funds it froze the previous week. The SBA held off disbursing funds to the Student Association of the State Universoty, pending answers to questions raised by SBA Directors at the January 23rd meeting. That resolution came down in a 12-6-1 vote. The SBA provides nearly $2,000 to SASU, and has not yet paid for this semester. The action was prompted by the appearance of the new SASU campus organizer, Ardeshirk before the SBA on January 23rd. He came to introduce himself, and to request that SBA designate a new liaison to SASU. Mark Steiner, the elected SASU delegate for the law school, allegedly neverappeared before the SASU Board nor dealt with SASU in any way. In an unrelated event, both third year directors Steiner and Lenny Cooper were dismissed from the SBA at the meeting due to excessive absenteeism. SASU is a lobbying organization stationed in Albany to advocate for student rights. Many have felt of late that SASU has done a poor job in representing the students' real interests. The SBA felt it would be prudent to get some answers regarding SASU's effectiveness and spending habits. Specifically, the SBA wanted to know: -why SASU did not take an active stance against the cuts in financial aid, -why SASU did not pursue legal action against the state in response, -why they did nothing to stop the $50 transportation fee, and -why SASU delegates were sent to a Young Communists League conference, along with other basic concerns regarding SASU's student caucuses. Third year director John Wiencek passionately displayed his dissatisfaction with SASU. Ironically, Wienciek plannedto raise his concerns overSASU at the meeting before he knew of Ardeshir's visit. He contends that the organization is too concerned with pursuing its own social and political agenda. Alleged SASU involvement in political conferences, and the spelling of woman as "womyn" in all internal communications were cited as examples of how SASU has fallen off course. The SASU organizerfor UB could not answer the questions to the SBA's satisfaction, prompting the call for an executive within SASU to address these concerns before the SBA. 'The resolu- tion was meantto senda strong signal to the SASU leadership that unless SASU starts acting responsibly by representing us, they may well lose their law school funding," said second year director Marc Hirschfield. A referendum would have to be passed by the SBA, followed by a majority vote of the student body calling for the elimination of SASU funding. UB Law School is the only graduate school with a seat on the SASU Board. Though the point can be made that the Law Schoold was inadequately represented by the uninvolvement of Mark Steiner, the SBA finds its objections rooted in problems that affect the entire university community. The effectiveness of SASU has been questioned before. Last semester, the Student Association for the undergraduates cut SASU funding. Kelly Sahner, president of the SA, upon learning ofthe SBA's action said, "That's wonderful." She went on to describe other SASU deficiencies, alleging that they showed little concern for the Graduate Student Union effort, they spend money on striking Hormel workers, and paid the former SASU campus organizer for UB $14,000 "for doing nothing." Sahner feels they are not organized, and do not know how to budget money. "SASU is not worth it," she stated. An anti-SASU campaign is mounting, with ex-SA presidents providing information on the uselessness of SASU. In 1987, the UB undergraduates had SASU's funding cut until 1988, when SASU demonstrated that the organization could properly do the job. Daryl CONTINUED ON PG. 4 HIGHLIGHTS - It's almost Valentine's Day Salute your Persian Gulf Chr0n010gy...................pg. 3 Student Wins Superbowl Tickets pg. 9 The Opinion Recruitment pg. 10 �!jj Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? Im 7 & offer d Qn oTreceipt (Mail Box Rule)? |$ an I T/T — mw\ m L_L_/ 'p/r E—JT_A_iTJ e4«e£W£W The Nation's largest and most personalized bar review .„ Can you be conv cted of arson if you burn down your own house? ' BAR/BRl's Q& A Clinic ™ utilizes more than 35 attorneys, available to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. 112-594-3696 516-542-lOSO 101-613-3363 914-«84-O8©J «IJ-«95-9955 103-714-3910 Two Law Student Arrested During Anti-War Protest By Andrea Sammarco News Editor UB law students took part in an antiwar protest Thursday, January 17, and two law students were arrested at the protest on charges of disorderly conduct. The students turned out to add their voices to the throng of approximately 500demonstratorswhichfilledLafayette Square. The protest mirrored dozens of others across the country, in response to the current situation in the Gulf. Carrying signs which read "no blood for oil", and "it's arab soil/ it's arab oil/ peace in the Middle East (including Palestine)", the protesters were met by 20 counterdemonstrators who occupied the outer edge of the square. The arrests of Nathaniel Charny3L) and Dean Hanley(2L) occurred late in the protest. After Hanley attempted to set a small U.S. flag on fire on the steps of the Soldiers and Sailors Monument in the center of the square, Detective Dominic Pace of the Intelligence Unit intervened and took the flag away from him. No counterdemonstrators noticed the incident or interfered when Hanley put a lighter to the flag. When Hanley attempted to retrieve the flag, he was grabbed around the neck by Detective Brian Miller, (also of the Intelligence Unit) who began to drag him in the direction of waiting police officers. Neither Pace nor Miller wore uniforms, and sources prese ntat the arrest have stated that "none of us knew they were police officers." As Hanley was being dragged away by Miller, another law student (who does not wish to be identified) grabbed at Miller in an attempt to free Hanley from "getting the shit kicked out of him by a redneck", assuming that Miller was a 2 counterdemonstrator. At the same time Charny interposed himself between Hanley and Miller and the other officers. Miller accused Charny of hitting him on the back and pushing him aside, and both students were subsequently arrested. Tuesday, February 5,1991 • The Opinion Both students were taken to Police Headquarters, followed by approximatelyfifteen demonstrators wishing to assist Hanley and Charny. Their cases will be handled separately, according to Hanley. The Charles Revson Foundation has announced the availability of Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of $3,250 are availble for first and second year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitan area. The 1991 LSPIN Fellowship Program is being administered by the RootTilden-Snow Program at New York University School of Law. Up to 50 grants will be made to students working full time for ten weeks during the summer of 1991. Applications and more detailed guidelines have been forwarded to both the Dean's office and the Placement Office. LSPIN encourages all interested students to apply. Deadline for applications is Tuesday, March 12,1991. ATTENTION ! IMPORTANT S B A ANNOUNCEMENTS 1) The Student Bar Association (SBA) is sponsoring a Blood Drive on February 11th and 12th. You can give blood in the First floor lounge between 10 a.m. and 4 p.m. Blood type (+/ -) is especially needed. 2) Two 3rd year director positions on the SBA Board have opened up. Elections for nese two positions will take place on February 4 and sth. ouside of the library, from 9 a.m. till 5 p.m. Onlythirdyearstudentscanvote. Please bring your I.D. BOfIESH RHH IHBH jBJBEBiE >/wJ^ ■ |/gK^P^| M |H§p|l lt?W?M| ILiJLII HSifl BBIITIB HIIIIB |HB^BB I i f) Q Jessup Moot Court Update: On Friday, February 15th and Saturday, February 16th, UB Law School's Jessup International Moot Court team willcompete inthe 1991 Regional Jessup Competition. It will be held at Marquette University in Milwaukee, Wisconsin. The four members of the UB team are Scan Patrick Galliher, Dave Guertsen, Gay Kang and Daniel Vira. The road to this competition has been a long one. At the beginning of last semester team members were selected (based on their writing and oral excellence) through their participation in the Intramural Jessup Competition. Throughout the remainder of last semester and over the break, these four students worked together to prepare two memorials (briefs) that will be submitted to the judges of the upcoming Regional Competition. This year's Jessup problem involves the legal implications of anti-competitive practices in international trade. Gay and Dave will act as Applicant and Scan and Dan will act as Respondent. They will be arguing before law professors and local practitioners who will perform as judges of the International Court of Justice. Upon their arrival in Milwaukee, the UB team will compete in several oral rounds against teams from Minnesota, Wisconsin, lowa and Kansas. The winning team from the Regional Competition will go on to the National Competition held in April. We wish our team the best of luck. �Duplicity, Incompetence Lead to Persian Gulf Crisis By Jim Monroe Staff Writer December, 1977. Ex-CIA Bureau Chief Phillip Agee asserts that the CIA spends a large amount of its resources in manpower, money, and time attempting to control the American media. May 5, 1990. CIA experts warn the Pentagon that Iraq is preparing to invade Kuwait. June 20,1990. Iraq contacts the U.S. embassy in Baghdad in regard to a dispute with Kuwait. The U.S. fails to respond. July 31, 1990. Iraq requests that the U.S. Assistant (the Ambassador had been called to Washington by James Baker), Ambassador to Iraq respond immediately to the Kuwait border problem. After telephoning the U.S. Secretary of State, the Assistant Ambassadortells Hussein, 'The U.S. has no opinion on inter-Arab disputes. August 2, 1990. Iraq invades Kuwait, Bush emotes shock and dismay. August 4,1990. George Bush says that the danger to Saudi Arabia is imminent because satelite photos show that Iraq is preparing a massive offensive on the Saudi border. August 10-30. The Bush administration pushes potential allies on the U.N. Security Council into backing any resolution that it puts in front of it, including sanctions, blockades, and the use of limited force to insure compliance. The sanctions take holdalmost immediately and shortages of staples are reported from Iraq. Saddam Hussein restricts travel by foreign nationals and calls these hostages, "guests". - September October, 1990. Hussein makes some ill-advised attempts at public relations and, at the same time, using the hostages as "human shields" as well as offering to give free oil to any third world nation that will defy the blockade. Bush continually calls Hussein, "SADHAM" which means shoeshine boy instead of Saddam which means learned one. White House Chief of Staff, John Sununu calls him "So Damn Insane" on national television. Not to be outdone in the name calling department,the leader of the Desert Shield campaign, General "Stormin" Norman Schwarzkopf, calls the desert "the world's largest ashtray". In a move calculated to insure Iraq's intransigience and at the same time bolstering an attempt to beat the wimp factor that has plagued his career, George Bush assures everyone that he'll, "kick Sad-Ham's ass." In the same speech Bush accidently pronounces Saddam's name right and makes a faltering attempt to mispronounce it in the very next sentence. Members of the nation's largest mideast consulting firms reveal that, although they are typically consulted by the State Department on every major mideast negotiation, no one from the White House has contacted them since the crisis began. On this same NBC morning program, one of the consultants reveals that saying you'll kick a moslem's ass is equivalent to saying "f"k your mother" because of the Moslem belief in the unholiness of the feet. The U.S. sends hundreds of thousands of troops to the gulf without any rotation plan. Members of Congress say the die has been cast for war. Saddam begins to allow some foreign hostages to leave. He encourages Americans to visit their loved ones in Iraq. The American media goes wild showing the picture of Saddam, an Arab man, touching a young, white male British hostage. , torches a flag in defiance of Degenhart s boys' threats and the off duty plainclothes police wade into the crowd swinging. Anyone who is in their way is arrested. All the networks report the incident as if the peace demonstrators had started trouble. started under Nixon in 1968, and the Patriot was saved by Jimmy Carter against Republicans who wanted to take defense jobs away from liberal Massachusetts (where it's made) January 25, 1991. All three networks November 10-30, 1990. Immediately afterthe Republicans lose ground in the Congressional elections, President Bush escalates both the troop deployment and the hysterical ("he's another Hitler") rhetoric. Pat Buchanan, ex-White House spokesman under Reagan, says that war against the Iraqis is a bad idea because we should unite all Moslem and Jewish people for a holy waragainst secular humanism. The Soviet Union releases recon- naissance photographs that prove Bush was lying when he said that Iraq was building upfor an invasion on the Saudi border. Bush responds by sending rich draft dodger Dan Qualye to rally the troops. UB students held a peace rally in Capen Lobby on January 22,1991 December, 1990. Hussein, in a move he later regrets, lets all the hostages go January 18,1991. Everyday, all three networks sell the public on the idea that we could not possibly do without the wonderful Patriot missile which attacks the vicious SCUD and that Reagan was so right to mortgage our children's futures for defense spending. What they forget to tell the public is that the SCUD is a modern dinosaur,the Patriot couldn't shoot down anything resembling a selfguided missile, the Patriot program before Christmas. The U.N. Security Council decides that January 15 is the magic date, after which the U.S. can no longer tolerate Saddam holding on to our beloved democratic friend Kuwait. In order to manipulate this U.N. resolution for the magic date, Bush must wink at death trials for Tiannamen Square students being held by our most favored nation, China. He must also mortgage ourchildren's economic future byforgiving massive debts and he must begin to mention that their reports on the U.S. war is being heavily censored by the military. In response to a Harris poll, 38% of those who support the war say that they are confused as to what that question means. An article in the Buffalo News says that student activism is at an all time CONTINUED ON PG. 5 FRIENDS, ROMANTICS, LAW STUDENTS, Lend Us Your Heartfelt Words imperil Israel's security by allowing her enemies to buy our latest military hard- ware. VALENTINE'S DAY PERSONALS Bush also promises renewed economic aid to the Soviet Union and then sits down for a cozy chat with Syria's Haffez el-Assad whom many believe to be responsible for the terrorist bombing of Pan Am 103. HAVE ARRIVED! February 14th is Valentine's Day—A dayof love, and romance, and joy. January 2-8,1991. Bush says that the Constitution does not require Congressional approval for declarations of war. In his magnanmity (and after lobbying hard for 4 months), Bush decides that Congress may advise him and then he will make an independent decision. Congress hedges its bets and with the votes of the Dixiecrats, Bush narrowly wins approval for his war. '77s a day to go new places, make new friends, and try new things. 'Tis a day of courting and appealing, and rendering judgments. 'Tis a day to say to the one you love, or the one you desire, "Hey baby, wanna come over and exchange briefs tonight?" Only you can make this wonderful day complete! Take out a personal ad in The Opinion's first ever Valentine's Day Personals!!! January 14, 1991. According to the media, 50% of the people in America believe that war is wrong, Saddam Hussein has been stopped, and that we should allow sanctions to work. Talk show hosts work feverishly to find anyone from the other 50% that think we should go to war. It's fun, it's goofy, and best of all, IT'S FREE! Just drop off your personals in the box located in the second floor mailroom. We'll sort through them and take out all the disgusting ones (they'll be on sale later—watch for details). January 16,1991. After allowing 4 1/2 months for the sanctions to work George Bush singlehandedly orders 500,000 American people into battle against what he says is the "imminent danger to vital Rules: Not too naughty, please. First names or initials only. Keep them short. U.S. interests". January 17, 1991. Buffalo Police Commissioner Ralph Degenhart tells some off duty cops to attend the Peace protest at Lafeyette Square and start trouble and make some arrests. One of the outraged peace demonstrators ■ (Coupons aredue Friday2/8 in thebox located in the mailroom. Romantics may make more of their own il theyso desiv i Tuesday, February 3,y199t ■The-Opinroh I 3 �SBA: cont. from Parker, second year director, was also involved in that effort. "I led the fight to cut the undergraduate spending for SASU, and I'll do the same for the law school." The goal of the directors is not the elimination ofSASU. They just want its performance improved. "In my opinion, the SUNY students need a state wide organization to lobby on behalf of the students. A reformed SASU would serve this purpose," added Hirschfield. The SBA's hopes for a quickresponse form the SASU leadership were met with the appearance of Glenn Magpantay, SASU's Vice-President for Campus Affairs onthe 30th. Though some directors wanted to hear from SASU President Judith Krebs, Magpantay's presence served to satisfy the demand for a SASU executive, but the quality of his answers would determine SASU's future. The second SBA meeting began with a strained start as overa dozen spectators observed the proceedings. Making it worse was the late arrival of Magpantay, who had car trouble. The delay of over an hour was filled with debate over the question of continued SASU funding. The majority of the spectators were proSASU and argued against cutting SASU funding. Terry Mayo, a second year law student, said she was there, "because a voice in Albany iscritically important, and to do away with SASU is not a useful method to ensure effective representation." Emotions flared easily, with SBA di- page 1 rectors reiterating their concerns over SASU, and stressing that the elimination of SASU was not the ultimate goal. The spectators countered withcharges ofred baiting (in reference to SASU's alleged stipulated that no check will be issued until after February 20, when a report from SASU will be due, either from the SASU delegate or a SASU executive. Immediately after the vote, one of the pro-SASU spectators, Rhonda Weir, a first year law. student, was appointed temporary SASU delegate until a permanent delegate can be elected in the spring. "...unless SASU starts acting responsibly by representing us, they may well lose their law school funding. " -Marc Hirschfield 2nd Year SBA Director involvement with the Young Communist Leage), pursuing a poitical agenda serving only the interests of particular SBA directors, and alleging ineffectiveness of the SBA as a whole. Though Magpantay had arnved, he did not speak, and debate continued until a motion was made to release the funds. It passed with a vote of 14-5-1. The motion In the First Floor Lounge, SBA President Taunya Hannibal, most ofthe directors, and some of the spectators continued the discussion with Magpantay after the formal meeting adjourned. That meeting was also quite heated. Some of the directors felt SASU's political activism hurt the organization's relationship with New York state legislators. SASU's supporters believed it was not SBA's place to dictate SASU's methodology. "I'm concerned that we're debating on the philosophical purpose of SASU, while tuition hikes, program cuts, course cancellations, financial aid cuts, and campus closings are going through," said Glenn Magpantay. Eventually the meeting ended with a better sense of understanding, if not satisfaction. The aftermath of the conflict remains somewhat bitter. "It was amazing that I was attacked by ideologues for just wanting to ask questions of SASU,"stated Jim Maisano, second year director and former SASU supporter. "I just happen to believe that most students don't want their money spent on Communist conferences and changing the spelling of woman. I want SASU to work on real student issues." Marc Hirschfield was "appalled" that Judith Krebs did not appear, noting that she made the time to ask for SBA money last year. Taunya Hannibal is optimistic. "After talking to Glenn, I'm sure SASU will respond to our needs." As an SBA director, I was also involved in the debate, which seemed blown out of proportion. There were untrue allegations that the SASU budget cut was being done behind the students' backs. It was bothersome that the vote to unfreeze came before Mr. Magpantay spoke,which was the entirepoint of the original motion. It seemed as if the public outcry of a few intimidated the SBA Board into simply voting the problem away without dealing with the issue. Despite all that, the SBA/ SASU relationship has improved, and in time, everyone may be satisfied. Future of Research & Writing Program Uncertain By Maria L. Germani Editor-in-Chief It's that Treasure Hunt time of year again. If the library seems slightly more occupied than usual these days, it is undoubtedly due to the first year law students workingontheirfirst assignment of the semester for Research and Writing. For many law students, the Research and Writing Program is theirfirst experience in legal research and learning the intricate nuances of "how to write like a lawyer." For some, it is even the basis for entering the library for the very first time. The importance of the Research and Writing Program cannot be stressed enough. Jonathan Johnsen, a third year law student and Research and Writing instructor noted, "[Research and writing] are all that we do in our first summer jobs." Indeed most students believe Research and Writing to be one of the most important courses for their law school and future professional careers. Some people view a course in legal research and writing as an oxymoron. Unfortunately, the amount ofresources devoted to the Research and Writing Program to match its degree of importance, has been minimal. A recurring bone of contention among law students is the fact that their peers-often with only minimal experience in legal research and writing, or questionable credentials to teach the course, are their instructors. Many Research and Writing students are uncomfortable and disatisfied with an evaluation (critical or positive) by a peer/ teacher potentially less qualified than the students themselves. By no means is this an assualt on all law studentteaching assistants who teach Research and Writing. In fact, the experiences and qualifications of many Research and Writing TAs are superb; some have held prior similar teaching positions, hold graduate English degrees orpossess extensive writing experiences obtained during careers before entering 4 law school (i.e. journalists). Another complaint of some Research and Writing students concerns the time constraints of most TA law students (due to family or other employment responsibilities in addition to the demands of course work)-thusleaving Research and Writing students in the hands ofpotentially overburdened and/or incompetent TAs with insufficient and inadequate time teaching Research and Writing demands and deserves. Legal research and writing courses taught by law student TAs is not unique to Buffalo Law School. Research and writing programs in law schools across the country similarly employ law students in the same capacity as this law school; a stipend plus free tuition. Other law schools, realizing the importance of a research and writing program, have fulltime staffemployees teaching the course. The set-up of such a course not only reflects the immediate time, attention, and resources a legal research and writing student deserves, but also appreciates the importance of legal research and writing over the span of a legal career. Normally headed by faculty members, for the past decade the Research and Writing Program here at Buffalo Law School has been under the auspices of Professors Nils Olsen and Robert Berger, whom have both resigned from their duties the Program entails. To date, the Research and Writing Program, as it exists, is in jeopardy. In an effort to recruit replacement faculty to head the Program, and in search of new ideas for a new program, on January 25th Associate Dean John Schlegel held a meeting for any 'acuity interested in the Research and Writing Program. Every faculty member received notice of the meeting. Besides Dean Schlegel himself, and Nils Olsen-the outgoing head of the Progam, only two other faculty members (Jeff Blum and Lou Swartz) attended, as well as law librarian Ellen Gibson. The outcome of the meeting is unclear. Tuesday, February 5, 1991 • The Opinion One proposed plan would be to scratch the legal writing program as it presently exists, and replace it with a course emphasizing mechanical exercises in library research only. To date, no new Research and Writing Program exists for the Fall 1991 semester, and no faculty member has volunteered or been appointed to the task. HAW-A ]jT|JADn]i VALENTINE'S DAY FOOD DRK/E FEBRUARY 14 t^™"^ Of Erie County U.B. Law School has agreed 1o participate in the Erie County Bar Association's second annual "Have a Heart* Valentine's Day Food Drive, which will collect food and monetary donations for the Food Bank of Western New York, Inc. The Law School has been requested that, if possible, each ofyou bring in atleast two non-perishable food items by Monday, February 11, You may drop off your donations in the SBA office (Room 101) or the Dean's Office (Room 317). In addition, SBA members will be collecting donations at a table set up by the Law Library entrance on Thursday, February 7, between the hours of 11:00 a.m. and 3:00 p.m. On Monday, February 11 the donations will be collected and taken to the Erie County Courthouse for display until Valentine's Day. In lieu of food, monetary donations will be gratefully accepted. Checks should be made payable to the Food Bank of Western New York, Inc. and should be dropped off in Room 317. Please help the less fortunate among us by participating in this worthy cause. 1991. �Pentagon Plays Pravda with Press Releases to the military personnel serving in the By Andrea Sammarco News Editor As U.S. presence in the Middle East continues to grow, concerned voices in both Congress and the media question the propriety of allowing the military to control coverage of the current war. Guidelines established by the Pentagon include designated "PIOs", or military public information officers, whose job involves editing and/or censoring all reports coming back from journalists covering the Gulf War. These guidelines also require that journalists be restricted to working in small groups with military escorts. In some cases the news that the American media reports has been created by Pentagon photo opportunities and monitored interviews. Reporters are forbidden from covering any fighting outsideof the government-controlled pool reports. The press has no direct access gulf, and little means of conveying unexpurgated news to the American public. Pentagon officials claim that such restrictions are necessary to protect national security, ensure the secrecy of pending military moves ("operational security") and to preserve human dignity. In an effort to demonstrate their willingness to share as much information as possible with the public, Defense Secretary Dick Chancy and Colin Powell, General ofthe Joint Chiefs of Staff, have held regular and revealing press conferences with reporters, detailing whatthey deem to be each day's newsworthy events. Certain members of Congress, however, are not appeased. Representative Bruce F. Vento, D-Minn., and fourteen other House members sent a letter to Chancy criticising the Pentagon's guidelines for news coverage, claiming that they "seriously undermine First Amendment rights." Representatives were especially concerned that the public might react unfavorably if coverage of the warturned out to be inaccurate or a misrepresentation of actual events. In addition, prominent members of the press are speaking out against the guidelines. Eric Ober, former soldierand the current president of CBS News in New York criticised the differences in press coverage allowed currently as compared with the coverage of the Vietnam War. "During the Vietnam War, reporters could go anywhere-anytime". The only restrictions during that war were that no troop movements be reported prior to their occurrence, and that no faces of dead or wounded soldiers be shown before families were notified. Although much lessrestrictive, many people blamed the press for the public's overwhelmingly negative reaction to the U.S. continued involvement in the Vietnam War. A recent PBS special entitled "Making Sense of the Sixties" indicated that opposition to the war increased dramatically when it became apparent that military reports of successful strategic manuevers didn't comport withthe press' account of the war. Eric Ober's disenchantment with the Pentagon guidelines stems from his distrust of "pack journalism." According to Ober, "(This type of reporting) allow(s) the military to orchestrate and control the news before it reaches the American people. Without free, open reporting, the country would mostly get its news from the same people fromthe same locations saying roughly the same thing. There is little room for original reporting." Recent reports from the gulf may bear out Oberand others concern that the war is being "sanitized", since most reports indicate a hugely successful military campaign. The truth of these assertions can only be tested with the passage of time. Community Agencies Gulf Crisis: Continued page 3 from Seek Volunteers pro bono legal work. By Brian Madrazo Nearly twenty legal services agencies in the Buffalo area are looking for volunteers from the law school to assist in providing help to the community. Responding to a survey by the Buffalo Public Interest Law Program, a variety of agencies are interested in, and have a vital need for, student volunteers to perform tasksranging fromlitigation support to research. Students canchoose an agency based on the type of work it does and its location. Hours and responsibilities would be worked out between the agency and the student, though most agencies indicate they need from three to five hours per week. BPILP is facilitating the program to match students with agencies. Agencies participating include Niagara Legal Aid, Prisoner's Legal Services of New York, Neighborhood Legal Services, Homeless Task Force, Oak Orchard Legal Services of Batavia, Volunteer Legal Services Project of Monroe County, and various others. BPILP's Pro Bono Task Force developed the idea of matching student volunteers and needy agencies as a way of fostering and sustaining student involvement in public interest careers and The aim is for the program to provide students with the opportunity to work ir the public sector from the first day of law school. Those who are intent on public interest careers can get a head start, while students who are not can nonetheless get a taste of how easy pro bono can be. In addition, UB students can get sorely neededresearch skills honed. The flexibility of volunteering makes itan ideal way for students to get a sense of what public interest work is about, as well as valuable experience. Similarvolunteer programs have begun to appear nationwide, while some schools, such as Tulane, have adopted mandatory pro bono requirements. Students at Tulane are required to work 20 hours overthe course of theirlaw school careers. The 253 graduates of Tulane's 1990 class, all of whom successfully completed the pro bono requirement, said it increased both their willingness to provide pro bono services in the future, and theirconfidence in their own ability to handle cases. There is a real need for students, first through third year, to volunteer. Anyone who is interested should stop by the Public Interest office at 502 O'Brian and speak with Chris or Kathleen, or drop a note to Brian Madrazo in Box 449. high. The article mentions racism and the environment but avoids any reference to anti-war activism. Hussein, in an attempt to cut off water supplies to the U.S. troops creates an environmental nightmare, unleashing many million barrels of oil into the Persian Gulf. Pentagon officials decide to use the bad environmental press against Hussein but do nothing to clean up the spill which they quickly conclude is too large to deal with ecologically. Instead they say they'll workfortheanimal "at the top of the food chain" by saving the desalination plants. No one mentions the incredible environmental damage being wrought by 100,000 bombs and missiles and 20,000 air sorties per week. January 26,1991. While millions protest for peace around the country the media hypes every possible pro-war demonstration. For example, 200 peace demonstrators, including physicists, chemists, lawyers, doctors, doctoral candiidates, teachers, ministers, union workers, and priests, crowd Lafeyette Square for a rally and the Buffalo news prints a picture of three flag waving warmongers and interviews one of the warmongers and a nut that says he's son of the new galactic order. I interview two activists forthe Opinion. Michael Gurwitz says that "there were over two hundred of us and a handful of pro-war supportersand, yet, the Buffalo News chose to highlight the few counter protesters in their coverage of the rally. The News is obviously out to bang the drum for Bush's oil war." Chris Appleton, from the UB Coalition to Stop the War said, 'The news media's pro-war bias has hindered our efforts by not properly reporting the facts about the ant-war movement. The focus from the start has mainly alteranated between the destructiveness of the U.S.'s weapons systems and the brutaluity of Hussein's regime. This is not the full story." January 27, 1991. The entire nation watches the Bills lose the Super Bowl often forgetting which is the game and which is the war despite the schmaltzy rhetoric of the announcers and the advertisers. January 28,1991. Two articles on the front page of the business section of the Buffalo News extol the virtues of war for short term investment gain. One starts with the song by Edwin Starr, "War, what is it good for? Absolutely Nothin'!" It then goes on to say,"While the benefits to companies that build weapons, electronic guidance systems, anti-missile missiles and body bags are obvious even to me... CONTINUED ON PG. 11 Reduction in LMP Admissions Raises Difficult Questions By Evan Inlaw The Legal Methods Program (LMP) here at UB Law School was founded on the belief that racial minorities in the U.S. are capable of doing well in law school and on the Bar Exam, but lack the techniques for demonstrating proficiency in the skills valued for law school. Therefore, the LMP provides one year of academic support for those in the program; the academic support consists of tutorials that emphasize black letter law and test taking skills. Also, the LMP was implemented to mitigate the gross underrepresentation of racial minorities in the legal profession. Consistent with this goal, the LMP fosters increased ad- missions of racial minorities (and some disadvantaged whites) through affirmative action. Last year, the Faculty and Administration got together to restructure the LMP. According to statistics recently released by Dean Filvaroff, the changes made by the faculty and administration have lead to more than a 40% reduction in the number of minorities registered under the LM P. This reduction primarily reflects that the number of blacks registered under the programhas been drastically reduced by 67% as compared to past years. Furthermore, the number of blacks admitted overall (both regular admits and LMP admits) has been drasticallyreduced by more than 52 percent. According to the faculty and administration, the LMP was cut nearly in half to strengthen the program. On the surface this seems to be a legitimate reason fewer students are easierto manage. On the other hand, the drastic reduction in the LMP raises some difficult questions for the faculty and administration. The reduction in the LMP must mean that standards for admission have been more selective this year. How is it that the increased selectivity directly corresponds to a significant reduction in the number of blacks admitted? If standards for LMP admissions has become more selective, are the standards for regular admissions also more selective? Increasing the representation of minorities in the legal profession, means preparing LMP students for the Bar Examination. Does the increased selectivity have anything to do with the low Bar — passage rate among minorities? There is a pretty low Bar passage rate among regular admits also. Have the standards for regular admissions become more selective? Did the old system of LMP admissions admit students who really shouldn't be in law school? If so, hasn't the program served to cheat the more capable from attending this law school? If not, then how can one rationally exclude minority students that would have otherwise been admitted, but for the reduction in the program? Thefaculty and administration must be held accountable for all of the difficult questions concerning the LM P reduction. Accordingly, such questions ought to be directed at the faculty and administra- SEE CHART ON PG. 11 Tuesday, February 5,1991 • The Opinion 5 �(fill OPINION The Justification of Affirmative Action Dear Editor: February 5,1991 Volume 31, No. 9 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j onn B. Licata Michael D. Gurwitz jjm Monroe R on Rusczyk istory BlaCcekbrtHMonth .. . . Once h a while, we are aWe to momentarifyforget there is a war in progress. Only a fittte > ■;,■ ,t • ■ :i , , •.-.■■.•■■..■ [il*ji I ..v . 1 ~ . ... - . ;■■■.■.■ :■,: ■:..■.■■■ ■■ •.,• ■■,;■.:..■■■ '.»l- -■•■■■■ v.or. ' ■ i: • ■ Or« .■:■'■■ ■ • ' . " ', . • ■ ~-..•■.. til l f it ,-p, • ,■,. , , ,. . Vk-i. L , -■,'..•/•:, ' 1 ~„ ■ Ui ~ ,■ ■ ~i .■. Li 'T.: • t •„,••" . resources... .. ' ■•■ ■!■■.■■.,■■■!.;,.■■ ■ "■ ■:' ,j, r-:.:. ■ ■ . ■ ■ •i-■ ■ „' ,'• '• '' The numerous and complex social issues involved in the term "affirmative action" have been the subject of increasingly intensive discussion recently. Since it is generally known that the Law School has an "affirmative action" program, described as the Legal Methods Program, it seems desirable to state with some precision its origins, goals, and basic character. The Program fosters the admission and provides support after admission to specially admitted students. These are primarily Blacks, Hispanics, and Native Americans, but other applicants who assert that they have been so educationally disadvantaged as to need special assistance in order to cope with the demands of legal education are considered and have been accepted. The Program had its inception in the report ofthe Chancellor ofthe State University of New York, Samuel B. Gould, in 1967. He said: "We have reached a stage in the evolution of democracy where it is no longer possible to talk about equality of opportunity without doing something about it, something to prove unmistakably that we mean what we say." In 1968, President Martin Meyerson of the State University at Buffalo, established a Select Committee on Equal Opportunity and an Office of Equal Opportunity. He expressed the hope that "we might find ways in which to expand greatly our service to disadvantaged and minority groups in Metropolitan Buffalo and throughout the State must now be checked through An intolerable waste of human massive cooperative efforts in which the University will play a major part...". These commitments have been reaffirmed both by succeeding Chancellors and Presidents, including President Sample. The Law School Faculty shared these concerns, believing that "minorities of color had been subjected to extremely discriminatory exclusion from or access to the dominant cultural environment and institutions, especially in such critical areas as jobs, housing and education. The result was restricted sharing in the body of information which forms the core of the dominant culture, in the acquisition of the skills most rewarded by that culture, and in the techniques for demonstrating proficiency in those skills." In addition to these considerations, the Faculty was convinced that a professional school was obligated to attempt to mitigate the gross underrepresentation of persons of color in the profession. In according with those mandates and convictions, the Law School in 1968 adopted a special admissions and support program. That program was reaffirmed by the Faculty in 1970 and incorporated in a long range plan for the Law School adopted in 1975 (from which the above quotation was taken). From the outset, as noted, participation in the program has included individuals, not members of identifiable minority groups, who showed both the same need for help in overcoming educational handicaps and the promise of successful professional performance with such help. Over the past 20 years, the Program has taken several different forms, as experience and the availabilityof resources have dictated. The formadopted in 1982 was based upon a separate course in Legal Methods, with tutorial assistance in the othercourses primarily with teaching assistants. In the spring of 1990, the School was convinced that the results were not whatthey shouldand could be,and a revision of the Program was implemented for the fall of 1990. The basis of this program is the dropping of the separate Legal Methods course and the creation of a small section for Legal Methods students in one of the regular courses, with professorial tutorial assistance in the other courses. Those most immediately involved are in agreement that this arrangement has proved to be far more rewarding than the previous one. The essentials of the Program have been spelled out in detail in each of the Bulletins of the Law School since the early 70s. The State University of New York at Buffalo and the Law School are satisfied that the facts inescapably reveal that the handicapping effects of generations of severe racism and other forms of socially sanctioned disadvantage have not been overcome, and that the obligationsrecognized 20 years ago are still compelling. Ml " Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: llene Fleischmann,TaunyaHannibal, Evanlnlaw, BrianMadrazo, Subrata Paul eCopyright 1990. The Opinion, SBA. Any reproduction of materials herein Is strictlyprohibited without the express consent ofthe Editors. The Opinion is published every two weeks during theacademic yuear. It Is the student newspaper o< theState University ofNew York at Buffalo Schoolof Law,SUNYAB AmherstCampus, Buffalo, New York 14260. The viewsexpressed in thispaper are not necessarily those of the Editorial Board or Stafl of The Opinion. The Opinion is a non-profit organization, third-class postage entered a Buffalo. NY. Editorial policy of The Opinion Is determinedcollectively by the Editorial Board. The Opinion is funded by the SBA from Student Law Fees. The Opinion welcomes letters totheeditorbutreservestherlghttoeditforlengthand libelous content. Letters longerthan three typed double spaced pages willnot beaccepted. Please donot put anything you wishprinted underour office door. All submissionsshould bepiacefl in lawschoolmailboxes677or 80S by thedeadline date. Deadlines for thesemester are postedInthemailroom and outside Th« Opinion oflce. 724 O'Brian. THE OPINIONMAILBOX Cook Story Half-Baked Jacob D. Hyman Professor of Law, Emeritus Dear Editor: This is in response to Maria Germani's article on "Personnel Changes on the Third Floor" in the November 20th issue of your paper. In the interest of full disclosure, might the fact that Ms. Germani was Ms. Szydlowski's work-study student for a year have biased her in writing this article? When a person is insubordinate towards superiors it should [not] and must not be tolerated. If it is, then it adversely affects others. In your article, some have quoted Ms. Szydlowski as being "competent," others say "insubordinate." The fact is that a person may be viewed as competent by some. At the same time, showing insubordination towards her superiors and a lack of cooperation that is a necessary part of the teamwork that goes into the running of a department or school, detracts and overshadows that competence. Yourattack on Dean Cook on a personal level is very unprofessional. She should be commended for her tolerance in an untenable situation overa long period of time. Dean Cook fills a very fragile and catalytic position. Administrators at times have to make hard decisions. The article described Dean Cook as a "Yes Man" [sic]; "aiming to please her superiors at all costs." Is it conceivable then that it was Dr. Cook's decision, and her's alone, to relocate three secretaries, reassign three faculty members and leave the Dean's office without a backup secretary? Not likely. Change is not always popular but it is sometimes inevitable. Something must have led to the sudden moves and changes that took effect on the morning of November sth. Was itreally a surprise to all or just a few? Normally such drasticchangesdonotoccurprecipitously. Previous incidents obviously led to these decisions. It seems that statements, incidents and, orfacts, are taken out of context or incomplete. Could it be because only a select few were interviewed? In exercising the freedom of the press, you must always be careful to get all the facts not just enough to slant a story in the favor of one or another. We are certain that if you had broadened your aspects your story would have taken on a different connotation. Dma Poeller & Roseann Perrin 6 Tuesday, February 5,1991 • The Opinion 3L SBA Candidate To the Editor: In preparing this letter I looked over an old copy of The Opinion to get a sense of theflavor of the previous letters submittedfor this position, [S.B.A. Class Director], and I am sorry to say that in comparison, this letter may seem a little bland to the reader. I am running for class director not in hopes of ridding the world of social injustice or in pursuit of drastically changing the character of the student-faculty relationship or how this university is run. To be honest, this body just does not have the power to bring about these types of changes. I am running because I want an opportunity to meet face to face with the administration and tell them about the day to day problems and concerns that we law students have. I went to U.B. as an undergraduate, and after being here for about ten years I believe that I have a good idea of how the university operates and what things the administration sees as important in their overall scheme of things. By presenting our needs and concerns in a way that is in line with the goalsof the administration I believe I can increase our chances of getting something accomplished; ratherthan presenting proposals to the administration that have no chance of getting any substantive approval, but always receive asurances from the university that they are with us in principal, but unfortunately at this time.... Within the S.B.A. itself I am concerned that all groups get afair shot at adequate funding. I do not support in principal all the groups funded by the 5.8.A., but I do enjoy the diversified atmosphere these groups create. From the Federalist Societyto the National Lawyers Guild (all groups listed alphabetically), they all expand the arena of argument here and therefore make this law school a better place. I bring no agenda with me to this position, except your own problems and concerns. Thank you. Mark A. Doane 3L �GROUND ZERO A Day in the Life ofGeorge Herbert Walker Bush by Michael D. Gurwitz Layout Editor USA #1 USA #1 USA #1 USA #/ KILL! KILL! KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL! KILL!KILL!KILL!KILL! 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To the flagging United States of America, Inc. KILL! KILL! KILL! KILL! And to the Republicans KILL! KILL! KILL! KILL! For which it grandstands KILL! KILL! KILL! KILL! One nation, under guard KILL! KILL! KILL! KILL! In debt KILL! KILL! KILL!KILL!KILL! With liberty and justice / For all who can afford it. KILL!KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! / KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL! KILL! KILL! KILL!KILL! KILL! KILUA KILL!KILL! KILL! KILL! \ KILL! KILL! KILL! KILL!KILL!KILL!KILL KILL! KILL! KILL! KILL! KILL! KILL!KILL! KILL! KILL! KILL! KILL! KILL! KILL!KILL! KILL!KILL!KILL!KILL / \ \\ \ \\ \ \ \ \ \ \ \ \ \ KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL! KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL. / / / / / / / / / / / / / / / / /I KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! The New YorkState 1991 budget cuts will have a harmful impact on the mentally ill, as well as the individuals and facilities that provide for their care. A large part of Governor Cuomo's budget cuts is the Office of Mental Health. The New York state mental health budget will be reduced by over $53 million dollars this year, with plans for further cuts next year. This year, over $10 million dollars will be slashed from the amount counties in the state will receive for psychiatric and mental health care. In addition, over $40 million dollars will be cut from state-operated psychiatric centers and out- patient clinics. Approximately 1,200 state employees from the Office of Mental Health will lose their jobs. Most of these positions belong to professionals and semi-professionals serving the patients in state- run psychiatric centers. These positions include psychiatrists, neurologists, other doctors, nurses, therapists, social workers and aides. Locally, the West Seneca Developmental Center, a facility for children, will lose eight positions. Six employees will be laid off and two lost through early retirement. All of the positions, except one, are professional. In addition, twenty-one other positions are being affected. Transplanted workers will replace positions presently held by child psychologists, social workers and others experienced with child care. Civil service employees with less seniority will be replaced by workers with greater seniority and shuttled into positions elsewhere. However, the replacements have little if any experience working with children, despite their seniority. Some lack the specialized educational training orexperience necessaryforworking with children. These changes, which will all take effectFebruary 20,1991, will weaken the services that the center is able to provide. Unfortunately, it isthe children who will suffer most from the cuts. The Buffalo Psychiatric Centerwillalso be affected by the budget cuts. The Center will lose 31 staff members. Nineteen staff members will be directly laid off, and others will be lost to early retirement, reassignment, or replacement by those with civil service seniority rights. The cuts at the Center affect the entire staff. Job losses, which will take effect February 20,1991, cut across the board, affecting both professionals and AMERICA ,,, tf tf KILL! KILL! KILL! KILL! KILL! KILL! Funds Cut to Mentally I11 By Maria Schmit, Managing Editor KILL!KILL!KILL! KILL!KILL!KILLi KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL! KILL!KILL! KILL!KILL! KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL! KILL! KILL! KILL!KILL!KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL!KILL! KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL .'KILL!KILL!KILL! KILL! KILL! KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL! KILL!KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL! KILL! £&£ & &&& £ Are We Having Fun Yet? MAILBOX CONTINUED FROM PC 6 Dear Editor: Let's fact it, de facto, the faculty state- semi-professionals in the health care field. Though the Center tried to protect its direct care jobs, the prospect of further cuts next year threatens the direct personal care needs of patients. The Buffalo Psychiatric Center fared betterthan somecenters. TheGowanda Psychiatric Center, for example, a smaller center than Buffalo's, will lose over 60 employees due to budget cuts. These cuts will affect direct care positions. The cuts will have disastrous effects on the state-run mental health facilities which serve approximately 45,000 patients statewidethe state. Thesecuts will increase the number of patients each doctor, nurse, therapist, aide and social worker has to serve. Reduced staff will lead to greater workloads for CONTINUED ON PG. 11 ment says this: Upon entering law school, you sacrifice your right to free speech. You may no longer say anything that hurts minority's, women's or homosexual's feelings. You also may no longer say anything that does not support this school's leftist, "politically correct," ideology. Any such statements will be met with Boos, Hisses, Cold Stares, Cold Shoulders, and Talking Behind the Speaker's Back. The speaker will, most likely, no longer be called upon in class. Anyone caught making even one politically incorrect statement will beassumed to be Racist, Sexist and "Homophobic." Anything he or she says to show that he orshe is not racist, sexist, or homophobic will not be believed, ever! This policy has been enacted to ensure the success ofthe faculty's political agendas and the free flow of leftist ideas (to the exclusion ofallothers) inthis exemplaryacademic institution known nationally for its students' academic achievements and Bar pass rates. Hans Tirpak LEGAL Micali Pat Those interested in starting a long-term, focused, disciplined exploration ofalternative dispute resolution possibilities with special emphasis on the Middle East,pleasecontact LindtiSikka, Box 239. Tuesday, Februarys, 1991 • The Opinion 7 �lIL 1 v f fIHH ■ Mm J km M m W 7 Athi m FHdaii, Afarc/i 15, 1991 (Happy St» Patrick's Day!) PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. i^^li^® NEW YORK CITY jJMI SATURDAY, NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAHABLEAT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9, 1991 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact yourLaw School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 �FICTION The Italian Loafer: OiiJofm 'H. Liciilii Adventures - Caveat Lector This is a work of fiction with biting social commentary. In my two room office the mercury in the thermometer was playing hide and seek with me while a stoney silence had descended upon my telephone. With holiday shopping bills looming on the horizon my fiscal policy needed a big shot in the arm. I started cold calling people mentioned in the newspaper as victims of crimes and accidents, trying to drum up some clients. This was a definite violation of some canon in the MPR or in the CPLR we learned in Legal Confession, but as long as my clients didn't know pro bono from Sonny Bono, I was in the clear. Nothing. Then in walked Owls Gorlas, a man of infant jest and no bull reason a straight shooting smart ass who tipped me on to more clients than my Bhopal travel agents. Owls got his nickname from his wisecracking dispositionand the circular eyeglasses that looked like he'd swiped them off the Hubbell Spacescope. "So, It Guy," he said byway of address. That was his usual shortening of my nickname and I gave him the usual nod of my head. "Well, it is a bit cold in here, but don't let that darken your mood. Isn't it your brother Bri's birthday? Give him my best." I said I would and asked him what he had for me as he reclined in one of the chairs opposite my desk. "Let's get right to the point. I can set you up with as many clients as your avaricious heart desires," he began with a deliberate casual air. I tried to equal his equipoise and would have achieved it had I not coughed up a major organ at the thought of all the money he was suggesting. "Hold on a minute," he cautioned with an upheld palm. 'This is still in its early stages. A couple wrinkles to go, but I'm sure its golden. Years ago a 'friend' sent some weapons to a mid-east country; precedent, right? I'm sure with a few good moves and the use of some clever grandfather clause we could be back in the supply business." I had an uneasy feeling about where Owls was going, but we've always made a killing at fee time. I asked him if the State Department was aware of the activities. "Aware, hell, they were supporting us. Even helped make introductions all around. This target country was busy fighting a very popular enemy and we cheered them on, scoffing at the U.N. when it tried to find a peaceful solution. Sure, private entrepeneurs supplied this target country, and we've done a damn fine job of it. America should be proud that we have maintained customers through good service." Owls stood up to take off his coat as his face flushed with patriotic fervor. I asked him if America took pride in of a Legal Gumshoe arming an aggressive country in an internecine war only to have that country become a loose cannon in the middle eastern balance of power. He dismised me witha wave ofhis thin arm. "You think Iraq v. Iran was mutually destructive? Ha! Saddam is still in charge and the power of the Ayatollah Khomeini eclipsed martyrdom with the bitter man reaching from the grave to inspire his people. No destruction. Iraq is no loose cannon, uninhibited by our standards, sure, but not exactly loose. But I digress, back to selling ammo. Corporations routinely defy legislation by dumping toxic chemicals under the protection of a grandfather clause, why should these private suppliers suffer froma tyranny ofthe majority? I feel that the arms dealers should be accorded the same courtesy. They are no less the entrepreneur than the chemical corporations and no less important an economic indicator. Guns don't kill people at the rate that toxic waste destroys the value of taxable property. Let's face it, this war is not against simple naked aggression," Owls leaned on the back legs of the chair assuming the superior air I detested on that side of my desk. His arguments had the lucidity of the amorally righteous, a combination best left in Criminal Law classes. I told him that nobody would shed a tear for Saddam, but the waste of life to achieve the ironic goal of removing a man supported by the West in the recent past was not lost on the public. Money had fallen into the scales of the World Court. "It was never out of the scales," he replied with his condescending tone. He knew how to get under my skin. "A sound fiscal policy is always a consideration when becoming the aggressor. The international coalition in the Persian Gulf is a peace-keeping force intent on reducing the sovereign nation of Iraq to rubble. I'm sure they have it coming to them. I don't argue since we are at war, and with partisanship stopping at the shore and all, but this country was founded upon the firm belief in God, and you can't have a God without a profit. Keeping arms dealers out of Iraq is sacrilegious and unpatriotic." I told him that prophet is spelled with a "ph" in the middle and received a blank look for my trouble. Owls had obviously twisted his head around one too many times. I ushered him out of my office and lit a fire in my woodburning stove, hoping the mercury in my thermometer would reappear. The newspaper was next to burn, but an article on the page caught my eye. A young man had purchased a gun on the front steps of his apartment building for less than one hundred dollars. Within one hour he was dead. One hour. Arms dealing is the same around the world, we are simply discussing a matter of degree. Who is the criminal, who is the victim? The Deadline for the next issue of The Opinion is February 7 at s:oopm Please submit articles to box 677 or 808. Don t Walk Alone f By Subrata Paul "Be sure not to walk alone." Fear struck my heart as I read these words. Here I was, alone on the Baldy walkway, reading the paper. And in the lower, right-hand corner was a small paragraph about a woman who had been attacked walking to the FlintLoop. Well, what could you expect? If she was dumb enough to be actually walking ALONE at 7:00 at NIGHT, near one of the busiest areas ofthe school... she was just asking for it. Look what happened to Linda Yalem. Jogging ALONE at noon, in an area where everyone, but the UB students, knew that two other women had been attacked... you take the risks, you reap the consequences. So here I was a 22-year-old woman, alone, in the Baldy walkway, having to get to my car. Who to go to? ARTF. They were conscientiously in front of the libraries every day of the week that I had studied late. Walking to one of their stations where their volunteers normally wait, there was no one around. I realized that the libraries had closed a while ago. Okay. Not to panic. There are other avenues to go through. Public Safety, I thinkto myself. Butwait. A faint memory could springs to mind. Wasn't there I be mistaken? No. There was definitely a letterthat had stated how Public Safety had refused to help a woman who had been unable to start her car, very late at night. She had been stuck in a dark, empty parking-lot until her room-mate could pick her up. I didn't have a room-mate. I probably also fell into the area of the . public not meant to be kept safe, being a woman who was out ofthe house, late at night, alone on campus. I was obviously not going to get help from Public Safety. I look again at the little paragraph; nearly overlooked by the fanfare of President Sample leaving. "Be sure not to walk alone." A little to my left are my carkeys. Attached is a whistle given by Phi Delta Theta, which states "Never walk alone." Well, that was easy for them to say. I take a deep breath and look around tc see if any of my friends are still around No one. But wait. There in the corner is a guy I didn't notice before. He looks clear and innocuous. Kinda cute in a conventional way. But then wasn't Ted Bundy? myself to the inevitable. I resign There is no way around it. I have to walk to my car, alone. My keys in one hand, my purse weighed down with heavy objects in the other hand, I slowly and cautiously make my way through the deserted halls. Was that a sound? No. Just my keys jingling in my hand. I stifle them and go outside. I cross the street to get to my car. As I pass through yet another unlighted area, a figure jumps out and grabs me from behind. So I do the only thing any normal female would do. I stick his face with my sharp keys, flip him as I had learned in Judo class, and as he lay on the ground, I hit him with my ten-pound purse. He should have seen it coming. I mean, wasn't he told not to walk alone? . SBA Prez Goes to Superbowl XXV to the nearest Tops Friendly Market and By Taunya Hannibal I've never considered myself a lucky person, but my attitude changed on January 18,1991. On that night I won a trip for two to the Superbowl in Tampa, Florida. I've never won anything in my life except fora bronze miniature pony when I was 9 at a carnival and about three years ago, I won two tickets to see "YES" in concert, for having a sexy voice (I had just awakened before school.) I found out about the trip to Tampa by listening to 97 Rock, which is weird, because I usually listen to CFNY. The D.J. was performing live at the American Sports Cafe and announced a 10 item scavenger hunt to take place the following night at happy hour. The deal was for you to bring in the 10 named items which would qualify you to enter a name drawing. I immediately wanted to enter because the prize was a trip to Tampa to see the Superbowl. I decided to gather all of the items and call my boyfriend to get him to enter also. Mike, a 4th. year Mcd Student at U.8., said he would be at the hospital late Friday and would try and meet me. So, I got my duffle bag and put my longjohns, a seashell, an old Bills ticket, a bow tie, and an invoice from Sports Illustrated inside. Now |,had to purchase an Alice Cooper tape, a jar of Vaseline, a can of orange juice and a Rich non-dairy product. Also, I had to write "97 Rock" and "Bills" on my face. No problem, right? Wrong! I thought I had purchased everything and arrived at the bar. I checked my bag, and Damn, I forgot the whipped cream! So, cursing all the way, I drove . . picked up the whipped cream. Once at the bar, I immediately got the two-for-one special and ordered screwdrivers. That accomplished, I went to register my items and my name. Little did I know, I was supposed to wear the longjohns, so I promptly placed them on my head so I would qualify. Now, I went back to the bar to await the drawing, i met some people and began talking, had another special, continued talking and had another special. I continually asked for the time and dreaded having to go to the bathroom. Finally the time came, but I was way in the back and could hardly hear anything. So, I looked at my drink and that's when someone said, "Taunya Hannibal." I looked up, swallowed, and grabbed the nearest person and screamed "That's me!" I ran up front, jumped up the stairs and kept screaming, no words, just screaming. Then Jim Pastrick said "Congratulations Taunya, You just won two Superbowl Tickets! What do you have to say?" I grabbedthe microphone and said "Ahhhhhh!". And believe it or not folks, that's when I began to cry. I knew how much this would mean to my boyfriend and I just couldn't believe my luck! Imagine, there's snot running down my face and people calling me dirty names all because I won two Superbowl tickets. I know God was watching because the first two ballots pulled were blank. After I found that out, I went back to the bar. That's when I realized I was intoxicated. So, I called my Mom, crying , and asked for my Dad to come and get me. That accomplished, I went back to the bar and toasted my neighbors to my victory. Tuesday, Februarys, 1991 • The Opinion 9 �The Opinion l&lfc NOWI Draw? Take photographs? The Opinion needs you! At the end of this semester elections tor editorial board positions of The Opinion will be held. Join the paper now and pad out your resume while gaining valuable writing experience as well as having lots of fun!!!!! The Fun Starts This Friday At The Library (3405 Bailey Avenue) Come to The Opinion's I Recruitment Party/Happy Hour Where: When: Time: kLowdown: The Library/BBC Friday February Bth 5:00 PM Free Beer ALL NIGHT!!! (Law School ID Needed) 10 Tuesday, February 5, 1991 • The Opinion Free Food 5:00-8:00 �sdfsdfsdfsd The Docket What: When: Where: BLSA Meeting. Tuesday, 2/5, @ 4:30 pm. Room 406, O'Brian Hall. What: When: Planning Meeting for a "Teach-in" on the Persian Gulf War. Wednesday, 2/6, @ 5:00 pm. Room 105, O'Brian Hall. Where: What: When: Where: Federalists Meeting. Wednesday, 2/6 @ 4:30 pm. What: AWLS Clothing Drive. Wednesday and Thursday, 2/6 & 2/7, from 9:00 am to 1:00 When: Room 505, O'Brian Hall. What: When: Where: Lowdown: Forum on Violence Against Women. Thursday, 2/1, from 10:30 am to 5:30 pm. Kiva Room, Baldy Hall (on the first floor.) The Graduate Group for Feminist Studies presents this forurr which will consist of a series of workshops and panels featu ing prominent members of the community, university stu dents, and professors. What: When: Where: Lowdown: The Opinion Recruitment Party. Friday, 2/8, starting at 5:00 pm. The Library, on Bailey Aye. Your only opportunity to meet some of the most with it, hip groovin' law students in the history of ÜB, all gathered together in one place!! What: When: Where: Lowdown: Mentor Program Mixer. Monday, 2/11, from 5:00 pm tp 6:30 pm. Faculty Lounge, O'Brian Hall. Sponsored by the Women's Bar Association and Women Lawyers of Western New York. Wine and cheese will be served, and everyone is welcome. What: When: Where: Lowdown: SASU and USS Legislative Conference. February 22 February 25. Albany, New York. You can get more information on this conference by calling SASU at (518) 465-2406, or Ardeshir in SBA at 636-2748. What: Presentation by Paula Ettelbrick, Legal Director of Lambda Legal Defense. Tuesday, 2/26, @ 8:00 pm. Room 108, O'Brian Hall. Ms. Ettelbrick will be speaking of her organization's efforts to expand the legal rights of gays and lesbians. pm. Where: 2nd Floor, O' Brian Hall. Lowdown: All donations go to Haven House and Friends of the Night. What: When: Where: Lowdown: "Have a Heart" Valentine's Day Food Drive. Thursday, 2/7, all day. Outside the law library. Please bring canned and dry food items to help those less fortunate. This year's program will be held onThursday, February 21, and PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM Friday, February 22,1991. The Symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. Budget Con't.from pg. 7 health care providers, and less attention for patients. In some instances, these cuts will put both staff members and patients in harm. The cuts to the Office of Mental Health will affect the people who are least able to advocateforthemselves. The mentallyt ill are among the most vulnerable members of our society. Unfortunately, this status makes them easy targets for the axe of budget cuts. Today, many mentally ill individuals are homeless and living on our streets. This year's budget cuts, along with those expected next year, will mean that individuals with mental illnesses will not be able to find help they need and deserve. In addition, those patients now in mental health facilities may be released prematurely. To make matters worse, outpatient clinics will not have the staff necessary to care for the flood of newlydispossessed patients. In the long run, these cuts will cost a great deal more, both in lives and money, than will be saved now. With proper care, many of our state's mentally ill patients can be reintegrated into the community and live healthy lives. Without propercare, however, these people our sons and daughters, sisters and brothers, mothers and fathers, husbands, wives, lovers, and friends, in short, our fellow human beings, will be forced to remain in institutions longer than is necessary. Others may be released before they are ready, only to end up on the streets, back in an institution, or in jail. This will happen not for lack of concern, but for want of money. The budget cuts to these facilities is both a horrible mistake, and a sad commentary on our state's attitude toward the mentally ill. It istime for our governorand the people ofthis state to educate themselves about the reality of mental illness, and to realize that we are all susceptible to this most terrible of fates — Gulf Crisis Con't. from pg. 5 the war in the Persian Gulf could turn out to be good for auto salesmen, guys who pave roads and bridge builders." The second article is titled,"Gulf Conflict could bring war dividends; Defense contractors expect increase in employment, orders, and profits from war." The first paragraph inthe article merely says, 'The timing couldn't have been better." Where both articles end on page three there is a big advertisement for flag decals, "ONLY $19.95!!" January 29,1991. All morning long, all three networks of the local press advertise that a pro-war rally is planned in Capen Lobby at noon. The college republicans manage to assemble 25 students to sing yankee -doodle dandy and a local radio announcer reports, "hundreds of students are streaming in to Capen lobby." He forgot to mention that most of them went to the money machine and then left. After the rally, none of the college republicans headed off forthe local militaryrecruiting stations which happened to be open for business that day. January 30,1991. The body bags start rolling in as Rambo marines get too close to the Iraqi border and the Iraqi troops come in late at night to mix it up. When: Where: Lowdown: - CONTINUED FROM PAGE 5 1988-1990 STUDENT DATA Total Minority Students Registered: Category 1990 African American 14 M=5 F=9 29 M=13 F=16 30 M=13 F=17 Hispanic 13 M=5 F=8 14 M=8 F=6 13 M=7 F=6 Asian/PI 16 M=13 F=3 12 M=7 F=5 10 M=8 F=2 Native American 2 M=1 F=1 -0- 2 m=o TOTAL 1989 45 1988 F=2 55 55 1989 1988 Total LMP Students Registered Category 1990 African American 9 M=3 F=6 27 M=13 F=14 24 M=11 F=13 White 2 M=2 F=0 2 M=1 F=1 2 M=2 F=0 TOTAL 28 Hispanic 7 M=3 F=4 10 M=6 F=4 8 M=6 F=2 Asian/PI 7 M=6 F=1 7 M=1 F=6 5 M=3 F=2 Native American 1 M=1 F=0 -0- 2 M=0 F=2 Other Minority 2 M=2 M=1 1 m=o 47 1 42 Tuesday. February 5.1991 • The Opinion 11 �ATTENTION: CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT IVHEM YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration fee is: $150 $100 $50 Your tuition will be: New York New England New Jersey $1095 $945 $1145 $1195 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 in New Jersey. THE LAST DAY TO SAVE UP TO $150 IS tej««wrt> BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 BOSTON, MASS. 02116 NEW YORK, N.Y. 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (617) 437-1171 (203) 724-3910 FAX: (617) 437-0698 (914) 684-0807 FAX: (212) 643-9460 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-02-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/5/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/292124158ca70763fbba03491ba5486f.pdf 01e8dc5f680b5e14712f5a3ed67dd0f5 PDF Text Text THE OPINION Volume 31, No.lo STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 13, 1991 Violence Against Women Spans Cultures, Time by John Licata Features Editor On February 7, 1991 the Graduate Groupfo Feminist Studies presented "A Forum on Violence Against Women" as a means of bringing awareness into the university community and encouraging political activism on the part of the student. The forum was dedicated to the memory of Linda Yalem and to the anonymous victims of violence against women. Approximately one hundred and thiry five people were in attendance at the morning panel discussion. Hester Eisenstein gave a short speech outlining some of the obstacles that womenface in trying to mobilize a society that fails to see "male sexual violence as a sickness that needs curing." In her discussion Ms. Eisenstein compared the hurdles of the women's movement to those faced by the Civil Rights activists of the 19605. Ms. Eisenstein encapsulated the theory behind activism by pointing out that "what is, is not what has to be. We must reject the idea that men and women must live in fear of male aggression." Centering herfocus upon the SUNYBuffalo campus Tracy Sedinger described the vast difference between the rhetoric of the campus administration and the action taken to curb violence against women. Among the several dangerous conditions left unchanged are the sporadic Anti-Rape Task Force tables, the short schedule for parking shuttle service, the lack of any movement by the administration beyond a committee report on personal safety released on November 7, 1990 and the silence adopted by Public Safety concerning violent acts on campus. Ms. Sedinger introduced the morning panel as a "dialogue of diverse voices [deserving] serious consideration by the university as a whole." The four member panel represented women from distinct cultures and approached the issue of "Violence Against Women" with view reflective of their ethnic heritage. Yvonne Dion Buffalo, a Native American, described her aboriginal experience as one based upon an approach to the universe based upon relationships. "Mental, physical and emotional balance are required for an individual to be completely integrated into the community," she expressed herself in a quiet and regretful tone. Ms. Buffalo stressed a lack of hierarchy in the aboriginal perception ofreality which contributed to a complete approach to life achieving wellness with "values transmitted by the elders. It is the responsibility of the elders to educate men that violence against women will no be tolerated." Alexis De Veaux, a representative of the black woman's experience, read an impassioned narrative expressing the various forms of violence that are impressed upon the black woman. The white doll at Christmas, lowered expectations of elementary teachers, and the advice of a lawyer to "do yourself a favor, get on welfare" contribute to depriveher of a "face as she wants to be seen in the mirror." Ms. De Veaux characterized violence against the black woman as a terrorist constantly stalking herthroughaterrorist society entrenched with racism, sexism and classism. The fear divides "she who black on welfare from she who black got a job, she who black from the north from she who black from the south, she who black and childless from she who black got a child, she who black got a woman from she who black got a man," said Ms. De Veaux. In a contrasting style Luz Lopez used sarcastic humor to highlight the similarities between her native Puerto Rico and Buffalo. Given the opportunity to study in Buffalo Ms. Lopez expressed her then naive attitude that the "men in the United States are definitely not macho." The audience responded with laughter that underscored their common knowledge. "I found the same attitude here through my work at Haven House it's called chauvanism," explained Ms. Lopez as she held society responsibleforviolence against women. — Her final remarks concerned the need forapplicableideasto implement change in a practical manner. Sumitra Mukerji shared her dilemma •with the audience, "I tried to condense three thousand years of institutional violence against women. . in India into a ten minute discussion. I couldn't do it." Representing, perhaps, the most thoroughly stratifiedculture inthe world, Ms. Mukerji held the right to speak as the most violated right of the women in India. Citing four thousand reported "dowry deaths and bride burning" since 1986 as some of the most obvious forms of violence against women Ms. Mukerji estimated that the numberwas approximately one third the total figure when officallyunreported incidents are added. One of the many disturbing aspects of the violence is that it is occurring in the educated, middle-class homes creating a tacit sanction by society. The Westernized woman is the most common object of violence and daily abuse. Ms. Mukerji encouraged opposition to the politically structured violence at every level, "there is absolutely no other way. that is how deep the problem goes." After lunch workshops formed concerning violence against women in various forms including language, the media, legal issues and self-defense through self-control. . . Counseling Center Offers Variety of Groups by Steven Kaye, Ph.D. The following was submitted by the SUNY at Buffalo University Counseling Service. The life of a student is not always an easy one. There are papers to write, books io read and not enough time to do either. There are desired courses with limited enrollments, faculty and parents who try the patience of Job, roommates who never clean and roommates who always clean. In negotiating the slings and arrows of everyday life, students can help themselves'by making use of the resources available to them on campus. One of these resources is the Counseling Center and one of the services which the Counseling Center offers is group counseling. Group counseling conjures up different images in students' minds. Some students think of TV shows like Dear John or The Bob Newhart Show (the old one, not the one with Darryl and my other brother Darryl)> Others think of forced confessionals where shrinks extract students' deepest, darkest secrets, usually in small, enclosed dark places. Still others think of the West Coast and nude group marathons and EST and massage therapy in hot tubs. All these images are false. In group counseling 8 to 10 students meet face-to-face with a trained group counselor(s). They talk about what is troubling them and they express their thoughts and feelings about what other group members say or do. Interaction between group members is highly encouraged. For example, if a group memberfeels close to another person in the group, the member may be encouraged to verbally express that closeness to the person. Such direct contact provides members with an opportunity to learn more about the way they interact withothers. It also allows them to try out new ways of behaving in a safe, supportive setting. People who join groups are asked to keep the content of the group sessions confidential. It is not appropriate for a group member to disclose events of a group to an outside person. In addition, the group leaders do not inform staff and/or faculty that a student is participating in a group. Such information cannot be disclosed without the written consent of the student. Group counseling is particularly useful for students struggling with relationship difficulties. Students who are dissatisfied withtheir partners yet are afraid to leave, students who are too competitive or unassertive or fearful of rejection, students who have difficulties meeting new people or maintaining relationships, all these students can be helped by group counseling. For example, the student who has difficulty meeting new people will have difficulty meeting new people in the group. In the safety of a group, this difficulty can be explored and alternative behaviors can be learned. During the Spring semester the Counseling Center will be offering a number of different kinds of groups. There are theme groups which as the name indicates, are organized around a theme. The theme groups offered include an Adult Children of Alcoholics group for students who grew up with an alcoholic parent or parents and an Adult Children of Dysfunctional Families group for students who grew up in a family where there was emotional or physical abuse or frequent conflict. There is a Bulimia Support Group and a Transfer Student Support group for students who are new to ÜB. The Dissertation Support Group is for students who are working on their dissertations. In addition to the theme groups, there are general counseling groups consisting of students with a variety of interpersonal difficulties. One of the general counseling groups is for returning students and graduate and professional students. If you think you can help yourself by joining a group at the Counseling Center, we encourage you to call 636-2720 to set up an initial appointment. When you do so, please tell the secretary that you are interested in joining a group and if you know which one you want to join, let her know. At the initial appointment, you will discuss your concerns with a counselor and the two of you will mutually decide whether group counseling is best for you. Should group counseling be best for you, you will then meet with the group leaders and talkto them about their group. If you have any questions about groups at the Counseling Center, please call Steven Kaye at 636-2720. We believe that groups can be very beneficial to studentsand we encourage students to use them as a resource. HIGHLIGHTS Italian Loafer ..............pg. 2 Hate Letter and Dean's Re5p0n5e..........pg.2 Health Care Crisis pg. 5 Who's A Valentine'sDay Personals .................pg. 6 - �by John %. Licata Jeaturcs 'Editor ThIetaliLn oafer: Adventures of a Legal Gumshoe Claudette and I attended the workshop "Men and Male Violence" given by Lawrence Chisolm of the American Studies department. The American Studies department is another way of saying "Politically and Academically Dangerous Topics That OtherDisciplines Are Afraid to Handle Because of Possible Damage to Their Reputation and Funding." There was a line waiting to get in so Claudette decided to get some water leaving me to fend for myself. In front of the room I met an old friend and we talked about old times. Thankfully, she didn't make any remarks like "Gee, I'm surprised you would dare show your face at an event like this" or ask if I was going to be Exhibit A for group discussion. Before I could apologize for giving her cat an overdose of catnip making it permanently swagger like Quasimodo with Cujo's disposition, the doors opened and people filed inside. The room was one of those conference deals with soft chairs and four tables crammed together to give it that sort of pseudo-corporate-yet-academic look. Lawrence invited everybody to the table and the fifteen women and five men obliged him. After a couple hours of talking and blaming it on everything except bedwetting we agreed that a day should be set aside for the university to hold sessions and discussions to inform the students and staff of the problems facing women and men on campus. Claudette and I discussed the workshop onthe way back to the office. By the time we had coffee brewing on our anemic the exact same thing thousands of times. My lip was probably bleeding on the inside, but I was not laughing. We got to the essentials after that, he talked I listened. "I've developed some deep feelings for some chick..." We call them women. ". .sorry, woman and I don't know if she means yes when she says no or if no means maybe," he flounderedforwords. They didn't seem to come too easily. I let him flounder. Not out of any mean streak, while I do have afew such streaks, I just didn't know what to say. "You see," he continued, "I lost a girl once for trying to impress her with my knowledge of what she really wanted. I was always trying to interpret what she said because I've been told. ." and he was back in sea. I coughed in a manner I had seen in the movies when a man is about to give sententious advice. He continued before I could say a damn thing. "Have you ever lost a love?" I was coughing again. Eventually I responded that my car was dying and I knew it was only a matter of time before we would part ways. "A car? I'm talking about a breathing, living, emotive mound of romantic flesh. . machine we came to no greater depth of understanding otherthan we would have handled the workshop differently. But everybody feels that way after one of these things. I grabbed a file and tried to get some work done, Claudette went out to interview somebody. The short silence that followed was interrupted by a knock on the frosted glass in my door. I called out that it was unlocked, open it obviously wasn't. A man walked in. I recognized him from the workshop, but if he knew me he wasn't letting on. His face was clean shaven, his hair close cropped and he carried himself with a military air. Jock. I immediately threw him into a category of individuals that have been, with justification, roundly scourged by those not quite so full of themselves. He stood until I motioned for him to take a seat. The wood creaked under his rather large frame. I decided not to let him know what I thought of him. "You hate me because I'm a jock," he We call them human beings. said. needed work on first definitely my to I "... yeah, a person who touches your impressionisms. In a peace offering I soul. Haven't you ever had that happen. poured a cup of coffee for him, which he Then they leave and take a piece of you refused for health reasons. Strike two. with them?" So I sat down and asked him what his I pondered the metaphysical impossibility touching the soul of an obviously trouble was. "Caffeine bothers my stomach," he soulless creature and he thought I was considering his problem. In truth I'd explained. nodded as it was a concern of the question so I asked him though forgotten I mine. I had to start this one slowly, so I what he wanted me to do for him. "I want you to give me some advice. A asked him his name. "Percy Byron. Laugh and I'll kill you," therapist costs too much and I don't go in he said in a voice that probably had said for the group therapy deal. I'll pay you," . he said and reached into his pocket to make good on his offer. It was out of my hands. Had to accept his offer, bang- contract. He handed over a small fortune in neatly folded bills and I was suddenly imbued with hundreds of wonderful bits of acvice. It's obvious I just needed some motivation. "Can I call you Doc?" he asked as he strectched out on the couch in my office. Sure. I asked him about his mother, a sort of general question designed to give no real answer but take up plenty of the patient'stime. Bill-able hours is the name of the game. "Let's talk about something else," he suggested and I let him ramble for a while. He covered every topic I could think of relating to women and the answers I gave him were centered on his behavior, the onlything an individual can control in a relationship. He was brainwashed not byan oppressive society but from the peer pressure of being a stereotyped male with friends you want to impress. Play the hero, be the clown. "I guess I just have to be honest all the time then, huh?" Not unless you want to live in a monestary. Nobody likes honesty all the time. How doyou feel? is asked hundreds of times but there better not be any complaining or it won't get asked next time. But there is alevel of communication needed beyond eternal gender subterfuge, in a relationship you have to set the lines of communication open and leave them working. Otherwise it's a farce. "Boy, can you pontificate. I want an answer to my problem, my fears and inabilities. Don't solve the whole society on my money, Doc. Help me, please," he was sitting up but looking at his shoes. Hold himto listen to "And So It Goes"by Billy Joel. He sprinted out of my office, not even bothering to schedule a follow-up visit. Sometimes love can be a four letter word. Editor's Note: Last month thehate letter duplicatedbelow was placed in a student's mailbox following that student's participation in an anti-war demonstration. Excerpts of a February 1, 1991 response from Dean Filvaroff appear next to it. Dear Law Students: H p£AR LITTLE J-EWBOy^ laJE" do tior tolerate .rrwistf LIKE YOU H H H H H WHY PC? NT" AP.OVNV HERE. GO "£AC<c To VDf LOA/6 ISLANP WHERE ALL YOl^ SUMeY TEWISH VERM/N COME FftOM. PO NOT EXPECT TO GET AWAY WITH FZ_AC7 AkOUAID bvbNINC? TKIS HeRE. bFC/ii/SE la/steap of allou;j^g SHIT LUCE" YOU TTJ &URM THE FLA^ we will burn sou and all the Si>6i4i/man α-ew FILTH ukf you- IT IS O"UST TOO THAT HITLER COULPNT The law school is justly proud of its tradition of diversity and tolerance. The School and, indeed, the University have been spared some of the acrimony and viciousness which have occurred on other campuses across the country. We have not, of course, been immune from acts of intolerance and bigotry, but happily we have suffered fewer of them than others. Thus, it is with regret that I write to you today to report a recent event and to ask your help. One of our law studencs has received in his mailbox a brutal hate letter threatening physical harm. The content of the letter is vile and extreme. This cowardly, anonymous threat, with its attempt at personal intimidation, goes well beyond the limits of any acceptable conduct. Authorities are conducting an investigation, and if the writer is identified, appropriate action will be taken... I ask you to join me in denouncing this and any other such incidents. Of course, we all hope this repellent act is a single, isolated event, one not to be But this, and any other similar conduct, repeated. should it occur, are offenses that should be reported promptly to Public Safety and to either Dean Alpert or Dean Newell in Room 312. As a matter of honor and personal integrity, I ask each of you to report any information you may have which will help identify those who engage in such acts. Whatever the evidenced bigotry whether based on race, ethnicity, religion, gender, handicap, or sexual orientation it is equally despicable and to be condemned... — — FJ/VISH THF 3~OE>. Sincerely, David B. Filvaroi E Dean and Professor of Law 2 Wednesday February 13,1991 • The Opinion �RsTb W W ■ ■ ■ /k. fR! Ik'"' ■-■ B\ ■ llvSrabifl I J f A m I ■I Jr I v \l I llf'-VI M W W I I v 1f I m M ■ v v If m II V * I |1 c r r m VPV b i I # Friday, Mai-eft 15, 1991 ! PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. I (Happy SfcjJMMck* Day!) [ 1 I NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9,1991 i Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREEXo students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 U; j- ■ '•. .•. »}*'**'*e* vv<• %' ;, ■ , - ■ :.« • : % :•■'■ ■ '■'■ , .-'.. / ' ■'■-.>. . , • •'•' I I v' !'. \ -,->• ■■■■ ',-,,,,•■■■■ •■■ ....... ' ; .-■' •' ■ ■ ■--■ ...•■.■ ■ > ~ • I W ~ *8 �Opinion _JFi Volume 31, No. Februaryl3,l99l 10 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jo hn B. Licata Michael D. Gurwitz jjm Monroe Ron Rusczyk Where Are The Voices? — J it should have been. Have we resigned ourselves to fate? Is our apathy, our lack of activity, a sign that we no longer feel ourselves capable of affecting, even In some small way, the actions of our country. Democracy is government by and for the people. It is the people who tell the leaders what to do, not the other way around. If the people of this law school have given up hope of influencing the course of this country's history, what does this say about the general population? The time to organize around this war is now, why the missiles are flying and the people dying/This is not a war between Patriots and Scuds— it is a war of human beings against human beings. We at this law school have a responsibility to educate each other and those around us of this terrible situation, and to ask accordingly. Let us not look back upon this war, as we have on so many others, and ask ourselves: how could we have let it happen? War, left unchallenged, has a nasty habit of repeating itself again and again and again and again... Staff: Nathaniai Charny, Lonny Cooper, Darryl McPherson, Pat Miceli Contributors: Steven Kaye, Hans Tirpak, Tom Winward and all you romantics ©Copyright 1990. The Opinion, SBA. Any reproduction of materials hereinis strictly prohibited without the express consent ol the Editors. The Opinion is published every two weeks duringthe academic yuear. It is the studentnewspaperof the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The viewsexpressed in thispaper are not necessarily those of the EditorialBoard or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo, NY. Editorial policy ol The Opinion is determined collectively by the Editorial Board. The Opinion is funded by theSBA from Student Law Fees. The Opinion welcomes letters to the editorbut reserves theright to edit forlength and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please donot put anything youwishprinted underour office door. All submissions should be placed in law schoolmailboxes 677 or808 by thedeadlinedate. Deadlinesfor the semesterare posted in the mailroomand outside The Opinion office, 724 O'Brian. T>i j. f\r \ Classes.- 1 I ;—I "1 So WXW ••■fU dreed, 1 I ' / y DtV.nJ >t> m»J I The Deadline for the next issue of The Opinion is February 25 at s:oopm Please submit articles to box 677 or 808. j 4 Wednesday February 13,1991 • The Opinion Weighty Argument Against Faculty Statement Dear Editor: The law of gravity discriminates against fat people and should, therefore, be repealed. Anyone expressing opposition to this repeal will be showing his or her discriminatory "weightist" tendencies. As with racist, sexist and homophobic ideas, any evidenced weightism is to be swiftly and openly condemned. From this point on, in this law school, gravity should be apportioned amongst students such that all persons weigh the same, with the exception of historically fat people who should be allowed to weigh less to compensate them for their past unfair treatment.. This repeal would fit nicely with the leftist practice of attempting to use the law to alter reality. Sincerely, Hans Tirpak A Valentine's Day Letter to Dean Filvaroff In the halls there is less activity, fewer signs are being posted concerning domestic issues and the level of organizational activism has decreased. Either student apathy has received a dramatic boon orthe Gulf War has tempered our ability to devote the intense level of energy necessary to promote the events that distinguish the law school experience. The Federalist Society, usually the sponsors of interesting debates, hasbeen dormant, and the National Lawyers' Guild has almost fallen out of sight. The Gulf War engulfs us, yet we are deprived of its details. Unfortunate as it may be, this is the first war that ever demanded the physical excellence of those journalists wishing to cover the frontline. Here at school, physical wellbeing is not required to participate in a discussion of the GulfWar, yet the only teach-in to date held in the law school was met by sparse attendance. For many of us, this war is the first we must confront personally as adults. All the other wars with such immediate impact were fought while we were children. All the other wars have become oral, video, and textbook experiences. All the other wars are what we studied, not experienced. This war is it is happening now, as you read this. different Why then, In the midst of such a momentous occasion, are our halls and classrooms silent. What Is the cause of such apathy In the face of so enormous a situation. To be sure, there have beep several demonstrations on campus, both for an against the war. But even then, attendance was a fraction of what . OTPHINEMAILBOX To the Editor: This letter is in praise of Dean Filvaroff's handling of the latest act of harassment within the law school. This may come as a surprise to many of you who have read my articles throughout the year and those who have heard my views about the infamous faculty statement. To those who recall my criticism of Dean Filvaroff's handling of the attack on the students on Coming Out Day this may even seem to be a contradiction. Allow me to explain why this is not the case. Dean Filvaroff's letter to the students, dated 2/1/91, in my estimation is precisely the type of reaction that was called for in October of 1987, but instead took the form of thefaculty statement. This school, the administration, the faculty, and the students have a second chance to address the reprehensive acts of a few (maybe one) students without trampling the rights of all students. In his most recent letter, Dean Filvaroff has taken an important step in doing just that. As per the Dean's request in paragraph 5 and my own feelings on the situation, I do denounce the actions of a coward, who vents his anger and hate on other students through anonymous threats. Also, should I come across any information as to the identity of the perpetrator of this act, as a matter of honor and personal integrity I will pass along this information. Asfor my opinion, my criticism of the response to the Coming Out Day incident and my praise of this letter hinge on one distinction: the presence or absence of mention of the faculty statement. The first was, to me, an opportunistic defense of the faculty statement while the latter is a denunciation of a depraved individual and an appeal to the majority of responsible students in this school. It was not an attempt to trample on the rights of the many in response to the transgressions of the few. I maintain my distaste for the faculty statement. There is, after all, a world of difference between the requirement that my "absolute right to liberty of speech must become tempered in its exercise, by the responsibility to promote equality and justice" and an appeal to my sense of honor and integrity to do that which is right. Where do we go from here? First, bring these problems out into the open where free speech works best. Bring them into the classroom; we are, afterall, an institution of learning. Don't banish them to sensitivity sessions as other schools have done or let them fall away into disciplinary hearings assuming the due process alluded to in the faculty statement provides for such things. These are breeding grounds for the underlying hate that is the cause of these problems. Second, recognize that hate is not exclusive to women, Jews, homosexuals, blacks, asians or other "historically oppressed groups." Hate is an unfortunate part of human nature that in the end occurs between people. The faculty statement, and to a degree Dean Filvaroff's letter, treat hate as a problem between groups by treating racist, sexist, homophobic and other anti-group hate as somehow different. This falls short of contending with the emotions of hate which, unlike individuals and groups, does not discriminate. I thank you, Dean Filvaroff, for putting this school back on track by focusing the bulk of our attention onthe hateful acts of an individual. I only wish that this approach had been taken 3 1/2 years ago. I hope we will continue in this vein to address the problems caused by the few without compromising the rights of the entire student body. Tom Winward ' aSSi^mtnb! NOTICE: STUDY ABROAD The University of San Diego Law School will offer clinics in London, Mexico City, and Paris this summer, as well as study by the English tutorial method in Oxford. In Paris and London, second-year students may work for credit in law firms and corporate counsel's offices specializing in EEC law and international business law. Thereare also Paris internships with international organizations. Most of the placements last six weeks. The student's work depends on thelegal problems in the office. Students can expect to doresearch and draft contracts, opinion letters, and memos. They may participate in client interviews, negotiating sessions, and firm strategy planning meetings. Available to both first and second year students are London credit 6-week internships with barristers that cover a full range of English trial work, and non-credit internships in Mexico City with international law firms. The Oxford tutorials allow the student to study law in the English manner, researching and writing papers and discussing them one-on-one with Oxford dons. The clinics and tutorials are in conjunction with USD's 6 summer programs abroad. They are in Dublin on international human rights, London on international business, Mexico City on law of the Americas, Oxford on nonbusiness Anglo-American comparative law, Paris on international and comparative law generally,and Russia-Poland on east-west trade and socialist law. For further information, write Ms. Cindy King, USD Law School, Alcala Park, San Diego, CA 92110-2492. �GROZ UND ERO Ask Not What You Can Do For Your CountryAsk What Your Country is Doing To You by Michael D. Gurwitz Layout Editor What the hell is wrong with this country? I've no doubt that almost everyone whom fate has seen fit to deposit in the United States has asked themselves, at one time or another, this question. I've also no doubt that, given the diversity of opinions in this country, people have asked themselves "What's wrong..." for all sorts of reasons. For example, it is a historicalfact thatfollowing the police riot at the 1968 Democratic convention in Chicago, and following the Kent State killings in 1970, therewer3 people who shooktheirheads and said that the demonstrators and students, respectively, had it coming to them. And I'll bet you my newflag decal that a good number of those people watched the news coverage of those tragedies and asked themselves, "What the hell is wrong with this country?" This editorial is not meant for those people and their modern day representatives. This editorial is for those people who believe that our political leaders have cynically used the concepts of patriotism and communism for their own greedy ends. This editorial is for those people who believe that the tremendous resources of this country—its people, its raw materials, its wealth— are being bled dry by and for the benefit of a wealthy few. This editorial is for those people who believe that the Right is Wrong. In short, this editorial is for those people who have somehow managed to look beyond the chicanery of the red, white, and blue and see with clear eyes. Angry? You betcha! I'm like Jay Leno—l've got a beef (only in my case, it's tofu.) Malcolm X was once referred to as the angriest black man in America. Sometimes I feel likethe Jewish Malcolm X. That's me—Moishe X! What got me started on this tirade? National Health Insurance in the United States, orto be more precise, the lack of it! It was reported by National Public Radio that, in addition to the approximately 37 million Americans who have no health insurance, middle-class Americans—those with steady jobsand homes—are now beginning to lose their health coverage and joining the ranks of the unprotected. The fact that 37 million poor Americans lacked health insurance is an outrage. The fact that they are now being joined by middle-class Americans is an unpardonable crime. Instead of making things better, our government has allowed things to get worse! The factors involved in this calamity are complex, but several stand out. It's no secret that underthe Reagan Administration, social programs were cut or eliminated in favorof feeding our already bloated military. People just getting by on the cruel joke known as the American Welfare System suddenly found the last threads of the "safety net" pulled out from under them. Reagan's "Welfare Queens"werenowforced into choosing betwen feeding their children, paying the rent, or seeking medical attention. Hospitals began turning away patients who had no insurance, and it was common to find sick and injured people languishing for hours in crowded clinics and emergency rooms. Meanwhile the fat cats who make and sell weapons (our"arsenalof freedom") got evenfatter. The present health insurance crisis— the oneforcing middle -class Americans into the same desperatecircumstances as poor Americans—is being fueled by skyrocketing health care costs and concomitant reluctance by the insurance industry to extend coverage to a growing number of people now classified as "risks." In certain cases, insurance companies are delaying, or even refusing to pay, medical bills ofpeople already covered. Insurers are using every means at their disposal—including well-trained lawyers—to nit-pick their insured to death. An example of the devastation being wrought by the current crisis: a middleclass family out west lost their health insurance coverage when it was revealed that one of the family members had a prior medical condition—insignificant in pre-crisis days—that invalidated their coverage. One of the children in the family developed leukemia. By this time they had gone on Medicade. They were told by their doctorthat the only chance for their child's survival was a bone marrow transplant, a very expensive operation. Too expensive, it turned out, to be covered by Medicare. In desperation, the parents appeared on a local television station and appealed for money. They raised $200,000 and their child had the operation. Unfortunately, it was unsuccessful. The point of all this is not to demonstrate that private contributions are superiorto guaranteed health insurance. It is to show that a family was forced into a situation wherein theirchild's life depended on the charity of strangers. This family was lucky enough to raise the money. Other families have not been, and will not be, as lucky. Luck. Is that what we have to depend on? Will we be lucky enough to appear on a television show and begfor money? Will we be lucky enough to move enough people to give us money for an operation? Maybe we'll be lucky enough to avoid ever being sick or injured, and just forget about the whole thing. But why should luck have anything to do with it? Why should health care be a privilege, and not a right? In America we have the most rights in the world. That's what I was brought up to believe. Lemme see, what rights do we have? We have the right to be protected by nuclearweapons. We have the right to tinker with a Strategic De- fense Initiative. We have the right to smoke tobacco which is subsidized by our government (we also have the right to get cancer and pay hospitalbills which are not). We have the rights to Patriot missiles and B2 bombers and napalm and gas masks and camoflage clothing and body bags. We have the right for our government to spend $300 billion on "defense" in the coming year, but we do not have the right to guaranteed, topquality health care. Something ain'tright. Ourgovernment funnels ourtax dollarsby the billions into the Department of Defense, which should more aptly be called the Department of War, but when it comes to National Health Insurance, they cry poverty, orworseyet, socialism! Therein lies the irony and the shame, for in this country, it's patriotic to have socialized warfare, but anti-American to have socialized me_djcjne.. Pentagon brass and right-wing ideologues tell us that the military exists to protect our lives, but if they really gave a damn about our lives, they would make sure that every man, woman, and child in this country had access to safe, quality health care. It all boils down to priorities. If you put aside the rich arms merchants and the fanatical right-wingers, who have their ownreasonsforsquanderingour nation's wealth on weapons, you are left with a sad but inescapable conclusion: the people of the United States believe that it is more important to spend money on weapons than they do on one another. Maybe this is a result of clever propaganda, maybe it'saresult of widespread testosterone poisoning (just go to a proOil War rally and you'll see what I mean), or maybe it's just a horrid legacy of our puritanical origins. Whatever the cause, it seems to me that the United States is very good at killing people, but very bad at saving them. So I ask again: what the hell is wrong with us? The Politics of Patriotism By Darryl McPherson Staff Writer If there can be a catch phrase for this war, it's "I support ourtroops in the Gulf." It's a phrase bandied about by those on both sides of the debate, an attempt to prevent the emotional devastation left by the Vietnam War. I don't doubt the sincerity behind the words; I'm sure anyone who would bother to utter them would mean them. Yet the statement isn't absolute. In this war, in this world, nothing is. My feelings regarding the war are mixed at best. I'm not—I can't be—firmly entrenched on either side. Before the war, I supported George Bush and his actions in the Gulf (much to my horror). But slowly, I came to see thatthis country was on a dead end path to war. I saw Bush steadfastly refuse to use every last available method for peace. I don't care what anybody says, we did NOT exhaust every possible avenue for a peaceful solution. I believe the setting of a deadline closed the door, and made war a foregone conclusion. Atthe same time, I realizethat we may have had no choice but to go to war. Saddam Hussein had to be dealt with, and the problems in the Middle East have been simmering for quite some time. I doubt anyone could've prevented it from eventually boiling over. There was going to be a war, no matter what. It was just a question of when. The problem is that the passing of January 16 brought on the war, but it didn't eliminate my doubts. America fired the first shot. I though we didn't do that kind of thing. Sure, Iraq invaded Kuwait first, but that was months ago. Saddam Hussein proved he was a barbarian, did we have to follow suit? (That's not a suggestion that the American forces are barbaric, rather a criticism of U.S. policy.) Now that we're in it, I want us to win it and frankly, I don't care how we do it. However, I won't walk in step and declare George Bush a good leader. I know a betterpresident could have avoided this crisis, and if it couldn't have been avoided, a better president may have brought us into it in a more palpable manner. There was too much immature name calling, macho breast beating, ego and pride guidingthe situation. These are not the hallmarks of a respectable president. I'm not a hawk, nor am I a dove. If anything, I'm an owl, still a predator, always observing, always dangerous. There is no neutral position. You can lean more in one direction than another, and that stance may not be firm, but no one stands safely on the sidelines. As in most political debates, the sides are polarized and uncompromising. Those in the middle have to protect themselves with comments like, "Philosophically I'm against war, but..." and "I support the troops so much, I want them back home safely.." People have taken to the streets on both sides to airtheir perspective on the issue. Anti-war protests and so-called support rallies inform the world how various people feel. They provide forums for emotional discourse and collective strength. You wouldn't catch me attending one for either side. I can't gofor pro-waractivities because they are outlets of overly patriotic posing. To me, America and the United States government are two differentthings. One is great, and the other can be abhorrent. I can support and hope for a massive American victory inthe Gulf, while utterly rejecting the American policy that put soldiers there in the first place. I'm not consumed by Vietnamguiltthat compels me to publicly "support" our troops. My sympathies go out to the appropriate parties and I would never badmouth a soldier doing his or her duty, but how much more do I owe to someone who should be intelligent enough to realize the diverse sentiments this issue would bring to the national forefront? Anti-war protests are curious things. They are the stuff of dreams, a pursuit of a lost ideal. True, they helped end the Vietnam War, but personally, I believe it's too early in the war for them to be effective. Public support for the war is too high. There are too many "professional protesters," those who protest any and every action by the U.S. government or any other corporate body deemed to be politically incorrect. I won't dispute their right to speak, but if they speak too much, those with the power will stop listening, and that helps no one. Myadvice to anti-war protesters, adopt the American flag as your symbol. Cherish it, protect it, respect it, and rememberthat it's yourflagtoo. Burning it only serves to inflame people who may otherwise be on your side. The flag is a symbol of your liberty to speak out, a symbol of what you want this country to be. Patriotism isn't a warrior's concept. It's a value to be held dear by all peace loving people who are proud of what it means to be an American. I love this country, I hate this war. Wednesday, February 13,1991 • The Opinion 5 �l?§y More WJ S3&)X W& SW /T7 --? Ot «TVI Sfl \\s r, VJX _f • £?■ 'IP \ t&P^l SW .*—. { I i \ ' •«■3 'i : / * /£'■-. \ a 11 Jftl ..*&*2 \w |W \1 *>■*£$**■ vf\l<; 1 fs. v \\ \ v / > ""'>fc / ■. W*T' • I X " y'f V \ V —The Lolly Pop Girls '■ j A .<£%s ~.,. « ; . iJ ? / ./^""""■-. ■a**-'"'-. V"li < ■*.*'"#«• ls ofe** *■ \V \ „ %¥• F.-\ \ \ Hi f / / 'vCT" / .:£ ijggr y , KX&i M -' c- t\'t?i». • — You still make us drool Red + Matrix — sincecontracts.thewayyou described promissory estoppel REALLY turned me on! I tnink you're the dreamiest, you look like Your. Blue Belt: You're my karate king— Long Wang lives! '■ \ . / / Stop by some time for a few laughs & some cinna- mon rolls Class —Evidence \ >•-- \ Hey Buzzard:. *Z...4? S You may never see this \ ; adorwanttobelieveit...but ; M -^^'?' *X #\ tne truln is sti care or V \ \ \....s ! '' f <** / f. ''sjE~--\ John C: ..i. 4 '■■££&'*• / L \ / % / ~-&$? \"■ ~ ? •**,«* f/ -ftiC* fv \ / Vv*-'" v J \>s*v. /"" \_ / < •■. IIP*";' ' "\ /,. | V ° I fQ^L 1 V\ j A „ ;•,:■--<' V\hot if f\ \ '' <g*y / | ' g£ viscious and snide. With our lack of imagination, we couldn't let it slide —The Baldy Crew ■ aS#Jv We have shared much, learned and loved. From Bear Mountain to Watkins Glen, we have formed a bond that Will never be broken. . —Jewish Boy — PlanetJanet: Love that chalk mark! —Statutes class O Master of Time! Thou turnest seconds into hours, and hours into days. Thou art etern''y personified. Pamper me baby! —Dumpy —Red & Matrix -V : ;-9 taped over all of your I Star Trek tapes in order to reoord a "Who's the Boss" marathon last week. Do j you still love me? Wednesday February 13,1991 ' —Bookend #2 To all the women of Section 3 and significant others! Happy Valentine's Day. —Your friend Michael O. (the guy with the hat) — ■ Bruce: Will you lick my toothbrush? —Howdy Doody ,/?r3§^kv—-^^s^ $M?ffl&sis&HlaP Tara Is it true?Can it be? It's a video bloopa! Have you given your heart to a Nepalese sherpa? 1 ex: Alex A Wait for me outside the library on Valentine's Day _3 p m We N just te|k p, ease be here —Charles Shayne' You are valentine Frenchy: . honey .p ie| my bug-head and my You're really quite dapper Withfootwear so hip But you'd sure look older With more hair on your Big Eye BoQ love You _^ Section 2 Parties Rock!!! Thanks Jamal, Karl, Leshawn —The First Year Class GS' | wonc|er what would have happened if there was no Giovanni's. Happy Valentines Day, I love —lerk Iwentdowninaballoffire.andnowlieinaheap Je This is my last chance, please, please be my Valentine. —V —— Shirley: —Gallant . Mm,hmmlSometime,somewhere,guitar,wine & what? Mm, hmm! Happy V.D. I T.J.H.: — love you, will you please tell Angela to kiss my —Love, M.M. — You don'tknow me, but I Valentine's Day. pgp c |_c p ue . ff: . Grade 2nd year: likes you lots. Kisses and lust. Bubby: Roses are red Violets are blue You are indubitably My Sweet Baboo. —Love, your Shmaltz Queen —— Raymundo: — It's a totally different egg happy Valentine's day and remember the birds waaaaaaa. a house tonight and /=s*cS«k ejLa Iw' tfJS_ W*«slsi*3 WMJFjEf. J /J J I -???- — Claudette: You've abilities beyond counting, And friends by the dozen, But from tasting your brownies— Get an Easy Bake Oven. JBL Maria (3rd Year): Hey baby silk screen me a shirt & whatever?! Roger D. —KSM —— Thanks for proving truly blonde. -Cheektowaga Elementary sth grade class Dave: I can't wait'til November 2, Rebecca: You're such a cutie! Jim is a very lucky guy. It'll be a shame when you graduate and can no longer feast my eyes on you. —Anonymously yours 11, bb! llr"a Nilm mi \, I T| *>ag Laurice: You have touched my soul, too. ** -An admiring student Betsy (3rd Year): Hey baby, make lots o'money & support me! —Surfer Dude Margie O.: We all love you. Happy V.D.?!? Ha Ha Ha Ha — Da Hogs You have elan, a man of great style. As your class we enjoy, staying a short while. —Your class at night —■ • The Opinion , longer abide. Who LuvsYa? Do! —That's Who! (Eva Take rrTTJ Wade: . Debbie: Can you ever forgive me? Do you wish you'd said no? If you knew at your wedding You'd end up _J_ in Buffalo? of ashes. Only youcould rekindle the fire. Happy —M.G. ——— _ I'm naming all six of my sextuplets after you —A woman you met [just once. — Goofus: One's treatment of people shows the mettle inside. The hollow excuses you're giving HI no I . "«»• I You are the light of my life. cannot waittil the day we get married. —Love? If we just had a rope You'd sure be dead meat. —U.B. Law \~Mr'lll^^^^^^ MkoX^—'^ you Marc B.: Tupperware 9: Your comments in class Have us all out of our seats Eva&Pam: . .v •, aplomb-no, v It~ns with special itvs closer .i to gloatwhen a movie is mentioned its your cue " Catholic Girl: M.S.: Wanna come over to my study dicta and holdings? , T~k i time. I y'ou| witn a our ba S9a9 e m surprised that we've managed to become such pals. Let us keep the hope that we continue not to mope at the same —' —I You're so vain bet you think this personal's for Don,t y° u? Don,t y° u y° u? \ Dot: Looking forward to lots ,a\ of lau9hs, bowling, and quarters at semesters end. j^K--.."^•\-'i-..-s..V N '*'■■&•■'"- You're mean, unclean, _ Saddam: —B.C. D.G.: A man so unique, cultured and refined. With your buttoned down shirtsand shoes all the time. jCr change in —WEN Help! Desperate! Sinking fast. Help. Wesuremissyourlaughsocomebyordropaline. Selina & Christina: Yeah, right?! Ha, Ha, Ha, Ha, Ha! As you ride into the sunset toward that coast in the west you can always tell people "Well, tried my best." YoU rs Truly, Friends of Linda. —SA — — 7 Steven S.: TALSW: m know you! Gary: \ ■■•''/ *£? ..-'.■• TZ*. / .Jm While you espouse Marxist Dogma, are radical Mike A: I / we can continue our friend- I may not know you now, but I'm sure that will June. ship sj_ejy. *' nair. Thanks for all the memories and memoir material, and preach restraint, we're sure you like Colin P., and think Ron Reagan's a saint. —Your Readers you very much & only hope I'SWf;f:y- . I '' " * You're consistent, handsome, suave and debo- Mr. Zero: —A Ha (Ha, Ha, Ha) \ Jodi: 7 Mike A.: —The Library Crew Mmmmmm.O.K.! —Willy 4 $ love you. 77; 7. Milano Z Cookies: If you invite me, 111 come for Passover, but not as the driver! Happy Valentine's Day. —Peace —T.W.9 Barbara & Colleen: Ethel: �' Marc B. 77; — Such a prolific writer Valentines by the pound. To omit one's better half is a policy unsound. -Dale I ■— Piero: I've had a crush on you —Love, »/- — I've been locking in my freshness much too long. Release me. .sfev Chipper: (^^r^mwmk \\jsL^ Jodi: Your smile is sunshine, Your dreams so ambitious But you balance the scales being so mean, nasty and vicious, vicious, vicious. —Maybe the Baldy Crew you vicious, vicious, — Bark, bark bark- that means "I love you" Though the mountains may slip into the sea below, Whether we pass in Valhalla's halls or the valley of darkness, we'll still simply say "Hello." —Hello Again — You could be dancing on tables or telling Annenian fables, you'll probably be gossiping on the phone, if you're spending Valentine's day alone. — W.M.: —Maria Happy Valentine's —Snuggluffabunny KimS.: You know you want me. Serenade me with a ukelele At the layout, you always rule 'Tis not thy birthright, O Stubborn Mule! Rhonda: Hose that thang! | want to shine your Italian loafers -. Secret Admirer * Jonn L Dear George: —Your Chicago Buddy Scarlet: With yourmercurial mens rea and spirit untamed, While I'm nojudge of friends, You're doing a good job just the same. JohnL: Ponch from CHIPS ■>'"'' ■' —Your secret admirer IOayilove you very, very much. " Hurlie. -J Bl —Love, Lissard Mrs. Ulmer: YourlastfreeValentine's y°u were t0 nave Da yone last "Whirlie," I know it would only be with Bobby / "Sf 1 jf* ~ ; —zr~. Happy Birthday —Love, T. >tf£.. ~> :±J '\. Jr#-~.N4 % / * Hf iI of /I MtUn / \ ■ Hit / \. I things have changed. Have a wonderful Valentine's Day and a very ' SMC Chick: You conquer your problems Upon a challenge you thrive Don't worry about the future Single homeowner at 35. -Albert You still mean the world to me. It's just that Hey T' / '"•■,». I hope adjusted your seat properly. Stop in and see me at Bart's Bicycle Tara, John, John, Chris: Happy Valentine'sDay vicious people. —Jodi «&SS\ *£>? \V I m—Lady -v\ ..3gk r • Fanatic Admirer: Are you as sexy, attractive, and funny in real life as you are on paper? doubt ...■■"■"/ -;::-..,' ■"" ; .'sx /" \ WeLuvYou - Afr. V"» Mike' few weeks. ?!XOK Dear Leonard: I've been waiting a long time to meet you. took a number like you suggested, and now my time has come! HI be waiting... —Edna, #604 Lissard' Love You —Your Little What Not f Marilyn Q: Happy Groundhog's Day —DanQ — Oh, wait — Yes I can! It's been swell, keep in touch. you I I _M V. • can't imagine living without Sheriff Truman' love you Jr* \\ — how will you know Happy Day sweet friend who thisis? Lessee...the only person who walked dobie with you perhaps. Scratchy: Yes please. Chris \Wkio, \\ \l /rit\S* I. / A 1 I lf% gs. WatkTvL '"'■■<JF~-Z\ W I a A fa _WO\li /^ ™ (f I ILifti , r»-\«?V^. V./ ia f I* C/\ /*>/"k n ( VlVy \W H? V /"» /fVL NJ \J * Py — : lemonade? \£§@3 ltcny Scan: My children are heckled, my house has been egged 'Tis true on my contract you could claim l' Ve ren eged; But please call off the lawsuit- I've nowhere to hide. So missed by two feet- I'm I sorry. —S. "Norwide" Sue Z., Section 3: ss ss ss ss i ' j ßl_. _!kSM' Thanks for being a supportive friend these past I wee, wee, wee!! Love You! 1991, but until then -Kathleen p.s. you make everyday Valentine's Day. Jodi: Throw Grog, throw! Throw throw throw throw throw throw! _ Dave: You had your fun, the Giants won All we can say this Valentine's Day, Is that you're still in Buffalo and not Tampa Bay! Dana: You are the most beautiful and sexiest girl I have ever laideyes on. It's a shame you're taken. See you in family law. —A secret admirer Jackie' You sexy littlegymnastyou!! You drive mewild. —Peter �sdfasdfsdfsd The Docket What: When: Where: Blood Drive. February 12 from 10:00 am - 4:00 pm. First Floor Lounge, O' Brian Hall. What: When: Where: Lowdown Free Training forLegal Advocates for the Homeless. February 12 & 14 at 12:00pm -1:45 pm. Buffalo City Court House, 50 Delaware Aye. Free training in order to help people more effectively advocate for the homeless. - What: When: Where: Lowdown: Paul Muldoon, environmental activist. Wednesday, February 13 from 2:00 4:00 pm. Faculty Lounge, Room 545, O'Brian Hall. Topic: "An Environmental Bill of Rights for the Great Lakes Basin." What: When: Where: Jessup Moot Court Orientation Meeting. - Wednesday, February 13, at 3:30 pm. First Floor Lounge, O'Brian Hall. What: When: Where: Students for Constitutional Concerns Meeting. Thursday, February 21, at 5:00 pm. First Floor Lounge, O'Brian Hall. What: When: Speaker - Venerable Lobsang Jinpa Friday, February 22, at 2:30. - Jodi: Give it up, darling- It'sall in your head. There's no way on earth That you should be wed! —Still Not the Baldy Crew Rodger: I want you, I need you, I love you. —Yours truly, Elvis. Brian M: Though you claim to be blameless, I still have the blues, In your absence I'm dateless —Your love, Syracuse. Dear Guildsters: Tho' th harsh waves of public scrutiny May beat mercilessly on thy halloowed shores The shining beacon of truth and justice Shall shine for ever- more. —Love, A former membership director and devotee Ruby C: Ooohhhh, oohhh! Happy V. Day Maria: Marry me and bear me many children. A sonbear me a fine strong son! —Olaf Kelly Sec. 2 (red hair): Oohh Roger D. We thinkofyou when we spurt shampoo.Keep it clean. -Jersey St. Juveniles - Alex: Domesticated or not Luvs ya anyways. —ABC? Mikey, J.D. + M. D. = love and $$$! Tawny M.G.: Je t'aime.. .beaucoup et beaucoup. MW: — 1436. 143(11). 1438. 4352? 4? YW baby: CPG's? —ILM Particularly during these times of war, winter and the tortures of school itself, It is a joy to have a tremendously fabulous babe like Christine D. Shining brightly through the gloomy days. —Love a secret section 2 admirer Bernadine: The hogs love you! Josie: Take me out sometime?! M.K. — Craig: Bob Squared (Bob2) Section 2: Take me to paradise in your 'SAP'mobile this Valentine's Day. —Your Taiwanese Tigress Susan (Secton 3): Blow him off! What abbut me? Leeann: don'treally know you, I'm told you're quite shy YetI you've captured my heart Would please The party ma-chine- —xoox Suite 303 Clinton: Someone must love you?! —XPSYLKU KimP: Yer the best, and I love you. What: When: Where: Lowdown: SASU and USS Legislative Conference. February 22 - February 25. Albany, New York. Youcan get more information on this conference by calling SASUat (518 465-2406, or Ardeshir in SBA at 636-2748. What: When: Where: Lowdown: Presentation byPaula Ettelbrick,Legal Director ofLambdaLegal Defense Tuesday, 2/26, @ 8:00 pm. Room 108, O'Brian Hall. Ms. Ettelbrick will be speaking onher organization's efforts to expand th< legal rights of gays and lesbians. What: SBA Budget Proposal Deadline. March 1. Groups who expect to get money from SBA for next year will have to submitproposals, and show up to justifygetting more moola for next year For more information, contact Brian Carso or Taunya Hannibal. Lowdown: PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM This year's program will be held on Thursday, February 21, and Friday, February 22, 1991. The Symposium is designed to provide students withan opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. There will be vans heading down to NYC on Wednesday, February 20, and returning on the evening ofFriday, February 22. If you are interested in reserving a space, you must sign the interest sheet in CDO or in room 509. A non-refundable deposit will be required. Kellie: To someone elegant, charming and witty: How 'bout dinner for over a Coleman at Tent City? —Not the Baldy Crew Faculty Lounge, Room 545,0 8rian Hall. Jinpa will be speaking on "Forbidden Freedoms: Life in Tibet Under China's Control." Sponsored by the Graduate Group on Human Rights Law And Policy. When: BPELP needs an artistic student to implement design and logo ideas for an upcoming fundraising drive. Interested individuals should contact Brian Madrazo, # 449. explain why? —Lost in your smile My Little Whatnot: A toast, to us Flush! than pizza! —Willy M. — I love your even more WARNING! Last Wednesday and Thursday nights, February 6th and 7th, more than 10 cars parked in the parking lot of the Central Park Grill (a.k.a. CPG's) had their windows smashed in by vandals. Though most of the damaged vehicles were parked in the back of the lot, it may be wise to park in the street until the situation has been , Where: Lowdown: The Graduate Group on Human Rights Policy and Law (The Graduate Group) has scheduled a Human Rights weekfor November 12-16,1991. Other campus groups including Refugee Issues, Human Rights Theory, Social and Economic Rights,Latin America, and Rights ofIndigenous Peoples have joinedthe Graduate Group in sponsoring events and discussions of various subjects. "We need people with these interests whoare eager to help plan and coordinate an event to come forward," explained Joy Mautner, an active member of the Graduate Group. The Graduate Group is actively soliciting additional working groups to organize presentationsor speakers onany specificarea ofinterest dealing with human rights. Last year the same group sponsored a Human Rights week and was successful in gettingRandall Adamsof"The Thin Blue Line" fame to speak with UB students about his experience with the judicial and penal system. Any interested person is encouraged to contact the Human Rights office, room 408 O'Brian Hall or 636-2073 and speak with Joy Mautner. FREE! westLaw Software and Passwords Today, Feb. 13th 9am-spm Who: All Students, especially Ist years Where: Student Mail Room Stop by to pick yours up! Also, stop by to find out how you can become eligible for a $10,000 scholarship from WESTLAW resolved. Wednesday, February 13,1991 • The Opinion 7 �ATTENTION: CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT % fir J§ PH B ■ W Jj W WHEAT VDU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration tee is: $150 $100 $50 Your tuition will be: New York $1095 $1145 $1195 New England New Jersey $945 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 In New Jersey. THE LAST DAY TO SAVE UP TO $150 be/}«Nwcet> BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 BOSTON, MASS. 02116 (212) 594-3696 (201) 623-3363 (516) 542-1030 (6*7) 437-1171 (203) 724-3910 (914)684-0807 FAX: (212) 643-9460 FAX: (617) 437-0698 I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-02-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/13/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/90b899a34c410cf70d23df078231d11f.pdf f8959d0208f944eb03ef5186fca49060 PDF Text Text TO HE PINION , "Window of Opportunity for Gay & Lesbian Rights Volume 31, No.ll STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW by Andrea Sammarco News Editor "AH fags must die,painfully and slowly." This graffitti, scrawled over an LGLSO announcement, was one of the first messages to greet Paula Ettelbrick, National Director of Lambda Legal Defense and Education Fund, during her visit to Buffalo last Tuesday night. Ms. Ettelbrick was here to speak on the rights of lesbian and gay families and social change. Her trip was sponsored primarily by the Lesbian & Gay Law Students Organization, the National Lawyer's Guild, BPILP, and the Mitchell Lecture Fund. Approximately 140people from the school and the Buffalo community came out to listen to her experiences in public interest law. Ms. Ettelbrick began her presentation with an overview of the many problems gays and lesbians have faced and still deal with in contemporary American society. Pointing out that "sodomy laws form the cornerstone of discrimination in this country", she gave as evidence of this thefact that 22 states still have such laws on their books. "The strategy to survive in this country (by hiding one's homosexuality) is exactly the opposite of the strategy to change society (by speaking out)." Referring to the time of the Stonewall Riots in 1969, she la- merited the fact that at that time it was illegal for lesbians or gay men to meet together in public. Ms. Ettelbrick spent some time illustrating her point with references to specific incidents of intolerence which have come to the attention of her office. Despite suchdepressing speculations, Ms. Ettelbrick's speech provided an optimistic perspective of the future of the gay and lesbian civil rights movement, focusing primarily on the rapidly changing status of this group. There was no precursor to the gay rights movement as there were to other civil rights movements, such as the abolitionists or the suffragettes of previous eras. In this light, the rapid advances of the gay and lesbian movements are astounding, according to Ms. Ettelbrick. She emphasized that "Now is the window of opportunity" for gays and lesbians to press their case with the American public. Victories such as Mayor Dinkens' appointment of several gay and lesbian judges to the bench, the repeal of an immigration regulation forebidding gays and lesbians from entering the U.S., and the numerous federal court rulings that do not permit sexual orientation as a basis for denying child custody, bolster Ms. Ettelbrick's faith in the future for gays and lesbians. 'The loss-victory ratio used to be 10 to 1," she said, "but now it's about Ito 1. March 5,1991 Paula Ettelbrick and Terry Mayo, President of LGLSO This is a hopeful sign." Focusing on legal issues, Ms. Ettelbrick emphasized that public interest lawyers are not the only sources of beneficial political change in the profession today. Private law firms often have much greater resources to bring a precedent setting case before a judge, and to push that case on appeal. Legislative aids may provide a pathway for interest groups toaccess governmental representatives, andean influence those they serve. Lawyers must work to "figure out how to break down judges' ste- reotypes, especially in the federal courts," she said. Lambda Legal Defense and Education Fund works nationally through test-case litigation and public education to defend and extend the rights of lesbians and gay men. Lambda is the largest and oldest national gay and lesbian group in the country. One-third of its work consists doing AIDS public policy work, and Lambda filed the very first AIDS discrimination case in 1983. Two-thirds of its work focuses on combatting sexual orientation discrimination. Professors Seek Enforcement of TRO by Maria Schmit Managing Editor University at Buffalo Law Professors Lucinda Finley and Isabel Marcus, along with co-counsel Mr. Glenn Murray, an attorney in private practice, are currently representing the Pro-Choice Network of Western New York in a federal district court suit against an anti-abortion activistfrom Project Rescue. The trial began Wednesday February 6 in front ofJudge Arcara. Mr. James Duane, a private attorney, is representing Project Rescue. The Pro-Choice Network is seeking Professor Isabel Marcus to have Project Rescue member Nancy Walker fined for violating a temporary restraining order which Judge Arcara issued on September 27, 1990. On at least three occasions she has violated Judge Acrara's temporary restraining order requiring her to stay at least fifteen feet away from clinic entrances, and preventing her from discussing abortion with patients uninterested in talking about it or listening to her talk about it. Mrs. Walker is described by the Pro-Choice Network as a "ringleader" ofanti-abortion demonstrations, and has been arrested 15 times over the past four years for such activity. Her activities include blocking entrances of clin- Professor Lucinda Finley ics, screamming at patients, and voicing inaccurate information, such as telling women that if they have an abortion they will never be able to have a child. At the contempt hearing, Pro-Choice Network witnesses spoke of their experiences trying to enterthe clinics: some were videotaped and had their automobile license plates videotaped by Project Rescue demonstrators, others were screamed at even after asking the protestors to stop. Several spoke of women being driven to tears by the actions of Mrs. Walker and her companions. One witness testified that Mrs. Walker continued to harass her even after being told that the abortion was being sought for medical purposes. For her part, Mrs. Walker has denied any wrongdoing and stated that she was exercising her First amendment rights in acting as a "sidewalk counselor." She has stated her intentions to continue confronting women seeking abortions. Mrs. Walker's contempt hearing has now finished. Both sides are now waiting for the trial transcripts, which should be ready by March 7. Attorneys for the Pro-Choice Network and Project Rescue will then write briefs to be heard on April 19. In the mean time their will be an interim hearing for a preliminary injunctionon March 6. While awaiting the ruling, the Pro-Choice Network may file suit underthe temporary restraing order for any violations Locally, the largest fine ever imposed against anti-abortion activists to date has been just over one hundred dollars, forlesser offenses than those attributed to the defendant. Mrs. Walker has violated a federal court order; such violation usually carries a heavy fine. Though Mrs. Walker has stated that she will continue such demonstrations, since the contempt hearing she has been quiet. Second Suit The Pro-Choice Network has also filed suit against Project Rescue members Bonnie Behn and Carla Rainero for violation of their temporary restraining orders; each faces a possible fine of $10,000 Their contempt hearing has not yet been scheduled. Pro-Choice Network may also file additional contempt charges against others in violation of their TRO's. CONTINUED ON PG. 6 HIGHLIGHTS Tibetan Monk Recalls Hardships pg. 3 Battle of the Butchers....pg. 5 Twenty Years Ago Today. pg. 9 Jessup Team Takes Awards? pg. 9 Tuesday, March 5,1991 • The Opinion ' 1 �I —— /IB £B i J.J Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? I H^h9b I^^Hfl \jj Is an offer good upon mailing |989|8 or receipt (Mail Box Rule)? KSS^SS r—-i MHATYfT i* ■5558 Can you be convicted of arson if you burn down your own house? i BAR BRS's Q& A Clinic™ utilizes more than 35 attorneys, available , to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. BAR REVIEW The Nation's largest and most personalized bar review ■ BAR REVIEW ■B?B?B BHftfl ■ J?W?I I V?H?I Ijjj^JlUl HHHH I^^H^Sl B^ESSS HSRI ■JHEBSHHI lfll-594-1#95 914-684-0807 SI6-542-1010 6H-695-9955 101-691-1361 901-794-3910 I �Monk Recalls Experiences and Hardships in Tibet by Srikant Ramaswaml Martin Luther King Jr. once said that "the true test of a man is not where he stands in time of comfort and convenience, but where he stands in times of challenge and controversy." No other statement could have summed up the way I felt about Lobsang Jinpa when he addressed the students at Buffalo. Never before has a man been so praised and so reviled so much discussed, so little - understood. Lobsang Jinpa is a Tibetan monk who escaped from Tibet in 1987. He is currently in the United States to accept the human rights award that is sponsored by the Reebok Foundation. Having addressed many audiences during his trip, students at Buffalo were privileged to hear of his experiences and hardships in Tibet. And when Lobsang talked, Buffak> listened. Lobsang stated that the Tibetans as a people have suffered for years underthe domination of the repressive Chinese Government. They have been denied their rights to independence, and the dominantChinese influence in the region threatens their very existence. The practice of Budhism in the region is stymied, and the last remaining monasteries are under threat of destruction, symbolizing the death of a rich and ancient culture. According to Lobsang, all the Tibetans have wanted isfreedom from China. But as the Tibetans have come to learn, "freedom is never voluntarily given by the oppressor. It must be demanded by the oppressed." And so Lobsang and his valiant people strive hard to free Tibet from the claws of Chinese domination. The results of this have been far from successful. Lobsang spoke with zeal and confidence. He spoke about the personal brutality that he had suffered as a result of resisting the Chinese Government. He spoke about the methods of torture, ranging fromlying on blocks of ice till skin peeled off your body to outright blows that left you witha sense ofhopelessness. Yet, this young monk has been a source of inspiration to many, proving that sometimes it is important to stand unflinchingly for your cause. Lobsang, now residing in Dharmsala, India, also mentioned that during his life he had thought about committing suicide. The Chinese Government had killed his mother in response to certain things he had said about them; his religionthat stressedahimsa ornon-violence hadbeen virtually obliterated; the young in Tibet had lost their sense of cultural identity through Chinese influence. Lobsang cried too, mentioning his ill health on account of being repeatedly beaten. It was a sorry sight. I left Lobsangs talk with mixed emotions. Emotions that filled my mental smorgasbord from sheer pride and courage, to depression and pessimism. The future for Tibet I thought was not a rosy one. But I learned a lesson in courageand humilityfroma young twentyfour-year-old. A young man who could have been enjoying life like the rest of us, free from commitments and obligations. But hiscountrycalled, andLobsang chose to respond, so that in the future Tibet may know how itfeels to be free again. February 15,1991 To: Law School Administrators considering the Computer Lab Opportunity I am goingto ask First & Second YearDirectors to make announcements in Legal Professors classes arxi Eviderce & Famiy Uiw Oasses 1) have ever used the Mac Lab for anything in Bakjy 2) have ever used any Computer Lab on Campus 3) have their own computer but no printer 4) have their own computer and letter qualityprinter 5) would use a Computer Lab if offered by the Law School I have* talked with key people in SBA, The OPINION, Law Review, BASA, and some first and second year students I found in the Mac Lab tonight— Everyone who does not own a computer, thinks it's a great idea. Everyone who owns a computer thinks I's a bad idea. Students who have invested the money for their own computer systems do not wantto be required to pay forsomething they wSI neverorrarely use. Having access to 3LASERJET and 6 imagewriter(Near Letter Quality) printers is a convenience that even computer owners wouldand could use. Also Students could start on things at home and bring themto school the next day to complete. (Those with PC/MS DOS formats can go to a Computer Lab in SEL toconvert it to the MAC format and then convert itback if they wish and the Law Review is considering getting a system to convert too.) Over time, particularly if students were paying for it, even current computer owners would find reasons and opportunityto use computers in the Lab in addition to their ones at home But the gut reaction by computer owners is that they don't wantto pay. Why can! the computers be divided up among student groupsand in the AY Department for general studentuse? Most law students belongto at least one student group and then would have access to a machine. The printers could be in the AY Department, SBA Office, Opinion Office(LASER) and image writers divided around various student groups? This way, SBAfunds allocated to the different student groups would go toward paper and ribbons, surge protectors, repairs and maintenance. jf all the other Computer Labs are going to charge fees to student users, then once While I'd like to see the Lab, if students object to the computer fee, I donl see it working, studentsrealizedtherewasnootherway.andthat atteastthisLab would beexdusivehfor Law Stuclents, then maybe the/dacx»pti Many studertscan not affordto purchase and this then places them at a real hardship for preparing papers, case notes, mooicourt competitions, etc. The seminars often require shortpapers in addition to a main paper. As long as typed papers are being required those with computers will have quite ar-acVantage. Persons currently on Law Review have an advantage with Lexis, Westlaw, Computers, printers, their own Law Review volumes, etc. Not everyone can join thisexclusive cluband the Mac Lab has been 'the equalizer, the means to effectively compete. If you donl want to doa referendum, then what do you want us to do? iy sayabout 35% ofthe entire student body own their own computers. Will the other 65% have to do without computeraccess because the wealthiest students donl want to pay $5Ca semester for the rest of us to have something!? Should this year's graduating Third Years be consulted? Since they wonl be around to haveany charges put on theirbill—and won"»have to sufferthe toss of computer access, I say they shouldn't be consulted in this decision and that only current first and second year and December '91 graduating Third Year should have input. Everyone I've talked to Ike the 7daysaweek,ncorv midnight, holiday, vacation freaks, ete.hUw School buikinQ access, a computer that I've talked to, feel that $25.00/ semester, $50/year (including summer months) is worth it. Could we do with fewer computers and allow students to waiverthe Computer Lab if they owna computed All students paying to use the Lab would have to show photo Validated ID. No Non ID "guests" would be allowed and any caughttrying to use theLab would be billed $25 and given i validated ID status for the semester they were caught. Would our Lab need all ofthe Macintosh equipment? Would IBM/ctone/PC/MS DOS equipment be added to make the Law Lat more versatile and attractive to students who have learned those and be unwilling to learn the Macintosh (which takes I minute to learn, if that!) The only thing that is going to kill this idea wBI be the selfishness on the part of the wealthier who havetheir own computing equ|XTient Basically this Lab is a program to benefit the Have Nots; not the Haves in this Law School! To those law students who use the Mac Lab on abnosta daily basis, $25.00 a semester seems ike a small price to pay. To those law students who are periodic users— say to do a Seminar Paper, perhaps resumes and cover letters, some personal correspondence, etc, then the $25.00 a semester seems Ike a fair price to pay. But even some of these students donl feel that computer owners should be forced tosubsidize the Have Nots. I am getting comments, ike This Law School ought to have had a Computer Lab already, anyway" anti'Why does it always have to be the students who have to pay for things that are really necessary, etc.?" SBA does not have the power to decide this issue one way or the other. Some students have saidthat The Law School could just go ahead and do it— not even consult the students— just institute theLab and charge thefee and the students would have no choict but to go along with it." If you do institute it, you wil get complaints from allcomputerowner students. Studentswho canafford it, have justfiedhavingacorrfxitersystemas an eckxationajaxpense. Many have modems and n^ and Lexis have free use from theirhomes to doresearch 7 days a week, almost 24 hours a day! Donl telme these students donl have an edge over the others—Losing this Mac Lab win make the gap wider. I iked havingthe idea that studentswho up IB now have not had anopportunity to learn howfcuseacomputer.woud have access to free instwdi^ programs, and learn the "power" of computing and word processing. I wouldIke to see the Latorder a Typing Tutor or Mastertype styleprogram because a tot of these students do not know the touch system and those programs self-train touch system painlessly. (It's i<eastarware ganre-You shoot down space ships but you the homekeys and builds and measures accuracy and speed— it's the most painless way to learrto type and is not tedious orboring but fun!) I'd like to see some kind of poll be taken- plenty of publicity, al the pros and cons, and sort erf a defaulstyte vote—Aiouiremfirst arxJseccoi and Yearlaw students who object to the $50 fee wll have 5 days to show ID to Registrar's Office and fill out i Vote No sip and offer comments, etc. Everyone not voting at the end ofthe scteyswillbedeemedtobeforthe(>XTiputerLab Have you all consictered asking the Law Alu I'll keep you posted on whatthe Ist and 2nd year SBA Directors find out from their money? Couldn't we check into some kind ofalumni sponsored funding to bring down the oosttcs3o/yearorsisasemesterperstudent? Or ask Each Student Groupfunded by SBA (Student Mandatory Fees) to offset some ofthis via SBAfunds. SBA has to pay a flat fee fromSBA funds for students to usethe Athletic facilities and not all students ever use those facilities (pool, exercise equipment, running track, etc.) If we could just get the $50 down— I donlthink that even students who own computers would gripe about $15 a semester. One final note-1 donl feel the blind students should have to pay this unless there is modificatbrto enable these to have acx«ss to the equpment. Sincerely, Angela Gott Tuesday, March 5,1991 • The Opinion 3 �THE OPINION MAILBOX ©pinionT^Fll i First Amendment is the first casualty of war Volume 31, No. 11 March 5,1991 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j onn B. Licata Michael D. Gurwitz jjm Monroe R On Rusczyk Responsibility left unmet We recently received a letter which came as a surprise not because of the subject of its contents, but because ofits arrival so late in the school year. It is for thisreason that webreak from editorial policy and comment on the important issues raised by this letter, the text ofwhich appears on page 7 of this issue. Every year, The Opinion is chastised for its contents. Like late , grades, it is a perennial complaint made by a significant number of the paper sreaders. It is a pressing problem frequently discussed among this paper's editors at every meeting and layout of the newspaper. Asa student newspaper, the editorialand staffmembers ofThe Opinion strive to publish a paper thatcombines stories about school events and issues affecting law students, as well as news stories (both legal and non-legal) covering issues and events outside the law school community. Presently The Opinion staffiscomprised ofthree members. Theresults ofour efforts torecruit more students to write for the paper have been feeble to say the least. Two ofthe staffmembers will be graduating in May, as will all but three ofthe present Editorial Board members. In other words,as things exist, there are not enough active participants to fill the editorial positions which will soon be vacated by graduating editors. Because ofthe low number of studentsactively involved in the publication of this paper, many important curricular and extra-curricular events that warrant attention and coverage often go uncovered. Many of ourarticles are submitted by non-staff persons whose contributions are somewhat "slanted." The Opinion is subsequently left in a position to print whatever submissions it hasreceived, regardless of its subjectiveness. As a result, submissions whose places in the newspaper would be more appropriate on the Op-Ed page, are frequently found on pages deserving objectively written news stories. The Opinion earnestly strives for the real thing: an interesting, enjoyable newspaper which adheres to the highest standards of journalistic integrity that a small group of busy law students can produce. We welcome and encourage readers, especially first and second year students, to channel their efforts in helping The Opinion be the best possible law school newspaper by contributing to its production and publication, and not just its Mailbox. Staff: Daryl McPherson, Pat Miceli, Lenny Cooper, Nathanial Charny Contributors: George Snyder, John Chiappinelli, Rob Sardegna, Srikant Ramaswami, Michael Fallon, Ron Coslick, Dave Steinberg ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictlyprohbited without theexpress consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It Is thestudent newspaperof the State University ol New York at Buffalo Schoolof Law. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in thispaper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion Is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinbn is fundedby i.ie SBA from Student Law Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelous content. Letters bngerthan three typed double spaced pages will not be accepted. Please donot putanything youwish printed underour officedoor. Allsubmissionsshould be placedi n lawschool mai Iboxes 677 or 808by the deadlinedate. Deadlines forthe semester are postedin themailroomand outside The Opinion office, 724 O Brian. Seminar Requirement is Overkill To the Editor: The law school currently requires every law student to complete two seminar papers. The purpose being that each student will benefit from the experience of writing a scholarly legal paper. While I agree that this exercise is beneficial to the student, I believe that requiring two seminar papers instead of one is not necessary. The problem, as I see it, is twofold. First, our law school career is short and thus it is important to select one's courses according to one's interests. While there are many interesting seminar topics, some students may prefer to take a non-seminar course instead. For instance, some students may prefer to take "Estate Planning" or "Bankruptcy Reorganization" ratherthan "Law and Social Change"or"Law and the Visual Aris." lam not trying to suggest that these non-seminar courses are more important or more beneficial than the above-cited seminar courses. All lam suggesting is that the student should have the option to decide what type of course he or she will take. Second, while it is true that a student may use an "independent study" to write on any given topic, he or she is still precluded from taking an extra non-seminar course. Writing a seminar paper on a specific aspect of an area of law is a good learning exercise. However, I personally feel that taking a broad survey course in that area of law is a better learning exercise. Theic are somethat may disagree with me. They have the option of taking seminar classes instead of non-seminar classes. I would like to have the option of taking non-seminar classes instead of seminar classes. As was stated earlier, requiring students to write one seminar paper is beneficial. Requiring students to write two seminar papers is, in my opinion, overkill. Furthermore, a student who is required to take a second seminar course or independent study is necessarily precluded from taking a broad survey non-seminar course. Some students may prefer to take two seminarcourses, others may not. This should be left to the decision of the law student, not the law school. Dave Steinberg, 3L 4 Tuesday March 5, 1991 • The Opinion To the Editor: The Persian Gulf conflict has reaffirmed the age-old credo that the first casualty of war is truth. Unfortunately, a second casualty has occurred as a result of governmental manipulation of the media and the pervasive use of military censorship: opposition to the war. In a nation governed by the principles of democracy and dedicated to protecting freedom world-wide, a stem in the free flow of information affects the ability of the public to make rational decisions on whether government's policies are appropriate and, ultimately, acceptable. Since the beginning of hostilities the Bush Administration has engaged in a concerted effort to avoid critical press coverage through the use of press pools. Only a few members of the 500-strong Persian Gulf press corps are selected for inclusion in pools; these members are then subjected to strict rules of military censorship. Military rules require that reporters travel at all times with military escorts, and must comply when ordered to end an interview or to stop taking pictures. The ostensible purpose of such information restrictions is to ensure that the enemy has no access to information that could be used against Allied troops. However, at least some members of the media believe that the collateral effects of this system have proven to be unacceptable. In a lawsuit filed in Federal District Court in Manhattan, lawyers for The Progressive, The Nation, The Village Voice, Mother Jones, and other members of the "leftist media" assert that these publications have been excluded from the pools entirely. The nine publications, joined by 4 writers including William Styron, Sydney Schanberg and E. L. Doctorow, believe that their exclusion from the press pools is part of a larger effort to avoid critical coverage of military activities. They argue that the military's power to review material to ensure the security of its operations also provides the opportunity to censor news that might show the military in a bad light. One instance of such censorship occurred when reporters were not told for over a day that the first Marine deaths came as a result of "friendly fire"; it is still unclear whether this "oversight" was calculated to temper adverse public opinion. Other government decisions, most notably the prohibition on the photographing of flag-draped coffins as they are removed from military transports, clearly demonstrate that the Bush Administration is working to minimize opposition to the war, both at home and in the field. In other instances, the timing of events has been a tool utilized by the administration to curtail the distribution of potentially controversial information. For example, Secretary of Defense Dick Cheney went before Congress to ensure that Operation Desert Storm would receive its $56 billion dollars on February 22nd. The 22nd was a Friday; consequently news of this was not reported until Saturday, the day of the week that the fewest Americans read newspapers and watch television news. Some plans to suppress dissent have even gone beyond mere restrictions on news relating to the war. In England, for example, the BBC felt it necessary to ban 67 "questionable" songs, including John Lennon's "Give Peace a Chance" and "Imagine," Edwin Starr's "War," and M*A*S*H theme song "Suicide is Painless," as well as others including the Bangles "Walk Like an Egyptian" and Roberta Flack's "Killing Me Softly." Notably, few American newspapers deemed this action newsworthy. Much more alarming than the English response to the war, however, has been the American response: private, non-governmental censorship. Around the nation, many radio stations have responded to the war in a manner similar to that of the BBC; they have refused to play songs that might be construed as "unpatriotic." In a similar act, representatives of eight veterans groups in Pittsburgh have endorsed a decision to bar the organization "Veterans for Peace" from using a county facility built to honor those that fought and died in war. The hall chairman told reporters that "we don't want anti-American rhetoric flowing out of a shrine to Americanism." Those who oppose the war are saying that the real issue in the militarypress debate is not whether we're compromising military security. The real issue is whether we as a society will recognize the value of unrestricted access to information, and protect the public's fundamental right to be informed. Will it be done now, they ask, when it is still possible to make the American people recognize the true costs of war, or after the fact, when it is too late to do anything about it? Historically, the military's logic has been devastatingly consistent. It was CNN's man in Baghdad, Peter Arnett, that got the most famous line of the Vietnam War. When questioning an American advisor on his decision to use clearly excessive firepower on a village, a decision that resulted in numerous civilian deaths, the advisor responded "It was necessary to destroy the village in order to save it." Unfortunately, it may be left to history to recognize the tacit agenda of the Bush Administration: That it was necessary to subvert the ideals that underlie the First Amendment in order to protect them. Michael Fallon and Ron Coslick ;i The Deadline for i the next issue of The Opinion |j is March 11 at s:oopm i Please submit articles to box 677 or 808. �GROUND ZERO BUTCHER OFBAGHDAEI..MEETTHEBUTCHER OFWASHINGTON by Michael Gurwitz Layout Editor Speaking of our victory, Iraqi health officials are concerned that the thousands ofdead bodies decomposing in Baghdad will lead to the spread of disease. The United States has generously offered to assist the Iraqis in resolving this crisis. To this end, the State Department is sending over veterans of the Operation Just Cause (we felt like it) invasion of Panama to train the Iraqis in the fine art of dumping anonymous corpses into mass graves. "Hey, itworked in Panama City!" said an official who wished to remain nameless. (Buffalo) Hey, hey, hey! This is Maaaad Mike reporting to you semi-dazed from the desk in his bedroom. Due to the budget krunch The Opinion didn't have enough money to send to me Reeahhhd Saudi Arabia, or even the Rafsanjohnny Hotel in beautiful downtown Baghdad, so like the rest of you, I've been getting my information via sattelite, and boy is the news from space crazy tonight!!! Here's a riddle: Q: How many Iraqi babies can George Bush order bombed in a single day? A: Sky's the limit, asshole! Big Balls Mantra fsav over and overt **********************************�******«**»»******+ Dick Cheney Get it? *********a******************************************* At one of those "Pentagon" (traditional five-sided symbol of evil and quick profits) briefings before the pressed pool of recorders, I mean reporters, one of the soldier-things was asked how the U.S. (that's US!) would respond if Sad DAM HusSEIN used chemical weapons. "Well, we'd look the otherway and increase our agricultural credits to him" saidthe soldierthing. "No no no!" yelled the reporter, "I mean on our people, not his !" "Oh, sorry," said the S-T, "in that case, we would respond massively and mercilessly (or some forbidding words to that effect). Gee, I guess Hussein must have used chemical weapons after a11... Dick Cheney «»««>«........«.....>>«».. ...«..«»«...« »» Flash! I swear to God on the Holy Bible and Billy Graham that only a few minutes ago I saw George Bush hanging out of a White House window, beating his chest and bellowing: "I'm the biggest damn gorilla in the jungle now!" Did you know that it's been estimated that only fifty Iraqi children are dying each day due to complications arising froma lack ofwater, electricity, sanitation, and medical supplies? We liberated Grenada Ta da, ta da! And now we can ignore it Ta da, ta dal We liberated Nicaragua Ta da, ta dal And now we can forget it Ta da, ta dal We liberated Panama Ta da, ta dal And now we can forget it Ta da, ta dal We liberatedKuwait Ta da, ta dal And now we can ignore it Ta da, ta dal We ignored Tibet Ta da, ta dal It can liberateitself Ta da, ta dal We ignored theBaltic states Ta da, ta da! They can liberate themselves Ta da, ta dal We only pick on weaklings Ta da, ta dal We're standing tall again Tadal According to most pundits (beings of the planet PundokJ), the United States has finally licked its Vietnam Syndrome (ie. a vestige ofconscience) —watch out world, here we come! Here's another riddle: Q: How many Americans does it take to brutalize a third-world nation? A: One (the rest will gladly follow) cruise missilewhichcruised intoBaghdad George Bush has succeeded in shaming cost a billion bucks a pop? Did you know Saddam Hussein by forcing him to with- that people are freezing to death in the draw from Kuwait prematurely. "Just streets of this country due to a lack of another case of Kuwaitis Interrupts" affordable housing? Do you think our government knows, or cares? snickered Bush. *************************************************** True Story: I was watching the Tube during the war when Bush came on and started talking. It finally happened! I had an actual physical reaction to the man's voice! I just can't stand to listen to him anymore. This happened to me with Reagan, but it occurred in his second term. Bush has managed to physically sicken me in his first (and hopefully last yeah, right) term. Oh joy! — Seems that Americans have great sympathy for the suffering Kuwaitis, but have great difficulty finding any sympathy for the sufferingpeoples of Central and South America. Hmmm. Maybe our own genocidal campaign against the indigenous of our own country has conditioned us to overlook our support of the genocidal campaigns against the indigenous peoples of our Southern neighbors. ***************************************************** I swear this is true! The United States Marines sent spies posing as salesmen into Iraq during the war. I can see it all now: "Sir this encyclopedia can change your life, Sir!" So you think you've found the perfect summer job in public interest. The work is creative, you'll learn from people who really know their stuff, and you'll be working forclients whocan't afford private legal services. The only catch is this great agency with the perfect job can't afford to pay you. A new addition to the Buffalo Public Interest Law Program summer internship program may be just the ticket. BPILP has designated three of its summer internships this year to be "student-initiated." Students with a firm offer of employment inpublic interest, but no source of funding, need only submit an application to be consideredfor a $2,000 stipend. Internships can be anywhere in the country, the only limits being the public interest nature of the business and that the student have only a minimum ofother funding, such as summer work-study. BPILP considered making some internships student-initiated in the past, but seriously examined the option this yearbecause of the number ofinternships it's able to offer. Thanks to amazing fund-raising success, BPILP was able to more than double its internships, from six Hmmm. Seems like war is good for business after all. United States corporations are slated to get multi-million dollar contractsto rebuild Kuwait. Among those mentioned in the media are GM and Bechtel. Didn't Ronald Reagans friends/ cabinet members all come from Bechtel? GM is drooling in anticipation of selling more than 100,000 cars to the Kuwaitis. And of course, what's good for GM is good for the country, right? Oust see Roger and Me for an answer to that question). Query: Who is going to rebuild Iraq? Will our bloodthirsty Commander in Chieftake responsibility for the innocent victims of his war with the murderous Saddam Hussein? Neitherleader shows any true concern for their respective citizens, but hey, they're both still in power, right? Hey Fed Boys, where's that letter you promised me? I know that it's illegal to advocate killing the President, but how about wishing him a long, drawn-out and extremely painful disease where his pecker falls off and he we won! Let rush into the has to pee through a straw? We won, us and celebrate We victory! streets our only killed 100,000 Iraqis in the Great That's about it. True to the human condition, I am plagued with doubts. I am War for Oil. wounded and faced with the same dilemma which is Thousands more were tall shared by many of you (and you perhaps disabled, but by God we're standing you are): whether to stay in know who again. Viva Manifest Destiny! »11l iiliiiiunimiim llilini this deeply troubled country and try to There has been a storm of controversy make things better, or flee overseas and recently over a Washington Post column watchfrom afar as itsinks into chaos and that called the United States pilots who despair? It's too soon to tell, but I hear bombed Baghdad cowardly killers of New Zealand is auite lovely this time of women and children. That's a bit harsh. year. I wouldn't call them cowards murderers, maybe, but not cowards. LOLA FUND AWARDS $12,500 to BPILP New Twist for BPILP Internships by Gretchen Stork Did you know that each Patriot missile cost a million bucks a pop? Orthat each — BPILP got the icing on its cake last week, when it learned it has been awarded a $12,500 grant from the Interest onLawyers Account ofthe State last summer to thirteen this year. Services, Volunteer Lawyers Project, The money comes in large part from Criminal Appeals Bureau of Legal Aid of of New York. the Work a Day in the Public Interest Buffalo, and Legal Services for the EldTopping off a year which saw BPILP pledge drive, which last year netted just erly, Disabled or Disadvantaged. gain national honors at the National The selection process for student initi- Association of Public Interest Law conover $20,000 in pledges. BPILP members are currently gearing up for this ated efforts will obviously be different. In ference in Washington, the award repApril's Work a Day drive, which will fund an effort to be as fair as possible, two resents two and half times the amount internships for next summer. For those BPILP members from each class will awarded by lOLA last year. who have not yet experienced the madform the committee which chooses the Last year's grant of $5,000 was the ness, the week-long drive asks students projects. A faculty member will beasked first time lOLA ever funded a student and faculty to pledge the equivalent of to sit onthe committee as well. No BPILP organization. one day's salary to help fund the intern- member who isalso attempting to have a The grant, awarded on a proposal ships, which benefit agencies which project funded will be permitted on the written by Graduate Assistants Chris otherwise would not be able to hire a committee, and BPILP is assuming the Thomas and Kathleen Welch, win go student, and students who might otherdiversity of its membership and its own towardfunding summer internships with wise not be able to do legal work over the reputation for fairness will alleviate any Western New York legal services summer. The rest of the money for the concerns students may have about fa- agencies. The increase in lOLAmoney, internships comes from alumni and outvoritism in choosing projects. togetherwith the money from last year's side fundraising done by Public Interest The decision to make only three ofthe pledge drive, allows BPILP to award Graduate Assistants Kathleen Welchand thirteen internships student-initiated rethirteen internships this year, a remarkChris Thomas. flects an effort to tread cautiously in unable increase. Ten of the thirteen internships will be familiarwaters. More importantly, BPILP The lOLAmoney comes at the endof distributed in the traditional manner, with wishes to keep a majority of the intern- Welch and Thomas'tenure, and a year Western New York legal services agenships within the Western New York legal in which BPILP was honored at the cies submitting proposals for an intern, services community, with which it has NAPIL conferencefor having one of the and the BPILP membership then voting worked for many years and to which it fastest growing programs in the counon which agencies will be chosen. In- feels a strong allegiance. try. Third-year student Tara Burke was terested students then submit their reBPILP hopes to announce this year's also honored for most innovative insumes to CDO, and the agencies choose participating agencies by March 11. Ap- ternship, for her BPILP internship with which students to interview. BPILP has plications and more information on the the Volunteer Lawyers Project, inwhich no say in who gets chosen. Agencies student initiated internships can be found shecoordinated local attorneys to serve chosen last year included Farmworker's at CDO or Room 509. Deadlines for indigent tenants facing eviction, in Legal Services, Neighborhood Legal student initiated projects will be April 3. Buffalo City Court. Tuesday, March 5,1991 • The Opinion 5 �, Adventures of 6y Sokn'B. Licata features T.<Citor A few years back a friend of mine needed heip working on a paper. It was due on thefollowing Monday on a subject I'm somewhat familiar with so we were able to breeze through paper without pulling an all-nighter. She got the diploma and I ended up wrestling with the eternal question of whether I had violated any ethical provisionsregarding schoolwork. Of course I had. But, the real question was could I live with my deceit? Would my heretofore tranquil nights be torn asunder by phantasms too powerful to be subdued by a handful of Sominex and a quart of NyQuil? Obviously not. Would I do it again? Let me check the legal ramifications of my answer, then I'll get back to you. My recent soul searching has been stirredby flyers proclaiming the impending MPRE in the middle of March. Ethics. I know a few people, likeable mugs, who tell me that the real MPRE ought to include questions of how to get around the laws and responsibilities hampering the legal profession. Make doublespeak and reclassification of funds go a long way toward establishing the new order of society and liberate the lawyer from the morality hounds intent on crippling the justice system. I just smile at them. After years of wondering how does a person escape the morality imposed by society the answer was given to me by watching the television news. Senators Alan Cranston, Dennis DeConcini, John Glenn, John McCain, and Don Riegle, alias "The Keating Five," were told by the Senate Ethics Committe that they were a big disappointment. Getting caught, no doubt. Cranston, suffering from prostate cancer and already withdrawn from the next senatorial election, was the obvious scapegoat for the Senate but something else was at work here. I needed some expert help to understand the deeper currents ofthis act. I called Charles Nora, political analyst and haberdasher. I quickly outlined my problem with the entire situation including the lack of justice, law and basic integrity. How would this latest letdown affect society? "Mr. Loafer you've to understand that the Senate Ethics Committee is the grandest mislabeling since Leif Erikson established Greenland, since the formation of the United Kingdom, since the naming of the pineapple..." This continued for several minutes as she discussed the nature of society to incorrectly label individuals and organizations. After she mentioned Tricky Dick I brought her back to the Keating Five. "The treatment of the Keating Five bothers you that much? " I assured her that it did. For some reason I was feeling anachronistic, a regular moral dinosaur unable to change with the times. Perhaps I had no time to really call my "Stop being so melancholy, Loafer. Basically the treatment of the Keating Five strikes at the very foundation of the American criminal justice system. Who decides the measure of guilt in a trial?" she asked. I told her it was the fact finder. Years ago I learned not to say jury since some trials only have a neutral judge listening to all the evidence, competent or not (I'm own.. . ITtheali nLoafer: a Legal Gumshoe OnThursday, February 28th, the Black demonstrated, both in past actions and referring to the evidence, of course) and Law Students' Association sponsored a in its present conflict in the Persian Gulf, then determining guilt based upon adforum on African-Americans in the Milithat it is an empire dedicated toexpanding missible evidence. tary. Professors Charles Carr and itsfrontiers and preserving its hegemony. "in this situation the Keating Five were Muhammad Kenyatta spoke atthisforum. The Kuwaiti government is part of the given exactly what the U.S. Constitution The speakers discussed the limitations greater Western empire," he said, "this is promised them: a jury of their peers." of an all-volunteer army in an economiwhy when Iraq invaded Kuwait it did not The simplicity of the problem engulfed cally divided United States. Professor miss a beat. Iraq was really unsettling to me. An actual jury of peers. How often Carr stated that "As long as Blacks and the American empire in the Western had we railroaded men of brilliant diapoorwhites are kept on the outside of the economic scheme. bolical genius through a system of economic structure, they will continue to Both Carr and Kenyatta voiced their unimaginative men and women, resentface the sheer frustration of not being concern that the United States governful of their imposed civic duty. A system able to make it in the outside world, they ment, if left unopposed by its citizenry, where the criminal is actually measured will continue to make up the army." will continue to wage future wars and in the scales by similar criminals promProfessor Kenyatta spoke in terms of aggresive acts against people of color, ises to treat each person according to an imperialistic United States which has both in this country and abroad. their individual inalilenaable rights. Nora Charles was talking again. "If we took this jury of peers thing seriously we would never have been able totry Charles Manson, Claus yon Bulow, or Ronald Reagan." I told her tat we hadn't tried Ronald Reagan for any crime. "Oh, I heard his entire administration was put on trial. My mistake. Anyway, this jury thing is a greaterfiction than the 'reasonable person" standard. There actually is a great deal of credibility involved in the Senate's decision. They have established a firm moral stance when placed under unrelenting public scrutiny. Given this as the norm we can see the integrity of the system lurking throughouttheir actions. The crime wasn't accepting the money, per se, the crime was both accepting money froma political liability (a definite faux pas) and then getting caught. The Senate frowns on those elements," she had a definite Professors Charles Carr and Muhammad Kenyatta spoke at forum last Thursday ability to see inside the minds of the American politician. I asked her if society will ever get a widespread application of trial by jury of Both Professor Marcus and ProfesMarcus stated: "[e]ven people who are peers. sor Finley have donated their time to uncomfortable with questions of abortion "I can't imagine allowing twelve murhave to dealwith why these people (antiderers decide the fate of another killer. represent the Pro-Choice Network because of the atimportance they great abortion activists) have made driveways Yet, if the death penalty were reinst ituted tach to this issue. want to "turn They and streets of health care facilities unthe public might still be satisfied with the commitment into Professor reality." safe." verdict oftwelve people who have killed before. If they vindicate their peer because the victime deserved it, well, that would stop the movement toward a jury by peers. Today the legal system is rigged for those people dedicated to the propositions of white bread and the Grandfather clause. If Michael Millken weretried by a like jury, he'd be rewriting the economy and financial market daily. Are we better off? I don't know," she sighed at the end of her statement giving me the cue that my time was running out. Would the S&L mavens get away with it? "I don't see how we could try them without emptying the jails first. That money is long gone." After I hung up I tried to grasp the subtleties of the justice system. Two mutually exclusive modes of thought counterbalanced to protect the rights of the individual and the norms of society: individual free will v. the collective ideal. ■t' "SI HVhC Hobbes, Locke and Jefferson all fought to obtain some measure of each. Was the American sysstem doling out justice in an uneven manner. Of course. Was the Senate a closer approximation of how the judicial system is supposed to work in the eyes ofthe Americans? We'll find out on election day. Have a Heart GIVE BLOOD Tuesday March 5,1991 • The Opinion 6 Forum Discusses Role of African Americans in the Military - TRO Continued from page 1 Alot ofcanpis rapes start here. Whenever there's drinking or drugs, things can get out of hand So it's no surprise thai many campus rapes invoke alcohoL But you shouldknow that under any circumstances, sex without the other persons consent isconsideredrape. A felony punishable by prison. And dnnldng is no excuse. That's why when you party irs good toknow what your limits are. You see, a little sobering thought nowcan save you froma big problem later �Opinion cited for taking name too literally Dear Editor: As a second year student I have seen nearly two years of The Opinion and am dismayed by the level to which the paper has fallen during that period of time. When I first arrived at UBLaw School The Opinion's excellence as a law school newspaper had just been recognized by its being rated the second best law school paper in the country. Since that time the level of journalistic integrity of the paper has declined steadily, and has reached hew lows this semester. Jim Monroe's article chronicling the events leading up to the war against Iraq in the February sth issue exemplifies the lack of integrity of which I speak. There are many problems with Mr. Monroe's article. I have chosen, though, in the interests of time and space economy, to address only what I feel are the most egregious ones. First, Mr. Monroe states that in December, 1990 "(t)he U.N. Security Council decide(d) that January 15 (wa)s the magic date, after which the U.S. c(ould) no longer tolerate Saddam holding on to our beloved democratic friend Kuwait." Aside from having his facts incorrect, the decision of the Security Council having taken place in November, this bit of sarcasm, while appropriate in some media, is totally out of place in journalistic writing. Mr. Monroe, as a journalist, has no business making such a remark, which is nothing more than an expression of his own personal opinion. Such blatant characterizations are, incidentally, violations of the most important canon of journalism: objectivity. Second, furtheralong in his "article," Mr. Monroe states that on January 17,1991, Buffalo Police Commissioner Dagenhart told some off-duty cops to "attend the Peace [sic] protest at Lafayette Square and start trouble and make arrests." As we all know from elementary school, "peace" should not have been capitalized in that context. More importantly however, who, or what, is Mr. Monroe's source for such a statement? A statement like this should be backed up by at least two sources. Isn't he aware that such is the stuff of which libel suits are made? Third, Mr. Monroe resorts to outright falsehood when he states that Pentagon officials did nothing to clean up the oil spill in the Gulf. The military in fact went out of its way to bomb the oilterminals in order to stop the flow of oil into the Gulf at risk of considerable loss of life. In addition, the military is hardly trained or equipped to handle the cleanup of a massive oil spill. What more did Mr. Monroe expect the military to do about the spill? There is, after all, a war on. Without a doubt though, the most damning portion of Mr. Monroe's piece, and, ultimately, the reason for my decision to write this letter, is his account ofthe events of January 30,1991. I quote Mr. Monroe: The body bags start rolling in as Rambo marines [sic] get too close to the Iraqi borderand the Iraqi troops come in late at night to mix it up." Forgetting for a moment the fact that such a characterization is not appropriate in a journalistic writing, Mr. Monroe's characterization of the killed Marines as Rambos cheapens both their lives and sacrifices to the point of making them non-persons. Each of us has our own views concerning the war. Whatever those views are, however, we all must acknowledge that each ofthe Marines who werekilled hadtheir own views as well, that each had their own reasons for being in Saudi Arabia, and that each was willing to fight, and die, for something they believed in. The views and beliefs of the killed Marines are entitled to an equal amount of weight as are those of anyone else, including Mr. Monroe. The characterization of persons willing to die v ■■■ Bar Co-op Responds to Pieper Letter To the editor, In response to a letter put in the law school mailboxes by J. Gardiner Pieper of the Pieper Bar Review, the Buffalo Bar Review Collective did not misrepresent, nor disparage J. Gardiner Pieper, nor his course. In his letter he characterizes our assertion that, "his course was the only course to reject our offer outright", as a misrepresentation. He then goes on to state the reasons why he rejected our offer outright. In light of what we had heard about Pieper having the lowest pass rate and charging New York State students over $2 Million per year for audiotaped lectures and little or no course materials we refrained from disparaging his course as much as possible. When we asked a rep last year about the low pass rate he said that it was due toa high minority enrollment. Again, we refrained from speculating that the low statewide minority pass rate may have been due to a disproportionately high enrollment in Pieper. Wefeel that J. Gardiner Pieper's claim that he has the enrollment of overone half of the CUNY Queens law school should be remembered next year when we look at CUNY's pass rate. We know that when Bar/BRI had the CUNY collective the pass rate was 27%. The next year the collective chose Bar/BRI and supplemented the course with Marino's essay writing and the pass rate went up to 54%. According to a member of the CUNY Collective Board, this year the CUNY collective chose Marino and both Bar/BRI and Pieper really put the sales pressure on at that school because theyfeared that Marino, with the highest pass rate in the state, would make huge inroads into their highly profitable turf if the CUNY pass rates went up any further. This brings up another question that the Buffalo collective has been striving to answer: How canwe verify pass rates? Marino claims the highest pass rate and the other two courses neither accept norreject Marino's claim. Instead, Bar/BRI claims a few percentagepoints below Marino's unsubstantiated claimand Pieper completely skirts the issue. If nobody is lying then New York's pass rate is around 80% or Pieper's rate is really low. We feel that the Bar examiners should have a separate sheet to be removed from each bar exam on which the test taker selects the method and/or company used for test preparation. This response would then be separated from the tests until after grading and then compared in order to establish pass rates. The purpose of the Bar Exam is said to be to insure that it allows only fully prepared lawyers to practice in this state. As much as we may disagree with the efficacy of this test forfulfilling that lofty goal wefeel that if they are serious they should allow students the ability to make an informed choice as to the method of preparation. So far Marino is the only bar review company that has advanced such a notion. Aftera careful review ofthe available data, including talking to students whofailed and passed withthe different courses, I have chosen not to give $1,200 to J. Gardiner Pieper and I hope other students will continue to participate in the Buffalo Coop and make theirchoice based on careful evaluation of available materials and not on high pressure sales tactics or unjustifiable scare tactics. J. Lloyd Monroe Co-founder Buffalo Bar Review Collective. -■■•■ they died, and the persons themselves. I challenge Mr. Monroe to say to the parents of any one of the killed Marines whathe has already said in print: "Your child's beliefs don't count for anything more than those of a movie character, and neitherdoes your child." Of considerably lesser importance, but nonetheless noteworthy, is Mr. Monroe's failure to capitalize "Marines." Did he intend thisas a final insult to those wholost their lives, or did he just forget? Neither is acceptable fora journalist with over 17 years of schooling behind him. Further, the reference to the battlefor Khafji as "mixing it up" connotes a barroom brawl or a street fight. In neither case are the lives of thousands at stake. To make such an analogy cheapens the lives of all those involved, on both sides. I find it amazing that one who is as obviously opposed to war as is Mr. Monroe holds so little respect for human life and dignity. What makes the situation as bad as it is, is that degrading items such as this have appeared in The Opinion before. Why is itthat a considerable number of those in this law school who are politicallyleft of center, some of whom are apparently on the staff of The Opinion, have no compunction against minimizing human life and sacrifice in order to make their points? As an example ofthis phenomena I point to Mr. Gurwitz's comparison last semester of AIDS victims to the victims ofthe Nazi Holocaust. That comparison immeasurably cheapened, and showed no respect forthe lives of the six million Jews killed in the Holocaust. Ido not intend to minimalize the suffering of AIDS victims, but one just cannot compare the two; and while I have no great love for the Republicans, they are not Nazi's, as Mr. Gurwitz suggested. I realize that this comparison appeared in Mr. Gurwitz's "Ground Zero!" column and was not intended to be a reporting of news, but its particularly degrading nature istypical of what occurs in this law school every day, and in The Opinion from time to time under the guise of news. Despite thefailings of Mr. Monroe as a journalist,and others like him who also write for The Opinion (which is in no way intended to reflect upon the paper's good writers, of which there are many), these writers are, in the end, not to blame for the decline of our school paper. The blame for that lies squarely on the shoulders of the editors. No excuses; it is the function of an editorial staff to ensure the journalistic integrity of any paperand the grammatical sufficiency of any article within it. In these respects, the editorial staff of The Opinion have, of late, failed. Irealize the most obvious response to my position isthat The Opinion is not meant to be a true "newspaper," but is intended rather to inform students of how their classmates feel concerning events affecting all of us and to provide those who write for the paper with an opportunity to speak out on issues of import to them. If this is so, however, why isthere an editorial page, and why does Mr. Gurwitz have a column specifically for the purpose ofallowing him to express his opinions? Why make these items distinctive at all? After all, they're only some opinions among a bunch of others, aren't they? Why, then, use the scales of justice, implying impartiality, in the paper's logo? The Opinion purports to be an informative journal published by and for the students of UB Law School. As such, the opinions of its staff (whatever merit or lack thereof they may possess) ought to be confined to the editorial page and columns such as Mr. Gurwitz's. The editorial staff's failure to do so has resulted in the school newspaper we have today. Rob Sardegna Limp - kA/Ok/A/ THE" GRIMCH h/«O 5TDt£CHRISTMAS RCCEWLY EXAM. THr JOAHO COMPLtTtLY MTHOIST LOCATTKO AT THE BASE OF T/VE BM/V, TH£ "J/toSf/^ ,, |S T«C /Vl« U&AL TWUCHr. Tuesday, March 5, 1991 • 1 he Opinion 7 �JwWfft i» M w B * till V mwW**2 sS- i MM 7 B m\ 111 I I m ■ W Mm m mj II mw*M mmmJmW mW Hv W V m - M M mm I Iv fIH Wl V * Mm\ mW MMI J M FWdan, ■■ 4 r > i 15, 1991 (Happy St. Patricks Day!) PIEPER NEW YORK bM REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. ( NEW YORK CITYMSEI SATURDAY, MARCH 2, 1991 NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9, 1991 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREEXo students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY. 11501 • Telephone: (516) 747-4311 — j i — , , , ——— m J——l �Hate Speech Leads to Expulsion by Maria Schmit Managing Editor A Brown University student was recently expelled for voicing ethnic, racial and anti-homosexual remarks in violation of that school's student behavior code. The student behavior/conduct code, adopted by the University in 1989, prohibits hate speech attacking race, ethnicity, gender, religion,sexual orientation and handicap. The Brown Daily Herald identified the expelled student as Douglas Harm, 21, a juniorbusiness and management major and varsity football player. Harm is the first student to be expelled for such harassment. The incident that led to Harm's expulsion occurred on October 18, 1990. Students heard Harm outside the dorms shouting "nigger," "you niggers." When students confronted him, he said: "My parents own you people." To those who were not black, Harm yelled: "What are you, a faggot." "Are you Jewish...Jew." On January 25,1991 the University Disciplinary Counsel, composed of stuThe U.B. Jessup Team competed in dents and faculty, found Harm guilty of the prestigious 1991 Phillip C. Jessup violating the student behavior code and International Moot Court Regional Comvoted to expel him. Harm appealed the petition on February 15thand 16th. The decision to the University President. On competition was hosted by Marquette February 12,1991, Brown President University Law School in Milwaukee, Vartan Gregorian upheld findings and Wisconsin. Ten law schools sentteams the decision of the disciplinary board. consisting of Applicant and Respondent. This was not Harm's first violation of Gay Kang and David Geurtsen argued the Code. At a fraternity party on Januon behalf ofthe Applicant before a panel ary 27,1989, Harm called a black student of judges who represented the Internaa "nigger." He was convicted by the tional Court of Justice(1C J) Scan Galliher University Disciplinary Counsel and or- and Dan Vira acted as Respondents in dered to attend a race relations workthe case, which involved an international shop and undergo counseling. trade dispute concerning international Others schools have codes similar to obligations underthe General Agreement Brown's. Students have been dismissed in Tariffs and Trade. for violations of their school's behavioral Dave and Gay defeated Respondent codes, but could later reapply. Harm, teams from host school Marquette and however, is the first student to be exthe University of Minnesota while Dan pelled. He is permanently banned from and Scan emerged victorious over the Brown University. University of lowa and the University of Kansas. U.B. further distinguished itself by being the only law school placing two winners in any one awards category. Scan Galliher and Gay Kang took best oralist awards during the two day competition. Dave and Dan were also singled out for their excellence by the judges. The next big event on the Jessup agenda isthe upcoming Faskin-Campbell Ist year Moot Court competition in getting antsy? Toronto. This oralcompetition is open to at are we all first year studentswho have an interest in developing their oral advocacy skills not us smart and potentially gaining membership on Iraqi the Jessup Board. Selection to the first year team will be based on the student's performance in Pay a quarter, the intramural competition which will be . Oh To Be A Smart Bomb Oh to be a smart bomb On my way to ole Iraq, With my sexy space-age sensors To help me out with my attack. Don't need no on-board pilot— I'd just fly from whence I came, Projecting pictures of my targets Like a live Nintendo game. See that secret bunker? Steer me right up to the door; I'd say "Mailman" and ifd open And the bunkeKd be no more. Soldier or civilian? Hey that's someone else's guess. I'm a smart bomb—not a genius— Don't blame me if mere's a mess. But oh to be a smart bomb, To be the star of the Mideast show. Get my name all on the networks (Make Raytheon some dough). Are the people Back home all bored? bombsWhy let fly them Shoot that bad horde. grab the joystick, Show that video-honed skill, It'd be just like Space Invaders With little beeps for every kill. Soldier or civilian? Do we really give a fuck? Call the dead "collateral damage," Chalk it up to their bad luck. Gotta win this for George Herbert, For the Gulf, and for the gas, Saddam called the US cvil Send the troops to kick his ass. — Got a problem? Use a smart bombThere's nothing it can't do. But why limit it to Baghdad? Here at home we need it too! Don't need no peace solution. War on Drugs? On the homeless? Where's the glitter? Where's the splash? It's a politician's dream— Can't show off General Schwartzkopf Get your domestic problem In ifs video-tracking beam! If there's no military bash. Tomahawks and B-1 bombers, Fun to play with high-tech toys, 'ith gas masks like Darth Voder's ?jr all the girls and boys. 4 1 Start the ground war—get ing— Can't let the TV ratings drop. After all the war's insurance Against a '92 election flop. things go- U.B. Jessup Team Takes Two Awards in Regional Oh a smart bomb, yes indeedy, Now wouldn't that be just the life— To be the ultimate solution For every kind of strife. John Chiappinelli held in late February. Participants will argue from the memorials (briefs), which were prepared by this year's Regional team. The Jessup team would also like to thank Mary Ellen Gianturco, Moses Howden, Lorretta Smith and all board members and faculty, who gave of their time to help prepare the team. It was because of their efforts that this year's team was so successful. Students selected as team members for the Toronto competition: Henry Nowak Lisa Dobosiewicz Paul Deßosa Michelle Spitzer Frank Housh David Jones Tom Cannavo Sue Zalewski (Ist Alternate) Mahindra Maharaj (2nd Alternate) Darrin Bufonte (3rd Alternate) Toall thefirst years who competed in this year's Jessup Moot Court Competition: Thank you for showing us the time, energy and hardwork that all of you so clearly put into preparing your oral arguments. Thank you also for sharing with us your courage, strength, and great heart in presenting your arguments. We enjoyed meeting you and experiencing yourfire and enthusiasm. Hope it was as much fun for you as for us. From, The Jessup Judges Twenty Years Ago in The Opinion This article appeared in the March 19, 1971 issue of The Opinion. The same issues are still with us today. Statement of the Concerned Law Students for Peace Since its inception in the days following the U.S. invasion of Cambodia, Concerned Law Students for Peace (CLSP) has continued to grow both numerically and in the scope of its concern. Increasingly, the organization has been approached by individuals and groups to provide assistance in legal problems. The common denominator in these requests for assistance is an attempt to make the legal system work for those in our society whom it now seems to work against, for the poor, political activists, migrant workers, prisons, mental inpatients, homosexuals, students, and others less favored by society. Any freshman law student can discern quickly how the law favors certain classes of our society. What can one man do is a favorite question of persons concerned about these problems. If you really want to do something, the opportunity is available. CLSP has more requests for assistance than it can handle. Most involve only a small commitment of time and effort in return for an educational experience coupled with the satisfaction of knowing that you are doing something worthwhile. The next meeting of the CLSP is open to all those who want to help. To accomodate the expanding role of the organization, CLSP recently held a reorganization meeting. Bob Wall, Sally Mendolla, and Brian York were chosen as temporary chairmen and chairwomen. They will directthe activities of the organization until the election of permanent officers in April. • Tuesday, March 5, 1991 • The Opinion 9 �Letters to the Editor Continued Dear Dean Filvaroff, If you get a chance, you might want to stroll over to BakJy on the 2ndfloor to Room 212 Lab. — that's important as there are 2 separate Labs — and take a look at the BakJy Apple I don'tknow how long this lab has been in operation. The Education Department wrote a proposal and got the funding to start it originally for the use of its students. It costs The Education Department $40,000 a year to maintain. The problem is, Law Students dominate it. When you use it, you have to give your ID and fill out a sheet indicating what school/department you are with. This Lab is closing up at the end of the Spring Semester because the Education Department does not have the funds or interest to keep maintaining it. With the cutbacks overthe years, the Education Department has been getting smallerand smaller. The Lab creates "jobs"for its students. These students receive stipends and owe a certain number of hours ofwork each semester and work offthe labor they owe running the lab. The Education Department does not own this equipment. The University Computing Center owns all the Macintosh Computers and Printers. But the Education Department suppliesall the paperforthe printers and this equipment breaks down and has to be maintained and repaired. It is my understanding that having this Lab has created "assistantships" for Education Students— They get tuition waivers and about $8,000 in stipends. Anyway, Ms. Pat Tanner is the "head" of the BakJy Apple Lab and she can give you the actual details. Since the dominant user ofthis Lab is Law Students, I propose that the Law School take over this lab— startingthis summer. I don't think you realize— The Opinion and The Dissent is written over here! All the students do their term papers over here! I probably spend 15 hours a week here. It is open 7 days a week, including breaks from about 9AMto 11 pm. Students have really come to depend on this place. The Computer Center will be receiving all of this equipment back for reallocation. The Macintosh is so much easier to use than the PC clones with the MS DOS. Which is why students find that start up is instant success —justclicking a mouse to get in and out of programs, to change fonts, to edit, set up foot notes, set up paging etc Nothing could be easier! MS Word and Word Perfect run on the Mac. If you worked out a deal with the Computer Center, maybe they'd let you put Macs in Law Review, AWLS, SBA, BPILP, NLG (In the Public Interest and The Dissent are in that office) and The Opinion, ASA & LALSA, etc. and some in AY Dept Law Library, etc. Or, on the sth floor of the Law Library in the Koren Center, one of those rooms could become a Mac Lab! Please think about it— The Law Students are going to be very sad when they find out about this. Pat Tanner can give you the statistics of the number of Law Student users compared with other students. I wanted you to be the first to know, so that you can be the first to propose to the Computing Center that the Law School wants this equipment. It wouldn't have to cost the Law School $40,000 a year because you wouldn't have to create assistantships for students to staff the lab. Work Study Students could do it in the Law Library if you set upa Lab on sth. floor or if you spirtthe machines up among student groups, students would justuse them in their student offices. There are 20 Macintoshes, 3Laserprinters and 3 or 4 imagewriters (Dot Matrix printers) and a file server/network hard drive and 4 Apple GS Us and 8 floppy disk drives. — I think students would rather have access to computers than having a lounge in the basement and considering the cutbacks, this seems more obtainable. Thank you for your time and consideration of this proposal. Sincerely, YOUR HONOR. We all know lhat a lawyer entrusted with client funds has important fiduciary responsibilities. We know, too, that the misuse of those funds is an exception, not the rule. ■ But when it happens, it's an embarrassment to the legal profession. That's why lawyers nationwide finance client protection funds. Not to write off debts of honor, but to reimburse them. ■ The Lawyers' Fund in New York serves better than most. Since 1982, it has restored more than $17 million to eligible law clients. Those awards come from the Fund's share of the biennial registration fee, not tax dollars. And nearly every eligible client receives 100 percent reimbursement. ■ That's something to be proud of. Because it's not just our clients we're protecting. It's our honor. &> Lawyers Fund for Client Protection oftheStateofNewYork Fifty-Five Elk Street. Albany. New York 12210 ■ (518) 474-84.18 (Toll-free NYS SI WO Lawyers' Fund for Client Protection of the Slate of New York MANIA LEGAL Angela Marie Gott I-800-442-FUND) Miceli Pat WE'D LIKE TO REMIND YOU THAT THE UNCENSORED CONTENT OF THIS NEWSPAPER IS MADE POSSIBLE BY THE CONSTITUTION OF THE UNITED STATES. THE CONSTITUTION The words we live by. -- — . >n mW. Ik. Cutltok. >iU« CmM«. nAll|I« T. Lan ■—— ——■ •>■- «■—._-i-i ..Tv. ii /—a.-i— L£J JJJ2 �asdfasdfsdfsd The Docket What: When: Where: Lowdown: Film: The WiUmar 8 March sth, at 12:30pm First Floor Lounge, O'Brian Hall Story of eight midwestern women who stepped to the forefront ofthe struggle against sex discrimmination in the workplace. What: When: Where: Lowdown: Graduate Students and Young Professionals Happy Hour Tuesday, March 5, at 7:00 pm. Central Park Grill, 2519 Main Street. $5 cover. Proceeds go to the United JewishFund. There will be free beer, pizza, wings, and veggies. What: When: Where: Lowdown: "Women and Body: Friend or Foe" Tuesday, March 5, from 6:30 B:3opm. Room 415, Capen Hall. A workshop designed for women to explore their relationship to their bodies. - What: When: Lowdown: MPRE application due date. What: When: Where: Lowdown: MPRE review class given by Marino. Sunday, March 10th. Room 108 Prepare for the MPRE for FREE! What: When: Lowdown: Next Opinion deadline. What: When: Where: Lowdown: Film: The Accused March 12th, spm Fifth floor lounge, O'Brian Hall JodiFoster and Kellie McGillis star in thisadaptation ofthe New Bedford Gang Rape Trial. March 6th. If you have not already taken the ethics part of theBar, now is the chance. Because this is the late registration deadline, cost of the exam is $75.00. Monday, March 11 Submit your articles (on Microsoft Word, preferably), to Box 677 or 808. What: When: Where: Student speaker elections. March sth & 6th In front ofthe law library. What: When: Where: Lowdown: Pro-Choice Tabling March 6th & 7th, 9am 2pm Second floor of O'Brian Hall Information will be distributed, consciousness raised. What: When: Where: Lowdown: Speaker: Alexis DeVeaux March 14th, 12:30pm First floorlounge, O'Brian Hall Ms. DeVeaux will discuss Violence Against Women ofColor. What: When: Where: Time: Lowdown: Debate and open forum. Wednesday, March 6h Woldman Theater 5:00 p.m. Peter Christ, a retired Tonawanda Police Captain, Dana Beal-aradical organizer and nationally known activist, and Jeff Blum-Constitutional Law professor will debate the U.S. drug policy. What: When: Where: Time: Lowdown: Isabel Allende comes to U.B. March 18th Slee Hall 8:00 p.m. Chilean novelist and human rights activist, niece and godchild ofSalvador Allende, late President ofChile assassinated in 1973 as part ofmilitary coup, will discuss conditions in Latin America. What: When: Where: Lowdown: Film: The Ella Baker Story March 21st, 12:30pm First floor loung, O'Brian Hall A history ofthe civil rights movement through thelifework ofElla Baker. - Bar Collective Secures Rebates I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I by DanylMcPherson, Staff Writer The UB Bar Review Collective is a loose, informal group of law students gathered together attempting to get better barreview courses at a better price. The movement iscurrently spearheaded by JimMonroe and Rodger Doyle. Along with Tara Burke and others, they believe that by joining together, students can amass greater bargaining power withthe companies. "We try to get as many studentsas possible to boycott signing up for any course until the Collective votes and agrees on a certain offer," says Monroe. In 1989, John Wienski started the Collective, and managed to get cooperation from Kaplan-SMH and Marino, two ofthe companies. When Wienski graduated, the organization started to driftapart until Monroe and Doyle picked it up. They have been able to garner administration and student support and have managed to negotiate deals with some of the companies. With Marino, they have reduced the course price to $650. With BAR/BRI, the largest bar review company, the Collective has gotten a $ 100 discount to be given to all thirdyears signed with BAR/BRI. Though they have been cooperative, a part of Kaplan-SMH is supposedly going out ofbusiness after July, so their usefulness is now questionable. The only company that refuses to negotiate with the Collective is the Pieper Bar Review Course. Asa result, the Collective has started a Boycott Pieper movement. While Pieper refuses to even recognize the Collective, BAR/BRI does so with some hesitance, believing itis not fair to givea benefit to some students justbecause they waited and signed a piece of paper with the Collective. To eliminate the unfairness.BAß/BRloffersitsdiscounttoallstudentssignedwilhthern. Thetactic is viewed as an affirmative attempt to undercut the Collective's power, and forces it to operate on a year by year basis. Studentrepresentatives for the companies recognize the opportunity third year students have withthe Collective this year. However, they see the Collective as a hindrance to a student's ability to evaluate the individual bar review companies. BAR/BRI and Marino offer very different programs, which is reflected in their prices. They are not easily compared as each offers different products with specialized services, some better than others. The Collective has a number of goals to improve the barreview course situation. It plans to submit a resolution before the SBA that will ask the companies to voluntarilylimit the number oftimes they stuffthe mailboxes and hang their fliers for environmental and psychological reasons. They believe there is too much pressure on first year students to sign up. 'The bar review courses take advantage of fear and anxiety to get us to take theircourses," says Doyle. The Collective also wants to enlist the faculty to tell the first years not to sign up. They also hope to make the Collective a clearing house for information on bar review courses. If the Collective can survive, they want to establish a permanent tape library that will be open to all students. It is believed that by creating greater access to this information, the Bar Exam pass rate for UB students will improve. This year the Collective has voted to accept the Bar/BRI $100.00 offer. So far, over 350 students have signed commitment applications. Next semester, it will be up to JohnLicata, Pam Davis, Colleen Van Gelder, and anyone else they can recruit to utilize the inroads made this semester to keep the Collective an effective and cohesive unit. IMPORTANT SBA ANNOUNCEMENTS 1. SBA Executive Board Elections The SBAExecutive Board Elections will be held on April 9th and 10th. To run for President, Vice President, Treasurer, or Secretary, you should pick up petitions from the SBA Officeand collect 80 signaturesfrom the UB Law student body. The completed petitions must be returned to the SBA OfficeorBox 692 by March 11. A onepage statement ofcandidacy should be submitted to THE OPINION (Box 677 or 808) by March 11. The statement will serve to identify you, the executive position you seek,and the reasons you are running. 2. 199 1-92 Budget Hearings The SBA Budget Hearings will be held March 12thand March 13th at 6:00 p.m. each day in the SBA office. See the SBA office door to find out which time has been assigned to your group. Please be prompt. If there is a scheduling problem, you can switch with another group as long as they consent. The grouprepresentative should be prepared to wait in the event there are delays. 3. SASU Delegate There isa need fora new SASU delegate. The SB A hasappointed an interim delegate, but needs to hold official elections soon. If you are interested in this position, please leave a letter ofintent in JohnLicata's box, 443. If you need more information on the functions and duties of a SASU delegate, contact any SBA Director orRhonda Weir, Box 273. 4. Law Revue Professor Atleson has expressed his interest in holding a talent show. Inpast years, ithas been called "LawRevue." The SBA istrying to find out if there is any student support for this. If you think this is a good idea, or want to get involved, please leave a note in Box 692. Let us know if you have any ideas, talent or backstage/lighting experience. Please hurry since we need time to make plans if the show is to be held this semester. THAT'S ALL FOLKS!! ATTENTION ARTIST TYPES!! The Buffalo Environmental Law Society is looking for a logo, and will be soliciting submissions from area artists and regular people. If your logo is selected, you will receive a $50 cash prize!! Submit your logos to a B.E.L.S. representative. There is no limit to the amount of logos one person may submit. The deadline for entries is March 12. ALSO... BPILP needs an artistic student to implement design and logo ideas for an upcoming fundraising drive. Interested individuals should contact Brian Madrazo, # 449. Tuesday, March 5, 1991 The Opinion 11 �ATTENTION! CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRVS NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration fee is: $150 $100 $50 Your tuition will be: New York New England New Jersey $1095 $1145 $1195 $945 $995 $1045 $845 $895 $945 Note: Regulartultions are $1245 In New York; $1095 In New England and $995 in New Jersey. THE LAST DAY TO SAVE UP TO $150 IS To Be Announced BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 BOSTON, MASS. 02116 NEW YORK, N.Y. 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (617) 437-1171 (203) 724-3910 FAX: (617) 437-0698 (914) 684-0807 FAX: (212) 643-9460 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-03-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/5/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b96cbed00bc3e99230aafd72a686fbb3.pdf 2d71041328daff3ab2c5895984b479d2 PDF Text Text Elvis Rejoyces: "I beat the IRS!!!" by Maria L. Germani Editor-in-Chief Last week, a federal judge in Houston awarded $10.9 million to Elvis, the King of Rock and Roll, in a case against the Internal Revenue Service. The award is the culmination of a suit brought by The King ten years ago claiming the IRS destroyed his career when it issued a press release about his purported deathby drug overdose. Elvis' claim stems from a plea bargain he made withfederal authorities two years earlierwhich settled a $6,000 tax evasion case. A federal prosecutor promised to keep the plea bargain secret, but the IRS reneged on its promise and disclosed Elvis" tax evasion and plea bargain to the public. The same press release erroneously trumpeted "ELVIS IS DEAD" which, Elvis alleged, effectively ended his career. "I couldn't get a gig anywhere, Baby," testified Elvis at trial. "My agent would spend hours on the phone with promoters-to no avail. All I could get were jailhouse rock concerts, Baby." Reached at Graceland, in a telephone conversation The King expressed his thanks to the American public for being vociferous about their encounters with him. Witnesses testifying on Eh/is' behalf gave detailed accounts of theircitings of The King at such unlikely places as a Fayva shoe store in Tennessee, as well as a Super8 Motel. On directexamination admitted by the court was his personal collection of over 4,000,000 clippings of reports of Elvis encounters since the IRS issued the press release, gathered from nationally recognized publications ike The Gbbeavti The National Enquirer The King and his attorney, Kenneth Joyce outside theFederal Courthouse in Houston The King confirmed these citings; 'Yes, that was me, Baby. Fayva carries the best blue suede shoes, and I distinctly remember staying at the Super 8 Motel, because there were no vacancies at the Heartbreak Hotel, Baby." Additional evidenceof EMs existence , The King also expressed his appreciation and thanks to his attorney Ken Joyce. Ken Joyce, a professor here at the State University of New York at Buffalo School of Law, represented Elvis from the inception ofthe law suit. Filed back in 1980,one year after the IRS issued the press release, the life of the law suit was curiously and inexplicably influenced by American pop culture. Prof. Joyce realized this phenomenon and planned his strategy accordingly. While the news clippings and testimonies of fans at trial were persuasive, the proliferation of Elvis clones since the report of his alleged death called for evidence that could not be controverted. "We didtheright dance," commented Prof. Joyce. "I recommended to my client that he stick withthe pelvic gyrationsthat made himfamous. Disco was pretty much dead by the time we filed the case, so it never posed a problem. But that lambada outbreak a little over a year ago almost did us in." Prof. Joyce's strategy was successful: the award is one of the highest that the IRS has ever had to pay, and is partly tax free as well. Officials at the Internal Revenue Service declined to comment on the judgment, but a federal government employee who worked closely on the case and wished to remain anonymous, revealed the agency's disappointment in the outcome. The IRS agent commented, "He ain't nothin' but a hound dog." THE ONION April 16,1991 Law Professor Arrested —Suspected Head of Kiddie Crime Ring by Micky Gorillawitz Staff Reporter The FBI has arrested UB law professor Charles Ewing on charges that he is the secret mastermind behind an international network ot child pickpockets. Professor Ewing, who teaches criminal law at ÜB, is the author of Kids Who Kill. Kids Who Kill Too Much. Kids Who Kill Too Much and the Kids Who Kill Them, and Kids Who Kill the Kids Who Kill the Kids Who Kill Too Much. He was working on the screenplay for the sequel to the hit movie "Kindergarten Kop" at the time of his arrest. According to FBI Special Agent Dale Cooper, Ewingran his vast criminal empire from a secluded office on the seventh floor of O'Brian Hall on the UB North Campus. School officials testified that they had offered Ewing a spacious office on the fifth floor of the law school, adjacent to many other professors' offices, but Ewing had requested the seventh floor office. "He said it reminded him of the mountains in which he grew up," said an official who wished to remain anonymous. The FBI now believes that Ewing chose the seventh, and uppermost, floor of the law school so that he would be better able to service the radar dish and satellite system he had secretly installed on the building's roof. The FBI described a vast conspiracy in which Professor Ewing commanded a system of "lieutenants" arou nd the world. Apparently, the "lieutenants" went by a variety of aliases, including Dirt, Slime, Crud, Earwax, Scum and Filth. Interpol agents who were investigating the crime ring intercepted messages from Dirt to a mysterious "Q" in Buffalo. The FBI first suspected Ewing whenit obtained copies of hisfinalexams: 'The supposedly fictitious scenarios in his exams bore a striking resemblance to actual criminal events overseas," said Agent Cooper. Under Ewing's direction, the "lieutenants" were instructed to entice homeless waifs with promises of candy. Once under their control, the children were instructed in a variety of pickpocket techniques. Agent Cooper described one such technique: "The first child would approach an old man with a very long beard, grab him by the beard, and run around in a circle. While the man was distracted, a second child would approach him and pick his pockets, then both ofthe children would run off." The children hid the stolen items beneath their stovepipe hats and in the pockets of their nickers until such time as the items could be conveyed to Ewing. When police raided Ewing's home early yesterday morning, theyfound a vast cache of pocketwatches, silk handkerchiefs, and snuff boxes. While the evidence is still circumstantial, it is believed that Professor Notorious criminal mastermind Charles Ewing being subdued by the police Ewing was also involved in the criminal activities of the "Different Strokes" gang in Hollywood, and was planning to infil- trate the cast of "Doogie Howser" at the time of his arrest. USC Changes School Mascot to Weasel by Maria Schmit In honor of their new University President, Steven Sample, the University of Southern California has changed the University mascot to a weasel. The student body voted unanimously on the new mascot. The USC student president stated: 'The voting response was just overwhelming." Leaders of the "Weasel Campaign" claim the idea was original; however, the UB National Lawyer's Guild is claiming USC stole the idea from the Law School Anthem entitled "Steven Sample is a Weasel," which describes Sample as a bigot and criticizes him for allowing employers who discriminate to recruit on campus. "Why don't they think of another name. If they like the idea of a small carnivorous mammal with evasive skills, there are others to choose from," voiced an angry Guilder. TheNLG is looking into copyright infringement and said legal action is being seriously considered. At the same time, however, David Lynch is claiming that the new mascot was copied from Twin Peaks' "Save the Pine Weasel" Campaign. Tuesday, April 16,1991 • The Onion 1 �Dean Filvaroff Retires to Farm in Vermont Schlegel? Follows Dean to Vermont Dean Dave takes a break from playing chicken with John Henry Schlegel? in order to work on his tan. Our intrepid photographer snapped this one just as old Mr. Wind caught Dave's hat. The Dean says, "It's miles to the nearest convenience store out here, so I've taken to smoking corn silk. With all the hard work and fresh air, I've managed to cut down to a row of corna day." Although we travelled a long way to see him, our interview was cut short when it was time for Dave and John to slop the Greiners. "After I found out contracts was dead I asked the Dean where he was headed. When he said 'Vermont', I justpacked up my bags and we hitch-hiked up here together. I love it. I always wanted to lead a flock and these little guys do just about everything I tell them. I've only had to report two to the character and fitness committee since I got here." Lawsuit Filed Against City & State Officials by Gary Ketcham City and State officials are reeling today from a series of massive lawsuits filed yesterday in New York State Supreme Court. The complaints, filed by an Amherst groundhog family, alleges fortyseven acts of invasion of privacy, and harrassment. Additional allegations include, libel and fraud, trespass, slander, nuisance and battery. Mayor Griffin was specifically named in a separate action, alleging invasion of privacy and claiming $17,000 in property damage. The Buffalo News and the Opinion were also named in two separate actions for invasion of privacy and libel. The suits caught city authorities by surprise, but one state official told the Opinion that she's seen this coming for some time now. "Every year, about this time, that same family has threatened to sue," said Sue Wrongly, the Chief Defense Counselforthe State. "Wefigured this would finally be the year, because it's been such a peculiar winter," Wrongly told a flurry of reporters outside the courthouse yesterday. The suits total more than $4 million in claims and could get much higher according to Alan Freeman, the attorney representing the Amherst family. "Every yearthey'resubjectedtothesame abuses people just come traipsing into their home, waking them up at an ungodly hour, asking questions aboutthe weather, tracking mud all over their house, and they just decided that they were fed up with it," Freeman told one reporter. The family could not be reached for comment, buta telephone recording informed callers that they would not be available for comments until late spring. According to a Parks Department offi- . B^imMonronnoWchoefwjrwt^Stoinjenids 10. Bake sales for improved militaryhardware always a culinary delight. 95. Spiffy suits worn ai debates provide fashion role models. 9. Norbert'sarticles always help swellthe ranks ofthe progressive groups. cial, theaction against M ayor Griffin stems from an incident about a year and a half ago in which Griffin is alleged to have buried aboat motor sixfeet intheground, accidentally tearing out three bedrooms and a bathroom in the Amherst family's home. The suit against the Buffalo News alleges that on four occasions between February first and fifth, news reporters broke into their home, rifled through their offices and absconded with unspecified documents. Two days later, an article appeared in the evening edition that attributed certain weather prognostications to the groundhog family statements which the family claims they never made. Freeman showed reporters excerptsfrom the Amherst family's official written statement, whichthey made prior to their return to seclusion. "We're tired of being molested and misrepresented everyyear, just so somefool can fantasize about the sun-baked summer months," the statement read. "Look around. How many groundhog weathermen or meteorolo- . 8.5. large bodies makethem easy to spot and avoid. 8. Love listening to Bill tel abouthis experiences os 'the understudy" for Kathleen Bates in Misery. 75. Federalist Papers bring aMe bit of Dartmouth to Buffalo. 7. Gives Hans a place to sit down after he hashod one of his 'spelts." 65. Andrew's interest in the presence of my penis makes me feel less alone in the world. 6. It's fun trying to guess which one Bush will appoint to dieFederal Judiciary immediately upon graduation. 55. It's fun trying to figure out which one will end up randomly sniping pedestrians with a high-powered rifle. 5. Logical flowof their arguments eliminates need for expensive mind-altering drugs. 4.5. They're dogmaticabouttheir dogma. 4. Help buttress evolutionary theory that humansevolved from apes. 35. Seeing such o tight-knit group of vibrant young white males always makes our thoughts turn to springtime. 3. Brian's letters to this paper provide incentive to get off the can and proceed with day's business. 2.5. Belief that leftists actually use term "politically correct" in a serious manner always good for a chuckle. 2. Lawsuits, lawsuits, lawsuits! 1.5. If you wear mirrored sunglasses and look into group mascot Drew's eyes, you'll see infinity. 1. Love the bizarre outfits they wear on Gay Jeans Day. Wagon Hound and Pawlsgraf were good puppies. But their methods of thinkingwere slightlybarkworthy. Wagon Hound was not very directorindirect with the other puppies in the neighborhood. She was sometimes like a billiard ball, , bouncing around to Pawlemis house and then on to some others, in the hopes of forming an uninterrupted chain of puppies. But Barkoo, the grumpy dog that lived in the neighborhood did not wantthistocomeabout. You see, Barkoo had a real identity crisis because she was neither a pup nor a grown up dog. So wanting to disruptthe uniform chain of events, Barkoo decided to label herself a supervening cause. This annoyed the puppies in the neighborhood who felt that if something were to go wrong, Barkoo would be responsible because she had disrupted the chain of normalcy. But this was shortlived because before long, Barkoo gave birth to a beautiful puppy. Wanting this puppy to take after Wagon Hound, Barkoo decided to call Tuesday Adml 16. 1991 • The Onion The press falsely attributes predictions to us, they fail to materilize, and we get blamed forincompetence,"the statement concluded. According to the statement, more than 14 groundhog meteorologists have lost their jobs in the last four years, state wide, due to inaccurate predictions falsely attributed to them by the press. A Buffalo News spokesman admitted there had been some communication problems in the past, but insisted that reporters try to 'dig up' all thefacts before a story goes to press. The groundhog family said, "that'sthe whole problem. Theirdoingall their 'diggin' on our property." According to Wrongly, the state will argue that the groundhogs have no standing to sue, and the government is beyond reach due to state immunity provisions. Furthermore, she said,they (the groundhogs) are illegal aliens who never registered at the immigration office, nor have they paid taxes since 1980 when Bucky Digger (listed as head of house- CONTINUED ON ONION PG. 4 A Tale of Two Puppies by Srikant Ramaswami 2 gists have you ever seen. None. That's because we've been used as scapegoats. herbaby Wagon Hound 2. Wagon Hound 2 was a rebel and unlike the person for whom she was named, believed that instead of forming this uninterrupted chain, itwas important to have one or two friends like Pawlemis. Pawlsgraf, a hound of impressive intellectual capacities, sensed this for he was an expert in forseeability. But like Wagon Hound 1, Pawlsgraf believed in limiting the number of puppies he wanted to associate with. So Pawlsgraf and Wagon Hound 2 had a falling out. Today, Pawlsgraf, Barkoo, Wagon Hound 1 and 2, have gathered to assess the proximate cause of this hostility. They attacked Muttsoo, the town counsel, for advice. Muttsoo, realizing this was a proximate cause problem did what any wise lawyer would do. He wished them luck in their endeavors. GIVE UP �ScissorHans Slashes Student Groups Formerly an exile in his own land, Edward ScissorHans has become the man to whom special interest groups must appeal matters offunding duringthe present fiscal crisis. Through a strange twist of fate, a twist some insist was provided by the ghost of Marquis de Sade possessing Dean Filvaroff, ScissorHans will wield unfettered power in the dispersion of public funds. Contacted in his newly reinforced office somewhere in the bowels of O'Brian Hall Mr. ScissorHans openly discussed the problems of quota, affirmative action and his plansforthe future. "I have been following student groupfunding for quite some time. The Dean has given me a mandate, certainly one representative of influential white males, to exercise thatability which comes naturally ot me. To whit, the circumspection indispensable to piercing the veil of that unholy rubric known as special interest." Wearing his new mantle with aplomb Mr. ScissorHans briefly interrupted the interview to handle momentous administrative duties including the eviction of each student group from theirrespective offices of O'Brian Hall. "Their aims are redundant - helping the poor and oppressed. This is an austerity budget, meaning somebody has to be living on the edge of poverty in orderforthe budget to work. Wanting to help those who are needy defeats the grand scheme of an austerity budget. What are these people thinking? Besides, I can rule with impunity." Given the nature of groups in the law school with their penchant for petty in-fighting and finger pointing it is a breath of fresh air to have Mr. ScissorHans available for a final solution. In a statement given on assurance of anonymity Mr. James Monroe said "never before has there been a mechanism as clear cut and forward ds Mr. ScissorHans. Except, maybe the guillotine." The Deadline for the next issue of The Onion is February 31, 1992 Famous Srf Legal Greiner Named President of UB Newlyappointed University of Buffalo President William Greiner shown here making the deal for his appointment as president of the University. Students, faculty and staff can rest assured that the same incestuous power relationships will remain in place throughout the university and that students will be the lowest in the pecking order in any decision making process. Professor broadens symbolic representation Associate Dean and Professor of Law John Henry Schlegel! has decided to show his varying moods by changing the symbol at the end of his name. Secretly experimenting with this step for years, Schlegel! has finally emerged from his closet to share the liberating experience of adding a punctuation mark to the end of one's name. I asked him why he did it. "You can't imagine the power you have by adding one simple stroke of a pen. And don't shout my name. The exclamation point is silent," he responded. Hisfirst movewas to try the@ signbut itreminded himtoo much of butchered flesh, a vision he is very familiar with but would rather not equate with his own name. "You see so many signs like 'chopped liver' @ 1.99 per pound" that to put it on the end of your own name really is tacky." The second symbol that failed was the © but he was immediately warned off that by legal minds familiar with contract law. 'They said that itonly followedrecognizable names of substance. I really don't understand the whole process." The £ symbol was felt to be to suggestive of innuendo and violence while the A was too close a measurement of his compassion to be added to the end of his name. "I do send out bills signed Schlegels, with the second notice getting a Schlegels!. The third notice is Schlegel#ss!!*o!" Showing remarkable flexibility Schlegel!, as he is known to his.friends, as "man of infinite simple power." Perhaps they meant 'symbolic' but they disappeared before the Ouija board could conjure them again. In the future Schlegel! hopes to add a ~ to the end of his name to show a reaching out the ethnic groups out there. Inside sources say that the Japanese will eventually win out and the future signature is Schlegel¥. Whether he will stay bought is another matter. ~f - ;, / t,,. <'- EC RilTTff l#AlI ILK 9 Tuesday, April 16,1991 • The Onion 3 �Holy Cow! by Maria Schmit A number of students in Professor Wade Newhouse's Law and Public Education Seminar are voicing concerns regarding the mandatory prayer and pledge at the beginning of each class. It all started a few years back when Professor Newhouse led his class in a moment of silence. This moment of silence is now preceded by a short prayerthat mentions "ourcreator." The pledge, however, was not added to his opening ceremonies until this semester. Asked why the pledge was added, Professor Newhouse, in his South Buffalo accent, exclaimed: "You know, to show support for the war and our boys. It's patriotic." When asked if he also supported the women in the Gulf, Newhouse stated: "Oh okay, and the gals too, but their place is at home with the kids." Some students are outraged that this is allowed to take place in a state university. Tara Flynn has continuously objected. "This is ridiculous, it's a public university. I'm insulted each and every time that I am forced to comply," Ms. Flynn stated. She has asked permission to be excused from the room duringthis time, but ProfessorNewhouse School Prayer Comes to UB! has flatly refused. Other students have voiced similar concerns. Another student, who asked not be identified, is offended by being told what to do; and is also upset that the prayer and pledge extend the length of the seminar. The Wednesday seminar which starts at 7 p.m. issupposedtogetoutby9:3op.m., but because of the opening services, the students are often not dismissed until 10:15p.m. "It's the longest seminar I ever attended," alleged an unidentified student. Not everyone, however, objects to prayer and the pledge in the classroom. John Licata supports Professor Newhouse. "I like it. It's the return to good American values," Licata expressed. Mr. Licaia is forming a group, with the help of the Federalists, to advocate a mandatory pledge before each class. "Eventually we would like to have loudspeakers installed in all the classrooms, and the Dean would say the pledge over the loudspeaker," Licata added with a burst of enthusiasm. Students for Constitutional Concerns have expressed opposition to such a plan. When asked how he got the idea for the prayer and the pledge, Professor Newhouse stated: "I guess it all started when I was teaching at a Jesuit law school." He added: "Now I'm Loyal Newhouse follower submitting to Professor's ritual of praying to the flag. at a public university, but I teach Education Law. The purpose of education is to instill good values in students. As far as I am concerned this is what education is all about. I have to teach that group of agnostics something." In response to being asked whether this mandatory prayer and pledge were constitutional, Newhouse stated: "I have tenure. "I'll do as I please." In closing, the noted professor of Constitutional Law stated bluntly: "As far as lam concerned, students shed their constitutional rights at the school door." McPherson Announces Fashion Line Darryl McPherson, longknown as the Man in Black on SUNY-Buffalo campus, announced the launching of his own clothing line to coincide with the UB Law commencement ceremonies. Using the collection of students, professors, administrators and famillies as a natural paparazzi jamboree Darryl expressed the hope that his contribution to the fashionworldwill receive the recognition it deserves. The reason for the use of a graduation event as a vehicle for his fashion show was explained by Darryl as the most "obvious collection of monochromatic outfits since the Johnny Cash meets Roy Orbison sing along." In a short statement Darryl outlined the goals of his new project. "He has a vision of a single pigment clothing world. Where people don't have to worryabout changing clothing between work,formal functions and funerals. He sees the pinnacle of the fashion world as being perpetually prepared for a State funeral followed by an evening of dancing at the Icon." (referring to the artsy nightclub where patrons are devoted to wearing black). Speaking in the third person voice Darryl confused the press who waited another twenty minutes for the real Darryl to arrive. None was forthcoming and Darryl asserted himself once more. "He is here, he is speaking to you now." This statement convinced some reporters that Darryl was a fundamentalist preacher having areligious revelation. Questions about cheap hotels, misspent funds, and the phrase "In God we Tryst" were immediately hurled at the podium. Security was brought in to quell the news hungry journalists. However, not versed in Darryl's rhetoric, the guards muddled about while Darryl shouted "protect him, protect him." The debacle ended in a stampede when it was announced that Steinfeld's Corporation's class was accepting registrants for the next ten minutes. Mr. Darryl McPherson's clothing swath for color coordinating outfits Groundhogs Continued from page 3 hold) paid 27 cents in taxes. "We're going to check into theirtax records very carefully. It may turn out that they owe two to three dollars in back taxes," Wrongly told The Opinion in a private interview. "What with late fees and penalties, we may be able to confiscate their entire house." Freeman would not comment on the tax allegations until he had time to study the matter, but he told one reporter, "The sate's just trying to anthromorphize this case so they can retaliate against this family. Thefact is," Freeman said, "they (the state) dug a hole they can't get out of and now they're trying to make a mountain out of a groundhog hill. That's tunnel vision if you ask me." Freeman told the Opinion, "And I'm not going to take their 'standing' argument lying down. And the immunity issue is moot because the records indicate the State nevergotitstetanus shotsatthe required intervals, as the law mandates. Furthermore," Freeman said, "Every dog is entitled to one bite, and these guys (the 4 Tuesday April 16,1991 • The Onion groundhogs) haven't had theirs yet." Meanwhile, environmental groups are rallying behind the groundhog community with protests and legal aid fundraising. Said one protester: If the state tries to confiscate their homes, it is going tocast a long, darkshadow on the image of this community. Many generations of groundhogs have lived in that home, dating back to 1776. Before that, they helped the Indians cultivate the land for their crops. In all of those years, notoneincidentwaseverrepo rt ed about a groundhog causing a disturbance, pillaging food from gardens or trespassing. They've been good neighbors and now the city and county are giving them 'the shaft.' Spokesmen for the Civil Liberties Union said "legally, under the Constitution, the city may be able to dowhatever it wants because these little critters have no legally cognizable rights." One expert predictedthatthegroundhog community would be lucky if the State did not round all of them up and stick them in an internment camp for future use as medical research subjects, or for shipment to a dogfood processing center. Said one anonymous official, "People don't like rodents. They are low life vermen that should be eradicatedfrom the community." Professor Joyce, a UB tax law specialist, told the Opinion that newly enacted New York tax legislation on default penalties did contain a special provision which specifically entitles the State to grind all groundhog tax evaders into fertilizer upon conviction. Joyce told one reporter he knew of no cases where a groundhog was charged under the statute; "but," he said, "this hasn't lowered the conviction rate under the statute. Due process," Joyce said, "in the groundhog context, directlyrefers to the fertilizer manufacturing 'process,' and is so defined in the statute." Asked to comment on this statute, Rocky Burrows told one reporter, "We have never hurt anyone. We are peaceful vegetarians who raise families and till the soil. Why can't humans learn to coexist? Why must they always conquer, expropriate, 'rape, pillage and plunder,' the countryside?" Mayor Griffin bristled when this statement was relayed by a reporter. Griffin said, "Pillage... yes; Plunder... why of how crude!" course; but 'rape?' Griffin told the Opinion, 'The thought that a human ever has or ever would 'rape a groundhog is totally repugnant, as well as ludicrous." He stated that he knew of only ten reports, i n the last year, of human sexual abuse of groundhogs, "and those were minor molestation cases ...NOTRAPE." Griffin saidthe groundhogs' claims were "full of holes," while predicting the claims would be dismissed with prejudice. Freeman acknowledged that if the claims were dismissed, without question, it would be with a great deal of "prejudice." The case is slated for trial May 2. , .. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1991-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 31 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/669ec844aeaa33feba02acfa0e523771.pdf 504bd0b5c88090aa18da501af89cc10b PDF Text Text TO HE PINION Volume 31, No. 13 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 16,1991 Zbigniew Closes Distinguished Speaker Series by Sandra Williams Business Manager John B. Licata Feaures Editor University of Buffalo's Distinguished Speaker Series welcomed Zbigniew Brzezinski on April 11, 1991 at Alumni Since 1981 he has been with the Center for Strategic Studies in Washington, D.C. Mr. Brzezinski spoke on the United States' victory both in the cold war and the recent "hot war with Iraq. He pointed out the significance of the victories demonstrated that "military victory is not tantamount to political victory and the Professor Brzezinski addresses Alumni Arena on April 11 Arena. Mr. Brzezinski's resume includes former National Security Advisor to President Jimmy Carter. He also served on the Foreign Intelligence Advisory Board for the Reagan Administration. defeat of Communism is not a victory of democracy." He stated that even though the United States emerged victorious from the forty-five year cold war, Communist regimes have not been moving swiftly for the advancement of democracy except for a handful, particularly Poland. He added that the victory in the "hot war" with Iraq did liberate Kuwait but made Iran the most dominant force in the Middle East, and left a hostile antiAamerican principle. Further, the region is on its way to being "Lebanonized" in a web of antagonistic relationships. This situation will have a detrimental effect on American foreign policy and will require substantial U.S. financial support. In the present fiscal crisis it is difficult to predict the source of funding for such an endeavor. The need forfinancial support ismainly due to the systematic destruction of Iraq and Kuwait in the pursuit to liberate Kuwait. He stated that the war was not only against the Iraqi army but also against the Iraqi society. Thus, 'ninety percent of the industrial facilities have been destroyed." In addition, seed supply warehouses were systematically bombed and the same was done to the Iraqi water system. All sources of energy and communication were also systematically destroyed. An official who reported on the area after the cease-fire declared that Iraq, a relatively industrially developed nation, was reduced to a pre-industrialized society where citizens are basically drinking water from the same source that operates the sewage system. The result: the "vulnerable are dying- the aged, the young and the poor." Mr. Brzezinski further added that this result is a moral aspect of war and one of the downsides. However, the victory isthat aggression isrebuffed. Moreover, American power is now again taken seriously and shows that it won't tolerate aggression. The Middle East is a sphere of American influence and no one else's. The U.S.S.R has been eliminated as a rival due to the destruction of its miltary-supported systems. Subsequently, the "hot war secures access to oil for the United States. He concluded that regarding to the moral dilemma of the "hot war" the US should have used proportionality and restraint. As a result, the US might not be able to deal with the world morally and this is a significant aspect of US foreign policy. In addition, the US will have to pursue redistribution of the wealth, stability and peace in the region,and an Arab-Israeli peace possibility. Finally, the US will have a responsibility to build up the Communist states economically, a task these states cannot complete by themselves Further, Professor Blum stated that it would require a huge amount of timefor each professor to develop his/her own standardized sets of R& W materialsand to conduct frequent conferences with meaningful review of assignments. This memo concluded that faculty tend to disdain this kind of work and that to say all are equally qualified to conduct R&W is like saying that they're all qualified to teach tax or contracts. This memo came to us as part of a larger packet addressing many serious issues affecting the reputation ofthe law school and UB as a whole. In these letters is a question addressed to Professor John Schlegel concerning his views on the efficacy of replacing the present R&W program with assigned professors. His response is "Zippo". Pressing further, another professor asked Schlegel whatthe straightanswer was concerning the value of the proposed system. According to the letter Schlegel responded, "In my words it is grotesque...dreadfuF. What can you do with no loaves and no fishes?" On condition of anonymity we questioned one of the student members of the budgetary priorities committee about Professor Schlegel's approach to research and writing in the budgetary process. The student's response was that Schlegel completely dominated and controlled all decisions and that no other possibilities were ever opened for scrutiny beyond whatprofessor Schlegel put on the table. The student, who has been threatened with being reported to the N.Y.S. Bar Character and Fitness Committee if herevealed thesefacts saidthat Schlegel lied to him about whether or not it was possible to eliminate a faculty position. The student went on to say that, "Temporary layoffs of tenured faculty in budgetary crises are common. Union contracts don't preclude this and these contracts are on the table this month anyway. The problem may be one that could have been resolved by natural attrition". The Opinion asked Dean Filvaroff the same question and the Dean said that tenured professors with union contracts presently in place will be teaching next year. The Dean stated that the change in the research and writing program was contemplated for a few years because of the anticipated withdrawal of Professors Olsen and Berger. The Dean responded openly to every question posed to him and finished by promising, "I will do everything in my power to insure a meaningful, educational, and well structured writing program." Schlegel Scuttles Research and Writing Program even the old system was not "rigorous" by Jim Monroe Photography Editor The question came up at the town meeting last month. Would the budget cuts eliminate the reseach and writing program? The Dean answered, "No, the research and writing program will not be eliminatedforbudgetary reasons." Since then the research and writing program, as we knew it, has been eliminated. According to the interview conducted by Darryl McPherson with Professor Schlegel (which is published in full in this issue), the T.A.s were eliminated for fiscal reasons. Professor Schlegel has devised a new system whereby first year students will be assigned to professor "advisors" who will give them writing assignments as they see fit. No core curriculum will be used and the assignments will be discretionary; When McPherson brought the results of his interview to the students one ofthe first questionsraised was howthiswould affect our accreditation as a law school. The Opinion went to the Dean's office and got a copy of the Court of Appeals Standard 302 which states: The law school shall: (i) offer to all students instruction in those subjects generally regarded as the core of the law school curriculum; (ii) offer to all students at least one rigorous writing experience; To many this standard seems so vague as to be subject to any interpretation including one that non-mandatory courses in writing alone would be sufficient. Many, however, contend that and the new system will be far less rigorous depending on the specific professor a student is assigned to. Nils Olsen, one of the professors in the old research and writing program has been quoted as saying that, "Rather than having a sham program, we should have no program at all." Various other faculty have said that without any specific budgetary allocation, it is extremely unlikely that any viable program will exist. According to one source, that is because faculty time is ten times more precious than Teaching Assistant time. The Opinion visited Dean Filvaroff and asked if he thought that, within the new system, any core curriculum would be developed. He said that this was one of the issues the committee was still working on. We asked him if he felt that professors would take the new program seriously and if they would be tempted to use first year student assignments as private research for pet projects. The Dean felt that the faculty would, in fact, do a good job with the program and that first year law students would be of verylimited value as research assistants. A memo from Jeff Blum dated May 1, 1990 recently came to our attention regarding the proposed changes in the research and writing program. Professor Blum listed the six most important components of the current T.A./interactive research and writing program and asserted that very specific skills must be taught. This memo discussed the difference between legal writing style and the stylethat would be impartedfromthe T.A.s in the English Dept. HIGHLIGHTS SBA Candidate Statements......pg. 4-5 Commentary: The Israeli/Palestinian Conflict ha HBsn mem pg. 4 dks �__ I ATTENTIONS CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND AR REVIEW. J If your registration fee is: $150 $100 $50 Ybur tuition will be: AfeivVbrir New England New Jersey $f095 5ff45 $ff95 $945 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 In New Jersey. THE LAST DAY TO SAVE UP TO $150 IS To Be Announced BAR REVIEW . THE BAR REVIEW THAT CARES ABOUT YOU." 415 SEVENTH AVENUE, SUITE 62 20 PARK PLAZA, SUITE 930 YORK, 10001 NEW NY. BOSTON, MASS. 02116 (212)594-3696 {201)623-3363 (516)542-1030 (617)437-1171 (203)724-3910 (914)664-0007 FAX: (212) 643-9460 FAX: (617) 437-0693 I I I I �LGSOD-ULivneetyasrsbwi:nAT&mhoStguOdGay rganization by Lenny Cooper Since its formation in the midthe Lesbian & Gay Law Students -19705, Organization (LGLSO) has provided a place for students at the Law School to meet to discussand promote lesbian and gay rights in our society. Timothy Reinig, who is currently the LGLSO treasurer, described what he feels are the group'sthree mainfunctions. First and foremost, the LGLSO tries to create an environment which provides a support network for gay and lesbian students to help them cope with the law school experience. This environment extends to the classroom where the goal is to provide a non-heterosexual perspective on topics such as Criminal, Constitutional, Trusts & Estates, and Property law, which is often lacking in class discussions. Second, the LGLSO strives, through its presence, to make people aware of the substantial minority of lesbian and gay students at the law school. This goal includes the dismantling of stereotypes which people have of lesbians and gays. Finally, the LGLSO functions as a connection between the law school and national lesbian and gay organizations like the National Gay and Lesbian Lawyers Association (NGLLA). This function helps to respond to problems like the law school Career Development Office's lack of helpfulness to lesbian and gay students. The LGLSO's ranks have grown overthe last three years. Reinig, a third year law student, recounted that when he first came to Buffalo most of the members of the LGLSO were "in the closet" and refused to participate in the group's public activities. 'There were only three or four active members who did the lion's share of the work. Also, the group was dominated by men," said Reinig, who went on to point out that since then the group's ranks have swelled to about thirty members, with a core group of fifteen. The membership consists of lesbians, gays, bisexuals, and heterosexuals. Reinig pointed out that a significant number of the lesbian and gay community at the law school does not participate in the LGLSO because they are in the closet: "They feel that it is too much of a risk to affiliate with the group. Their perception is that open identification will ruin their careers." Other lesbian and gay students are put offbywhatthey perceive to be the radical politics of the group. However, Reinig is quick to explain that this is not the reality of the LGLSO. Both Reinig and the LGLSO president, Terri Mayo, point out with pride the fact that although the LGLSO is composed of a very diverse group of people, in terms of gender, race, and political beliefs, they function together well. Mayo said that "coalition building is whatthe LGLSO is all about—and we've been incredibly successful." Mayo pointed out that the group's diversity translates into a broader social agenda. Where once the LGLSO's activities were limited to occasional tabling, today the group is far more active. Last year, Ms. Mayo represented the group at the NGLLA national conference in Atlanta. Mayo wasable to establish many contacts there and became a member of the NGLLA's student board of directors. Additionally, it was at this conference that Mayo met Paula Ettelbrick, who was later invited to speak at the law school. Ettelbrick, one of the premier lawyers in the area of gay and lesbian rights, spoke to a full audience as part of the Mitchell lecture series. The LGLSO also filed a complaint this past year againstthe school with the Human Rights Commission forallowing the JAG Corps, which discriminates against lesbians and gays, to recruit on campus. The group also had events for National Coming Out Day. Upcoming group activities include a rally to protest the reduced sentence of Lucky Rodriguez, who killed a gay man, but received a conviction of burglary instead of murder and manslaughter, and a table presentation to provide information on the Defense Department's discriminatory treatment of lesbians and gays. Additionally, there are plans for some Brown Bag Lunches on lesbian and gay topics. The LGLSO also interacts with other student groups. These include other lesbian and gay student groups, like the Lesbian Gay Bisexual Alliance (LGBA) and the Lesbian and Gay Graduate Group (LGGG), and other law school groups, like the NLG. Looking toward thefuture, Reinig said that the group would like to see changes in the law school's faculty and in its curriculum. The LGLSO would like ta see the inclusion of lesbian and gay perspectives in the current curriculum. There is a desire to see a course in the growing field of AIDS Law. But aside from new courses Reinig states: 'The regular law school courses slfouIdreflect a real perspective which includes view- CONTINUED ON PG. 9 Signs of Spring: Professor Blum holds classes outside. U.B. Federalists Travel to Yale for a National Symposium on the Bill of Rights by Karl J. Czymmek On March 1 and 2,four members of the University of Buffalo Federalist Society traveled to Yale Law School'to attend a conference entitled 'The Bill of Rights After 200 Years." The symposium was sponsored by the Federalist Society for Law and Public Policy Studies which annually sponsors similar events. The Federalist Society was founded, in 1982 at Yale Law School, also the site of its first national symposium. Therefore, it was appropriate that the conference should return to Yale for its ten year anniversary. There were over 500 law students, professors and attorneys present representing 40 law schools from across the United States. The impressive list of panelists included some of the brightest legal minds from all points on the political spectrum including: The Honorable Frank H. Easterbrook (author of the dissenting opinion of U.A.W. v. Johnson Controls at the seventh circuit level), Professor Richard Epstein (author of Cases and Materials on Torts, which should ring a bell to those of you in section 2), Professor Nadine Strossen (N.Y. Law School Professor and President-Elect ofthe American Civil Liberties Union), Professor Herman Schwartz (former U.B.Law Professorandcurrently a Contributing Editor ofThe and Professor Stephen L. Carter (Yale Law School Professor and author ofThe Best Black, and Other Tales which shouldalso sound familiar to section 2). The Honorable Ralph K. Winter gave the opening address on Friday evening which was followed by a lively panel discussion entitled "Should the Bill of Rights Fully Protect Fundamental Freedoms?". A major debate arose between Professors Epstein and Bruce Ackerman where Epstein urged us to consider a return to the Lockner era of "individual rights" while Ackerman contended that these "individual rights" were swept away during the New Deal era by the votingpublicinfavorof "new liberties." Professor Strossen considers civilliberty to be synonymous with fundamental freedom but unlike Epstein, she would not give all ten amendments equal weight. Strossen also commented that she is often the "token conservative" but at this conference she considered herself to be the "token liberal." The second panel addressed "how effective are bills of rights in protecting freedom and civil liberties?". Judge Easterbrook and Professor John Baker were both skeptical as to how effective any bill of rights may be and Judge Easterbrook suggested that freedomrides upon societal demands rather than a supposedly sovereign document. Panel three considered 'The Bill of Rights and governmental structure." Here Yale Law School Professor Akhil Amar discussed the idea that most legal scholars have underestimated the continuity between the original Constitution andthe Billof Rights. Yale Law Professor John Langbein complained about the demise ofthe criminal jury, an institution carefully protected by the Constitution and the Bill of Rights. Professor Kate Stith of Yale Law School, a former prosecutor, took exception to Langbeins comments to the effect that criminal defendants elect to plea bargain to avoid stiffer penalties sought by prosecutors when a case is brought to trial. The final panel discussed "Judicial Interpretation of the Bill of Rights." Professor Stephen Carter urged that judicial interpretivism has been beneficial to our society but interpretivism can be carried toofar. Professor Lino Graglra, in animated fashion, announced thatformer Justice Brennan and Justice Blackmun leap out of bed each morning, run to the window and query loudly "what evils in the world can I cure today?". I wonder if Graglia supposes Brennan and Blackmun went a little too far? The program concluded with a debate about whether "Congress should pass legislation overruling the Supreme Court's recent decision in the 'Peyote Case' limiting the scope of free exercise of religion?" Professor Mike McConell of University of Chicago Law School said that the Court decided wrongly, and that CONTINUED ON PG. 11 Biking Cross-Country For Abortion Rights: The Student Freedom Ride abortion, tying irfa oroad range by Alisa Gilhooley Students from across the coun- try will be participating in an historic Re- productive Freedom Ride this summer. Using bicycles as a vehicle to spread the message of the importance of reproductive rights and health, the young people will lead rallies, workshops, and speak-outs in towns between New York City and Seattle, Washington. Launched by Students Organizing Students, the 4,000-mile, ten-week journey will begin June 3,1991. "We are cycling because weare using our own physical and mental strength to show the nation that we are determined to ensure our rights," said Andrea Rose Askowitz, project organizer. "We will conquer the physical terrain of this country while symbolically conquering its political terrain as well." The aim of the Reproductive Freedom Ride is to educate and mobilize people of all ages on the issue of reproductive freedom. The students plan to extend the abortion debate beyond ot nealth issues. The reproductive rights and includes: safe and aborlegal agenda tion, freeto those in need, withoutrestrictions; accessible pre-natal and post-natal care; education about birth control, AIDS, sex, and sexuality; minors' rights to abortion and birth control; and an end to violence against women. "We're organizing the Reproductive Freedom Ride because we're young, energetic, and able to lead in this legof the struggle,"said JessicaTollefson, outreach coordinator. "We have to act because we are the ones directlyaffected by the birth control and abortion restrictions we face in this country." More than 1 million teenagers get pregnant every year. Currently, 80% of all abortions are obtained by women between the ages of 15 and 29, but recent legislation enforced in 15 states (parent consent and notification laws) have severely restricted this option for minors. The Reproductive Freedom Riders represent the overwhelming support of young people for abortion CONTINUED ON PG. 9 �Student Bar Association Candidate STATEMENTS DAVID CHIEN WRITE-IN CANDIDATE FOR THE OFFICE OF SECRETARY Student government secretaries seem like nothing but mindless stenographers to all but those who do the job. To all those who have done it, the work is more than merely taking down minutes. The secretary's input and involvement on student issues is as great as that of the other executive members. I am David Chien and I want to be your S.B.A. make unilateral decisions concerning budgetary and academic issues. Students have a right to a direct voice in matters of law school curriculum and SUNY budgetary appropriations. A vital role of the S.B.A. is not only representation but networking. Social functions have been conseiciously absent and need to be considered part of the law school experience. S.B.A. needs to reinstate the regular informal gatheringsthat it sponsored in the past. These affairs allow first years students to escape the constraints of their section and give cv- MICHAEL FEELEY Secretary. I have had a great deal of experience as a student leader. I wasVicePresident of the Residence Hall Association at SUNY Stony Brook, the administrative body which oversaw the twenty-six individual residence hall legislatures. This position involved hearing student group requests for money. I regularly dealt with the student body as wellas campus and SUNY administrators. In addition, I was highly involved in policy development, serving on committees which addressed campus security problems, procured services fortheresidence halls, and balanced the residence hall budget. As the secretary of the 1990 Room Rate Review Committee, I cowrote the multi-million dollar budget proposal for the SUNY Stony Brook residence halls submitted to SUNY Central in Albany. Write in David Chien for S.B.A. Secretary on April 16-17. JEFF ERTEL The S.B.A. must resolve to dowhatever necessary to protect student interests in the upcoming fiscal crisis, working with the administration wheneverfeasible, but working around them when we have to. Protecting students' interests means first detecting students' interests without going to extremes on the basis of misinformation or missing information. In order to be more reflective of and responsive to the student body, representatives should not be empowered to Hello! My name is Michael Feeley and I'm running for SBA VicePresident. I have overcome my usual measure of apathy to place myself onthe ballot. I was prompted to do so by my frustration with the continuing failure of law student organizations to win benefits from the administration and/or provide services to the student body. Attempting to bring about social justice in the law school community and elsewhere is an important endeavor for all, but a student government should do more. The Student Bar Association should provide services to ease the lives of all of the law students at this school. I have several proposals for additional services that the SBA could add to make our drab existence at UB Law School more pleasant. First, I see no reason why UB Law School should not have its own Law School Club (read Pub, Bar, Booze Trough, etc.) where students can relax withone anotherin a recreational setting. Many other Law Schools have them. Why not here? Certainly space can be found in a building this size for a small bar. Notice how well space is used in the basement of this school near those attractive first-year lockers. Everyone is over twenty-one and we could limit membership to law students and faculty. (0.X., maybe no faculty.) Second, the SBA could take the lead in the Bar Review Co-op movement. It is surprising that a group which is supposed to represent all the students has not made this issue which affects every student a major issue. I would have thought that the SBA would have seized upon this as a way to provide a service to everyone. Third, the SBA could write a regular column in THE OPINION summarizing current concerns and their status in a short list and include a schedule of events. An organizational agenda for all student groupscould also be coordinated by the SBA to avoid conflicts. Fourth, the SBA could coordi- natethegroups whoregularly sell coffee, bagels and donuts in the morning and possibly construct a snack barwhere the proceeds would go to student groups on a franchise basis. A permanent, organized system would be much more efficient and profitable than the current one. Finally, the SBA should try to organize a book exchange for law students to place their books for sale in a flea-market type systemwhere the books are set out by the SBA with the asking price and the seller's name attached to each book. The receipts and money would be set aside for each sale and distributed later. Personally, I'm sick of paying through the nose to the bookstore. If another law student gets the money, at least it'll be spent on a worthy cause, e.g. beer, avoiding eviction. I hope that you find at least some of these proposals of sufficient merit to earn a vote for me. I'll do my best to see that they are pursued to the fullest extent possible. If you 'd like to ask my anything, just come up and talk to me. Thank you for your attention. Remember to vote Michael Feeley for SBA Vice-President. BRIAN MADRAZO My name is Brian Madrazo. I am a second year law student and I am running for Student Bar Association President. I ask each and every law student to vote for mefor SBA President during the elections April 16th and April 17th. My reasons for running are simple. UB is our law school and I do not know right now if I would recommend UB to incoming first years. Secrecy on decisions effecting students and threats to the students are no longer mere isolated incidents but part of an emerging pattern. The only way students can reverse this trend is to act in unison on the issues that effect us all. While some may disagree with me I believe that the SBA can be such a unifying force. It requires strong leadership and dedicated people who are willing to stand up for what they believe in. I know I have those qualities. I will fight to pierce the veil of secrecy, andthe mentality thatallowsthese threats to be accepted as part and parcel of our SBA an effective and powerful voice for students. I have demonstrated leadership during my almost two years at this school, cochairing the Buffalo Public Interest Law Program's annual pledge drive, helping to create a Pro-Bono Task Force, representing the second year law students as a class director on SBA's Board of Directors. Further, on matters that directly effect all law students I have demonstrated a willingness to stand up and fight for law students" rights. I have taken a pro-active role during the current budget crisis, bringing a motiontotheflooroftheSßAtohaveaTown Meeting and then organizing that Town Meeting. Over 160 students came to the meeting, many, if not most, wishing to hear the Dean's rationale for the secrecy and threats to our student representatives. As many of you know, secrecy and threats to students are not newtothis law school. A goal of mine is to pierce this veil of secrecy by motivating the SBA to become more actively involved in the decision making process of this school. The only way to accomplish this goal is to create an effective SBA, one that responds to students' needs quickly and effeciently while at the same time commanding the respect and more importantly the ear of the administration. Direct action on issues that effect students such as budget cuts, registration, late gradesand bad professors must and will be taken. Some of my ideas are as follows: Standing committees will be created in the SBA that will be directed to not only look into the problems mentioned above but also propose and attempt to implement solutions. For example, there is no place to go at UB to find out what classes are worthwhile. One committee will be charged with the responsibility of creating a small pamphlet on who to take for a class and who to avoid at all costs. Further, Class directors should sit SBA office hours like the members of Moot Court, Law Review, AWLS and other student groups. The SBA should and will host at least two events per semester as well as sponsor speakers and brown bag lunches directly. In sum I have fought to end the secrecy and stop the threats. As President I will continue that fight and work to make the SBA an effective voice for the students. I thank you in advance for your support on April 16th and April 17th. DARRYL MCPHERSON His goals seem simple, but can be complex. He wants to bring unity, cohesion, and cooperation between the Student Bar Association, the student body, and the administration. It's easier said than done; a task better left to idealists or fools. You're about to meet one. His name is Darryl McPherson andhe'srunningforSßAPresident. He's not one for confrontation or controversy, he'll be the first to admit it. He tends to approach matters calmlyand thoughtfully. Effective communication, he feels, is established through building constructive relationships and mutual respect. At this time, he doesn't see any of the that. The future of UB Law is at a delicate crossroads. A healthy rapport with the administration is essential to protect the future. Though he doesn't like to fight, he will if he has to. Don't believe for a second that he won't. As a Second Year Director, he observed the workings of the SBA Office. His dedication to the office is without peer. He's tried to be helpful, and has given assistance in some capacity to almost every student group. Perhaps he's naive to believe in concepts such as honor and duty, and to apply those ideals to an organization like the SBA, but that's the kind of person he is. He strives for fairness and honesty in all his endeavors. Without a doubt, he would bring those qualities to �STATEMENTS CONTINUED Gold Group Formed for Young Alums Recognizing the energy, enthusiasm and unique interests of Law School's MCPHERSON CONTINUED the President's office. He recognizes that the importance of the officerequires ignoring some personal biases in favor of what's in the best interest of the law school as a whole. But he still wishes to bring some zingto the job. Hopefully, his amicable personality, quirky sense of humor, and creative streak will serve to spark a different, if not new, era in the governing of the SBA. He thanks you in advance for taking the time to read this missive, and for considering the possibilities. He's willing to make the journey, but you have to take the next step. Let speak the vox populi—vote. MICHAEL ORTIZ WRITE-IN CANDIDATE FOR TREASURER It isa sad state ofaffairs when no one cares enough about the law school student budget to do something about it. I do care and can make a difference. My name is Michael Ortiz and I am running for treasurer of the S.B.A. as a write-in candidate. I have a B.S. in accounting from N.Y. Institute of Technology as well as extensive experience in student government. As President of the Student Government Association at NYIT, I oversaw the administration of a budget of $100,000. Under my tenure, I helped organize blood drives, clothing drivesfor the homeless, and helped improve the library facilities, among other things. Give me the opportunity to serve the law school community. Write-in Michael Ortiz for S.B.A. Treasurer on election day, April 16-17. GREG OLMA I am entering the race for President of the Student Bar Association because it seems to me and also to many of my fellow law students that the SBA has become all but invisible lately. If I am elected I intend to pursue an activist course. That is, I would like to turn the SBA into a more active organization with the intent ofrepresenting the interests of the law student. I see the primary purpose of the SBA as primarily an advocate for the needs of this University's law students. Of course, there are positions to be taken and statements to issue, but the first responsibility ofthe SBA should be to the students that comprise it. I will use my experience with notfor-profit corporations as a tool. I have organized extensively; my experience runs from serving as a political campaign manager to helping start a community organization. I have seen institutional paralysis before and I have some ideas on how to shake the lethargy from the SBA. On organizations: The SBA can help provide support for a number of student associations, as it does now and should. I support working with the various student groups to help achieve mutually beneficial aims. One thing that I believe has been a detriment to us as law students is the amount of ideological strife over the past few years. I would take my election as a mandate to try to end these feuds and attempt to bring unity to efforts to better our stay at this law school. On Social Events: I believe that the SBA has to organize social events whether these events are beer blasts, socials, debates, whatever. We need more of them to help practice our social skills. After all an essential part of lawyering is communicating. I promise to have more events. I think that SBA has to encourage communication between us students. Chances are, there would be less tension and more unanimity. OnBook and Bar Review Coops: I signed up for the bar review coop, not only because I may get a better deal, but also because I believe in the concept of coops. I would like to get the SBA started on establishing a cooperative book store, perhaps withthe helpof the Clinic program at the law school. While I realize that many of us or even any of us will benefit from the cheaper books, future students will and this law school will be a better place forit. I believe that we have needed a coop for a long time and and now is the time. I am 31 and a resident of the east side of Buffalo. My undergraduate degree is in Journalism. I own a 1980 Ford Stationwagon with 127,000 miles on the odometer. I plan to pursue a career in government law. I have two cats, am a registered Democrat and play Softball, ruabv and soccer. newest graduates, the Law Alumni Association has embarked upon an exciting project—the formation of a GOLD (Graduates of the Last Decade) Group. This organization will address the needs of the Law School's most recent graduates, approximately 2,750 strong. Realizing that students are future alumni, the steering committee of the GOLD GROUP would greatly appreciate any suggestions about how the GOLD GROUP might interact with students. Students are asked to direct their ideas to Edward J. Markarian at Hawthorne, Markarian, Siegel, Manz & Burns, 3080 Delaware Aye., Kenmore, NY 14217 or call him at 874-2111. Commencement Review Course Contemplated by Chet Gary BAR-BRI and Pieper mayoffera one week course on how to "thinklike agraduate." The taped lectures, as usual, will provide the candidates with black letter knowledge withheld from them during their three year tour of duty. The tuition will run a mere $1991 for those who made down payments while still in high school and double for all others. (No kickback to the law school.) The course will inform students on the following topics: Commencement speaker: Michael F. Dillon, Presiding Justice of the Appellate Division, Fourth Judicial Department (Distinguished UBLaw School graduate, Class of 1951). Student Speaker: Mark Schlecter Music by: Hot Cargo Bar Association Plans Spring 1991 People's Law School Wills and trusts, an introduction to the court system, and consumer credit problems are among the topics slated at the Spring 1991 People's Law School. Sponsored by the Bar Association of Erie County, the five-week public education program is set for Wednesdays, May 8 June 5, from 7 to 9 p.m. at Daemen College, 4380 Main Street, Amherst. The program, which explains various aspects of the law in layman's terms, is open to all area residents. A non-refundable $20 registration fee includes the textbook, "Understanding the Law: A Practical Guide for New York Residents," handout materials, and all five lectures. Special arrangements may be made for those unable to pay the fee. Each session will feature presentations by local attorneys and judges experienced in the legal areas to be discussed. Certificates of completion will be given to those who attend all five sessions. Funding is being provided by the Erie County Bar Foundation and the New York Bar Foundation. KATIE SULLIVAN This spring's program includes: May 8, Introduction to the Court System/ My name is Katie Sullivan and I am Matrimonial & Family Law, with Tracey A. Bannister, Esq., as moderator; May 15, running for Student Bar Association Vice Counseling the Elderly/Wills and Trusts, David R. Pfalzgraf, Esq., moderator; May President. My running mate is Jeff Ertel 22, Money and the Law, including a look at Small Claims Court, consumer credit (for President), and we have several problems and bankruptcy, with David G. Jay, Esq. as moderator. general goals which will further the inAlso, May 29, Criminal Law and Victims' Rights/Landlord-Tenant Relations, terests of the law school community. featuring a mock trial and a discussion of landlord-tenant rights, Mark J. Mahoney, These include close contact with fellow Esq., moderator; and June 5, Buying and Selling Real Estate/Personal Injury and students to inform them of the Insurance, Stuart B. Shapiro, Esq., moderator. administration's machinations and to People who wish to register should call the Bar Association at 852-8687 by determine appropriate responses. Wednesday, May 1. For details, contact Debbie Silverman or Bonnie Kam at 852Further, we feel that in the present -8687. fiscal situation the S.B.A. mandates a greater official interaction with faculty members in the hope that improved dialogue will generate creative solutions to the inevitable cutbacks. Specifically, there must be a disciplined approach to any Research and Writing program. We May 8-June 5 cannot go from the present system to 7:00-9:00 pm (Wednesday random assignment of professors who evenings) be left to will theirowndevices in choosing an appropriate curriculum. It's not fair to the professors and it's certainly not fair to the students. Daemen College We are also looking forward to a much 4380 Main Street more sociallyactive S.B.A. in the coming year. Increasing the contact among all students as well as within the law school administration and faculty will increase .00 fee to cover materials our ability to discern the best policies to Your lawyer and the pursue and these will be my goals next Bar Association of Erie year. County invite you to learn Call 852-8687 All year long I heard criticism of what more about the law. for further information the S.B.A. was or wasn't doing. I decided that it wouldn't be right for me just to criticise if there was any chance that I could get involved and work for what I believed should be done. It is for this Funding provided by the Eric County Bar Foundation reason that I ask you to allow me to and the New York Bar Foundation. represent you as the vice-president of S.B.A. - WmWxS+M HriH DO YOU Know Your Rights? ESI wwmLmmm �I OPINION Mil Volume 31, No. 12 1 April 16,1991 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz jjm Monroe R On Rusczyk EDITORIAL Discretion and discernment are essential when resolving to follow a course of action, particularly one which we find unpleasant. While acutely conscious of the considerable step undertaken in thiseditorial and the weighty matter thatit addresses, there is no argument for avoiding responsibility in light of recent revelations. This is not an invective motivated by whim coupled with an eye toward sensationalism. It is with sincereresolve and distinct awareness ofthe unique qualification of The Opinion as a voice for the student body of SUNY Buffalo Law School that this paper requests the resignation of Dean John Henry Schlegel. During the tenure of Dean Schlegel there has been a detrimental change in the administration of the law school, particularly in matters that directlyeffect the students. The students attending SUNY-Buffalo Law School have dedicated considerable time and resources to reach this point in their education and inreturn the law schoolshould provide them with thebasic skills necessary to pursue a legal career. Most students would agree that the quality ofthe education they are receiving or have received here at UB is superb. The exceptional dedicationand concern of particular professors hasno doubt played the most considerable role. For many of us, our"best" classes are the ones whose professors were outstand ing -as both friendsoutside the classroom and especially as educators inside the classroom. It is one thing for a person following avision of abetter community tolead by example and it is quite anotherwhen the manifestation ofthat vision goes awry. Dean Schlegel's unquestioning adherence to the tenets of Critical Legal Studies does not necessarily drown eitherthe students orthe faculty ofthisschool in a miasma ofuselessrhetoric. Instead, he has failed to offer students, particularly first year students, fundamental concepts oflaw-knowledge ofwhichis necessary not only in a more perfect society-which we wish to attain, but realistically, the imperfect society we are apart of and will contribute to. Graduating students preparing for the upcoming bar exam havebeen particularly vocal in their disappointment and sense of frustratioinconcerning their experiences as students of Prof. Schlegel. As an administrator, inexplicable and unnecessary veils of secrecy blanket the important issues which arise in the committees he chairs or sits on. The editorial board of The Opinion, as well as the majority of the student body, was shocked several weeks ago at the threat Dean Schlegel lodged against several first year students serving on the Budgetary Priorities Committee. Although invitedto thesubsequent town meeting held specificallyto address matters ofconcern to supplying explanations. the students that Schlegel had generated, Dean Schlegel did not bother to attend and left Dean There seem to be no competing arguments k> warrant Dean Schlegel's continued occupation of the position of Associate Dean and several reasons torequest a replacement. The position should and must be occupiedby afaculty memberwho would consider the educational needs and goals ofthe students above anything else. Staff: Daryl McPherson, Pat Miceli, Lenny Cooper, Nathanial Charny Contributors:Robin Sardegna, Ron Welner, Srikant Ramaswami, Chet Gary, Karl J. Czymmek, Alisa Gilhooley, Gary Ketcham CCopyright 1990. The Opinion, SBA. Any reproduction o< materials herein is strictlyprohibited without theexpress consent of the Editors. The Opinion is publishedevery two weeks during theacademic yuear. It is thestudent newspaperof theState University ofNew York at BuffaloSchool ofLaw, SUNYAB Amhersl Campus. Buffalo, New York 14260. The views expressed in thispaper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion Is funded by the SBA from Student Law Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libeious content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not put anything youwish primed under our officedoor. All submissionsshould be placed in lawschoolmailboxes 677 or80S by thedeadlinedate. Deadlines forthesemester are posted in themailroomand outside The Opinion office, 724 O'Brian. THE OPINION MAILBOX What if the Racists are Wrong? To the Editor: This letter is written in response to Hans Tirpak's "What if the Racists are Right?" First of all, many progressive educators and neurobiologists believe that intelligence is a lot more complex than IQ scores, which basically verify test taking ability. Harvard Professor Howard Gardner's theory of multiple intelligences, which is based upon research in cognitive psychology, brain research studies and cultural anthropology, is the example. A Yale professor whose name escapes me has a triarchic theory of intelligence. Many factors such as socioeconomic status (rich people get higher scores on IQ tests) and cultural bias (the population resembling those whom the test is normed on perform better) are often ignored by psychometricians, whose predecessors once correlated head shape with criminal tendencies. There is also species bias. A (typically vegetarian) gorilla named Koko, who signs, was marked wrong for considering a flower edible and a hamburger inedible. Koko still scored over9o. Since the average American white male scores under 100, the inevitable conclusion (if you believe IQ tests measure intelligence) is that a smart female gorilla is almost as intelligent as the average American white male. Lastly, while IQ tests (like the LSAT) may correlate to some degree with school performance, there is no. correlation with life satisfaction. Alan Glaser Celebration of Diversity Sponsored by Counseling Center To the Editor: Last Spring, "Outreach Services" of theCounselingCentersponsoredthe first Celebration of Diversity to be seen here at ÜB. This six-hour multi-media event was an innovative and original approach to promoting tolerance and sensitivity to differences among students at ÜB. This exciting program was based onthe philosophy that differences between and among students help to enrich the campus community and therefore these differences in gender, race, lifestyle, religious affiliation, sexual orientation, and ethnicity ought to be valued rather than treated with derision and This yearourprogram, originally scheduledfor April 19, has been rescheduled to coordinate with International Fiesta on May 3rd. Some of the events of the Celebration of Diversity extend throughout the preceding days—April 30 to May 2nd, and some have been included as part of the International Fiesta on May 3rd, 1991. (Note: Spring Fest has been scheduled for Saturday May 4th, making this an all out week of celebration on the campus!). The Celebration of Diversity and The International Fiesta will be co-sponsored by Outreach Services (Counseling Center), undergrad students in the Introductory Leadership Seminar, Life Workshops (Office of Student Life), and the International Affairs Council (Student Association). Call us for more details about the following scheduled activities: Tuesday April 30, Noon-1 p.m.:Live Music featuring "Rising Tide" (Founders' Plaza) May 1, Noon-2 p.m.:Live Music in Capen Lobby Slide display "Graffiti at UB" 7 p.m. to 9 p.m. -.Keynote Speaker (TBA), Slee Hall ursday May 2, 5 p.m. to 8 p.m.: Campus Speakers {tdnesday day May 3, Noon to 10 p.m.: PanelDiscussions Mini-Workshops & Film InternationalFiesta To date, more than 20 international student groups have agreed to participate in the International Fiesta. This 10-hour event includes Cultural Displays, Food Tastings, Improvisational Skits, Fashion Shows, Kite-Flying Exhibitions (daytime and nighttime), a formal Dinner, and dancing to Live Music featuring bands which include the Caribbean Extravaganza, the Outer Circle Orchestra, and a Haitian Students' band. On Wednesday May Ist, we will be featuring a surprise Keynote Speaker— look for flyers announcing this as well as the other activities of the week-long Celebration of Diversity. Other campus representatives committed to programs on diversity will be featured on Thursday May 2nd. In keeping withthe spirit of celebration, live music will be featured throughout the event. We would appreciate the support of all the students, faculty, and staff at ÜB. Thereare over 27,000 students at this University. If each of usattends only one activity, the week will still be a success. We strongly encourage thefaculty and staff to become involved. Let's put UB on the map with a splendid show of support for this event which we hope to sponsor annually. Buttons and T-shirts promoting this program will be on sale before and during the event. Your support in these purchases will also be appreciated and will help defray some of the costs. There is no admission charge for of the four days of events. Finally, I want to highlight the major roles played by students in the organizan and implementation of this program. This is a series of programs on diversity veloped by students for students, with the needs of students in mind. Let's prove once and for all that there's no such thing as apathy at UB!! We need your support so call us and GET INVOLVED!! For further information, please contact Dr. Jillian Ballantyne at 636-2720, or Ms. Zeynet Uluer at 636-2950. We thank you for your support. Sincerely, Jillian Ballantyne, Ph.D. Coordinator of Outreach Services {y LETTERS CONTINUED ON PG. 8 DARYLMCPHERSON AMERICA? ISTHIS by I J iot> for Superrr, ar " J �GROUND ZERO Supreme Court's Ruling on Coerced Confessions Bodes I I forFuture by Michael D. Gurwitz Layout Editor When Justice William Brennan left the Supreme Court in 1990, progressive individuals and organizations around the country feared the worst. WithBrennan onthe Court, the legacy of Earl Warren was safeguarded by a five to four majority. Together with Justice Brennan, Justices Marshall, Blackmun, Stevens, and White heldfast against the conservative blocof Justices Rehnquist, O'Connor, Scalia, and Kennedy. Though Justice White frequently joined with the conservative justices, he could be counted on to vote with the Brennan majority on crucial issues involving personal freedom and rights. Brennan's departure drastically changed this equation. President Bush deftly sidestepped a Bork-like controversy by nominating David Souter, a mysterious, seclusive jurist. Dubbed the "Stealth Candidate," Souter met little resistance from Congress and quickly became President Bush's first appointee onthe Supreme Court. Progressives held their breath and hoped for the best. Among otherthings, Justice Souter had a reputation forfavoring the prosecution in criminal proceedings. The question was, how would this proclivity play out in the Supreme Court? Alas, Justice Souter followed his habits all too well. In the case of Arizona v. Fulminante. decided onMarch 26, 1991, the Supreme Court of the United States ruled that coerced confessions will no longer automatically bar conviction. Five justices joined in the majority: Rehnquist, O'Connor, Scalia, Kennedy, and Souter. Justices White, Marshall, Blackmun, and Stevens nobly cast their votes against this heinous decision; but with Brennan gone, and the conservative Souter in his place, they, and the rest of the nation, lost an important battle in the continuing struggle for freedom and justice in this country. The majority in Arizona heldthat coerced confession of a criminal the may defendant be used as evidence against that defendant if it constitutes mere "harmless error," i.e., if the rest of the evidence at trial was sufficient to convict the defendant even without the confession. This ruling flies in the face of rational thought. What could be more damning to a defendant, more persuasive for a jury, than to hear a defendant say: "I didit." How can this be considered harmless? Once uttered by the defendant, how can the jury disregard such information? How, once struck, can the bell be unrung? The rest of the cvi- dence may vary in strength, but once in the jury room, can there be any reasonable doubt after hearing the defendant say: "I did it." Opponents of the exclusionary rule—a "mischievous" rule, according to the Wall Street Journal—delighted in the decision. Punishing criminals, according to such conservative thought, should not be hampered by the mere technicalities of the fourth and fifth amendments. That this view is misguided is obvious; that patriotic American embrace it—including, apparently, the conservative members of the Supreme Court—is shocking. Justice White was aware of the terrible implications of the Arizona decision. In a dissenting opinion given orally in the courtroom, Justice White said: 'Today a majority of the Court, without any justification, overrules this vast body of precedent without a word and in so doing dislodges one of the fundamental tenets of our criminal justice system. Which tenet was Justice White speaking of? The tenet of due process— the principle that whomever becomes embroiled within the power of the United States' legal system will be treated with fundamental fairness. Let there be no doubt about it: a confession given under coercion, either by threat of harm, or by harm itself, is a worm-eaten confession that irreparably damages a defendant's opportunity for a fair trial. It is as obnoxious to our Bill of Rights as a gag on free expression, or a denial of trial by jury. The Arizona decision is not just bad law, it is dangerous law; unfortunately, it is not an aberration. The five justices of the majority are a product of the Reagan/Bush Administrations. These administrations have, by word and deed, showntheircontempt for individual liberty and justice. From drug testing to abortion to illegally obtained evidence, the Reagan/Bush Supreme Court justices have demonstrated that they are all too willing to follow the radical right's attack on freedom in this country. Justice Brennan left the Court at a time when this country needed him most. The remaining four justices are very old. It is highly likely that President Bush will replace one, or all, of them. With each new appointment, the Supreme Court will take a further, larger leap into authoritarianism and tyranny. As law students, we have a special task before us. It is up to us to continue the struggle for freedom, justice and the affirmation of human dignity. Ourfuture, and the future of our children, depends on it. We must not fail. Arab Palestine: Fact or Fiction? by Ron Welner The Israeli-Palestinian conflict over the territories Israel captured during the 1967 six-day war is unique since there is no precedent in world history that after two millennia one people are returning to their ancient homeland. Itis not the typical world situation of one powerful country conquering and colonizing a distant land inhabited by a native population. Thus, it is important to understand that any analogy of another world dispute to this one would be improper. The first consideration that must beexamined is whatthedispute isabout. Priorto the PLO's 1988 political initiative, namely the recognition of the state of Israel, the Israeli-Palestinian conflict was over the entire land controlled by Israel: Israel proper and the West Bank and Gaza. Since no Israeli would agree to the formation of a Palestinian entity on the entire land and since the PLO was the dominant group of the Palestinians, a peaceful solution to the conflict was inconceivable. The Intifida changed all this. The goalof the Intifida was and still is at a minimum the immediate establishment of a Palestinian state in the West Bank and Gaza. Chairman Arafat and other PLO leaders realized that if they still want to play the leading role of the Palestinian people they must respond politically to the wishes of their people. The PLO's other alternative, the "armed struggle", was leading them nowhere. Thus, the conflict centered on the territoriesthat Israel captured duringthe sixday war and the question is who should rule them. The conflict over these territories runs so deepthat even the name is in dispute. While the Palestinians call the territory that Israel captured from Jordan the West Bank, the Israelis call it by their ancient Hebrew name, Judea and Samaria. For the purposes of this article I will call it by the neutral name "territories". This paper will analyze the possible options to the Israeli-Palestinian conflict. However, first it is imperative to examine the history leading tothe conflict as well as important international law considerations. History: Both Israelis and Palestinians use history as an argument for their claim to the territories. The Palestinians claim that the territories as well as proper Israel belong to them by the virtue of the fact that they were the majority for hundreds of years prior to the establishment of the state of Israel. However, its historically undisputed that for about 1500 years the entire land between the Mediterranean sea and the Jordan river were part of ancient Israel. The territories were the most significant part of ancient Israel. Most Jews lived there. The destroyed Jewish temple and the old city are located in what is now considered east Jerusalem. The city of Hebron in Judea is the location of the tombs of the patriarches Abraham, Isaac, and Jacob. In about 130 C.E. the Romans had forcibly removed a large part of the Jewish population after they almost completely destroyed Jerusalem and set the Jewish Temple on fire. Moreover, the Romans changed the name of Israel or Judea, as itwas called then, to Palestine to obliterate the association between the people of Israel and their land. It is important to stress that even though most Jews were living in the diaspora since their expulsion by the Romans there has always been a Jewish community in what has become known as Palestine. The first presence of Arabs in Palestine occurred in the seventh century. Thereafter, Palestine was conquered by many empires. The fact is that there has never been an independent Arab state in Palestine. Indeed, prior to large Jewish immigration (the late nineteenth century), much of Palestine was largely barren and sparsely populated. Most of the Arab population of Palestine immigrated to Palestine from other Arab lands during the British Mandate Period (1918-1945). Dr. Carl Hermann Voss, Chairman of the American Christian Palestine Committee.wrote: "The Arab Population ofPalestine was small and limiteduntilJewish resettlement restoredthebar- ren lands and drew to it Arabs from neighboring countries... When organized Jewish colonization began in 1882, there were fewer than 150,000 Arabs in the land. The great majority of the Arab population in recent decades were comparative newcomers either late immigrants or descendants of persons who had immigrated into Palestine in the previous seventy years." — Dr. Voss's assertion is corroborated by the research of Joan Peters, an American civil rights worker and freelance writer, who for seven years researched the claim that the establishment of Israel caused the displacement of Palestinians who had lived there from 'lime immemorial." Initially she was motivated to study the situation by concern for the plight of "Palestinian refugees." However, she concluded that that claim was a myth intentionally created by Arableaders in their war against Israel. In fact, the United Nations changed the definition of "refugee" from a person who was forced to leave his "permanent" or "habitual" home to any person who had been in Palestine for "two years" prior to 1948 in order to afford themassistance. Another point to stress is that prior to the British and French defeat of the Ottoman Empire, the Arabs in Palestine did not consider themselves Palestinians but part of greater Syria or part of a Pan-Arab nation. The Arab historian Philip K. Hitti stated in 1945: "Palestine does not exist in history—absolutely not." A former mayor of East Jerusalem stated: "Palestine, Jordan and Syria constituted one family until the British and French occupation in 1918... We do not differentiate between our people." In fact, President AssadofSyriaclaimsthafGreaterSyria" includes Syria, Lebanon, Jordan and Palestine. At the aftermath of the defeat of the Ottoman Empire, the League of Nations in 1922 established a British Mandate for "the administration of the territory of Palestine." It instructed the British to place 'the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home." The British mandate over Palestine included what is now known as Israel proper, the territories and Jordan. However, the British violated the terms of their Mandate. In 1923, they tore 77% of Palestine byforming a new entity,Transjordan, on the east side of the Jordan River. Thereafter, they sharply restricted Jewish immigration to what was left of Palestine while permitting enourmous numbers of Arabs entry to Palestine. Even Franklin Roosevelt (who later shut the door to European Jewish immigration while cognizant of the Nazi holocaust) wrote, "Frankly, I do not see how the British government reads into the original Mandate orinto the WhitePaper of 1922any policy that would limit Jewish immigration," Infact, in 1923,the League of Nations Permanent Mandate Commission protested the 1939British White Paper (which sharply limited Jewish immigration to Palestine) as a violation of the Mandate. During World War II the British illegally continued to restrict Jewish immigration while the Nazis and their collaborators were slaughtering European Jewry. In 1947, the United Nations recommended the partition of Western Palestine to two states: an Arab state and a Jewish state. The Arabs rejected that resolution which followed by a seven Arab states attack on the new born Jewish state. Thereafter, Transjordan occupied the West Bank and Egypt occupied the Gaza strip. Transjordan then annexed the West Bank and renamed itself Jordan. It is important to stress that although Jordan is ruled by a hashemite king, the Palestiniansare the overwhelming majority there. Thus, Jordan is a de facto Palestinian state. During the almost twenty years that the territories were under Arab control, no "Palestinian" state was advocated or established there. It was only after the Israelis liberated Judea and Samaria that the Palestinians advocated a state there (up to recently also in Israel proper). Therefore, one must question the true motives of the Palestinians and in particular the PLOs. Tuesday, April 16,1991 • The Opinion 7 �COMMENTARY ITtheali nLoafer: Ask Yourself Why 6y John®. Licata features "Editor Adventuros f a Legal Gumshoe Normally I wait a day before reading the newpaper. By waitingthat extra day the anticipation builds itselfinto af renzied stage and I can read with the nervous anxiety one should always use when approaching a newspaper. It also helps me view the entire tapestry of events as history and emotionally remove myself from the trauma of the individuals and groups covered on the bleeding newsprint. That and it's infinitely cheaper to buy a day old paper from a news stand, or to get it free a day late from the dentist down the hall. But, the other day I dint feel like waiting for the dentist and I had a craving for some substantive information. Why I bought the Buffalo News I'll never know. The headlines were the same old things; fires, lawsuits, famine in the Mid, East, and "Nixon calls for CIA 'hit on Saddam." [4/14/91 A-8] The last one caught my attention like Imelda Marcos dancing the tango with Bob Barker: it'll only happen if the Price is Right. I can not imagine a string of proper nouns instilling more fear into the fiber of the collective American conscious than Nixon, CIA and Saddam. The use of Saddam Hussein's first name is obviously to keep him from being confused with another Mid-Eastern ruler that Mr. Nixon may want assassinated for the sake of American foreign policy. I do not question Mr. Nixon's preoccupation with foreign policy since he's better liked over there, regardless of where 'over there' signifies. While the headline really said it all, I readthe article anyway. It's akin to staring at an auto accident on the highway - you look knowing nothing you see is going to sit well with you. Ex-President of the United States of America Richard Milhous Nixon (hereinafter Dick), the man who, with a little help from his paid associates, quadrupled the number of Americans who falsify information on their tax returns, suggested the assassination of Saddam Hussein as the most effective means of stabilizing the Mid-East. While the suggestion itself is ludicrous (since nothing short of complete renunciation of the territory by every human, alive or dead, will provide stability) the manner used by Dick is completely inept. I had thought that sixteen years of exile would help the Sophist of San Clemente achieve a higher level of rhetoric. Not so. I quote the man who gave us "I am not a crook" and made the phrase "tricky" an insult. "If I could find a way to get [Saddam Hussein] out of there, even putting a contract out on him, if the CIA still did that sort of a thing, assuming it ever did, I would be for it." This guy has a law degree? From Duke University? What a horrible liar. What an enlightened foreign policy. Perhaps we should ask Salvador Allende, Anwar Sadat or Fidel Castro for a second opinion on assassination, the CIA and its behavior. Sadat would be limited to assassination as a means of establishing stability in the Mid-East. Maybe John Mitchell could give a legal opinion? Dead or alive I'm sure his answer wouldn't change substantially. He'd simply plead the Fifth. But then the article shifts gears and Dick is talking about Boris Yeltsin, Mikail Gorbachev and the Russian situation. His keen insight into people provided this bon mot for Boris Yeltsin - 'he's no mental lightweight." This endorsement coming from the man who chose Spiro Agnew (another tax evader tough on clime) as his Vice-President, selected the keen mind of John Mitchell (the man who split time between the White House and the Big House) for advice on legal matters, and put William Rehnquist on the Supreme Court for the rest of us to decipher. I'm sure Boris is proud to be in such illustrious company, he must be bragging to his friends right now. "Hey, comrades, check out this article. Richard Nixon thinks I'm no mental lightweight!" His pals circle around and pass a cold bottle of Stolichnaya with alot of predictionsofgoodthings, toasting Boris' good fortune and each agreeing this is what will solidify Boris' political reputation in Russia. Gorbachev sendsthefollowing telegram. "Dear Boris <stop> I'm sure you're proud because we all know what a great judge <stop> of character Mr. Nixon is and how devoted he is to <stop> accurate political statements." With an endorsement like that the next headline in Tass could be "Yeltsin calls for KGB 'hit' on political assassin." Dick then says Nancy and Ron were in control of the White House for eight years. Yet another outlandish statement. Michael Deaver and Ed Meese were there for some time and let's not forget Al Haig assuring the world that we could all relax because he was in charge. Since Haig worked in the White House for Dick I'm sure it was an unintended oversight by Dick to say the Reagan's had control for the whole eight year period. He actually had the gall to chide the American public for wanting to see past the veneer it had readily accepted while the Reagans were jointly holding office and for buying the unauthorized biography by Kitty Kelley. Unfortunately, for the American public, most of the documents authorized by Reagan were shredded in a weekend warrior's demented frenzy. The sad state of affairs, of both this country and this author, don't need to continually see Dick Nixon paraded around the media like some rusty threat to use on other nations. Are we secretly telling the rest of the world to deal with our president because you never know what clown we can select to replace him? This is global blackmail. At least we ought to be paid to put him in the media lineup on a Sunday night. I tossed the rest of the paper onto the couch for later reading. I hadn't voted for Dick but his presence still bothered me like a pair of wool underwear. Nobody knows why but you're damn uncomfortable. Was the legacy ofthe silent majority so strong that Boris Yelstin had to fearfor his political career? After a roast beef sandwhich and garden salad I felt better. In fact, I felt good enough to promise myself to vote in the very next elections that came my way. A painless promise I made to spite that damn silent majority. The Deadline for the next issue of The Opinion is April 22 at s:oopm Please submit articles to box 677 or 808. 8 Tuesday April 16, 1991 • The Opinion by Srikant Ramaswami They beat him repeatedly. Big wooden clubs that knew no boundaries went back and forth with Satanic fury. Somehow, he wanted them to stop. But they continued to pound away, turning his body into a battlefield of brutality. He was onthe ground now. But the beatings continued, as though the pain and humiliation that ensued would teach him to respect the law. And don't tell me you didn't see it. Don't tell me you didn't see a black man getting his ass kicked on national television. Don't tell me you turned the other cheek while Rodney King fell victim to the wrath of "L.A.'s finest." CNN, CBS, NBC, ABC. I saw it all, and I was greatly disturbed. For if this isthe "punishment" one gets forallegedly speeding, then take away my driver's license. Take away my cartoo, anddon't let me ever see it again. For I would rather walk these United States, than be subjected to the vacuous acts of officers who run the city streets. Much has emerged from the Rodney King controversy. First, there is the all too familiar issue of racism. Was this a "black against white" inspired attack? Was this an effort to emasculate King and remind him that the color of his skin must dictate the content of his character? Was this an effort to tell Mr. King that failure to adhere to a 55 mile limit results in no less than 55 beatings? And there are other controversies. Must Darryl Gates retain his job? Is the L.A. Police Department just one instance of a common happening? Has the age of videotransformed acoveted illicit activity into a slate board of visual reality? Rodney King's fate is inextricably linked to the fate of many police departments around the United States. All at once, it appears that King will never be the same again. His anatomy has been damaged. Permanently scarred. And no matter how humane other police departments might be, they will all be judged on an L.A. standard from now on. A lesson to "warn" people about the dangers of disobedience has backfired into a civilian crusade against cruelty. Today the Rodney King story is a few weeks old. The police department is "looking into it." Darryl Gates has announced a "ten point plan" to deal with the situation. Yes, indeed. Once again, as we've seen before, committees, and sub-committees will be formed to "get to the bottom of this." Weeks and months, perhaps even years will pass until a solution, if indeed any solution, is found. The Courts will decide, and re-decide. But the fact remains that Rodney King was beaten. That cannot be taken away. He is badly hurt. And "sorry" just won't heal the pain. We all have some idea of what will happen now. Perhaps the officers in this incident will be relieved of their duties. Perhaps King will win a big settlement for all the bruises that were inflicted upon him. Perhapsthefortunesof Donald Trump will distractthe media's attention. But I want you to think of the broader context here. Think of that wooden stick whacking the living daylights out of Mr. King. Think of hisagony as he writhed in pain on the streets. Think of how the beating wouldn't stop. Think of the police action that psychologically scarred him for life, reducing him to a "Mr. Nothing." Andask yourself why this had to happen. Ask yourself why we treat fellow human beings with such malice and prejudice. Ask yourself why the concept of violence must dictate the potency of some and the impotency of others. Ask yourself why the altruistic deeds of Martin Luther King should be stymied by the acerbic deeds against Rodney Xi ng. Just ask you rself WHY? — Opinion Mailbox Continued from page 6 Dear Editor, I participated in the TA work stoppage on Monday in the following ways: * I made copies of the flyers so I could hand them out to my Spanish class when I explained to them why I was not going to teach on the 15th and 16th. * I spoke up at our departmental meeting * I was here at 7:30 am on Monday morning realize these are rather modest contributions and haven't listed them in order I to brag. I wish to makea point about the tactics used by some of the people picketing. I am strongly considering not participating in the future due to the belligerent attitude of some of my fellow TAs and their harassment of people who were trying to enter Clemens. I'm sympathetic to the cause. Imagine the reaction of someone who is not. INSULTS AND CLICHES ARE COUNTERPRODUCTIVE TO GAINING SYMPATHY AND CONVINCING PEOPLE THAT WE ARE JUSTIFIED IN OUR DFMANDS. At the back entrance of Clemens Monday morning we were successful in getting people to listen to our point of view and sign the petition. Our success was attributable to our non-combative manner. It justhappened that the people who were stationed there were less confrontational and threatening than those at the other entrances. The people who walked by us would not have been enlightened by insults — they would have become even more angry and we would have gained nothing. I left to work in the library at 11:00 and in the hall I heard several anecdotes about how people were intimidated by shouts and even shoves. I doubt any ofthese people will be very supportive of us. I was "interrogated" when I found it necessary to return to my office for a notebook and I saw others receive the same treatment. One would expect graduate students to rely on reason and also to be savvy enough to take into consideration how others will react to our treatment of them. Many of us were doing neither. We have the right to protest but we don't have the right to try and force others to do so. Trying to do so will hurt our cause more than help it. If it turns out that my only options are either associate myself with a rude, cliche shouting, mob or be taken advantage of by the administration, I'll choose the latter. — Mark Rakestraw �Highlights of the Supreme Court Docket by Robin Sardegna [Editor's Note:Part 1 ofa two-partseries.] During the course ofthis semester the U.S. Supreme Court has decided a number of important cases. Each case represents a major change in at least one area of the law. One allows a private cause of action under the Commerce Clause, another lays out the test under which a school desegregation order may be rescinded, still another limits tribal immunity from taxation of Native-Americans. The Court also held that the exclusion ofwomen withchildbearing capacity from lead-exposed jobs violates Title VII of the Civil Rights Act, that the Federal Torts Compensation Act does not apply to injuries outside the U.S., that the Civil Rights Act does not apply to U.S. em- ployers employing U.S. citizens abroad, and that the erroneous admission ot coerced confessions can be harmless error. On January 15th, the U.S. Supreme Court decided Board of Education of Oklahoma City Public Schools v. Powell. In 1972, a desegregation order wasimposed by a Federal District Court on the Petitioner Board of Education. In 1977, the District Court found the school district had achieved "unitary" status and issued an order terminating the case pursuant to which the desegregation order was issued. The Respondents, a number of black students, did not appeal. In 1984, Petitioner adopted a plan Latin American Law Student Association Brings High School Students by Javier E. Vargas The Hispanic presence in this country has a long historical tradition as well as new and pressing realities. Hispanic visibility during this decade has been the result of revelations emerging from Census data whichconfirmed that Hispanics werethefastest growing minority in the U.S. society, andthatlfthecurrent growth patterns continued, Hispanics will become the largest minority group in this country Currently, the Hispanic population totals over 20 million throughout the United States. Despite this population increase, Hispanics continue to lag behind in the area of education. Although 60% of all Hispanics have completed four years of high school or more, only 11% are reported to have completed four years of college or more. The Latin American Law Student Association (LALSA) concerned about the significance of the low percentages ot Hispanic students pursuing a higher education has been conducting, since its foundation, a High School Outreach program on which high school students are shownt eh advantages of a higher education. The program stresses the crucial importance of a college education in these modern times This year the event took place Friday, April 12.1991 in the Senate Chambers of Talbert Hall and in 109 O'Brian Hall. The attendance of almost forty students was both unprecedented and promising. LALSA provided transportation, breakfast, and lunch to all the Grover Cleveland High School students. The theme of this years event was: Education, The Key to Success. A full day of speakers was prepared. It included talks about the importance of a higher education, the availability of different types of financial aid programs, admission requirements and special admissions programs, and informal educational experiences by different Hispanic law students LALSA was honored to present speeches by Dean of the Law School. David Filvaroft; the Associate Director of the Educational Opportunity Center, Michael A Rivera; Associate Professor of American and Puerto Rican Studies, Alfredo Matilla; and Financial Aid Advisor, Tony Caito. Although the event was geared toward higher education generally, as law students. LALSA is particularly concerned with the tow Hispanic law student enrollment and the Hispanic underrepresentation on practice and, especially, in law school faculties For this reason, the program included a mock Grand Jury Indictment prepared by members of LALSA and other law students. The "Grand Jury"was randomly selected from the high school students. Afer asking several question to each witness, they indicted the accused. returning a number of schools to a one Court, case law and the Equal Protection race status for the asserted purpose of Clause demand only that the Board comeasing busing burdens on black children. ply in good faith from the time of the The District Court denied Respondent's order's entry/and that in light of school motion to reopen the case, holding its operations, the vestiges of past de jure determination to be res judicata. The segregation have been eliminated to the Tenth Circuit reversed, holding that Reextent practicable. If the District Court spondent could challenge the plan since decides that this test has been met, the the school was still subject to the desegCourt said, the order may beierminated. regation order. Dismissal of the case, the In the case of Dennis v. Higgins. court argued, did not terminate the order. decided on February 20th, the Court On remand, the District Court terminated heard a case involving 42 U.S.C. 1983 the injunction, finding desegregation to and the Commerce Clause. The Petibe no longerworkable andthatthe school tioner, a common carrier, filed suit in district had complied in good faith with Nebraska state court claiming certain the order. The Tenth Circuit again retaxes imposed by Nebraska on vehicles versed, holding that the order remained registered out of state, but operating in in effect until the school district can show that state, violated the Commerce Clause, "grievous wrong evoked by new and unand that the state department of motor foreseen conditions," and that circumvehicles wasliable to him under 42 U.S.C. stances had not changed so much as to 1983. The state court found a violation of justify modification of the 1972 order. the Commerce Clause but denied The Supreme Court, agreeing Petitioner's Section 1983 claim. with the Tenth Circuit, held that ResponThe Supreme Court held that dents may contest the District Court's Section 1983 allows private suits for viodissolution of the 1972 order since the lation of the Commerce Clause. Section 1977 dismissal, which Respondents did 1983, the Court said, speaks of deprivanot appeal, did not dissolve the 1972 tions of "any rights, privileges orimmunidecree. The Court went on to say that the ties secured by the Constitutionand laws District Court was unclear in its terminolof the U.S." The Court said that legislaogy, e.g., "unitary status," and that if a tive history and case law have rejected desegregation order is to be terminated, attempts to restrict the types of rights partiesare entitled to a precise statement encompassed within that phrase. Acto that effect from the court. The Court cording to the Court, therefore, Section also held, however, that the CircuitCourt's 1983 confersrights, privileges, etc. within test was too stringent. According to the the meaning of Section 1983. Wendy Sltva and Marcos Zunlga address area students at LALSA's High School Outreach. LGLSO Continued from page 3 points otherthantraditional heterosexual ones." Reinig would also like to see the school hire an openly gay or lesbian law faculty member. However, he feels that this will be difficult. "The school has a homophobic reputation. Many other schools have instituted policies on how to handle anti-gay action, but our school has none. Openly lesbian orgayteachers might be reticent to come to a bad atmosphere." The bad atmosphere of homophobia is another matter with which the LGLSO must deal. Vandalism is a major problem. Posters for LGLSO sponsored events areregularly torn down. A blackboard notice for the Paula Ettelbrick lecture was erased and replaced by anti-gay slurs. The LGLSO office door has been defaced several times. Addressing Public Safety's response to such acts, Reinig said: "They give it low priority. They do believe that it exists,but theyfeel we are making a lot of noise over nothing." The homophobic sentiment on campus was expressed most forcefully last semester when a lesbian, who was out riding a bicycle, was attacked by several men and beaten brutally. Such actions are relatively more common at schools. Reinig ascribes this to the fact that one of the primary causes of homophobia is an individuals insecurity about his/her own sexuality. For this reason, homophobic sentiment is higher among younger undergraduate students than it is among graduate students. This homophobic atmosphere also bothers Mayo. She finds a "basic hypocrisy" in the view of some of the more politically active students at the law school: "These students call for First Amendment freedoms and do nothing to ensure that people without these freedoms are given the chance. They pay lip service to speaking out about not being chilled. Yet no one comes and says ■we'll make sure your posters don't get ripped down.' They don't try to help groups who are truly chilled to have their say. It would be nice if some ofthese First Amendment absolutists would join in to make sure that it didn't happen." When asked whether she felt that the LGLSO had a duty to educate people who hold homophobic views, Mayo was adamant: "It's not my job to educate non-gays. It's to nurture gays and be part of the lesbian and gay community. Straight people have the job to come to me. It's the same as [the lack of a duty of] blacks to educate whites on racism. I'm not a teacher. Living in a predominantly heterosexual society, living out of the closet to any degree i≤ education. I'm absolutely, fundamentally not trying to educate straights. But people who say 'I've never met gays'—I don't want that to happen during my life. I do what I do because it's important for someone to say it." Freedom Ride Continued from page 3 rights. According to "American Freshman: National Norms for Fall 1990,"an annual survey conducted by the American Council on Education, 79% of first year college students believe that abortion should be legal. All students interested in participating in the Reproductive Freedom Ride should contact the New York headquarters of Students Organizing Students. A variety of internship opportunities are available across the country, including local site organizers, publicity coordinators, and fundraisers. Ms. Askowitz is a 1990 graduate of the University of Pennsylvania. Alisa Gilhooley, the project's media outreach coordinator, is a 1990 graduate of Cornell University. Advance interviews can be scheduled by calling Alisa Gilhooley or Andrea Askowitz at (212) 977-6710. �Diplomat Lectures on Universality of Human Rights nothing can be universal because'the concept of humanrights is founded ona human centered view of the world. Cultures and societies are very different and each individual in each society is unique. In response to this philosophical objection, Mr. Tharoor argued that it is simple to develop a philosophical objection to universality. The challenge to those concerned with human rights is to find "common denominators." The second objection to a universality of human rights asserts thatthe origin of human right's law is an "essentially Western concept," which ignores the realities ofthe Third World. In responding to this second objection, Dr. Tharoor pointed to the fact that developing countries, such as India, Chile, Cuba, and Lebanon "played an active and highly influential part in drafting the Universal Declaration." The ideas on humanrights that are expresed in the Declaration came from both developed and developing countries; many developing countries have recognized human rights in their own constitutions. A third objection asserts that Western foreign policy has led to fears of intervention in developing countries. While this may be true, Dr. Tharoor argued that this is no reason to ignore human rights. Furthermore, some authoritarian leaders of developing countries have cynically used fear of Western intervention in order to supress human rights in their countries. The fourth objection is ideological. Under this objection, "human rights are predicated upon an individualistic view of man as an autonomous being whose greatest need is to be free from interference by the state." This objection follows the Marxist view, which holds that society is more then the sum of the individual members. In rebutting the ideological objection, Dr. Tharoor asserted that this argument is "premised by Maria Schmit Managing Editor On March 19, Dr. Shashi Tharoor of the United Stations lectured on "The Universality of Human Rights and their Relevance to Developing Countries." Dr. Tharoor's presentation in O'Brian Hall was part a series of Human Rights Week evenft Dr. Tharoor has worked at the United Nations for over fourteen years. He worked for eleven years with the United Nation's High Commissioner for Refugeees, three of which he spent supervising the refugee operation of the "boat people"in Singapore. Since 1989, Dr. Tharoor has been working on peacekeeping with the Special Political Affairs at the United Nation's New York Headquarters. A scholar as well as a diplomat, Dr. Tharoor is also the author of Reasons of State, on Indian Foreign Policy, and The Great Indian Novel, which was just published this month. Dr. Tharoor opened his lecture by introducing the problem of human rights as a universal in "our pluri-cultural, multipolar world." While there are problems with the idea of any universality among "very different cultural, economic, and political realities,"today universality is often taken for granted. Until the second world war and the Nazi terrors, "how societies treated their own people was largely considered to be their own business," stated Tharoor. It was not until 1949that the Universal Declaration of Human Rights was adopted. The Declaration states that "all human beings are born free and equal in dignity and rights." Dr. Tharoor laid out nine objections to the universality of human rights. He then rebutted these objections. Thefirst objection is philosophical in nature. Under this objection, it is argued that on a false opposition between the primacy of the individual and the paramountcy of society." This distinction, Tharoorsaied, "is absurd because many of the civil and political rights protect groups while many social and economic rights protect individuals." Both ideological views must be accepted. The fifth objection is a cultural argument. In many non Western cultures, such as Hindu society, duties are considered much more important than rights. Dr. Tharoor responded that culture is not stagnant; it is evolving in every society. Human rights violations often take place under the guise of culture or tradition, but "culture" cannot excuse the mistreatment of blacks in South Africa, nor excuse the denial of the right of women in a developing country to vote or leave abusive husbands. Culture need not bean obstacle to human rights. As Dr. Tharoor asserted: 'There is no doubt that the interplay and interpretation of the globe's culture can only enrich our comprehension and implementation of human rights." The sixth objection is an ethnocentric argument. According to this argument, human rightsreflect "cultural bias." As an example, Dr. Tharoor suggested that the "right to a paid vacation (is) always good for a laugh in the sweatshops of the developing world." Some leaders of developing countries assert that they can not provide such 'rights.' While developing countries may not be able to give workers a paid vacation, Dr. Tharoor argued they can and must provide human rights. Human rights are very basic: the right to life, freedomfrom torture, the right "not to be enslaved, physically assaulted, arbitrarilyarrested, imprisoned or executed." Such rights transcend cultural boundaries. There is also a religious argument against the universality of human rights. This argument asserts that human rights can only be acceptable if founded on the transcendental. For example, underthe Islamic doctrine, one who has committed adultry can be stoned to death. Dr. Tharoor argued that religion poses no threat to human rights, yet it is often used as an excuse for human rights violations: "Menallow God to be blamed for their sins." Human rights are compatible with all faiths, said Dr. Tharoor. The eighth objection to a universality of rights is that the entire concept of human rights is elitist because these rights are often afforded only to select segments of the population. Human rights are void of meaning if they exclude minorities, aborigines, the poor and the uneducated. The fact that many individuals in society are denied basic human rights, Dr. Tharoor insisted, does notrenderhuman rights meaningless. It is easy to say that human rights are irrelevant because they are not afforded to all individuals what is difficult is — acknowledging that individuals are being denied basic rights, and acting accordingly. The last objection to the universality of human rights is economical: developing countries can not afford human rights. Under this argument, restricting human rights is viewed as the sacrifice of the few for the many. Dr. Tharoor, himself a citizen of a developing country, argued that this is simply hot the case. Not only can developing countries afford human rights, it is imperative that they do so. Many developing countries accept the premise of basic human rights; indeed, human rights were reaffirmed in the 1986 Declaration on the Rightto Develope. Additionally, several Third World constitutions ref erto human rights. Dr. Tharoor eloquently concluded that "Development implies dynamism; dynamism requires freedom; freedom can only be guaranteed by rights." SASU Essential for Defending Student Interests by Jim Monroe Photography Editor First year law student Scot Fisher said it best, "Any jackass can kick down a barn but it takes master carpenters to build one." We are now confronted, in this school, by a herd of jackasses. Student leaders from five campuses founded SASU in 1970 because they were disturbed by increasing costs of attending SUNY and lack of student control over policy decisions that concerned virtually every aspect of student life. They realized that the key to successfully confronting their common problems was to organize a unified statewide voice. SASU is a student membership organization. SASU delegates are elected by students at member campuses and these delegates determine SASU policy and elect a Board of Directors to implement these policies. SUNY/AB Law School is in the unique position of having an automatic seat on the Board of Directors by being the only graduate professional school currently a member. SASU also has four caucuses, the Womyn's Caucus, the People of Color Caucus, the Handicapped Students' Caucus, and the Gay/Lesbian/Bisexual Caucus. These groups keep tabs on SUNY policy that can positively and negatively affect theirneeds. SASU is a watchdog and an advocate for these traditionally disenfranchised groups. I know I've lost Hans Tirpak's vote at this 10 Tuesday ApriM 6; 1991 point but I'm hoping that some of the rest of you will agree that there is cause to be alarmed when handicapped students can't go the restrooms or use the computer labs at a state run school. Currently these caucusesare working on campaigns to overcome bias on the campus and pave the way for a multicultural university, to pressure lawmakers to fully fund the State and City Universities, tocreate an environment which is safe for women to live, workand enjoy themselves on campus, and to register students as voters. The SUNY Board of Trustees can easily disregard demands placed by individual campuses. A number of campuses working independently do not have the people or resources to effectively pressure for positive change. There are a large number of representatives in both houses of the legislature in Albany who continually work with SASU with regard to SUNY funding. Many of these have commended SASU on their work. SASU has helped overturn proposed tuition increases every year since 1984. This year they are fighting to keep the inevitable increase low. They are fighting to increase TAP awards and they have a record of success in doingthis over the past ten years. They are fighting against unfair, disproportionately levied user fees. Some idealogues have criticised SASU's approach to SUNY funding and SASU's use of the caucuses. SASU representatives have shown up at every S. B. A. meeting to address these peoples • Tne Opinion concerns. The main parties who have attacked SASU at these meetings were unaware that SUNY money is not based on tuition. SUNY money comes from the general state revenues and tuition is returned to that fund regardless of amount. SASU believes that the state must fulfill its obligation to provide affordable education to all the people of New Yorknot justthose who's parents can pick up the tab. Even for people who can afford to pay there own way SUNY must provide the best education for the least financial burden. Tax revenues collected by the state can serve no better purpose than to educate and prepare its citizens for a high quality and fulfilling life. The people who attack SASU so vociferously have not offered one minute oftheirtimetoeffectanypositivechanges within SASU. They've had the opportunity (in fact they've been invited to), to shape SASU policy as a member of the Board of Directors. They declined and instead opted for idealogically based attacks. SASU has responded regularly to all their concerns. They also say that SASU isineffective and then, when looking at fee increases, they criticise SASU for keeping tuition down. It can't be both ways if SASU is ineffective it can't be responsible for keeping tuition down. Some have said that SASU hasn't done enough to help S.B.A. with the concerns raised at the town meeting. SASU has, in fact, done a lot of inves- - tigating, networking, and advising on these issues. As I stated earlier, they've attended every single S.B.A. meeting and offered plenty of help and plenty of facts. The anti-SASU forces are not satisfied and they give vague reasons like, "I don't think they were there when we needed them." When pressed no one can really say what they wanted SASU to do. SASU provides the school with an organizer. It is the responsibility of the S.B.A. to figure out what they want the organizer to do. It is not the responsiblity of the organizer to create issues and answers and generate student interest in these homespun creations. So far Ardishir, the SASU organizerand Glenn, the VicePresident of SASU have responded quickly to our every request and demand. They have put in theirtime to answerour questions and help organize whatever we have asked them to. Let's not kick down the barn on the basis of vague assertions of incompetence. If SASU needs structuralrevision or new vision let's get a good law school rep on the Board and let her do our bidding. SASU is an essential element in defending the interests of all SUNY students. 370,000 people speaking their minds are only a cachophony. If we are organized and unified we will be heard. Last year the law school voted 144 to 30 to fund SASU for three years at $2.00 per student per semester. This year, the S.B.A. in its infinite wisdom has decided to rescind that vote and see how powerful the jackasses are. �I I Im What: When: Where: Lowdown: m■ V ■ SBA Elections Tuesday and Wednesday April In front of the law library Vote for Greg Olma V When: 16, 17 What: When: Where: Lowdown: Commencment Ticket Deadline Monday, April 15, 1991 Marie, Room 3068 This was your last chance to get tickets to see your longtime buddies . Now you'll have to visit the scalper. Who: Ralph Nader Tuesday, April 16, 1991 at 5:00 pm Room 106, O'Brian Hall Come hear the guru of consumer advocacy speak about current events! When: Where: Lowdown: What: When: Where: Lowdown: "The Question of Palestine" Tuesday April 16, 1991 at 5:00 p.m. Room 101, Baldy Hall Come hear the guru of consumer advocacy speak about current events! What: Phi Alpha Delta Law Fraternity Elections When: Where: Lowdown: What: Tuesday, April 16, at 5:00 p.m. Room 108, O'Brian Hall We have no one to run for Vice-Justice or Treasurer. Other positions include Please Justice, Clerk, and Marshalls. for and then run attend to be nominated the election. Due date for Graduate Assistant Appli cations When: Where: Friday, April 19, 1991 Turn in applications to Charmagne Alabi, Room 312 O'Brian Hall. What: When: Where: What: Final date to turn in SBA vouchers Monday, April 22, 1991 Brian Carso's mailbox. Due date for Graduate Assistant to the Graduate Group on Human Rights Law and Policy Wednesday, April 24, 1991 Room 408, O'Brian Hall. Applications are welcome from graduate students in all disciplines. When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: What: When: Where: Lowdown: What: Budge Rollover Requests. Monday April 22, 1991. Submit to Brian Carso's mailbox. You must explain why your group requires a rollover into next semester. Where: Lowdown: ™ ~—- Friday, April 26, 1991 at 10:00 a.m. Room 280, Park Hall A chance to assess the security of our State's colleges, and to explore possible approaches to make our campuses safer fo: women. 1991 What: International Fiesta When: Where: Lowdown: May 3, 1991 at 12 noon. Founders Plaza The Year of International Friendship wil! be celebrated with cultural displays, ethnic foods, music, and cultural dances from more than 25 countries. EARTH WEEK 1991!!!!! 4/17-Earthßally 4/21-Eco-Fests 4/17, 4/23, 4/24-Teach-ins 4/18, 4/25-Earth Saving Workshops More information to come! Sponsored by the Environmental Studies Group, and SA among others. LAW REVUE TALENT COMPETITION!!! Are you involved in a band? Did you ever try stand-up comedy? Can you play an instrument? Can you impersonate a professor? Can you play a Bach Fugue using only your toes and a 4 ft. rubber band? Do you have any talent whatsoever? ._ ALL PERFORMANCES, SKITS, IMPERSONATIONS, AND COMEDY ACTS ARE WELCOME!!! AS LONG AS THEY DON'T INVOLVE OBSCENITY. MARGARINE, OR ANY VIOLATIONS OF THE FACULTY STATEMENT (NOT NECESSARILY IN THAT ORDER). Sign up via Box #197 by Friday, April 26, or contact Hank Nowak or any other SBA director. (P.S. 3rd Years: This may be your last chance to make a fool out of yourselves. Don't miss it!) Federalist Continued from page 3 . the free exercise clause requires the government to respect legitimate religious beliefs. John Harrison, Deputy Assistant Attorney General ofthe Office of Legal Counsel, took the formalist approach in arguing that "Congress shall Celebration of Native American Heritage. make no law prohibiting the free April 24-April 27, 1991. exercise of" (religion) means that there Buffalo State College, 1300 Elmwood shallbe no legislation specifically aimed at restricting a particular religion. Avenue. Harrison claimed that to interpret othFor more information, call 878-4631. erwise would prevent numerous laws from being enacted due to an impact on religion. "Campus Safety for Women": A Public Hearing We returned to U.B. comforted Last SBA meeting of the year. Wednesday, April 24, 1991. First floor, O'Brian Hall. g 11 ■■ ■ V . ~ .. function of the Federalist Society is to foster debate, not stifle it; that the U.B. faculty as a whole makes many liberal law school faculty members appear to be conservative (making ourexperience here unique); that many students at U.B. Law School share at least one thing in common with former Justice Brennan and Justice Blackmun (i.e. morning exercises);that the U.B. Faculty Statement is nationally recognized (is that good or bad?); and that it was a relief to be able to express a conservative or libertarian idea withoutthe fear of adverse reaction .often encountered in U.B.'s.-"chilly" at- �P B ' I ■' ■ « I '" HI ■! 1 ■■ I ... ..... —.— - - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0eb4c2b2b25ee1f933bf9c993ea5c9be.pdf 53b123a785c54774fdf3ec63961a7da8 PDF Text Text THE OPINION Volume 31, N0.20 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Blum Explains Tenure Difficulties JeffBlum It now appears likely that over the summer I will need to undertake several activities that will cast our school's administration and some of its faculty in a negative light. These activities may well come to include intitiating litigation based on theories of breach of contract, misrepresentation, violation of due process and defamation of character. They may also include circulating information through the academic grapevine in order to assist a prospective job search in the event that I am forced to seek academic employment elsewhere after being tagged as a tenure reject. More than simply job security is involved here. I am someone who would like to influence colleagues within the law teaching profession as an indirect way of promoting certain long overdue patterns of law reform. I have some friends at first rank schools who would like to help me obtain employment at other schools that would provide the kindsof exposure to make such influence a possibility. But they have advised me that it would become politically much more difficult for them to get me any such joboffer if I am denied, or known to be on the verge of being denied, tenure at SUNY-Buffalo. This is because law faculties tend to place great stock in the judgments of other faculties unless they have substantial information to demonstrate that a given faculty is acting in an irrational or highly irregular manner. Since January I have been trying to figure out ways of protecting my career prospects without significantly damaging the school's reputation. But so far no luck on this front. Part of the reason I have become so adament in this struggle is that I am one of only a handful of law professors around the country who have become active on the issues of paramount concern to me. A collection of letters and memoranda illustrating the gross irregularities and unfairness of some current practices at ÜB, as well as grounds for legal claims are on file in the library. I will not reiterate them here. I do, however, wish to highlight some of the principles at stake in this conflict. Being acutely aware of these and of how they have been violated has contributed to my decision to take a stand. That decision has been reached slowly, in stages and withsome dificulty. Initially I had been assured by a number of people that matters would almost certainly settle behind the scenes in a manner that minimized the damage to the reputations of all concerned. In this respect I have been repeatedly disappointed. I was invited to enter into a negotiation process in February which got me to commit to a course of action, but yielded no offers of any kind from the other side. Since then the positions taken have been consistently ones ot "hardball," despite the best efforts of my convenor and mediator, Ken Joyce. From Associate Dean Schlegel's circumvention of my repeatedly expressed desire to participate in future planning for the legal research and writing program, to Dean Filvaroff's refusal to call a meeting of the tenured faculty to discuss my situation, to Interim President Greiner's refusal to allow settlement or even to communicate with his old friend, Ken Joyce, the message has been consistent and clear: escalate further or simply give up. One of the things one learns in lilfe is to make the best of painful or difficult situations. In this case the best that can be doneis to use our current juncture to recall some of the basic values and principles of universities that are here being tested. In particular I call your attention to the veryfundamental notions of meritocratic evaluation, freedom of inquiry and intellectual diversity. Sadly, it is the case that no instiution can hope to maintain high national standing as a school of law for very long if it does not adhere to these principles. But consider this history: when I came to this law school five years ago I was seen as a very strong tenure candidate who had already published more and received more recognition in the broader disciplinethan most people who receive Peaceful Protest Becomes Violent by Andrea Sammarco Managing Editor A protest over the proposed budget cuts affecting the law school erupted into violence Wednesday afternoon, April 24, when the students attempting to enter a classroom were rebuffed by those inside. The protest was specifically designed to voice student concerns that critical programs would be affected by the New York State budget crises. A majorfocus of the protest was the proposed scrapping of the Legal Methods program at the Law School, to begin in the Fall Semester of 1991. Approximately 100 students marched through the halls of the law school, banging on garbage cans, entering and disrupting classes, and chanting slogans in support of diversity at the law school. In addition to the march, a petitition was drawn up to enlist the supportfor maintenance of the Legal Methods Program and similar programs at ÜB. The march was organized by the Black Law Student Association, the Latin AmericanLaw Student Organization, the Asian Law Students' Association and the National Lawyers' Guild. Undergraduate students also participated in the march. The protest remained peaceful until the marchers reached the first floor of O'Brian Hall. After entering room 106 and marching through the classroom, they attempted toenter room 108, where Professor Wade Newhouse's Collective Bargaining class was taking place. Professor Newhouse reportedly told them, "I don't care what you are protesting, you are being disruptive." The protestors then turned to leave, while others began entering the classroom through the second door of the room. It was at this point that Joseph Fahey, a student in the class, attempted to close the second door to prohinbit the protestors from entering. After three unsuccessful attempts to shut the door on the marchers, witnesses in the class said that "a fist just came flying around the door, and hit (Fahey) right in the temple." That fist belonged to Jason Esposito, an undergraduate student, who claimed that another protestor, Pamela Howell, was being attacked by Fahey, which prompted him to come to her defense. Fahey told Public Safety officers that he was merely attempting to shutthe doorwhen EsDOsito assaulted him, however, Howell corroborates Esposito saying that Fahey did "push her down". Other students in the class and the protest became involved in the fight. One unidentified student from Newhouse's class was seen by several protestors asaulting Esposito, but this student was not implicated in the fight by Public Safety officers. An unidentified protestor also assaulted Fahey when he had left the classroom. Both Esposito and Fahey sustained cuts to the forehead and face. Public Safety officers arrived at the scene approximately 15-20 minutes after the incident. Jason Esposito was charged with third degree assault in the incident, pursuant to a complaint filed against him by Fahey. Esposito was led away in handcuffs. It was expected that Esposito would file a similar charge aaainst Fahev reaardina the incident. tenure on this faculty. I chose UB over two other schools—one of which was offering a higher salary and tenure in two years—because this school then had the reputation of being an excellent place to do innovative, pathbreaking work in the field of law. I looked forward to vigorous intellectual interchange with colleagues, a hope that for the most part has not been fulfilled. With the exception of helpful comments from a couple of very fine junior colleagues I have received little substantive criticismof my work. My attempts to engage others in vigorous debate over their own political and intellectual directions have mostly generated antagonism, which in turn has led to warnings from colleagues at other institutions that certain Buffalo colleagues were planning to undercut me. Shortly after arriving I became aware of some danger signals. During myfirst year I was invited to testify before the United States Senate on issues of electoralfinance and freedom of speech. A faculty member who is reputed to have great influence here ("our hegemonic faculty member") made derisive comments, but the fact that he was willing to let the school provide travel money reassured me that the comments were simply made in jest. Upon arriving at UB I was told that there would be a "turf war" over me between the "authentically political critical legal studies people" and the less political social science crowd. This was troublesome because anyone who aspires to be a serious intellectual needs to have substantial independence in order to do his or her work. It is inherently destructive to be an object of capture, regardless of who prevails in the game. At my initial reappointment I had the misfortune of discovering that some basic formalities of due process, which are almost always followed in academic institutions, had been severely compromised in my case. Instead of all students being notified and given the opportunity to write evaluative letters — as the institution's rules mandate—four or five students were tacitly recruited to write very negative letters to the promotion and tenure committee. Shortly after this experience I was informed by our hegemonic faculty member that "most of what happens here is done with BLUM CONTINUED ON PAGE 9 I HIGHLIGHTS Interview with Schlegel pg. 3 Legal Methods Dinner Jason Esposito taken Into custody after demonstration erupts into violence. i - P9- 3 „ Tuesday, April 30,1991 • The Opinion 1 �•• I _| J v>/X -I J J J -"V rill A • t u^^wy^v B/ur^^xT^^?^^Jw^Sj^l^^^^LP I lie Ddl UUUroc I llal UarcSrVrrWi^V^^K^-^ For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 PIEPER REPS " • Telephone: (516) 747-4311 Thomas Galligan, Taramy Heckman, Diane Herrmann & Deborah Owlett �Schlegel Discusses Changes In Research & Writing by Darryl McPherson Features Editor One ofthe greatest concerns confronting SUNY-Buff alo Law School in the wake of the New York budget crisis is its effect on the Research and Writing program. Rumors regarding what changes would be made or if the program would even exist have floated around for weeks. To get an ideaon how things currently stand, I spoke with Associate Dean John Henry Schlegel. McPherson: What's going to happen with the Research and Writing program? Schlegel: There will be a Research and Writing program next semester. The plan, and you must understand that this is is a preliminary plan, is to have professors teach the program. Every faculty member would have about six or seven students to deal with. This proposal is being developed to be presented to the Academic Program and Policy Committee fortheir approval. If they like it, it goes to the faculty. McPherson: When willthis proposal reach the Committee? Schlegel: The next time the Committee meets, probably sometime this week. McPherson: Will there be a set curriculum? Schlegel: I'm currently having a list of recommendations drawn up for how the program will be managed. It'll outline what information should be conveyed, but will allow the professors room to set up their own projects if they desire. McPherson: There have been concerns that a program like that would be a sham, allowing the teachers to certify that the students can do research and- writing without conveying much substantive information. Can you insure against that? Schlegel: It should be as effective as the program is with students teaching it. The faculty would have guidelines to follow and we would expect them to do so. Naturally there'll be a few recalcitrants, but what can you do? McPherson: But wouldthe students learn the same thing? Schlegel: Substantively yes, the guidelines are designed to free up people from lock stepthinking, but stillcoverthe bases. McPherson: In doing this, would the current problems involving Goldberg v. Kelly and Laßruna transcript, etcetera, be used? Schlegel: Some would still use it, less than a majority, I imagine. This way, more alternatives are available. We want something that will interest both faculty and students, the theory being that if we can identify subjects that everyone likes, they'll work harder at it and learn more. McPherson: How will it be structured semester-wise? Schlegel: The thrust ofthe program would be in the spring. There will be some research and writing activity available in the fall that's strictly voluntary. McPherson: Would that count for academic credit? Schlegel: No, but I'd guess that the spring session would count for three, instead of two [credits]. That really doesn't matter as long as we comply with the court of Appeals which says we have to offer at least twenty-seven credit hours for the first year. McPherson: So the teaching assistants are definitely out? Schlegel: There would have to be a miracle in Albany, which is highly unlikely. Since the program will be restructured, there isn't much need for them anymore. McPherson: Why was such a massive change to the curriculum made without consulting students first? Schlegel: Students will be involved in the decision. There are students on the Academic Program and Policy Committee. That's what they're there for. LMP Graduates Honored by Vito A. Roman In a ceremony which has come to mark the significance of the event, forty-two graduating UB Law School students passed lighted candles, symbols of their strength and determination, to Class of '92 and '93 law students at the annual Legal Methods Reception. This year's reception, the fourth in as many years, was held Thursday, April 18, at the Kensington Place Restaurant, and was sponsored by the Asian American, Black, and Latin American Law Students Associations (AALSA, BLSA, and LALSA). Most of the graduating law students honored at the dinner entered the law school through the Legal Methods Program, a program designed to help students identified as educationally disadvantaged. Although the program has mainly served students of ethnic and racial minorities, it is open to all students who can demonstratethat they have had to overcome adversity to obtain an education. Some of the graduating students honored were singled out for their special contributions to the law school: Lloyd Daughtry and VeankaMcKenzie for their work on Law Review; Mushiya M. Kabemba, Philip Ohere, and Pierre St. Hilaire for their work on Moot Court; Tuwanda Rush for placing astop"Oralist" in this year's Desmond Moot Court Competition; and Bradford Barneys, Evan Inlaw, and Pierre St. Hilaire fortheirwork as teaching assistants. Two guest speakers, Doris Carbinel Medina, a 1987 UB Law School graduate, and Mary Kenyatta, Dean of the ÜB's Millard Fillmore College, addressed thegueststhat night. Ms. Carbinel Medina told her audience that minority law students should cherish the relationships they start in law school with fellow minority law students because the strength of those bonds would later help them to persevere in a profession where they are still greatly under-represented. Mary Kenyatta told the graduating students never to forget where they came from, and to keep their heritage and ethnicity in mind as they moved up in theircareers. Remember, she said, that "the ways of your ancestors are good." Lenny Buddington addresses LMP reception guests upon receiving award. She also spoke about the critical role education must continue to play in the Methods Program for the benefit of fudiffers from what is said about it on palives of minorities, emphasizing that the ture, educationally disadvantaged law per. In both cases, the reality and the graduating minority law students should students. Professor Judy Scales-Trent written record hardly ever agree. But return to their communities to help all was given special recognition for being until that difference is recognized and young minorities obtain an education, as the first woman of color to be given addressed, this nation will never provide well as to ensure that theirrights to obtain tenure in the law school, and Stephanie equality for all its citizens, nor will law an education were not obstructed. Phillips was also honored at the event for schools provide educationally disadvanTwo other students also given special her unrelenting dedication to all the stutaged students the opportunity to berecognition at the reception were Joseph dents in the Legal Methods Program. come lawyers. The Legal Methods Valerio, for generously offering his time Upon accepting his award, Mr. Program, however, does recognize the and energy to help fellow students, and Buddington pointed out how an educadifference, and provides educationally Leonard Buddington, Jr., for his comtionally disadvantaged law student's past disadvantaged students, primarily mimitment, even as a visiting student, to the history often differsfrom what the printed norities, the opportunity to overcome it. struggle of ensuring that the law school record says about him or her. Similarly, All funds for this year's event were continue to maintain a viable Legal the reality of racial equality in this nation raised by the AALSA, BLSA, and LALSA. Pledge Drive Successful Despite "Recession" by Kathleen Welch & Chris Thomas For the second year in a row the Buffalo Public Interest Law Program has raised more than $20,000 during its Worka-Day in the Public Interest pledge drive. The money raised is used to fund BPILP's summer internship program. This summer seventeen students have received BPILP funded internships with regional and national legal services organizations Pledge drive volunteers could be seen, heard and not avoided in front of the law school library during the week of April 8. They solicited students, faculty and staff with premiums that included T-shirts, mugs and neon colored boxer shorts for pledges of thirty dollars or more. This year's drive coordinators, Katie Cerulli and Brian Madrazo, were pleased with its success. Madrazo noted that, "the first day of this year's effort was, for some reason, much slower than the first day of last year's. However, after that initial scare, things really fell into place and the pledges started to roll in." Cerulli eluded tremendous amounts of advertising, volunteering to work the pledge tables, designing and producing the various incentives and inputting pledge data onto the new BPILP data base." "Nearly half of the entire student body to and most of the faculty of this school contributed. This is powerful testimony to the commitment of the law school to lawyers— assist those in need of legal services with both time and money," said Chris Thomas, a third year studentand coordinator of BPILP. to "As the legal establishment in New , York continues to debate the issue of -Kathleen Welch mandatory versus voluntary pro bono BPILP Co-Coordinator legal services for the poor, it is inspiring to see that it is students—future lawyers— who are taking action to get services to added that, "all of BPILP's active members, and many others, gave significant those in need," said Kathleen Welch, amounts of time to insure the success of also a third year student and coordinator the drive." Their efforts, she said, "in- of BPILP. Welch is currently the presi- "..:it is inspiring see that it is students—fu- who are taking action to get those in services need,' ture dent of the National Association of Public Interest Law (NAPIL), an umbrella organization for more than 100 law school programs like BPILP around the country, and will become that organization's executive director in October. In addition to the pledge drive, BPILP funds are raised through UB Law School alumni and from an award from the Interest On Lawyer Account Fund, a State created foundation which awards grants to agencies that provide legal services to the poor. This summer, as a result of its fundraising efforts, BPILP will disburse a tr 'al of $42,000 to the 17 students worki.ig with legal services agencies. BPILP is also actively working to establish a Loan Repayment Assistant Program and aims to expand its program to include more involvement with the private law firms and bar associations of Western New York Tuesday, April 30, 1991 • The Opinion 3 �UB Law Alumni to Hold Annual Awards Dinner Courtesy of UK Law Alumni Association The University at Buftalo Law Alumni Association will hold its 29th annual meeting and awards dinner Friday, May 17 at the Buffalo Hilton. The annual meeting will begin at 5:30 p.m. A cocktail reception will begin at 6 p.m., with dinner following at 7 p.m. This year's award winners are the Hon. Joseph S. Mattina, Erie County surrogate and acting Supreme Court justice; Joel L Daniels, of the Buffalo Law Office of Joel L. Daniels; Clarence J Sundram, chairman of the New York State Com- GERALD LIPPES THOMAS BEECHER CLARENCE SUNDRAM He has been named an "Outstanding Citizen of the Year"by The Buffalo News, selected by Time magazine as one ofthe "400 Young Citizens of the United States," and inducted as a charter member of the Hall of Honor at the National Judicial College in Reno, Nevada. Daniels, '63, is being recognized for his leadership by example as a private practitioner. A sole practitioner, Daniels has been in private practice for more than 27 years, specializing in criminal cases. Over the years he has defended numerous clients charged with homicide, including Donald O'Connor, who was charged with the brutal killing of his mother, John Justice, a teenager charged with murdering his family, and Barbara James, a mother charged with killing her infant daughters. Immediate past president of the Western New York Trial Lawyers Association, Daniels also has defended local police officers, white-collar defendants and defendants in narcotic cases. Sundram, 72, was recognized for his commitment to public service. He served as an assistant counsel to former New York Gov. Hugh Carey, senior law clerk for Judge Lawrence H. Cooke of the New York Court of Appeals and Appellate Division Third Department and a law research assistant for the justices of the Appellate Division, Third Department. He has published numerous articles, and a book, Legal Rights of Persons with Narcolepsy, is due to be published soon. Beecher, '59, is being recognized for his many contributions to the betterment ot the community. A private practitioner, Beecher is a trustee ot the Messer Foundation, the Buffalo Philharmonic and the Buffalo General Hospital; managing trustee of theLeßrun Foundation, and a director of the Westlink Corp., Waterfront Health Care Center and the Arts Council of Buffalo and Erie County. He also serves on the board of numerous corporations, including Albany International Corp., Eltec Instruments, Inc., Enidine Inc., Globe International, Inc., and Norstar Bank, N.A. and NorstarTrust Company. Lippes, '64, is being recognized for his exemplary performance in business. In addition to his position at Lippes, Kaminsky, Silverstein, Mathias & Wexler, Lippes is secretary and director of Mark IV Industries, Inc.,; chairman ofthe board and director of Captex, inc., and a director of Monroe Abstract & Title Corp., Barrister Information Systems Corp., and City Mattress. He also serves as a director or trustee of the Greater Buffalo Chamber of Commerce, the Greater Buffalo Development Foundation, Inc., the UB Center for Entrepreneurial Leadership and Roswell Park Memorial Institute. HONORABLE JOSEPH MATTINA mission on Quality of Care for the Mentally Disabled in Albany; Thomas R. Beecher, president of Beecher Securities Corp., and Gerald S. Lippes, a partner in Lippes, Kaminsky, Silverstein, Mathias & Wexler. Mattina, '56, is being honored for his conscientious and diligent performance in the judiciary. In his 35 years as a lawyer, Mattina has been an assistant district attorney, a Buffalo city court judge, an Erie County court judge and a New York State Supreme Court Justice, in addition to his current positions as surrogate judge and acting supreme court JOEL DANIELS justice. Madrazo Thanks Students For Support by Brian Madra/.o I would like to take this opportunity to thank those who supported my candidacy for SBA President. I take the responsibility of the position very seriously and I will do my utmostto make our school a better place to attend. I welcome your suggestions, critiques and input. Most of all the SBA needs your energies and abilities as students and future lawyers to work within your own groups and withthe SBA on matters affecting the student body. The SBA Executive Board for 1991-92 is as follows: Brian Madrazo - President, Kate Sullivan - Vice President, Daryl Parker - Treasurer and David Chien Secretary. Next year promises to be challenging, one where if we as students do not work together to identify and achieve our goals we could very well be left out of the decision making process altogether. I ran for the position of President on a platform that promised a more active SBA. I and the Executive Board intend for that promise to be carried out. To that end I have asked the various student groups to participate actively in the Orientation events in thefall. We havestarted planning the election process for the Class Directors as well as creating a Law 4 Tuesday April 30, 1991 • The Opinion School Directory. In order that the SBA be a viable body we need people who will be committed to working on various projects such as: Professor and Course Evaluations, A Law School Directory, Grade and Registration Committee, A Budget Committee to facilitate funding for groups requesting money during the school year, an Election Committee to ensure lair elections, A Social Committee that will plan at least two events during each semester and a Speaker's committee to bring in speakers and hold brown bag lunches. Most importantly the SBA is going to need student help in the following areas: Standing Faculty Committees, a bipartisan group of students to monitor and' make proposals on next years Research and Writing Program and the Legal Methods Program and at least six students who would be willing to work with the SBA Executive Board in the fall to hold the Class Director elections. Important Dates in August and September are as follows: Monday August 19th - Orientation, Thursday August 22 SBA WELCOME BACK EVENT, Tuesday September 3 Petitions due for Class Directors, Wednesday and Thursday September 4 and 5 Election Forums (Meet the Class Director Candi- - - - dates), Wednesday and Thursday September 11 and 12 - SBA Class Director Elections, Week of September 16-20 First SBA MEETING and Friday the 20th Applications for Standing Faculty Committees due. Next year iscrucial, be a part of what is happening and if you are unhappy with ourperformancecomeinandletusknow. Good luck on exams and have a great summer. See you in August - Student Groups Interested in Orientation Recruitment Please submit a written description of your group's activities and an outline of any activities you have planned for the upcoming year. Include in the description a list of your current officers. The descriptions will be included in the informational packet handed out during Orientation 1991. Mail your descriptions to the Student Bar Association, Room 101,0'Brian Hall, Amherst NY 14260, or to The Opinion, Room 724. All submissions must be received by August 9, 1991. JESSUP BANQUET A SUCCESS On Wednesday, April 10, the Jessup Moot Court held its first annual banquet at the Buffalo Marriott—and it was a tremendous success! The banquet was attended by fifty students, faculty members and members of the Buffalo legal community who have helped the Jessup Moot Court during the past year. Dean David Filvaroff gave the welcoming speech, and addressed the Jessups recent successes at both the Regional Competition in Milwaukee and the Faskin Campbell competition in Toronto. Visiting Professor Palecki alsogave a toast. Professor Lucinda Finley, who was unable to be present at the banquet, sent a prepared statement which expressed her delight at Jessup's successes during the past year. Many thanks to DeniseColasantiMunson and MaryEllen Gianturco, the coordinators of the banquet. �IMP Numbers Likely to Stay Low Last year the administration started reviewing the legal methods program; The administration believed this was necessary because students of color who graduated from the taw school were doing poorly on the bar exam. After informing students that the program would not be reduced, the number of students in the program decreased from 45 to 23. Th c administration I stryl ng to isolate black and Hispanic students asthe only UB students who do poorly on the bar exam. However, the great majority of all students who graduate from the law school fail to pass the bar. The administration is clearly trying to focus our attention away from the deficiencies In the curriculum which are the real cause of the bar exam problems for all UB students. The law school wants to slowly eliminate ihe legal methods program In meeting with students, the administration stated that three sections of LM P students, 12 students i n each section, for a total of 36 students could; be maintained thisfall. However, as of this date the numbers of black and Latino students who have been accepted into the program is extremely low, and the administration is not making a concerted effort to contact ■students who have been offered admission into the legal methods to convince them that UB is a great school to attend. In tight of the aforementioned, we question the administration's commitment to irie future of the program. With strong leadership, UB Law School can become a model law school, with a strongand viable commitment to ameliorating the effects of racial inequality, a curriculum which exemplifies a healthy medium between bar preparation and non-traditional legal education, and a school where student input is valued and considered. We want the law school to commit itself to providing three sections for: the legal methods program for 1991 and beyond, and produce an agenda now for the next several years pursuant to effectuating this goal. If all students unify we can make this law school what we betieve ft can be. : Top: Srikant Ramaswami, Jim Monroe, Maria Schmit, Mike Gurwitz, Sandra Williams, Vito Roman Bottom: Michael Radjavitch, Andrea Sammarco, Maria Germani, John Licata, Lenny Cooper, Darryl McPherson The staff ofThe Opinion takes this opportunity to thank all the people who contributed to the paper during the school year, whether by writing articles, submitting letters to the editor or by showing appreciation for our effort. Working under a deadline and soliciting articles from fellow classmates has given us all a deeper understanding of both accomplishment and frustration of purpose (a definite sign of creeping contracts). In the final analysis it was an experience we hope that some of you are willing to share with us in the future. COMMENTARY West Bank as The Key to Israel's Existence by Dave Steinberg I enjoyed reading Ron Welner's article entitled"ArabPalestine: Fact or Fiction?" in the last issue ofthe Qpjnioji. Although I believe his historical account is accurate, this is not the best justificationfor Israel's refusal to cede the West Bank to the Palestinians. This can best be justified by modern daypragmatic reasons, rather than discourses in historical events or legal minutia. Arab Hostility Israel is surrounded by extremely hostile Arab countries, most of which would love to see Israel's demise. This hostility has translated into three major wars, countless terrorist attacks and a deluge of propaganda. As a result, Israel has developed a powerful military to ward off these attacks on its very existence. Given the hot bed of insanity we now call the Middle East, it is not surprising that Israel is very reluctant to cede some ofits territory (I do consider the West Bank to be a part of Israel) to a group of people led by the most virulent enemy to the state of Israel, the criminal organization known as the P.L.O. Furthermore, the strategic location of the West Bank is a dream for one who wishes to destroy Israel. At one point, the West Bank almost cuts Israel in half, leaving a scant nine miles of Israeli territory between the West Bank and the Mediterranean. Any army of note would be a serious threat to the state of Israel i< they occupied the West Bank. The Media's Obsession Until the recent war with Iraq, the Intifada wasthe darling of the left-leaning media. The coverage was so extensive at times, it made one wonder if anything else was happening in the world at large. The message the media was trying to them get a nation of their own. In fact, convey was simple: Israel is slaughterthey already do have their own nation of ing the poor innocent Palestinians who sorts, Jordan. Jordan is 80% Palestinonly want a nation of their own. The fact ian. Despite their clear majority, the of the matter is that given the situation, Palestinians do not control Jordan. InIsrael has been a model of restraint. The stead, an oppressive minority called the waging of the Palestinian rebellion is Hashemites do. The Palestinians have now several years old. Out of the 2 been relegated to second class citizens million Palestinian refugee population while the power has lied in the currently occupying the West Bank, only Hashemite's hands. Many people love 1,000 have died. What is even more to compare Israel to South Africa. The comparison is ridiculous. If they truly amazing is that 400 of the slain Palestinians have died at their fellow wanted to make an accurate comparison, they would look to Jordan. The Palestinian's hands. This can be explained by the following two reasons: (1) Jordanian and South African situations Some Palestinians have used the Intifada are nearly identical. Therefore, it is not as an excuse to carry out their own surprising that Jordan, controlled by the personal vendettas; and (2) The more minority Hashemites, refuse to allow the West Bank Palestinian refugees access moderate Palestinians have been murdered by the more extreme Palestinians. into Jordan. Thelastthingthe Hashemites Although Israeli soldiers have had to want is more discontent Palestinians. Jordan is not the only Arab country to kill Palestinians in self-defense, there have been individuals in the Israeli army reject the Palestinian refugees. In fact, that have perpetrated some atrocities every Arab country in that region has against innocent Palestinians. These followed the example set by Jordan. With individuals are not soldiers, they are all the talk of "Pan-Arabism" and "Arab criminalsand should be tried to thefullest Brotherhood," it is rather surprising that extent of the law. One innocent not a single Arab country will take the Palestinian's death is one too many. Palestinian refugees. However, this However, this is not a reason to cede the enigma can easily be explained when West Bank to Israel's worst enemy. one sees the political ramifications of Emphatically NO! Instead, Israel should such a rejection. The Arab countries are trying to discredit Israel by maintaining severally punish those soldiers that enand publicizing the Palestinian problem. gage in atrocious abuses. Furthermore, if the media is going to Incidentally, unlike the Arab nations, Israel haswelcomed Ethiopian and Russian place Israel under the "moral microscope," they should do the same with Jews with open arms. everyone else. I wonder how such The New Palestinian Target "bastions of human rights" like Syria and would media' tireless The Palestinians have not always refare under the Iraq comes belled in the West Bank. This is a relascrutiny of Israel. When it to new tively human rights and human decency, Israel movement. Twenty one years the Palestinian ago, majority in Jordan is by far the champion of the Middle East. attempted to take back what was rightly theirs. Unfortunately, their revolution in Jordanian Tyranny Believe it or not, I sympathize with the Jordan failed miserably resulting in the Palestinian people. I would like to see deaths of tens of thousands of Palestin- ians. Giving up on Jordan, the Palestinians have pinned their hopes on the West Bank. Although Israel is far more powerful than Jordan, Israel is far less popular in the Middle East. This makes Israel a more realistic target than Jordan. The Palestinians hope that as pressure mounts from within and without Israel, Israel will be forced to cede the West Bank to the Palestinians. Israel's Best Interest Some say that it is in Israel's best interest to cede the West Bank to the Palestinians. After all, they claim, the Palestinian question is at the root of all the Arab hostility toward Israel. If Israel would only compromise, the peace that Israel longs for will finally be realized. This line of reasoning is nonsense. As was stated before, the Middle East is a hot bed of insanity. When the Arab countries are not attacking Israel, they are attacking each other. The Middle East isprobably the most unstable region in the world. By ceding the strategic West Bank, Israel will only be enhancing the precariousness of their situation. To survive, Israel must remain strong. Conclusion Itis not Israel's responsibility to provide the Palestinians with a homeland, especially considering they already have one (Jordan). I sincerely hope that the Palestinians regain control of Jordan and realize their dream ofnational autonomy. However, this dream is not be realized at Israel's expense. Israel is under no obligation to partition its country for the benefit of the Palestinians. The sooner the Palestinians as well as the Arab community at large are willing to accept Israel with its proper boundaries, the sooner peace will come. Tuesday, April 30, 1991 • The Opinion 5 �3L Blasts Schlegel Dear Editor: opinion Volume 31, No. 14 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: April 30,1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Ron Rusczyk Factionalism Impeding Arrival at Solutions The violence lhai visited our school recently is the product of long term frustration which has found no productive means of expression. It is an unfortunate circumstance thai the direction of the energy employed by the demonstrators was a mutually destructive vein ihal will further no purpose and achieve no goal set by the protestors. Fingers will be pointed at various parties and hindsight will be applied to the situation bringing acrimony io the forefront of our presently uneasy racial relations. Students and administrators will consistently deny that there are any racial considerations involved in the issue of the Legal Methods Program but that is to deny the reality ofthe situation and to ignore the social conditions from which itarose. There are numerous forces to blame for the New York Stale fiscal crisis and UB budgetary allotment. In the past this country has used money as the social panacea which is little more than a placebo: money has solved no societal ill and cannot be blamed for our present problems. It is an exceedingly effective maneuver to blame a larger authority for the shortcomings ofan organization. The problems at UB will only be solved by the dedication and compromise ofevery member of ourcommunity. We are hampered in our efforts by our seeming intransigence. In this institution thereis a tendency not to provide support for another individual's endeavors. Within this newspaper a professor denigrates students' efforts by implying the work is useful for little more than lining a bird cage. This swipe is a symptom of the perpetual repartee between various "factions" within this school as each side tries todisplay an intellectual superiority at the expense of another's beliefs. This newspaper is not an imprimatur (a document published under a censoring authority) and functions best with open channels ofcommunication. Asa community this school needs to keep those channels clear of obstructions generated by personal prejudice. Each group can benefit from applying principles espoused by the legal system. Hopefully they are too obvious to need listing. Staff: Pat Miceli, Lenny Cooper, Nathanial Charny, Sandra Williams CCopyright 1991- The Opinion. SBA. Any reproduction ol materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear It is thestudent newspaper o< the Stale University olNew York at Buffalo Schoolol Law. SUNYABAmherst Campus, Butlalo. New York 14260. The views expressedin this paperare not necessarily thoseol the Editorial Board or Stall ol The Opinion. The Opinion is a nonprofit organization, third-class postage entered at Buffalo. NY. Editorial policy ol The Opinion is determined collectively by the Editorial Board. The Opinion is fundedby the SBA tram Student Law Fees. TheOpinion welcomesletters to the editorbut reserves the right to editlor length and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not put anything you wish printed under our office door. All submissionsshould be placed in lawschoolmailboxes 443 or512 by thedeadlinedate. Deadlineslor the semester are posted in themailroomand outside The Opinion office. 724 O Brian. The Mailbox Opinion R & W in a Hornbook? Kudos for your last editorial calling for the resignation of Associate Dean John "Jack" Schlegel!! As one of those graduating law students who have a "sense of frustration" with Schlegel's teaching experience, I too join in calling for his prompt resignation. I, like many other unfortunate law students, had Jack Schlegel for First Year Contracts. My knowledge of Contract Law can be best summed up by Schlegel's first words to my Contracts class—"Contract Law is dead." He then proceeded to discuss the most inane, asinine, and otherwise irrelevant topics in a class which was supposed to teach students something about contracts. We spent weeks talking ad nauseam about different types of coal, chicken, and Aesop fables without one word spent on offer, acceptance or consideration. Indeed, such words were taboo and were to be avoided. However, he saved the grand finale for the final exam where we were subjected to an exhausting discussion and questioning about quahogging (i.e., the fishing for quahogs). All of these sad but real events perpetrated on first year law students who thought they were taking a course about Contract Law. Why isthis man teaching?? believe the best answer is because of the leadership vacuum emanatingfrom the thirdfloor. Dean Filvaroff, who is ultimately responsible forthe quality of our legal education, permits Jack Schlegel to continue 'leaching" his perverse and uninformed version of Contract Law. Filvaroff refuses to acknowledge the damage inflicted on law students who must now somehow catch up on Contract Lawinorderto take the bar exam (No, Schlegel, Contract Law is NOT dead!!). Dave, when will it stop? Finally, I propose that the Law School set up a fund dedicated to refunding tuition money to all past and present students who have had the bad luck of having Shlegal for Contracts. Or, for those who have had Contracts, this would be in the nature of compensatory damages (I think) suffered as a result of the Law School's breach of contract since we, law students, contracted to be taught about Contract Law and were not. Without doubt, Schlegel's resignation would be the first step in rebuilding this Law School and restoring the integrity of its courses. I Very truly yours, John S. Wiencek Third Year Hymen Idenitifies Genetic Scholar Editor, In Mr. Glaser's recent letter, responding to Mr. Tirpak's comment about genetics and intelligence, he was unable to recall the name of the scholar who challenged the claims of a firm relationship between those two factors. The name is Robert J. Sternberg, Professor of Psychology at Yale. His eminence in the field is indicated by the fact that he was selected by the editor of The Oxford Companion to The Mind (1987) to write the article on Intelligence. In that article he stated: "The probability is that heredity, environment, and the interaction... all play some role in intelligence as it has traditionally been measured, but it is not at all clear what the relative extents of those roles are No matter what the proportions are, there is good evidence some aspects of intelligence are trainable." that at least In 1981, in The Mismeasure of Man, Professor Stephen Jay Gould provided a comprehensive statistical analysis ofthe errors of the herediterians. He stated in the Introduction: "We pass through this world but once. Few tragedies can be more extensive than the stunting of life, few injustices deeper than the denial of an opportunity to strive or even to hope, by a limit imposed from without, but falsely identified as lying within." .... J.D. Hyman Professor of Law, Emeritus Writing Requirement Met? Editor, The Opinion To the Editors: As a student in Dean Schlegel's "Contracts" class, I feel that I have barely learned the fundamental concepts of contract law. In fact, Schlegel claims that he is not teaching contract law, and if we want to learn any, we should buy a hornbook. His "Contracts" class, however, is not the sole reason I support The Opinion's call for his resignation as Dean. Now he wantsto do away with Research and Writingas we know it. Schlegel claims to teach his students lawyering skills which cannot be learned from a hornbook. Well, will someone please tell me how legal research and writing can be learned from a hornbook? Or, for that matter, how will students learn legal writing after being arbitrarily assigned to professors who may not know or care about teaching the subject? Will all students be given the opportunity to write a memorandum? How about an appellate brief? Schlegels proposed revamping of the program will not guarantee students even basic research and writing skills, as called for the ABA's Law School Accreditation Committee. Schlegel's plan gambles with thefuture of every UB law student. This decision, like other recent ones he has made, shows his utter disregardfor the law school student body. His threats to report students on the Budget and Priorities Committee to the Character and Fitness Board of the New York Bar if they violated his "gag order" shows how little he respects students —students who in all other circumstances would be considered by everyone to be responsible adults. Schlegel should understand that just because we have undertaken the role of "students" again, we have not given up ourright to be treated as adults. It seems clear to me that both as an administrator and a professor, Schlegel does a great disservice to the law school. I support the call for Dean Schlegel's resignation from the position of Associate Dean. Regardless of how he characterizes his teaching style, I believe that both his classroom and administrative performance more than justifies calling for his resignation. 6 vvavavavav.v.'av.v.v.v. 30,1991 ■ •• Tfi?\Op»fi|on_ Tuesday •• • ■ -DavkJ S. Ghien* * Jim Monroe's article in the April 16 issue deals generally with the research and writing program at the Law School. I am not in a position to comment on the issue over-all. But I can state with some confidence that the present requirement that each student take two seminars fully satisfies any Court of Appeals' requirement that each student have "at least one rigorous writing experience." Many years ago the Law School introduced a requirement that each student must take one seminar with a substantial writing component in order to make sure that each student had such an experience. I believe, although I am not sure, that this was before the Court of Appeals' Rules included the present writing requirement. Sincerely, J.D. Hyman Professor of Law, Emeritus Correction Provided by Welner I would Hke to clarify my "Arab-Palestine: Fact or Fiction?" article of the last issue of The Opinion (April 16,1991). Sources were inadvertently omitted from this article whichis a reproduction of an academic paper that I previously wrote. Sources of my article are: 1) Cardozo School of Law Professor Malvina Halberstrams article of "Self-Determination in the Arab-Israeli Conflict: Meaning, Myth, and Politics" in International Law and Politics. 2) Joan Peters, From Time Immemorial. 3) Dr. Carl Hermann Voss, The Palestinian Problem Today: Israel and its Neighbors. Moreover, a few points in my article should be modified. 1) Many Arabs during the Ottoman Empire and the British Mandate (1922-1948) immigrated to Palestine from neighboring Arab lands. 2) 11939 (rather than 1923), the League of Nations Permanent Mandate Commission protested the 1939 British White Paper. 3) For about 1000 years most of the land between the Mediterranean Sea and the Jordan river were part of ancient Israel. - < Ron Welner �COMMENTARY MCPHERSON! Features Editor by Darryl McPherson I'm not the type of person who wins much. I seem to have picked up my father's trait of attracting bad luck. What few legitimate victories I've had in my life were due mainly to hard work, not good fortune. That's why it surprised me when I lost the SBA Presidential election. I put in a lot of time and effort during my entire term as Director and my campaign. When the moment of truth actually arrived, I came up terribly short and it devastated me. The day after the election, I was down, and even now I haven't quite gotten over the sting of it. People continue to tell me, "Good campaign," or "Don't take it personally," both which ultimately mean "You lost. Bub, now live with it" There's a strong expectation that I should put on my brave face and march onward to Third year Directorship as if that's the most logical thing for me to do. At this point, though, I'll admit that I don'tknow if that's the right thing for me to do. The same week as my massive loss came my easy victory to the position of Features Editor, formerly held by my arch-nemesis, John "The Italian Loafer' Ucata. Definitely a formidable act to follow. Yet this victory was earned, and I daresay, fully deserved. I put in the requisite time and effort to obtain an expected result. So why did the SBA election turn out like it did? Because I lost. Victory and defeatare two sides of th c same coin, if you don't get one, you've definitely got the other The difference between the two depends on how much you value one overthe other. This time, I placed far too much value on winning Like I said earlier, I'm used to losing, and I've learned how to keep those losses from getting me too depressed. Usually, I expect the worst and then I can't be disappointed Somewhere along the way, I forgot that and expected to win Victory is earned, not expected. Recently Dave Niles and Bob Attardo had me and others over to their place to see the Holyfield/Foreman boxing match. Foreman, "the fat old man, "was expected to fall before the young champion Holyfield. As it turned out, "the old man" went the distance and impressed many people with his staying power. Though he lost that fight, did he really lose? I turned the question onto myself— just what did I lose? As Nicole Moss, MarcHirschfietd, and MiroCizindemonstrated, I still had my friends. (Everyone seemed enthusiastic for my future involvement with the SBAT and whatever contribution I could make toward the lavv school community. Though !i lost the Presidency, didn't I also just gain an opportunity to become a major voice in (he school through this column? Withthis position, I'm free to say anything I want. I can be a political observer, instead of a participant. I can use this position to keep everybody honest without the risk of contamination by that dreaded demon of journalists, non-objectivity. But I'll tellyou the truth, I am so sick of politics. Those who knew Jim Maisano as a first year, and those who know him now, know what school politics can do to a person I'm sort of glad to be out of it. Maybe I'm just burned out, ■buf for now, a part of me (regrettably, a small part) might be grateful that I lost the election. Goocftuck Brian, you're going to need it. A statement like, "it's, not whether you win or lose, it's how you play the game" is merely something to say. It has no intrinsic meaning unless its message actually matters to you. When you study foryourfinals, you put yourbrains, sweat, and tears Into the effort, and when that test result comes back with a Q or (gasp) a D, you naturally feel disappointed. The key to feeling a little better is to not put so much weight on the H. It's only as important as you make it. This isni an endorsement of slacking off, but a reminder to keep things in perspective. If I can borrow a cliche reach forthe stars, but keep your feet on the ground, Finally, I'd like to use this platform to acknowledge a few people who have made the rocky road I've travelled to reach this spot a bit more bearable. Marc Hirschfield, truly one of the most brilliant persons in this school; Taunya Hannibal, a class act all the way, you'll always have my support; Maria Germani, I wish we could have gotten to know each other better; Dave Niles, party on, Dude; and of course, Nicole Sydney Moss, the guardian of my soul and sanity. Onward. ,: IMPORTANT NOTICE! MEASLES VACCINATION You must present proof of Measles Vaccination or be immunized at Alumni Arena 10:00 a.m.-6:00 p.m. Monday April 29th Thursday May 2nd - Unless you have received your green compliance card from University Health Services -or- You were born before 1/1/57 LIKE GRAVITY IT'S NOT JUST A GOOD IDEA, IT'S THE LAW. An Alternate Viewpoint Offered on Schlegel! by Darin Bifani I recently read the Opinion's call for Dean Schlegel's resignation. The Opinion's editorial, "as a voice for the student body," attacked Dean Schlegel's competence as an administrator and teacher. This is not my voice. Nor does it capture the voice of all my classmates. This commentary considers: (1) the Opinion's dissatisfaction with Dean Schlegel as a teacher; (2) the Opinion's editorial as a statement about the goals of legal education; and (3) the i mplications of the Opinion's editorialfort he way we think about and address problems at the Law School. The Opinion's editorial implies that Dean Schlegel fails to provide his students with the "basic skills necessary to pursue a legal career." I cannot agree. Although we all have different careers, legal or otherwise, each of us will need a fundamental talent after law school: the ability to think critically and creatively. Developing this skill is the focus of Dean Schlegel's Contracts course. Dean Schlegel encourages us to integrate parts of cases with our own thoughts about what the law is, and what it should be, and to develop and defend those thoughts in light of each other's comments. What we learn through this process is perhaps the most basic of the skills "necessary to pursuing a legal career": the ability to think on our own. The editorial's implied but loud message is that Dean Schlegel's approach to legal study will have little utility after graduation day. I reject this message. Having worked with an attorney in the "real" world, I feel that the substance of Dean Schlegels course is extremely reflective of the actual practice of lawyering. There are certainly practical and somewhat rote elements to everything that lawyers do. There are, for example, strict guidelines which govern the filing of legal motions. The question of significance for law students, and for the structure of our legal education is, I think "How much doespracticality and rote say about the essence of lawyering?" I feel it says something, but not all. It is one thing to be familiar with the guidelines which govern the use of a legal doctrine; it is quite another to use that doctrine successfully on behalf of a client. Learning to synthesize and utilize legal tools effectively—perhaps the most difficult part of legal practice—is the precise instructional focus of Dean Schlegel's course. It does not take three years of law school to memorize the form of a brief or learn to file a summary judgment motion. But it does take three years of law school, and perhaps far longer, to learn to creatively package information to successfully defend someone who is on trial for his or her life, or enjoin a corporation from distributing a defective product. This process of assembling information to further an individual's or the public's interest is the "real" world of lawyering—Dean Schlegel simply transplants that world to the classroom. Many students, while conceding the value of this process, have questioned whether it is appropriately the subject of a contracts course. I think it is. It is easy to recite a definition of the word "contract"; it is harder to convince a court that a brief conversation constituted one. It is easy to look up the distinction between a promise and a condition; it is harder to argue why either of the two should or should not oreclude a clientfrom a legal remedy. Contract law involves analyzing a client's legal interest, making or denying the room for that interest in a writing, and then defending or attacking that interest. Contract answers, in short, are made, not found. This is what we do in every Contracts class; we make contracts answers. The assumption implicit in the Opinion's editorial about the goals of legal education are narrow. Law school is not simply a place where tuition is exchanged for professional polish. In law school we begin to develop fluency in one of the most difficult parts of lawyering—distilling and evaluating the different dimensions of legal issues. This fluency comes, in part, from expanding the way we think—integrating our understanding ofthe world with that ofour classmates' AND professors'. In sum, law school, as preparation for legal practice, is a continuation of the most important part of the phrase "legal education"—education. I had thought that broad educational values, like instructional diversity, were of special importance at Buffalo. Buffalo has a distinctreputation as a law school which is not merely a preparatory course for the bar exam. This law school purposely integrates many different teaching approaches with a broad range of courses and diverse clinical programs. This integration, I think helps provide a more realistic understanding of the multi-dimensional nature of legal problems in practice. Buffalo's diversity extends to its students. Buffalo's admissions program is flexible; it does not rely solely on the rigid admissions formulas used by many other law schools and strives to assemble classes diverse in perspective. Our law school is diverse. Yet, the Opinion renounces the diversity which enriches ourlaw school when it comes to extending that value to teaching approaches. Finally, the Opinion's solution to a legitimate concern—the quality of our legal education—is alarming, and hardly what I feel is in the spiritof one value we will need as lawyers—the ability to work together. The different perspectives of both students and professors—as a problem solving source—can be used now. If we feel that our legal education needs to be improved, I think we should work together in trying to effect that improvement. This communal method of problem solving, in my view, is not embodied in the Opinion editorial's condemnation of Dean Schlegel's teaching approach. Beneath our differences as students, beneath the differences in what each of us wants out of law school, I feel we are bound by a common goal: learning. This learning involves applying the differences in the thought and background of our classmates and professors to the way each one of us thinks about law practice, legal education, and ourselves. All this isembodied in legal education, and in every lecture that Dean Schtegel delivers. Tuesday, April 30,1991 : •'the Opinion'^ ' 7 �ThIetaliLn oafer: by John B. Licata What the hell, why not? Everyone else example of siudcnihood. could. "Is it not true that you wrote inflammatory So I went back to my office leaving the articles loaded with half-truths and foul lies ducks to fight over the remaining tidbits I aimed at undermining the authority of the could no longer stomach. There was a letter powers that exist?" taped to the outside of my door. The enveI waited for my counsel to raise an objeclope was green and I didn't recognize the tion but there was none forthcoming. Ireplied handwriting. As I tore it off my doora flash yes. my research had to bereliable. Luckily, that of light blinded me and I heard a voice say "So it is true?" was the first part of the course and I fulfilled "Gotcha." It tooka second torealize I hadn't I knew I'd have to explain. I said yes it is more than my good faith obligation by giving died, I only wish I had. It was a subpoena and not true. The jury gasped and the judge came a thoroughly researched memo that was both some enterprising sadist took a photograph fully awake. insightful and paid for. This combination of me grabbing the envelope. I was due in Aftera halfhour in adank cellfor contempt provided me with a special feeling of accourt in two weeks. of court I gaineda healthy measure ofrespect complishment. I had joined the ranks of the A fortnightcan fly when you havenowhere for the system. Unfortunately, the feeling professional and writing like a lawyer took to run. was not mutual. Within the measure of time on a whole new meaning. Withmy most comfortable underwear and that comprised my testimony I had been In celebration of my good fortune I bought a suit to match I made my way to the trial deported for seditious acts. I was out like a loaf of bread and somecured animal flesh prepared to be as evasive as a professor Tom Hagcn in the Godfather Part 11. Out all for a sojourn to the park in a bourgeoise explaining the truth about the 'reasonable the way. it was on my man. The courtroom isa curious experience display of wealth transfer But in that cell I had resolved to aid all own terms. The sandwhich was one ofthe for anyone who actually gets to set foot those who were less fortunate than myself by bestI'd ever had made and the ducks fought inside the railing while a trial is underway. devoting hours oftoil to making theirlives an each other for the pieces of bread that fell The jury gains a malevolent stare, none of object of my own altruistic needs. I would their way. They scrambled and pecked at them too bright since the prosecution had work for as long as the feeling compelled me each other in a frenzied attempt to gain an learned to choose morons in her trail techto serve them. Remember, it was only a halfadvantage that would lead to success, or at niques class. A judge who had to be senile hour on a rickety cot. least some measure oftemporal gratification. coughed intermittently in an effort to stay But that had all changed and I was bound Some were injured, some were fed but I awake, an ability I'm sure was cultivated by for Italy. In Italy I would have to get a pair of emerged unscathed. Had oneof those things years ofpractice. My inquisitor was a siice shoes for George He/el, and then figure out injured me il would have been covered simof viciousness and she was focusing her a way to get back into the United States. I mering in some mushrooms or dripping orvenom on me. boarded a plane with nothing to show for my ange sauce by sunset But I digress. "Are you aware of the price for perjury?" time in America except for an attitude that Il was during that quiet contemplative she hissed. generated cynical comments beyond control moment ofpure cacophany that the truth of Iresponded that itis high, but it'savailable and avoided closure like the plague. ihc R&W program hit me like falling Horn at a wholesale rate in Washington, D.C. and An Immigration and Naturalization Service book: the incoming freshmen were going to most state capitals. agent gestured farewell. "Goodbye, Mr. gel served up on a platter with their fellow From her that was response gathered I I Loafer." , students doing the carving. One L*a l'orange being sworn in because she was using lanI smiled. "Au revoir..." anyone? Could I sit by and watch students guage I'd only heard in truck stops and in the being sent out like advance patrols for a 2-Live Crew hearings. faculty member's research project, hungrily "Are you a student at SUNY-Bulfalo searching for a document or tome? Could I School of Law?" watch the disintegration of the basic redefine student. I asked her to Loosely, I quirements of a legal institution under the could be called a student but I was sure the weight of necessary evils in a fiscal policy? school wouldn't hold me up as their shining Adventuros f a Legal Gumshoe Somebody told me I couldn't write. He didn't couch it in any euphemistic terms of art, just plain old "your writing stinks." The fact that I was paying this person to tell me this didn't make the tonic any easier to swallow. More often than not when we pay for a service we don't want it to interfere with our digestive process., and so it was with my going to a Research and Writing leaching assistant. Inresponse I told him he had a bad haircut and ought to lose some weight. I didn'tthink it was fair ofme to be getting all the advice in the transaction so I threw him a bone upon which he could chew. That sentence was for the grammarians concerned withending a sentence witha preposition. Or whatever it's called. In retrospect the guy was right. I couldn't write: at least not like a lawyer. My style was considerably deficient in the dull prose and endless monotonous drone so characteristic to any legal document. In fact, I prided myself on not writing like a lawyer. You'll notice I didn't say not beingable to write like a lawyer — I can sound pretty prosaic when I put my mind to it. My semester dragged on like a spring cold and eventually I finished a brief for the two credits that were tossed my way like a pasha doling out favors to the unfortunates. I was relieved to walk out of that room and not have to start writing like a lawyer for a couple of years. Then I got a job. I wrote a couple complaints and even a few memos to a partner describing the various levels of liability that ourclient was exposed to under the law. He just told me to write il likel was doingoneofmy writing assignments for school, the formatreally didn't matter but . — \_*_l Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? ? i LLJ " s an °^ er good upon mailing or receipt (Mail Box Rule)? Can you be convicted of arson if you burn down your own house? BAR/BRI'sQ & A Clinic™ utilizes more than 35 attorneys, available m 04.1606 3999 39*w T.n. m c to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. TTFi flfi mpiiii iiiMi — * J "IT/ e>4 f? /?FV/FW The Nation's largest and most personalized bar review 8 Tuesday April 30, 1991 The Opinion sie-54t-ieie 201-613-1363 914-684-0807 617-695-9955 | HHHn II kI II H |1 ißsl^^lff2oJ LLzQIImjAaAI KSSiSSSSSZI ■I?B?B?ll ■■■■■■■ ll?fl?fl?ll ■■tV^V^VI iBHAaiB^II BB? B?M?B|i ÜbS^BSiBI BKSBHI I �Blum: Open Letter Continued sometimes in the form of floated rumors that I had been or would be denied tenure, sometimes in the form of open attacks on my teaching in front of students, sometimes in the form of attacks on programs I was associated with. Over the first three years I resisted some additional moves toward capture, which are memorialized in a letter of August 17, 1988. That letter I also agreed to keep confidential, based on assurances that these practices would stop. They did not. Most recently I have learned that our hegemonic faculty member has been telling faculty at other schools that I am "crazy" and "seen as crazy by my colleagues." Needles to say, such defamatory statements are quite destructive for one's career prospects. In retrospect it seems that I might have been better off surrendering my independence and complying with the dictates of our hegemonic faculty member. But this would have involved abandoning my hopes of doing types of work that could have some broader impact. In short, such a course would have been inconsistent with my deeper goal of becoming a serious original thinker. During my third and fourth years another source of potential conflict was emerging. Over time I had become convincedthatcritical legal studies (CLS) attempts to organize law professors against "liberal legalism" and "rights theory" were a serious political mistake that was diverting people from doing more valuable kinds of work. I sought to engage some pertinent faculty in discussions about this. A certain amount of resentment appears to have been generated in the process. Eventually I published a lengthy article in the Buffalo Law Review, half of which explained systematically the reasons forthe inherent weakness of a CLS approach. That article was very well received by some high-ranking members of the broader discipline, as was the draft of a subsequent book-length manuscript dealing withconstitutional rights and the war on drugs. Shortly after informing Dean Filvaroff of these favorable outside reactions (which I had earlier been assured formed the primary basis for tenure evaluations), I was called to a meeting where I was told that my scholarship was "very weak"—so much so that I should not even apply for tenure. Requests for written evaluations and for the basis of this decision subsequently revealed that no real evaluation ahd been preformed. Dean Filvaroff then switched to saying that my scholarship was not so weak, but that problems with "teaching" and "colleagueship" were creating a heavy "special burden" that my scholarship would not be able to meet. Finally, Dean Filvaroff came out with an open disavowal of meritocratic tenure evaluation altogether, statingthat at this school tenure was "like a marriage," and that I was not likely to be betrothed even though there was "no question about [my] smarts." Such an open disavowal of the principle of meritocratic selection is, of course, inconsistent with the pursuit of academic excellence, as are some other aspects of the process here. Dean Albert informed last fall that I had been the victim of a "hall talk system" that disadvantages certain targetted people without providing them with any opportunity to present counterveiling evidence. The "hall talk" is apparently quite persuasive in getting colleagues to reach peremptory judgments because what most of them acutally know about tenure candidates' scholarship "could not fill a thimble." This situation tends to be used to advantage by the hegemonic faculty member who works in sometimes clever ways to sustain his power. In part his hegemony takes the form of selected subject matter prohibitions. A large numberofrecognized leaders of thelaw teaching discipline are cavalierly dismissed as "morons" while a few others, who tend to be CLS luminaries are proclaimed to be "very serious." The generaltendency is to favor legal history and some forms of social science while from page 1 disfavoring attempts at law reform, doctrinally based arguments tagged as "liberal legalism," and especially any affirmative advocacy of constitutional principles. Sometimes particular concepts are declared anathema. My quite serious attempt to develop a definition of the concept "the rule of law" was dismissed as "old hat" by one senior colleague who had readonly thefirst ten of thepertinent fifty pages, and as "a silly concept" by the hegemonic faculty member who had not read the piece at all. In reality, this is a very central concept for our discipline. For lawyers and law professors to denounce it is like medical doctors renouncing the idea of preventive medicine. For a liberal constitutionalist to be told he cannot use this concept is like a nuclear physicist being told not to rely on the concept of electromagnetic force fields. It has also been explained to me by our hegemonic faculty member that I should have known not to take seriously any of the CLS claims about transformative politics, and that addressing the law review literature which discussed these was a grave error because I shoud have known itwas "silly literature." My erroneous inclusion of this "silly literature" apparently negated the value of a wholly different section of the article which four colleagues had previously told me had "some interesting ideas" (though no one ever mentioned what they were). In the course of explaining why "tenure was not looking very plausible" for me at this instituion the hegemonic faculty member expressed his belief that all law reviews should be abolished. (Those of you who are angry at me for taking a stand shouldask yourselves: how would you feel having your career prospects wrecked by someone of such consistent irregularity?). Given a general attitude of laxity toward the First Amendment, one has to wonder whether something akin to political censorship is operative here. Similarly, the idea that a local colleague should be able to overrule the opinions of nationally recognized ex- perts by creating a fait accompli before the formal evaluations could be considered is highly unusual. Such irregularity becomes all the more glaring when the local colleague is operating outside the bounds of his disciplinary expertise. I am sorry to be in a position of "blowing the whistle" on some colleagues. It is likely that some of the moves I make for self-protection will reflect adversely on the national reputation of the school. But, realistically, when a school maintains a high national ranking, as this one has, it implicitly warrants both an adequate compliance with due process requirements and the principle of meritocratic evaluation, as well as a willingness to operate in good faith as part of a national discipline. I regret that this warranty has been breached. But it is ultimately the breach itself, and not the mere exposure of it, that causes the decline of reputation. If it were not me coming into conflict with these highly unusual patterns of authority, it would be the next person. Before the school can hope to advance further, this situation must be corrected. Present plans call for me to be teaching here next year. But it is also likely that some litigation will be ongoing. I ask for your understanding because I have made every effort both to endure the irregularities and then, when they could no longer be ignored, to settle matters quietly. I believe that, given the same personal history, many of you would do exactly what I am doing. -I believe it is the right thing to do, and at this point, the wise thing to do as well Any school that abandons the basic principles of freedom of inquiry and meritocratic evaluation is by definition on a path of decline until some people stand up and force matters to be corrected. I look forward to the day when I can tell colleagues on the outside that the situation has both normalized and improved at Buffalo. I hope that my contribution to the school will ultimately be seen as a constructive one. OPINION MAILBOX CONTINUED FROM PAGE 6 Administration needs to show concern for students Olsen contests quote I have wanted to writethis for a very long time. I justwanted to give my heartfelt thanks I do not own a canary, so I rarely have occasion to pick up a copy o< The Opinion. to page through your April 16, 1991 edition and was surprised to see happened I myself quoted in an article on Research and Writing. The context in which the quote was presented strongly suggested that I consider a Research and Writing program which would be taught by the faculty rather than Teaching Assistants a "sham program." The article was written and the quote published without speaking to me first. Had I been consulted, I would have indicated that I strongly support the concept of such a program. In addition, giventhe irresponsible and inaccurate headline which accompanied the article, I would be remiss if I did not add that I am personally grateful for the diligent efforts of Jack Schlegel on behalf of our Research and Writing curriculum. to the Anti-Rape Task Force (ARTF). the first semester I was at UB studying for finals escort service existed, so I walked to my care alone every night around 11:00 pm. It is very hard to describe to male students the fear and the rationalization of that fear that goes through my mind when walking alone late at night. You think it will never happen to you. Yet as I walk to my car there is at least a minute or two (which seems like an hour) when I'm scared. First I start walking very cautiously, trying not to look apprehensive, then if I hear any sound I start walking very fast. If I see a man who is passing me by, I automatically categorize him as a potential mugger orrapist and I just try to act calm even though my heart beats a mile a minute. Sounds pretty paranoid huh? Guys just don't get it. Well, no I've never been raped, and no I've never been assaulted but paranoid or not it's how I feel. The second semester when I the the ARTF next to the library I was so relieved, the faces were so friendly and caring. I kept apoligizing about bothering them, and telling them how nice itwas to have someone to walk with. It was nothing to them, they were happy to help. As I spoke to them I found out they were not getting paidfor their work. My "Why not?" was answered by the fact that the UB Administration did not want to draw attention to the fact that this schoool needed an excort service. I guess the Administration is more worried about ÜB's reputation than about the safety of the students that attend the school. Why is there no funding for this service? Let's see, we have security at the Alumni Arena to check student ID'S, we spend money on lifeguards to ensure no one drowns in the pool.we spend money for referees for the intramural program and a host of other free services., but oh, I see, we just can't find the money to ensure that women on campus not only get to their desitination safety but don't undergo the stress and anxiety associated with figuring out how to getto their cars safely. There seems to be a higher priority placed on fun and exercise than on safety. There has got to be room for a tradeoff somewhere. (I wonder how many women are included in the administrative decisions on our campus anyway?) The ARTF serves one other important service, it saves me from having to hear ihat grunt or groan from a male student when I ask him to walk me to my car. You know it's not like I enjoy being dependant, I would love to be able to walk or jog anywhere I wanted, but, unfortunatley the past events that have taken place on this campus have proved that as an impossiblity without facing a risk of assault orrape. I'd rather be escorted to my car by people who like to ensure that I will get to my car safely, people I don't even know! Now, if we could only get some jogging groups together. I never knew the Kirstin Jahn Nils Olsen The results of the Law Review elections are as follows: Editor-in-Chief Nancy L. Schulman Executive Editor Margaret Phillips Assistant Editors Tara M. Flynn, Michael J. Roach Managing Editor Eric C. Nordby Business Editor Mary Leary Publications Editors David J. Kritz, Donna Menghini David A. Niles, Brian D. Sullivan Articles Editors Robert S. Attardo, Andrew B. Isenberg Brian F. Carso, Jr., Scott M. Rusert Head Note & Comment Editor Charles J. Sullivan -- Book Review Editor Daniel J Wcil/.ncr Systems Editor Mark A - Palc y Note & Comment Edi tors Johanna V. Bartlcil N Mcaghan Hoang Diane v Bruns Roben P. McCarthy Norbcrt Higgins Judith A Shanley Marc E Hirschlicld - - - Students interested in the casenotecompetilion would **> we advised to discuss the matter with one of the forcnamed individua,s regarding cihcial responsibilities during lnc competition. " Tuesday, April 30, 1991 • The Opinion 9 �IP HEY KIDS ! Well so is the S.B.A. ■ On Friday, May 10th the S.B A. is sponsoring a party at the FARGO PUB right here on campus. There will be FREE beer, wine, pop and munchies.... plus a D.J. to spin tunes so you can dance your booty off! All you have to do is show up at 9 p.m. in your dancing shoes ( make sure to bring 1.D. ) AND, if you are planning to bring a non-lawyer like guest... NO PROBLEM! We will be taking at the door (from them only) .: your favorite Professor or sing or do up comedy....there will be prizes! �sdfsdfsdaf sf daf sdfsdfsd The 1991 Graduating Class of the State University of New York at Buffalo, School of Law wishes to thank the following businesses for their generous support: Pizza Hut, The Sign of the Steer, Panda Garden, Mr. Oil Change and Stereo Advantage. The Graduate Group for Feminist Studies presents First Year Students and Second Year Transfers ANN SNITOW Faculty, Eugene Land College; Member, Commitlce on Liveral Sudies, New School for Social Research On Mothering: Feminist Analysis Since 1970. Today (April 30th) 3:OOpm-s:(X)pm 280 Park Hall (between JacobsandO'Brian) This lecture is free and open to the public. Attorney Access, Inc. means increased opportunities for minorities in Western New York's law firms. The Minority Bar Association ot Western New York and the Bar Association of Erie County have established a new and innovative program designed to increase employment opportunities for minorities within private law firms in Western New York. The program, Attorney Access, Inc., was established jn response togrowing concerns of the bar that minority attorneys were underrepresented in the private practice of law in Western New York. Its goal is to assist both the law student and law firms in actively recruiting and interviewing law students for summer internships and law clerkships during the school year with the goal that these opportunities will lead to a permanent position. The combined bar's Special Task Force on Minorities in the Legal Profession, the proponents of the program, have opened the doors of the established private firms in Western New York to minorities by obtaining the support and commitment of over twenty area law firms, including all the major firms in Erie County. Attorney Access, Inc. will continue that involvement by, among other things, coordinating lists of interested minority candidates for presentment to the law linns directly, establishment of a mentoring program at each law firm for minority taw clerks and acting as the liason between the firms and minority students. Attorney Access, Inc.'s assistance to law students and graduates will consist of advisement in preparation of resumes, career counseling, development of interviewing skills, advisement on effective writing samples, and presenting the minority applicant to private law firms forrecruitment purposes. All interviewing and decisions on hiring will be made by the private firms. Interested minority students are encouraged to contact Dorothy K. Burton, Esq., Executive Director, Attorney Access, Inc., P.O. Box 989, Buffalo, NY 14214 (716) 862-0200. COMMENTARY LETTERS CONTINUED ON PAGE 9 A Day of Outrage for all Involved by Kirstin Jahn Outrage was the motto! We should all be outraged at the possibility of losing the Legal Methods Program. I am outraged at the possibility of losing the program. But, there are ways to express our outrage without enraging fellow students and professors. On April 24,1991 at approximately 12:15 in the afternoon, I was in my Collective Bargaining class getting all of the last minute details and information I could since it was the last day of class before finals started. I heard the shouting and protesting in the halls from the LMP protesters. All of a sudden the doors swung open, the demonstrators barged into the classroom to force their OUTRAGE on us. Professor Newhouse asked them to leave and as they kept marching in he told them to go. the leaders of the group did turn the group back out into the hall. But, then the other door kept opening and closing as shouts were coming from that door. One student kept trying to keep the door closed because the class had resumed and no one could hear Professor Newhouse clearly. Unfortunately, instead of gaining outrage for their cause, I felt outrage against the protestors for being so rude and discourteous as to intentionally disrupt the education of their fellow students. The door opened repeatedly, finally a garbage can was thrown inside and a big white man (and only stress this because there seem to be some rumors suggesting otherwise) came through the door shouting to the classroom student something to the effect of "you can't keep us out" and punched the student right in the face. My understanding is that that the guythat punched the classroom student was some undergrad who was looking for a reason to pick a fight. A fight ensued, public safety came by and now everyone was OUTRAGED against each other! There were rumors floating about that a black man threw the first punch, there were rumors floating about that the student started the whole thing by yelling back at the LMP protestors, there were rumors yapping about that the white classroom student in Collective Bargaining punched a black woman protestor... and then heard... Well, heard... gee, that's not what I heard...blah, blah, blah... the telephone game continues. For students interested in participating in the Buffalo Law Review Casenote Competition the following dales will be of paramount importance. Pickup Drop off Friday, May 10 9am Ipm Monday, May 20 9am Ipm Monday, May 13 9am - Ipm Thursday, May 23 9am - Ipm Tuesday, May 14 9am - 1 pm 9am - - Friday, May 24 - Ipm The Pro-Choice Network of Western New York presents Minority Women Speak out About Reproductive Rights Panelists will include: Myra Gordon, Ph.D., Coordinator of Clinical Services at Buffalo Slate College Counseling Center. Mary Davis, WGR radio talk show host. Linda LaPress, Native-American Home-School Counselor, Akron Central Schools Maria Rosa-Allen, former medical social worker at Children's Hospital; Ph.D. candidate, University at Buffalo. May 6,1991 at 7:30 pm Unitarian Universalist Church 695 Elmwood Avenue (at West Ferry). Ralph Nader addresses students and community members in 106 O'Brian Tuesday April 16. (see photo-right) Dean Lee Albert addresses a gathering of student protestors, (see photo-bottom) I I I Tuesday, April 30, 1991 • The Opinion 11 �H mJ%pP lilt *Ar% .---.. . rtinitf* .. , .VAV.V.V.VAV.V.VAVAV.VAVAVAV .. , ... . ■• J^m � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4b48fcdb80ed5cfc117ac4c227a6150b.pdf fb2991ac1794c05a48ac5803e10f81dd PDF Text Text THE OPINION V01.32. No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW August 19, 1991 A UB Law Primer Andrea Sammarco Managing Editor Well, here you finally are. At long last, you've embarked on the path to true enlightenment, to worlds undiscovered, to your own Swiss villa and a Mercedes in the garage. You're on your way to becoming a lawyer, and to hell with Dan Quayle! Now if you could only figure out where to find a change dispenser for the (EXPLETIVE DELETED) copy machine! With that in mind, The Opinion has provided the following list of helpful hints to assist you in finding your way around the maze of Amherst's largest and ugliest (but beloved, nonetheless) lego-land of the north. Armed with the nuts and bolts of daily life at UB law, we hope to provide you with the time to actually crack open a casebook. The Mimeograph room: The law school mimeograph room (located on the second floor across from the law library), is only open from 10am to 12 pm, and will accept only personal checks as payment for materials. The chances are good that at least one of your professors will ask you to purchase materials there. Check around with 2ndand 3rd years to find out if they have that material requested by the professor in years past, which they could then sell to you for a discounted price. Third floor O 'Brian : The Records and Registration office window is the best place to go with any substantive questions you may have about classes, financial aid, etc., but they are only open from 10 am to 12 pm and 2 pm to 4 pm. ÜB's Records and Registration office may also be able to assist you. It is located in 232 Capen Hall. Fourth floor O'Brian: The fourth floor of O'Brian Hall is the home of qliite a few items of interest, including a smoking lounge and a vending machine area, containing the law school's only soda machine which dispenses cans. Transportation to and from campus: Shuttle service for UB provides transportation by Bluebird bus all the way from the Ellicott bus tunnel (located in the Ellicott Complex), to the Diefendorf Loop on the Main Street Campus. The buses will not stop at any point between the northand south campuses. The most convenientplace for law students to catch the shuttle is at Flint Loop, adjacent to Founder's Plaza and right outside O'Brian Hall. There is no fee to ride the shuttle, and bus schedules are posted in the bus shelter on Flint Loop. For those students who will be commuting by car, be advised that you must obtain a hang tag in order to park in student lot on the campus. These tags will be available for $3 in 232 Capen for a limited time. Parking tickets (an unavoidable fact oflife for car commuters) can be paid in Where you'll be spending your next three years, ifyou hadn't already noticed. Bissell Hall near the Coventry En- (mostly during midterms and fi- trance. nals) a one hour time limit is im- Computer Labs: Computer labs are located at the following locations: 212 Baldy Hall (Macs and IBMs), and the Science and Engineering Library (located on the 3rd floor of the Undergraduate Library in Capen Hall, containing Macs and IBMs). Using these facilities requires only a valid student ED and a start up disk, which is made available for a nominal fee. On busy days posed. Charles B. Sears Law Library: Thelaw library is located on floors two through seven ofO'Brian Hall, however, the only way to access any law library facilities, rooms, etc., is through the second floor entrance of the library, across from the elevators in O'Brian Hall. Scattered throughout the library are Dean Welcomes 1st Years sors, American legal realists, that law is not an inexorable system of rules to be discovered by logical deduction. But we have also gone beyond the valuable legacy of legal President's Message to 1L's Brian Madrazo On behalfof the Student Bar Association (SBA) I would like to take this opportunityto welcome back all returning students and all incoming 1 L's. I am not going to offer advice to the lL's because; during the coming days, you will be overloaded with advice from everyone you meet. I will just say I look forward to meeting you, good luck and I sincerely hope your three years at Buffalo are challenging. For the benefit of the 1 L's and all returning students who have no idea what the SBA does a brief explanation is in order. SBA is the student organization which is the representative of the students and is responsible for the administration of the mandatory student fee. SBA is comprised of four officers and a Board ofDirectors. This year Brian Madrazo(3L) is President of SBA, Kate Sullivan (3L) is VicePresident, Daryl Parker(3L) isTreasurer and David Chien(2L) is Secre- tary. The Board of Directors consists of six Directors from each class year and will be elected in early September (see related article). SBA also throws social events. The first one is a Welcome Back Party Thursday, August 22, 1991. Look for details for time and place in your mailboxes and in the classrooms. UB Law can be a very exciting place but, as with most schools, it is only as good as the people attending wish to make it. 1991-1992promises to be an especially challenging year and the talents of all students will be needed to make UB Law an outstanding experience for all those who attend. To that end I call on all students to become involved in the organization of their choice and help make a difference at Buffalo. Have a great year, study hard and GOOD LUCK to the lL's as you embark on yourlaw school careers. continued on page 7 Dean David B. Filvaroff It is a pleasure to welcome you, the entering first-year class to the Law School. This should be a special time for you as you begin the study of law in a most challenging era. I hope and expect—as you should—that your law school education will be intellectually stimulating and, in due course, professionally rewarding. But, no less importantly—and contrary to the image associated with many law schools—I hope that it will be a pleasant experience and that you, indeed, will have fun as we jointly explore the world of law. During the last decade or so, law schools in the United States and elsewhere have witnessed a dramatic change in legal studies. We have relearned the lessons of our predeces- realism. We have learned that social sciences—history, sociology, psychology, political science, anthropology, for example—have a great deal to tell us about the origins and operations of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of professors who possess relevant interdisciplinary exercise. We have also recognized that much of what is determinative in legal decision-making is rooted in social values. Law is essentially policy writ both large, and, often, in fine detail. Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics, and ideology. In addition to teaching practical wisdom, lawyering skills, and social responsibility, ourlaw school clinics offer first-hand exposure to the manner in which law operates in realworld settings and the ways in which it directly affects people's lives. This list is partial, but it reflects some of the diverse and existing curcontinued on page .> �PIEPER "^^^^^p The Bar Course That Cares>T?S«wilK^^l For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 The Opinion August 19,1991 2 �Student Bar Class Director Elections Announced order to get your name on theballot each candidate must gather forty signatures. Students may only sign the petitions of members of their own class but may sign more than one. IL' s please note that you may sign the petition of someone whois not in your section. Petitions may be picked up outside of the SBA Office starting Monday, August 19, 1991 and are due in the SBA Office by 4 p.m. Tuesday, August 27. Please note that each candidate is encouraged to write a brief "candidate statement" which will be published in The Opinion. Candidate statements are also due in the SBA office by 4 p.m., Tuesday August elections much earlier than usual. In 27,1991. ATTENTION ALL STUDENTS: The SBA is looking for 18 men and women, six from each class, to become Directors on the SBA's Board ofDirectors. Last year only 7 people ran for the six 1L Directors, 6 people for the 6 2L Directors and all 6 3L Directors were write in candidates. The SBA would very much like to improve on those numbers and hopes that those who choose to run and are elected are willing to work on making the SBA the premier organization in law school. Given the quality of many of the student groups that task promises to be difficultand must be started as soon as possible. To that end SBA will be holding sary, will be held September 10th and 11th. The first meeting of the SBA is Wednesday, September 11th,room and time to be announced. didate will beallowedafiveminute The SBA encourages all students who floor wish to participate in the SBA to become presentation and then the will be opened to questions from candidates and strongly urges all stustudents, reporters from The dents to vote. Because the timing ofthe Opinion and executive officers of elections is earlier than normal all canthe SBA. All students areencourdidates are urged to begin their camaged to attend. paigns as soon as possible and keep an Elections will be held from 9 eye on the calender. Good luck to all the a.m. to 4 p.m. Tuesday and candidates and may the best people win. Wednesday, September 3dand 4th 1991 in front of the library. Students may only vote for six directors in their own class. Theresults will be announced on Friday, September sth. A runoff, if necesCandidate forums will be held on Wednesday and Thursday August 28 and 29,1991, room and time to be announced. Each can- SBA Elections Sept. 3 & 4 SBA Standing Committee Applications Available Each year the SBA appoints students to various faculty committees. These students serve as the students representatives on these committees and are able to affect the direction the school takes on various matters. The following is a breakdown of the various committees with student membership. Academic Policy and Program Committee (APPC) 3 Students This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the committee reviews a proposal, it makes a recommendation to the full faculty. Meetings are held when the Committee has proposals to review, i.e. somewhat irregularly. Academic Standards and Standing Committee (ASSC) 3 Students. This Committee acts on petitions from students for readmission or waiver of law school academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to non-members. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. Admissions 4 Students This Committee sets general standards for admission andreviews files of candidates. It generally operates through subcommittees which make recommendations to the chair. Its work is particularly heavy in the period from January to May when files must beread expeditiously. All work of the Committee is held in strict confidence. Appointments 3 Students This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit with a diverse group of students, and toreport to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semester. against students. It isalso charged with establishing the method of student evaluation of teaching. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee 3 Students This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequendyand serves mainly as a channel of communication between the users of the Library and the Library staff. Mitchell Lecture Committee T Student This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows, that is, distinguished visitors who lecture and meet inProgram Review Budget and formally with faculty and stuCommittee dents. It meets when it has pro(BPR) 3 Students This Committee reviews the non- posals to consider. personnel part of the law school budget and makes recommendations Committee on Special Needs to the dean on his expenditure plans, 3 Students particularly those with respect to This committee will examine student organizations and programs. the learning and access needs of It meets infrequently, normally only students who are prevented from when specific proposals require ac- fully participating in their legal tion or in spring when the vice-presi- education because of unique dent allocates the funds for the law learning and physical abilities. school budget for the next fiscal year. This committee will be focusing on issues facing students such as Faculty-Student Relations Board the inability to access library fa(FSRB) 3 Students cilities, classrooms and other arThecommittee acts on student dis- eas of the law school. ciplinary matters, student grievances Anti-Discrimination Policy Committee 3 Students This committee will help facilitate decisions concerning the anti-discrimination policies of the school. Research and Writing Committee 6 Students This committee has been created by the SBA with two missions. First the committee will be responsible for actively monitoring the current Research and Writing Program. The committee Will interview in each section, review the course materials and issue reports on their findings. This committee will also be charged with investigating how other schools run their Research and Writing programs and toreport back to the SBA on whether it is feasible for the students to run any part of the program without school support. This committee will have one faculty/administrative representative. Committee applications may be picked up outside of the SBA office starting Monday, August 19, 1991. Applications must be turned in by 4 p.m. Friday, August 30, 1991 to the SBA Office. Interviews will be held September 10th12th, time and room to be announced. Results will be posted Monday September 16, 1991. There will only be one round of interviews this year. Remaining spots will be filled by the Board of Directors. All are invited to apply. Studentrepresentation on thesecommittees is hot a gift from the administration but the result of much effort by students in the past. It is up to the current student body to ensure that the efforts of those who went before us were not in vain. Students who are interested in making a difference should apply. Dean's message continued from paage 1 in American legal education. YourLaw School at Buffalo not only has kept abreast of progressive change in legal study but has at- rents tempted to serve a leadership role in while emphasizing the lawyer's nurturingand advancing creative and public service role and commuchallenging development in the law. nity responsibility. We welcome you to the Law Significantly, we try to do all this . School and wish you well. I look forward to meeting with each of you and working with you during your years here and thereafter. August 19.1991 The Opinion 3 �opinion V01.32. No. 1 air EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: August 19,1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson VitO Roman Michael Radjavitch The Opinion Mailbox Letters to the Editor: "Blum Makes Clarification" In the final issue of The Opinion last Spring, Professor Blum had a lengthy article under the headline "Blum Explains Tenure Difficulties." A paragraph was inadvertently omitted between the end of the text on page one and its continuation on page 9. The omitted portion reads as follows: smoke and mirrors." After discovering the shenanigan at my reappointment, which had caused generally positive SCATE evaluations to be grossly misrepresented by a few negative letters, I was reassured by an influential senior colleague that this irregularity had not been designed to sabotage my tenure candidacy. Its purpose was merely to let me know who was in charge. I was told that the damage done was not serious, but I could do serious harm to my future prospects by lashing out against the evaluative procedures. Perhaps mistakenly, I agreed to keep matters quiet. This may have been a mistake because it appears there have been continuing attempts to make me an example whosefate would remind others ofthe need to obey the hegemonicfaculty member. Over time one attack seemed to give way to another.... EDITORIAL Welcome to the SUNY-Buffalo Law School experience. There are thousands of cliches that can be used to encapsulate the three year trauma into one pithy sentence. The one's about the experience being what you make of it and so forth are appropos, and the few that discuss open minds and attitudes should also be heeded. Specific quotes aren't necessary since everyone by now has a litany of material to fill in the blanks. As an institution dedicated to the pursuit of the balance between doing justice and applying the law the students and professors have the task of changing the present situation by addressing the failures of our system. Dan Quayle's address to the American Bar Association, where he told the audience that America had too many lawyers, is indicative of the growing disappointment with the scant degree of public service attorneys and the ever burgeoning ranks of civil suits and insurance claims made in what can euphemistically be called "bad faith." This is not an apology for lawyers wanting to earn a healthy salary or a call to arms for persons to join a pro bono crusade and take an oath of poverty. Lawyers must recognize that the American society, for good or ill, has become thoroughly enamoured with the perception of the attorney as a paladin protector. When the attorney proves to be human it is seen as a betrayal. Funding for public service attorneys is the obvious answer and unfortunately thatremains a distant solution. Alumni participation in the Loan Repayment Assistance Plan has always been used by students as a panacea, but the students forget that when they graduate they join that body known as alumni. It is time to break the cycje and dedicate time and,njoney,to the principles shared by our profession. Equal access to the law. iCooyight 1990 The Opinion. SBA. Any reproduction of materials herein is strictlyprohibited without the express consent of The Opinion is published every two weeks during the academic yuear. It is the student newspaper of the State Jnversity ot New York at Buffalo Schoolof Law. SUNYAB Amhorst Campus, Buffalo, New York 14260. The views expressed in mm paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, thirdcass postage entered at Buffalo. NY. Editorial policy of The Opinion is determined ooltoctrvery by the EditorialBoard. The Opmon is funded by the SBA from Student Law Fees. •"e EcHors. DESMOND MEMORTAI. MOOT rOIIRTCOMPF,. TITION: '91 ofFvonfc Plan on participating and mark your calendars: September 4 Orientation for Prospective Competitors, 5:30 pm. 12 Problem Distribution, 9-5 pm (Rm 11) 23 Outline of Argument Due, 9-5 pm (Rm 11) 30 Outlines Returned to Mailboxes r J October 7 Letter of Intent Due, 9-5 pm (Rm 11) 14 Briefs Due, 9-5 pm (Rm 11) NOTE: No Briefs Accepted After 10 pm. Happy Hour! 5-?pm 15 Practice Rounds Begin 20 Practice Rounds End 22 Preliminary Round #1, 6:30-8:30 pm* 23 Preliminary Round #2, 6:30-8:30 pm* 24 Preliminary Round #3, 6:30-8:30 pm* Announcement of Quarter Finalists at Happy Hour 25 Quarter-Finals, 6:30-8:30 pm* 26 Semi-Finals, 11 am* Finals, 3:00 pm (Moot Court Auditorium) Banquet, 7:00 pm (TBA) November 1 Notices to Competitors on Board Positions �O'Brian Hall 4 The Opinion August 19, 1991 Copies of the entire article with the omitted portion included are available from Sue in Room 419 O'Brian. Jeffrey M. Blum Associate Professor of Law Mandatory Student Fee Waiver Each year a mandatory student fee is charged all students. It is currently $34.50 per semester and is used to fund student groups and the SBA. Students may have this fee waived for a variety of reasons including financial ones, study abroad, and others. If you feel that you qualify for a mandatory student fee waiver, please stop by the SBA office during the next two weeks and pick up a form. All student fee waivers are held in the strictest of confidence. Comings and Goings The Qpinipn staff wishes to extend its heartiest congratulations to Professor Girth on her recent appointment to the Deanship of Georgia State University Law School. We wish her the best of luck in her position. Her tenure at UB Law School will be fondly remembered. Jack Schlegel has announced that he will be stepping down from his position as Associate Dean as of the fall semester, in order to devote himself full-time to teaching and scholarship. Palmer Singleton is on leave for an undetermined period of time, and will not be teaching any classes this fall semester. • After spending part of his sabbatical in Australia, Tom Headrick returns to UB Law this semester. Virginia Leary returns after a year long sabbatical in Europe. J'm Atleson has arranged to spend the fall semester at Georgetown Law School. Victor Thuronyi will be working in DC this semester as counsel for the International Monetary Fund. Louis Del Cotto has decided to Jom the ranks of the retired, but will still continue to teach as professor emeritus on a halftime basiS- Guyora Binder will be teaching at Stanford this semester. �Features Editor by Darryl McPherson An opening line like "Welcome to law school" seems appropriate, but I think that would be too typical and predictable.By now, all newcomers have been enthusiastically greeted by the Orientation Committee, and those law school veterans returning from their too brief summer breaks have encountered old friends and are catching up on various war stories. Unlike most of them, I have no tales to tell. I wasn't in the trenches of some law office; instead, I spent most of my time crafting a narrative of love, evil, adventure, and ambition. This isn't your typical 'what I did on my summer vacation' essay. Beforeyou startrunning away, I'll make it clear that this isn't about that subject. (But if anyone wants to know, catch me and I'll try to tell you whatever you want to know.) Rather, this should serve as an introduction to me, this column, and the type of political reflection that's so prevalent in this place. The life's blood for existence at UB Law is conflict. The school, the students, and the administration thrive on it. All seek it out, and if it doesn't exist, you can be sure someone will create it. As certain as I'll be dressed in black, I know somebody will be up in arms about something. The whole process is made particularly easy considering the political climate. A Conservative US President and Supreme Court make discussions in the liberal state of New York, and especially in this school, very interesting. The nomination of Clarence Tho- mas for a seat on the high court should be a major topic. His confirmation hearings are coming up, and I think it's fair to say that everyone is quite curious to see how they'll turn out. I expect most UB Law students oppose his nomination because of hisconservative leanings. Atthe same time, a conflict arises because, though liberals across the country wanted a minority pickedfor theposition,they aren't comfortable with Thomas. Allow me to take a moment to interject some personal aspects about myself to let everyone know where I'm coming from. I think of myself as a political moderate with aconservative demeanor and liberal sensibilities. I'm vehemently pro-choice, and conceptually pro-death penalty (there's probably another column in me regarding my reasons for that, but that's another day.) I passionately hate George Bush, but I like the Federalist Society (ÜB's faithful contingent of young Republicans). Phil Donahue is my hero and I'm not ashamed to admit it. Jim Maisano (yes, I'm naming you in my column again) calls me "the Fence", presumably because Ican work both sides of any issue. A perfect case in point being the Thomas nomination. I wanted a minority to replace the retiring Thurgood Marshall, but I preferred someone who would protect abortion rights. For me, protecting that right is more important than the moral victory of having a minority on the court. At the same time, I seea tremendous need for a minortiy on many levels. To make matters I think of myself as a political moderate with a conservative demeanor and liberal sensibilities. funded health care workers toraise a few issues. How supposedly rational, allegedly intelligent Supreme Court Justices could rule to allow such an outright disregard of individual frefedom astoUndsmevThisis the kind of thing that convinces me that America is not the bastion of freedom it should be. Let's face reality; sometimes your tax dollars do things you don't like. That's how the system operates in this democracy. Some people don\ like art supportedby the NEA, others don'tlike the CIA in Central America. The First Amendment is there for people to voice their dissatisfaction with this system. To cut off funds in one case and to not do so in another is tantamount to creating two tiers of justice- one for the favored, another for the despised. And here I was almost starting to believe that stuff about inalienable rights. The controversy in Wichita, Kansas between the Justice Department and a federal district judge's power and jurisdiction to handle abortion protestors should also stir things up. The blockade issue strikes close to home considering the work Professors Finley and Marcus have done for local clinics besieged by antichoicers. One of these days, I'm going to do a column that'll look at the ins and outs of the abortion question, so I'll try to reserve my comments. All I can say is that I want Judge Patrick Kelly to benominated for the Supreme Court. He's gotguts, integrity, and is an example of the kind of leadership this country sorely needs. But that's just my opinion. Ultimately, that's everything you'll read in this column. This, and future columns, will be short explorations into one law student's perspective. This is theeditorial with a difference, with a heart and soul. And if anyone disagrees with me, that's to be expected- that's what this country is all about. This may seem like an outlet for my massive ego, but somewhere along the way I hope to convey a f fiftle Wof" myseff onfo the printed page. My style can be highly personal at times, and I hope my emotions come across as etrongly as I feel them. That's why my name is on top. , , - - McPHERSON! worse, though I oppose Thomas, I support his right to be conservative. A black person, like anyone else, has the right to decide his politics. It was thoughtcalling for a minority to replace Marshall would secure a liberal seat. That didn't workwhen Bush bagged that most elusive game known as the conservative black. Now I can only hope that Congress demands a balance in the Court during the confirmation hearings, therebyeliminating Thomas and any other hardline conservatives. Personally though, I think Thomas will survive the hearings. America knew what it was getting into when Bush won the election. If it didn't want a conservative court, Dukakis should've been elected. Abortion, as always, will provide a fertile ground for discussions. I expect the Rust v. Sullivan case regarding the virtual gag orderrestricting abortion counseling on federally - The Opinion Publication Schedule Fall 1991 Publication: Deadline: Sep. 3 Aug. 28 Sep.l7 Sep.ll Oct. 1 Sep. 25 Oct. 15 Oct. 9 Oct. 29 Oct. 23 Nov. 12 Nov. 6 Nov. 26 Nov. 20 Professor Girth to Become Dean at GSU The law school at Georgia State University announced that Marjorie Girth will become its new dean, effective January 1, 1992. Marjorie will remain a member of our faculty until then and will be teaching here during the fall semester... Obviously, Georgia State's gain is our loss. Congratulations are due Marjorie, but we and her students miss her. will The Opinion \ ByM9u| jU I LtriNr.n i aw nooK go., inc. i \ i Massachusetts aye.. nw 20001 r.A DISCOUNT LAW BOOKS Wh y p " ' fu price and wait in lon9 lines CALL NOW FOR THE LOWEST PRICES IN THE COUNTRY--1800 253-1594 Recruitment Party Free Beer & Pizza Watch for Time, Place, & Manner Announcements August 19,1991PO5Tapghineeo The Opinion 5 �The Italian Loafer by John B. Licala Like the swallows to Capistrano in the spring, the students flock back to SUNY-Buffalo during the last gasps of an all too brief summer. They had tried to get rid of me by sending me in exile to Italy for seven weeks after the spring semester tailed off, butthe plan backfired. Their maneuver only solidified my resolve to return to my desk and continue my attack on those individuals I had personally found wanting in the balance of character and fitness. The people in Italy were overjoyed to see an American, take his money and send him on his way. Isn't that what hospitality is all about? Seven weeks of walking around the peninsula looking at tombs and halffallen arches gave meinsights intothe eternal consistencies of human nature. It would help me back in the States provided I was able to get the right documentation to get entry into the land of Big Breakfasts. The key difference between the USA and those smaller places around the Mediterranean Sea (Club Mcd, as it were) is that Americans tend to eat something before the noon hour that actually reaches the level of digestable vittles. I can't explain it, we just like to eat breakfasts that can't be lost in a book bag. At least I do. Being in exile can play with your mind in ways that can't be explained by a Rorshach test and even after tdl the cultural exposure that can be gleaned from opera, the Sistine Chapel, Florence, and various museums, I developed a resentment at being in a foreign land. Perhaps my resentment would be less if I didn't have to bribe the customs official with some Ray Ban sunglasses, Levi jeans and Chuck Taylor Converse All-Stars. That I was wearing all of them at the time didn't help the situation. I escaped the country with my dignity bruised but my ego substantially bolstered. A trade I can live with, even if some associates of mine cannot. On a sunny Monday morning I made it back to my office and was greeted by a slew of letters on my floor which resembled the remains of an artistic disagreement between Andy Warhol and Jackson Pollack. Fortunately I knew how to handle such situations from having travelled before: I went out for a second breakfast. I called ahead to my favorite breakfasting establishment and ordered the usual. At the diner I saw a friend who had spent the summer putting in seventy-hour weeks at a firm that was large enough to apply for statehood. I remember she had left for her tour of duty with bright eyes, a slight blush to hercheeks and an optimistic nature thathad appeared to be indomitable. The picture of youth, innocence and inexperience. She was sitting in a booth in the corner, my booth, drinking coffee 6 The Opinion August 19,1991 and chain-smoking filterless cigarettes while staring out the window in an addict's stupor. I picked up my breakfast at the counter and threaded my way to the booth and signalled for the waitress to bring some coffee. It made me think of those clubs where old men hang out playing checkers and rotted to death in overstuffed chairs. Since it was a public place I was a little wary about praying over my breakfast. The last thing I needed was trouble withthe ACLUafter that fiasco with Immigration and Naturalization Services. After observing a moment of silence I asked her what was wrong. Her eyes flickered over me in absent recognition then she snorted derisively as she realized that I was back from exile. "Never could keep you away from a weeping abcess." That wasn't the sort of greeting I expected so I tried to determine if it was a complement. I gave up and repeated my question. "I stopped working at Whitemann & Tightwad last week. I put in more time there than I did in classes the last two semesters and this is how they repay me," she took a drag off her cigarette that lasted about ten seconds and then looked at an envelope in her hand. She tossed the envelope to me and amid a cloud of smoke she spat out a few epithets. I had finished my breakfast by that time including the plastic jellypackets, an odd number of sugar packs despite warnings from a dedicated babysitter that I would develop intestinal worms from such a practice. I opened the envelope. It was a job offer. She was livid. "Those bastards are trying to kill me. This is how they treat me, after all I did for them. It's moments like this that make me appreciate the Second Amendment, a right I ought to flex more often." I sipped my coffee and tried not to grin like the Cheshire cat. She needed to hear some words of encouragement, a comment with sensitivity. I hadread too much Ayn Rand and R. W. Emerson to be inspired to give those words of banality. I looked around and told her to get with the program. I woke up on the floor and for a moment I viewed an upside down world with a siren ringing in my head and coffee dripping into my collar. A trip to the restroom proved that she used my face for a pinata and I wasn't around to give her the prize quote. After washing my face I went to settle the bill and Veronica told me my meal was paid for by my breakfast companion. "She left a message for you. 'Welcome to thereal world of corporate law.' What's that mean?" I smiled. I was back in school. Jon "ie 0)Moa iti tat people hie Justice latum Sain (lefii sion riti John S. Liati Student Group Notice In last semester's final issue of The Opinion student groups were asked to provide descriptions of their respective, if not respectable, organizational goals. The response while high in quality was woefully short of a full tally of student organizations. To whit, one group responded. If groupleaders are motivated to action it is recommended that you submit descriptions by August 29,1991. STUDENTS FOR CONSTITUTIONAL CONCERNS (SCC): Are you tired of joining groups where everyone thinks the same, where one person speaks and everyone nods in boring approval? If so, you should consider joining Students for Constitutional Concerns. SCC is an organization committed to the expansion of liberty. The group is not bound to any political ideology and encourages students ofajl viewpoints and backgrounds to join our "mar- ketplace of ideas." SCC provides UB Law with a forum whereby diverse ideas may be excahnged in an open yet robust manner. The group promotes the free exercise of all individuals to peacefully state views on any issue, in an orderly andcivilized manner, without fear of official re- prisal. SCC meets once every two weeks for about an hour. An important constitutional or political issue is selected for debate, with a brief article distributed to all members before the meeting. Members rotate organizing the meetings. SCC also sponsors various debates and lectures. The group relaxes from the pressures of law school with social gatherings and holds one big party each semester dedicated to eating and drinking heavily! SBA Welcome Back Party Thursday, Aug. 22 Location: TBA �UB Law Primer Am(North) berst continuedfrom page J Campus Map BISON database terminals, which can give you information on the location, description and status of any library material within the UB collection. The second floor contains reference materials and federal and New York State court reporters and digests, as well as CD-ROM terminals. Also located on the second floor are the Westlaw and Lexis terminals. The third floor contains law reviews and the state core collection. The fifth floor houses the AudioVisual Department, and theMicroform collection, both of which are located in the Koren Center. Reference librarians are very helpful when it comes to locating materials, using the BISON system, or finding the most productive spot to start your research. Remember that you will need a valid student.lD to check out materials. Alsoremember that lawreviews which are not returned within 24 hours will generate fines of $1.00 per hour. If the law library doesn't have what you are looking for, don't despair. An underutilized but very valuable source of information for law students is theLockwood Library, located close by on the spine between Baldy and Clemens Halls. Law students will find that Lockwood's status as aU.S. government documents depository provides access to important collateral information to legal research. Copy Machines: Copy machines which are accessible to students are located in the law library on the second and sixth floors. Copies are .10 a piece, payable either with change or a vendacard. A Vendacard machine and a change machine are located to the left of the circulation desk on the second floor. Classrooms: First year classrooms and lecture halls are located on the first floor of O'Brian. Upper level classes will generally be conducted on the second floor. Seminars and very small classes (under 15) may be held in the fourth floor conference room. Where to Eat: In addition to a small selection offast food venues in the Amherst Campus Mall (located by the campus bookstore on Putnam Way), Food Service also operates a number of cafeteria style dining facilities. The closest is the Baldy Walkway Food Service Cart, open until 2 pm weekdays. Food Service also maintains a "sister" facility across the way in Jacobs Hall, also on the second floor. The selections of both are very limited, but . BUILDING INDEX 20. BAIRD MUSIC HALL 24. BAKER CHILLED WATER PLANT lA. BALDYHALL (Education, Economics. Philosophy, Library .SrudVs) 27. BEANE CENTER (Physical Punt.' Jrwp) 14. BELL HALL (Engineering) 22. BISSELL HALL (Pubic Safety) 33. BONNER HALL (Efcctneal Engineering) 31. BOOKSTORE 23. CAMPUS MAIL CENTER 8. CAPEN HALL (Central Admmisrrarion/Lihranes) 32. CENTER FOR TOMORROW 18- CLEMENS HALL (Arts and letters) 37. COMPUTINGCENTER 2. GOVERNORSRESIDENCE 17. LOCKWOODMEMORIAL 4. COOKE HALL (Pharmacy) HALLS LIBRARY 28. CROFTS HALL (Prrsonnt:!/ (A) Lehman Hall (C) Dewey Hall 9, NORTON HALL A^vrpwsicSmßtsK inn irci.[-■ B b»3)<%riirXrJHKL'£-a.r«o>i daiWrAitoHwa' s >V* 3. DORSHEIMER LABORATORY/ Ecorvwucj) 26. HELM BUILDING (Gtwral GREENHOUSE (.Wu:.Sorn.,76. Receivine/Wtmlvuic) PARK HALL 1. ELLICOTT COMPLEX -21. RECREATION AND 5. HOCHSTETTER HALL (BioJopy) 11) Fa/go Quadrangle 29. HUMAN RESOURCES ATHLETICSCOMPLEX (2) Porter Quadrangle 19. SLEECHAMBER HALL DEVELOPMENT CENTER (3) Red JacketQuadrangle 40., INCUBATORCENTER (Bari 25. STATLER COMMISSARY (4) Richmond Quadrangle (5) SpauldingQuadrangle Rtlllrch Park) 34. STUDENTACnvmES 35. JACOBS MANAGEMENT (61 WilleionQuadrangle CENTER (7) MillardFillmore Academic Center 39. STUDENTACTIVITIES CENTER (8) Katharine Cornell Theatre 12. JARVIS HALL (Erynttrim) ADDITION Cenurucocm\xnia~ (9) Albert P. Sy Lecture Hall 11. KETTER HALL (NatioKdCtnter 7. TALBERT HAU fStudent 6. FRONCZAK HALL (Physial Gowenvnera/FoorJ Service} EarthquakeErxpnarmf Research, for Geography) Engmeering) 3tt UNIVERSITYSTADIUM 13. FURNAS HALL (Enpnernng) 10. KNOX LECTURE HALL 38. FINE ARTSCOMPLEX (ProposeD CENTER , convenient. Other dining facilities include the Student Activities Center (SAC) Cafeteria, the Talbert Dining Hall (which has on of the better selections of vegetarian food on campus), and the Norton Cafeteria Unfortunately, we are unable to provide you Attention: Call for organizations to submit recruitment statements and activities for placement in The Opinion. with other useful tidbits, such as where to find a decentresearch and writing program, or a lounge for non-smoking law students. But if youkeep this little list handy, at least you will be able to maneuver the maze of the Amherst campus with a confident stride and a self-assured smile on your face. Coming Soon to a Lounge near you: The Law School Mac Lab 15 Macs & 2 Laser Printers for your legal drafting.convenience. Tentatively scheduled to open within the next three weeks. . August 19,1991OTphinPeo7age The Opinion 7 �mw-^ ■ mmmmm^^~'»^^*''*mmTamu^mwmmwmmwmmwmmmmmimmmmmk^m * 8 The Opinion August 19, 1991 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/057b569699ac3612279ce40563266b70.pdf a85541b8269cbba47527d7c8418c495d PDF Text Text me32, N0.2 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 3, 1991 Corporate Crime Focus of New Student Group Andrea Sammarco, Managing editor Corporate criminals may find themselves in therare and unenviable position ofhaving to watch their collective "posteriors" if a small but growing number ofUB Law Students have their way. Joseph Belluck, an" enterprisingfirst year law student, has found time amid the rush of classes and academic responsibilities to establish what he characterizes as a "badly needed organization" hereatUßLaw. The new groupisknown as "Law Students For Corporate Accountability." This student organization, will be dedicated to fighting corporate crime and combatting the influence that corporations are exerting over our nation's legal system and legal education. Although it has yet to be approved for S.B.A. funding, this fledgling group has already attracted the attention of a number of UB law students. Many interested individuals recognize the need for lawyers to combat the increased use by corporations of subversive tactics, whether to insulate their products from damaging publicity or discourage citizens from speaking out on corporate misbehavior. Such tactics are as creative as they are numerous. One example is the use of SLAPPs (Strategic Lawsuits Against Private Persons), filed by corporations to intimidate public interests groups. The amount of money and time required to respond to a SLAPPissogreatthatany victory the interest group orindividual may eventually acheive is often pyrrhic. Another tactic involves the introduction of "product disparagement" billsinto state legislatures, oneofwhich was recently made into law in Louisiana. The law in Louisiana specifically vests in aquacultural or agricultural companies the ability to bring suit against anyone whom they consider to have defamedtheirproduct, without possessing the proper scientific information required to back up the claim. By the end ofthe "80's, Wall Street was no longer a safe haven for white collar criminals Although this cause of action already exists at common law, theLouisiana law places on the interest group or individual the affirmative burden of proving that the claim is scientifically plausible, rather than having the manufacturer demonstrate thatthe claim is false. For example, during the ALAR scare, individuals responsible for claiming that ALAR was toxic to humans would have that the scientific evienon ofcorporate crime, in order to prepare dence which they relied on was more comlawyers torecognize and combat it. Belluck pelling than competing claims. hopes to obtain some backing from mdividua Law Students For Corporate Accountfaculty members for this project, if not from ability" wasthe brainchild ofJosephBelluck, the assembled faculty of the law school. who has spent the past 3 years working in Onlyafew otherlaw schools haveestablished Washington, DC for Ralph Nader's Center such courses, but already a textbook on business crime, as well as three or four for the Study ofResponsive Law, a corporate and government accountability watchworks, have been made available to prodog organization. Belluck hopes to transfer fessors interested in teaching such a course. some of the ideas and strategies he learned Belluck feels that ÜB's reputation as a during those years to the group, and to progressive law school makes it fertile mobilize the potential power of the law ground for this course. His attitude may be school and its students in the process. representative of more than a few UB stuBelluck's introductory flyer states that dents, who have noticed a disturbing trend "There isa dangerous lack ofattention being in thecontentandstyleofthe more traditional paid to the effortsofcorporations to insulate law school courses, such as torts orproducts themselves from legal action and to create liability. Somehavequestioned.forexample, legal mechanisms to prevent citizens from the use of a textbook in torts which is coauthored by an individual famous for his holding corporations accountable for busivirulence in pushing for tort reform in the ness crimes. As part ofthis effort, corporations are attempting to stripaway the ability U.S. Belluck likened it to, "Using a textbook of citizens to exercise their fundamental written by Randall Terry in a classabout the abortion debate." constitutional rights." One way of doing this is to inform the For those students interested in learning students of the sympathies of the firms they more about Law Students For Corporate intend to work for. "People know who their Accountability, an introductory meeting will prospective employers are, but they don't be held on Monday, September 16, at 5:00 know when they represent corporate crimi- pm in thefirstfloor lounge. More information nals," says Belluck. He feels that law may also be obtained by contacting Joseph students have aright to know those sympaBelluck at Box #616. thies before they are in the position ofhaving a dilemma of conscience once already on the payroll of a specific law firm. Another reason-for the group's existence will be to push for a new course offering, which will focus primarily on the phenomto present to a court LALSA Announces Spanish Lessons for Law Students SBA to Get a New Lease On Life by Brian P. Madrazo From the Desk of the President To those students who missed the Orientation issue of the Opinion I and the SBA would like to Welcome you back and wish you luck in all your endeavors during the coming year. It has now been approximately three weeks since we returned and much has been happening. Here isan update on where we were, where weare and where we are going. WHERE WE WERE: In May two decisions were made that will affect students dramatically during the coming year. Through the efforts of Dean Cookand the S BA the fourth floor lounge is being converted into a MAC lab complete with fifteen MACs, draft printers and two laser printers. This room will be open in September and, bestofall.it will berestricted to law students and, but for the dime per copy for laser printing, will be free. In conjunction with the transformation of the fourth floor lounge intoaMAC lab Dean Cook and the SBA are refurbishing the first floor lounge. Painting has been completed and a new carpet is scheduled to be installed in September. For your information the painters told me that, in their opinion the room had not been painted since the original coat of paint had been put on in 1974 when the building was built,a somewhat discouraging piece of information. The decision has been made to designate the first floor lounge a common area and therefore, in accordance With New York Law which mandates thatall common areas be smoke free, will be smoke free. Hiding behind thelaw aside the decision isalso one ofpracticality. We have only one lounge, we have justmadea sizable investment in it and the lounge should be accessible to all students. If it was designateda smoking lounge then the potentialfor damage to the lounge from smokeand cigarette bums(and if you don't believe me wander in and look at the burn marks on the floor) combined with the fact that many students would not be able to use the lounge makes useless the investment. SBA and Dean Cook are currently working onan alternative smoking area. Honestly, I am not overly optimistic but the effort will stillbe made. To that end I would verymuch appreciate suggestions from students. Secondly ,the formal decision to scrapthe TA's for Research and Writing was made. They will be replaced by Professors who will teach aResearch and Writing course in the spring semester in lieu of one seminar. Therefore, approximately ten seminars will not be taught this year, a loss ofabout 180 class seats, thus mandating the reduced seminar requirement for second and third years. Potentially this newResearch and Writing program could be very successful. But there are a tremendous amount ofifs...lf professors volunteer to teach (as of August 27, 1991 not one has)...lf the professors are willing to put in the number ofhours needed to teach R & W (mull that one over on your own..)lf solid requirements are drawn up and communicated to the students (as of August 27,1991 no requirements have been drawn) and so on. Rather than playa waitand see attitude the SBA is creating a committee on R & W which will be announced on Monday 9/16. Its mission is to monitor this program and make suggestions, proposals and provide direct student input in to the decision making processregarding R&W. In thisage of the annual budget crisis how the administration, faculty and students react to this situation is, I believe, a defining moment for UB Law. It is likely that crisis' such as the one over R&W will occur again in the future continued on page 10 In This Issue: SBA Class Director Candidacy Statements Student Commentary Student Group Descriptions Spring 1991Grade Chart "The Docket" 3 5 7 ...9 11 The Bilingual-Education Committee of the Latin-American Law StudentsAssociation (LALSA) is offering this year a unique and innovative program: Spanish for Lawyers. The vast number of Spanish-speaking immigrants in the U.S. has increased the need for Bilingual legal services. Spanish for Lawyers, by teaching Spanish "legalese" tonon-Spanish speaking members ofthe legal community seeks to ultimately improve the quality of legal services to Hispanics. Learning Legal Spanish will also improve your marketability as a lawyer in many parts of the country. The program will run 8 weeks, from mid-September to mid-November, and will conclude for the fall semester before Thanksgiving. Several time-slots will be available for the informal, student-taught, 1 hour weekly lesson. The focus will be on conversations that may arise in a legal context, includingregular and legal vocabulary and the major verb conjugations. No knowledge of Spanish is required, but some high school or college Spanish should be very helpful. No homework will be assigned. In addition, an optional coffee hour will be held for all groups, once a week, so that students can interact with instructors on a more personal, one-to-one basis, and ask more specific questions orjustpractice what they have learned. For more information stop by the LALSA Office, or leave a note in box 248. �•' ■*• • » ••' • * The Bar Course That Cares^S^^^^^fl For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 2 The Opinion �SBA Class Director Candidacy Statements EILEEN GROARK 1L CLASS DIRECTOR SARAH E. SWARTZMEYER 1L CLASS DIRECTOR Hi! Let me introduce myself, my name is Sarah Swartzmeyer. I'm a twenty-two year old graduate of SUNY Stony Brook and a native Buffalonian. Before I get into explaining to you all the reasons why I feel you should cast your vote for me, let me first thank you for taking some of your extra time, of which I know we all seem to have very little of lately, to consider me as your candidate for First Year Class Director. Trying to figure out how to brief cases, meeting new people, reading all our lengthy assignments, finding our way around campus, and listening to some seemingly dry professors are just a few ofthe initial challenges which have been placed before us as first yearlaw students at ÜB. Luckily, we're all in this together and witha little help from our new friends, and maybe some extra strong coffee, I'm confident that our spirit and support will pull us all through successfully. In case you did not already know, the SARAH E. SWARTZMEYER positions of First Year Class Directors are quite demanding. They call upon only six people to accurately represent the opinions, voices, interests, and beliefs of hundreds of individuals. In spite ofmany ofthe inherent impossibilities which a system like this may normally present, I know that I possess the necessary qualities, experiences and qualifications to represent each of you successfully. I'm outgoing, intelligent, and imaginative. I've had much experience in leadership roles throughout college, I've been a representative in numerous student organizations, and I've been involved in many different types of clubs for as long as I can remember. I also happen to liveclose by, in Amherst, which affords me the unique opportunity ofbeingavailable to help outat all times. (Including vacations, breaks and weekends!) In addition, I feel that I possess a rare understanding ofthe make-up of our class as a whole. I see that, not only are we hard working, dedicated, serious individuals but, we are also a fun, social, enjoyable group as well. I'm confident in the fact that, as your First Year Class Director, I will be able to draw upon all of these meaningful personal resources in order to demonstrate to you my true assets as your elected representative to the SBA. In conclusion, let me just say that, above all else, I am dedicated to the job. I do not want to be a passive recipient of the various decisions SBA makes about Financial, Social, or Academic matters and I hope that you don't either. So please, vote for me, Sarah Swartzmeyer, and let me be your active voice in the SBA. Thank you and good luck to everyone! CHARLES J. GREENBERG 1L Class Director I would like to announce my candidacy for the position ofStudent Bar Association Class Director. I feel that my experience as an undergraduate here at the University [of My name is Eileen Groark, and I am currently running for the Student Bar Association office ofFirst YearClass Director. I recently graduatedfrom SUNY Albany, with a B.A. in political science. I am extremely enthusiastic about starting law school at ÜB, and I would greatly appreciate the opportunity to use my enthusiasm as a class director of the SBA. serving you as an SBA Director. I intend to do just that — serve you. I will do my best to make certain that the wants and needs of the first year classare communicated to the SBA. I'm excited to be a member ofthe Ist year class (section 3 - yeah!), and I'll do what I can to make this both a fun and productive year for the SBA! Thanks! KEVIN P.COLLINS 1L CLASS DIRECTOR - I believe that I am qualified for three reasons. First ofall, and quite simply, I have a sincere, genuineinterest in the interactions between the students and the school and its administration. I, like any other student (and correctly so), want to get my full moneys worth out of both my tuition and Student Activities fee. I shall work to the best of my abilities to ensure that we, as students, do get our just and fair value for our money. Secondly, I went to a City University of New York (CUNY) college. I attended college full timeand worked full time (over forty hours per week). While this did not afford me the time to join extra-curricular activities (in fact, it gave me very little orno CHARLES J. GREENBERG Buffalo] has prepared me for this position. Moreover, I have several goals which I would like to accomplish shoulc I become a class director. As an undergraduate, I served for two years as a member of the Undergraduate Student Assembly." During my tenure, I helped promulgate several important pieces oflegislation, including a bill that condemn biased related crimes. My executive experience including serving as a secretary for the Jewish Student Union from 1988to 1989 an din the same capacity for the Israel StudentOrganization from 1990t01991. As an ISO officer, I had to organize several events, including lectures, an Israeli cultural fair, and correspondence with various publications, including the undergraduate newspaper, The Spectrum. I feel that these positions have prepared me for Class Director in two ways. First, because of this work, I understand how to get things done, especially in the area of organizing eventsl. Second, and perhaps more importantly, I believe that these achievements have made me more sensitive to the ideas and issues that are important to others, for example, the Student Assembly is a very diverse body ofpeople, representing essentially everybody. From working In such a body, I feel that I have learned to see the merits in everyone's arguments and to negotiate compromises that would satisfy those involved. Moreover, from working with the ISO, essentially the same can be said. Even though the interests of an international club are obviously more narrow than a general assembly, there were still competin'. interests and ourlooks, which made it necessary to understand as many points of view as possible. With this in mind, there are several tilings I would wanttoaccomplish asan SBAClass Director. First, I would want to insure that everyone has a voice in SBA. I feel very strongly that no one should be excluded for any reason of personality, particularly on the basis of race, religion, ethnic origins, lifestyle orideological positionl. SBA should be as open and impartial as is possible. Second, in order to facilitate good communications and relations, I would meet frequently with the presidents of current SBA recognized boards to determine whatissues concern them in relation to SBA. Third, I would keep regularly scheduled officehours so thatany law student whohas an issue with SBA can discuss it with me. One specific goal that I have is to create a society dedicated to studying Euorpean and SovietLaw. I feel that, withthe events in the Soviet Union occurring as they are, that legal knowledge of this country will be necessary for anyone considering international law. Overall, I feel I am capable to bea good SBA Class Director. My experience in similar areas has prepared me well for the challenge ofworking with SBA. Moreover, I feel that I have several worthy goalsthat I would like to accomplish in my tenure as SBA Class Director. EILLEEN GROARK My main concern as a director would be with insuring that the wants and needs ofthe first year class are communicated to the SBA. I wish to serve as a representative in the true sense of the word, by basing all of my votes and actions as a director on feedback received from the first year class. I have some experience in working with student government. As a sophomore in college I served as a member of the Academic Affairs Board of the Student Association. This board met in an effort to convey the position of the student body to the faculty and administration, concerning various academic issues and policies. The board also allocated fundes to advance academic activities oncampus. I also served on the Board of Evaluations for Existing Organizations, which served to evaluate inappropriate actions taken by the organizations which were receiving Student Association funding. I recognize that I have a great deal to learn about this law school and about the SBA. If the first year class chooses to place me in this position, I will devote my efforts to learning how I can best serve the class. Thank you for your attention to this statement, and I would greatly appreciate your KEVIN P. COLLINS free time), it did put me "in touch" with the special interests and concerns of working students, part time students, and those students, like myself, who took courses in the evening. They (we) pay the same tuition and fees and , accordingly, are entitled to the same benefits. I, again, shall work to the best of my ability to see that this is so. Finally, a work related experience gives me the impetus to run for class director. I worked as a doorman during my college years to pay my tuition and to support myself. Here, I was elected by my covote. workers to be their shop steward, or the BRIDGET CULLEN for them to the union to which representative IL-CLASS DIRECTOR A number of issues arose in belonged. we Hi! I'm Bridget Cullen and I graduated to I represent one, ifnotall, ofthe which had from SUNY Buffalo this past spring. I'm to management and/or the union. employess familiar with SUNY policies and proceissue stands out. ManageOne particular dures, which I feel will be useful if I am ment to vacation benefits away tried take elected as an SBA Director. contract a negothrough our guaranteed by I'm enthusiastic about the prospect of tiatedlabor bargaining agreement. I filed a petition for the employees to my union and the National Labor Relations Board and I also filed a grievance against management. Aftcra while, convincedof our seriousness and faced with the reality of arbitration, management restored our vacation benefits. This example points out thatno matter what the specific issue or question may be for us, as first year law students, be it concerns over die research and wri ling course, I ibrary hours, tuition payment, resource allocation, or anything else, I shall do the best of my abilities toensure that weallrccccivc that to which weare entitled (and maybe a littlebit more). Best wishes to all law students and I thank you. BRIDGET CULLEN More Candidate Statments on page 6 >»» TheOpinion, 3 �opinion Volume32, N0.2 | e% EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: September 3, 1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Editorial When President Harry S Truman was asked what his biggest mistake was he recalled hisappointment ofThomas Clark to the United States Supreme Court. Itis enlightening that Mr. Truman, a man many believe singlehandedly unleashed the cold war and the nuclear arms race upon the unsuspecting world in a flash of brillant radiation that killed enough people to be measured by scientific notation, felt the nomination ofa Supreme Court Justice was his greatest mistake. In the past few years we've seen more Supreme Court Justices nominated than the time when George Washington had his wooden teeth in a cup on his night table. Within the past decade Justice Sandra Day O'Connor, Justice Antonin Scalia, Justice Anthony Kennedy and Justice David Souter have all been placed onthe bench. Have we become jadedand blase over this seemingly regular phenomenon? In the halls of this school thereis surprisingly little saidabout JudgeClarence Thomas and the views he will bring to the highest court in the land. Have people spent all their energies on Robert Bork and Douglas Ginsberg then gone away to congratulate themselves on political activism while Justice Anthony Kennedy is comfortably seated and Justice David Souter is serving coffee, croissants and doughnuts to the senior membersofthe court? This is the onlyrational time in a budding Supreme Court Justice's career that the public can exert its influence: we can prevent or support a nomination, but once on the bench the forceof popular will is replaced by the United States Constitution. That is as it should be. There is no room in the United States Constitution for political pressure upon a lifetime tenured judiciary. Which leaves the present interim in the nomination process for people to make their positions known regarding Clarence Thomas. Perhaps the most telling indication of student awareness and participation is that many students don't have a position regarding Mr. Thomas. If this is a sign of the times then we have stumbled into a national complacency which stands in queer comparison to the activity in Eastern Europe. The absence of discussion in a school of law remains an somber indictment of the convictions held by the students and faculty. eCopyright 1991. The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without ihe express consent of the Editors. The Opinion is published every two weeks during the academic yuear. It is the student newspaperof the Slate University ofNew York at Buffalo Schoolof Law. SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Stall of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion Is fundedby the SBA from StudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves theright to editlor length and libelous content. Letters longerthan three typed double spaced pages will not be accepted Please do not put anything youwish printed under our officedoor. All submissions should bepiaced in law schoolrnailboxes443 or 512 by the deadlinedate Deadlineslor thesemester are posted in themailroomand outside The Opinionoffice 724 O'Brian The Opinion Mailbox Regrettably, there were no letters to the editor for this issue. -the Editors Registration Procedure Must Change by Srikant Ramiswami, News Editor Change has characterized the 19905. We saw change in Eastern Europe where the nagging, prehensile tentacles of Communist oppression de oppression succumbed to democratic reform. We saw change in Germany where the passions of East and West ignited a desire to destroy a wall that held them captive. We even see change in the U.S.S.R. where communism has become a nefarious entity. It is now time to change registration policies at U.B. Law School. If Samuel Beckett were alive today he might have entitled his legendary play, "Waiting For Courses." Because although there is always the possibility that Godot may show up, getting courses at U.B. Law School 4 The Opinion revolves around the "theory of perserverance." Under this theory, only camping out like you did that summer for the Beades will ensure your talisman to getting every course you signed up for. If you do happen to arrive late (i.e. 7 a.m.), then "the theory of perserverance" suggests that you blew it. And to even think that we put up with this! Registration procedures at U.B. must be changed so that the students do not just become living and breathing organismsraped of their sense of dignity. Policies must enable students to get almost every class they want without having to wait in long lines. Other schools do it, AND SO CAN WE. And no...we do not have to spend more money to do it. Oh! So how do we change regis- Faculty Statement Debate Ends? by JimMaisano Commentary I am sure that when the 2nd and 3rd year students read this headline their first response is probably "here we go again." The Faculty Statement debatehas been raging at this law school since January 1987, almost to the point of absurdity. However, itis still important that this issue be addressed each year, especially for the first yearclass. The time is long overdue for the Dean and the faculty to show the leadership and courage to make a few corrections in the Faculty Statement so that it can truly be supported by the UB Law community. Faculty Statement is short for "Faculty Statement Regarding Intellectual Freedom, Tolerance,and Prohibited Harassment." The Faculty Statement was adopted in October 1987 in response to some horrible acts during the previous semester. These acts included the writing of "Too many niggers in law school" on the bathroom wall,and other racially derogatory statements on a rolled down movie screen; dog feces put in a student's mailbox; a headless teddy bear put in a woman's mailbox; aletter in a student's mailbox saying she was "fruit ofthe month;" and finally, a letter in a woman's mailbox claiming that a woman's place is "workin' for her man." The perpetrator(s) werenever caught and there is still a question whether law students were actually involved in these crimes. No one can dispute the brutality of these acts and the Faculty Statement was adopted to respond to them. The Faculty Statement hasreceived national attention in The Washington Post.The New York Times. The Village Voice, and The New YorkPost. In May 1988,the faculty passed two resolutions to the document to strengthen its constitutionality stating that the third paragraph ofthe statement does not contemplate the imposition of sanctions and that a student-facultycommittee should beestablished to clarify the statement. The other major piece of Faculty Statement history is that two students filed alawsuit against the faculty overitsconstitutionality in August 1989, but the suit was dismissed this summer. Since most of the Faculty Statement dispute is over the third paragraph, it is important to see how itreads: that the above language only allows the faculty to meet speech with responsive speech, while opponents argue that it gives the faculty the power to censure speech they don't happen to agree with. The fourth paragraph deals with acts of harassment, intimidation and assault, such as the ones that had occurred in the previous semester. Most students agree that these acts are not protected speech and have no problem with this part of the statement. Yet unlike the fourth paragraph, the third paragraph is not really an appropriate response to the incidents since it deals with speech and the incidents were clearly acts. The Faculty Statement is an example of "HateSpeech" laws which arebeingadopted on many campuses across the nation. UB Law is the only public law school in the country to adopttheirown statement. Gerald Gunther, a noted constitutional legal scholar, argues that these speech restrictions make both bad law and bad policy. However, the Faculty Statement does appear to be constitutional due to the faculty's May 1988 resolution stating that the third paragraph does notcontemplate the imposition ofsanctions. Even if the Faculty Statement is constitutional, its language raises many other serious questions. How does one define terms likeracist, sexist, homophobic,anti-lesbian orageist? Ask any two people in our society to define these terms and you will get two very different definitions. What is a group stereotype? It is almost impossible to discussany group in society without violating this restriction. There are students who think opposing affirmative action is racist, that opposing women in military combat is sexist, or that opposing further AIDS funding is homophobic. What ifa faculty member held these same beliefs? Could afaculty member meet a student who articulates the above opinions (which are also held by millions of Americans) with swift, open condemnation under theFaculty Statement? The answer is clearly yes. There are some faculty members who hold some radical opinions. A faculty member can easily use the Faculty Statement to censure a student's opinion in the classroom which happens to run contrary to that individual faculty "By entering law school, and joining this member's definition of the laundry list of legal community, each student's absolute restricted speech in the third paragraph. What is the best way to deal with hate right to liberty ofspeech must also become tempered in its exercise by theresponsibiltiy speech? Is itbetter to drive it underground to promote equality and justice. Therefore, where it is most dangerous, or is it better to it should be understood that remarks di- meet hate speech with more speech to exrected at another's race, sex, religion, napose the faulty reasoning behind it? The tional origin, age, or sexual preference will answer should beobvious. In 1964,Malcolm be ill-received, or that racist, sexist, X was asked about the need to suppress homophobic, and anti-lesbian, ageist and racist speech and he argued that language ethnically derogatory statements, as well as itself- not the suppression of it- is a vital otherremarks based onprejudice and group means of empowerment. He felt the most stereotype, will generate critical responses effective way of exposing speech full of and swift, open condemnation by the fachatred was through dissecting the language ulty, whereverand however they occur." and attacking its weaknesses. Malcolm urged all people to learn how to stand up to lanThe proponents of the statement argue continued on page 9 tration to make it more efficient and effective? I haven't a clue. But I do hear comments in the hallway that keep me thinking. Comments 1ike..."1 went to Binghamton which is just as big and we didn't have to stand in lines like this." Or even better... "They never used to do registration like this. It used to be different before." So what is going on folks? And finally. Every year we vote people in to the S.B.A. to address student concerns. But the S.B.A. is only as powerful as the students who support it. And while Brian and his gang may do all they can to see programs to fruition, the student body has got to rally behind theirrepresen- tatives and work for change. To steal from Adlai Stevenson: "It is not the years in your life, but the life in your years that are of importance." So go out there and be a part of the student body that actively seeks change. And maybe then you'll get answers to what is happening with the research and writing program. Maybe then you'll get answers to what is happening to the number of course offerings. Maybe then the voice of this student body will not be rendered nugatory. It is time to stop the passive acceptance of promises and work towards the active realization of our ideals. �McPherson! byDerryl McPherson Features Editor Abortion. This is what I think about abortion and the controversy surrounding it. Naturally, being a male, I've never had one, but I think I know enough about the subject to offer more than justa casual opinion. Actually, I doubtanyone has justa casual opinion. For various reasons, this issue touches everyone deeply and cannot be dismissed lightly. I'm pro-choice fora simple reason. Whether a developing fetus isa living human being is, as far as I'm concerned, an irrelevant point. Whenever a fetus comes into being, there is another human being in the picture - the mother. With two lives involved, ultimately one has to take precedence. I choose to ally myself with the woman because she has the final responsibility ofliving with and carrying the fetus. The fetus needs her for support. She provides the nutrients, she has to take the toll on her body. If she doesn't want to endure the biological assault having a child can have on her system, how can any third party ask her to do so? Committing one's body to the nine month task of carrying the fetus to term requires various sacrifices and an alteration ofthe mother's life. And the aftermath of giving birth brings practically a lifelong connection, whether the child is given up for adoption or not. The child would live on in the woman's thoughts, if not her everyday life. I don't accept the argument that once a woman chooses to have sex, and a pregnancy results, that she should have to live with the consequences. In our society, procreation is not the sole motivation for sex. Though it may flow naturally from the act, things can be done to avoid having a child as an outcome, and it is no longer the intended result. When the unexpected occurs, a safealternative exists and I see no reason why it shouldn't be used. Forcing a woman to beara child she doesn't wantis tantamount to slavery. It calls uponher to performa task against her will and toreceive no compensation. It isher body, and shealone will have to endure whatever is necessary to make the fetus grow into a human being. I can't see how a third party has any right to demand that a woman go through the ordeal without her consent. If there isa moral question, that has to beleft to the person involved. If she sees the fetus as a life, and chooses to abort, issues of guiltand responsibility are the burdens she mustbear. If it's not a life to her, that may make it easier (though I think the decision is never easy). A concept ofGod orreligion has no place in the equation, and if it does, that is also left to the individual because in America, one person's God may not be the same Godanother follows. I see being pro-choice as the greater option because it allows for various points of view. Someone could be pro-choice and still personally oppose abortion as an option for themselves. Personally, I don't know if a fetus is alive, and I can't help but wonder at times if abortion equals murder. What 1 doknow isthat I can't expect a pregnant woman to live with my interpretation of her situation. She can only judge the situation by her standards and deal with whatever consequences may arise. Sometimes I'm struckby the thought,"what if the pro-lifersare right?" but Irealize that I can't be responsible for anyone else's actions, and it's not my place to judge anyone. I understand the pro-life point of view. To them, the fetus is as valid a person as your best friend. If someone was going to kill your friend or any other person, presumably you'd try to stop it. The difference between your friend and a fetus is that we know yourfriend is alive. Medical science differs on when life begins. I don'tknow when life definitively begins, and at this point no human knows. There are various beliefs, but if those beliefs are based on theological theories, again, one must bow to the affected individual's belief system. As popular as Christianity is, it not the mandatory system for everyone in this country. For me, human life is more than breathing and biological functions. Life is awareness, it's emotions and interactiion. Eliminating afetus thathasn't experienced any of those things on a cognitive level is far more humane than bringing into the world a child that would son die of a prenatal defect orsufferthrough lifeabused and unwanted. It's true thatadoption could head offthelatter option, but many women don't wantto go that route, and I prefer to deal in social realities. I know I don't have all the answers, I doubtanyone does. This issue is sopersonal that no one person can find a solution that would please everybody. The bestanyone could hope for is a method to decide for themselves what is best. Legal abortion provides that option. I don't think anyone "Forcing a woman to bear a child she doesn't want is tantamount to slavery." is for abortion per se. If we could find a way to head off unwanted pregnancies to prevent abortion from entering the situation, that would probably be best. It stops being a life or death issue, and perhaps becomes a moral question. Then if we could perpetuate the idea that morality is based on respect for each other, the matter could clearly be solved on an individual basis. I'm sure someone could find my reasoning insufficient, and I acceptthat. The prochoice position can be quite precarious if applied to life in general,especially in light of advances in medical technology. All I know is that I feel that abortion rights are necessary and justifiable. Yes, that's an emotional reaction, but I also think it's rational. My arguments may have merit, they may not. The choice, as always, is up to you. The Opinion is looking for more than just another wonderful opinion. We need journalist, photographers, copyist, salespersons, and, of course, a Business Manager. Round out your legal education by becoming an active participant on this award winning publication. Everyone is welcome. No experience necessary. Lives Lost to Law . contributed by Sandra Brown Well, we made it. Another semester of law school orpossibly for the novices, the very first semester! Aren't we wonderful?! The cream of the crop the top of our undergraduate classes - every mother's dream. Our opinions of ourselves are veryimpressive... While wear emajoring in law, we are 'minoring' in arrogance. It is hard to believe that we voluntarily have embarked on a course fraught with incredible expenses, unending study and relentless stress. It is a testament to our dedication and seriousness. Oh, our friends are very impresses "Law school? How exciting!" Our families proud. But in reality what does it all mean? If we lose sight of our humanity not much. For some of us, it is the fulfillment of a dream. Law school - the promise of an exciting career in service to the public. (I wanted to writeadoring public, however, it seems the public doesn'tadore lawyers too much - Of course, you've heard the joke about what the difference is between road kill and a dead lawyer in the road? There's skid marks before the road kill...The biting humor hardly masks the public's general attitude.) For others, it is the ticket to a life filled with all the toys that large income will bring...A big house, pool, Jacuzzi, BMW, and all the trappings money can buy. And for others the prestige of arespected position. Power. Politics and maybe fame or itsdownside, notoriety-at the very least... However, in the scramble to become successful lawyers, weforget that the real key to success isremaining true to ourselves. It is so easy to become completely engrossed in our studies and our burgeoning careers that we forget to maintain balance in our lives. We become single-minded and self centered. We trample our friendships and abandon ourloved ones in the pursuitofour careers. It seems that the real problem is that law school is the perfect breeding ground for self centeredness rather than the development ofcenteredselves. Itappears to be the ticket to all our hopes and dreams. While money and power may bring temporary satisfaction, it doesn'tbring satisfaction. It becomes an insidious disease which requires more infusions ofmoney and material wealth. While we are sharpening our minds and skills to do battle in the courtroom or corporate world, we neglect our emotional and spiritual development. We lose perspective of our place in the world and the relative value of our careers. We become suessed out and burned out. We spend our weekends studying, geuing drunk orhigh. Welose touch withwhat isreal and true. We are learning to be true lawyers although we may end up with high paying careers and power, we are also laying the foundation for futures as a group with a high rate ofalcoholism and little respect. The truth is law occupies only a percentage ofour lives. It cannot become the total focus. Everything tangible is temporal. Fortunes can be gained and lost several times in a life time. Maintaining balance is the only way toretain command and conuol of one'slife. Motivational experts suggest that individuals who maintain their business . - - focus on money alone will never prosper. However, those individuals who dedicate their lives to service have unlimited potential. Dedication ofone'slife to service requires the nurturingofarespectful attitude towards oneself and others, communication skills and a sufficient interest in humanity to ascertain needs. This includes respect for all phases ofourlives. We become so involved with our studies and ourselves that we become unable to even determine our own needs. Neglecting one's basic needs for sleep, good nutrition, recreation and exercise breeds illness and increases stress. As the semester progresses in law school, our classes well begin to sound like a tuberculosis ward. The combination of law school and neglect of commonsense health care seems almost fatal(Actually, at times, some of us felt like itwas orwished it wa5....) We forget to be kind to ourselves. Instead on centering ourselves, we worry about correcting theattitudes ofothers. Ours is a world of words, notaction. Matthew7:3 "And why worryabout the speck out ofyour "...the real problem is that law school is the perfect breeding ground for self centeredness rather than the development of centered selves." eye', when you can't even seebecause ofthe board in your own?" Should you say 'Friend let me help help you getthe speck out ofyour eye', when you can't even seebecause ofthe board in your own/" One doesn'thave to be a Christian to appreciate the point made. In the process ofcorrecting injustice andrighting wrongs, weoftencommit injustices ourselves. A political statement will result in a personal attack.. Injustice leads to injustice rather intellectual exchange.. If we were as truly enlightened as we claim ourselves to be, the freeexchange ofideas could be made without blatant attacks and excessive vulgarity. In our stressed out condition, our tempers flare and simple courtesies forgotten.. We allow paranoia to setin. In our selfcentered condition, we imagine petty grievances. The importance ofthe microcosm ie world oflaw school looms larger than life before us. We are supposed to bethe academic eliteand yet we enc up sounding like a bunch of spoiled children trying to out shock each other. Law students are supposed to be learning to be wordcrafters. Yet sometimes our writings appear to the product ofthe uneducated.. If we want to get the respect we think we deserve, we might as well begin practising itright here. Perhaps if we begin to practice the attitudes and mannerisms we associate with success right here and now, in the future, the public will perceive the perception the profession of lawyers as being worthy of respect. In the hopes of a truly progressive and enlightened environment this year, I welcome you all to law school. TheOpinion. 5 �con I inued from page 3 DOUGLAS SYLVESTER IL-CLASS DIRECTOR Greetings First Year Law Students. By now it must be painfully clear that I am running for the post of Class Director. In choosing to do this I have also committed myself Id submitting a "personal statement" to aid you indeciding to vote for me or (God forbid) not. Before plunging ahead I would like to express my opinion that this "personal statement" is a very awkward proposition. What is thereabout myself thatcould possibly sway sway your votes my way? HENRY J. NOWAK MICHAEL RADJAVITCH 2L CLASS DIRECTOR 2L CLASS DIRECTOR Kristin Graham It's time to be fundamentally honest. An Hello and welcome back. For those secI would like to see thisactive involvement SBA director must gothrough a tremendous ond years whohave not yet had the opportucarry overhere at ÜB. It is withthat in mind amount ofnonsensical red tape and hours of nity, my name is Michael Radjavitch. I have that I decided torund for SBA ClassDirector. ridiculous arguments to accomplish very decided to put my button die line and place I am very interested in government, and itis little. This seems to be the general nature of myself in the running for die ever popular in thatfield that I plan to use my law degree. almost all student government positions (as office ofClass Director of the Student Bar Since the SBA is die governing body here at well as non-student government positions). Association. I must admit that die closest the law school, I thought it would be an To succeed as a director who satisfies the I've come tothe SBA and its actions isbeing needs of the law school student body, I feel friends with several of last years directors appropriate place for me to begin my inthat I must: (1) understand the procedure to and officers, as well as attending afew ofits volvement at ÜB. a science sothat I know when to move, when social functions. However, lam quite willIn considering me for SBA director, I to call, when to argue, and when to keep my ing to make the necessary commitments, think the most important thing to keep in Douglas Sylvester shut; (2) forego my own beliefs to time and otherwise, to help woice die conmouth mind is that I am very eager to become and representall ofyourviews; cerns and opinions of my fellow slassmates, acknowledge Afterall, I have been a student at this school involved in the SBA, and I ame genuinely and communicate with and be easily and to act upon them. I owuld greatly (3) for merely one week. As a result, I know interested inrepresenting ourfirst yearclass. students, accessible to fellow studentgroups, appreciate your votes in the upcoming eleconly a handful of people and my opinions I hopeall the first year students will come faculty members, and outside any organization. Thank you, and pleaseremember that about the problems facing students at this out to voteon September 3rdand 4th! Have tionsthatmayaffectthtestudentbody. These a vote for me entities you to one invitation to school are at best severly limited. These a Great Year Best ofLuck! are my goals. All of you have excellent my next party. considerations aside, I dohope that someof ideas which often get lost somewhere you, hopefully enough, decide to vote for DARRYL McPHERSON betweent the mail-room and the drop-add me based upon the following summation of 3L CLASS DIRECTOR line. I do not have onenarrow view withfive my qualities as a human being. My name is Darryl McPherson and I'm ideas — I will support various views good 1.1 carry-a briefcase. This helps me look running for Third Year Class Director. I and several hundred ideas from ail ofyou. A and act like a politician. Who knows, itmay doubt there's much need to explain who I vote for me is a vote for yourself. even help my image as a responsible repream and what I stand for, but I'll say a little sentative. just in case. 2.1 can usually be found in possession of First there's my resume, demonstrating Certs. Never underestimate the value and my experience as a Second Year Director importance of having fresh breath when and SBA Presidential candidate, my cohaggling with administrative bigwigs. founding of Students for Constitutional 3. I'm a real nice guy. Really. Just ask Concerns (SCC), my work as an Opinion anybody who knows me (if you can finde Staff Writer, and now as Features Editor. either of them). There's also my co-chairing of the Orien4. I don't open my mouth all the time in tation Committee this year, ifthat matters to class and annoy my fellow students. This anyone. may not beas important to you as itis to me, I like gettingthings done. The SBA should but I thought you might like to know. bea conduit for effective change withinthe 5. If elected I promise to go to all meetings, school. Hopefully, that will be significant the facetiousness of the "personal stateand substantive, and go beyond the superment" aside, and voice the opinions and ficial splashes ofpaintandcarpetrolls we've concerns of my constituents, whateverthese gotten to so far. I believe in fair represenSTEPHEN LEE may turn out to be, to the properauthorities. tation for all students, and growth for all 1L CLASS DIRECTOR I hope that the "unseriousness" of this wherever possible. Hello, my name is Stephen Lee and I am a statement will not dissuade any of youfrom that, I hope it is known that I said Having who would like to be voting for me. There was little else I could first year law student can't do anything by myself. I need the a member ofthe Student Bar Association. writeabout. After one week here itwould be of not just third years, support students, all The reason I am running for the position of ludicrous for me to have positions or subto the SBA useful make a body. The first stantial opinions about the problems facing Class Director is that I feel that I can bring a vote, is out getting step the then student student life. Let me end by assuring you, unique perspective to the SBA. Not long involvement is needed at all levels. ToDarryl McPherson once again, that I want to be a ClassDirector ago I was involved in an accident which has gether, we can all make a difference. (and not just because it looks good on my left me disabled, before I was disabled I had resume) and if elected will perform the preconceived notions and prejudices about duties of that office to the very best of my disabililties but the truth in die matter is that disabled. I abilities and in the best interests of you the anyone at any time can become since I can see have a but personal agenda potential voter. issues from my old perspective and a new one I feel I can be ofhelp to many students. KRISTIN GRAHAM have held positions before as a dorm repI IL-CLASS DIRECTOR resentative and as the SASU Delegate of Over the past week or so, amidst the SUNY Binghamton. I really don't want to confusion, I have had the opportunity to make statement and tell you all of my long meet many of you. However, for those of have and my qualifications why you should I you 1 have not had a chance to speak with. for me. But I wouldlike to say thatlam vote I'd like to introduce myself. My name is Kristin Graham and I am in Section One. a very easy person to talk to and get along Although originally from the Albany area, I with so that I would be open to any and all students. received my undergraduate degree in Political Science from Geneseo this past May. At Gcncsco, I was a very active part of the campus community. I held executive posiMandatory means mandatory. SBA cannot process tions in several clubs, including the PreLaw club and Pi Sigma Alpha. In addition reimbursements for groups who choos not to send a representative. Help the to these academic organizations, I was also SBA streamline the reimbursement process. Helpyour group utilize your funds a member ofthe Phi Kappa Pi sorority, and more effectively and save your money. as a result, was very active socially as well. - - - - - Attention All Student Group Leaders Mandatory Meeting When: Thursday, September 5,1991 3-4pm Where: Roomio6 Why: Reimbursments Who: Presidents/Treasurers preferred sdfsdfsdf■VcDHcet 6 The Opinion NOte. �Law School: More Than Just Briefing Cases A sampling of some Student Organizations The STUDENTS FOR CONSTITUTIONAL CONCERNS are proposing a series of debates between law students who are interested and informed on a variety of controversial topics. We envision entertaining and informative presentations; heavily advertised and with plenty ofopportunities foraudience participation. We would like to bring together all the students who have been arguing loudly in the hallways and writing angry letters to the editor, and give them a means to have theirbeliefs subjected to the marketplace ofideas. The deathpenalty, abortion, multicultural education., affirmative action.. If you have strong beliefs onissues like these.and would like to sharpen your debating and litigation skills beforealarge andargumentative audience, then you should participate in the S.C.C. Student Debates. We will match you up withpersons propounding contrary viewpoints. We will provide you with materials to back up those viewpoints. It should be a lot of fun. If you are interested, please talk to an S.C.C. member, or leave a note with your nameand the issue you would like to debate in box 407, 311, or 450. The LABOR LAW SOCIETY is an organization which seeks to bring together law students for the purpose of mobilizing activities focused on labor law issues. Last year, the LLS coordinated several activities and events. We sponsored a "brown bag" lunch, where bothalocal arbitratorand laborlawyer provided information concerning the practical dynamics ofarbitration and mediation processes. We hosted a discussion at which a local labor organizer spoke about the strategy and issues of organizing non-union work forces. We also mobilized support in a variety ofways for the striking Greyhound bus drivers. During the coming year, we hope to duplicate these efforts and to expand them. We are presendy dying to arrange a debate (along with the Federalist Society) around HR-5, theso-called "strikerprotection" bill. The Labor Law Society welcomes students whose views represent all sides of labor issues. Ourfirst meeting will be scheduled sometime in early September. The HIBERNIAN LAW SOCIETY (HLS) is a social and charitable organization whose goalis to upholdand promote the rich tradition and culture of the Irish people. Our organization is open to both Irish and non-Irishalike. All thatis required for membership is an appreciation ofthe Irish loveof laughter, song, dance and lively conversation and a willingness to celebrateand share in that love. The HLS is very proud of the contributions we have made to the Belfast Summer Relief Program, which benefits orphaned children in that war-torn city. We hope to increase our efforts for this worthy cause. Weare equally proud of the Michael Phelan Memorial Scholarship Fund. The scholarship will consistofthe proceeds ofan annuity managed by Professor Ken Joyce. The proceeds will be disbursed by the Presidential Board as soon as the fund reaches an as yet undetermined level. To fill the coffers for the Belfast Program and the Scholarship Fund, we sponsor a number of fund raisers, including our infamous Irish Night at Checkers. We also sell coffee, bagels and collector item t-shirts in O'Brian Hall. We plan to be active in local Irish cultural events, such as the St. Patrick's Day parade and therecently concluded Irish Fest. The HLS is painfully aware of the problems in the six counties in the north of Ireland and do not believe in ignoring the issue. We support any and all peaceful solutions to thatconflict in the hopes ofone day realizing are-united Ireland. Trust,Tax Law, Negligence, Copyright and THE DOMESTICE VIOLENCE Trademark. Job opportunities in the field TASK FORCE had a successful summer are few and farbetween and itis often stated depitebeliefs thatcontinuing a student group that "who youknow is as importantas what through the summer mightbe difficult. The The members of THE FEDERALIST you know" in order to land a job in the field task force continued escorting domestic vioSOCIETY are recognized for open, flowout of law school. For that reason it is lence victims throughout the summer and ing, and robust debate on a variety of subimportant thataspiring students meetpeople the staffat Haven House was most appreciajects. We as a group believe in and promote in this rewarding field. Several practitiotive. Haven House currentiy has five outthe full utilization of the marketplace of ners have already expressed interest in lend- reach counselors and because of the sumideas in spite ofpressures from the "politi- ing a hand with the organization. Guest mer, vacations have left die outreach unit cally correct." speakers will discuss different aspects of shorthanded. We are a politically and culturally diverse Sports and Entertainment Law at the In addition to advocacy, the Tuesday group. Generally our members favor: (1) organization's meetings. Evening Program at Haven House ran individual rights, freedom, and liberty from An extensive summer job search is in the throughout the summer. For those unfamilstate coercion; (2) judicialrestraint; (3) the works which will certainly aid students in iar with the program, volunteer attorneys political ideals ofthe Founding Fathers; (4) obtaining summerand eventually full time from the community are teamed with law traditional family values. Wewelcome conjobs with firms, professional leagues and students on a weekly basis. The pair meet servatives, libertarians, and those people teams. individually with women in crises who are who thought they were liberal before they Anyone who is interested in joining the in need of legal counsel and advice. The came to UB Law. society is encouraged to look for announcestudnet provides necessary follow-up if the A central issue that most members ofThe ments in the law school, and can slipa note woman is in need ofadvocacy or transportaFederalist Society agree upon is the protec- in Peter Nussbaum's mailbox (#198). tion to Family Court. Should die woman tion of the right to free expression. On actually require legalrepresentation, the stucampuses across the country it is groups THE GRADUATE GROUP ON HUdent coordinator.SueTomkins, arranges for such as ours which are standing up for the MAN RIGHTS LAW AND POLICY is a an attorney to assist the client, pro bono. First Amendment rights ofall students. This summer the clinic was extremely university-wide organizaton which brings More than any other student organization, students, staff and faculty together to dis- busy. Some evenings as many as eight the Federalists bring in reputable experts to cuss international human rights issues. women women were scheduled demonsuatdebate members of our politicaly homogDuring each semester ofthe 1990-91 acaing the continued need for this program. enous faculty on issues of public controdemic year the Graduate Group sponsored a The DVTF has been approached by a versy and interest. We also produce the "Human Rights Week." The following number of people interested in emulating Federalist Papers the only meduim for events wereincluded in last year's activities: the program in some fashion, including the political dissent at the school. You have strucka Rock" - a film New York State Bar Associations Pro Bono If you are interested in becoming a part of and discussion about women's resistance in Coordinator, aDirector from the Governor's our organization or just would like to find South Africa. Task Force on Domestic Violence and law outmore about us, stop by our office inroom "Hazardous Waste Issues" - a students from several law schools. Because 725 O'Brian Hall, come to our meetings, or discussion oncurrent problems in the United of a growing interest in such programs, the contact one ofour officers. Chairman: Karl Slates and Eastern Europe*. DVTF and the program at Harvard Law Czymmek (box 57); Vice-Chairman: Hans �"Forbidden Freedoms: Life in School are attempting to arrange a national Tirpak (box 545); Treasurer: John Jablonski Tibet under China's control" by Lobsang conference in the Spring for students to (box 141); Secretary: Norbert Higgins (box Jinpa, recipient of the Reebok Foundation gather and discuss issues surrounding such 407). Human Rights Award. programs. *"UN Protection of Human Rights: The DVTF will be having its first meeting BUFFALO ENVIRONMENTAL LAW Promisesand Failures" byProfessor Claude on September 3rdats:3opmin aroomTß A. SOCIETY (8.E.L.5.) strives to provide a Welch, Political Science, SUNY-Buffalo. The training and orientation will be held on forum for diverse environmental perspecThe Human Rights Center Also sponsors September 7th in O'Brian Hall. Details.will tives in afree and open manner, additionally summer internships in Geneva, Switzerland beannounced. All students are welcome to promoting immediate practical application forgraduate and professional students interparticipate, with orwithoutpriorexperiencc ofbasic legal skills. ested in public international law, including in the field. Each person has unique talents The group's primary objective is to be international human rights law. Buffalo to bring to the group,regardless of his or her responsive to die educational needs and acastudents recieve a fellowship to work at the backgorund. Hope to see you there. demic interests of the membership and the United Nations or non-governmental orgalaw school community. B.E.L.S. undernizations which focus on international law. takes to fulfill that goal through die impleInterns in the past have worked at the mentation ofan extensive speaker program, Centre for Human Rights, Working Group by providing extra-curricular project opporon Indigineous Peoples, the International tunities within the community, through the Labour Organization, World Health Orgadistribution ofa monthly newsletter, by postnization, and environmental and ttade isingjob openings, and by continually develsues. The Human Rights Center also has oping the group to meet a multiplicity of information available on study abroad proneeds and opportunities. This semester also grams. markds the start of a concerted effort to This year, we will form working groups on launch an environmental law journal. The various issues according to the interest of group is confident that the journal will not our membership. Past activities were orgaonly bea credit to thelaw school, but will be nized by working groups on Africa, Asia, of great service to the community at large. the Middle-East, Latin America and the B.E.L.S. is holding its next meeting on environment. New groups that will be acSeptember 11th form 4pm to spm. The tive include working groups on internalocation of the meeting will be posted in teh tional women's rights rights, and the death usual locations and in the mailroom. All penalty. Anyone who is interested in joininterested parties are encouraged to attend. ing or starting a working group, contact Mona Igram in the Human Rights Center, This past summer two UB Law students 408 O'Brian, 636-2073. began to consider the formulation of a SPORTS AND ENTERTAINMENT LAW SOCIETY. Each contacted several practitioners and faculty members, gathering informationand advice. At the end ofthe summer they got together and have since % I v. i<* if nun iaw norx co tur hi mas-'-aomjsi in aw begun to lay the groundwork for what willBOOKS LAW hopefully be an exciting and informative MMI DISCOUNT Why pay full price and wait in long lines. HNPfJPMi|MI| organization. Many students have already CALL NOW FOR THE LOWEST PRICES expressed interest in getting involved with IN THE COUNTRY-- 1800 253-1594 society. the Sports and Entertainment Law is a diverse field. A practitioner in the field willlikely be called upon to deal with different areas of law such as: Contracts, Labor Law, Anti- - *" * STUDENT GROUP DESCRIPTIONS WELCOME FOR THE NEXT ISSUE. DEADLINE: SEPT. 12th *. fftyrjil'jfitfll mI jwm I TheOpinion. , ' i 7 �India Revisited: A Personal Account by Snkaru Ramaswami Pan Am Iligntoo6 made its finalapproach into New Delhi's Pallam Airport. The adrenalin in my system had soared to gargantuan heights and my mind lacerated with thoughts ofsadness and euphoria. The sadness stemmed from my knowledge that certain people I had always revered had left to pursue their duties in another world. The euphoria emerged from a plethora ofrelatives I anticipated seeing at the airport and the time we would spend catching up on news that had been missed in the many years of my foreign uavels. The India I revisited was a very changed one, but the philosophy remained. In aland that has produced intellectual giants like Mahatma Gandhi, Dr. Radhakrishnan, and J. Krishnamurthy, I found the same selfless and stoic attitude that has persisted since timeimmemorial. While the western world portrayed a sense of isolation to me, the Indian psyche boasted of a certain togetherness. While the western world thrived on pollution control, traffic regulaiton and order, India portrayed a land ofno controls or regulations and totalchaos. Yet, out of the chaos stemmed order, making me believe what my history teacher once said: that sometimes, there is method to madness. Like my LSAT score, the GNPper capita in India is very low. Birth rates are greatly reduced by the infant mortality equation. Death rates are exacerbated by the cheap cost of human life. Women seemed more emancipated to me. Yet, some walked paces behind their husbands and were subservient to their needs. Contraception also seemed like a non catalyst. Indians were everywhere and the strength of manpower was evident. I was visually moved by the profile of Indian poverty that was multi-faceted. Inadequate success with family planning has led to a high population growth rate, which, in turn, has eroded the fruits of economic growth and poverty. Another dimension of the poverty problem is the fact that millions are starving from want of employment and purchasing power while granaries are full after good harvests. In effect I saw two India's. Islands of prosperity, mainly in the dities and towns, surrounded by a sea of poverty characterized by starvation,disease squalor, ignorance, and virtual absence of hope. Yet, India continues to survive because "while several civilisations have died from affluence, none have perished through adversity." During my visit to India I also sensed the tension in political circles. Rajiv Gandhi, the Doon School boy, had been eviscerated, portraying a political system where leadershiphas become the hallmark oftotal decay. Paradoxically, it was interesting to learn that while Mohandas and Rajiv Gandhi were apostles of peace and non-violence, their deaths were characterised by violence and rioting in India's major cities. After a whirlwind trip, I left India with many thoughts. Thought that ran the gamut ofre-defining our values, re-assuming our responsibilities, and re-stating our objectives. I have always been proud to come from a country which has shown the west that we can make up in spiritual strength what we lack in technical expertise. But I left India knowing that change was inevitable and necessary so that tomorrow will not bring a sectorial strife where bloodshed and violence emerge triumphant over progress. Deadline for the Next issue of The Opinion is Sept. 12. Place submissions in Box 443 or Box 512 "Ode to Gorbachev" ONE SUNNY DAY, HE WENT AWAY TO SPEND SOME TIME ONHOLIDAY BUT THEN HE HEARD THERE'DBEEN A COUP AND HE HAD COME DOWN WITH THE FLU YANAYEV,THEKGB WERE IN FULL CONTROL, YOU SEE AND YELTSIN TOLD THERUSSIAN CROWN TO STAND REAL TALL AND FIGHT AS ONE THE MARKETS FELL, NO BULL, ALLBEAR AS NEWS BROKE OUT ONMOSCOW SQUARE AND GEORGE BUSH SAID THAT HE WAS SHOCKED BY HOW HIS NEW WORLD HAD BEEN ROCKED THEN mWSAmF/ED,THE COUP HAD FAILED! AND GORBACHEV WAS OUT OF "JAIL" HE TOLD THEMASSES HE KNEW THEY'D WIN THE MASSES LAUGHED AND CHEERED,''YELTSIN! YELTSIN!" penned by Srikant Ramaswami - Commentary:"A Justification for the Shamir Likud Position" An opinion by DavidLask "For the sake ofZion I will not keep the quiet, For the sake of Jerusalem I will not hold my peace" (Isaiah 62.1) Imagine if you and your large family moved into a twenty-four unit apartment building,after having long ties to thatdwelling, and twenty-two of those neighbors immediately ajjacked you, while the twentythird exerted no influence in your behalf. That is what itis like for Israel living as an outcast, a leper in the Middle East, surrounded by such neighbors who have tried to invade and destroy the tiny Jewish state on not one but five occasions. The current Arab economic boycott against Israel is not onlya crueland inhumane gesture ofbigouy by the Arab world, but it extends to any company in the world that does business in orwith Israel. In certain instances, the Arab boycott has extended to American companies that do no business with Israel, but have Jewish-Americans as their CEO's. This past summer, the L'Oreal cosmetic company, whose past leadership flirted with Naziism in Vichy France, compelled one of its board members to resign because of pressure from the Arab counuies generated by the mere fact that this particular board member ofL'Oreal rented a seasonal apartment in Tel Aviv. The recent gesture from the hard line dictator of Syria (the post-Sadaam power broker in the Middle East) is not viewed by the Shamirgovernmentasa legitimate Sadat type peace proposal, rather a manipulative tactic toreclaim die Golan Heigh ts.astretch of land that Syria has an irredentist claim to and has constantly failed to take back from Israel by war or terrorism. The Likud party refuses to give land for peace, rather they seek a legitimate, authentic peace for peace plan which entails direct face-to-face negotiations with the Arab counuies. Assad, unlike the assassinated Egyptian leader, has 8 The Opinion made no direct contact or overture to Israel, only to die United States. The Syrian leader realizes that it is in his best interests to amelioraterelations with the United States, (and take advantage of the Bush Administration' s weak stance on Israel) ata time Soviet aid to Syria is dwindling to an all-time low. President Assad is tactfully exaggerating Syria's unreliable and minimum involvement in the war against his own enemy, Sadaam Hussein. Assad's claim forpeace is seen by Likud et al as a guise for forcing Israel to giveupland, thereby increasing die geographical hegemony that die Arab world enjoys over Israel, a country comparable in size to New Jersey. The Syrian leader is dogmatic about a United Nations presence at any peace talks. The Shamir government is well aware of the large anti-Israeli Arab coalition in the U.N.. For it is this Arab "lobby" that yearly submits die infamous "Zionism Equals Racism" proclamation which seeks to expel Israel from the U.N., thereby further isolating Israel and increasing its susceptibility to attack. Prime Minister Shamir, like former Prime Minister Begin, does not believe in appeasement or unilateral concessionas thearbiter ofMiddle East peace. Israel has proclaimed to the world that it will surviveand not feel guilty fordoing so. The Shamir government is not willing to so much as flirt with die idea of a partitioned East Jerusalem, the segment ofthe Jewish state's capital occupied by Jordan up until the mesmerizing Israeli victory in the 1967 Six Day War. This is why the notion of a "Palestinian" delegation from East Jerusalem is anathema to Shamir. That notion undermines Israel' s uncompromisable claim that a united Jerusalem will always remain the capital of the Jewish state. During the coalition war against Iraq, Israel stood silent as the Soviet-made Scud missiles rained down on Tel Aviv, a city proclaimed by Sadaam Hussein to be in- fested with "Zionist Criminals". As Jewish children practiced putting ontheirgas masks, their grandparents clearly remembered the German experience, where two million Jewish children fell victim to extermination. Where was the Arab protest of the Scud missile attacks? Although several Arab nations tacitly acquiesced that Israel had a right to defend itself, King Hussein of Jordan threatened to declare war against Israel if it used Jordanian air space to do so. Israel and its Patriot missiles remained a sitting duck, praying not to be gassed and asphyxiated by the nefarious Iraqi leader in his desperate effort to liberate Palestine and plunge the Mid-East into an all-out Jihad. An objective viewer can readily see that Israel, with scant exception, has received only ominous overtures from its Arab neighbors. A stellar exampleis the Syrian, Jordanian and Egyptian surprise invasion of Israel in 1973 on the eve of Judaism's most holy day, Yom Kippor. It is with that historical perspective combined with Arab culture, having Jew hatred so deeply ingrained, that Prime Minister Shamir, and Housing Minister Sharon take a position that the Bush Administration considers hawkish. If Israel were to attain peace by giving up land it would immediately need to relinquish the Golan Heights, East Jerusalem, Gaza, and the West Bank (Judea and Samaria), therebyreducing Israel to its 1948 boundaries, ghetto-izing Tel Aviv, and endangering the lives of hundreds of thousands of Jewish settlers, who, like the Sephardic Jews of the 1940's living under Arab rule, would inevitably reap the dubious benefits ofArab intolerance. Only an infinitesimal minority of Knesset members would accept such a peace proposal. Prime Minister Shamir has made a statement to die Arab world that as long as he remains Prime Minister, Israel will not succumb to die territorial designs of its neighbors and its internal threats. Therefore, the Arab coun- tries need to finally come to the realization that after five lost wars and a well-developed Israeli nuclear arsenal, Israel is a permanent fixture in the Middle East, peace or not The time has come for dienew world order tocome to full fruition in dieMiddle East. If the war against Iraq were to have occurred during die heightened period of the U.S.Soviet cold war, Armageddon would have been a likely outcome. Peace, justice, and happiness may soon dawn on die Middle East, a precious part of the world which has seen constant strife for four thousand years ofrecorded history. The Arab world, especially liberated Kuwait, should seize this moment to show Israel that itreally does respect the existence of "Infidels" in die Middle East. The long overdue lifting ofthe Arab economic boycott, without Israeli territorial concession would be a major first step in arapprochement between Israel and its Arab neighbors. The Shamir government believes that until the Arab nations liftthe boycottand insert accommodation into its culture withregard to the Jews, there can be no real lasting peace. Fifty years ago, the world painfully learned that territorial concessions and appeasement do not bring peace, only demands for more territory and catastrophic war. Israel will continue to have a spot in die twenty-four unit apartment building known as the Middle East. The ball is in the Arab's court. Ifthey wish to exacerbate the vicious cycle of war with Israel, which they cannot win, the new world order will prove futile. Hopefully, the Arab nations will progress and putaside theirmany cultural biases and antipathies for the Jews and Christians of Israel, and begin an era ofenlightenmentfor dieMiddle East, which will bring in billions of dollarsofinvestment and tourism to this region, sorich in history, soperilous in dayto-day life. �SPRING 1991 GRADE CHART The chart below represents gradesassigned by UB Law instructors for the -Spring 1991 semester, as represented by the grade board on the third floor of O'Brian Hall, outside the Records and Registration office. The chart also indicates the date when those grades were posted for each class, and not necessarily the date at which they were turned in by the instructor. Grades not yet posted on the board will not be represented below. Instructor (First Year Classes) Schlegel Freeman Munger Steinfeld Kannar Newhouse Pitegoff Olsen Blum Mensch (Upper Level Classes) Instructor Atleson Gruber Boyer Advanced Legal Research Scales-Trent Berger Zimmerman Neubauer Schlegel Marcus Rimar Engel Freeman Thomas Lindgren Goldstein Kaplan Palecki Welch Berger Ewing Carr Singleton Newhouse Kenyatta Sajo Mugel Marcus Joyce DelCotto Joyce Reis Disare Sullivan Gerstman Gresens Bean Moore Dougherty Phillips Buckley Magavem Reis Kannar Kenyatta Ellis Albert Newhouse Newhouse Olsen Scales-Trent Ewing Boyer Schwartz ClinicFinley Szczygiel Sajo Atleson Pitegoff Seipp DelCotto Hezel Blum Halpern Zimmerman Finley Class Date Posted 7/3 5/20 7/10 6/21 Contracts Property Property Property Constitutional Law Constitutional Law Legal Profession Research and Writing First Amendment Torts Class Labor Law Bankruptcy Reorg. Natural Resources 6/12 5/23 6/18 8/7 5/30 5/28 Date Posted Employment Dis. Lit. Evidence Problems Financing Small Business Sales Writing Law Social Security Law Asylum and Refugee Law Products Liability Nature, Ecology + theLaw International Business Statutes Legal Rights of Handicapped State and Local Govt. Law Theory of Law and S tate IntProtection ofHuman Rights Canadian Legal Studies Evidence Evidence CriminalProcedure Collective Bargaining Constitutional Law 2 Public International Law Estate Planning Family Law Gratutitous Transfers Tax 2 Tax 2 Environmental Law Wall Stteet New York Practice New York Practice New York Practice Intellectual Property Land Use Planning TrialTechnique Securities Regulations Sales/Secured Transactions State and Local Finance Property 3 Const. Govt. Age. NatT. Sec. Civil Rights Strategies Early Am. Consitutional His. Constitutional Litigation School Law Law and Public Education Judicial Clerkship Selected Issues in Civ. Rts. Psychology and Crim. Law The Great Lakes Problems in Health Law Education Law Law and Social Change Leg ServElderly - Clinic Com&Int EnvLaw Law and the Visual Arts Com. Eco Dev Clinic Immigration Law Clinic Corp. Reorg. and Di. Low Income Housing Clinic Rule ofLaw Real Estate Finance Small Business Clinic Law and Social Change Faculty Statement Commentary 5/23 5/17 6/19 5/23 6/11 5/14 5/13 5/13 7/9 6/6 5/13 6/10 5/14 7/16 6/6 6/6 6/5 5/13 5/16 6/18 6/13 5/17 6/18 5/20 6/4 5/17 6/13 6/6 7/9 6/12 8/2 6/17 5/23 5/16 5/13 5/15 7/26 5/13 5/16 6/6 6/6 5/30 7/30 6/13 5/15 5/14 7/10 7/10 5/20 5/13 6/11 5/17 7/7 6/18 5/13 8/22 5/13 6/4 6/5 5/13 5/14 5/13 5/14 5/14 7/16 5/13 5/15 H 19 13 23 14 23 27 40 91 21 16 11 11 14 17 3 12 1 1 5 11 13 11 12 22 13 15 15 50 11 11 37 2 6 11 12 21 8 48 15 28 9 69 42 20 56 0 71 12 01 H 15 7 18 8 9 7 9 3 8 10 3 0 9 50 0 22 0 0 8 0 18 0 0 0 0 6 4 9 0 16 0 0 9 0 0 3 0 0 0 0 0 0 0 .6 0 26 21 0 4 0 6 9 0 0 38 0 11 9 4 2 10 4 9 6 8 6 3 17 6 6 5 5 8 4 5 15 3 13 13 10 4 4 11 19 0 0 2 0 0 0 0 0 0 0 0 0 1 0 3 0 0 2 1 0 1 3 5 0 0 0 71 0 0 5 0 2(1H*,3H-;17Q-) 0 0 (15 Q-) 0 0 0 (2 H*) 0 (1 H*) 0 0 Q D E 47 53 51 107 48 64 2 53 4 10 19 13 0 5 0 7 0 0 0 10 1 0 9 11 26 6 0 0 0 1 0 0 1 0 3 0 0 0 0 6 6 0 11 4 4 5 7 38 65 39 8 31 14 29 53 94 22 24 38 13 35 24 32 16 3 44 15 52 17 9 0 6 5 9 1 5 0 4 16 1 1 1 0 0 12 3 3 0 9 2 1 10 0 0 1 1 1 0 0 1 2 9 2 2 0 0 2 5 4 5 2 0 0 4 2 0 0 2 1 2 6 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1 H*) (1 H-) (2 H*) (1 H*) (3 D*) (2H*) 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1 H~) (1H*) (1 H*) (1H*) (1H*) continuedfrom page 4 guage aimed at crippling them. Judge Wilfully capable of utilizing our freedom of liam Brennan was recently asked what he speech to challenge offensive statements thought of hate speech restrictions and he made by our peers. If disputes cannot be felt it was a very scary movement and he setded through intelligent debate at a law would strike them down in a second. school, then it is difficult to see how the Malcolm and Brennan are hardly evilreacsociety at large can solve these problems. tionaries trying to oppress students, they There are even faculty members who opsimplyknow that suppressing hate speech is pose theFaculty Statement both on and off a Faustian bargain with very dangerous imthe record. The answer to this controversy is clear,a plications. It is important to note that itis not only the student-faculty committee, which is mandreaded "white straightmales" who oppose dated by the Faculty Statement's second the Faculty Statement. Many students the resolution, must be set up to make minor Faculty Statement is supposed to protect changes to the third paragraph. One solualso oppose it. These students find the very tion would be to change the words "swift, notion of a need for a Faculty Statement to open condemnation" to "responsive speech." be paternalistic. Students do not need the No one can deny that the faculty should be faculty's assistance when offensive situa- able to meet speech they find offensive with tions occur. We are not children, we are responsive speech. "Condemnation" is a powerful word with the following definitions listed in Webster's: to find guilty, to pronounce judgment against, or strong reproof or censure. It is time that everyone in the UB Law community puttheir ideologies aside, students and faculty/supporter and opponent, and work to produce a Faculty Statement that the vast majority ofstudents and faculty could support. When I was a first year director of the SBA in April 1990, I went to meet with Dean Filvaroff about the Faculty Statement and he told me that the faculty could not amend the Faculty Statement due to the lawsuit, but he recognized some of the problems and would be willing to address them ifthe lawsuit was dismissed. Well Dean, the lawsuit isnow dismissed and I hope you are a man of your word! International Moot Court Competition by Greg Chestnut On behalf of the Jessup Moot Court Board, I would like to welcom back all Second and Third year law students, as well as extend a warm welcome to all First years. Last week, the Jessup Board proudly announced the Fall Moot Court Competition! Jessup is an international moot court competition which hypothetically takes place in the International Court of Justice located in The Hague, Netherlands. It is open to all second and third yearlaw students whohave an interest in enhancing their oral and writing skills. You do not have to have taken an international law class to compete. All die materials to writethe short brief will be provided to you. After submitting a brief, you will be coached on how to improve your oral and advocacy skills. Then the big day will arriveand you will orally present your case to a group of judges. The four best oralists and the four best brief writers will be chosen for the regional team. Then early in the Spring semester the team will compete in the regional competition. Last year's team went to Milwaukee and came back with prestigious oral awards. Who knows, maybe this year the competition will be held in sunny Cancun? So what do you think? If you're interested purchase the informational packets from the Law School Mimeo Bookstore on 9/3 to 9/5. You have plenty of time to writethe short brief which is due on 9/20. After the practice rounds, the competition will beheldfrom 10/1 to 10/ 3 with each competitor scheduled to argue once. The competition truly is a rewarding experience. You will improve your oral advocacy and writing skills, as well as have a moot court competition under your belt. Best of all, having competed in a Jessup competition can boost your resume for thefall interview season (employers eat it up!). If you have any questions, please contactKarin Stamy (Box 534)orGayKang (Box 427). Good luck to all the Mooters! THE CAREER DEVELOPMENT OFFICE and THE GOLD GROUP OF THE U.B. LAW ALUMNI ASSOCIATION (Graduates of the Last Decade) -present- GETTING YOUR FOOT IN THE DOOR: High Yield Solutions for Obtaining Legal Employment 4:00 p.m. September 11,1991 Room 109 John Lord O'Brian Hall Featuring: Douglas W. Dimitroff, Philips, Lytle, Hitchcock, Blame and Huber "Assessing the Market: Outlook for Legal Employment in the 19905" Michael J. Biehler, Jaekle, Fleischmann & Mugel "Successful Strategics" William C. Allrcutcr, Saperslon & Day, PC. "Conmisting Approaches to the Buffalo and New York Markets" ***WATCH FOR FUTURE PRESENTATIONS*** TheOpinion, 9 �MANDATORY STUDENT FEE WAIVER FORMS AVAILABLE ROOM 101 O'BRIAN HALL. DEADLINE: SEPTEMBER 13,1991 RequiL mTfoher oafer The following article was found in the desk drawer of the Italian Loafer. The Opinion feels that in the spirit of true journalism, as characterized by The Loafer's credo and the fact that he was still under contract to us, there is no option but to publish this last article be held in confidence. 5) Waivers will be granted if the student is eligible for financial aid loans or grants for education and is unable to pay the fee without incurring a debt that would hinder further study. In other words, the ratio of posthumorously. income v. expenses willbe considered in the determination of financial hardship. I met with a man who had no conviction. 6) No student will begranteda fee waiveron People don't realize the difference between the basis of non-participation in any SBA being convicted and having conviction, sponsored activity, program or event. between being committed and having 7) No expense for a car shall be considered commitment, between being an organism legitimate unless the car is necessary for and having an orgasm. Well, maybe they Uansportalion to and from work or school. understand some of that stuff. In any case, 8) No fee waiver shall be granted on the I get paid to teach them the difference. That basis ofundue financial hardship unless the meeting with Cardin Maglie was no student has made an application to the Ofexception. fice of Financial Aid for assistance. The Gamble and Gambol wasa gin joint in 9) Please type or print neatly. Special the seedy section ofdowntown, justa stone's attention will be paid to question #11 - throw from my own office. Shorter if you "reasons for waiver request." You may take the fire escape. That's where my pal attach additional sheets if you wish in order Cardin arranged for a meeting. It had the to answer any of the questions. Please be reputation for creating business for the sure to number them accordingly. hospitals, dentists and the city morgue. But N.8.: All applicants must make surethatall enough about the food. There was a tough information iscomplete and accurate and if crowd that liked to intimidateanybody who requested, must bring copies ofthe approdidn't come riding into the parking lot on a priate documents to substantaitetheirclaim. 1400 cc Harley-Davidson. I arrived at the Failure to fill in any section ofthe applicaG&G to find a parking lot crammed with tion or intentionally false information will hogs and a lone Yugo which was sprawled automatically disqualify the application. on its roof in a far coiner ofthe lot. I prayed that it didn'tbelong to Cardin. Dead clients SBA NEWS continued from page 1 rarely make good on bills. I did a gut check and entered the gin joint and how w react to the current one will Committee appointments will be anhalf ready to fightand halfready to run. My certainly infk. :nce later decisions. nounced September 16, 1991. Interviews fears were well founded and I gave a second WHERE WE ARE NOW: will be September 11 and 12 .Asa reminder to the whole God thing: Cardin was thought Today and iomorrow, Tuesday and to those who applied please sign up for an inside the piano, with his head. playing Wednesday 9/3 ar < 9/4 SBA Class Director interview spot on the SBA door by Thursthree had him in death grips Actually goons Elections will be held from 9 am to 4 pm in day, September 5,1991 4 pm. as one of Chopin's Piano they played Mandatory Student Fee Waiver Forms are front of the library. Nine candidates are Concerto's on the wheezy uprightpiano that seeking election forth*, irst year seats, three available onthe SBA door. The announced the music provided in only the place. The second years and two first years. Six seats cutoff date to apply is September 13,1991. karioki burned out when the Black Death are open to each class so obviously write in Please put the filled out form in a sealed Motor and Folk Club passed Cycle Singer envelope and slide under the SBA door, candidates will be accepted. town on Pete their revival through Seeger SBA can truly be effective but only if we room 101 O'Brien. If you have any questour. visual show. Striking have a Board of Directors. As president I tions please see an Executive Board MemAfter a second beer and the second would like to urge all the student groups to ber, our names and box numbers are posted movement of the piano concerto I put a fiver consider that SBA votes on your budget in the mailroom and outside the SBA office in the on the piano and they dropped tip jar each year and that it is in your best interest in the glass case. Cardin like he was a bar of soap. I helped to have members of your group on the SBA. All third years are asked to consider who him him a tonic water and and handed up Students might consider that if you have they would like to be their commencement lime. specific gripes concerning aspects of this speaker. Names, how that person can be "Where am I?" he asked as herubbed his reached, whether you have a personal conschool SBA is one avenue to begin to adthick skull. providentially dress those gripes. Anyway, Good Luck to tact with the person and a short statement I told he was between movements and him the announced(and unannounced candidates) explaining why you believe that he/she that he to be subjected to a unless wanted all and I ask to vote and make your voice should be the commencement speaker should command he'd better performance heard. be turned into the SBA office by 4 pm accompany me out the door. WHERE WE WILL BE: September 13,1991. So we went. The First SBA Meeting of the year will be Finally, groups are encouraged to use the We took my slowly dying auto to the 1991 at 5:15 September held 5 pm in room bulletin board in the mail room to announce 109. All are invited but please be warned meetings, events etc.. SBA will be updating Calumet and I asked Lou The Bartender for that it will largely bean orientation meeting it every two week. Look also for an SBA a tall one. "There was a blonde in here not too long of the class directors. Business will be event September 19, 1991 to be organized conducted beginning September 12,1991 at by the Social Committee ofthe SBA. Good ago, Loafer. But you wouldn't have had a ."5:15 pm in room 109 and each Thursday luck to all candidates and to all students. I chance with her," he replied as he placed a hereafter at 5 :15 pm in room 109. See the and the SBA look forward to working with glass of ice water on the bar. I corrected him. glass case outside the SBA office for the and for you. "Oh, a tall drink. Right away, pal," he r leeting times, agenda and minutes. eased off the bar and got me an iced tea. Cardin was gulping at the water. I asked Cardin to give me the situation. Why did he need me? "There are some people who don't think I know what I'm doing. People who are putting pressure on me to commit myself," his voice trailed offand he slumped forward onto the bar. I had seen the same look so often in other people's faces. He was confused, scared and needed help. I knew what to do. "What do you mean do I have any cash?" he responded hody. That always wakes them up. It also tells 20 Park Mui. Soltt 931 1500 Bromd*•> tonon, MA 02Hi me if they have any money to pay me. It's a New York, NY. 10036 (212)719 0200(800)472-8*99 (617)695-9935 (800)866-7277 fact that can't be overlooked. I repeated my (201) 623 3363 (203)724-3910 FAX: (617)695-9386 FAX: (212)719-1421 question butLou motioned to me. A hot tip. "Your tab is four months overdue. Pay up or I got to beat up on you," Lou said with a frown. I knew he wouldn't want to hit me, GUIDELINES AND PROCEDURES 1) The mandatory student fee is payable by all enrolled students at SUNYAB Law School. It is the policy of the Student Bar Association to grant waivers to those students who can demonstrate that payment of the fee will create undue financial harship. Applications will be reviewed on an mdivv idual basis. There is no minimum or maximum number of waivers which will be granted. 2) The guidelines for granting a fee waiver are limited to extreme financial hardship. Applicants are urged to suess those unique financial problems which distinguish them from the problems experienced by the typical law student. 3) Applications will be reviewed by teh Finance Committee and the SBA Executive Board. Appeals from the SB A decision will be heard by two SBA representatives and Dr. James Gruber, Director of Student Affairs. In the event you are denied a waiver and wish to appeal, you will be given the appropriate procedural details. 4) Applicants are requested to complete the forms and which must be turned into the SBA office (101 O'Brian Hall) no later than October 4th. Please place yourapplication in a sealed envelope, as all applications will THE PASSWORD: 10 The Opinion but he had a job to do. There are some moments when reality comes in too fast and the mind shuts down, making everything move in slow motion. All the details get etched in your mind as though a mad engraver were forcing you to commitall that information to memory even though you wishyou hadn't lived through it in the first place. When Cardin shothimself in the head at the bar, I had one of those moments. What caused him to commmit himself to such a senseless cause? I can't even begin to understand. Lou called the police and I grabbeda few bucks from the now dead Cardin Maglie to pay off the very alive and large Lou the Bartender. In the swarm of activity that followed I was grilled like a burgerand serv ed up to the chief inspector who wnated to hear my side of the story. I told him I hadn't had enough time to make up my side ofthe story. Sitting in a hardback wooden chair can be goodon the posture but whenhotfloodlights are added it becomes a taxing propostion. However, my landlord still couldn't sweat any money out of me. What he was doingat the police station I'll never know. I was dropped off after a couple of hours, left to sort my own way through the miasma of pop psychology I was familiar with to find an explanation for what had transpired from the time I had first talked to Cardin and the time he had said goodbye in his poignant and eloquent manner. It didn't quiteadd up. He didn'tcareabout anybody but himself, he didn't do anything thatcouldn't befound on hisresume within threehours ofcompletion, and healways billed outat maximum rates. He sure had things in order in his life. In the end my pop psychology that I had gleaned from endless cocktail parties told me that Cardin Maglie was on a self destructive path that evinced itself in technicolor in a bar in downtown Buffalo. I think his family has already sold the movie rights, wouldn't Cardin be proud of them? I guess I'll have to bust my tail trying to figure out this whole thing, clear my name and pay the rent within the next six column inches. After three hours on the phone and a twenty-five dollar conversation with his ex-girlfriend I found that Cardin had gone to the Lion's Club and tried to get a organ donated. A call to the Lion's gave me the key. "Yeah, I remember Cardin," replied the husky voice on the phone. I asked what kind oforgan he had asked to donate. "He wasn't donating, he wanted to make a withdrawal. Pretty queer, noteven an organ. He wanted to have a backbone implant," the husky voice gave a couple of shortchuckles before I could hang up the phone. Looks like Cardin found some backbone in the wrong place at the wrong time. A last ditcheffort at asserting a tenuous existence. I tried not to thinkabout it as I filled out a drop-add slip. Morbid thoughts naturally seem to accompany the whole registration process, but combine them with ones about self-destruction and you have a veryunstable combination. After about an hour oftrying to keep my Thursdays and Fridays freee I decided I m ighthave to dosomething drastic and go belowfull-time status. My scholastic committment has never been pristine. Aphone call from a friend gave me a smile. She had bought as house in New England and was opening a bed and breakfast, never agin to study law. All night friends called and told me what they were doing,one even mentioned she was going to Disney world. I smiled with all of them. Maybe I'll head to Letchworth State park and watch the leaves change color. It's only five weeks of school and I can catch up easily enough. �The Docket The Docket What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: What: When: Where: Lowdown: What: When: Where: Lowdown: Asian American Law Student Association Potluck Dinner. Tuesday, September 3,1991, at 6:00 9:00 pm. Professor Engel's House, 220 Ruskin Road, Snyder NY. All are welcome! You must bring a dish to pass. If transportation is required, contact AALSA. - Organizational Meeting for Womens' Legal Magazine Tuesday, September 3,1991, at s:oopm. Ist Floor Lounge, O'Brian Hall Magazine will include legal analysis, commentary, art, poetty, and a movie review column. Please attend our general interest meeting. Association of Women Law Students (AWLS Wednesday, September4,l99l, at4:oo pm. 1st Floor Lounge Elections for 1991-92 Steering Committee. Refreshments. All Welcome! Graduate Gay and Lesbian Alliance Meeting Thursday, September 5,1991, at 7:00 pm. 207 Talbert Hall, O'Brian Hall. "Education and Poverty in Africa" Thursday, September 12,1991, at 7:00 pm. Room 17,Baldy Hall, Amherst Campus Dr. Lynn Hon hasrecently returned from a consultancy in Africa and has taught and doneresearch at the University ofZimbabwe. What: When: Where: Law Students For Corporate Accountability Meeting. Monday, September 16, at 5:00 pm. First Floor Lounge, O'Brian Hall. What: Distinguished Speaker Series at UB Presents Peter Amett. Wednesday, September 25,1991 at 8:00 pm. Alumni Arena, Amherst Campus. The CNN correspondent and Pulitzer Prize winner who spent ten days behind enemy lines during the Persian Gulf Waris coming to UB to relate his experiences. When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: "Can Teachers Change?: The Buffalo African-American Curriculum Infusion Project." Thursday, September 26,1991, at 7:00 pm. Room 17, Baldy Hall, Amherst Campus Dr. Mwalimu Shujaa has been involved in the development of the Project and has researched independent African-American education." Linda Yalem Memorial Run Sunday, September 29,1991 To Be Announced. For more details, check with 543 Capen Hall. "Developing Educational Leadership." Thursday, October 10,1991, at 7:00 pm. Room 17,Baldy Hall, Amherst Campus Speaker Dr. Stephen Jacobson has been working with a research group on this topic. UB Fall Fest 1991 Saturday, September 14,1991. Baird Point, Amherst Campus, (rain location - Alumni Arena.) This year's festivities will include great music, fireworks and a beer tent. The Student Association will be providing extended bus services for the event. Musicians rumored to be appearing include Big Audio Dynamite and Jimmy Cliff. Buffalo Law Review 1991-92 EDITOR-IN-CHIEF EXECUTIVE EDITOR ASSISTANT EDITORS Nancy L. Schulman Margaret Phillips Tara Flynn Michael Roach PUBLICATIONS EDITORS David Kritz, David Niles, Donna Menghini, Brian Sullivan The Loafer, in his better moments: still alive. Loafer Killed: Lived and Died by the Pen On September 1,1991 at4pm The Italian Loafer was found dead in his office in downtown Buffalo. A client stumbled into the emotions ofmany students, Michael Moore expressed his concern, "Was the fountain pen damaged?" Other students have defor with the sleuth and was meeting office a cided to drop a class in a symbolic gesture of greeted by the grisly scene of the private unity. "There's nothing on this schedule I detective slumped over his desk with a liked anyway," said Dave Guertsen as he Montblanc fountain pen wedged between wiped a manly tear from his eye. his ribs. "At least he died tastefully," reThe pen has been placed in evidence and marked his secretary, Sue Generis. has already been givena place on display at Various police forces have expressed little the Italian Loafer Memorial Library and or no interest in discovering what circumDiner. "Actually, it's just a facade of a stances surrounded the loss of the famed library. The benches and vending machines investigator's life. An ex-Buffalo Police recreate where he did most of his work. official, who spoke on condition of anoLord knows thatLoafer never went inside a nymity, stated that pressures from the law library in his life," explainedProfessorCarr, school and City Hall kept any efforts at curator at the Memorial Library which will investigation in limbo. be open one day a week. "The schedule Rumors have already surfaced that the symbolically represents the amount of Loafer, as he was known to his clients and classes that the Loafer actually attended per friends, was m urdered by a client upset over week in any given semester," explained the publication of his problems in certain Carr. local newpapers. Otherspoint to an overdue The Opinion is offering a reward for delibrary book dating back to the Loafer's tailed information leading to the arrest and undergraduate days at SUNY-Buffalo. The conviction ofthe person responsible for the Librarians at SUNY-Buffalo meet any at- death of the Italian Loafer. Both elements tempt to discuss the possible connection are necessary before payment of thereward with a harsh "SHHHH" followed by closing will be tendered. The term "detailed" shall the library early. be determined by a panel hopefully consistThe community has been deeply affected ing ofreputable individuals. by this uagic turn of events. Mirroring the MANAGING EDITOR Eric C. Nordby BUSINESS EDITOR SYSTEMS EDITOR Mark Paley Mary Leary ARTICLES EDITORS Robert Attardo, Brian Carso, Andrew Isenberg, Scott Rusert BOOK REVIEW EDITOR Daniel Weitzner HEAD NOTE & COMMENT EDITOR Charlie Sullivan NOTE & COMMENT EDITORS Johanna Bartlett, Diane Bruns, Norbert Higgins, Mark Hirschfield, Meaghan Hoang, Robert McCarthy, Judy Shanley SENIOR MEMBERS Jeanette Brian, John Chiapinelli, Alison Edwards, Michael Feliciano, Linda Hassbcrg, Deborah Kerker, Marc Kushncr, Carl Morgan, Brenda Moses, George Snyder, Mark Üba, Javier Vargas, Chris Zucco ASSOCIATE MEMBERS Miles Afsharnik, Stephanie Argentine, Scott Becker, Elizabeth Bciring, Darin Bifani, Marissa Briggs, JackCanzoneri, Mark Chauvin-Bc/.iniquc, Jennifer Dcmcrt, Paul Deßosa, Elizabeth Dobosiewicz, Christine Dombrowski, John Foudy, Russell Fox, Lloyd Gerbush, Christopher Goddu, Mark Goris, Michael Griffcn, Madeline Henley, Stephen Hinck, Frank Housh, Mark Jockin, Craig Kellehcr, Raymond Kolarscy, Maxinc Lee, Christopher Marks, Joseph Marris, Christine Megna, Michael Moore, Henry Nowak, Elizabeth Redmond, Ruth Ritchell, Thomas Salatte, Daniel Spitzer, Gary Storm, Collen VanGelder, Ann Williams. TheOoinion, 11 �I sjsyvz I •*• I I •>• 99 **yourulj BAR ■ ...II 4 M HKUD BAR/BRI Leaves Nothing Tb Chance. BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New Yor*. NY 10036 (212)715-0200 (800)472 8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Park Plaia, Suite 931. Boston, MA 02116 (617) 695 9955 (800)866-7277 FAX (617) 695 9386 12 The Opinion � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-09-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/3/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c981697e0fbc63a9d0e16afdb92c593e.pdf a328fe5553b669a1f15d6b41ec4ab71c PDF Text Text Volume 32, No. 3 O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 17, 1991 UB Presidential nominee has ties to law school by Andrea Sammarco, iManagingEditor The University at Buffalo Council announced on September 4 its decision to unanimously support the nomination of William R. Greiner as the University's 13th President, replacing former President Steven B. Sample. nomination is the result of a nation wide that he is still considsearch which began in January of 1991, ered a law professor at after Sample announced his resignation U.B. His areas of spein order to assume the presidency of the cialty include taxation and government fiUniversity ofSouthern California. Greiner's history with U.B. includes nance, real property, an extended period in which he has served real estate transactions, municipal law and muin various capacities as part of the facnicipal finance. BeGreiner became an ulty of UB Law. Law tween 1968 and 1974,he in at the School associate professor he was the was chairman of UB given 1967. Two years later, law he Law's Although Legal Studies professor. full status of From 1975Program. the law does not teach any classes in -1980, article states he served as Assoschool, a recent Reporter ciate Dean of the Law School, functioning as counselor and deputy to the Dean. He was also responsible for all matters involving student af- Greiner has occupied the position of interim president of U.B. sinceApril 1 The nomination has yet to be approved by SUNY Chancellor D. Bruce Johnstone and the Board of Trustees, whoare expected to consider the Council's recommendation on September2s. Greiner's fairs. Greinerreceived (continued on page 6) Interim President William Greiner Professor Leary recounts Geneva experiences A conference to commemorate the 20 year anniversary of the Attica uprising attracted participants from all over the country. (See article on page 8.) SBA Class Directors 1991-1992 FIRST YEAR 1. Sarah Swartzmeyer 2. Kevin P. Collins 3. Eileen Groark 4. Bridget Cull en 5. Stephen Lee 6. Kristin Graham SECOND YEAR 1. Hank Nowak 2. Erik Marks 3. Michael Radjavitch 4. Scot Fisher 5. Scott Rudnick 6. Aida Reyes THIRD YEAR 1. Darryl McPherson 2. Sabby Santarpia 3. Angela Gott 4. Norbert Higgins 5. Marc Hirshfield 6. Hans Tirpak BOX # 806 630 670 639 702 665 197 175 21 2 89 225 220 462 576 394 407 410 545 bySrikantRamiswami, News Editor Professor Virginia Leary is the codirectorofthe Graduate Group on Human Rights Law and Policy at U. B. Law School. Last year, Professor Leary was away in Geneva, Switzerland on sabbatical. On returning to U.B. Law School, I had an opportunity to meet with her and ask her about her stay in Geneva. What resulted was a very informative interview during which we discussed many issues. Q: What took you to Geneva? A: I came to U.B. Law School in 1976afterworking 10 years in Geneva. I found Geneva an extraordinary center for international life and I also have a lot of friends there. Every summer I have returned to follow meetings at the U.N. and to keep in touch with people at the international organizations. So it wasa logical place to spend my sabbatical because it gave me a chance to re-participate in many international law activities. The libraries are also very good and I personally like it there, too. Q: Whenyou had previously worked in Geneva for 10 years, didyou work for the U.N.? A: Yes, I worked with the International Labor Organization (ILO) and I also got my Doctorate at the Graduate Institute of International Studies which is affiliated with the University of Geneva. So that's what I did during the ten years! ested in the concept of economic and social rights. I'm continuing to work on the book on that subject. I did some writing on other international law subjects. I also attended and followed several meetings. I followed the Uruguay round ofthe GATT largely due to a U.B. student who was in Geneva studying the round during the fall semester. Then I worked on an international commercial arbitration which involved a tunnel under the Suez Canal a contract dispute. I am now doing some consulting with the United Nations Conference on Environmental Development (UNCED). This conference (also known as the Earth Summit), will be held in Brazil in June 1992. It is the. major international environmental meeting since the Stockholm meeting in 1972. I also organized an internship program for law students at international - (continued onpage 9) HIGHLIGHTS Your views on Clarence Thomas ...page 5 Student Group Updates --page 7 Q: What kind ofwork were you in- volved with in Geneva this past year. A: I was doing writing. I'm working on a book on the right to health. Human rights is my specialty and I'm very inter- Who the Hell is That? ...page 10 �111 " "" ' '" '■' ■ "'I i ■ ■mi. i i-n Mill II unii ii ■ i- ii. «—■■• inn nam i i ■ i n I ■MMK^MW ■ DTT7 "R DT7 rliiiriiiiA <^^^^^^^^t 'a^^^it^lm The Bar Course That Carefe^^^^^^l For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 2 The Opinion • Telephone: (516) 747-4311 �Interviewing made easy!! RAPPORT. Furthermore, try torelax and smile and project yourself with confidence and poise. But most importantly, be yourself. The ONCI is conducted in a short time. The interviewer sees a whole lot of people in one day and often takes notes after you leave. Don't feel bothered by it and try to create an opportunity to stress your credentials. Ask questions like:"Would you like a writing sample? Here's one from my moot court competition," or "here's a memo from ABC firm." Try to stay focused and try to be direct. Once you are called back, the in-firm inter- bySrikant Ramaswami, News Editor On Wednesday, September 4th, 1991, U.B. Law Students had anopportunity to hear Ms. JeannePowers from Jaeckle,Fleishmann & Mugel, talkabout tipsforinterviewing. Ms. Mugel has been on the firm' s hiring committee for ten years, and her experience in this field was evident. Although she represents a large firm, she startedheraddress by statingthather advice probably held true for smallerfirms as well. This is whatMs. Powers had to say: To begin with, the practice area administration talk about what they expect their needs to be for the coming views will give you the opportunity to meet with multiple people. If one interview doesn't go well, you haven't done irreperable harm. Also many firms have a rating sytem on interviews. The number "5" for an immediate offer is something no one gets. But one may get a "4" for serious consideration, a "3" for later consideration, or a "1" for "drop candidate immediately." When you are going through in-firm interviews, don't forget you are looking at the firm. Observe for yourself if the partners, associates, secretaries, etc., respect each other. Is the atmosphere friendly? hostile? di- year. Most large firms hire students a year in advance and so it is important to keep tab on procedures such as sending resumes to firms on time. After the executive committee sets a target for the number of hires, the firm accepts resumes and goes through them. A resume that exhibits qualified academic success, moot court experience, law review, clerkships, independent study that demonstrates skill or commitment will probably assure a student an on-campus interview. Of about 60 students who may be interviewed, about 15 to 20 students may be invited back for a formal set of interviews with more people from the respective firm. The in-house interviews usually take place some weeks after the oncampus interview (ONCI). After the prospective associate has been extensively interviewed and scrutinized, an interview report form is filled out by the firm. These interview reports are read along with transcripts, the writing sample, and reference reports. THEN...offers are extended on a rolling basis. There is no magic formula on how to interview. Interviewers have different personalities and are attracted to different things. Don't come across as a phony at the interview, and be prepared to talk about everything on your resume. It is important to read the firm brochure or other materials that the firm provides and to see how the law firm is organized. Thus, if you had previous work experience during the summer, be prepared to verse? Some of the questions you may encounter from interviewers are, "why are you interested in law? What's your goal 5 to 10 years from now? What was your most/least favorite class? What's the last book you read? What are you looking for in an employer? Is the firm growing? And by that token, who are employers looking for? Someone with intelligence and skill, maturity and motivation. Someone who is industrious and pleasant. Someone who will get along with clients. Ms. Powers also gave tips on how to select a writing sample. Make sure the sample is relatively short, but complex enough to show that you are capable of analysis and that you did research. If you are presenting an actual memorandum from summer employment, make sure that client confidentiality is not violated. Make sure the sample is grammatically correct and clearly written. After Jeanne Powers describe what you did. This shows that you are dedicated, that you can handle complex issues, and that you can talk intelligently about those issues. Also talk about your activities and explain to the interviewer what is important about the employment you are seeking. Ask questions at interviews. Why? Because it shows you are interested and serious about being hired. Look at the firm's brochure prior to the interview for it may help you to ask questions. Typical questions might be -"I notice your firm is interested in international law. How large is your practice? Mostly U.S./Canada?" Again by asking questions you will get information about the structure of the firm, their training programs, the stability ofthe firm, etc. Finally, questions keep the interview moving. At the interview it is important to make eye contact. Give well thought out answers to questions and give responses that generate further questions or provoke comment. ESTABLISH her presentation students asked questions and a handout from Reader's Digest on tips for inter- viewing was distributed. The lecture was an infor- mative and useful one where many students felt enlightened about the hiring process. The new research and writing program at UB: a first year perspective by Charles Greenberg Research and writing are important aspects of any lawyer's career. For this reason, the law school has established a two-semester course designed to teach first years the fundamentals ofconducting proper research and writing. This semester, the course will be taught by Professor Janet Lindgren, who appears to be very enthusiastic about the course. Professor Lindgren will teach three sections ofthe course, onefor each section of the first year class. The course will consist ofan introductory class, which was held for sections two and three last week and section one this week, and eight instructions classes. Four ofthe classes will dealwith writing, with the balance being on conducting research in the law library. The writing component for this semester will consist mainly ofanalyzing the written work of others rather than developing personal writing skills, a subject reserved for next semester. The research component of the class will stress finding cases, laws and statutes, as well as other secondary materials that are needed to construct legal arguments. Taken together, this first semester would offerthe firstyear areasonably comprehensive view ofhow research is conducted and how others have organized theirresearch into writing. The spring semester will continue this program , with advanced research technique being stressed. An exciting aspect ofthe spring course is that the firstyears will be broken up into considerably smaller groups for more personalized attention, which the students can takeadvantage of when itcomes to professional critiquing of their writing. However, even with this attention, one goalofthe writing course is to have the students "become (their) own best critics," as Professor Lindgren indicated during section three's introductory class last Thursday. Overall, the prospects ofthe research and writing class are promising, with the first years looking forward to learning about this exciting aspect ofthe law. T"hg Odl II lOfl WDIJ IH IIKG tO n6Er YOUf* VI6WS 21 DO Lit tllG State <)f the , „ . . rcScarCll 3.MQ W« Iting DfO™ \A/ill avok TX\ ■#■ aUIIILIcllllj cuffirionf I ��■■■ II O. Students foi" fhp ' re 3.1 WOf*ld? Wh<lt 3. re the ■ SltGrnStlVGS. ■ IfSt VG3T ± m • II btUUcllvS S'6 eSDeCIS-IIV ■ ■ " pnrniiraoorl K u +*\ %•%* *■#•& rvi LOIIl" SU t> ITI it VO U W ' tilOllgrltS tO BOX 443 Of* [yy ___ J I JL» TheOpinion. 3 �OPINION \ olume 32, No. 3 JM" September 17, 1991 Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Contributors: Kevin Collins, Charles Greenberg, Mona Ingram. EDITORIAL As the Senate prepares it final decision on whether or not to confirm the nomination of Judge Clarence Thomas to the United States Supreme Court, many interest groups across the country likewise prepare their own evaluations ofthe nominee's qualifications, each colored by the unique perspective ofthat particular group, and the ends which they seek to achieve. Attempts to flesh out Thomas' views on abortion, natural law, the right to privacy, and other constitutional concerns have been met with harsh criticism from thosewho claim that these are not the proper areas of concerns in selecting a Supreme Court Justice. While Thomas'judicial record may not have been focused on as intensively as it could have been by the Senate and other interested parties, no one will dispute that judges do not live their lives in a vacuum. It is undoubtedly true that Thomas' experiences and attitudes will influence his disposition when it comes to making decisions that will in turn affect the lives of each and every one of us as United States citizens. The extent to which he allows, consciously and subconsciously, his personal beliefs and moral values to affect his judicial determinations will depend on the individual circumstances ofthe case. But it is certainly not improper for those vested with the responsibility of making sure that the nominee is qualified, to attempt to gauge the depths of that influence. Perhaps a more pressing concern than the specific focus ofthese inquiries should be the absence ofany curiosity at all, especially on the part of law students. It should be the priority of every law professor and student at U.B. to take great interest in and utilize at every turn the opportunities for discussion whichare presented by this rare moment in history. Thomas' confirmation process should be the subject of at least one class in every subject being taught this semester. The unused monitor in the hallway of the first floor should be turned on and tuned in to the Senate confirmation hearings for as long as they take place. The law school community should not wait to study the law only after it has become part of the textbooks. « CCopyrgffl IMI. The Opwon. SBA. Any reproduction & materia* heren sircily prohbaed without the eirpraa*content ol the Ediors The Opiraon «, puDtshaa everytwo weeks during the tcadofTsc yuoar II it tin student ntwapepat el the Sue Unwwtfy or New York at Butlaß School ot Law, SUNY ABArnhersiCampus. Buffalo. New York 14260. The i ■■— eipitstsJin the)paper are not necessarily Uiom ot theEdkonaiBoard or Siafl d Tha Opinion. Tha Opinion It a non-profit oroanuauon. third-Oat* poalaga antarad ■ Buffalo. NY Eatonalpokey ol Tha Opinion ■ determined cotamvaty by lha Editorial Board. Tha Opinion lundad by tha SBA Irom Student Law Faat. • Loiters tonoer than three typed doutto spaced pagat will not beaccepted Please do notputanythngyouwithprinted under our otlice door. AH subrr—ttont should t» paced in lawschool ™ioo«e»»43orst26yirie deadline dale Deadlines lor the semester are posted in the mailroom and outtida The Ofmnion dthce. 724 OBnan TheOpnonwalcon— Not voting won't keep you off the jury! From the New York State Board of Elections There are a number ofdifferentreasons why so manyNew Yorkers do not register to vote. As a matter of fact, ifyou conducted a survey of unregistered New York State residents to find out why they are not registered to vote, you would probably end up with a very long list of reasons. However, there is one reason that wouldappear on your list many times that is caused by a common misconception: many people do notregister to vote because they do not want to be called for jury duty. As strange as this may sound, it is true, and anyone who works at a county board of elections or who has conducted a registration drive will confirm this. The misconception is that the county voter registration list is the only list used ihe by commissioner of jurors to find potential jurors. Some people subscribe to the theory that by not registering they can avoid jury duty, and that once they do register to vote, they are destined to be called for jury duty. This theory is wrong. The source list used by every commissioner ofjurors in counties across the state is compiled by combining a list of taxpayers provided by the Department ofTaxation and Finance with a list of licensed drivers provided by the Department of Motor Vehicles, and the voter registration list. These three lists are run against one another, the duplicate names are dropped, and a final sourcelist is prepared. So, while the voter registration list is used to find jurors, it is not the only list used. A county commissioner of jurors will tell you that the combinationof these three lists will cover almost all of the eligible jurors in a county. He or she will also tell you that not registering to vote does not in any way reduce your chances ofbeing called for jury duty. So, do not sacrifice your right to vote justto avoid juryduty because, ifyou do, you will gain nothing, the right to vote and participate in the democratic process is much to valuable to throw away on a theory that is not valid. K. Wells Stout, Chairman, New York State Board of Elections Evelyn J. Aquila, Commissioner Helena Moses Donohue, Commissioner The Opinion Letters to the Editor: EDITORIAL BOARD F.ditor-ln-Chief: 4 The Opinion Mailbox I would like to take a few moments to discuss some recent incidents that evidence the intolerance some members of our law school community have for political diversity. The first incident occurred at an SBA informational meeting for student organization's officers. During the role call when the Federalist Society's name was called, a woman named Erin said out loud, "Oh, the White Boys!" I looked over at her and she said, "I say it with a smile." I then said, "Can I say 'Femi-nazi' with a smile?" She replied, "I'm not a femi-nazi, but you definitelyare a 'White Boy." I was not calling her a femi-nazi. I was asking her whether she would tolerate someone doing to her what she had just done to me and the other Federalists in the room. Based onher reply, the answer was obviously no. The second incident occurred the following weekend. That Sunday I went to the Federalist Society office in room 725 ofthelaw school where I found a bumper-sticker stuck to our door whichread, "NATIONAL COMING OUT DAY. TAKE YOUR NEXT STEP." Apparently someone who does not agree with some of the politically conservative member's views took it upon him/herself to deface our door. This is totally unacceptable behavior for amember of our law school's community. Whoever did this should be embarrassed. Not only did s/he cheapen him/herselfby defacing our door, s/he showed that s/he doesn't know the facts. You see, not all of our members are opposed to gay rights, and, whether s/he likes it or not, the Federalists are going to remain open to and discuss all points of view on this and any other issue, including the points of view that are politically incorrect. Sincerely, HansTirpak, 3L SBA Director and Federalist Vice-Chairman Dear Ms. Sammarco: I enjoyed reading your "U.B. Law Primer" in the August 19 issue ofthe Opinion (Vol. 32, No. 1), and I'm sure your practical view oflife in O'Brian and its environs was muchappreciated by yourreaders. There are two details that raised concern in the library. First, the article reads, "Also remember that law reviews which are not returned within 24 hours will generate fines of $ 1.00per hour." Actually, lawreviews and all "overnight loan" materialsare due two hours after the library opens the next day. The time due is stamped on the date due slip in the back of the book. The loan period ismuch shorterthan the 24 hour period stated in the Opinion since overnight loans don't go out until 4 p.m. and are due the next morning. Since the students could be inconvenienced seriously by the statement the Opinion, I hope that you'll print a correction. in In the interests of accuracy, you should add also that our Documents Department on the 6th floor is a selective U.S. government documents depository and is the best place on campus for researching federal legislative history, not to mention researching materials from the United Nations and intergovernmental organizations. Thank you very much. Sincerely, Ellen M. Gibson Director of theLaw Library DON'T LET NOVEMBER sth TAKE YOU BY SURPRISE On November sth, dectknu will be held State for: • Mayors • County Executives County legislatures • • • New York aero* City Councils Town Boards Otter Local Offices Important itfty"*"— for registration and voting: • • • October 7 October 12 October 29 Last day to mail in a registration form. Last day to register in person. Last day to mail in absentee ballot application or letter of application. November 4 Last day to mail in absentee ballot or band deliver absentee ballot application. November 5 ELECTION DAY: 6 am 9 pm Also last day to band deliver absentee ballot. - REMEMBER: If you've moved or if you haven't voted in four years, you most re-register. � 5 o?2?'r A For Information Contact Your County Board o{ Elections or Call l-SOO-FOR-VOTE �■■■■■■j +**-*•.~rti >»r.***m ibpi i. 11 c--mv*«jwi. -■ ■ - ■ ■»■ ■ »»™—*»-a»--^M»a^t»*^»aa«a«**»»aw» student .-pinions opinions opinions opinionsf'opinions opinions opinio. A new era of senate confirmations? By now, Judge Clarence Thomas finds himself deep in the midst of vigorous questioning by the Senate Judiciary Committee. I do not care to add to the certain deluge of articles, essays, and opinions which will be printed concerning his politics, past, and personal views. Like many others, I am very interested in Thomas' politics and how his views might affect the Supreme Court, but I am much more concerned about the nature of the confirmation process and the consequences of its present manifestation. The rejection of Judge Robert Bork in 1987 is widely regarded as the watershed standard by which theSenate would take into consideration the substantive views of a nominee to the Supreme Court. But in fact, political criteria is not a newidea. Since itsinitial proposal, the constitutional text stating that the president "shall nominate, and byand withthe advice and consent of the Senate, shall appoint...judgesof the supreme court" was a hotly contested issue and the outcome of a last minute compromise during the Federal Convention of 1787. Just six years after the ratification of the Constitution, President Washington had the interim appointment of John Rutledgerejected for whatamounted to politicalconcerns. Except for John J.Parker's rejection in 1920for his inclination to favor big business, the years between 1894 and 1968 appeared to be a relatively relaxed period of Senate confirmation. It has only been since 1968 that there has been a resurgence of heightened Senate scrutiny of political issues causing nearly one out of three nominees to fail either by rejection or withdrawal in the face of imminent rejection. One can safely assume that this new era traces its genesis to the "activism" of the liberal Warren Court and the two conservative courts that followed as well as institutional friction between the opposing parties which control theWhite House and the Senate. Ithas been observed that every confirmationbegins where the previous one ended. Therefore, it is fruitful when thinking about the present confirmationhearings torecollect what occurred during the hearings on Justice David H. Souter last fall. The hearings existed on two levels. Facially, senators clashed over contemporary issues ranging anywhere from abortion to philosophies of constitutional interpretation. Such debate was not so much to determine if the nominee had a sensitivity to such issues butasan attempt to elucidateand legitimize whatcertain senators thought to be the proper position. Give an elected official free airtime and theresults are likely to be quite predictable. Underlying the discussion of these three issues was really a debate over the role of the president and the Senate in appointing Supreme Court Justices- -an attempt to resolve an issue unresolved in the summer of 1787. "Even though is an inherently environment, Washington the of meritocratic ments to is court fetched concept appoint- the not an political Supreme that far- idea." The Souter hearings were the epitome of the new era of Senate confirmationsof the nominee who must reasonably pass certain political ideology or "litmus tests" in order to be The History of Club 504 by Angela Gott Club 504 was founded by two students with special needs who graduated in Spring 1990. The Club's purpose is to function as a student interest group serving students who are interested in disability rights, issues, and concerns. One does not have to have disabilities to become involved, merelyan interest in this area of legal issues affecting the needs andrights ofthe disabled. Club 504 takes its name in honor of section 504 of the Rehabilitation Actof 1973 whichbecame effective in 1977, once the regulations were finally issued implementing the first "Civil Rights Act" for the Disabled. Witholding offederal funds to states and schools, and universities, cities,and counties, in short, any area eligible forfederal funding, is what gave teeth to this new law, so that the needs and rights and issues affecting the disabled would have to be taken seriously. Oneearly section 504 case involved a university student who desired to be- come a nurse. She could hear gross sounds like sirens and buzzers but could not distinguish syllables so that she could understand spoken speech. She could read lips and use sign language. The nursing school argued that she would be a danger to herself and to the patients and did not wantto admit her into their program. To do so would have required the university to provide a sign language interpreter for all ofher nursing classes and the university would have to pay for this expense. The student had already been working in the nursing field as a licensed vocational nurse, but wanted to get an RN degree. Those ofyou in the nursing field are probably aware that there are many employment situations open to graduate nurses with BSN and RN degrees which are administrative in nature and which do not necessarily require routine patient interaction. Also, patient call buttons use lights or visual systems to notify nurses that their assistance is required, and a hearing impaired person wouldhave confirmed. One of the key issues of debate during the Souter hearings and discussion on the Senate floor was who bears the "burden of proof" in the confirmation process? Judiciary Committee Chairman JosephBiden set the tone of the hearings in his opening statement when he informed Souter that the burden ofproof wason him just "as it is on us when we stand for election." Essentially tellingthe nominee that he was up for election was an intriguing way tobegin the confirmation hearings of someone who had already been nominated for the position. Itplacedan undue burden on the nominee, who was not actively seeking the seat but accepting the nomination. The election rhetoric of presumptions and burdens was designed simply to carve out more power to the Senate with the senators as electors. Many senators tried to elucidate the criteriathat a nominee must satisfy in order to be confirmed by the Senate. continued on page 10 no problem seeing such visual indicators. Perhaps this student would have worked as a school nurse, which requires the RN status and deals with students onan indi- procedures did nothing to give me "Dis,abled" status, so that I could utilize the vidual basis where her ability to read lips would have removed any communication difficulties. The political issue here was ATTITUDE. Colleges and universities which receive federal funding did not want to take on the costs involved to change their programs to accommodate the needs ofstudents with disabilities. Attitudinal barriers are many times worse than physical barriers to persons with disabilitiesand this is why Club 504 is so important and should continue at this law school. The students who took the time to begin this organization felt very strongly that sucha club was needed. Everyone, regardless of sex, age, color, race, etc., has the potential, sooner or later, to have special needs or disabilities. The recent passage ofthe Americans with Disabilities Act - ADA perpetuates the section 504 (Education) and 503 (Employment) legislative requirements. Usually in the Fall, a seminar course is offered which gives students the opportunity to explore issues involving persons with disabilities. This course was cancelled at the last minute prior to the start ofthe fall semester because the professor is teaching two first year sections. Usually in the spring, a course is offered that teaches students how to litigate handicap law cases but this course is always a last minute (dependent on last minute funds) kind ofsituation. So this year Club 504 is even more important as a means to enable law students to learn about this area of law. I have a very personal interest in Club 504 because I had to actually file a federal lawsuit against this law school and the university in 1978 as a last ditch effort to obtain accommodations for "my specific learning disabilities" handicap, after two years ofadministrative in-house - protections of the Section 504 Legislation. While it is difficult for a university or school to claim that a person in a wheelchair or using a cane or seeing eye dogis not "handicapped or disabled", there are persons with disabilities which are not visible or easily perceived or recognized and these students have had a very difficulttime gaining acceptance of (heir disabled status and accommodations for their "special needs". As a result of my situation and efforts to secure changes in attitudes and treatment of students with disabilities, thislaw schooland university is a kinder, more gentle and friendly place to be in. Changes in the law school came about in the fall of 1988 when the faculty voted to adopt new policies and the Special Needs Committee was created and organized to assist students with special needs. I returned to this law school in the fall of 1990and have been quite pleased with the progress,and the changes in attitudes and treatment which have been extended to me. I began my law degree program in the fall of 1976,and I will be graduating in 1992 -16 years to get a law degree has been quite a challenge, but I have learned much along the way and a lot of students across the country, particularly at law schools, have benefitted greatly by my efforts to bring about social change. I do hope that the students in this law school will be interested in keeping Club 504 going and I welcome students to call me at 832-3581 or drop a note in my box (#394) if they have any interests, questions, or concerns. Club 504 shares officespace with the SBA office. I hope that first or second year students will take over the organization of Club 504. Thank you. Angclatiott, 31. TheOpinion. 5 �Greiner (continuedfrom page I) Mcpherson! by Darryl McPherson Features Editor I don't hold much reverence for religion. It's not something I shout out to tell the world, but it's true. Discussions on the topic are usually provocative, so if you're easily offended, be warned. I don'tknow if I'm an atheist, but I'm sure I come pretty close. However, despite comments to the contrary, I don't worship the devil and I'm not a vampire. I wasn't raised with a particular religious background. The only times I've gone to church on Sundays were when the people who babysat me and mybrother took us, and when we visited relatives out of town (both times against our will). Beyond that, my only other major exposure to religion was my four year stint in a Catholic high school. That experience taught me a lot about morality; most significantly that I had more of it than many of those around me. Attending Canisius High School, a Catholic, all male, college prep school with a dress code, ran counter to everything I wanted to be. During my time there, I was an angry young man, and I didn'tdo much to hide myfeelings. However, despite my obvious hostility, I conducted myself in a civilized manner. I wasn't purposely cruel to my classmates, I didn't give my teachers a hard time, and I didn't lead what some could term an "immoral" lifestyle. But some of my Catholicclassmatesdid. And it went beyond the students. The administration lied to the students. Sure, that happens all the time, but is it proper in an institution that publicizes itself on the good values it can provide? I also witnessed a priest break one of the Ten Commandments. Ifthey can't live up to them, why should I? This isn't intended to be an indictment of the Catholic faith, but rather an example of the hypocrisy that frequently surrounds the religious community. Granted, boys will be boys, Catholic or otherwise, but then what's the point! If a Canisius student can be as amoral as any public high school student, there really isn'ta needfor the theological component. I think of myself as a relatively good person. I'm not a great person by no means. My capacity for kindness is guided primarily by a personal sense of whatit means to be good. By my definition, all it takes to be a good person is to respect otherpeople and to never intentionally harm anyone. True goodness requires selflessness and compassion on a grandscale- a level I'm nowhere near reaching. Still, I believe in honor and I try not to wrong anyone. I'm not into worship. If I owe anything to anyone, I can't see myself thanking an unseen force. Some people find comfort in the idea, and that's good. That I can't find the solace is probably my loss. I'll admit I haven't tried very hard to understand thesatisfaction religion can offer, but I know it's something I don't want to become involved in. It strikes me too much like mind control at times. It tells you what to think about certain issues, and how you're supposed So what does this have to do with the law! I'm 6 really a certain way, they want the law to reflect that belief. Then, in the case of America, we're left with a Judeo-Christian ethic underlying the tone of our laws. And the only thing standing in the way of its total control is the establishment clause of the First Amendment, effectively separating church and state. I, for one, am grateful for thatideal, but sure. The law is shaped The Opininn by what During his tenure as University Provost from 1984-1991, Greinerassumed responsibility for implementing many of the decisions made by President Sample, as well as taking the heat for some ofthe more unpopular ones. Despite his former affiliation with the law school, many students at U.B. Law and in other departments perceived Greiner as unresponsive or openly hostile to student demands during his tenure as Provost. From 1984 to 1986, U.B. Law was involved in the search for a new Dean, a search headed by the Provost's office. Although Greiner capitulated to student demands in 1984 by placing two law students onthe Dean Search Committee instead ofthe one originally proposed, TheOpinion reported in 1986that efforts to effectuate thatstudent input were frustrated by the Provost's office, when the SBA-chosen studentrepresentatives encountered lengthy procedural delays from Greiner's office upon submitting their candidates for Dean. More recently, frictionbetween students and the Provost's office arose when Greiner announced in 1989 thattheLaw School's prohibition against oncampus discrimination would be suspended. The move was criticized by students as having been calculated to fall immediately prior to the summer recess, thereby missing the notice of most of the student body. At the time, Greiner commented that the suspension was done in order to clarify whetherthe Law School had the authority to make such a prohibition. In a subsequent interview with law students to discuss the issue, Greinerrefused to allow the proceedings to be taped, exacerbating tensions between theProvost's office and the law school community. Dean Filvaroffpointed out during that meeting that motives for the suspension might have included the irritation expressed by some SUNY officials in Albany over the law school's anti-discrimination policy. Despite these and other reservations, Greiner is expected to be generally popular with the faculty ofU.B.s professional schools and the science departments, due to his generosity in allocating resources to those areas. His 24 year tenure with the University is considered useful, since he will need a working knowledge ofthe school in order to forge a better relationship with the state I'm forced to wonder if it's really just a sham. Jim Maisano told me during our first year that one couldn't be electedPresident of the United States without some kind of faith, and I believe it. The current President of this country advocates school prayer, and you can't be a Boy Scout without it. With the conservative tilt dominatingAmerican politics, a God-denying, non-Christian would be eaten alive. Does this mean (assuming I wanted the job) that I could never be elected U.S. President! Will I be forced to be "born again" just to attain a public office! Without a doubt, I am areligion basher. I don't think I'm in the same league as theACLU, but I know where they're coming from. In a country where family values are synonymous with church values, any particular church's influence on society must be checked. There may be nothing wrong with what the church espouses, butfor the minority that don't share that view, they need some protection. I've seen too manyanti-abortion protesters singing hymns and thrusting their interpretations of the Bible on others to dismiss the impact someone's religion can have on another person's lives. The greatest hurdle to homosexuality's general by Darryl McPherson, Features Editor September 3rd and 4th saw the latest Student Bar Association Ckass Director elections come and go. The 1991-1992 contest played out like those of previous years: the first year elections were truly competitive, while the second and especially third year elections displayed minimum involvement by their respective rack up 9 votes. Former director and cofounder of Students for Constitutional Concerns Jim Maisano got 5 votes. The sixth position produced a tie acceptance is a biblical interpretation thatthe classes. position. practice is immoral and sinful. Though I oppose school prayer, I have no problem with a group of students forming a club to discuss religion, with or without a The first year election turned out very tight. The new directors are Sarah Swartzmeyer, who gainedthe most votes with 56; Kevin P. Collins next at 53 votes; then Eileen Groark with 51. Kristin Graham had 50 votes, slightly better that Bridget Cullen with 49; and StephenLee rounded it out with 3 7 votes. Three candidates on the ballot and three write-in candidates split the second year election. As expected in such races, the candidates originally listed on the ballot did better than those that were entered as write-ins. Former first year director Hank Nowak led thepack with 45 votes, followed by another ex-director, Erik Marks, at 39 votes. The Opinion's Photography Editor, Michael Radjavitch came in with 38 votes. Leading the writein candidates was active National Lawyers' Guild member Scot Fisher, with 32 votes. Scott Rudnick had 25 votes, and former directorAida Reyes made it with 23 votes. The thirdyear election was the most surprising, despitethe fact that only one candidate appeared on the ballot. That sole candidate, Darryl McPherson, won easily with 47 votes The rest of the candidates were elected as write-in candidates. Recent transfer student Sabby Santarpia and former director Angela Gott were registered at the voting table and received 16 and 14 votes, respectively. Other candidates were elected as write-ins on the basis oftheir visibility in positions in various capacities around the law school. The Federalist Papers Editor-in-Chief Norbert Higgins managed to teacher's guidance. Religion in public schools should be treatedlike any other area of general interest. Kids have the right to explore any topic as a means ofsocial or intellectual growth, be it through chess club, varsity sports, or bible study. Butreligious symbols shouldn't be placed on public property, i.e., Nativity scenes during Christmas. The practice doesn't offend me, but I'm not comfortable with my tax dollars supporting it. The action, though seemingly harmless, does endorse a particular religion. As it would be too burdensome to represent every faith, it's best to display none. There's a generic Santa Claus if the desire to put out something is that strong. Recognizing that this country was founded on a desire to worship freely, I know my opinion is in the extreme minority. That's a big part of whatI like about America. Though unpopular, my perspective is protected. Thatis, unless I'm wrong,then meandmy to react. not society deems as good and right. Society, in turn, is formed by bodies of people with certain beliefs. When the majority of society believes his J.D. and L.L.M. from Yale University. In 1980, the fourth edition of The Nature and Functions of Law was published, of which he is the principle author. The book is used in courses at more than 50 universities and colleges. opinions can go to hell. government. SBA elections reflect apathy among students . between the surprised Federalist Society Vice Chairman Edward "Hans" Tirpak and SCC Co-founder and former director Marc Hirschfield , both with 3 votes. A run-off election would have been necessary, however, Jim Maisano declined the The firstSBA meeting on September 5 focused on introducing the new members to the procedures and workings of the SBA. Absent from the meeting were Sarah Swartzmeyer, Hank Nowak, and Scott Rudnick. However, Nowak and Rudnick were excused from the meeting due to prior commitments. The next deadline for submissions to The Opinion will be Monday, September 25th �Prison Task Force Orleans. Albion is a medium security by Mona Ingram JeffErtel described the Prison Task women's prison. The population is being Force Legal Research and Writing Course increased this year by 600. It will be the as the "best experience in the law school." largest women's prison in the state. The The Prison Task Force is a project ofthe Prison Task Force will go to Albion Tuesday nights. JanetZwick(Box#s6B)isthe National Lawyers' Guild and the AssoIt a coordinator this semester for Albion. ciation ofWomen Law Students. is Orleans isa medium security men's student-run program, organized to teach legal research and writing at Western prison. PTF will go to Orleans on ThursNew York prisons. There are three goals day nights. Rob Cheng (Box #41) is the ofthe program to help prisoners improve coordinator for Orleans. Classes begin at their research skillsand become jailhouse Orleans on September 26 and end on November 14. lawyers, to enable them to pass the DeGroveland is a medium security partment of Corrections (DOCS) exam, law women's prison. We will be going out to students about the and to educate Groveland on Saturdays and teaching two prison system. classes each Satruday. Jeff Ertel (Box The course lasts about eight weeks is the coordinator for Groveland. #360) and includes the following classes: InYou must sign up two days in adtroduction and How to Briefa Case, Statand vance order to be on the prison visiting in utes and McKinney's, Courts Court list so that can get into the prison. you Reporters, Encyclopedias and Digests, administration will not letyou Sheperd's, Legal Argumentation and The prison your Action, and into the name is not called prison if Causes of Article 78, Review Although each week before the class. in Exam. may two is students continuity important,law Each class is divided into seclecture a not be able to attend session. We every tions. There is a given by law to students fairly. you If student whichlasts 4 5 minutes. The rest will try rotate ofthe class is held in small group discusContinued onpage 8 sions which are led by the law students. The Prison Task Force Manual is onreserve in the library and has chapters which correspond to each class. This semester we will be teaching at three prisons Albion, Groveland and - - STUDENT The Graduate Group for Feminist Studies The Graduate Group for Feminist Studies is a faculty/student run group designed to facilitate discussion of feminist research across the disciplines. The Group is run by a steering committee consisting ofthree faculty members and three graduate students. The members come from a variety of departments and schools; currently, the steering committee members include Hester Eisenstein (American Studies), Lucinda Finley (Law School), Junko Kanamura (Education Organization, Administration and Policy), Candace Kanes (Women's Studies), Carolyn Korsmeyer (Philosophy), Joyce Kosinski (Women's Studies and English), Tracey Sedinger (English), and Reinhild Steingrover (ComparativeLit- The Erie County Bar Association/ Neighborhood Legal Services Homeless Task Force was created to meet the special needs ofthe Western New YorkHomeless and near homeless population. The immediate concerns of this population are a lack of food, clothing and shelter. Due to the urgency ofthese concerns, the process of seeking legal assistance to protect theirrights may not be a priority. Consequently, homeless people are often unaware of their legal rights. The purpose ofthe program is to go to the homeless and near homeless people and provide them with free legal assistance. By travelling to shelters and dining facilities, the Task Force is able to overcome many of the obstacles homeless people face when attempting to obtain legal assistance. The Homeless Task Force is staffed by volunteer attorneys and University at Buffalo law students, with support services provided by Neighborhood Legal Services, Inc. Five times a week, shelters and dining facilities in the Western New York area are visited. The visits last approximately two hours. During GROUP UPDATE In the Public Interest In the Public Interest, a review of law and society, is published bi-annually by the Center for Public Interest Law at the School ofLaw at the State University of New York at Buffalo. The Journal is committed to printing scholarly articles, commentary, and reviews which examine legal and social issues in their political and historical contexts. In the Public erature). Interest welcomes work from all perSince its inception in 1985, the spectives, as well as poetry, photography, Graduate Group has sponsored numerous and original artwork. In the Public Interseminars, conferences and other activiest is indexed in the Alternative Press ties. Each semester, the Graduate Group Index, and articles are carried by Westlaw sponsors several work-in-progress semiOn-Line information services. nars, in which members of the University There is no length limitation on Community whoseresearch is informed papers. Although articles are accepted by feminist thought, present their work to throughout the year, the submission deadthe Group's members and the general publine for full-length articles for the Winter lic. The Group also organizes a biennial edition was September 13, 1991. Howconference on new feminist scholarship, ever, thePublic In Interest also encourContinued on page 8 Homeless Task Force Continued onpage 8 Criminal Law Society The Criminal Law Society is an organization dedicated to exposing its members to every aspect of the criminal justice system. The Society is currently involved with the President of the New York State Association of Criminal Defense Lawyers, and U.B. Law Professor Mark J. Mahoney. Weare formulating a national brief bank to be used by criminal defense lawyersthroughout the country. Also, the possibility ofa National Association of Criminal Defense Lawyers Review is being discussed. This would be a great resume builder, a great opportunity to read some outstanding briefs, and an opportunity to work on a national publication. If you missed the organizational meeting on September 12,contact John J. Jablonski, Box # 141,or Miro Cizin, at Box #334. All are welcome. this time, potential clients are interviewed. The interview consists of standard questions concerning the individual's particular problem. Not only is an effort made to identify the issues concerning the specific problem, but the Task Force representatives attempt to identify other problems the person may have been unaware he/she had, like eligibility for public assistance, or an illegal eviction. The Task Force then attempts to solve the person's legal problem. The volunteer attorney may agree to take the case free of charge; a referral may be made to an appropriate WNY agency better suited to solve the problem; or Neighborhood Legal Services may take the case, free of charge. This is an excellent way to get great hands-on experience while making a difference in the lives of the people you will be assisting. There will be a training for volunteers at Neighborhood Legal Services on Friday,September2o,at2:oop.m. Ifyou are interested in becoming an HTF volunteer, please contact John J. Jablonski at Box # 141, by Wednesday, September 18. International Law Society by Michael Radjavitch, Photography Editor Lately, a number of rumors regarding the InternationalLaw Society (ILS) and its funding have been circulating throughout O'Brian Hall. Among these is the rumor that a Ford Foundation grant has been withdrawn from the upcoming InternationalLaw Conference. This grant, consisting of several thousand dollars, was to assist in covering the costs for the Public International Law segment of the conference, as well as defraying some of the general expenses incurred for organizing such a conference. According to ILS Co-President Joi Cary, thisrumor is unfounded. Although logistical problems may have caused the conference to be postponed until the spring semester, the ILS Conference Board still anticipates the grant to be approved. However, thisapproval is contingent upon definite commitments for the spring conference, which, given the recent postponement, have not yet been forthcoming. Joi Cary and othermembers ofthe Board, withthe advice ofProfessor VirginiaLeary, are actively pursuing this matter and expect a positive return. With regard to furtherfunding, the Board iscurrently seeking additional support from law firms and businesses in the Buffalo area, as well as major international firms around the country and in Canada. Of course, they have also held weekly bagel sales, as well as the first in aseriesof fundraising parties. This first party, held at The Library on Bailey Avenue, offered unlimited beer and wings over a two hour period for a five dollar donation. A large number oflaw students took advantage of thisopportunily to start the holiday weekend on the right foot, and future events promise to be even belter attended. )inion. 7 �Attica Conference Recalls Events of 1971 by Mono Ingram A conference to commemorate the 20 year anniversary of the Attica uprising look place on September 12 and 13 on the UB campus. Sponsored by the (iraduate Group on Justiceand Democracy, the conference included a panel entitled. "Attica Uprising Litigation Past and Present." On September I 3, 1971, the New York State Police were ordered by Governor Rockefeller to retake Attica. The prisoners ofAttica had taken over D-Block to protest the inhumane conditions under which they were being held. Prisoners' demands included better food, religious freedom, and relief from overcrowding. Hostages were taken by the prisoners, and protected by them up until the time that the state police invaded and killed 43 people. Ten hostages died ofbullet wounds. Although official reports fcJ v;..,V:' - - stated that the hostages had their throats slit by prisoners, all the hostages were found to have been killed by correctional guards and state police none had been injured by the prisoners, who had no guns. Once the prison was retaken, prisoners were forced torun the gauntlet a - hallway lined with broken glass while they were beaten by the guards. Big Black, a leader ofthe uprising, was one ofthose who was tortured, being forced to hold a football under his neck while he was beaten at his testicles. Michael Deutsch ofthePeople's Law Office in Chicago discussed his participation as a lawyer defending the Attica brothers against indictments, as well as his involvement in the civil case. Michael, along with Elizabeth Fink of New York City and Joe Heath of Syracuse are the plaintiffs lawyers in this case. Joe Heath started working on Attica as a first year law student in 1971. The National Lawyers' Guild has formed an Attica Litigation Support Committee. The committee will coordinate students to support the civil suit, being brought under 42 U.S.C. 1983. Volunteers will be needed to stafftheir downtown office, conduct legal research, serve subpoenas, conduct investigations and interview prisoners. Anyone interested in volunteering should attend a general meeting on September 25th at 5 p.m. in the first floor lounge, or contact Scot Fisher, Box # 88. ' ■ I ttllilH '•; St - - -': Hliliilli K^tSsS^-zl : jfl Hfc Who the hell is that ???? Yessirree, The Opinion would like to announce its first ever "Who the hell is that???" contest! We found Up photo in our files, and agreed that it was just too gosh darn funny to keep to ourselves. Take a minute out of your busy schedules, folks, and drop us a line in box #512 if you think youVe figured it out. The lucky winner will receive either a trip for two to Aruba, a really humongous cash prize, or gust maybe) FREEADMISSION,FOODAND FUN ATTHE UPCOMING OPINION RECRUITMENT PARTY!!!! GraduateGroup for FeministStudies (continued from 7) thereby allowing members ofthe University and Buffalo communities to hear the work ofrecent Ph.D.s. The Graduate Group has also organized lectures, film screenings and performances. In the past two years, speakers and artists such as Amber Hollibaugh, Charlotte Rutherford, Ruth Rosen, and Faith Ringgold have visitedU.B. through the Group's sponsorship. This year, the Graduate Group intends to publish a directory of feminist scholars, which would facilitate interaction among individuals pursuing feminist work throughout the University. We also need to update our mailing list. If you are interested in being included in and/or receiving the feminist scholars' directory, participating in the Graduate Group's activities, or presenting a work-inprogress seminar, please contact Tracey Sedinger in 302 Clemens Hall, Amherst Campus. (Entries must be received by September 30. Void where prohibited by taw. Opinion staff members, relatives, me person whose picture this is, and people who rifled through the office to find out the answer are ineligible to receive prize.) TRIP FOR TWO TO NYC FOR MARATHON! This event is in honor ofLinda Yalcm, a UB student assaulted and killed while running last year. We want to remember the tragic and senseless loss of her life and to recall her life and her ambition to run. Linda was training for the New York City Marathon at the time of her death. We hope that the University and Western New York running community will again jointogether to remind one another that we cannotbe held captive to our fears; they must be confronted and safety and not allow our controlled. We must take steps to ensure our lives to be controlled by fear. We want to develop an attitude and awareness in our community that we have a right to enjoy life and a responsibility to ensure our safety and the safety of others. Join with us as we race, run, jog, or even walk to appreciate Linda's special goal to run the NYC Marathon, and the commitment and pleasure she derived from it. We encourage everyone to participate in this special event. Proceeds from the run will again be donated to rape established by the prevention programming and a scholarship fund Yalem family. Over 1,000 runners registered last year. Join us this w~ *-— / lhlf\A MA I CkA LlrH/ri rnLCIVI . Urii/lOM Ollki DntlftUK'riLI t\Un «M> eft Vr 6 \jyMfi~t* t em f> fji *,'■ VrkAi*. —#\I *3Tj ~"l -2BBr~*\ \"J *T*» ! •■iSii' ' 5). C-V »'■ I •» *y J \} I **,* I J * . v v/ \ *' k . ~-~ year! DATE: Sunday, September 29,1991 (Rain or Shine!) START TIME: IfcOO a-m. DISTANCE: 5 Kilometers (3.1 miles) T.A.C. Certified Course NY9OO27AM. Start and Finish near UB Alumni Arena. Splits will be called at each mile mark. Water station on course. In advance, application postmarked by September 23,1991. REGISTRATION: ITPI{(continuedfrom 7) ages the submission of shorter length esname, social security number, address say, commentary and review articles in and phone number. For more information, addition to its publication of scholarly contact the Center for Public Interest works. The deadline for essay length Law in 118 O'Brian Hall, or call 636work has been extended to October 21, -2161. 1991. All articles should be doublespaced and submitted in triplicate. So that all submissions may be considered anonymously, submit articles with only Prison Task Force continued from 7) the social security number indicated on are planning on going to theprisons more top. In a separate envelope, include your than twice, you must go through an orientation and obtaina prison I.D. Watch the PTF bulletin board in the law student mailroom for more information on the In person, Friday, September 27, 4:00 p.m. to 8:30 p.m. or race day (September 29) from 8:30 a.m. to 9:30 a.m. onjy. Both days at University at Buffalo, Alumni Arena, (Amherst Campus). ENTRY FEES: AWARDS: Make Checks Payable to: Linda Yalem Memorial Run $12.00 (by mail or Friday 9/27 in person) Advance Registration: Race Day Registration: $14.00 T-shirt designed by Custom Tee for all participants U.S. Funds Only! • • • •• • The Opinion 8 Overall Male and Female Finishers Open Division Top Three Male and Female Finishers in five year age categories: (14 and under, 15-19, 20-24,25-29,30-34,35-39,40-44,45-49,50-54,55-59 60-64,65-69,70 and over, wheelchair) Top Three UB Student Male and Female Finishers Top Three UB Faculty/Staff Male and Female Finishers Top Three UB Student Fraternity and Sorority Finishers No duplicate awards PTF. n Ml . in ONLY I PSN/81 RACE USE be I i to UB 1 1 11NAME FIRST i 11 1 mSTAE I I I 11 I I 11 11 11 11 11 11NAME .AST i I 1 I 1 I I 1 I 1 I I IF UB FACULTY/ STAF TELPHON I IUMBER 1 all fIOWN/CTY fit State orphysicaly any or permit ng Stale verify York, Run. Date New adminstro, repsntaive, entryand my AGE iEX of I said State theiratendi g ac epting excutors,against spon rs, Arena, 23, Alumni Septmber Run 274 by Memorial Bufalo, postmarked Yalem in ofut re ther competing myselft,he and froorm for hereby ornow sufer d RELAS considerat Asociatn at Linda University (Must the or or in In (Parent/gudia I to for 1 S if of yourhemyirs,have I I all STUDENT SELCT atendreandl ase Universty,me brsthaatm me waive agents, 1 STRET 11 fiNf 18 at I and 11 I UB UB 11 I I SOR ITY Z/PIPR/OOSTVC.DE FRATENIY APLICBE 11 bound mayStudent injuriestforrhaceis. Dale legalydam ges years) forBuf alo, and/or suficently cintend laims York los es under and New trained 14260 rther in,ights andanyhave signature NY for and Bufalo, 1991) U n i v e r s i t y and particpate as igns TO: ESignature NTRIES MAIL be �Leary Interview (continued from one) organizations in Geneva. We had 6 U.B. students in Geneva in the program last summer. Q: Did your previous affiliations in Geneva help you in any way with the projects you wererecently involved with? A: Yes, especially knowing many people in international law activities there. In fact, the commercial arbitration opportunity came through a man I had worked with before. He isnow the Chief Arbitrator in this dispute. Also, the consulting that I am doing for the environ- became more pro-American than before. There was quite a strong feeling of support for Bush in France. The anti-American feeling prevalent during the Vietnam War was not present in the Gulf War. People were relieved in general that the U.S. had taken the lead. However, there was much more attention paid in Geneva and in France to the suffering ofthe Iraqi people and theKurds than I sensed in the American media perhaps because the International Committee of the Red Cross and the U.N. Refugee Agency are in Geneva. Q: Your thoughts about the economic integration of \ Europe? A: To some extent it will be a hard task to incorporate the Eastern European Countries and even Western European coun- - ment came through someone that I had worked with before. Q:Could you explain the environmentalproject that you were working on? A: In preparation for the conference in Brazil the U.N. is looking at treaties that have already been adopted on the environment to see how their enforcement and monitoring mechanisms may be improved and how future environmental treaties should be drafted to be more effective. They also want to find out if developing countries have ratified these treaties, and if not, why not? I wasasked to examine 7 ILO conventions on the working environment. The officials at UNCED believe that the enforcementand monitoring provisions of ILO conventions may serve a model of what ought to be done in the environmental field. Q: Do you seeyourself going back to continue work on the arbitration project or something similar in the near future? A: For the moment, no. Thearbitration continues, so it was necessary for them to replace me. But I will return to Geneva next summer and I will continue to be involved in international activities there every summer. Q:What were the backgrounds of the people you worked with in Geneva? A: There were three arbitrators working on the Suez Canal arbitration. I was the Assistant to the Arbitration Tribunal like the clerk ofthe court. The - VirginiaLeary's back in action at UBLa w. President is Greek. He had served with the ILO and is now a judge at the European Court ofHuman Rights. He is also Secretary General of the International Law Institute, which is a very prestigious body. He has a long career and is a very important official, but he's retired now. Another arbitrator is a French lawyer, whose practice is similar to that ofmajor U.S. international firms. The third arbitrator isthe Egyptian ambassador to the U.N. The lawyers were English, Egyptian, Swiss, and American. Q:What was the mood in Geneva during the GulfCrisis? A: At one point Aziz and Baker met there, so there was the sense ofactivity in Geneva. There was perhaps less attention paid to the Gulf War in Switzerland than in America, but there were a number ofdemonstrations against the war prior to the outbreak ofhostilities. The French - — r- tries that now wantito be admitted into the European Economic Community (EEC). The young in Europe are now beginning to feel European. In the cultural context their psyche has become European except in Great Britain. They have already abolished border controls between France, Germany, and the Benelux countries. People in the Benelux countries are already speaking four languages. But if is the interesting thing that Switzerland is now in a difficult situation. Historically, they've always prided themselves in being independent and neutral and now they are in a dilemma as to whether they should stay neutral and be isolated in Europe, or join the common market and lose neutrality. Q: If an American lawyer wantsto practice in Europe, how would he or she go about it? A: You may be a consultant to foreign firms on American law or work for one ofthe many U.S. law firms in Europe now Most ofthese lawyers advise American firms abroad or advise foreign firms trading with the U.S. They would normally not practice local law. But American lawyers may work for international organizations such as the U.N. or the ILO or nongovernmental international organizations. Q: For any student who is interested in doing what you are doing today, what kind ofadvice would you give them? A: Learn languages and obtain an advanced degree in international law. Europeans, I have found, are much better trained in international law than we are because international law is very important in Europe. International law is a compulsory course for anyone studying law in Europe and it is considered a foregone conclusion that law students will study it. For an American it wouldbe important to getan advanced degree in international law as well as learn to be fluent in a major language, such as French, Spanish or German. ~ ~v. ~, ; ~v Once again,the University UnionActivities Board (UUAB) brings us a semester filled with action, suspense, comedy, drama, romance and culture. The vehicles for this are the season film series offered this semester. The schedule for the next two weeks is as follows: <: |teoiil||firi. fIHT ■a 9/20&9/2 I 5:30 & 9:00 p.m. 11 9/20 & 9/211 | ,9/24,,- :i|||m. 7:30p.m. 9/27 & 9/28 6:30 & 9:00 p.m. 9/27 & 9/28 11:30p.m. LaTerraTrema(l94B) (Sicilian with English subtitles) The Godfather Part 111 (1990) The Front (1976) (Latenight) 1U I, |f|ifp|| |p.ri ~^^l^ll9|Tl!< Ji LaFemmeNikita(l99o) (French with English Subtitles) What's Lily (1966) (Latenight) ThreebyScorcese(l96B,74,76) ■'"■! ''"'iil|l||llllj||li! :i'llllll ; 1 All films will be shown in the Wold man Theater (Norton Hall on the Amherst Campus), except those designated as late night films. These late night films will be shown in Fillmore 170 in the Ellicott Complex of the Amherst Campus. Admission 9/30 '' ' 7:30 p.m. iii ' illl TheOpinion, 9 �From the desk of the President by Brian Madrazo, SBA President A full Board of Class Directors has been elected by the students in their respective classes. I would like to take this opportunity to welcome the class directors to the Board. I know that each ofthem will be committed to representing the interests of their respective classes and of the student body in general. I would like to remind everyone that the SBA Board ofDirectors Meetings are open to every student. They are currently held every Thursday at 5:15 p.m. in 109 O'Brian Hall. The location and timemay change in the future so check the glass case in front of the SBA office in 101 O'Brian periodically to find out the meeting times. The minutes of the previous Each class director is required to week's meeting and the agenda for the sit office hours. The hours are posted upcoming meeting will also be posted in the glass case and on the SBA bulletin according to class outside the SBA office. Let us know if you are finding the board in the mail room. If you wish to get office closed when someone is scheduled on the agenda of an SBA meeting, put a to be there. SBA Treasurer Daryl Parker's note in SBA Secretary David Chien's office hours are Thursdays from 3 to 5 mailbox by 4 p.m. the Tuesday before the p.m. and by appointment. SBA President Thursday meeting. Include your name, Brian Madrazo's office hours are Monthe business to be discussed and a phone days from 9to 11 a.m., Wednesdays from number where you can be reached. A briefrundown on what the SBA 3to 4 p.m. and Thursdays from 2 to 3 p.m., and by appointment. Please feel free to has been doing finds that the SBA offistop by and let us know what's on your cially recognized two new student groups on Thursday, September 12,1991 during mind. possible, but in order to fill the rest a suggestion has been made that students volunteerto work in the lab. Each volunteer would be expected to work approximately eight hoursper week. They would be trained and would have access to free laser printing and, while on duty in the lab, access to their own computer. SBA will be circulating a letter describing this in more detail and would appreciate regularly scheduled meeting. The party tentatively scheduled for your suggestions and comments. If you are interested in volunteering leave your the 19thhas been postponed due to booking problems. A date will be discussed name with the SBA. Finally, the SBA's Appointments during the meeting on the 19th. If scheduled, SBA will post the time and day on Committee interviewed approximately 50 applicants in order to make appointSeptember 20. The computer lab is nearly ready. ments to the faculty-student committees However, how it will be staffed is still up and student committees. The SBA will vote to confirm the Appointment Comin the air. At this point the lab is scheduled to be open 9 a.m. to 9 p.m. Monday mittee selections on September 19 and a through Friday, 12 to 5 p.m. on Saturdays full list will be published in thenext issue and 12 to 10 p.m. Sundays. Work study ofthe Opinion. That is all for now. Any students will fill as much of that time as suggestions or ideas you may have would be welcome. our second Board meeting. SBA would like to welcome the Sports and Entertainment Law Society, as well as Circles, a women's law journal, as new student groups and encourages students who have an interest in these groups to attend their meetings and get involved. SBA will be voting on the budget requests ofthese two groups September 19, 1991 during our Senate Confirmation Hearings (cont. from page 5) It should come as no surprise that there wasa marked dichotomy of opinion on this issue falling more or less along partisan lines. Whereas conservative members of the Judiciary Committee called for an objective appraisal of the nominee's qualifications, liberals called for an ambiguous two-tier test. Chairman Biden as well as Senators Kennedy am' Leahy pointed out in their additional views ofthe Senate Judiciary Committee's Executive Report on the nomination that there were twodistinct tests that every nominee must pass before confirmation. The first inquiry hreshold" or addressed the "prerequisite" issues such as competency, integrity, honesty, and temperament. The second inquiry questioned whether the nominee was committed to the "fundamental" or "core" rights and values central to our traditions and history ofconstitutional democracy. The ambiguity of these upper level criteria leaves much to question: What rights? Whose traditions? Fundamental at whatpoint in history? Who determinesthe minimum level for acceptance? Evidently, confirmation criteria has vacillated over time depending upon whowas being nominated and by whom. Kennedy, who clamored so loudly during the Souter hearings for indications thatthe nominee would vote to uphold values that he subjectively considered important, was squarely against such criteria in the debate over the nomination ofThurgood Marshalla nominee closer to his own ideology. Biden has also called for limiting questioning to first tier criteria during the confirmation of candidates he personally favored such as Federal nominations by President Carter and Justice Sandra Day O'Connor. Republican membersofthe Senate have also guiltyof changing their approach to questioning judicial nominees in order to suit partisan goals. During the confirmation hearings of Justices Marshall and Abe Fortas, while the majority of Democrats called for first tier qualification testing, many Republicans including Senator Strom Thurmond, were more than willing to grill candidates they opposed on second tier ideological grounds. Apparently, the roles have stayed the same, bu the actors playing - 10 The Opinion the parts have changed depending upon which party has nominated the particular candidate. Whether a senator has subscribed to the theory that a nominee should fulfill onlythe first tier judicial competency qualification, or additionally pass the second tier ideology test depends on which one of the two scripts the Senator happens to be holding. The frequent reversals on positions donothing but undermine the basis for making the claim for second tier ideological testing. Evidently, the level of questioning criteria that a senator considers appropriate is simply a matter of political convenience. I too think that abortion and privacy rights are some of the most compelling issues before the modern Supreme Court. But if the only nominees who are confirmed by the Senate are those who make assurances to uphold the position thatamajority of the senators happen to hold, what would happen to those very samerights when a majority of the same Senate are decidely set on rejecting any nominee who supports such rights? It works both ways. Issue-specific confirmations represent nothing butpolitical windmills which can change at the whim of the majority and will contribute to the erosion of the age old concept that the Court (if only theoretically) existsas a "counter majoritarian brake" to protect even unpopular rights which are supported by the Constitution. The electionrhetoric espoused by certain senators certainly does not help to distance the Court from the political vicissitudes of society. Searching for assurances on political issues before the Court which reasonable people can and do disagree with only contributes to undermining the credibility of the Court as an institution of unbiased justice. In seeking ideological assurances, the senators are asking for the answers that they do not want to hear. I do not think thatanyone wants individuals sitting on the Court who have determined the issues before they have heard the relevant factsof a particular case. One must also consider theopposite extreme: a nominee could make all the correct answers to assauge the fears of the Senate and be successfully confirmed and then once on the Court make decisions that are quite different from his or her intitial assurances. Admittedly, I am unsure of whatthe prescription for change should be in lightofall the politicalrealities that make up the confirmation process and the Courtitself. It could be productive to see moreadvice - - theallbut forgotten part of "advice and consent." If half the effortinvested by senators and lobby groups searching for information to smear nominees was implemented to searchand make cases for qualified and mutually acceptable candidates, chances are that the whole process could function much more smoothly. Even though Washington is an inherently political environment, the conceptof meritocraticappointments to the Supreme Courtis notthatfar- fetched an idea. I would much rather see a qualified individual like Ford's successful nominee Justice John Paul Stevenson the bench than Nixon's failed nominations of ClementF. Hayns worth or G. Harold Carswell. It seems to me that there is presently far too much concern with implementing principles than with placing principled people on the Supreme Court. A new standard must be above the trenches and firinglines ofordinary partisan politics. When evaluating a nominee the Senate must find and maintain neutral criteria that both conservatives and liberals can agree upon: Does the nominee possess the aptitude, experience, temperment and competence befitting a justice of the Supreme Court; and has the nominee not violated ethical standards on the bench? In such a schema, the Senate can best fulfillitsconstitutionalrole as a check against the president making an incautious choice. This is not to say that the Senateshould merely "rubber stamp" any nominee that a president cares to propose. Senate scrutiny of nominees needs to be acute but it must be implemented in an even-handed fashion. As aSupreme Court justiceis endowed with a life term, it would be ridiculous to confirm only those individuals whose views are deemed "politically correct" at one distinct moment in time because their tenure willfar outlastthe tumultuous issues of the day. Regardless ofwhat one thought of the personal opinions of a nominee like Bork, one must concede that he was a very learned and experienced candidate who had given nearly a lifetime ofthought and consideration to constitutional issues. If Bork was rejected because he felt that his rigid adherence to certain beliefs were so strong that it would bias or impair his judgmenton the Court, then the Senate was certainly justified. But if he was rejected simply because he held political views, then therejection ought to be suspect and there must be some serious questioning of the process. The rejection is also suspect considering the overwhelming majority of the Senate that voted to confirm Justice Anthony M. Kennedy, a nominee whose conservative views are similar to Bork's. Some theorize that Kennedy was confirmed because his views were less clear at the time than those held by Bork: others claim that the Senate was simply drainedfrom alongand arduous political battleand Kennedy seemed to win by defaultas the best that could be expected from the conservative Reagan administration. Another theory, not often addressed, is that Kennedy's midNovember nomination and later confirmation occurred after the 1987 congressional and state elections. Party platforms were buttressed through a plethora offree media publicity and afterward it was time to go on with business as usual. The legacy of the Bork rejection isthat certain senators and lobby groups got a taste of what their power could achieve; by flexing some politicalmuscle and alittle constitutional creativity, certain factions discovered that they could make advances on the Court which they were unable to achieve at the polls. President Bush may have won the battle in getting Souter confirmed, but it seems that the circumscription of his choice may indicate that the Senate won the war. Although it has yet to be proven that such recent developments will intrinsically weaken or undermine the Court, I do not think thatanyone would argue that the potential danger of "stealth candidates" is great. David Koehler �The Docket TheDocket What: Where: When: Lowdown: What: Where: When: Lowdown: What: Where: When: What: Where: When: Lowdown: What: Where: When: Lowdown: Students for Constitutional Concerns Meeting. First Floor Lounge, O'Brian Hall Thursday, September 19, at 2:00 p.m. Topic: What is the Government's Role in Ensuring The Concept of Equality? NeighborhoodLegal Services Volunteer Training. Neighborhood Legal Services, R00m495, Ellicott Square Building, 295 Main St., (716)847-0650. Friday, September 20, at 2:00 pm. If you are interested in becoming a Homeless Task Force volunteer, contact John J. Jablonski at Box # 141. Charles S. Desmond Memorial Moot Court Competition. Case material can be picked up in the Law School Mimeograph Room. Outline of arguments are due Monday, September 23, from 9:00 a.m. 5:00 p.m. in Room 11, O'Brian Hall. National Lawyers' Guild Attica Litigation Committee Meeting. First floor lounge, O'Brian Hall. Wednesday, September 25 at 5:00 p.m. Michael Deutsch, Attorney for the Attica Civil Litigation Suit, will discuss42 U.S.C. 1983 suits. What: Where: When: Linda Yalem Memorial Run. U.B. Amherst Campus. Sunday, September 29, at 10:00 a.m. (Rain or shine). To qualify, all group registrations must be collected and submitted at the same time to Race Director Nan Harvey, Room 274 Alumni Arena, prior to Sept. 27. For more information or additional applications, call What: Where: In the Public Interest call for papers Drop off in ITPI office. Essay length work due by October 21, 1991. What: Where: When: Lowdown: Speaker J. Gardiner Pieper Room 106, O'Brian Hall. Thursday, September 19, at 2:00 p.m. Learn more about the Pieper New York State Multistate Bar Review Course, the New York State Bar Exam, and the Multistate Professional Responsibility Exam, - Sunday, September 29,3: 00 p.m. Altar ofthe Earth: The Life, Land andSpirit ofTibet Anthropologist Peter Goldwillopen the prestigious Hayes Lecture Series with this fascinating multislidepresentation. An excellent introduction to Tibet. Buffalo Museum - ofScience Auditorium, 1020Humboldt Parkway. Sunday,September 29,7:30p.m. Tibetan Reflections PeterGoldwill read from and discuss hisliterary work on Tibetan refugee life and the enduring struggle to preservea culture in exile. Calumet Arts Cafe, 56 W Chippewa St. Monday, September30,7:30 p.m. Circle ofthe Spirit: The Sacred Journey ofTibetans andNavajo Indians PeterGold specializes in comparative study ofNative Americans and Tibetan. He will present a multi-slide lecture on this intriguing subject. Kiva Room, Baldy Hall Tuesday, October 1,7:30p.m. Tibetand U.S. Foreign Policy: WhereDo We GoFrom Here? Lecture by Michelle Bohanna, founding directoroftheInternational Campaign for Tibet, whohas been instrumental in thepassageofU.S. legislation supporting the Tibetan people. Unitarian UniversalistChurchofßuffalo, Alliance Room, 695 ElmwoodAve. Wednesday, October 2,7:30 p.m. Sounds of Peace Flute concert by Nawang Khechog, Tibetan flute player from Australia. Come and enjoy this soothing audio-visual performance accompanied by slides ofTibet. Unitarian Universalist Church of Buffalo, 695 Elmwood Aye. - 636-3141. When: Lowdown: What: Where: When: Tibet Awareness Week Graduate Group on Human Rights Law and Policy General Meeting 1st Floor Lounge, O'Brian Hall Wednesday, September 25 at 3:30 p.m. Topic is a planning meeting for Human Rights Week. Mike and Ron's Beer Drinking Party. 492 Lisbon Avenue, Buffalo, NY. Friday, September 27, at 10:00 p.m. Beer is good. Beer is our friend. Because everyone needs a friend. What: Where: Tuesday, October 1, at 3:30 p.m. The speaker is Michelle Bohanna, the funding director of the International Campaign for Tibet, who has been instru mental in the passage of U.S. legislation supporting the Tibetan people. Sponsored by the Graduate Group on Human Rights. Lowdown: - What: Where: When: Lowdown: Lowdown: When: Tibet Awareness Week Buffalo Science Museum, 1020 Humboldt Pkwy. September 29 October 6,1991 For further information, call Martin McGee at 834-3991. Thursday, October 3,7:30p.m. Mind: Tibetan Buddhism andModern Psychology Lecture by the Venerable Shyalpa Tenzin Rinpoche, meditation master, scholar, andhighly esteemed lama in theKagyu and Nyingma lineages ofTibetan Buddhism All proceeds benefit theRangrig YesheBuddhist Studies and Meditation Center in Stockbridge, Mass. East-West Books Lecture Room, 3588 Main St. - "Tibet and U.S. Foreign Policy: Where Do We Go From Here?" First floor lounge, O'Brian Hall. L TheOpinion, 11 �r ■ y« m — mmmmmmmmmtmmm ��save ;C YOURLiJ ~7 *■* ~* BAR/BRI Leaves Nothing To Chance. tmrmm BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New Yor*. NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Par* Plaza, Suite 931, Boston, MA 02116 (617)695 9955 (800)866-7277 FAX (617) 695-9386 12 The Opinion |H � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e480a759662200b1782e537b9b903828.pdf d9edce68fcf869b81b761c3878c49cc7 PDF Text Text Volume 32, No. 4 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW War Correspondent Speaks at U.B. by SrikantRamaswami, NewsEditor Heisashortmaninhismid-50's. He is ahousehold name. He hates war, yet covers it. He hasmanyadmirers, yet antagonizes some. To understand this complex interplay of notions is to meet Peter Arnett; a man who is willing to risk his life so he can get another story. On September 2 5,1991,UB students an had opportunityto meetPeterArnett. Aman who has covered topics as vast as the illegal dumping of toxic waste to the blizzards of Buffalo to the superwars in El Salvador, Vietnam, Nicaragua,Afghanistan, and Iraq. Arnettentitled his speech "Baghdad and TheFirst Amendment. "He discussed the censorship ofthepress duringthe gulfwarand addressed the criticismhereceived forcovering the Iraqi crisis. Thus, Arnett talkedabout threats to hisreporting, including deaththreats towards his family. Ironically, many ofthese deaththreats were signed "sincerely." Arnett even heard that an elderly woman had complained about how her houseplants had died duringoneofhisbroadcasts! Arnett also statedthat''the firstamendment didsurvive the gulfwar. The firstamendment is a uniquely Americanlaw thatcarried the ideal of the Magna Carta to its ultimate interpretation. The British, however, are less generous with free speech. Elsewhere in the free worldthe media is controlled by government or ideological shackles. But then came Baghdad and CNN'srole in the gulfwar, with the emergence ofanew force ofinformation and an unexpectedly vastaudience. The American ideal ofmass communication was beginning to sweep the world.'' PeterArnett, a CNN warcorrespondent, was thefirst speaker in ÜB's Distinguished Speakers Series, Arnett says he developed some amiable ties in Baghdad with members of the government He spoke onconditions at the Al Rashid with no water or electricity. Arnett denied he was Saddam 'spuppetsaying that if he had agreed to allrestrictions, those charges against him would have been valid. Arnett gave examples ofhis informativereporting giventhe censorship in Iraq. For Arnett stated that' 'CNN is having a example, he could not talkabout target locadramatic impacton theworld. 54% ofaIIU.S. tions. Thus, on his typewriter, Arnetttalked homeshaveCNN. Every home inBelgium has about a visit to a residential area in Baghdad it. 3/4ths ofall Sweden and Switzerland watch thathad been bombed. TheIraqi Government CNN. 190miDionhomesinEuropehaveCNN. crossed out Arnett's description of area apIts unique brand of broadcasting is a great proaches tothe bridge and hewas notallowed attraction." In a survey ofEurope during the to specify thelocation ofthe target. But despite gulf war only 15 percent ofthe people were these difficulties, Arnett states that he still aware ofCNN. This number has risen to 85 found it possible to communicate. Thus, in a percent becauseofthegulf war."CNN thinks questionand answer sessionwithCNN, one of less like Americans and morelike citizens of theanchors said to Arnett:" I know you can't the world,'' said Arnett.This is probably why talk about this, but is there much military CNN was allowed to stay in Iraq and cover the traffic on road to Basra? The allies say the war. bombinghasstopped-whathashappened?'' Arnett responded:' 'There is much traffic onroad andnot muchofitis civilian!"The nextquestionaskedofArnettwas:"arethe Iraqis moving anti-aircraft gunsto civilian areas to escape bombing? Arnett'sresponse was:" ifl weretotell youwhat I know about thattopic,l'dbepulledofftheair!" Arnett statesthat inIraq hecould sense thefrustrationofthe average Iraqi and thefrustration withthe Iraqi government. "Baghdad has become THE most inaccessible national capital," said Arnett. Arnett was asked some specific questions. How did he view Saddam Hussein? "The camera doesn't lie so I viewed him the way those who saw the interview onT.V. would view him. Buthe blinkedalot!!" He wasalso asked howthe GulfWarwas differentfrom otherwarshe hadcovered. Herespondedthatcensorship October 1,1991 Girth Honored by Women's Bar by Nicole Moss On the evening ofSeptember 25,the Women's Bar Association gathered as friends at the Rich Atrium on One West Ferry Streetto honor MarjorieGirth'spast achievementsasaProfessorofLawandas arenowned legal scholar,and to celebrate her recent acceptance of the position of DeanatGeorgiaStateUniversity. Among the guestspeakers were the HonorableJustice M. Dolores Denman and the Honorable JusticeSamuel L. Green, both ofthe New YorkState Supreme Court Appellate Division, Fourth Department, andthe Dean of UB Law School David Filvaroff. NineUß law students were present for the event. Although Professor Girthallegedly cautioned Justice Denmantokeepherpraisc brief, the Justice admitted that she was humbledafterreading Girth'sconsiderable vita. Labling theProfessoras the "unflappable Marjorie Girth," Justice Denman told theaudience about the streaker whoran (apparently very slowly) throughProfessor Girth'sclassroom one day in 1970. ProfessorGirth, composureunshaken,simply continued her lecture. JusticeGreen was lesssureofProfessor Girth's unflappability. He explained that last year, when both heand Professor Girth were teaching at Emory University Law School, Professor Girth invited him on a tour ofAtlanta. After a little while in the car, it seemed as though the two were lost, driving in asuspicious neighborhood withoutamap. JusticeGreen took this opportunityto helpProfessor Girth feel more secure in hernew hometown,and presented toher a AAA map ofGeorgia. When Professor Girthtookthe podium, she assured Justice Greenthat hewas saferthanhe thought; she wouldn'tlet anything happen to them. Girth went on to explain that she enjoyed her time at theUniversity ofBuffalo, and that part ofthe reason she liked Georgia State wasthatthediversity among the studentsand facultythere reminded her ofUB Law School. Among her last words wasan assurance thatshe wouldcome back and visit. continued on page 5 Discriminatory Recruiters Barred from Law School by Jdinß. Licata, Editor-in-Chief Recently, die Lesbian and Gay Law StudentOrganization (LGLSO) and the Na- tionalLawyer's Guild(NLG) securedavictory in theirlegal action against SUNY-Buffalo. On September 19,1991 SUNY-Buffalo was orderedby Mitchell Netburn ofthe New York State Governor's Office ofLesbian and Gay Concerns ofthe StateDivision ofHuman Rights not to use state funds insupport ofon-campus military recruitment. The order was based upon GovernorCuomo'sExecutive Order2 8.1 prohibiting state agencies from using sexual orientation as a disriminatory tool. "This represents amajor victoryfor thelesbian and gay law students here at ÜB. The military policy onhomosexuality is underattack from awidespreadcoalition o fpeopleand organizations. Weare verypleased withthe outcome and wouldhope thatthis sendsa message tothe Pentagon, that it is time to abandon their bigoted policies against gays and lesbians," said Terri Mayo ofLGLSO. The issue has become politically delicate for Governor ernorhas nopower understate law to make this private firms. Cuomo as theRepublican Party has interpreted kind of decision." The Sunday New York The complaintwas filed on October 11; theorder as an affront to thearmedforces and Times (Sec. A, p.40, Sep. 22, 1991) cited 1991 underthenameofJaneDoeandcitesthe the United States. GovernorCounse 1 Elizabeth Mooreas another Judge Advocate General's Corps (JAG) reTwo days later, the New York Post aidereversing positionforthegovernor. Moore cruiting tactics as discriminatory and inviolacarried a story entitled "Military Recruiting asserted the order was unenforceable since it tionof E.0.28.1 by using thestateuniversity's Ban KO'd in Gay Flap" (p. 5, Sep. 21,1991) contradicted existing state educational law Career Development Office (CDO) for job quotingCuomo aide AnnCrowley:"The gov- allowing themilitary equalrecruiting rights as recruitment. Use of the CDO, and not the legality ofthe armedforces policy, is theprime issue in the complaint. The armed forces are allowed by federal law to discriminate based on sexual orientation. Part ofthe legal battle over the E.O. 28.1 concerns the meaning of ' 'provisionofservicesorbenefitsby suchState HispanicHeritage Week... 3 agency ordepartment." (LGLSO complaint at p. 4). SUNY contends thatitis onlyproviding Pictures Galore... 6-7 access to its CDO while the complainant stresses that JAGreceives services and benSports???... 9 efitsasarecruiterfromtheCDO. Theinterpretation ofthis sentence is central in the complaint and in the order handed down by Mr. Immigration Volunteers Needed... 10 Netburn whofound that using theCDO was the continued onpage 8 HIGHLIGHTS �— " PTF PF R The Bar Course That CarefeS^^^^^fl For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 The Opinion Tuesday, October 1, 1991 2 • Telephone: (516) 747-4311 aa» �Sri Lankan Law Professor Visits UB Law School Professor V.T. Thamil Maran, a Sri Lankan Scholar and humanrights activisthas cometoourLaw SchoolasaVisiting Scholar. Professor Maran.aseniormemberoftheStaff LawStudents eagerly lineup totaste LatinAmerican foodsprovidedby LALSA LALSA CELEBRATES HISPANIC HERITAGEWEEK . byPablo Marchona Que pasa amigos?. In other words what'shappening?. I shouldreally say whathas happened or " que ha pasado? " Well last week (Sept. 23-27,) the Latin American Law Student Association held its annual Hispanic Heritage Week. Thearray ofeventsincluded movies withLatin Americanrelated themes, a food, arts and crafts festival, and a panel discussion onLatinAmericaandLatin Americans in the United States. Themovies"Romero",''Womenon theVergeofaNervousBreakdown", "ATale ofO",and "The Mission", wereall shownnot only as free entertainment, but to displaybefore the student body issues and concerns of Latin American people. Thehighlightoftheweekhowever, took part on Wednesday in the second floor corridorofO'BrianHall.lfyouwereinthelaw school at noon, you would have smelled the food allthe way up to the fifthfloor. Indeed it was the persuasiveness of Spanish stylecooking thatmanaged to create a line of students severalyards long in frontofthe tinyfood stand . next to the mail room. Behind it were busy LALSA members servinga selected group of dishesbuffet style, toravenous law students. Unfortunately due toanunexpected large turnout, somehungry studentswereunable to enjoy those tasty tidbits. One ofthe unlucky was professor JanetLindgreen whomanagedtoget on line fifteen minutes before a meeting. LALSA heartily apologizes to these people but as that useful cliche goes, first come first served amigos. For those lucky enoughto enjoy the food and for the unfortunate ones as well, LALSA has compiled a cookbook withregional dishes from virtually allLatin American countries. So ifyou really want to taste a bit ofLatin America and can follow simple instructions, the cookbook will be a worthwhile investment. If interested drop by the LALSA officeRoom 113O'Brian. Directly in front ofthe library at the sametime on Wednesday, another set up displayed variouswoodand ceramic items crafted continued onpage 8 goodnumberof internationalconferences on Public International Law. Since the protection ofminorityrights is a practical necessity as it is intimately linked to the political dilemmas ofourtimes, he argues, whatever the study ofthis issue, it should involve a deep analysis of the total political, social,and economic patterns ofthe states concerned. In this respect, he is very critical about the role ofthe UN since the HumanRights Commissionhas beenreluctant even to agree on a definition of''Minority although gooddefinitions have been proposed byProfessorCapotortiandomers. Professor Maranthinks that the UN hasbeen deliberately avoidingtaking any serious steps towards minorityconcerns until veryrecent times. He is very happy about theroleplayed by theU.S. in activating the UN to act positively in the case ofminoritykurds in Iraq. Professor Maran would like to completehisresearch here withsome suggestions on the ways to improve knowledge, understanding and information onminority issues. Healso emphasizes thatindividualrights and minority rights are not obtainable in most Professor V. T. Thamil Maran instances without political self-determination.As such, he will be collecting materials oftheFaculty ofLaw, University ofColombo to prove that internal self-determination is a in SriLanka hasdonean extensiveresearch on right of the minorities and this MinorityRights and thirdworld perspectives legitimate berecognized as a norm ofcustomary should onhuman rights. As a wellknowntrade unioninternational lawkeeping inpar withwiththe ist,heworks closely withanumber ofNGOS rightofde-colonization. inSriLanka whicharecommitted to the values He will be pleased to have discussion ofhuman rights and liberal democracy. As a on theabove issues with those whoare intertamil, a minority ethnic community in Sri ested in thesame field ofstudy. His officeroom Lanka, he is interested in doingresearch inthe is424,o'Brian Hall, NorthCampus, Te1:636law school on minorityrights and self-determi-2381 nation issues. He has already participated in a R & W UPDATE RESEARCHINGTHE STORY AND WRIT NG THE TRUTH by Kevin P. Collins The Research and Wrung course forfirst year students had already undergone many changes before thefirst year studentsarrived hereatU.B. Adistinctlevelofuncertaintyand secrecy over what occurred, and about the course in general, has permeated the atmosphereofthelaw school throughoutthe semesterthusfar. For those unfamiliarwithhow the course is being administered this year, Research and Writing will be woven around the Fall semester courses. The course will meet once a week, for eight weeks, in an "open meeting " fora section, or sometimesin one of the other courses. The basics being taught include thinking about the legal writings of others,identifying the pieces from whichlawyers craft legal arguments, and finding these pieces in thelaw library. In the Spring, itwill move on to questions ofresearch strategy, turning fromthe legal writingsofotherstothe students' ownwritings. In the Fall semester, Professor Janet Lindgren is teaching the course to the entire first year class. The course is interrelated to other courses being taught and will be very similarforallfirstyearstudents. In the Spring semester, the course will be taught to much smallerclasses by one often or elevenfaculty members. It will be a separate course tied to another Springsemester course taught by the same faculty member. It will be a program in which the subjectsand assignments will vary sigmficantlyamongthetenorsosections. The underlying expectation is that students will learn to do legal research and legal writing imaginatively, effectively and efficiently, however, the course is worth no credits this semester. The course metforthe firsttimethis semester in the middle of September. It is to be eight weekslong, basically shaping upinto four classes on writing and four classes on research, one each on statutes, regulations, cases, and secondary and updating sources. An alarming numberoflaw students of all yearsare extremelyconcerned over howthe course is currently organized, believing that they are being negatively affected on all levels. At the first year level, students feel they are not receiving as strong a background in research and writing as they might like and need. This will in turn hurt them in theirnext two years ofstudy, in their summer employ- ment, and in the job marketafter graduation. Second and third year students see the effects of no teaching assistantpositions and fewer seminarsand courses beingoffered as professorshavetovolunteertoteachSpringSemester Research and Writing. Graduates, past and future, face the possibility ofthe law school's strong reputation being diminished, and of their degree losing some value in today's increasingly competitive job market. There is the furthermention ofpossible AmericanBar Association(A.B.A.) accreditation trouble,but this isaveryremote possibilityand an unlikely development. In dealingwiththeirconcerns, anumber offirstyear students met with Dean Filvaroff early in the semester and werereassured about the course and its objectives. The Dean expressed his appreciation of the students' involvement withthe school and their courses. They subsequently metwithProfessorLindgren, whoalsoalleviated some oftheirconcerns and spoke onthecourse and its objectives, yet these students were not totally satisfied, nor were theirconcerns wholly diminished. In addition to a growing uncertainty over the course in general, ithas beenrumored thatno professor has volunteered to teach the course next semester. I personally spoke with Professor Lindgren on two separate occasions. I asked how, if at all, the course as it now exists is differentfrom the pastand, ifso, why. Forthe answer,lwasreferredtoProfessorolsen. With regard to how the course compares to similar courses at otherlaw schools, we did not go very far into this topic. As far as information concerning thecourse nextsemester, I was told tocontact Deans Filvaroffandßoyer. Professor Lindgren stated that she was now shifting from talkingabout the course to actually do ing the course. She wasresponsive whenasked if teaching the whole first year body of 250 students was too great aburden to carry, either alone or in addition to her other courses and responsibilities. She stated that it was indeed a heavy task, but nevertheless one that she is abletodoandeagertocarryout. Many firstyear students who arestrongly concerned about this issue do notblame iton Pro fessorLindgren pose, butrather are worriedabout the situation in general. Professor Lindgren is deserving, as is everyone, ofour respect and ofbeing given a fairchance. Furthermore, students are aware of the financial difficulties with the State budget in Albany, and theresulting ramifications in the University budget. However, the one area in alaw school thatbudget constraints and cutbacks should not affect is that ofthe Researchand WritingProgram. Nevertheless, students are aware that the situationexists, of whois involved, and they want something to be done in the very near future. To this end, some first year students wanted to start a petition to hold a general meeting between the Dean, the administration,the faculty and the studentbody regarding the Research and Writing Course. These students came to me, as a firstyear Class Director, and all ofus, inrum, met withthe StudentBar Association(S.B. A.) President, Brian Madrazo. Itwas decidedthat, inaneffortto work amiably with the system, they would hold offwiththe petitionand thatthe S.B.A. would voteon the motion to moderate a general meeting. The S. B .A. Research and Writing Committee(Ron Coslick, Michael Fallon, Marc Hirschfield, Nydia Menendez, Subrata Paul, Nicole Rademan, and Michelle Wildrube) reported that they had a two hour meeting with Dean Boyer,and thathereassured themofthe course's contentandobjectives. Dean Boyer's meeting withthe Committee was ofa two-part focus. The first focus was that the Research and Writing Courseisaprogrambeingreshaped for the next couple ofyears in order to be a model program for the years to come. The second focus was that current students are not just experimental students, but rather that they shouldhave a meaningful course experience. Dean Boyer was told ofthe possible petition and generalmeeting, and he responded that he was aware ofthe students' concerns. To this end, he stated tht he did not want a general meeting, but instead he wanted to meet with each first year section separately sometime in the next few weeks in order to hold an informativequestionand answer session. Furthermore, a 3L Class Director reportedatthe S.B.A. meeting thatinvestigative effortslastyearwith the ABA. and otherlaw schools showed that U.B. will not be up for reaccreditation for another three to four years, thusthe A.B A. will not investigate untilthen, unlessthereisagreatdemandformemtodoso. The Director reported that, comparatively speaking, theResearchandWriting programat U.B. in the past was of equal, if not slightly higher, stature to programs at other schools. The Research and Writing Committee is also presently evaluating thecurrentU.B. Program, as wellas writing and callingotherlaw schools and their student governments to compare programs. Itwas further noted at the meeting that a number ofalumnae are aware ofthis situation, are concerned overit, and may be a source to belooked to for help in thefuture. The S. B. A. thendecided to postpone voting about the general meeting for one week so that the Board can deliberate on this issue. Therefore, this Thursday, October 3, the S.B.A. will vote on the motion to moderate a general meeting over the Research and Writing Course. The Opinion welcomes all comments on this initial issuefrom either the administration, the faculty, thestudentbody or any alumnae. Tuesday, October 1, 1991 TheOpinion 3 �OPINION Volume 32, No. 4 &$S* October I, 1991 EDITQRIAL B()ARD Editor-In-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson VitO Roman Michael Radjavitch ( ontributors: Nicole Moss; NatalieLesh; Brian Madrazo; Kevin P. Collins; Jon Garde; Pablo Marchano; AngelaGott; PaulRoalsvig; Bill Kennedy. EDITORIAL This is the Age ofInformation. As both students and future attorneys we depend upon a maximum exchange ofinformationto synthesize andanalyze problems covering the spectrum ofhuman existence. For students that means a variety ofdocuments are placed in mailboxes with no security otherthan the integrity ofthe students who use the mailroom. Each student has a role in providing information to peers and the basic duty not to impede communication between colleagues. However, even thatresponsibility has proven 100 much for some ofUB Law Students toaccept. Ourlaw school mailroom has repeatedly been the site ofstudents denying each other access to information in a self- destructivedisplayofdecei* Thenoticeson the LALSA andßLSAbulletinboardwere Is the simplicity ofremoving a slip ofpaper from a fellow student's mailbox too much ofatemptation to over zealous competitors and students holding a grudge? Thislevel oftheft is easilyrationalized and trivialized in thethiefsmind when he/shecan point to moral turpitudeby othersthat dwarf his/her own level oftreachery. That these students will someday take an exam based upon ethical behavior is the vast irony ofthe whole problem. Last semester a newspaper article, acomputer disk and an editorial cartoon were stolenfrom The Opinion mailbox. All thefts occurred on separate occasionsand eachhad a chilling effectuponthe use ofthe mailbox forcommunication among students. Other studentgroups have had theirnotices removed from members' mailboxes duringthis semester. The majority ofinter-student communication in this school rests predominantly upon mailbox notices among students. Thieves in the mailroom have upset this balance by betraying the trust oftheir fellow classmates. Several victimshave complained to theRegistrar and Public Safety concerning this issue, but there is no feasible alternative to trusting law students. Regrettably, that is swiftly becoming arisk amongst future officers ofour judicial system. torn down in a singularly mindless display ofviciousness. CCaprngm IWI. Th. Oonon. SBA Any reproduction or rrmnak hrntn ■ mary prohtxwa withou th.uprw conamotth. Efltoa Tha Opinon puotthea mry nvo wm*i during *w tctDamc yiwar nitth. (UKMnt al th. Sis* Unkwnfty o*N«wYort>«Bufl.loSctioolo(L«w.SUNYAßAmh«»lCJirrput,Bufl«lo.N«.Yo-i1 M260 Thl minimi Hi IHH W n m not rwoMuriy .ho*.o< tna ErMonu Board or Stall <X Th. Opman Th.Opinian ia non-proU organism,third-efcupo«ao» •ewe v Buffalo. NY Th. Optnon lundrt by ma SBA fromStuo»it iiw Fm « I . I .nan kmgnlhanltira. Wrt OotiMtmcmaifQmimrraDttcoii—O PIMMdo notouranythingyouw.hprlnl.dunctocvroflic.door. All•übrnuuntihouM t>ao»ac«Winlaw»ct*x>lrn.»x>i.»*43orSl2t>YtrwdMO»n.daie Th. Opinion otto. 724 O'Brian DRisablty ights Deadly lor the writer am Study Conducted byAngelaGott Dana Schulman, athirdyear law student, is currently working ona study to learn about employers' hiringpractices toward people who usewheelchairs orwhoare learning disabled. I found out about this study from Toby Schoelkopf who is the administratorofthe Disability Services Office located in 272 Capen Hall. Dana and two professors atUB are interested in improving thelives ofpeoplewho havedisabilities. They wish to learn whatactually goes on inourBuffalo/Erie County community. Dana is seeking individuals able to volunteeracouple ofhours oftime tomeet withherand the professors to shareyourexperiences. She wants to find outyour experiences inseeking employment - both positiveandnegative experiences. Danacan bereached at 691 -0170 and has an answering machine and willget back to you. I fyou are not sure that you want to participate and wouldfirstlike to hear more about her study, she will be happy to discuss it. Please call her. For those law students with disabilities, physical or hidden, such as specific learning disabilities or arthritis or hearing impaired, whoare notaware oftheDisabilities Services Office over inCapen, you all should really gooverand getto know the greatandfriendly peoplethere and learn about the services theyprovide to all studentsat SUN Y/Buffalo. Unless you make the tripoverand let Toby Schoellkop fknow youexist, you will not get any oftheir mailingsor learn about what you are entitled to at this University. Alll can say, is that her office has helped me in anumberofway s and I urgeall students with Special Needs, to go' 'check it out.'' This is what Club 504 is all about, to make sure that students find out the information, sothatthey can help themselves and protect their interests. Also, all able bodied students outthere who do notcurrentlyregard themselves as disabled-you might find yourselfwitha broken leg from a ski trip -Toby's officeassists students who find themselves temporarily disabled due to accidents. Soall students shouldkeep heroffice mmmd and beaware ofwhat they are there to provide even on a temporary basis. My phoneB32-3581/machme and Box 394 are alwaysavailable ifany student wishesto contact meabout any Disability Rights Concerns orquestions. SASU has a Disability Rights Caucus and I will be monitoring this for Club 504 Newsand now that I am the ABA bason to SB A anew SBA committee position, Iwill be sharing any ABA matters pertainingto Disability Rights withOpinion Readers also. I am really interested in finding afirst or second year law student to take overClub 504 matters since I am supposed to graduate in December, so ifthere is anyone interested, please contact me. - Submissions forThe Opinion shouldbe typed and double-spaced oron IBM compatible diskofeither 3.5" or 5.25" format, using any ofthe following programs: MicrosoftWord,MS WmdowsWritey\SCntext,MultiMate, WindowsWord,WordPerfect4.2/5.1,0r Wordstar. and rjuwdt Letters to the Editor To the Editor: In response to Hans' Tirpak's letterrelating his hurt feelings at being characterized as a "white boy": it's agood thing he is because his skin appears too thin to take any ofthe comments he inevitably would be subject to were he anything else. In addition, I wouldinvite him to inquire ofother groups inthis law school as to thevarious formsofdefacement they have found on theirofficedoors. Withoutcondoning unwantedgraffiti, I believe he wouldrealize that the sticker (for National Coming OutDay) on The Federalists door is about as innocuous a statement as can be imagined, and while it may have upset his aesthetic sensibilities, it at least did not threaten harm to his person. Sincerely, NOW IT'S UP TO YOU The campaigns are over. The choice is yours. On November 5, elections will be held across New York State for: Mayors County Executives County Legislatures • • • City Councils Town Boards Other Local Offices Gretchen Stork To the Editor: The U.B. I aw School grading policy is a sham ÜB's I I/O/> grading system was originally instituted to avoidthe stress and competition which the traditional A/B/C/D grading policy causes. The "Q'' graderange, covering thetraditional" B' '&' 'C' grades, was intended to alleviate the grade competition, as the Grade Key Explanation which accompanies school transcripts explains. Ascvidcnccd by the Spring 1991 gradeassignments, theA/B/C/D systemhas merely been replaced by an 11'0*/Q/Dpolicy. While 399Q*gradesgivenoutasignificantnumberofother gradevariations were assigned. (15II*, 4 H-, 32 Q-, 3 D*). While I personally preferthe H/Q/ I) scheme overA/B/( 71) systems, it appears that our present grading policy is moreakin to the latter scheme than the f< >rmcr. The prevalence ofthe 0* and other variant gradesclearly show that ( Hi's 11/O/D system is a myth. I came to! IB I .aw School in search ofa' 'different kind ofatmosphere: one wheregrades were not of utmost importance; where the influence of people of varying race, sex, age and abilities was an important ingredient in the school'sculture;and whererigid think ingofanykind would be challenged. As the semesters pass, the unique characteristics ofthis school become more difficult to observe. The mythical H/O/D gradingpolicy is justone more exampleofUß I aw students being promised a unique service yet being provided withan inferioralternative. Sincerely, Erin Wolfe 3L TheOpinion Tuesday, October 1, 1991 4 not sure of your voting place, call your County Board of Elections. * If you're ¥ \bu're X Right To PAj^ote. VOTE ELECTION DAY TUESDAY, NOVEMBER 5 6 AM 9 PM - �DANY IFFERENCE? by 3«.- UIIUTTY' McPHERSON! by Darryl McPherson 100167satquietly in herroom,strainingto hearanysound. Shecouldn'tsleep,and sensed that something was happening inthe ÜBL Installation. Her imagination soared as shetried to figure outwhatwouldbedifferent inthemorning. Shehopedthey werepainting the cafeteria, ormayberemoving the shades from thewindows. It would be interesting to see sunlight again. Afterher usual morning routine, she reached her workstation with no changes in sight. Otherworkersalso arrived andshe saw no new faces. 121066 smiled lightly and nodded a greeting. Before 100167 could respond, the intercom signalledanincoming message. "Therewillbeaninspectionbythe new Commandant in one hour. Efficiency mustbe maintained duringthattime. There willbe no stoppage.'' The work whistleblew and everyone began their tasks. A new Commandant? That was certainly different. She wondered what happened to the old one. He seemed all right when she saw himyesterday. Thenitquickly occurred to herthat someone elsewas missing- 100666. Considering that he, of all people, was never late or sick, something mustreaUybewrongforhimtobeabsent. Not even062567knew wherehewas. Something inside her toId her that it had something to do with the new Commandant. Just what ex- Features Editor '' Eating a chocolate bar. Here, have one." '' How didyou get these?'' "They were just here. Have you checked yourroom? Maybe there's something thereforyoutoo.'' 100167 wentto herroomas quicklyas she could without attracting attention to herself. She wentinside and found nothing. Sheheard asoundbehindher;someone came inside. " 100666,wherehaveyou been?" "It's along story, too long actually. For now, let's just say I've been able to effectuate some change aroundhere.'' "What'sgoingon?" ''I used toknow thenewCommandant. We both were officers at the BSC Installation. She was transferred, while I eventually fell from grace and ended up here. She's grantingnew privileges for everyone.'' "Andyou?" "I'mjustprivileged. Ihaveavirtual freerein,andthatextends to my friends. You needn'tworryaboutmescheduleoranything else ever again. I can take care of you and keep all ofthoseconcerns away.'' '' 100666,did it everoccur to you that Imightnotwanttobetakencareof?When- ever I get out ofthis place, I want to do it myself. I want to earn theright to beable to turn my back onall ofthis, tomake decisions actly, remained amystery. for myself." TheCommandant walked amongthem 100666shookhishead. "Inhere.you silently and slowly. She lingered overeveryhave no rights. Everything about you is one she passed, almost as ifshe were looking granted by the powers ofthe Installation. forsomethingorsomeoneinparticular. OcThey determine whenyou eat, sleep, live, casionally, shewouldask a question, nod, and and die. You saw what happened when continue onher way. She made it to 100167 122144 tried to declare her human rights. and asked, "Wereyoueverapartofthe BSC They destroyedher. And021563 has totally Installation?" losthisspiritforresisting. Idon'twanttosee "No, this is my first posting," she that happen to'you." Enjoy what they give answered promptly in the proper tone. you" TheCommandantnoddedand wenton "But Iaspireto more thanthat. I'mnot to 041659. She presented the samequestion justanumber,l'mahumanbeing. Therehas toher.butgotadifferentanswer. "Yes, I left to be more to life thanwhatever privileges two yearsago." The Commandant seemed I'm granted, I can feel it.'' to make a mental noteofthefact and went on "I admire your sentiments, 100167, herway. 100167and0416591ookedateach but you should face the facts. There's no other,but neitherknew what that wasabout. difference between rights and privileges. 100167didrecalLhowever,thatloo666 served Both are whatthe Installation say they are. in the BSC Installation. We can wishand we can try, but in the end, After the work period, the intercom our destiny is decided by theInstallation.'' sounded again. ' 'The hours immediately "I'llneversurrendermydestiny. I'll following the dinner periodare now desig- always havethe desire tochange it, ifnotthe nated as free hours.You willbeable tomove physical power. That is myrightand it can't about all unrestricted areas of the facility be takenfrom me. I could give it up,but that wimoutpermissionofyourSectionManager. wouldbemychoicetoo. You'reinaunique Activitiesare still available, ifdesired. The position, 100666. Useittohelpusregainour free hours will end at the beginning ofthe powertochangeourdestinies. Getusrights, sleep time." real rights. Privileges are nice, but they're Anotherinteresting development. Presuperficial." viously, the timehad been filled with struc"That'saskingalot. Thewholesystured activities or instructional periods. tem would have to be changed, not justthe Though 100167regularly wentto a historical conditions in one Installation.'' lecture series, today shedecided to explore. "It'sastart," said 100167. She foundo4l6s9'sroom, where thewoman "Let'sdoit." sat preoccupied by something. ' 'What are TO BE CONTINUED AT A LATER you doing?"asked 100167. byErin Theassociation ofWomen Law Stuseeks to unite the women and (AWLS) dents the men ofthe U.B. Law School to provide alternative forums for enhancing the intellectual and educationalneedsofthestudentpopulace. We aim to provide at atmosphere that encourages and fosters a supportive network for the women ofU.B. Law School and the greater community in which we exist,. throughout a variety of activities, AWLS attempts to educate thestudentbodyon topicsaffecting women. Wealsoworkwiththe students and the community to protect and enhancewomen'srights. Theeducational and by NatalieLesh Sometimes I am shocked by what I let myself gettalkedinto doing. This is definitely one ofthosetimes! I have managed to sentence myself to a semester, perhaps even toa year,of covering the Student Bar Association meetings for The Opinion. Well, they say that someone has to do it... Myfirst S.B.A. meeting wasan interesting and enlightening experience, to say the least. The very least. As someone with a background instudent government, I was preparedforan orderly yet light-hearted meeting. I could not have been more wrong! Instead, whattook place wasa heated, intensely political, ugly struggle for control. It seemed that moretime wasspent arguing about the procedural aspects ofthe meeting than was spent discussing the merits of any of the issues presented. I was assured later, however, that mostofthis was in goodfun, and thatafterafew meetings everyone would settle down and things would improve. While I am notsure, in light oftheinitial display,that I really believe this, I amgiving them the benefit ofthedoubt. Oneofthemorenewsworthyitems from the last two meetings is the recognition ofa group which will beputting together an alternativelaw journal,called Circles. The journal will focus on women' sissues, and will be less formal thantraditionallaw journals. Itwillbe an innovative, scholarly endeavor, and will include articles, poetry, and cartoons. While everyone seemed to agreethat therewasaneed for ajournal like Circles at UB Law, there was some disagreement as to its funding. Some of the Directors felt that $150, the usual new groupallocation, was sufficient, buta motion passed grantingCircJssabudgetofs2so. (Incidentally, this amount is one quarter ofthe S.B.A.'s unallocated reserve for the fall semester.) Another itemwhichdeserves mention is that the Baird Point Volunteer Ambulance Corps came to the S.B.A. to request funding, in order to stay in operation. Apparently, the response time ofthis ambulance to campus emergencies is about two minutes, whereas the off-campus ambulance response time is about seven minutes. Baird Point is already funded by the S.B.A. through Sub-Board One, whose function, to be completely honest, I do not yet understand. Some ofthe Directors, while acknowledging that five minutes may mean life or death, felt that, since any bills incurred by a student using an off-campus servicewould bepaidby our mandatory health insurance, the S. B.A. could notafford to allocate any more money to Baird Point. However, a motion granting them $ 100was passed. Actually, this job is not as bad as it seems. I am definitely learning moreabout the way things work at UB in general, and at UB Law in particular. And, by theend ofthe year, I should be qualified as an expert in Robert's Rules ofOrder! War Correspondent Speaks at UB continuedfrompage I was in place, but forthe most part he tried to rently working on a book. A final question report what he saw.When asked ifhe planned probed whyhe hadreported thatthe baby milk to cover the situation inYugoslavia givenhis factory that hadbeen bombed was not really a biological weaponsplant, buta milk factory? interest in being where the story is, he mentioned that this was unlikely since he is cur- "Hisresponse wasnebulous. DATE Association of Women Wolfe Student Impression of an SBA Meeting Law Studentsr social programs which the association spon- sors include: - ammentoringprogram with practicing attorneys through theWomen' ss Bar Associa- tion called "The AWLS Connection." -a Ist-Years' assistance programwhich teams 1st-year students with upper-class studentscalled theAdopt-a-1 st Yearprogram. - a Brown Bag Lunch series. - Pro-Choice activities. National Women's History Month activities. Rape Awareness activities. clothing drivesfor domestic violence -- They're "AWL" over the place! and homeless shelters in the area. The first [luncheon] scheduled for Membership in tne Association of October 1Oth, willfocus onCriminal Practice. women Law students is opento the entire U. B. Candance Vogel, an Assistant District AttorLaw School population. We welcome your neyand JulieDee, acriminal lawattorney will participation and hope to see you at our next present theprosecution and defense perspecmeeting! tives in the area ofcriminallaw. OnNovember The Western New York Chapter 7th, Carol Condon, ofMoriarityand Condon, Women'sßarAssociationofthe State ofNew will discuss various aspects ofMatrimonial Yorkannounces its fallluncheon series. and Family Law Practice. New to its agenda this year is the The Practical Skills Series is free Practical Skills Series, designed for law stu- with a brownbag format and willtake p lace dents, new admittees or more experienced from 12:30 to l:3op.m.in the 4th floor Jury attorneys with an interest in an unfamiliararea Room oftheBuffalo City Court. ofthe law. Tuesday, October 1, 1991 The Opinion 5 �PICTURE Moments to Remember: the SBA Party 1991 (Glory Days, Forever Young, Etc.) 6 TheOpinion Tuesday, October 1,1991 �PAGES Fall Fest: Oodles of Fun and Rasta, Mahn! Tuesday, October 1, 1991 TheOpinion 7 �From the Desk of the President Committee to develop a student response to this continuing issue which will be taken before the faculty in October. Finally SBA voted tohosta September Celebration Party at Mulligans Nightclub on Hertel on September26,1991. Beerand wings wereprovided andapproximately two hundred September 26,1991 fifty people attended. Everyone seemed to by Brian Madrazo enjoy themselves and when I left many law SBA has had a very busy two weeks. schoolfolkwere dancingupa storm. Look for During our meeting on September 19,1991 the second SBA party around Halloween as SBA confirmed thecommitteeappointments wellas a smaller event inthe middle ofOctoofthe faculty-student committee representaber. tives. Those names are posted in themailroom SEPTEMBER26,I99I MEETING and in the glass case in front o fthe SBA office Duringourlast meeting I congratulated Room 101 O'Brian Hall. They are also reLALSA for avery successful Heritage Week printed in this issue ofthe Opinion. andencouraged people to partake in BPILP's SBA,aftermuchdebate, fundedCircles Public Interest Law week which is taking two hundred fifty dollars. Circlesisa women's place September 30 thru October 3, 1991. magazine recognized as an officialSBA group Events are posted outside ofthe SBA Office. on September 5, 1991. SBA also agreed to I also congratulatedtheElections Comdonate to the Baird Point Volunteer Ambumittee ofSBAand the NLG for successfully lance Corporation one hundred dollarsto help putting togetherathree dayVoter Registration themwith insurance payments. Finally, SBA drive whichregistered over one hundred fifty decided to sponsorthe law schoolband SOL. people. to play in front ofthe law school on Friday The SBA funded the Hibernian Society September27,l99l fromnoonto 1:00p.m. In and Sports and Entertainment Law one hunaddition to officially sponsoring the band SBA dred seventy-five dollareach. Look for their contributed forty dollarsto helppay forrented meetings and events throughoutthe year. sound equipment. The research andWriting committeeis During this meeting I recommended now meeting regularly. They arecharged with that the Board ofDirectors directthe Execumonitoring thecurrent''programand propostive Board to alert students to the vandalism ing changes. Ideas and suggestions are weland theftsfrom student mailboxestaking place come. Remember students mustwork together in ourmailroom. A letter was placed in each on this issue because itaffectsall ofus not just studentsmailbox Thursday September26,l99l the first years. and Public Safetywasalerted. I furtherrecomFinally, two reminders. First, all are mended that the Board direct the Executive welcome to SBA Meetings. They take place Board to write a series ofletters in an effort to on Thursdays at 5:00p.m. inroom 210( Note ensure thatProfessor Phillip'sConflict ofLaws timeand room change from previous weeks). grades from Spring 1991 were posted. While Secondly, a reminder to the student group hergrades were posted onWednesday Septemleaders, there is a potluck at my house this ber 25, 1991 the problem with late grades Friday. I and the SBA Board ofDirectors are remains an important issue. Therefore, SBA looking forward to meetingyou. Ifyouhaveany will be charging its Grades and Registration questions drop by the officeand let me know. VIVE NeedsVolunteers REFUGEECRISISIN BUFFALO! by Jon Garde VIVE is a non-profit organization located in Buffalo, New York, which provides legal and humanitarian assistance torefugees fromaround the world. VlVEisayoungman named Mohamedfrom Ethiopia who witnessed from hiding the murderofhisparents. VIVE is the Hashi family from Somalia, who came to us by taxi in need oflegal aid and shelterafter all eight members were turned away from the Canadian border on a frigid Buffalo night. VIVE is Ignacio, a Guatemalan teacher, who fears death from the military because ofhis past support of an opposing political party. VIVE isa Salvadoran girlnamed Yanira who is still plagued by childhood memories of government massacres ofinnocent civilians. VIVE is the comfort ofshelter at the end ofa road fullofpain and rurmoil-aray ofhope for those in despair-a sign that people docare! Because ofCanada's more liberal asylum laws, thousands ofrefugees pass through Buffalo yearly inroute toCanada. Moreover, Canada gives asylum applicants free legal council. Through acurrent agreementbetween the U.S. and Canada, refugees trying to enter ( anada are turned away from the border and must wait for about a month in the U.S. before receiving their first hearing by Canadian immigration, whereupon they are generally granted entry permits. Without VIVE, most ofthese refugees would be forced to live on the street while waiting to enter Canada. Moreover, Canadian asylum attorneys would be unable to locate theirclientele spread across Erie County. The right to effective legal council would be meaningless. However, because of VIVE, these refugees are given a friendlyand secure place in which to stay, where their attorneys can 8 1991-92 SBA Student /Faculty Committee Appointments SBA Vice-President Kate Sullivan (Box 539) is an Ex-Officio member of all committees and must be notifiedofthe meeting times. Numbers following the appointees names are box numbers: Academic Policy and Programs Committee William Kennedy -150 CarolMcNall-180 Kristin Wright- 841 JosephBelluck (alt) 616 - Academic Standards and Standing Committee John C.Cody-629 WilliamKennedy-150 Admissions Jorge Guerrero-120 Lamarr Jackson-419 Jennifer Pitarresi - 209 David Smith-266 Howard Schwartz (alt) -116 Admissions (Special Brian Brockington-30 NoelleKowlczyk - 698 NydiaMenendez-464 RachelGorski(alt)-116 Faculty Statement Committee . Review Committee David Chien-42 JohnC. Cody 629 AnthonyJ.Marzo-718 Wayne Van Vleet(alt) - 820 - Faculty-Student Relations Board Kevin P. Collins - 630 Michael Freedman 93 MatthewKohm-153 - Committee on Special Needs Stephen Lee - 702 Deborah Thuman-261 NaomiWeinfeld-372 . Researchand Writing Committee RonCoslick-339 Michael Fallon - 362 Marc Hirshfield-410 NydiaMenendez - 464 Subrata Paul-207 NicoleRademan-502 Michelle Wildgrube-570 Danßildner-311 Marc Hirshfield-410 JimMaisano-450 Robert Sisson (alt) 795 Appointments Kristin Graham-665 Daryl Parker-495 Robert Sisson 795 Public Interest Fellowship Kimberly JillBarr -15 Student Representative to Faculty Meetings Carla Goldstein -106 Brian Madrazo-449 - Legal Methods Michael Amezquita - 304 R. Rex Velasquez-823 Trim Ross-508 easily locate them. VIVE also assists Canapersons ofvarious cultural backgrounds and dian asylum attorneys incorresponding with customs, who are familiar with maintaining the INS. differentkindsofhomes, learn thecustomsand Recent changes inCanadian asylum law habits ofNorthAmerica before startinganew have increased the difficulty ofentry, forcing life in Canada. more refugees to wait in Buffalo for alonger Many studentsfromall disciplinesvolperiod oftime. VIVE has thus been forced to unteered last summer and early fall during expand its operations beyond La Casa, a one similar circumstances and were greatly enhundred yearold con vent donated to VIVE in riched by the experience. Thisyear, wehope 1983. Built to house nine, La Casa frequently has had an occupancy of seventy or more personspernight. As old as it isand with such intense use, La Casa is in decrepidcondition, page 1 andVrVEislookingtoreplaceit. Although we continued from a "service or benefit.'' same asreceiving locahave not yet found asuitable permanent While it not is illegal to ban military tion, VIVE has negotiated a two month lease government ties its recruitment, the federal of20 unitsat the Mohawk Hotel in downtown to federal armed forcesrecruiting on-campus need to Buffalo and we urgently volunteers aid school that making any bars remilitary help staffour support servicesthere. cruiters for federal of ineligible Department These services include the distribution was at Defense Funds. SUNY-Buffalo the medication, other of clothing, and personal necessities. Volunteers are also needed to take receiving endof$3.8 millionofsuch funding care ofrefugees' transportation needs to and last year. SUNY-Buffalo has sixty days to comfrom government immigration offices, social withtheorder orappeal the decision to the ply service agencies, routine and emergency hosState Division ofHuman Rights. Despite the pital visits,and special events. Moreover, help aides, the situation governor's by denials the is needed at the new site to organize the preparationofmeals and maintenanceof property Throughresettlement assistance, VIVE volunteersofferrefugeesawarmand welcoming hospice. Resettlement assistance is critical for continued frompage 3 the travelerwho hasfledthe traumaofwarand by South American natives. These items and political violence. Formany.ourrapid lifestyle otherscan befound in greater variety at El Buen is terribly demanding after enduring such sufAmigo(The good friend,) located onElmwood fering. VIVE volunteers help providean emoAvenue between North st and Allen st. tionally secure environment to ease the transiAccording to LALSA president tion, wherebyrefugees worktogether to proNydia (2L) the main purpose of Menendez vide for themselves. During theirone month Hispanic Heritage Week, was to increase stay, guests collectively prepare for themawareness about Latin American students in selves healthy nutritiousmeals, and also help thelawschool. " It wasour intention tobring withmaintenanceand repair. In this manner, something different, something that is a unique - ABA Representative. «... AngelaGott-394 thatyou too can joinus inmeeting and learning from many people from around the world as they teachus abouttheirhomelands and about themselves. To volunteer, callRev. JohnLong at 838-4152. Aftermaking an appointment, dropby the VIVEofficeat 22 78 Main Streetin Buffalo. Arewarding experience is promised to all as we continue to build new roads of understanding inour worldtroubled by war. Discriminatory Recruiters . The Opinion Tuesday, October 1,1991 has not changed after the order ofSeptember 19thand an appeal by the SUNY-Buffalo Administration will most likely beforthcoming. BrendaMattarofLGLSOdescribedthepresent situation as one where ' 'The governor has decided to step back from the hysteria and let the legalprocess work.'' On thedooroftheLGLSO officeis asign that gives the most succinct analysis ofthe present situation: " The bottomline is ... the Governor believes the order is in force at SUNY-Buffalo." Hispanic HeritageWeek part ofour lives and culture, to share withthe non Hispanic students.'' By the surprising turnoutatthe food stand alone, I would say that last week was a definite success forLALSA. Only one ques- tion troubles my mind and my appetite. How soon can these folks bring the rice and beans back to O'BrianHall?.Lets justwaitpatiently and see. �Middle East Debate Rages On: A Student Reply byJamalAruri Thus,since the apartmentwasnotempty, DavidLask's,' 'A Justification for the Shamir-Likud Position" (September 3rdissue we must now turnto thesecond question:What ofTheOpinioh) failsto do justthat. Itsucceeds happened to the previous occupants? The only in propagating myths and outright lies Palestinian people were systematically exwhichblatantly contradict thehistoricalrecord. pelled from their land through a series of Lask asks us in the first paragraph to massacres specifically intended to frighten 'imagine ifyou and yourlarge family moved the populationand forcethemto flee. Themost ' into a twenty-four unit apartment building, famous of these massacres occurred in the after having long ties to that dwelling, and village of Dir Yassin where Irgun (led by twenty two ofthose neighbors immediately former Prime MinisterMenachem Begin) and attacked you, whilethe twenty third exertedno LEHI (ledby currentPrime Minister Yitzhak influence in your behalf." Lask's fairytale Shamir) soldiers carried out the slaughter of account ofthe creation ofthe State ofIsrael two-thirds oftrie entirevillage. According to leaves oneasking manypuzzling questions. 1) David Shipler'sarticle intheNYT on Oct. 22, Was this apartment thatyou and your family 1979,citing Red CrossandBritish documents, moved into empty? 2) If not, how did you theattackers'' lined men, women,and children convince the previous occupants to leave? 3) up against wallsand shotthem," so that Dir Who exactly werethose twenty two neighbors Yassin "remains a name of infamy in the world." whoimmediately attacked you "? Theanswer to thefirstquestionis easy. Yitshak Rabin, then a brigade comThe indigenous Palestinian Arab population mander and laterIsraeli prime minister gave has continuously occupied the land called this account ofthe expulsion of as many as Palestine at least since the seventh century 50,000 Palestinians from their homes in the B.C. In 1919,ThePalestiniansconstituted90% towns ofLydda and Ramleh on July 12-13, ofthetotalpopulation, in 1931 83%,and even 1948:''YigalAllonaskedßen-Gurion (first at the height of Jewish emigration in 1939, prime minister ofIsrael) what was to be done withthecivilianpopulation. Ben-Gurion waved Palestinians still comprised 70%ofthe population. By 1947,one year beforethe creation of hishand in a gesture of drivethem out. The the state ofIsrael,Palestinians owned 93% of populationofLyddadidnotleave willingly." the land. ( Deborah Gerner, One Land. Two (Quoted in Simha Flapan's, The Birth ofIsrael). Beforethe Zionist forces werethrough Peoples). upto 700,000Palestinians wereforced to flee, While the Palestinian claim to Palestinerests on the veryfactthattheylived onthe unable to this day toreturn to theirhomes. Regarding the third question: ' 'Who landand constituted the overwhelming majority ofthepopulation formore than one-thou- exactly werethose twenty twoneighbors who sand years, the Jewish claim is based on the immediately attacked you?'', one must consultLask himselffor an answer to this unique history ofthe Hebrew tribes who intermittentlylived in andoccasionallyruled thisland account ofevents. Throughout his article Lask gets so from the second millennium B.C. until their expulsion from the Romans in 135 A.D. The caught upinhis barrage ofpropaganda, thathe Jewishclaimalso rests on the notion thatthis forgets(orperhapsconvenientlyoverlooks)to landwaspromised to the Hebrewpeople in the spell outtheLikudposition whichderivesfrom Bible. With Criminal Intent byMichael Radjaviteh, Photography Editor Onceagain, it's that time ofyearwhen law students from all three classes gather together in smallgroupsto pro ye their skilland competence atavariety ofintramural sporting activities. OnesuchgroupistheCßlMlNAL INTENT soccer team again sporting their stylish blue jerseys. Co-captains Michael Radjaviteh and Jorge Guerrero have put togethera team for the third semester in a row, and with three practices thusfar the outlook apppearsverypromising. Thereturnofveteran players Hank Nowak, David Downie, John Messinetti, Natalie Lesh, Frank Housh, Ira Levy, Barbara Saver, JohnFoudy, Eric Haase, and Mark Schaefer, gave the co-captains a solid base to build the new team upon. The team also recruited David Chien, Mark Skoultchi, and PeterLorme from the second»year class, as well as Francisco Duarte, ConstantineKarides, Sarah Swartzmeyer, John Justice, Eileen P. Kennedy, Marc Shatkin, and Rob Cisneros from the new first year class. With a roster ofthis size, fielding a full team for the Saturday afternoon games should not pose a large problem, a problem which gave CRIMINAL INTENT some difficulties during last year's single-win season. CRIMINAL INTENT took thefield with four fullbacks, three midfielders, and three forwards for their first game ofthis season on Saturday, Sptember2B, againstßFLO BLAST, awellknownrival fromthepasttwosernesters. Hank Nowak was in goalafter having taken overthis crucial position fromMade Schaefer. With his sizeand natural abilities he was the bestchoice forthe position,anditwas evident thatthree weeks ofcoaching and practice had payedoff. StartingatforwardwereConstantine Karides, Marc Shatkin and Frank Housh; at midfieldwereFrancisco Duarte, DavidDownie andTim; andat fullback were JohnMessinetti, NatalieLesh, IraLevy andMichael Radjaviteh. Jorge Guerrero waspresent butunable to play the ShamirPlanofl4May 1989. Shamir'splan, whichLask terms'' peacefor peace,'' insures that peace will not result. It spells out no negotiations with the PLO, which is recognizedby more statesthanIsrael. Itrulesoutthe implementation ofUN Resolution 242 which requires Israel toreturn the territoriesitoccupied in 1967,a position adopted by the entire world, including the United States. Shamir further seeks a veto over any Palestinian representative hedoesn'tappro ye of, a mind boggling proposition whichallows Israel to pick the representatives to both sides ofthe dispute. Lastly, Shamirrefuses to haltthe building of settlements in the occupied West Bank,while arrogantly demanding $10billion in loan guarantees from the U. S. This is whatLask terms ' 'peace for peace," i.e. Israel should give up nothingand ask for peacein return. The Palestinian position meanwhile, which is in accord withtheinternational consensus, calls fora two statesolution, insuring statehood and security for both the State of Israel and the State ofPalestine which will be formed inthe WestBank and GazaStrip. This compromise by the Palestinians would limit the Palestinians to 23% oftheir originalland. Arafathasevengone so farasproposingthat the newly formed state will be demilitarizedand UN or even U.S.forces canmonitor the border between the two states. What is most disturbing about Lask's article is not its distortion of history but his utterlyracistandanti-Arab comments throughout hisarticle. Lask states, "the current Arab economic boycott against Israel is not only a crueland inhumane gesture ofbigotry by the Arab world,but it extends to any company in theworldthatdoesbusiness withIsrael." Lask apparently finds it amazing that the Arabs wouldusean economic boycott against Israel while Israel illegally occupies Arab lands. It is one thing for Lask to claim that the Arab states are "cruel and inhumane" but Lask goes further suggesting that this is part of Arab culture. Consider the following statement by Lask: "It is withthat historical perspective combined with Arab culture, having Jew hatred so deeply ingrained, that Prime Minister Shamir..." How wouldLask react if one weretosuggestthatlsrael'sdaily shootings ofunarmedPalestinians in theWestBank and Gaza, its torture ofPalestinians and demolitions ofPalestinian homes was somehowpart of "Jewish culture"? Lask goes on to speak of"Arab intolerance and talksofthe need for the Arab nations to "insert accommodation into its culture.'' Therefore, Arabsare inherently intolerantand unaccommodating,which Lask says ispartof' 'Arab culture." Lask fittingly ends his collection of distortionsand racismwith misquote: "Hopefully, the Arab nations will progress and put aside their many cultural biases and antipathies forthe Jewsand Christians ofIsrael..." In his utter ignorance and attempt to portray intolerantand unaccommodating Muslimsbent on killing the Jews and Christians ofIsrael, Lask does not evenrealize thatthe Christians ofIsrael are Palestinian Arabs whom he chastised throughout his article. In this veryheated and emotional issue, one needs to make the distinctionbetween acts by nation-states on the one hand, and the people and culture ofthose states on the other. Forme as a Palestinian, whose family and people have been displacedand dispossessed oftheir land and homes, to suggest that this is the doom of Jewishculturewouldbeunthinkable. Thereis absolutely nothing inherent in Arab or Jewish culture which has brought about this situation. It is an issue overland, and one can only hope thatthe day will come when wecan share the landand live in peace with one another. Half Court Press due to a brokenbone inhis foot,however, John Foudy.Rob Cisneros andMark Schaeferwere also present, allowing CRIMINAL INTENTto make many needed substitutions during the game. The first half consisted of a series of attacks by each team, with several shots on both goals and resulting saves by the goalies. Late inthe firsthalf, oneof severaICRTMTNAL INTENT pushes upthefieldresulted in thefirst and only score ofthe game. Francisco Duarte gained control oftheball offofa Constantine Karides pass, dribbledthrough some defenders, andpassed the ballacross the mouth ofthe goal toward Michael Radjaviteh and Marc Shatkin. Michael Radjaviteh was unable to make contact withthe ball, but Marc Shatkin got a foot on it and struck it past the BFLO BLAST goalie for the 1-0 lead. Withthelead maintained through therest ofthe firsthalf, the secondhalf sawamore defensive CRIMINAL INTENT lineup, with four fullbacks, four midfielders, and only two forwards, while BFLO BLAST began attacking at every opportunity. However, CRIMINAL INTENT'S defensive play lived up to the challenge, allowing onlyafewshotsongoal,allo fwhich were kept out ofthe net by Hank Nowak. This week's game time is not yet finalized because the HOLY ROLLERS are not able to play at the scheduled time on Saturday, however, CRIMINAL INTENT is looking forward to the possibility ofstarting the seasonata2-omark. Anyone interested in information, or injoining theCriminalIntent intramural soccer teamshould contact Michael Radjavitch(Box 212) or JorgeGuerrero(Box 120). Softball, "Heathens" Style by Michael Radjavitcli, Photography Editor Captain PeterLorme, whoalso doubles as anoutfielder, has put togetheranother intramural softball team to representthe U.B. School ofLaw. This year's HEATHENS roster in- eludes outfielders Eric Haase, MikeOrtiz and Snyder arrived and the game began. The Mark Hubal,and infieldersChaim Kraisman, Moots' game plan was to keep things slow to Mark Eyer,Bob Gormley andTom Grajek, as holdthe opponents below one hundred points, wellas Rich Holstein, Matt Kohm and Jamal and offset the opponents advantage with supeAruri. The starting pitcher is Roger Sagerman, rior three point shooting. The three point and Vito Roman is the man defending home strategy was discarded shortly after Higgins plate. tossed a number o fair balls. Apartisan en >wd Lastyear'sHEATHENSmayhavemade cheering theMoots' opponentswere witnesses it to the finals only to lose to the Med-school to the precision effect of the stall game as team,buttheyareofftoa muchslower start this forward/guard Eric was thekey stalling tactic timearound. LastWednesday'sopeneragainst after receiving a painful poke in the eye Ile the MUNCHERS saw a short-handed HEArolledon thefloor inagony fora full ten minutes THENS squadplayingaclose game untillate while his concerned teammates conscienin the game,withleft-handed hitter Eric Haase tiously caught their breath. The half ended contributing hisfirst home run ofthe season. enmeshed incontroversy whenHiggins' amazUnfortunately, itwasalosing effort, withthe ing over-the-back bank shot wasdiscounted as MUNCHERS ending up with a "W " bya 12- time had run out. The stalling tactics effectively cemented thescore at 47t0 16at the half. -7 margin. The HEATHENS also split a doubleDuring the second halfthe Moots' dediheader on Saturday, September2B,beginning cation to studies became apparent in the poor the afternoon with a 14-7 blow-out ofthe physical condition that the gallant cagers, an UNTOUCHABLES. Mark Hubal made the element matchedby the growingfrustration of highlight film with his homer, as did DonGill, theopposing,andunnamed,team. PointguardV a ringer flown in from BrooklynLaw, who hit shooting guard Mike Feliciano'sinspired ball a standup triple. He also provided some strong handling ate upthe clock and led to a technical fielding at second base. The second game of foulcalledagainst the opponents forhavingtoo theafternoon, however, madeevidentalackof many men on thecourt. Snyder canned thefoul conditioning on the part ofthe HEATHENS. shot withaplomb. Unfortunately, it was the Theiroffense wasunable to produce,and they only free-throw made by teh Mootsduringthe provedtobeno competition fortheHELMETS game - an area where improvement is sorely a 10-3 loss. needed. in Viciousdefense by theMoots' front line ofEric, Higgins and Dave Faber prevented the Moots Cagers Stifle opponents from entertaining the crowd with Opponents dunks. The unsavory characters grew surly as they realized that despite their most fcrvenl by Norbert Higgins cheers, the unnamed opponents would not game their first the Tuesday night, In achieve the century mark against the wily Moots basketball team went down to acrushingbut gloriousdefeat, 74 to 2 3. GeorgeSnyder Moots. I Incoming games promise to be diffiwas the high scorerwith 9 points withNorber cult, but the Mootsremain confident that their Higgins contributing 8 to the cause. The game started with a moment of skills will improve and the streakofopponents dramawhen it appeared that only four Moots under 100points will continue. The spirit of had shown up to challeng the opponents ten true physical competition was captured by coplayers (all ofwhom were dunking during the captain Feliciano who noted, "At least wcgol - - warm ups). Fortunately, star forward/guard someexercise." Tuesday, October 1, 1991 The OpinionI 9 �"A group of law students who shall remain nameless have decided to form a new, unofficial, informal group. BAR REVU There are no mandatory meetings, no by-laws or hierarchy. All that is required is ATTENDANCE WEEKLY AT THE BAR OF CHOICE. Brunner's Tavern Eggertsville and Main 9:00 p.m. $1.25 bottled beer and .15 This week: wings SEE YOU THERE." Here's an offer you can't refuse. Chico's tribute to Doctor Seuss. IN THE PUBLIC INTEREST A REVIEW OF LAWAND SOCIETY Call For Papers In the Public Interest, a review of law and society, is published bi-annually by the Center for Public Interest Law at the School of Law at the State University of New York at Buffalo. The Journal is committed to printing scholarly articles, commentary, and reviews which examine legal and social issues in their political and historical contexts. In the Public Interest is currently accepting articles for its Winter 1991 edition, and welcomes manuscripts from students, faculty, and practitioners in all fields of study. In the Public Interest welcomes work from all perspectives, as well as poetry, photography, and original art work. In the Public Interest is indexed in the Alternative Press Index, and articles are carried by Westlaw On-line information services. There is no length limitation on papers. Although articles are accepted throughout the year, the submission deadline forfull length articles for the Winter edition is September 13, 1991. In the Public Interest also encourages the submission of shorter length essay, commentary, and review articles in addition to its publication of scholarly works. The deadline for essay length work has been extended to October 21, 1991. All articles should be double spaced, submitted in triplicate. So that all submissions may be considered anonymously, submit articles with only social security number indicated at top. In a separate envelope, include your name, social security number, address, and phone number. Center for Public Interest Law State University of New York at Buffalo School ofLaw 118 O'Brian Hall Buffalo, New York 14260 (716)<J*-21«1 10 iThe Opinion Tuesday, October 1, 1991 Saturday, October 5th,1991 Da' Party! (pronounced "Da' Bers") 73 Englewood. Contact him at Box 213 �The Docket The Docket PUBLIC INTEREST LAWWEEK The Law School CareerDevelopment Officeand Buffalo Public InterestLaw Program will be sponsoring Public Interest Law Week, September 30 through October 3.1991. All events will be held in O'Brian Hall at the Amherst Campus. OnTuesday. October 1 Evan Wolfson, a StafTAttorney for theLambda Legal DefenseandEducationFund,willbespeakingat6:oop.m.inßoom 106. Wolfson will share his experiences as a public interestlawyer and will also discuss how his careerpath developed. Hewasalsoan Associate in the Officeoflndependent Counsel, Iran-Contra. TheLambda Legal Defense and Education Fund works on arange of lesbian and gay rights issues and policy and legal matters arising out ofthe HIV epidemic and health crisis. Wolfsonreceivedhisß.A. from Yale College and hisJ.D. from Harvard Law School. He has published two articles. "Civil Rights, Human Rights, Gay Rights: Minoritiesand the Humanity ofthe Different," and "TheDefense ofConsensual Sodomy, Public Lewdness, and Related Criminal Cases." This event is also being sponsoredby LGLSO. Tuesday. October 1.there willalso be a Public Service Panel at 2:00 p.m. in Room 106. Speakers will beJohn Costello, Second Deputy County Attorney for Monroe County; Andrea Schillaci, Assistant Attorney General, Environmental Protection Unit, Buffalo Office; and Mark Perla, Assistant United States Attorney, Western Region. Wednesday. October 2. there will beaPublic Interest Panel at 3:30 p.m. in Room 106. Speakerswillbe Nancy McCulley from Neighborhood Legal Services, Karen Nicholson from Legal Services for the Elderly, and Norman Effman from Wyoming County Legal Services; Thursday. October 3. Amy Tobel, whohas doneCareer Placement Workfor NYU Law School, will give apresentation on Finding Yourselfa Public Interest Job. Her presentation will be a 12:15 in the FirstFloor Student Lounge. Informal Brown Bag Lunches willbeheld onMonday and Tuesday in theFifth Floor Faculty Lounge and Wednesday intheFirstFloorStudentLounge. Lawstudents will speakabout public interest law internships that they worked on last summer. There will be a reception for faculty and students, as well as members ofthe public interestlaw community, onThursday.October 3in thelobby at7:00 p ,m. The reception will be inrecognition ofthe BPILP summer internsand theirpublic service worksite sponsors. Formore information, contactCDOat636-20560r8P1LPat636-2104. . Workshop on Gender and Class Sponsored by the UB Graduate Group forFeminist Studies & the UB Graduate Group for Marxist Studies in conjunction with the Ontario Institute for Studies in Education. Saturday, 0ct0ber26,1991 from 10:30a.m.-5:00p.m. Amherst Campus, 280 Park Hall Buffalo participation is limited to 12persons on a first come first servedbasis. Twopapers will bepresented. Ifyou havea workin progress orare interested in further information, contact Paul Zarembka, Economics Dept. (0)636-2121 0r(h)832-8832;orLucindaFinley,LawSchool(o) 636-2361 or(h)882-7941. National Coming OutDay Friday, October 11, all day. No, you don'thavetocleanyourclosets. Youdonthaveto makeany grand public announcements aboutyour sexuality(orlack thereof!) You don'treally have to do anything. But ifyou'd like to both show your support for gay and lesbian rights and celebrate the similarities and differences we all share as people, there isnt an easierway than to wearbluejeanson October 11,National Coming OutDay. National Coming Out Day isadayonwhich lesbian and gay men take the next step out ofthecloset, no matter what that may be. It is also a day to combat the daily invisibility ofthelesbian and gay community. The Lesbian and Gay Law Students Organization, in conjunction withtheundergraduate and graduate groups for lesbians andgay men will be tabling, selling t-shirts,and distributing treats on October 11. Foryour family members and yourfriends who aregay, or foryourself,please showyour support by wearing blue jeans and stopping by the table. M*E*E*T*l*N*G*S SCCMeeting Wednesday October 2 at 4 p.m. Room A,Audio-visual Center,Law Library, O'BrianHall. "Proposed amendments tothe U.S. Constitution": members will be discussing their ideason how to improve this great country of ours. All those who wish to submitproposals for amendments please do so by Wednesday morning inBox # 513. J The International Law Society will sponsor a dinner with Ambassador Edward Finch, formerambassador to Panama, authorof' 'Astro Business- A guideto Commerce andLaw in Outer Space and presently generalcounsel to the American International Petroleum Corporation. Ambassador Finch will address the environmental problems ofouter space and national security a talk on " Heavenly Junk. ThedinnerwilltakeplaceonOctober4,l99l at6:oop.m. in theTiffin Room Norton of Hall at U.B.s Amherst Campus. Tickets prices are: $10.00 students $15.00others Please joinus for a great evening withthis distinguished speaker. For information contact the International Law Society at U.B Law School. - 1 11 Desmond Moot Court Update... Letter ofIntent Dining With a Diplomat Due Monday, October 7th, between 9:00a.m. and 5:00 p.m. in Room 11,0'Brian Hall Happy Hour to celebrate completion ofBriefs 5:00p.m. to???, Monday, October 14 Place to beannounced ■■~Graduate Group on Human Rights Upcoming Events (All events will be held at 3:30 p.m. in the First Floor Lounge.) McAe//eStfAa«««willspeakonU.S.foreignpolicyandTibet. Oct. 1 AlphanseNkubito, formerGeneral Prosecutor for Rwanda and current President ofthe RwandanAssociation Oct. 2 will speak on Civil andPolitical Rights in Rwanda. Rights, for Human Oct. 9 Professors Virginia Leary and Isabel Marcus and Yasmine Hassan (a second year law student) will give presentations on "Women in theLegal System in Pakistan." �■" '■"—'■ ' ■■'— m ■ i- i .............. ~.«.i....i �� *J)sr E BAR/BRI ........ i. i...... ~ .. . , . . . . . .... •> ■ny BAR/BRI Leaves Nothing To Chance. BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New \brfc. NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Part* Plaza. Suite 931, Boston, MA 02116 (617)695 9955 (800)866-7277 FAX (617) 695 9386 , � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1cd2eb907895ddd094db6601d4de7ac8.pdf 643813c16f8ce071b7ae539179da9ee1 PDF Text Text THOMAS CONFIRMED: 52 TO 48 byJo/inß.Licata, Editor-in -Otief. Judge Clarence Thomas has officially been transformed into JusticeClarence Thomas. The Senate confirmed his nomination by a vote of52 to 48, ending the lengthy hearings that placed Thomas'nomination underacloud and his character in doubt. Professor Anita Hill's charges of sexual harassment and the ensuing weekofCongressionalhearingsultimately did not disruptPresident Bush' s second SupremeCourt nominee from beingconfirmed by the Senate. Last year David Souter was overwhelmingly placed on the court by getting support from over90% ofthe Senate. StudentsatSUNY-BuffaloLaw School were questioned about theThomas nomination before the Senatevoted and theresponse was decidedly against Thomasbeing seated on the highest court in theland. 61 %ofthose students polled were opposed to Thomas for various reasons. One person said his "qualifications are at best modestly mediocre and another commented that Thomas was the "greatest judicial travesty in this country." However, somestudentsremained inaquandry regarding THE OPINION Poll 100UB students* were surveyed regarding their feelings on Judge Clarence Thomas' nomination to the U.S. Supreme Court. 1. Doyou supportJudge Clarence Thomas 'nomination to the U.S. Supreme Court now that the hearings are over? No Undecided Yes 11% 28% 61% 2. Who doyou believe is telling the truth? Prof. Hill Undecided Judge Thomas 38% 18% 44% 3. Havethehearings regardingProfessor AnitaHill's statements, changed your view ofJudge Thomas' nomination? No Yes 15% 85% 4. Prior to the hearings regarding Professor Anita Hill's statements, didyou support Judge Thomas' nominations? Yes No Undecided 30% 59% 11% *Surveyconsisted of52% women, 48% males JusliceThomas' nominationand were not sure whom to believe whenask tochoose between Thomas and Hill. 38% ofthe students polled felt Hill was telling the truth while only 18% believed Thomas. The remaining 44% didn't believe either person was telling the whole story. When asked ifthe hearings hadchanged personal opinions of JudgeThomasBs% said they had not been influenced by the hearings. The final result of the poll showed that the week long congressional investigation swayed only two percentofthose polled. Thehearings becamean ordealfor Thomas, Hilland perhaps most ofthe nation with the Senate showing some oftherougher edges of American politics. Senator Orrin Hatch alluded to Senator Edward Kennedy's own involvement witha young woman, who died due to the senator'spoor driving, by mentioning a "Massachusetts Bridge in his analogy of Judge Thomas's position. Sen. Hatch later corrected hisremarks fortherecord toread that he meanta "Brooklyn Bridge." Survey conducted by staff writer SaultanH. Baptiste. THE OPINION Volume 32, N0.5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 16,1991 Professor Blum Sues University by JohnB. Licata, Editor-in - Chief On October 1 st, Associate Professor of Blum has fifty-one page claim and a oneLaw Jeffrey Blum initiatedlegal proceedings hundredand fifteen page appendix. (Both are against the State University ofNew York at on reserve in the law library under ' 'BlumBuffaloLaw Schoolandthe University. ClaimCivil Procedure.") Named in the complaint ing atotalof $3.95 million dollars in damages, are Dean David Filvaroff, former Associate Dean JohnHenry Schlegel, President William $3 million in punitive damages, and the remainingin compensatory damages, Professor Greiner, Acting ProvostLevy, DeanAlan Carrel, Professors Elizabeth Mensch, Alan Freeman, Charles Ewing andJohnand JaneDoe, all ofSUN V at Buffalo. Included in Blum's complaint is a due process claim alleging he had beendenied 6th and 14thAmendmentrights inthetenure evaluation Also included isareliance claim based upon misrepresentations made to Professor Blumby Dean Filvaroffcausing Blum to forego sixthyeartenure evaluations. Such areliance, asassertedby Blum, caused himto discontinue a job searchand missa January 1991 conventionoftheAssociationofAmerican Law Scholars. His absence at this conference is consideredbyBlumto haveseriously hurthischances at finding employmentwithinthenextyear. In response to these claims, Dean Filvaroff responded that' 'Professor Blum's allegations are extravagant and ill-founded, whilehislegalclaims, in our view, are lacking in merit. Blum's claims range from fraud to the ProfessorBlum debatingan issue. continuedon page 4 . HIGHLIGHTS ThomasViews... Page 5 DomesticViolence... Page 7 Half Court Press... Page 9 Ambassador Discusses Space Debris by John B. Licata Ambassador Edward Finch spoke to a groupofstudentsat SUNY-Buffalocampus on Friday October4,l99l inanlnternationalLaw Society (ILS) sponsored lecture. His discussion was titled "Heavenly Junk: The Space Debris Crisis.'' After Dean Filvaroff introducedAmbassadorFinch, usinga lengthy list ofcredentials, Mr. Finch presented a copy of hisbook Astro-Business toKirnDanzi, PresidentoflLS. His lecture was more of an informal discussion on theamountof space debrispresently orbiting the Earth "like flies around a , honey coated baseball ' than a strict lecture. The ambassador warned that satellites, both human-made and asteroids, ofover 10centimeters in diameter, represent a serious threat to international communication and subsequently to the security and peace the United States. To makehispointMr. Finch posed the question "How would you feel ifyou werean active personand suddenly lost your eyesand ears? Do you thinkyou mightfeel some fear?" He warned thatthe United Stateswould be in a similar condition ifits communication satellites were disrupted by space debris. For those students interested inthe outer space dilemma Mr. Finch directed them to read theOuter Space Principles Treatyof 1967, a documenthe called the grandmother ofall the treaties dealing withouter space.'' Essentially the document states there is no sovereignty in space and disallowsorbiting weapons ofmass destruction. That prohibition gives American defense systems an additional fifteen minutes to respond to any groundbased nuclear attack. Mr. Finch is the sponsorofaresolution in the American Bar Association's Science and TechnologyCouncilcallingfor agreement amongst nations not to deliberately create space debris. Hisreasoning is that until the USA "gets its act together the [United Nations] won't move toward a solution. Partof the international problem ofspace debris includes the technological incompatibility of national satellites and the national security that would be jeopardized by removing discontinued onpage 6 �II T'flnl I H H B ■ H H H H -*»**-- II I , —^——■■■~~"~———~—~ - Jen— 188 HIB IH IB ■ H77J7 Ti7£ ■Hβ Hlw yFyUlfill I Multistate BarReview Course by November 1,1991. **£» Complete lecture series writing Multistate Practice and Exam * Multistate Professional Responsibility Exam The Opinion October 16,1991 ■ JOlin iWperS fn oo Pit iAnn no itl~\slUoo UUIUUfILt IIUS " The Bar Course That Cares. Sabbv Charles HI H 5/6> & h Professional ßesponsibility 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (r 747-4311 Ross HE I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. PIEPER REPS.: Trini H[ B ""* � Multistate Volume For more information see your Pieper Representatives or contact: H 2 The Pieper Course Includes: * Law student's discount of $200 will be deducted from the cost of $1,250 for any student still in law school who registers for the Pieper New York ■ ■ I 11/1/91 I I CPPPTHT ■ MUST RECEIVED BY Santarpa ■ H| HI �JessupTeam Looks to Spring Regional Competition by Greg Chestnut Two weeks ago the JessupBoard held theFall Moot Court Competition. Approximately forty 2L and 3L competitors were vying for the eightpositions onthe regional team. This year's problem covered a fictitious situation modelled after the Achille Lauro incident. The People's Armed ConflictMovement (P.A.C.M.), a terrorist group with headquarters in Shangri, hijacked a cruise ship and killedaYokumnational. Eventually the ship isreleased and the terrorists are arrested at their headquarters by the Shangripolice. However, Yokum, fearful thatthe terrorists wouldnotbebroughtto justiceby the Shangri government, intercept theairliner on which the terroristcaptives were onboard,and bring the criminalsto Yokum inordertobring the criminals under theirjurisdiction. Two principal questions ofpublic internationallaw were selectedfor argument in the competition. The first involvedwhether ornot Shangri violated minimum standards of state responsibility by allowing P.A.CM. to commit terrorist activities out ofits headquarters located in Shangri territory. The secondquestionconcerned whether 1991-92 JessupInternationalMoot Court Team. From left to right: Henry Nowak, DanielDeßosso, Peter Grubea, Tom Canavo, Penny Strothers, Erin Wolfe, Robert Pelier, and GaryStorm. or not Yokum violated international law in its interception ofthe Shangri airlinercarrying the terrorists. The competitionaddressed ~~1 _J 1991-92 JessupInternational Moot Court Oralist Team. From left toright: Henry Nowak, Daniel Deßosso, Peter Grubea, and Tom Canavo byBarry Boyer, Associate Dean for AcademicAffcdrs these issues in two formats: a writtenmemorial (brief) and oralargumentbefore the International Court ofJustice. On October 3rdthe results ofthecompetition were announced. The Best Memorial waswritten byRobertPelier. Secondbestwas written by GaryStorm, Third best was written by Penelope Stothers, and Fourth best was writtenby Erin Wolfe. TheBestOralist Award wentto Henry Nowak. Second Best Oralist was Daniel Deßosso, Third Best was Peter Grubea, and Fourth Best went to Thomas Cannavo. These eight individuals will compriseU.B.'sregionalJessupteamandcompete at the regional competition in the Spring. In addition, JuniorAssociate Membership was extended to Karen Bellaire, Robert , Bencini, StephenCrawford, Derek Gregory, JorgeGuerrero, Dean Hartley, Joseph Mooney, and Maryanna Moskal. Congratulations! TheJessup MootCourt Board wouldlike to sincerely theprofessorsand practicingattorneys whojudged the thank competition. Without their help and support, the Jessup Competitionwouldnothave been suchasuccess. The Board thanksProfessor MarjorieGirth, Professor VirginiaLeary, Professor George Kannar, Professor John Thomas, Joe Grasmick, Esq., Peter Illig, Esq., Carole Healey, Phillip Mclntyre, Esq., Kimi King, Esq., David State, Esq., Andrea Emmelinks, and ScanGalliher. TheBoard wouldalso like tothankNancy Schulman forher support. Finally, the JessupBoard appreciates GayKang and Karen Stamey, JessupDirectors, fortheireffortsinconducting the intramural. Gay and Karen provided moral and administrative support by making sure all the competitors andjudgeswere wellfed and fullybriefed ontheintram ural problem. Thecompetition wasan incredible success due to theirhard work, enthusiasm, and dedication to making Jessup the best it can be. ThanksGay! ThanksKaren! \ 1991-92 Jessup InternationalMoot CourtMemorial Writers. From left toright: Robert Pelier, Penny Strothers, GaryStorm, and Erin Wolfe. Research andWriting were' 'late," this is the normaltimefor final- The second semester Research and izing the second-semester curriculum.) Writing (RAW) Program, whichhas sparked Each first-year section will have either considerableinterest, someconcem,andmore three or four RAW sectionstaught by senior thanafewrumors among first-yearstudents, is faculty. Each faculty member will working nowtaking final shape. The new Spring prowith slightlymorethan 20 students each, which gram,whichhas been in developmentformore will provide opportunities for individualized than a year, is designed to improve student consultationand feedback onwritingassignskillsin argumentationand expression, while ments. familiarizing them with different types of The useoffacultyrather than teaching legal research and writing. Faculty assignassistants to conduct the small groups reprements to teach RAW are firming up, as the sents a significant increase in the amount of overallmenuoffirst-yearandupper-class course teaching resources devoted to the first-year offerings for Spring 1992 are resolved. (De- program. Fortherestoftheyear.twocommitspiteconcems thatthe spring courseofferings tees will befollowing andreviewingprogress Labor Law (Atleson) and Legal Profession in R & W to assure thatthe program meets the objectives established by the faculty and the needs ofthe students. The Academic Policy andProgram Committee (APPC) isastanding faculty-studentcommittee withgeneraljurisdictionover curriculum matters. The APPC makes recommendations to the faculty on significant curriculumchanges. In addition, I have been working with a new Student Bar Association special committee on R & W, which ischaired by MikeFallon, a third-year law student. Theremainder ofthefirst-year curriculum for Spring 1991isas follows: Sectionl will have Property (Avery), Contracts(Konefsky), (Kenyatta); Section 2willhave Constitutional Law (Kaimar), Torts (Mensch), Property(Freeman) and Legal Profession(Marcus); Section 3 will have Contracts (Schlegel), Constitutional Law(Newhouse), AdministrativeLaw (Szczygiel), and Legal Profession (Munger)> As usual,all ofthese teaching assignmentsare subject to change for unanticipated circumstances such as leave-of-absence, illness or othercurriculumneeds. During the next two weeks, as theremainder ofthe Spring 1992 curriculum falls into place, I will be visiting each ofthe firstyear sections to discuss the curriculum, and answer any questions youmay have. "INYOURBEST INTEREST" LAWWEEK byKevin P. Collins The Buffalo Public Interest Law Program(BPlLP)andtheCareerDevelopment Office(CDO)broughtto the UBLaw School ' 'ThePublic Interest Law Week,'' from September 30to October 3,1991. The success of this highly informative week wasdue mainly tothe hardwork and determinationofJillBarr and Michael Freedman, the graduate assistants ofBPILP. The two wereresponsible for bringing to UB many lawyers highlyactive and successful in the public interest law bar, as well as arranging panels, brown bag lunches and speeches where students could obtainvaluable information about, andmake future contacts, in finding and funding yourselfajob. Onesuchevent during the week wasthat of"Funding YourselfA Job,"heldonMonday, September 30. Four speakers presented a highlyinformativebackgroundonhowto fund yourselfajob. Audrey Koscielniak, Director ofthe Law School CDO, spoke first, stating thatalthough economically thelimes aretough, the market is not filled. The opportunities are there, but the money may not be, however, grants may allow you to pursue an area that interests you. You must develop yourselfinto an attractivecandidate to obtaingrants and one way to do so is by tying yourself to anestab- Finding and Funding yourself a Public Interest Job lished project or organization. Thekey is to start now, not later! For ftirther information, stop by the CDO or check out the books on reserve in the library. The second speaker was Eric Alcott, Assistant to the President atErie Community College, who teaches a course on funding yourself a job. He stressed the need to be specific in grant requests as to who you are, whatyoupropose to do.andhowyouare going tomeasureyourresults. Agencies wantto back ' 'sure bets,'' according to Mr. Alcott, and do not want to take risks with limitedresources. He statedthatif anyonewants to contacthim, they can callhimat(7l6)B42-2770. The third speaker, Michelle Scott, isan information specialist at UB who works for "Sponsored Programs," located in the UB Commons, Suite2ll. Here, shehelps faculty, staffand students to do searchesforsourcesof funding. Herprogramalsopublishesamonthly newsletter. A SPIN( Sponsored ProgramsInformation Network) computer search is done foryou viaan on-line databaserunning outof SUNY inAlbany, whichuseskeywords to seek out foundationsand agencies that interestyou. The last speaker, to borrow a cliche, certainly wasnot theleast, butwas in factthe highlight ofthe evening. Katie Cerulli, a3L here atUB whofunded her ownproject,toldof herresearch into domestic violenceand communityresponses. Shewasanexcitingspeaker whose warmpersonality, intelligence and devotion were illustrated as she related to the audience her personal experiences, while at the same time servingas a role model for law students both here and elsewhere. She emphasized thatthe first, and most important, step is finding outwhat youwantto doand then narrowingitdown. Foundations want to know whatyourresults willbe. Through her work, she has established strong local and national contacts. Sheadded that ifanyone wanted to talk to herforhelp in funding yourselfajob,just drop a note in her mailbox. Another extremely informative event, ' 'Finding Yourselfa Job,"washeld Thursday, October 3. Amy Tobel, a UB alum, is an attorney who works in the Career Placement Work Office for NYU Law School. She is a highly energetic speaker, and has held over 14 jobssince graduatingfromlaw school. One of the items she stressed was the importance ofa goodcover letter. She statedthat it should be formal and stick to three or four good paragraphscoveringwhoyou areandwhyyou are writing, your past experience relating to this area ofwork,and any personal commitment or tiesto this particulararea. Shepointedoutnot to be too verbose, but to be clear and concise, emphasizing that you should be able to talk about every line in the letter. She also added that it is very important to state that you will contactthe agency and then to actually follow up persistently, sincemany public jobscannot afford goodrecruitment due to understaffing. Finally, she strongly urged students to attend careerconferences. Theweek was highlighted, andcame to a conclusion, on that same Thursday night whenareceptionwasheldfor faculty, students and members of the public interest law community. Dean FilvarofFgaveabriefspeech and this was followed by the presentation of award certificates to the 17 BPILP summer interns from their respective sponsors. The Public Interest Law Week was as much a success as itwas informative; asmuchapublic, interest lawweekas an "inyour bestinterest ' law week where UB students benefitted immensely bylearning valuable information on how to find and fund publicinterest jobs,and making potentially lasting contacts in that field. October 16,1991 The Opinion 3 �OPINION The , ~, w i 32, No. 4 Volume ' Saff: Mailbox October I, 1991 EDITORIAL BOARD Thomas v. Hill Editor-in-Chief: John B. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie Lesh Srikant Ramaswami Editor: News Features Editor: Darryl McPherson VitO Roman Layout Editor: Michael Radjavitch Photography Editor: Kevin P. Collins, SaultanH.Baptiste Contributors Brian Madrazo, Rebecca Eisen, Hans Tirpak, Tom Winward,Jim Maisano,Bill Kennedy, JeffreyErtel EDITORIAL Thefirst floor student lounge hasbeen painted,recarpeted and according to the laws ofNew York State it has been designateda non-smoking lounge. In spiteofthis many students whouse the lounge have not yet beenalerted to thenon-smoking nature and thepresence ashtrays in the loungehas not deterredthe continuedviolation ofState regulations. Withthe conversion ofthe fourth floorlounge intoa computer lab the student body dependsconsiderably uponthe firstfloor forgroup meetings and guest speakers. Continued use ofthis lounge as asmoking lounge is contrary tothe purpose and needs ofentire school. The immediate response is where dothe smokers go ifthey are notallowed to smoke inthefirstfloor lounge? Apparently, smokersare not deterred by non-smoking signsthroughout thehallways and the absence ofasmokinglounge should not create any problems in their smoking habit. However, the SBA has announcedplanstoopenasmokingareaonthefourthfloorneartheelevators. Smokers have complainedthat it is notaroom and it is insultingfor them to beremoved to such a location. Their pride has been wounded and they feel their liberty has been undermined. Inresponse, there is noright to smokeand to assert it as aliberty issue is spurious at best. Whatremains is that more students are non-smokers and stateregulations explicitly forbidding smoking in public access areas. Unfortunately, the smoke is filtering into thecarpet and furniture making thenon-smoking loungean environmental cess pool. CCopyripM MM. TmOpiiHiM* ' --—- - Yf i nr'rfr inntilmrt ■MmHlmq—him—HiiHw r -i,mi nlMi.-w, inn jlt, _. 'tn li in i JIH alNMVo*aeiMt>BelMl«lLar.SUNV«BiMiHHC«ivia.B<itWD.NMVo>ki4an. nonifiml, »iun«t —CWamCo«id<xSM<lelTlw(»inpn. » 1 n n r n TH nifti*iii.«HH iMil jiijl r •ttwlaanMo.NV. rm,M t TtoOptanbtaMky 9»S&Atmm*ms,*L*mP*m. lam -~* '— i , l dorf»»ww«p«M—WbMCMpX PtMMdoiKXpuiinrmngyouwanpnnMdundwouroWleedoor. AlubmtMomthoUU Th.OpnMaMulMlM |t>l»«dwbulf««VMlMr Mlo«MlorMngniM«Ml M oo>Mnl. UMnlMV*ftm*m«prt V b»pMM«»»«)iMliMaM4O«Si2brtt»««eiiw<M* o—mwlorim-mwwr—po—>W»»n—m—guMM. Letters to the Editor This is inresponse to Bill Kennedy's cartoon inthe Octoberl, 1991 issue ofTheOpinion. The point ofhis misguided fiction was thatthe Judge Advocate GeneralCorps banis unfair to law students because itwasn't the law students themselves whowere' 'taking anybody else's opportunity away fromthem.'' This is deluded thinking Mr. Kennedy. No onewants to take anopportunity away from you. You are free to jointhe JAG Corps ifyou choose. But what you failed to consider is that the JAG Corps was taking away opportunities from the students. It is the JAG Corps that was act ing in a discriminatory manner, and not onlyto gay sand lesbians, but to those over 3 5 and the disabled. This is not a question, as I have heard mentioned, ofwhether gaysand lesbians can perform adequately inthe military. The military had openly gay people duringthe GulfWar, ofcourse because they wereneeded. No one seemed to mindthen. Why is it so important who people have sex with. Isa woman less ofa patriot orsoldier because shehas oralsex withanother woman? Is a man unfit to prosecute deserters and drug dealers because he has anal sex with another man? Is their motivation anyless? I justdo not seethe connection between an adult's sexuality and his/her ability to perform on the job. Thepoint ofyour cartoon should havebeen that punitiveaction was takenagainst the ones who deniedthe opportunities. In this country wepunish the guilty, as opposedto fascistregimes who silencethe persecuted. Whatrealistic (final) solution do you propose, Bill? Your cartoon suggests that sincewe shouldn't be banning the military, and since studentsare being punished by the ban, perhaps we should be punishingthegaysandlesbians. Should webangays and lesbians from campus because they made all possible recruits questionable in the eyes ofthe military? Should wethrow out gaysand lesbians because they standupfortheirown humanrights, promote awareness, and combatbigotry?Orperhaps we shouldthrow them outbecause they offendgood Christian sensibilities. Come on Bill, it's obvious you think that they're to blame. You can cryall you want that it's not fair toyou, butit' s lessfair tothe people whowanted to joinbut couldn't. Go jointhe JAG Corps, Bill and fight for the new world order. But, when you get in,just be sure to respect your gay and lesbian fellow soldiers. Sincerely, Scott Rudnick,2L 4 Opinion The Opinion October 15,1991 by SrikantRamaswami, News Editor A white comrade once asked Clarence Thomas how he was. He responded:'Tm just trying to make it in your world.''And indeed he tried. Ina relatively shortperiod, the 43 year old graduate of Yale Law School enjoyed much success. Now, some 107 days later, his reputation is tarnished and Clarence Thomas isa broken man. Because he hasbeen subjected toa process which has taken him from the prestigious heights ofa Supreme Cout nominee and , dumped him into a dungeon wherehe has " earned ' the sobriquet of " sexual harasser." As I sat gluedwatching Thomas' visceraldenialofMissHill's allegations, I wasvisually moved. Indeedhis speech was eloquent, zealous,and very, very, solemn. And Thomas' message was vitriolic: "Unless you kowtow toan old order.. .youwill belynched, destroyed,caricatured by a committee ofthe Senaterather than hung from a tree.," he said. IfThomas is innocent, a' 'hightechlynching" didoccur and nothingcan salvage Clarence Thomas'reputation. And then came Anita Hill. A brave woman. A woman who took a step forward at the expense ofherprivacy andtold thenationabout the ClarenceThomas sheknew. She spokeabout his desireto dateher,his own sexual prowess, his comments on pornographic moviesthathe had seen, and his comments about pubic hair in his Coke. In effect, Anita Hill wanted the Judiciary Committee to know the other side ofClarence Thomas. Newsweek magazine states that' 'ClarenceThomas and Anita Hill sat under the same whitelights atthe United States Senate, adamaged manand an injured woman demanding hot Two justice. parallel lives that had looked exemplary suddenly collided overan ugly story of harassment.'' sexual And Time Magazine states that inthis dramatic saga,' 'one was telling the truthandthe otherwas lying. Oneofthem was shouldering theburden unfairly and itmay neverbeknown whichone." Both AnitaHill andClarence Thomasfound that enough is not enough. That in America FBI reports can beleaked to the public. That inAmerica the media can sneak into your garage at night to uncover filth.'' That the ugly debatebetween Republicans and Democrats have levelled them pawns in a chess game for victory. Despite Biden's stance, the Senate JudiciaryCommittee hearings will have to step in a newdirection. Becausea process that does notallow potential nominees tothe highest court - continued onpage 6 Submissions forTheOpinion should be typed and double-spaced oron IBM compatible diskofeither3.5" or 5.25" format, using anyofthe followingprogramsiMicrosoftWord, MSWindowsWriteASCHtext, MultiMate,WindowsWord,Word Perfect4.2/s.l,orWordstar. Dear Editor, As one ofthe victims ofincessant mailbox theft I appreciated your October 1, 1991 , editorial. However, I take issue with your assertion that' 'there is nofeasible alternative ' by which to remedy the problem. The purchase ofhasps and hinges and some relatively easy remodeling by the Carpentry Shop on the part ofthe school, and the willingness to purchase combination locks on thepart ofthe studentswouldremedy theproblem So wouldtherequirement that ALL notices ofan official or especially ofan academic nature be posted in glass-enclosed bulletinboards. Ifthecurrent glass-enclosedboard is inadequate interms ofsize then new ones should be purchased. In a school in which funding is made available to student groups withextraordinariliy narrow focus and serving thetiniest percentage ofthe student body, surelyfunding should be available for a matter which concerns us all. Sincerely, John Cody, 1L Blum Suit continued frontpage 1 aforementioned dueprocess claimand essentially allege a series ofintimidations by professors and administrators based on personal antipathy and "political correctness run amok." Dean Filvaroff stated thatthe suit is a "personnel matter now in litigation," and ' 'detailed comments orresponses are not ap- propriate. Wewill.ofcourse.respondappropriately in the judicial proceedings he has initiated." The federal claims will be heard by Judge Curtin, while Judge NeMayer, in the CourtofClaims will hearthe remaining claims �McPHERSON! In"Dair>l McPherson Clarence Thomas has justbeen confirmed as an Associate Justice ofthe Supreme Court ofthe United States in a startlingclose voteof52 to4B. There'snoneed to dwellonall the manipulations, both public and private, that brought the United States to this point. History, and other articles in this paper, will record thegenerally skewed perceptions ofthe event. Now thatthe deedhas beendone,it' s timeto look to the future. What doesall of this mean? Are we a better country for having Thomas onthe court? Is Thomas a betterjustice for having madeit through the proceedings? Is the statusofwomenthreatened? Does this signal the end ofsociety as we know it? My ownreaction may be a bit extreme. I findthis turn ofevents very distressing. This isn't necessarily due to feelings about Thomas personally,but ratherabout his political persuasion. The spectre of a conservative Supreme Courthas beenloomingovertheU.S.forsometime. Iknewitwas coming, butl always held out some distant hopethat something wouldhappentokeep it from becoming areality. I don't want a predominately conservative Supreme Courtbecause I think some balance is necessary. Perception is too easily swayed by ideology. If you ask a liberal's opinionabouta particular person, shemay saythatperson is a genius. You ask a conservative the same question,he'll say thepersonisanidiot. With ideology becoming the first qualification for a Supreme Court seat, this country can' t afford such a deep seated biasinwhat issupposed tobethe fairest body in ourland. Thisopinionapplies equally to liberals and conservatives. Naturally, others may not see it this way. Disgust with the Democratic Party losing touch withthe desires ofthe people hasdrivenmany to theright, or atleast closer to the middle. I suppose I shouldn'tbe too Features F.diioi surprised. For some reason, everything the Democrats touch seems toturn intoamessy affair. I wonderhow thehearingswill affect Justice Thomas. Would heusehis position to exactpayback against theliberal special interest groups that turned bis life into a living hell? Can he fairly discern therights ofa woman in a sexual harassment case? Will he finallybeable to formafair opinion onßoev.Wadewhenheknowshow Senator Metzcnbaum feels on the subject? Someone once said,' 'whatever doesn't kill you makes youstronger." I'dliketobelieve that could apply to Thomas, but I can' t help but think theadage, "don'tget mad, get even." Even ifI give him the benefit ofthe doubt (he's gotten plenty ofthat already) thathe canmaintain a proper judicial temperment, onehas to wonder how much he'schanged after the second round of hearings. He admitted himself thathe isa changed person. Though this seems like a victory for blacks, the big loser isthe women's movement. Themessagetbisconfirmationsends is thata man's wordis still stronger thana woman's. While men and surprisingly, quite a few women, celebrate the Senate vote, a number of victimized women will silently suffer unwanted advances in the workplace because they know a callous society doesn'twant toheartheir cries. And the ramifications of this on the abortion rights issueare clearly ominous. Perhaps whatbothers me most isthe personal toll this has taken. This has seriously impactedmyrelationship withtwo of my best friendswhoprefer toremain nameless (though it doesn'ttake much to figure out who they are). Despite the fact that I know somepeopleagree withme, I feel very alone. This issue apparently cuts deeply into the heart ofAmerican life. Muchtoo deeply, I think. Nomine s Through The The Lynching of ClarenceThomas "This is a circus. This is a national disgrace. It is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas. It is a message, that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed,caricatured by a committee ofthe U.S. Senate rather than hung from a tree." Judge ClarenceThomas byJimMaisano Judge Thomascould nothavebeenmore accurateorpowerftil. The liberal plantation of Democrats, special interest groups and the media had tried to lynch him. The AntiThomas coalition (led by liberal, black and women' sspecial interestgroups)attempted to destroy the character and dignity of a man whose entire life has displayed nothing but integrity.hardworkandsuccess. Thesegroups wereunabletodefeatthe Thomas nomination through the normal, democraticprocess; thus, a Democratic staffer was used to leak Anita Hill's allegations to the media when it was certain JudgeThomaswould beconfirmed. The affidavit containing Hill's allegations wasinvestigated by theFBI,reviewed by JudgeThomas' opponents and supporters on the JudiciaryCommitteeand deniedas inconclusive and insufficientto warrant further investigation or to halt the committee's final vote. Even Hill hadrequested thatherallegations remain confidential. Nonetheless, a Democratic staffer chose to violatethe legal andethical codesoftheU.S. Senate and leaked theaffidavit to the media. From this point on, all notions offairness and justice were eliminated fromthe confirmation process, asJudge Thomas wasforced to defendhimselfagainst a weak, unsubstantiated allegation already rejected by the Judiciary Committee. The Senate Hearing became a "high-tech lynching." Judge Thomas was guilty ofbeing a BlackConservative Republican. Whenawomenmakesachargeofsexual harassment, it must be treated with respect. Ages VU- ykft*£i>V However, this does not mean that sheis telling the truth. Our society determines the truth in these controversies through thecourt system, where thereare judges,juries,statutesoflimitations and rules ofevidence and procedure. Hill,a civilrights attorney, decided not to file a claim. Thus, when shecame forward at the "11 thHour"to makeherallegations, she was faced with a strong burden ofproof to overcome. The Anti-Thomas coalition had just spentover 100 dayssearchingfordirtonJudge Thomas and were unable to find even the remotest trace of scandal during his career. The burden could notbe placed on JudgeThomas basedona single, uncorroboratedallegation. Ofthe thousands of women who had workedwithJudgeThomas overhis life,there was noj one who had anything but glowing praiseforJudge Thomas' workplace conduct (exceptforonewomen whowasfired by Thomas for calling aco-worker afaggot). The questionis then, did Hill meet her burden? The answer isclearly no. In this very strange forum, wehad theword ofone person against another. Theonly witnesses that Hill couldproduce wereacquaintances shetold,"I have been sexual harassed by my supervisor/ boss whohasrepeatedly asked me fordates.' * Not oneofthese witnesseswasever toldofany pornographic language. JudgeThomaswasnot even Hill's only supervisorduringthisalleged period of harassment. Hill's testimony appeared credible, butremains justan allegation, since itis notaccompanied by any corroborative evidence. She could notmeet herburden ofproof. Hill's allegations raise serious questions; why wouldany women follow her harasser to anew jobwhen she was secure inher oldposition; why wouldawoman makeover 15 phone calls to her harasser after becoming a lawprofessorand evenmeetwith him socially; why didn'tshe fileacomplaint against Judge Thomas, especially since she worked in the officeresponsible for enforcing the nation's sexual harassment laws; why didshe wait 10 years to make these allegations, when Judge Thomashas now been through 3 otherconfirmationhearings; why didn'tshe keep notes on the alleged harassment, the exact advice her officeprovides othersexual harassed women; whyisn'tthereany pattern ofharassmentwith any other woman during Thomas' entire career; why did she tell two men at the recent ABA convention that shewas excitedabout the Thomas nomination and that he really deserved it; why were some ofher allegations about Judge Thomas' comments found in a case in the Circuit where she teaches (Long Dong Silver) and in TheExorcist(pubic hair in adrink); and whycould sheperfectly describe Thomas' commentsto her 10years ago,while duringthequestioningshecouldnotremember whathappened inthe past week? These questionsandothers prevented Hill from meeting her strong burdenofproof. Themostpowerfulweaponagainst Hill's allegations was. Judge Thomas himself. He wasassertive, genuine,passionate, forthright and extremelycredible. Forthefirsttimeinthe confirmation process, Thomas' brilliance was continuedonpage 10 October 16,1991 The Opinion 5 �"Too Bad Life's Not Like Baseball byJeffErtel Too bad life's not like baseball. If that were the case Warren McCleskey would have the opportunity to come to bat again in a few innings. Instead he is dead. We as citizens shouldbe concerned, not because an arguably guiltyman has been executed, but because his caserepresents the erosion ofindividual rights that hasbeen affected by our courts. We as students should be outraged thataChiefJustice ofthe Supreme Court, onethathas espoused judicialrestraint, has spearheadeda campaign to implement policies thatCongress has decided consciously not to. In general, justice will recognize thatracial prejudiceruns rampant throughout its decision makingprocess, and in essence will condone it. And we, as future attorneys, should express concern at a Court that is willing to discard established doctrinemerely because itspolitical ideology and make-uphave recently changed. Who is Warren McCleskey and whatis this all about? Warren McCleskey has the distinction,besides being the first person executed in the state of Georgia in over three years, ofbeing one ofthe few, ifany, individuals with theirname on two landmark Supreme Court decisions. The purpose of this article is not to debatethe relative merits (or lack thereof) of capital punishment. I leave that for another author. Mypurpose is tobriefly outlineWarren McCleskey' spath through thecourts andbriefly examine the holdings of the tribunals that determined his fate. In so doing, I hope to stir some interestand hopefully some debate in the law school community. In 1978, a group offour black men, including WarrenMcCleskey carried out the armedrobbery ofa furniture store in Atlanta, Georgia. Duringthecommissionofthiscrime a silent alarm was sounded to which a white Atlanta police officerresponded (I makereference to race only because it was a relevant factor inthe post convictionlitigation.) There wereno witnesses, other than theparticipants, to what happened next, but the facts that were presented to the jury were: OneofMcCleskey'sco-defendants supplied informationin return forafavorable plea bargain. That information stated that McCleskey had been the one who shot the officer. This confession took place in Fulton County jail when he and McCleskey were housed in cells nextto each other. , McCleskey s attorney asked that all relevant material concerning the defendant and/or the State's witnesses be turned over beforetrial. Nothing ofsignificance was forthcoming and the State denied that any other material existed. The Fulton County District Attorney (quite out of character) sought the death penalty. This is the same D.A. who decidednot to seekthe deathpenalty in virtu- continued frontpage 4 in thenation to candidly express theirviews for fear oflosing the vote is intrinsically flawed. Because a process where the politician must ultimately confirm the judge and the judge must cater to the politics is inherently wrong. Because the inefficacy and uselessness of Congress, plagued with internal jealousiesand personal likesand dislikes screws thenominee Ambassador continued from page 1 abled military satellites from orbit. Intertwined in the problem of space debris is the increasing demand for mass communication and the technologyrequired to put a satellite in orbit deposits space debris. Once a rocket booster is used it separates from the satellite and spends several years circling the globe as a piece of space junk. The Opinion sentenced to death. McCleskey's convictionwas upheld on appeal and onthe initialfiling for post-conviction relief in State court, his attorney s alleged numerous claims, only two of which are of importance to this discussion. First, they argued Georgia's Capital Punishment scheme was unconstitutional because it wasdisproportionately imposed upon blacks byaratio offour toone. Insupportofthiscontentionanindependently conducted, in-depth, multiple regression study was submitted. Theresearchshowed the imposition ofthe death sentence was based in large part on therace ofthe victim and, to a lesser extent, the race of the defendant. It showed that black defendants charged with killing white victims were 4.3 times as likely to receive a death sentence than were their white counterparts. Secondly, they raised a claim that the ' 'jailhouseinformant wasplaced intheadja- Having had the rare opportunity to be before the Supreme Court twice within five years was of dubious distinction Showing general discrimination is irrelevant, the Court said. In order for a defendant to prevail, he must show that racial prejudice influenced eitherthe prosecutor, the judgeor thejury individually. ...STRIKE ONE Sometime later, new evidence came to light that gaverise to a new claim. This one, however, was not as mundane as a racial discrimination case, but involved deliberate suppression ofrelevant evidence onthe part of the State. A twenty-one page report detailing howthe jailhouseinformant was deliberately placed, by the State, in a cellnext to McCleskey for the sole purpose of gaining a confession, was finally released to the defense attorneys. Itwas reported that inreturn for histestimony, the informant would receive a favorable sentenceinanothercase. Thus, the original claim that was filed in State Court should have prevailed. McCleskey'sattorneys fileda successor habeas corpus petitionalleging that the State violated hisrights by deliberately withholding this information. Once again McCleskey was grantedrelief at the District Courtlevel, once again the Court ofAppeals reversed, and once again the Supreme Court grantedcertiorari. This trip to the Supreme Court would surely be different for Warren McCleskey. There was no denying that the state had violated his rights, by hiding the status of the informant and thuspreventing defense attorneys fromattacking hiscredibility. There was established doctrinethat supported hisclaim; he was going to bespared. Notso! InMayof 1990,the SupremeCourt, led by Chief Justice Rehnquist, held that McCleskey did indeed have a valid claim, however, he should have known ofits existence because he was there duringthealleged conversations. Andeven if he hadn'tbeen there it didno t matter, the Court went on to hold, because hewas guilty anyway. ..STRIKE TWO Having had the rare opportunity to be before the Supreme Court twice within five years was of dubious distinction to Warren McCleskey. Hislegal claims were exhausted and the only hope he had oflife rested with Georgia's Board ofPardons and Parole, this States's version ofexecutive clemency (you remember Ford and Nixon)> Surely here he couldpresent themitigatingfactors ignored by the courts and they would not fall upon deaf ears. McCleskey's clemency attorneys presented considerable evidence that cast doubt on whetherhe was, in fact, the actual shooter. In addition, two jurorswho sentenced him to deathtestified before the Board. They stated that ifthey hadknownofthe plea arrangement between the State and the ' 'jailhouse informant" they wouldnothavevotedfordeath. In Georgia the jury imposes a capital sentence, andtheverdictmustbeunanimous. Onceagain McCleskey presented claims of substance to the tribunal thatwas to determinehis fate, and onceagain came away empty-handed. STRIKE THREE Maybe Warren McCleskey did shoot that Atlanta police officer, and maybe he deserved to be convicted. Then again, maybe the decision to seek capital punishment was motivated by racialprejudices, or community pressure. Likewise, maybe the planting ofa jailhouse informant, and the subsequent suppression ofevidence that McCleskey was entitled to under thelaw, was motivatedby the desire to shore up aweak case against a black robber who was accused ofkilling a white police officer who was just doinghis job. We may neverknow, but it is my hope that when there is doubt in a case that requires the imposition ofthe' 'ultimatepunishment'' we would err on the side ofcautionand not carry out an execution. toWarren McCleskey. centcell by the state and thus he wasacting as astateagentunderthelaw. The State categorically deniedthis allegation and because there was no proof to the contrary, McCleskey's attorney droppedthe claimwhen enteringthe federal courts, in accordance with F.R.C.P. Rule 11's prohibition against the filing of frivolous claims. Theonlyclaimofanysignificance left before thefederal courts wasthe one alleging disproportionate impact based onrace. The Federal District Court granted sentencingrelief on thisissue. However, the Court ofAppeals for theEleventh Circuit overturned, and the Supreme Court grantedcertiorari. The highest court inthis countryacknowledged the validity of the study and its results, but in essence, it said,'' So What? It didn't matter!'' in the hot seat. Thomas v. Hill 6 ally all the cases thatarose after the Supreme Court upheld the constitutionality ofcapital punishment prior to McCleskey's case. And this is the same D.A. whochose not to seek the deathpenalty forWayne Williams, aman who wasconvicted ofsexuallymolesting and murdering numerousyoungblackchildren. Inany event, McCleskey was tried, convicted and And there are serious questions about this process. What ifClarence Thomas really did whatAnita I lill said she did. We will never know theanswer to that question so is it alright to livewith that suspicion forajudge who will decidethis nation' s future? Whatabout reports that sometimes people are not aware ofwhat they are doing or saying? Does that vindicate Thomas? As the curtain drops on this real life drama,Clarence Thomas and Anila Hill will go.Thomas may go to the highest Court orstay where he is,cut his grass,and visitMcDonald's. Anita Hill will go back to teaching in Oklahoma. What will remain is this process. A process that will need to undergo severaldrasticchangesso thatthe Clarence Thomases and Anita Hillsofthe future maynot besubjected to suchhumiliation. October 16,1991 Bar Revu The firstBar Revu meeting got off to ajolly good start atBrunner's Tavern, justoutside the Buffalo cityline on Main Street. The commitment to beer and merriment was evident; Thursday had mercifullyarrived. For those ofyou who missed The Opinion advertisement, the Bar Revu isa group of anonymous law students who gather to celebrate the coming weekend. Wehave nothing to dowith theBar Exam (as somehave mistakenlyconcluded);our tastes tendto be more imported. Molson, Labarts,and Samuel Adams are standard fare at ourmeetings. Back toBrunner's: beer, tunes, and the ballgame. What more does a law studentneed? The D J was quitewilling to satiate our musical needs, but somewhat unprepared to do so. Jimmy Buffet was requested and played, while the Beastie Boys"NoSleep Tilßrooklyn"hadbeen leftathome(these arenot endorsementsof any particular group,onlyillustrations of the eclectic musical tasteofthe Barßevu). In short, an evening ofquality time spentwithpresentand future friends. And George Snyder, too. It's worththe trip. OnThursday.October 17ihfliehappy Bar Revu-ers travel to Sheridan Lanes at 3706 Sheridan Drive for bowlingand brew. First ball rolls at 9:3opm and all law students and friends/acquaintances/ spouses/lovers are welcome. Rumor has it thatRoN willbe there this time. Sodon't miss this week' sadventure. THE NEXT DEADLINE FOR SUBMISSIONSTOTHE OPINION ISOCTOBER23, 1991. PLEASE SUBMIT ARTICLESTO BOX 443 OR 512 �LULU: ous waste in its area. This system isanalogous to an airline's procedure in dealing with overbooked flights. The auction begins at a relatively smallfinancial bonus - Mr. Inhaber suggested ten million dollars- and greater incentives are added to ultimately seduce a county into accepting the waste. Mr. Inhaber reasoned that the system guarantees avolunteer county as the people are willing to accept the detriment. Severalstudentsattending thepresentabyHankNowak tioncriticizedMr.lnhaber'spointofview. One TheEnvironmental Law Society brought second-year student noted thataneighboring Herbert Inhaber to UB last Wednesday to county could suffer damage as a result of discuss his theories to improve methods for leakage o ("hazardous materials into acommon dealing with hazardous waste. Inhaber is an water supply. Others questioned a county's environmental analyst withEcology and Envi- Hazardous Waste as Income? Hazardous waste allures local governments strappedfor cash. ronment, Inc. and operateshis own company, Risk Concepts, Inc. Mr. Inhaber immediately broadened his theories to apply to all locally unwanted land dedication to properdisposaltechniques. One student concluded that an application ofMr. Inhaber's theory wouldresultin further degeneration ofpoor, depressed areas. Mr. Inhaber countered by stating that such areas receive uses," whichhetermed "LULU's," including AIDS shelters and penitentiaries as well as hazardous waste underthepresent systembut hazardous waste depositories, the analyst do not benefitfrom the disposal. In conclusion, Mr. Inhaberrestated that primarily focused on the current public asin public attitude is necessary to change a sumption that LULU's will not be accepted alleviate the "hazardous waste problem." and' 'must beforced downpeople' sthroats.'' Some students left unconvinced thatthehazCharacterizing this attitude as ' 'crazy," Mr. ardous waste could be alleviated by problem Inhaber presented theReverse Dutch AucA free plane tripmay attitude. merechangein tion" as an alternative. make one about an airline seat, losing forget Under theReverse Dutch Auction, every but another Canal is difficult to Love more county (or equally feasible population unit) rationalize. would be offeredan incentive to storehazard- Breaking the Cycle of DomesticViolence byRebecca Eisen On October4,1991,376 persons gathered in Rochester, New York to discuss the ' 'dirty little secret that is now getting attention: Domestic Violence. The focus ofthe conference was to discuss the tacticsofpower and controlwhichare the bases of domestic violence. Domestic violence is the leading cause of injury to women in the United States. Oneofevery two women will be eitherabused or killed by a spouse or lover. Onemillionwomenper year are treated by doctorsfrom injuries caused by domestic violence. These significant numbers tell us that domestic violence isa crime, not a squabble. But, what do they tell our society? Thisquestion wasconstantlyaddressed throughoutthe conference and the answer is unclear. Asa society weare beginning to understand the devastating effects of domestic violence. However, this brutality is entrenched in the way people are broughtup,inthewaypo lice are trained and in the way people on the outside view domestic violence. Whenconfrontedwith the question' 'Why don'tthe women justleave?" the overwhelming response by both victims and those who work with victims is frustration at the ignorance that lies at the base ofthe statement. The manipulation andcoercion usedby some men to givetheir spouse orlover noalternative but to stay is seen in the following story told by Ellen Pence, the founder of a program for batteredwomen inDuluth, Minnesota. There wasa woman who wasmarriedfor seven yearswhen she finally admittedthather marriage was over and that her husband had been emotionally abusive. However, she needed a plan before shecould leave. Without a college degree she would not be able to support herself so she enrolled in the university. Herhusband recognized this act as being thefirst ofmany inhis wife's attempt to leave him. One day when she came home from classes her husband asked "her to clean the garage. She refused, explaining that it was clean. He insistedand she went to the garage. Inthegarageshewas greetedbyherdog, fatally stabbed and hanging from the rafters. It was clear that this wasawarn ing to herofasimilar fate ifshelefther husband. When shedid leave three years laterhe made true on histhreat. As shocking as this story is, it is not uncommon. Everyday thousandsofwomen gohome to fight awarwiththepersontheyfeUinlovewith. The go home to a husband/lover who beats them into submission. The partners use many tactics to control theirwomen,seeing the womanas apossession with which they will not part. A panel of survivorstold their stories, withassurances of confidentiality and discussed the different power and controlmethods usedby theirpartners. Theirstories wereindividual in detailbut common inthemes ofsex and children as tools ofcontrol. Lenore Walker spoke after the panelists, she is a renowned psychologist who , specializes in thebattered women ssyndrome defense. She frequently testifies at trials wherethe woman ischarged withmurdering herpartner. Dr. Walkerasserted thatless than fifteen percent ofhomicides are committed by womenyet when they are convicted, they get longer sentences than men. How does this reflect on ourjustice system? On oursociety? We need to teach the police and prosecutors that the battered women's syndrome is very real. We can no longer accept theattitude of the police that they will no arrest abusers because the cases never get prosecuted dueto alackofperseverancebythevictims. Weneed to setup a system thatresponds effectively to the particular and complex needs of women whohavebeenabusedforalongperiodoftime. women who have had all dignity and power strippedfrom them. How canwe expectthem to face theirabuser, alone, at anarraignment in criminal court? All these questions were addressed throughout the conference. There was a considerable amount offear and frustration expressed but therewere also signs ofoptimism and accomplishment for the progress already made inhelping battered womenescape from their lives offear and helplessness. New York State has established a Domestic Violence Hotline at 1-800-942-6906 and a hotline forSpanish speakers available from7am-l lpmallweekatl-800-942-6908. If youhaveanyquestionsorconcernscontactthe Domestic Violence Task Force at 636-2781. Theoption openfor the survivors at the conference was Alternatives for Battered Women, Inc. located in Rochester. Most referred to it as heaven the alternative they The Influence of Time: Timelessness in Constitutional Interpretation by Tom Winward TheConstitution ofthe United Statesof America, we are told, is not a common piece oflegislation akin to any other type oflaw. It setsout certainprincipleswhichtranscend the influencesofonetimeperiodoranother. Yet, often the time in which a case is decided dictatesthe manner in whichthe Constitution isapplied. This, I will argue, is contrary to the underlying valuesoftheConstitutionandmakes forbad law. What do the following cases have in common: Dred Scot. Roev. Wade. Brown v. Topeka. and Miranda? The answer isfirst that in one way or another they are bad law and can flag ifyou wishbut duringtheVietnam War youcouldnotburnyourdraftcard. Today,you can discuss the merits ofcommunism, but in the earlier part ofthis century such speech wouldhavebeenforbiddenasdangerous. This is the dangerofdefining ourbasicrights by the time in which we live. As forthecases previously mentioned, ho w doesthe in fluence oftheirtimemake them bad law. Therights they seek to outline orthe policies they seek to protectare lessened when made dependent on the timein whichtheyare decided. Roe v. Wade, for example, with its trimester approachlorights, is dependent upon the technology at thetimethecase wasdecided. Undoubtedly some ofthe difficulty the decision faces today centers around the fact that life can be sustained earlier as in the case of premature births. In Miranda the justices began the decision by stating the proposed when re-examined in a differenttime period. warnings were embodied in theConstitution's More importantly, however, it denies the Fifth, SixthandFourteenthAmendments. They American people a clear understanding of felt compelled, however, to discuss contempoexactly whatrights theyare guaranteed under rary studies ofpolicemisconduct, which today, the Constitution. Anoutstanding exampleof in theabsence ofmisconduct, allows the violation ofConstitutionalrights to be viewed by this uncertainty canbe found in First Amendment jurisprudence. Weall know that wehave the court systemas harmlesserror. Tobesure, the freedom to speak, but exactly howfar does this constitutional miscalculation does not only occur on the traditionally "left" sideof thatfreedom extend? You mayburn theAmerisecond they were decided in a way that the Constitution was not designed to all(>w. These cases are all based primarily on the influences ofthe time in which they were decided. Thedisadvantage ofsuch legalreasoning is that it invites the overturning of a case — thought they never had. constitutional issues, hi cases concerning drug Constitution itself, they make law that is contesting for federal employees the Supreme strained by timeand that does violence to the Court specificallymadereference tothe "War basic rights of theAmerican people. By this on Drugs " as the impetus for thedrug testing. observation one might assume that I am a I find it very difficult to believe that one day disciple ofthe great god ofjudicialrestraint, some official will go to the Supreme Courtand this is not completely true. I do believe in the stability and certainty thatit provides but there are times when the status quo offends those timeless rights provided by the Constitution. Weneed only look to our own history ofslavery The disadvantage of such legal reasoning is that it invites the overturning ofa case when re-examined in a differenttime period. to see that at times judicial activism might be appropriate. Butevenin this extreme case the legislature must play an important role, lor slavery this role tookthe form ofa Constitutional Amendment. What then is therole ofjudges and the Constitution? The Constitution itself spells ii out; the courts shall interpret the law. This meansthat alljudgeson the "left," "right" or otherwise must work withthetoolsprovided to themby the legislature. The legislature is the state that wehave won the war on drugs and no body that must look to the influences ofthe longer need mandatorytesting. You can be sure timeand thejudiciary must check il by applying tuneless principles. That this is the role that someday, someone will make that arguthateach body was meant to take isevidenced ment. Quite simply, whenthe Justices ofthe by the fact that the judiciary was to be apSupreme Courtlook to current studiesand to pointed for life and the legislature subject to the newspaper rather than case law and the frequent elections. October 16,1991 The Opinion 7 �From the Desk of the President October 15,1991 byBrian P. Madrazo The last two weeks have seen much happening both withinthe SBA and in the school at large. The Research andWriting Committee has been meeting regularly withtheadministration in aneffort to both insure that thecurrent first yearsand future Buffalo law students receive the best research and writing skillspossible. First year law students have requested thatthe SBAfacilitatean informationalmeeting with theadministration and the faculty whohave agreed to teach next semesters Researchand Writing. TheSBA has agreed to facilitate such a meeting and is in the processof settingadate and a time. Each first year will receive ample notification and it would be helpful for people to submit questions to the SBA as soon as possible in orderthat wehave an ideaas to areasofconcern. Further,lookforasurvey put together by the R & W Committee within the next several days. Moving on to otherareas ofconcern. Alumni Arena and Clark Gym will be conducting a survey October 27, 1991 through November 2,1991. Thepurposeof the survey is to determine who uses the recreation and intramural facilities and howofteninordertosetrates. Currentlythe SBA pays three thousand sixhundred dollars a year to Recreation and Intramurals. That fee allows eachlaw studentto use the , facilities "free ' ofcharge. Itcomesoutto approximately four dollarsperstudent The undergraduates pay approximately nineteen dollarsper studentand aretrying toget us topay more. While four dollars a student is a pretty good deal,nineteen dollarsisnot. It would mean drasticcutbacks to all student groupsand studentservices. Thealternative to the SBA paying is that each student would pay or not beable to usethe facilities. It would behelpful to know what the students think so stopbyor dropa note inmy boxnumber449. J usta quick note onthe SBA meeting schedule. Weare meeting Thursday October 17,1991 verybriefly and then not againuntilthefirstweekofNovember. The October 24,1991 meeting is canceled so thatpeople can go out and do the ' 'Moot Court" thing. Goodlucktothecompetitors. Withrespectto general businessconductedby the SBA overthe last two weeks. SBA allocated onehundred dollars to the Domestic Violence Task Force fora conference in Rochester. The SBAallocated one hundred dollars to Law Students For Corporate Accountabilry as an initialbudget. The SBA recognized the MedicalLaw Society as an official law school group. However,a motionto fund theMedicalLaw Society was tabled until they brought a representative from thelaw school before the SBA. TheSBA is in theprocess ofamending its constitution. The SBA AD Hoc Constitutional Revision Committee has submitted its work to the full body of the SBAforconsideration. The matterwill be debated duringthefirst weekofNovember. Theproposedchangesmustbepassedbythe Board ofDirectors by a two thirds vote and then must be passedby the studentbody in a referendum by a majority vote. If the Board passesthe proposedchanges thefull constitution will be published in the paper for the students toread. hi closing a few words on SBAmeetings. FirsttheyareonThursdaysatspmin room 210 and all are welcome. Debate is often vigorous and sometimes may seem foolish but please remember that it is a political processs and that the Board is charged withensuring that your money is spentwiselyandforthebenefitoftheentire studentbody. Thatchargemeansdifferent things to the different directorsandtherein liesthe basis ofthe sometimes contentious debate. However, you can influence their votebytalking withyour class directorsand by attending the meetings. Letters in support or against motions that the SBA is considering are encouraged orjustdropby theofficetomakeyourselfheard. TheSBA ishereto represent students, acliche to be sure but accurate nonetheless. Ihopetosee you at ourmeetings orin the hallways or in ourofficeandencourageyourparticipation. SBA Meetings every Thursday 5:00 pm 2100'Brian Supreme Court Caseload byAndrea Sammarco, iManagingEditor Advertising Act pre-empt failureto warnclaims broughtafter its enactment? Does FCLApreBy this time, the decision ofwhether or emptastate lawsuitchallenging federal warnnot to allow Clarence Thomas toascend to the ings? Can Rose Cippollone's reliance on lofty status ofSupremeCourt Justicehas been galmorousadvertising claims that L&M cigamade (for better or worse). However, in the rettes were ' 'Just what the doctor ordered midst ofall the turmoil, the attention ofthe helpherestatetorecoverforherinjuries? The Court isbeing diverted by the wealth ofjuicy Supreme Court will soon answer these and issues to be decided in the new term. otherharrowing questions. Willy v. Costal Corporation Eastman Kodak v. Image Technical This case involvesalawyerwho suedhis Services employerin federal court, claiming thathewas Independent photocopying machinereunfairly fired. The federal court determined pairers allege that Kodak violates antitrust that his claimswere governedby statelaw and lawsby illegally "tying" itsmachine sales to dismissed the case on that basis, simultaservice ofthose samemachines, byrefusingto neously imposing Rule 11 sanctions for the saleKodak parts to independent repair firms. screw-up. The lawyer has alleged that the Kodak counters thatitwould be economically federal court, having no jurisdiction overthe absurd for it to lose marketshare by charging case, consequently has no jurisdiction to im- monopoly prices for its parts or repairs, a pose the sanctions, and that the idea of a practice which would integral to a "tying" "frivolous" lawsuit is "unconstitutionally charge. vague." RAVv.St.Paul Cippollone v.Liggett Group This case involves a first amendment Finally, the case you've allbeenwaiting challenge to acity ordinance which prohibits for!! Does theFederal Cigarette Labeling and displaying symbols that arouse' 'anger, alarm 8 The Opinion October 16,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA. Correspondent Dateline: Thursdays, on the front lines oflaw studentpolitics. Ridiculous. Frustrating. Tiresome. These words immediately come to mindas I thinkabout trying to describethe most recent S.B.A. meetings. Yes, I was certainly much too optimistic in believing thatthis group ofpeople could, orwould, settle downand conducttheir business in a rational manner. Moreover, it seemsas if any attempt to achieve this will not be welcome. The battle lines will be clearly drawn, and neither side seems willing to budge. Perhapsthemostdignifiedparticipant at the meeting I observed was Cato, SecondyearDirector ErikMarks' beautiful puppy. The issue, not surprisingly, is figprtances. More specifically, itisthe disposition of the S.B.A.'s "unallocated reserve, '' from which new clubs are funded and existing clubs' budgets are supplemented. The S.B.A. has $2000 in this reserve for the entire year. Although the $100 profit from the S.B.A. party at Mulligan's was recently added to the unallocated reserve, this amountislargely static. Basically, when it's gone, IT'S GONE! Hence, the controversy. Three divergent opinions have emergedwith respect to the dispositionof the unallocated reserve funds: 1. The amount shouldbe splitin two-nomorethan $ 1000should be givenoutthis semester so mat $ 1000will beavailable nextsemester; 2. The amount should be split in two, but since somuchmoney has been givenaway already, the rest might as well be given by the Directors. Moreover, Hank believes and his supporters isnotfinanciallyresponsible, but instead is "ridiculous and anal retentive." More importantly, though, he argues that the money not given to new groupsnow, whentheyneedittoget started, willremain innextsemester's unallocatec reserveuntilitisspentonaneedlesslyhuge S.B.A. party. This conflict has resulted in wha First Year Director Kevin Collins calls 'motion sickness," as one motion after another is presented and debated amids several friendly and hostile amendments Hesays, "Oneweekwedoonethingandihe nextwe do another." First Year Director Sarah Swartzmeyerisalso "nauseous with the groupand fedup withtheprocess. As I stated Previously, this whole thing is extremely disturbing. It seemsas if the Directors' votes are motivated by - vrndictiveness-theyarevotingnotforany- thing butagainst it. While this interaction is momentarily amusing to watch, I am personally sick of the weekly display of immaturity andspite. Itwouldbeonething ifthemembetsoftheS.B.A. showedsome sortofconsideration and respect for each other while voicing their disagreements. Unfortunately, there isa complete lack of courtesy, as evidenced by Second Year Director ScotFisher'scommentduringthe lastmeeting: "Pointofinformation-Marc, you'reanasshole." Thiswasnot,byalong shot,the only such comment,and I apologize inadvance to Scotforusing himas an example. It does, however, illustrate my away,too;3. Theamountshouldnotbesptit point that without mutualrespect and unintwo-newclubsare usuallyformed in the derstanding, progress the S.B.A, in will first semesterand funding shouldbeavail- continue to beimpossible. abletothemsothatmierdevelopmentisnot Outoffairness, Imustaddthatafew restricted. MostoftheClasDirectors hold ofthe Directors have consistently articuoneormoreoftheseopinions in the course lated a single strategy for givingaway the ofa single meeting, depending on which unallocated reserve money, regardless of chib isrequesting funding. Thisisperhaps thechibinvolved. Forexample, Third Year the most disheartening aspect ofthe pro- Director Marc Hirschfield has taken the cess fromthepointofviewofanobserverhardlinethattheS.B.A.shouldnotspend -personal biases and feelings are being morethan$ 1000oftheunallocatedreserve substitutedfor sound policy decisions. this semester. He views this position as Onthe other side, Second Year Di"financially responsible," and warns rector HankNowakhasconsistentlyargued against' 'defecit funding.'' While Marc against dividing the unallocated reserve does have some support for this policy, into two portions, one of which must be namelythat thereseems to have been some saved for the next semester. He maintains silent agreementmadeatthe beginning of mat any silent agreement to divide the the semester to divide the money in this money isvoid, since itwas nevervotedupon way,opposition abounds. orresentment in others on the basis ofrace, creed,religionorgender." The ordinance was used in the arrest ofa white teen-ager who burned a cross in the front yard of a black family. Simon & Schusterv.N.Y.StateCrime Victims Board Royalties generated by books ormovies based on real life crimes are sometimes funneled to the criminals who committed these acts. The"SonofSam"casehasfinallywound its way tothe highcourt, and the issue involved is the consitutionality of state laws which claim the royalties and leave thecriminal with nothing to show for his orher efforts. These laws can be rather expansive in scope, for example, the New York Law even applies to people convicted ofminor offenses. Under its coverage, Martin LutherKing wouWhavebeen ineligible forthe royalties generatedby books and magazines because ofhis civil disobedience. Thelawalsoappliestopeoplewhohave been accused ofa crime but never convicted. GMv.Romein ThescopeoftheContractsClauseofthe U.S. Constitution has again come before the Supreme Court, in the form of a worker's compensation case that challenges retroac- tivelegislation. Statesmaybeprohibitedfrom interfering with private contracts under the little usedprovisions ofthe Clause. Leev. Weisman ShouldarabbibeallowedtorefertoGod ina' 'non-denominational prayer given at a high school? The Supreme Courthasagreedto tackle once again the perplexing question of whereand how to draw the line prohibiting religion inpublic schools. Bray v. Alexandria Women's Health Clinic This case plays into the larger issue of whether federal courtsmay issue injunctions, against anti-abortion protesters who want to block access to clinics. A law which was originally designed to keep the XXX from blockingthe access ofblacks to voting booths, isnow underfireafterhaving been usedagainst anti-abortion protesters. These cases will be instrumental in establishing the constitutional framework on which ourrights and obligations as American citizens will develop. �"THERE'S NO SUCH THING AS A SPORTS LAWYER" . bySaultanH.Baptiste (1L) That was the message given by Mr. RalphHalpernonThursday,OctoberlO, 1991 to those whoattended the firstlecturethis fall presented by the Sports and Entertainment Law Society Mr. Halpern is currently a partner in the law firm ofJaeckle, Fleischmann & Mugel who represent the Buffalo Bills. A previous law professor at North WesternLaw School, Halpern gave a very informational speech onthetopic ofProfessional Sports Law withparticularconcentration onhis specialty football. Halpern stated that the concept of a 'Sports Lawyer' can not be easily classified. He said that the skillsalawyer learns such as contracts, torts, taxation, medical malprac- - Halpern explained that Sports Law is a relatively new field. According to Halpern, the first footballplayer to have an agent was Red Grange whenhe went to playfor the Chicago Bears in 1922. Previously, players were paid $100.00aweekandabout$1000.00aseason which didn't leave much money to pay an agent. In 1933, the draftassignment process was unilaterally established by the National Football League and with the impact oftelevision in the 1960's the necessity for agents became greater. Halpernsaid that in 1968, the firstfootball union was established under the direction of JackKemp ofthe Buffalo Bills. Halpern said that an agent "basically negotiates aplayer' semployment contract. However, anagent also obtainsand negotiates contract, apercentage oftheplayer's contract, or a hourly rate. Halpern said that these fee paymentscan becombined invariousways but these agreements usually do not include the agents expenses. Halpern expressed various problems which have arisen as aresult of having a bad agent such as income mismanagement and excessive fees. A major problem has been conflictofinterest. Some contracts are structured where an agent will get his fee up front, which tends to mean that the player will also be paid upfrontasopposed to deferredcompensation which might be a tax advantage to the player. Halpern explained that if such a con- "Although competitors on the playing field, players are considered partners through the NFL Players Association. " tice, etc. are all necessary elements to efficiently represent your client, whether ateam ownerorplayer. It is not easy to become an agent for a player even ifa player wants you torepresent him, Halpernsaid. Each professional football player is part ofthe unionized National Football League Players Association (N.F.L.P. A.). An attorney must be certified by the union to negotiate particular provisions ofa player's contract such as a player's wages above the minimum set by the union, the form ofpayment, andthe frequency ofpayments. contracts for endorsements, provides investment advice, income management, and legal and tax counsel. He said an agent helps his client get the bestopportunitiesavailable and '' snllhavemoney afterhis[professional] playing career whichaverages 4.6 years. He stated that an agent/player agreement consists ofthree basic elements: (1) the range ofservices the agentwill provide, (2) the termofagreement(oneyearorcareer)and(3) agent fees. There are also various ways fees may be paid. An agent may get a flat fee regardless ofhow much a player gets in his tract includes a signing bonus to theplayer, but the player is not picked for the team, his contract is voidedand the player will have to pay his agent his full fee out of that bonus. A second major problem Halpern has observed is overly aggressive clientacquirement practices where an agent will send out a person(a "runner")toscan campuses to solicit players that may be drafted. Halpern also mentioned the important role the union performsin playernegotiations and benefits. ' 'Although competitors on the playing field, playersare considered partners" through the N.F.L.P.A., he said. The union reviews thecontractofeveryplayerandthereby has developedstandards ofpay through collective bargainingby comparing contracts ofprevious years.' 'Justlike an unionized assembly line worker", Halpem said theN.F.L.P.A. has foughtforplayer'rights such as daysoff,injury protection, and grievance procedures. Halpern's advice to anyone wishing to enter thefield ofSports Law is to develop skills in general areas ofthe law and associate with a firm or attorney who represents players or teammanagement. However, he didnot overlook the factor ofluck in ' 'being at the right place at the right time as an aid in entering this constantly growing area ofthe law. SPORTS? Ralph Halpern isapartner at Jaeckle, Fleischmann& Mugel, the lawfirm which represents theBuffalo Bills. Ifyou play ona team, forfun or for keeps, The Opinion would like to hear about it. Submit any stories or leave a note inßox2l2so that we can talk to you about your team's accomplishments. HALF COURT PRESS HEATHENS TURN TO PRAYER byPeterLorme andMichael Radjavitch OnWednesday, October2,thelawschool HEATHENS played the undefeated MUNCHERS,resulting ma 13-7blowoutof the once undefeated team. Thisvictory evened the HEATHENSrecord at2-2 forthe season. It was a gamethatfeatured good hittingonthe part ofall players, including a five-run first inning to startthe game on very positive note. Apparently, the head games whichthelosing team tried to play by not letting the HEATHENS use theirbats backfired, motivating the HEATHENS to give their best perfor- mance ofthe season. Thiswinningeffortalso featured great defense, highlighted by a dramatic playattiie plateby HEATHENS catcher CharlieLiu. Withthe MUNCHERS making a late inning surge, Charlie Liv dived like a juggernautandtagged therunner outto endthe inning and bring the surge to an end. The following Saturday, October 5, the HEATHENS wontheir first gameby forfeit, Wednesday' s game was not tobe noted inthe "W' column. Playing an opponent withthe best fielding Ihis side oftheBuffalo Bisons, the HEATHEN S offensewas unable to get out of theblocks. TheHEATHENSwerealsotaken by surprise at the other team's vast improvement over last Spring's hitting. Before the HEATHENS were able to adjust, the game was over, and with it the Fall intramural softballregular season. Betterluck in the Spring guys! WITH CRIMINAL INTENT by Michael Radjavitch Saturday's intramural soccer game against HOOF N MOUTH endedleaving the law studentsofCRIMINALINTENTwonder- Roger "Dodger" Sagemtan, gracefully completes his delivery of theball. PeteLorme, team captain and left fielder, wields his bigstick. while the second gameofthe double-header wasrained out. With theirrecord at 3-2,the HEATHENS were in a three-way tiefor first place in their division. With only the first placed team moving on to the playoffs ofthe Fall season, the hopes of the HEATHENS rested on theirperformance in the final game ofthe season. A win witha goodruns forand against ratio would boost them into the playoffs forthe second season in a row. Unfortunately, the result of last ing what had gone wrong duringthe 0-2 loss. Perhaps it was thefact thatthey hadnotplayed in aweek, or thatthe team optedto go with two forwardsinstead ofthe three which worked so well for theirfirst game, or maybe it was just thattheyhadabadday. CRIMINAL INTENT was outplayed at almost all positions. The younger HOOF N MOUTH teamhad farbetter speed, and with only 12 players present for CRIMINAL INTENT, the substitutions so necessary to keep up withthe hightempo ofthe game were simply not available. Itwas immediately evidentthatCRIMINALINTENT wouldhavea toughgameahead ofthemas they observedthe intramuralreferees takingthefield as players forthe opposing team. Winningthetoss,theHOOFNMOUTH captain optedfor sideoffield, giving CRIMINAL* INTENT the ball to open the first half. Once play started, the game moved to high speed and stayed there. The mismatches in speedleft large gaps in themidfieldofCRIMI- NAL INTENT, and the other team took fall advantage ofthese gaps topush theball intothe other halfwith very little interference. This situation leftCRIMINAL INTENT's defense in a precarious position, especially giventhe speed ofthe other team's wings. Aboutmidway through thefirsthalf, aHOOF NMOUTH forward tooka shot on goalwhich hit goalie HankNowakinthehoofandlefthismouthwide openas itbouncedinto the goal, givingthema 1-0 lead. The remainder ofthe firsthalf saw CRIMINAL INTENT attacking timeaftertime in an attempt to tie the score before halftime. Forwards Mark Skoultchi and Constantine Karides, as well as midfielder Francisco Duarte, took several shots on goal, but none made itinto the net. InthesecondhalfCßlMlNAL INTENT went back to a three forward offense, but the other team was ready for them. HOOF N MOUTH adopted adefensive strategy, attacking whenacountering opportunity presented itself. Many such counters werethe result of CRIMINALINTENT's numerous attempts to tie the game, and on one such breakaway HOOF N MOUTH scored to take a 2-0 lead. This second goal was theresult ofa veryheadsup pass followed by a great shot from a very difficultangle; it wasimpossible to stop. The remaining 10minutes were played verymuch the same, with shotstaken onboth sides, but neitherteamwasabletoscore. Thislossdrops the previously undefeated CRIMINAL INTENT toarecordof 1-1 withthree games left to play in the last two weeks ofthe regular intramuralseason. Twowinswouldguarantee themaspot in the playoffs, and thatisthe goal that CRIMINAL INTENT has set for itself. They are scheduled to play again on 10/19at 2:00p.m., andon 10/26at noon. All gamesare held near the EUicott tennis courts and fan support isencouraged. Ifyou haveany questions orsuggestions, please feel free tocontact team captains Michael Radjavitch or Jorge Guerrero. October 16,1991 The Opinion 9 �The Inescapability of Eugenics "A group of law students who shall remain nameless have decided to form a new, unofficial, informal group. BAR REVU There are no mandatory meetings, no by-laws or hierarchy. All that is required is WEEKLY ATTENDANCE AT THE BAR OF CHOICE. Thursday, October 17 This week:Sheridan Lanes 3706 Sheridan Avenue 9:30 p.m. $1.40 a game with student i.d. SEE YOU THERE." Lynching of ClarenceThomas continued from page 5 ity ofwomenand blacks have supportedhis confirmation,and theirsupport has increased since Hill's allegations. It is remarkable thatthe NAACP could unanimouslyreject nesses came forth ofblacks, whites, men, nomination, when he had so the Thomas women, liberals, conservatives, Democrats, support in the black community. I Republicans,and feminists. TheAmerican much to this forthe''Adthoughtthis organizationwas people responded impressive disas that vancementofColoredPeople." Apparently, Thomas should play, 59% concluded not include Conservative Black be confirmed compared with only 28% this does like JudgeThomas. against, including over 50% ofAmerican Republicans Americans have justwitnessed a nawomen (CNN Poll). A striking 67% of American blacks believed Judge Thomas tional disgrace. Yet,thepeoplerespondedto this injusticebyrallying behind adecentand should beconfirmed. Although JudgeThomas felt hisname honorable man inthefaceofa vicious attack. had beenruined, I believe thatithas already We have been presented with yet another been restored. The CNN Poll found that exampleofhowoutoftouch the politicians twice as many Americans believed Judge and special interest groups in Washington ThomasoverHill. Afterhis confirmation, are from the American people. When Ted Kennedy, whohasmurdered a woman and hewill serve the Supreme Court with dissoon has a long history of sexual incidents, is tinctionand this disgusting issue will be forgotten. The biglosers ofthis controresponsible forjudging the integrity ofJudge Thomas, whose entire career isbeyondreversy are the feminists and the black leadhow out of proach, it isnot onlycomical butasad dayfor ership who, as usual, revealed touch they are with their constituencies. ournation. Wecan onlyhope there arebetter , days ahead for this democracy. Since Judge Thomas nomination, amajor- on displayas he devastatedhis Democratic questioners, revealing theirincompetence. An impressive parade ofsupporting wit- by Hans Tirpak Whatwillthe worldbe likeone thousand from now? No-one can accurately preyears dict what problems will face us or what our environment or social structures will be like. One thing that we can be sure of is that the problems facingus willlikely be morecomplicated and severe than those facing ustoday. We as a society can influence in only verylimited ways what our world will belike onethousand years from now to enhance the chancesofhumansurvivalnahappiness. We can try to protect the environment, pass down cultural values, try to curb the development andutilizationofweaponsofmass destruction, tryto maintainand enhancethe genetic diversity of our species and try to increase the number and percentage ofpeople withinthe populationcapable ofdeveloping the level of genius that will be necessary to solve the problems presented in the next millennium. The first four approaches are presently politically popular, while the fifth (known as eugenics) is in political exile because the Nazistook it to heart,added particularly cruel denialofbasic human rights, and thus created incomprehensible and virtually unmatched evil. My undergraduatementor/advisor, whois apersonal friendofmine, wastheonly member ofhisfamily to survive the Auschwitz concentration camp. Having heard him tell ofhis experiences in the death camp, I believe that lunderstandaswellasanytwenty-fouryearold can the potential abuses ofnegativeeugenics whenhumanrightsare notprotected. Eugenie's political unpopularity is also the result ofthe mistakenbeliefthatitisaracistphilosophy. In the early days it was, but, since the birth of modern geneticsabout twenty-five years ago, eugenics is nolonger burdened by thesubstantial lack ofgenetic understanding. Thus, the racist vestiges have been removed to a great extent. For example, unlike fifty years ago, it is now for the most universally accepted that within everyrace and every nationality there arepeoplewiththe fullrangeofpotentialsfrom dysfunctional to exceptional, and that statementsof"Heisofthis race, therefore..." are to be totally disregarded except in relation to verybasic physical attributes. It seems only natural that any societal intervention in determining or influencing whom hashow many children willnecessarily be immoral and accompanied by a denial of basic humanrights. This is simplynot thecase. Iwouldnotsupporteugenicsifitwere. Firstof all, virtually every aspectoffunctioning societies, including those societies which are strongly dedicated to enhancing moralityand protecting humanrights, influenceswhom will have how many children. This is theresult of The Opinion October 16,1991 Secondly, societycan influencewhomhas how many children by encouragingpeople ofcertain groups to exercise their right to bear children. This iscalled positive eugenics and can be done withabsolutely no denialofindividualrights. It is intellectually dishonest to claim eitherthat genetics plays norole in the development ofintelligence orthatintelligence in no beneficial toaperson's chances ofsurvival. A recent study has shown that genetics is responsible for about seventy percent of a person's intelligence. Intelligence is simply the ability to learn and is thus universally applicable. So, what is left is the rather complicated problem of determining which groupsofpeople should beencouraged to have morechildren, who is to decide,and how to do thiswithoutdenying anyone basic individual rights. For example, I think thatNobel scientists should beencouraged to have more children, while people with severe genetically based handicaps should not. Everywhere in between is afuzzy grayarea. There are numerous waysofapproaching these determinations, all of which have significant flaws. Thebest wecan do interms ofincreasing the percentage ofpeople within the population with high genetically based intellectual potentials would be to encourage thegroups ofpeople who are most likely tohave high geneticallybased intellectual potentials to have more children. Determining which groups are to be encouraged to have more children isparticularly problematic forseveral reasons. First, it is widely accepted that standardized tests are inaccurate. Second, nepotism, racism and racial preference programs are übiquitous in our society, thus making socioeconomicsuccess apoorindicator of genetically based intellectual potential. Thequestion is whetherthesefactors shouldbe used in spite oftheir flaws as a basis for the abovementioned encouragement. So, do wesay " Screw it" andjustleave things to themselves because it would be difficult to make the above stated determinations? That was my firstresponse, butupon furtherreflection I realized thatevery moment of our lives society is influencing whomhas how many children. Haveyouseen the television shows "Murphy Brown," "Cheers," or "Married.. With Children" yet this season? Since society is influencing whom hashow many children, I think people should have a say in this encouragement and that society should at least try to use this encouragement to heighten our species' long term chances ofsurvival. I wouldappreciate any input on this subject (except personal attacks) inLaw Box 545. Career Development Office Recently representatives ofthe Student Bar Association (SBA) informed CDO of student concern about procedures used by this office in the forwarding ofapplications to employers participating in our programs. Specifically, there is a concern that CDO is prescreening resumes on the basis ofclass rank and law review. CDO sendsallresumes thatitreceives to employers, withveryfew exceptions. Those exceptionsare described inthe 1990CDO Handbook undertheheading Interview Program: GeneralProcedures," (p. 7). They areas follows: 1.Ifan employerrequests thatapplicants be froma particular class year (i.e., secondorthird-year),CDO will forwardresumes only ofstudents in thatclass year. 2. If an accounting orpatent firm has an educational requirement (e.g., accounting, engineering, or scientificcourse background), we will' 'pull the resume ofa student who clearly does not meet thoserequirements. However, we always give the studentthe benefit ofthe doubt. This year we didnot' 'pull any resumes for lack ofthis type ofqualification and, on those few occasions in the past when we have, the students involved were informed ofour action. The only other exception is when wenotice an inaccurate or fraudulent statement or statistic onaresume. Again, the student is notified ifhis/herresume is"pulled" forthisreason. This problem didnot occur even once this year. CDO doesmaintaina list ofresume/applications submitted to employers through our office. Students are welcome to come to CDO and have us check if theirmaterials were forwarded. 10 socialpressures and theawarding ofresources inrelation to expected societal contributions. �HUMAN RIGHTS WEEK The Graduate Group on Human Rights and the National Lawyers Guild will be sponsoring Human Rights Week, October 14 through October 18, 1991. On Wednesday, October 16, Dr. Robert Harris, a Rockefellor Fellow, will be facilitating an informal discussion on ' 'Diversity, Division, Diversion the Multi-cultural debate.'' The discussion will take place in Clemens Hall, Room 830, from 12:15 to 2:15 pm. On Thursday, October 17, there will be a Human Rights Week meeting in Room 408 of O'Brian Hall, at 3:30 pm. At 7:30 pm, in the Margaret Grant Lounge of Caudell Hall on the Buffalo State Campus, the Middle East Task Force of the WNY Peace Center will be sponsoring a lecture on ' 'Countering the Western View of Islamic Fundamentalism.'' On Friday, October 18, Virginia Held will be speaking in Room 684 of Baldy Hall, at 3:30 pm. Her topic will be ' 'Feminist Moral Inquiry-'' - LECTURES On Wednesday, October 16, the Lesbian and Gay Law Student Organization will be sponsoring a discussion with Mark E. Wojcik, J.D., LL.M., an expert and national lecturer on AIDS Law and HIV Testing. He will be addressing ' 'The Questions and Controversy Over Mandatory HIV Testing For Health Care Workers.'' The discussion will take place at 4 :00 pm. in the Fifth Floor Faculty Lounge of O'Brian Hall. A question and answer period will follow. On Monday, October 28, at 6:00 pm. in Room 210 of O'Brian Hall, the Sports and Entertainment Law Society will be sponsoring a lecture with Leslie Greenbaum, a partner at Gross Shuman Brizdle and Gilf illan. Mr. Greenbaum will be discussing copyrights, publishing, patents, and other issues in Entertainment Law. CDO EVENTS First Year and Transfer students are required to attend a CDO Orientation meeting on either Monday, October 21, or on Wednesday, October, October 31. Both meetings will take place at 3:30 pm. in Room 106. CDO will be holding four sessions on resume writing, and encourages First Year and Transfer students to attend: Monday, October 28, 11:00 am., Room 210 Wednesday, October 30, 12:30 pm., Room 210 Thursday, November 7, 3:30 pm., Room 109 Friday, November 8, 1:00 pm., Room 212 MEETINGS SCC Meeting: Thursday, October 17, First Floor Lounge, at 2 pm. The topic of discussion will be Congressional Term Limitations. AWLS Meetings: Wednesday, October 16, First Floor Lounge, 4 pm., and Wednesday, October 30, First Floor Lounge, 4 pm. CIDER SALE AWLS will be selling cider on Tuesday, October 29, from 8:30 am. to 12:00 pm. on the second floor of O'Brian Hall. LAW LIBRARY EXHIBITS The Law Library welcomes exhibits by law school student organizations on topics relevant to their missions and interests. To propose an exhibit for the hall showcase and/or library display cases, see Iris Reese in Room 208 of the Law Library. HIBERNIAN SOCIAL The Hibernian Law Society will be holding its first social from 7:00 to 11:00 pm. on Thursday, October 17, at Checkers Tavern, 1854 Hertel Avenue. For $5.00 at the door, eat and drink all you want! 1 DeSITIOnd MOOt \-.OUr*L wpu3Xe.*. - DesmondMootCourt Schedule PRACTICEROUNDS Fri. Oct. 18 4-Bpm in Rooms 108& 212 Sat. Oct. 19 2-6pminßoomsloB&2lo Sun oct 20 5-9pminßooms 108&210 PRELIMINARYROUNDS-theonesthatcount. Oct22-24TimeandRoomtobeannouncedbyteamnumber. - QUARTERFINALS Fri. Oct 25 6:30-B:3opm SEMI-FINALS Sat. Oct. 26 11am FINALS October 16,1991 The Opinion 11 �I BAR REVIEW ENROLLMENT) / DISCOUNT W / ■ A $230 DISCOUNT oil the $1325 bar review course (union. (Your tuition: ■ The Gilbert Multlslale Diagnostic Clinic FREE. (Regular BAR/BRI student tuition $95.) ■ The Arthur Miller CPLR Mini-Review $1095) ■ The New York Essay Advantage FREE. (Regular BAR/BRI student tuition $175.) jBC HC •Bβ *B* *B* *c* Jβ* •?* ' When you register lor the BAR/BRI New York bar review course. You receive: Be I & fce-ye FREE. (Regular BAR/BRI student tuition $75.) •?* fi4ff fffV/FW MPRE COURSE LOCATION INFORMATION ALBANY LAW SCHOOL BRIDGEPORT LAW SCHOOL - 001 Sffi^.l^^JSl CUNY LAW SCHOOL HOFSTRA LAW SCHOOL MANHATTAN Sat., 11/2 Sun., 11/3 _ fat. Sat.. # 01 Hif2WJA^^SSS WNEC LAW SCHOOL " YALE LAW SCHOOL 9AM-IPM 1 0AM " 2PM East Wmg Room 14 Room 10β Room 135 Room 308 Ramada Hotel at Madison Square Garden BAR/BRI Office BAR/BRI Office BAR/BRI Office BAR/BRI Office mw, Preston Hall-Room 401 °° Room 108 Room 202 Brooks Had 8217 Knfcht Haß-Room 115 10AM-2PM Room 126 --- 10AM-2PM 10:30AM 2:30 PM 11AM 3PM 11 /2 Wed.. 10/30 6:3OPM 10:30PM A Sun.. 10/27 UVE 11AM 3PM - B-Sun.. 11/3 PACE LAW SCHOOL RUTGERS LAW SCHOOL SETON HALL LAW SCHOOL SYRACUSE LAW SCHOOL TOURO LAW SCHOOL 9AM -IPM C Thurs., 11/7 D-Sat., 11/9 E Tues., 11/12 Sat., 11/2 Sat.. 11/2 Sun.. 11/3 Thurs.. 11/7 Sun.. 11/3 !*•• 11/3 Sun.. IV& Sat.. 11/9 - - 11AM-3PM 6PM 10PM 11AM -3PM 6PM 10PM 10AM 2PM IPM-SPM 11AM-3PM SPM 9PM - - - 10AM 2PM Room A � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c2a52c3b5dba49dc9e3736a600c7f55f.pdf 2943d85aa569361c3a1da4da8d052ac9 PDF Text Text Volume 32 No. 6 TO HE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 29,1991 1991 Moot Court Competition Comes to a Close by Snkant Ranxaswami andMichael ing theevening hoursoflastTuesday, WednesEditors day and Thursday. Those teams who managed For the past three weeks, the UB Law to submittheir briefs ontime, onlyabout half School has been abuzz with the excitement ofthosecompeting, wereforced to gooff-brief surroundingthe sthAnnual CharlesS. Desmond only once, while those who were late had to Memorial Moot Court Competition. A subtaketheoff-briefpositiontwice. This penalty stantialnumber ofsecond and thirdyear stuis actually a very small price to pay when dentsparticipated, with nearly seventy teams compared to the points dockedfor late briefs, onepoint for every 20-minute period orportion contending for honors in this year's competition. Countless judges,ranging inexperience thereof Each side's argumentrequires agreat from recent graduates to somewho actually sit deal ofpreparation, and itonly gets easier the on the bench, volunteered their time to make second time around, no matter which side is this event possible, as didthe many firstyears represented. who workedasclerks inthepreliminaryrounds. After three exhausting preliminary The preliminaryrounds took place dur- rounds, the quarterfinals, and the semifinals, . only four competitors were left. Michelle Parker.MichaelCulp. CarlaGoldstein. K.Jill Barr. Different issues, opposing sides, one aim. Win. As the finals ofthe 1991 sth Annual Charles S. Desmond Memorial Moot Court Competition gotunderway on Saturday,October 26, 1991, at 3:00 p.m., the air in O'Brian HalTsmootcourtroom was filled withexcitement and tension. Would the petitioner or respondent win? How wouldthejudges weigh the arguments? Whatkinds ofquestionswould they ask? Would expert testimony on the ' 'batteredwoman's syndrome" betheorderof the day? WouldMrs. Kathleen Young'shospital statements be ruled admissible? Carla Goldstein was the first to speak, representing the petitioner, the People ofthe State ofNew York. She was extraordinarily articulate and superbly poised, answering the judges' questions on the admissibility ofexpert testimony withconfidence and conviction. Ms. Goldstein also did a superb job of gettingback to her points afterthejudges tried to distract her. Michelle Parker, K. Jill Barr, and Michael Gulp also displayed valiant efforts. They did well in the face of very difficult questioning. MichaelCulp performed admirably under the circumstances, standing his groundandhumorously dealing with thejudges. The five judges - Doerr, Filvaroff, Jasen, Denman, and Callahan, did a good jobofelicitingresponses from the competitors withre- gard to previously untouched issues. Some comparisons thatcometo mind are the differcontinued onpage 8 1991 Moot Court Finalists MichelleParker andMichael Culp Registration Reverts to "Lottery" System K. Jillßarrand CarlaGoldstein, winners of the 1991 Charles S.Desmond Memorial Moot Court Competition. Carlaalso won second best oralis t. Students Protest bySrikant Ramaswami, NewsEditor Twenty-five students gathered on the third floor of O'Brian Hall on Wednesday, October 17,to protestthe presence ofmilitary recruitersatthelawschool. The protest comes on the heels of GovernorCuomo'srefusal to enforceanorder by the NY State'sDivision of Human Rights which declared that the law schoolCareer Development Office fellunder Executive Order 28. EO 28 prohibits state agencies from discriminating on the basis of sexual orientation. BrendaMattar, thePresident ofthe Law Student Organization saidthat"itis important to send a message ofhow we feel about the issue.'' Mattar proposedthata strong message to the division ofthe humanrights office was due. She clarified that the protest was not aimedat supporting, endorsing, orbanning the military from campus, but whenthe military conformed tohumanrights, shesaidthey would be welcomed. As the students assembled, the chants began. "Hey Hey Ho Ho, we'vebeenjerkedby Mario!'' Open up the law school door, JAG Corps discriminate no more." The students marched up to the fifth floor chanting these slogans,outside the doorwhere theJAG Corps wereholding interviews. The intense opposition toanti-discrimination at this university has an illustrious history. In September 19751IB I aw School developeditsown Career DcvclopmcnlOllicc (CDO) and enacted an Anli-Discrimination JAG Corps Policy in order to prohibit employers who discriminate from using CDO's facilities and support services. The Law School Faculty consistently amended this policy inresponse to developments in State and Federal laws(i.e. , adding, as protected,' 'maritalstatus ' in 1979 , ' 1983). and "veteranstatus in In September 1988, the Law School Faculty unanimouslyvotedto amend theCDO Anti-Discrimination policy to include sexual orientation. This amendment is developed consistentwithGovernor Cuomo' s Executive Order#2BandSUNYßoardofTrustees' ResolutionB3-216. On February 17,1988President Sample announced that the entireLaw School AntiDiscriminationpolicy would be held in abeyance, for the first time in fourteen years, and thathe,alone, would decidethe policy forthe entireuniversity. However, on April 18,1989, seventyfive UB students demonstrated FBI recruitmenteffortsatthe law school. Citing theFBl's policy ofdiscrimination against gaysand lesbians,as wellas aFederal D istrictCourt ruling that the FBI discriminates against Hispanics, the students blockedthe doorsand successfully kept the FBI from recruiting. On May 10,1989, one week afterfinal exams, President Sample announced hisdecisioii that he wouklallow employers who discontinued on page 9 The registration process at SUNYBuffaloLaw Schoolhasbeenoverhauledby Karen Waltz,Registrarforthe Law School. Hilherto,flic process had beenoperated on a first-come-first-served basis with students ' 'camping out the night before the firstdayofregistration. Aftera considerable amount ofcomplaintsfrom studentsof alllevels,thenew lottery system wasimplemented to provide a more egalitarian approach towardIhecourse registration process. Commenting upon the new system, SBAPresidentßrianMadrazo stated"the newpolicy willrelieveprcssureon students who feelcompelledtocampouttogettheir courses and is more equitable toward students who cannotafford to camp out given theirpersonalresponsibilities towardfamily,for example parenting, ordue to living an excessive distancefrom the campus.'' Personalry.Madrazohasbeeninsupportof the new registration system for some time. SBA representative Darryl McPherson commented that "it will be interesting to see what happens" when questionedabout the new process. Eva Doukakisreferred to(he former systemas "barbaric" and pointedoutthat even if every student wanted to register earlier,there isn 'tsufficient space toafford them the opportunity. "Whatalternativeis there? I work twojobsjdon'thavethe time to come here early in the morning to wait for registration to open.'' Last year the studentswaiting overnightweremovedby Public Safetyto the computerlab inBaldy Hall, with thepublic safety officersciting fire codes as the reason for moving the groupofstudents. SBA DirectorNorbertHiggins supported the change inregistration and stated that"this is a fair system allowing those students who don'thave theresources to stay overnight forregistration to get some ofthe courses they need." SBA Director Sabatino Santarpia strongly supportedthe change "it'sabout time we were able to do something about the much despised, selfdegradingpre-registration fiasco.'' New and improved R&W page 3 Second Amendment page 6 Half Court Press page 9 �I I I I H H ■ ■ H£3l r*™*sW w! REGISTRATION MUST BE RECEIVED BY 11/1/91 I -*»H«- II I **\9 c PieP er Course Includes: * £ssay writiiw Complete lecture series , THE)*"- * H *Mv Itistate Practice |A| Bi IH Hi Hmd Exam m dExam H Multistate Professional £I Hi H|w H I■ CPVPTBT yr DUlAll ■ Multistate Bar Review Course by November 1, 1991. Responsibility Exam * Multistate Volume §H jH I B — JOfin lWperS Ml US /„ plnoo r iiirlrtnr>n , ill-\slUoo UUICIUnCe For more information see your Pieper Representatives or contact- PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. WM The Bar Course That Cares. |H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: 747-4311 ■ H PIEPER REPS.: 2 *w |H BH H H Professional Responsibility H X|l|lf|nlT ill * Law student's discount of $200 will be deducted from the cost of $1,250 for any student still in law school who registers for the Pieper New York ■■ I ■ The Opinion Trini October 16,1991 Ross & Sabby Charles Santarpa �Reservations on New R by Mike Fallon The nexttwo weekswill be veryimportant for 1st year students. The Research & Writing Committee willbe presenting its findings to the SBA, who will then conduct an "informational" Town Meeting to address issues and concerns. Unfortunately for students,it is the facultyand administration who holdall the research & writingcards. After interviewing the ten R&W instructors and discussing the problem withthe administration, it is clear that the hastily adopted newprogram lacks faculty support and a vision for the future. We enter November having onlyrecently found out who will be teaching. Not onecurriculum has been prepared asofthisdate. The needforresearchand writing instructors has decimated the spring semester upper level course offerings. First year students have already lost faith in this experiment; last week, one R&W class had &W only 33 ofBl students in attendance. Whiletheadministration would have us believe differently,the new program has created moreproblems than it has solved. Stressing diversity ofsubject matteroverworknorms and flexibility overoutput, theneedsofthe first year students are to be served at the convenience ofthe instructor. Diversity of subject matter is an interesting concept, but it cannot supplant individualizedattention, athoroughly prepared curriculum, and instructors who are first and foremost dedicated to research and writing. The new program might prove to be superiorto thatwhich itreplaces, but wehave no guarantee that it will be. And whatislost includescontinuity andan element ofuniformity that would ensure each student an adequateresearch & writing experience. Professor Finley' s Torts/R&W section shows thata faculty taught R&W programcan Program succeed. But consider that Professor Finley has a T.A. and only 13 students. What can students expect from aprogram where instructorswillhave 25 ormore studentsand no T.A.? Overworked faculty may face a choice between publication and research goals, their families, and their students. Are the' 'volunteers' ' ready to sacrifice for their students, or havetheirchoices alreadybeen secretly made? The R&WCommittee'sMinimum Standards willbe proposed tothe faculty Academic Policy & Programming Committee orAPPC (which, curiously, hasnot yet met this semester). Students should consider the state of confusion surrounding theR&W programand urge the faculty to act now to change this situation, before it is too late. The author is co-chair ofthe SBA Research & Writing Committee. The disabled do those with certain neurological disabilities (like Specific Learning Disabilities), were effectively prohibitedfrom taking theLSAT. There was no Braille version ofthe testand no not make it into the pie charts... provision for giving disabled students extra timeto have instructions and questions read to experience aneven higherlevel of frustraaloud or assistance in handling papers and tion posed by the differing and specialized marking answers." Indeed, when I wasa law needs requirements. The question follows, student here from 1976 to 1979, the blind will they be able to handle the extra load of students I knew back then toldme thatthis law problems and frustrations on top oftheregular school simply didn'trequire them to produce Law School Experience and should they be an LSAT score, since there was no way for givenachancetotryit,attheexpenseofanonthem to beable to take the test. handicapped applicant? , The law school here chose to review Thosewith''hidden ' handicaps, such othercriteriaand evaluate the students withas learning disabilities have an additional outthe benefitofthis score device. But atother burden ofproving that theirhandicap isreal. law schools, theburden was on disabledappli- According to Laura Cooper, "It'sfrustrating, cantsto beable to fitthemselves to the LSAT embarassing, andhumiliating to discover that test in the regular way it was administered in order to be integrated you have topoint out despitebarriers whichtended to make the test thatyou are differentand require special help." all but possible to complete. According to you consider that there are 43 When Laura Cooper, chair of the ABA's Disabled million disabled Americans and the fact that Lawyer's Committee, that once disabled apthe Rehabilitation Act of 1973 has been in plicants managed to get overthis hurdle, itwas place since 1977,and thenlook at any survey thenroutinely expected forthedisabled appliof the American labor force, you will cants to have a higher score than their ableimmediately realize that the disabled have bodied peers. Section 504 and recent ADA been "a minority rarely visible and rarely Legislation have been effective in ending this acknowledged" and that is still largely the formofdiscriminationbyLaw SchoolAdmiscase at present! Surveys generallyexamine sions policies and procedures. Since 1984, minority employment in termsofrace and sex; ETS (Educational Testing Service-creatorof rarely are disabled included as a category. theLSAT and MBE exams)hasbeen willing "The disabled do not make it into the pie to provide customized accomodations forthose charts'' whenaffirmativeaction programsare disabledlaw studentswho request them. planned. The Student Lawyer article cites But the Student Lawyer article says Census Bureau datastatingthat 3 5.7percent of "ETSflags theresults, informing law schools dsabled men, ages 16to64,are working full or ofthe nature ofthe accommodations so that part-time and that a disabled man is almost eachlaw school may make its own evaluation three times as likely to be out of workas an (ofthe disabledapplicant.)" This information able-bodiedman. Asfordisabledwomen-only will put the law schools on notice that the 27.5 percent are in the workforce. student is disabled, even ifthe studentappliThe Student Lawyer article paints a cant has decidednot to tell thelaw schoolthat pretty grim picture for disabled law student he or she is applying to, ofthe existence ofa graduates being able to secure employment disability. Handicapped applicants are proafter graduation. "The tendency continues by SaultanH. Baptiste The battle ofthe Wild West is stillbeing fought in the greatplains of Alaska as Congress decidesthefateof theGwkh'inlndianNan'on. Indigenous tonortheastern Alaska and northwesternCanada, the centuriesoldtradition ofthe Gwich'in Athabascan Indian is threatened in the name of 'progress. OnOctober22,l99l, Joseph Hill spoke in the U.B. Law School lounge regarding the destruction of the National Wildlife Refuge in Alaska. The event was sponsored by the National Lawyers Guildand the Native American Peoples Alliance. Joe Hill spent last summer in Arctic Village, Alaska.where he lived Disabled Law Students Face Greater Difficulty in Shrinking Job Market byAngela Gott, SBALiaison toABA tected by federalcivilrights laws from having Handicapped Americans number anes- to admit the existence of a disability when timated 43 million people according to an applying to schools, sothis confidentiality is article in February' s Student Lawyer byDale effectively breachedby ETS. C.Moss, "Disabled Law Students FaceMany Accomodations forhandicapping conBarriers to the bar (Law Student Division, ditions afteradmission is "still verymuch ad ABAMagazine)~approximatelyathirdofthis hoc.'' Theodore Kovaleff, assistant dean at group is hearing impaired and a sixth ofthis ColumbiaLaw School, hasstudiedthis matter groupisvisuallyimpaired. Whenyouthinkof and has "tentatively concluded that state the population ofthe United States, some 2 50 universitiesand' 'hungry schools,'' paticularly millionpeople who do not realize the portion those with new plants, are most likely to be whichis disabledbecause historicallythey'ye attuneed to the needs ofthe disabled." All law beentreatedasthoughtheydon'texist. Indeed, students will generally agree that the "Law historically theywere keptaway fromsocietySchoolExperience" can be exceedingly frus-out ofsight, out ofmind. In thelast tenyears, trating at times. Therefore it seems quite the number of disabled college students has logicalthatdisabled students wouldbe thought tripled and these numbers are similarly increasing at our country' s law schools. According to StudentLawyer.'' it used to be that blind and quadriplegic students or 'DANCES WITH , WOLVES ISN'T JUST HISTORY . strong among employers, especially law firms, to equate disability withinabilityaccording to DaleC. Moss in hisarticle. He says that "not all handicaps are equal in their effect upon a prospective employer's'favorite handicap' is 'a clean orthopedic problem. perhaps an amputee on crutches, orsomeone in awheelchair withonly partial paralysis ofthe lower limbs,accordingtoamajorplacementagency forthe disabled." Campusrecruiting programs dolittle or nothing to help disabled studentsfind employment andrecruitment programs like job fairs for minoritiesnever include the disabledas an eligible minority for participation. Theplanners just haven'tconsidered it,because more thanlikely, the plannersare not disabledthemselves and don't see how the world discriminates against the disabled too. The disabled are going to have to organize themselves to demandapieceofthatpiechart beforeCareer Placement Organizersdo anything to promote the hiring ofthe disabled. As if Law Shcool wasn't difficult enough, mostofthe disabled studentsrealize thatthe next big hurdle will be passing their state's Bar Examinations, and they willbe in needofaccommodationsonthoseexams. I feel thatiftheLaw Schools take theaction to admit these students and thus provide disabled students spaces that able-bodies students originally took they are obligated to help those students who are successful in completing Law School to procureaccommodations tothe same extent for taking the Bar Examinations. It is not logical to puta minority groupthrough theLaw School Experience,'' ifupon graduationand due to denial ofproperand complete accommodations on the Bar Exam, these students willnotbeable to passand thusnever be able to function as attorneys. Law Schools need to educate theState Boards ofBar Examiners and not leave individual handicapped students to hang in the wind alone and abandoned oncethey graduate. Laura Cooper calls this "a horrendous problem" and says that "Bar review courses usually prohibit taping andareofleninaccessible." Ms.Coopersums it up quitewell in saying: ' 'Certain disabilities, mainly neurological inorigin, have yetto berecognized by examiners,and there is alack ofpredictability and consistency in their extemporized accommodations for others." Justrecently, theBuffalo News carried anarticle that only 32 persons are being hired to police 650,000 businesses across theNation to ensure compliance withthe Americanswith Disabilities Act. It is clear to me, that the federal courtsaregoing to be facedwithforcing employers to hirethe disabled, justas they' ye forcedthehiringofolherminorities. Voluntary Compliancedoesn'tseem tobe"The American Way!" among the Gwich'in Indians. While there he ate the food on which these people thrive - the porcupine and the caribou. The caribou, a descendent of themoose, is thefocal pointoftheir way oflife. Like the buffalo ofthe west, these indians rely on this animal as theircoresource offood, clothes, and tools. Thebirthplaceandnursery grounds ofthese animals is the target ofmajor oildrilling and development. The developers say that the oil drilling will not destroy the environment, butthe Gwich' inIndians fearthat an accident, suchas the one caused by Exxon in thePrince William Sound, is possible and will destroy an entireecosystem and theirmeans oflife. Caribou biologists havealready seen dramatic changes inthe mortality rate of these animals and say that a change in their migration path will result in thereductionof2o-40%ofthe herd. The lack ofthis most important resource may force the Gwich'in Nation torely on welfareandfood stamps and learnanew dietwhichmay damage their immune system. Currently 80%of aGwich'inlndian'sproteincomesfrom the caribou. Maybe Congressthinks thatIndians are not important enough to consider when making energy decisions, but the 9000 members ofthe Gwich'in Indian Nation are mounting anaggressive battle to sustain theirlife inAlaska. The Gwich' in Indians are askingCongress to declare the area targeted for drilling a "Wilderness Area" and it would therefore be permanently protected. TheGwich'inlndians feelthat to allow thisform ofdestruction would violate their internationally protected civilrights. According to Article 1 of the International Covenanton Civiland Political Rights, the Gwich'in Nation claims that they, as a people,' 'may in no case... be deprived ofit's ownmeans of subsistence." Canada has already protected its portion ofthe land as a wilderness area. It is estimated that approximately 3.3 millionbarrelsofoilexist in the targeted area. The question is whether ornot sixmonthsofoilis worth destroying awholeculture. As said by Sarah James, a resident ofArctic Villagebefore the Subcommittee on Fisheries, Wildlife Conservation and the Environment, "This is notjustan environmental issue, itisabout the survival ofanancient culture that depends onthe caribou. It is about ourbasic tribal and human right to continue our way of life." October 29,1991 The Opinion 3 �OPINION 41™ Volume 32 No. 6 October 29, 1991 Editor-in-Chief: Managing Editor: Business Manager: NewsEditor: John B. Licata Andrea Sammarco Natalie Lesh SrikantRamaswami Features Editor: DarrylMcPherson Layout Editor: Vito Roman Photography Editor: Michael Radjavitch Staff Writers: Kevin Collins, Saultan H. Baptiste Contributors: Rebecca Eisen,Jeffrey Ertel, Angela Gott, Bill Kennedy, Brian Madrazo, James Maisano, Hans Tirpak,Tom Winward, Paul Roalsvig EDITORIAL Few skillsare morefundamental to the attorney than theability to do competent research and to writeeffectivelegal documents. In the finalanalysis ofa legal education, perhaps this isthe most tangible skill acquired by all students who attend law school. Given this cardinal role of our collective future, the Research and Writing (R&W) program's future at SUNY-Buffalohas beentheconcem ofmany students, professors and administrators. TheSpring 1992 R&W programhasbeenproposedinaskeletalformand has been greeted with apprehension on the part ofthe students. The program is an experimental onewith the proponents putting forth theirbest face andpromising a full faith effort on the part ofthe educators. Law studentsat all levels are viewing the R&W program in a skeptical manner, thefirst year students wondering whatbenefits they willreceive from the exercises and the rest concernedwiththe impact upon employment opportunities. The aspect ofthe present program thathasraised eyebrows is the involvement of faculty at the level that used to be occupied by teaching assistants. These faculty members have not beenknown for theirinvolvement in R&W and the new found willingness toparticipate has students wondering about themotivation ofthose faculty members. Common concerns among the student body are whether thefaculty will devotethe timenecessary to make the program an effective one andwhetherthe faculty involved are qualified to teach anR&W program. These questionshave been met withsurprise that the collective integrity ofthe educators at the law school is being questioned concerning the topics ofeducation and the welfare ofthe studentbody. The questions asked by the students are aimed at strengthening the program, not at tearing itdown. Many ofthe studentsat SUNY-Buffalo have professional experience in onerealm or another and should not be dismissed for lack ofadministrative knowledge. To bepart ofa new program or grand experiment is something ofintrinsic value. Ho wever, when thecost ofthat experience is aloss ofanelemental ability inone'schosen profession, the price becomes too acute to be stoically endured. Copyright 1991. TheOpinion. SBA. Anyreproduction ofmaterials hereinis strictly prohibited withoutthe expressconsent ofthe Editors. TheOpinionis published everytwo weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew York at Buffalo School ofLaw. The views expressedin this paper are not necessarily thoseofthe Editors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclasspostage entered at Buffalo, NY. Editorial policy o fThe Opinion is determinedby theEditors. TheOpinion isfunded by the SBA from Student Law Fees. The Opinion welcomes letters to the editorbut reserves theright to editfor length and libelous content. Letters longer than threetyped double spaced pages will be edited forlength. Pleasedo notput anything you wish printed underouroffice door. Submissions can be sent viaCampusorUnitedStatesMail to TheOpinion. SUNYABAmherst Campus, , 724 JohnLordO Brian Hall, Buffalo, New York 14260orplaced in law school mailboxes 443 or 512. Deadlines forthe semester are the Friday before publication. Submissions forThe Opinion should be typed and double-spaced oron ffiM compatible diskofeither 3,5" or 5.25" format, using any ofthe foHowingprograms:MicrosoftWord, MSWindowsWrite^SCntext, MuWMate,WindowsWord,Word Perfect42/s.l,orWordstar. 4 Th» Onininn Ortnhor 70 10Q1 Letters to the Editor Cartoonist Replies opportunities." Mr. Rudnick, it seems that your solution to the problem of discriminatoryhiring practices in the United States Aimed Forces is to banthe military from campuses all across this This letter comes in response to Scott Rudnick' sletter to the editor, which appeared in the October 15,1991 issueofTheOpinion. attacking the cartoon entitled, "Any Difference." Although I don'tintend to make a habit ofcommenting on future cartoons, I do believe that your letter compels me to respond, Mr. Rudnick, not so much because of its lack of open-mindedness, or thefact thatyou found it aconvenient vehiclefor couching your deepseated disdain for the United States military (and their apparent fight for the new world order"), but more so because ofthe vitriolic attack you launched against me personally. The cartoon' 'Any Difference"posed the question, "Whatdifference would itmake ifthe JudgeAdvocate General's Corps (JAG Corps)wasbanned fromusingthecareerdevelopmentofficeand interviewing studentshere atthe law school?" Theobviousanswertothat questionis thatit wouldn'taccomplish adamn thing towards meeting its objective, which I assume is to end the discriminatory hiring practices ofthe Armed Forces. Instead, banningthe JAGCorpswouldonly serve to deprive many more students oftheopportunity to interviewwiththe JAG Corpsifthey had the desire to do so. Who do youreally punish by notallowing the JAGCorpsoncampus,Mr. Rudnick? It certainly isn't the JAG Corps; they can go elsewhereand continuediscriminating against gaysand lesbians, those overthirty-five years old,andthedisabled. It's your fellow students who would have been punished, Scott, if the Lesbian and Gay Law Student Organization (LGLSO) and the National Lawyer's Guild (NLG) had actually been successful in their legal action against SUNY-Buffalo. In your letter, Mr. Rudnick, you suggest that the point ofmy cartoon' 'should havebeen that punitive action was taken against the ones who denied the opportunities." Well,thatwasthe pointof mycartoon because theLGLSO and the NLG were the ones who would have "denied the country, withthe hope that someday they may abandon theirideology. Am Ito assume then that ifwe werehaving this samedebate during the era ofthe school desegregation cases that you would advocate thatnobody should have been allowed to go attend schooland have an opportunity to get aneducation untileveryone was allowed to attend the same school? Thus, thereal issue appears to beone of perception, whether theglass is half-empty or half-full. At present, some students are l 'allowed' ' to interview withthe JAGCorps, thus affording somestudents a career opportunity. However, if you take that opportunity away from those studentswhat purpose is served? Aren't we just going backwards? How are those students whoare discriminatedagainst helpedby denying othersanopportunity? Ifwe keep emptying the glass we'll never find a solution, will we? What you should have done, if your objective was to eliminate the discriminatory hiringpractices ofthe ArmedForces, is instituteda suit against the JAG Corps or the entire ArmedForces oftheUnited States,notagainst SUNY-Buffalo. Taking opportunities away from your fellow classmates will definitely not win youany new supporters, no matterhow admirable your cause may be. In addition, writing a letter that portrays someone who disagrees with your point of view as a " fascist' 'ora' 'gay basher certainly won't help you win friends and influence people either, Scott. Compelling your fellow classmates to forego opportunities to furthera cause that you fee!they should support once again evidences the narrow-mindedness ofcertainfactions of the liberal mindset at this school. Although I doubt it, I wonder if this response makes "Any Difference?'' Sincerely, Bill Kennedy, 2L MootThanks NuclearWarPrevention To the Editor: Studies Members oftheMoot CourtBoard wish To the Editor: to extend their thanks to the University of While the changes in the US-Soviet Buffalo Law Alumni Association for their relationship are fostering disarmament on a generous contribution to wardthe awardsbanscale whichwas previously unimaginableand quet held at the conclusion of each year's evennow hard to believe,let usrememberthat competition. the current global environment continues to Inrecognition ofthis gift,theBoard has fosterpotential catastrophe. The' 'Cold War titledthe dinnerthe Law Alumni Association may be over, but,as events in the Middle East Awards Dinner. The banquet is the culminaprove, conditionsexistedforincreasednuclear tionofa great dealofhard work by thecompetiproliferation withall ofthe potential dangers tors and by the members ofthe board. which accompany it. TheannualCharles S. Desmond Moot We as a community will soon be afCourt Competition is a crucial element in the forded the unique opportunity to gain an awaretrainingoffuture attorneys. Thecompetition ness about the political, technical, and enviprovides arigorous legal writing andoraladvoronmental issues which can lead to nuclear cacy experience for all who participate. A proliferationand to discuss how wecan effect banquet made possible by the Law Alumni safesolutions. Theevent, co-sponsored by the , Association is a fitting tribute to past and University at Buffalo sNuclear War Prevenpresent contributors. tion Studies Graduate Group and the Cornell At this year's banquet, top competitors University Peace Studies Program, is a nawereawarded with plaques inrecognition of tional conference on ' 'Nuclear Proliferation their achievements. The plaques were speand the Security Imperative" to be held in cially designed this yearto honor the Honor- O'Brian Hall, November 1-2. Numerous exable Michael F. Dillon, the former Presiding perts fromacademia, government and internaJusticeofthe Appellate Division, Fourth Detional organizations will be outlining both partment. JusticeDillon, who sat annually as futurerisks and solutions to the nuclear probajudge in thefinalround, diedearlierthis year. we His insightful questions fired at competitors lems which all face. Among the participants will be acweretrulymissed this year. claimedauthor andphysicist Freeman Dyson Matthew P. Worth oftheInstitute forAdvanced Studies, Princeton, Treasurer ofthe Moot Court New Jersey; Joseph Pilot ofLos Alamos NationalLaboratory; and AnatolRapoport ofthe University ofToronto Peace StudiesProgram. All events are freeand open to the public. The issues are timely and most worthy of your thoughtfulparticipation. Peace, Jonathan F. Reichert ProfessorofPhysics Director, Nuclear War Prevention details on page 7 Studies, SUNV Buffalo SBA Halloween Party �Toward Mid-East Peace McPHERSON! b\ Danyl McPherson Life is a challenge. Now I realize that that is not great revelation, but Feuliim F.dilor Isupposesomepartofmedidn'twant make a fool of myself in front ofthe sometimes itsurprises me how the human judges; even though I had psyched myself spiritendures through adversity. Having into believing that the judges and their just finished the Desmond Moot Court comments were irrelevant to me and my Competition,I have firsthandknowledge life. Now that it's thankfully over, I ask ofwhat it's like. Just getting to the point myself if I learned anything. I discovered where I could viably compete was tough that fear wasn't a problem. Facing the enoughfor me. I lost two partners before judges didn't bother me nearly as much as being perfectly matched with The the sacrifices I made inmy lifetogettothat Opinion's Managing Editor, Andrea point. I now know thatI can handle public Sammmarco. Our attitudes toward the speaking, but again, that wasn't much ofa competitionwerecompatible, which made problem to begin with. So, did I waste my goingthrough thewhole thing much easier. time doingMoot Court? And being paired withTheOpinion'sbest Idon'tthinkso. writer, I didn't have to worry about the The scoringofMootCourtisn'tbased on one's substantive argument, but rather qualityofher brief. Where Moot Court has been how the person handlesthe situation. I can concerned, Icameoutpretty lucky. 1had an apply the samerationale to this experience. excellent partner, who was intelligent, Generally, I whinedand moaned throughout industrious, and most importantly, fun. the competition, but I needed somekind of Everyone continuallytold me thatI would release. I'maborncomplainer.andlusually have fun during the competition. Truth to tell, I found the experience extremely stressfuland detrimental to my studies. (Also, dueto aNew YorkPractice make-up class on Thursday night, my record ofhaving never missed a class since 7th grade was shot.) The onlyreal joy I got out ofit was forging astronger friendship withAndrea, and going to the celebrations when it was finally over. Personally, I have no ambitionsre- gardingMootCourt. I didn'twantto goto thefinalrounds, andldon'texpecttoget on the Board. I'm a realist, andI know where my talents lie. For me, it was satisfying enough to see Marc Hirschfield, Kimberly Danzi, DavidNiles, and EricNordby make it through. AUofthemarethirdyear former Section Three classmates who are dazzlingly intelligent,and much deserving of the honorofadvancing. I hope they make theBoard too. The one thing that surprised me was the general good sportsmanship (sportspersonship?)thatprevailedthroughout. Everyone hadkind wordsabout their competitors, and seemedto wishtheirclassmates well. I never encountered any cutthroat attitudes. I had the disconcerting experienceofarguing off-briefagainstmy good friend Mr. Hirschfield. Though we didn'thave to find out, we decided to hear who won. lwasgiad that Marc andKiniwon because I felt they deserved it. Though through thecourse oftheweekAndreaand I workedhard on ourarguments, Marc and Kirn put in the timeworthy ofthe championship competitors they turned out to be. I didn* twant Moot Court to become an obsession. Once I teamed up with Andrea, we both agreed that we weren't going to gocrazy producing thebrief. Still, when it came time to prepare our oral arguments, it seemed that Andrea and I spent a great deal oftime in the Opinion office preparing. My life, moreso than Andrea's (who went to the Bills Monday nightgame), pretty much went on hold for theweek. Thatamazesmebecauseldidn't expect that I would pul that much energy to see the negative first. Overall, I can't say I'm glad I didit; that overstates the case. I am glad it's over, and I'm left withan odd feeling ofsatisfaction. Aslastyear'squarter finalist Nicole Moss instilled within me, itwas an experience I shouldhave, and I' m hesitantly forced to agree. The finalconclusions ofits impact on my life though, I'll decide at a future time. Iwill admit this much, however. Despite that I continually told myself this didn't matter to me, I somehow found the experience much morerewarding when I was toldthatAndreaand I won ourround on the third night. Finishing with a victory virtually validatedall ofmy timeand effort. That's a selfishconclusion toreach, I realize, but it sure feels great. Surviving the challenges oflife tends to dothat I suppose. A final note to MootBoard member Melissa Mazurowski-1 told you so. byAnthony J. Colucci, Jr. Class of 1958 Weare compelled to respond to David Lask's Commentary that appeared in your September 3rdissue. Mr. Laskchoseashistitle "A Justification for the Shamir-Likud Position." The article is conspicuously absentofany demonstrativeobjective statements that explainaway the present dilemma as we all concurrently search for lasting peace in the Near East. We, of course, is plural and we mean here not onlythe theological groups(namely Christians, Jews and Moslems) but also the peace loving nations ofthe world and their contribution towards a meaningful and equitable enduring peace. History regretfully is somewhat different from theassumptions put forthby Mr.Lask. First, as we all are aware, historically the struggle betweenPalestinian Arabsand Palestinian Jews started after World War I. At that point,approximately ten percent ofthe population ofPalestine wasJewish. Between 1920 and 1947 when the partitionof Palestine was proposed by the United Nations, the Jewish population increased to approximately 31 percent. The balance wasChristian and Moslem. In 1948,after the UN declarationofthe State of Israel, the communities (Arab and Jew) were tornapart seemingly irrevocably by the evacuation of Jews from the Arabic land, i.e.the West Bank, Gaza Strip, GolanHeights, etc. and the forceful displacement for over 750,000 Palestinians, Arabs and Christians whofled the new Jewish state. Warfollowed war. All this is a matter ofhistory. A lasting peace needs by it terms to be an equitable resolution ofthe myriad issues thatnow remain as part ofthe Israel/Palestinian initiative. For example, how best do we resolve the matter ofthePalestinian Arab who was forcefully displaced from hishomelands (as a result ofthe partition) and whose real estate was forcefully acquired by the New JewishState? Conversely, how do we legitimately satisfythe Israeli nation tothe proposals for an enduring and lasting peace? Contrary to Mr. Lask'srather emotional review, there is absolutely no doubt that the Israelis never considered at any timethat the WestBank, Golan Heightsand the Gaza Strip were theirs by right of law or by right of conquest. In feet, theycarefully articulate two concepts both ofwhich negate suchaconclusion. Thefirst is thatvery nasty wordofWorld Warll fame "annexation." Heretheyhave utilizedthe conceptfor the forceful incorporationofthe GolanHeights withoutUN approval or for that matter without Syrian approval. Annexation was the gravamenforthe invasion CLASPARTICIPATION... oflraq! Annexation was the gravamen forthe beginningofWorld War FI when NaziGermany utilized the same concept as they invaded Czechoslovakia and A ustria. I fweare to obey theruleoflaw, whereis the justification forthe Republic o I"lsrael tocontinue its occupation of the Golan Heights? Now let us turn to the "prizes" ofthe right of conquest. Here we have Mr. Lask embracing a lifting ofthe so called Arabic boycott; an urgefor' 'additional settlements'' ,, inthe "occupied territoriesand an attempt to become quite hawkish by making it clear that Israel has a nucleararsenal and, therefore, will acquire its goals' 'peace or not.'' No one in the Israeli government ever dreamed ofsettlingthe occupiedterritoriesby the very definitionoftheword' 'occupied.'' The settlements came as a result of several Jewish families in good faith deciding toconduct their " Seder" inalocal hotel in the West Bank City ofHebron in 1968. Weallknow that the ritual meal celebrates the exodus ofthe Jews fromslavery in Egypt. To these good and well intending religious Jews, having their Seder dinner in the biblical lands symbolized the return ofthe Jews to Israel. Further, to state that Israel will not consider "land for peace" runs contrary to history since weallknow thatPrime Minister Begin, clearly conceded land for peace with Egypt in 1978. Moreover, President Carter came away from the negotiations believing Mr. Begin hadagreed to not onlyalong-term freeze on settlements but a final plan on Palestinian autonomy. As onelookscarefully at the documented references at the State Department, there is absolutely no doubtthatMr. Begin hadagreed to the freeze and to keeping the faithwith Mr. Carter. The problem withMr. Lask'spositionis the factthat theLikud Party barely manages to governwithouttheconstant day-to-day support ofthe far right splinterparties. The latter, of course, advocate additional settlements and why not? Ifthis logic is correctand you have themilitary might, why notpushthe Palestinian Arabs right out of the partitioned occupied territories! This will provide comfort and perhaps "land security" to the Republic of Israel, but will itever gainlasting peace in the Middle East? Accordingly, insteadofrattling ourteeth as to Israel's militarymight,David Lask (who Iassume is alaw student) should wellheed the mandateofourprofession inresolving matters (including international issues)by negotiations, by compromise, byaccordand by satisfaction. in Till Ks.w'h into it. I didn'tthink I could. October 29,1991 The Opinion 5 �Constitutionally Speaking: What Does the Second Amendment Really Say? byJohnFoudy 'A well-regulated militia being necessary to the security ofa free state, theright of thepeople to keep and bearArmsshall not be infringed.'' Guncontrolissueshave been in thenews again lately, remember the debate over the Brady bill, not to mention what occurred in Texaslastweek. Wheneverthedebateheatsup someone will bring upthe second amendment to the US constitution. Sad to say my introduction to Constitutional interpretation wasviaanNßA publication about 7 yearsago. The topic was the 2nd amendment, oras they cite it,' 'the right... to keep andbear arms shal 1not beinfringed.". As I recall the author ofthis article said that the amendment means whatthe NRA wanteditto mean and that any form of gun control was unconstitutional. (Unless ofcourse one had been a convicted felon or had a psychiatric history.)Fortunately, orunfoitunately.theNßA is not responsible for interpreting this or any otherconstitutional issue. The secondamendment apparently deals witha 'collective'right (some StateConstitiltions do specifically refer to an individual right). Ithas two basic origins;the EnglishBill ofßights ofthelate 17th century and Colonial experience justpriortotheRevolution. Under theEnglish BUlofßightstheMonarch was not allowed tomaintain a standing army, in peacetime, withouttheconsentofParliament. Inour Constitution Congress was given theauthority to raise armies and navies. The English laws also stated that Protestantshad theright to arm themselves. Thiswas inresponse to past experience with a Catholic king who sought to disarm the Protestant majority. In the Colonies England had begun to maintain a standing army, ostensibly for the Colonies' protection. The Colonists did not approve, foravariety ofreasons. Thecolonists had no voice in Parliament, therefore theyfelt that no standing army should stand in their midst. The colonists also felt that they could adequately (best) defendthemselves through their own militias. The basic idea was that a free people with their own well-regulated ' militiacould not be oppressed. That is where that phrase comes into the picture. The key wording is: well-regulated. A disorganized militia ofindividuals wouldn't bevery effective at protecting the common good,the colonists did not believe in vigilantism. Theotherhalfoftheamendmentcanbe read simply; people isconstitution-speak fora collection, not individuals,keep does not mean own or possess. That last distinction is very important. National guardsmen "keep and bear" arms. They donot ownthemand possess them intheirhomes fortheirindividualprotec- Bar Revu BarRevu Update Drama. Excitement. Sixteenpound balls, thundering toward unsuspecting fiberglasspins. Bowling. Sheridan Lanes ("where George grewup ") wasthe scene ofthelatest Bar Revu bowling and brew-fest. The competition was fierce; friendships were tried. But our happy Revu-ers, after repairing some interpersonal damages, managedto samplemany ofthe fine draft beverages available for human consumption. Nursing theirprideand a few ofthe finer imported, each revu-er vowed to doublehis orher bowling score at the next annualbowlingandfbrewbash. Therevu- ersthen made it to a Moot courtparty and sampled some ofthe finerfreebrew available in Buffalo. Afterthis week'sbye, the Barßevu prepares for the big SBA Bash at 573 Linwood A ye. this Thursday,All Hallows Eve. Anddon'teventhinkaboutattending withouta costume. The BarRevuhas selecteda Halloween theme: come as your favorite biblical character (please note: we still need a Lazanis,buttheßurning Bush istaken). So onceagain, please join us for an evening of revelry and boisterous tales (rumoris that Bob G. willbe telling' 'mytrip toWashington' ' stories aroundthe deep-fryer). Remember.ifyoudon'tshowupthis week, we might neverask again. tion. Movie Review Ofcourse it is the SupremeCourt which has the final word on Constitutionalinterpretation. The last time the Supreme Court diby Renee Walner rectly tackled a guncontrol law was in Miller Frankieand Johnny originatedas anoffv. US. 1939. An appeals court had held the Broadway play inNewYork telling the story of National Firearms act of 1934 to be invalid. two lonely, plain,middle-aged people, awaitThe Supreme Courtreversed, stating thatthe ressanda short order cook, who have givenup ideaofthe 2ndamendmentwas obviously the hopethaithey would everbe in love. They have preservation ofthe militias, and a law which long reconciled themselves to this, and live (among other things) regulated the length of withoutany expectations. However, theyfall shotgun barrels had no connection to thatpurin love despite their long held convictions. pose. In 1983 the Supreme Court let stand, Kathy Bates {Misery)and F.Murray Abraham without comment,an Appeals Court decision (Amadeus) played the couple in a decidedly upholding the Morton Grove, 111.hand gunban. unglamorous manner, making their newly Aninteresting second amendmentcase formed relationship all the morepoignant. is thatofPerpich v. US DepartmentofDefense. Frankie and Johnny has been adapted which wasadefinite second amendment case into a feature film comedy-drama, with a andhadnothing atalltodowith theissueofgun revised screenplay by TerrenceMcNally, and control or individualrights. The Governor of with typical Hollywood panache features the Minnesota waschallenging theDepartmentof pointedly un-frumpy MichellePfeiffer and Al Defense'srighttosendGuardsmenon training Pacino. The new movie, directed by Garry missions to CentralAmerica. If thatisa second Marshall, though hardly resembling theplay, amendment issuethen whatis theNRA talking is an entertaining and evocative film. about? MichellePfeiffergives aterrific perforAttimeslowerFederal courts and State mance as Frankie, a waitress in her mid thircourtshave interpretedthe second amendment ties, who, due to a series ofbadrelationships, to give an individual right, but the Supreme has determinedly reconciled herself to never Courthas neverevenleaned in that direction. beingapartofacoupleagain. She is obviously I'm not going to get into whether or not gun unhappy, yetis unable and unwilling toresolve control, orregistration oractual bansare good this. Despitethe hurt she feels, sheis not bitter ideas or not, what I am saying is that it islargely orresentful.She islivingalifeofquiet despera(I say largely because theremay be sometype tion,andthe anonymous nature ofNew York ofdueprocess right, either in liberty orproperty) allows her to do so with little interference. not aConstitutional issue,atall. (A conclusion Frankie's circleofacquaintances is confined whichsurprised me). toher co-workers, the restaurantregulars and her best friend, a gay neighbor. Pfeiffer deserves much creditforprojecting a quietreal- ism toherrole. She has managedto gobeyond herlooks in projecting a woman who has had some troubling experiences. Pfeiffer'scharacterization is subtle, and quitenatural. Johnny,played by Al Pacino, isa newly hired short-ordercook in the restaurant. Hehas justbeenreleased fromprison,wherehe served time for check forgery. He has undergone a catharsiswhile inprison. His confinement has allowed him to discoverapassionfor cooking, whichgiveshimanewzestforlife.Hehasdone a lot ofreading, and thinking, and emergesas a man who is in touch with whatisimportant in life. At the restaurant, he falls for Frankie and pursuesher. Heisconvincedthatthey are a perfectmatch,and despiteFrankie' s efforts to withstand a relationship, never loses his determination. Pacino pursues this role with exuberance, and is winsome and appealing. Hisreturn to the screen has longbeen overdue. Gary Marshal, who in previous films tends to be unduly sentimental, deservescredit for toning it down. The more light-hearted scenes play well. The film moves fast, yet gives attention to details. McNally deserves credit for a well-written screenplay withreal insight and depth into human relationships. Also deserving noticeis the colorful, supportingcast thathelps to providethe film's comic moments, most notably the waitresses Cora and Nedda playedby Kate Nelligan and Jane Morris,andFranMe'snextdoorneighborNathan J^ane. A Slice of he Onion for Halloween byJackO'Lantem Due to unforeseen technical difficulties withequipmentsuppliedbythe U.B.LawSchool A/VDepartment, thearticle reporting onlast Wednesday'spresentation by Virginia Leary onthe UnitedNations ConferenceonEnvironment andDevelopment to be held in Brazil in seekers. A few of them logged on to one tenant'sCommodore 64 toreview 5.25" disks in search ofsaid outlines. Michael pulled the plug andpromptly escortedthemtothekeg. All appeared tobe much happier. Members from the NLG, who arrived separately but at the same time in affirmation June, 1992,hasbeenreplaced with afictitious oftheirindividuality and co-dependence, berendition ofpossible events to occur at this gan to squabble with dieFedsonthe frontlawn Thursday's Halloween Party. about the Thomas hearings. Luckily, Jim The ItalianLoafer did notcome. NoneMaisanoarrived almostimmediately dressed theless, it was thatkind ofnightand therewas as an NFL referee. After making the parties that kind of feeling. Cato, the official SBA wait twenty minutes while he reviewed the mascot, was the first toarrive sporting athick film, he declaredthatthe play stood as called black beardand moustache, two pairsof outraand ushered everyone into the rather large geous hiking boots withpink laces and a long apartment at 573 Linwood. The aforemenrawhide coat. No one could guessthe identity tioned tenant-bouncer, overwhelmed by the of the human he attempted to emulate, as large crowd flowing through hisrather large everyone inundated the poor animal with the front door, stormed off to his bedroom and query,' 'Whoareyou supposed to be?'' Cato, slammed the door. Scott Rudnick, dressedas angry and in despair, proceeded to urinate on Jerry Garcia sporting a powder blue leisure DarylParker'sbag. suit, swore that Cato quietly joined the agiThe Federalists arrived shortlythereaftated tenant-bouncer in his bedroom to offer ter, dressedas the NewKidson theBlock. They solace. There wereno otherwitnesses to offer were promptly escorted to the door by Todd, comment, however many did admire his leione ofthetenants oftherather large apartment sure suit/white bucks ensemble. at573 Linwood, who "just didn'tlike the way Theparry quickly moved intofull swing. they looked." The Federalists, bitter about Thelhirdkeg was tapped byDarrylMcPherson! theirrude exclusion, tried to swayyo ung, naive (dressed as the Good Humor Man) afterconfirst years away from the festivities. They sulting with the A/V Department to iron out failed miserably.asthe rather largcapartment several technical difficulties and referring to at 573 Linwood Avenue soon teemed with the Miss Manners Party Manual. The Nutrianxious, nervous outlinc-for-criminal-law- grainJcll-owaspassed out by ProfessorsBlum 6 The Opinion October 29,1991 and Ewing after they danced a passionate Inthe weehoursofthe night, the celebraLambada to cementtheirnew-foundrelationtionragedon. Shortlyafter 2 a.m.,a busloadof ship. Jerry Garcia, a.k.a. ScottRudnick in the men dressed as cosmonauts crashed theparty, aforementioned white bucks, swore that a and deposited eight industrial size 55-gallon settlementofferinvolvingroyaltieson "Kids drums ofglowing, green"chip dip." Angela Who Kill wasmade, but there wereno other Gottimmediately descended upon the dipwith witnesses to confirm acceptance on either a handful ofRuffles, and declaredit' 'thebest party'spart. jalepeno dip yet made to all within earshot, The New Kids on theBlock performed which happened to include all patients at the traditional rap and the partygoers perMillard Fillmore Hospital and a few ofthe formed the traditional "boo-them-off-the- residents ofForest Lawn. Therestoftheoverly stage." skeptical law studentstooka few whiffs ofthe The Feds testified that they all had troubled melange but stuck to Mike's Chili undergone severe and extensive electrolysis and bikini waxing for their costumes, and if they didn't win theprize forBest Costume, a class-action suit would be promptly filed. Peptang. Norbert appeared as Norbert Bates, twisted brotherofthe psychotic NormanBates, clad in a platinum wig and a tattered houseUnfortunately, Michael Radjavitch informed dresshewowed tehcrowd withhis duckimperthem thatallofthefunds had been encumbered sonations. Continually asking "Whichwayis for beer, and while the debate stillraged on thebathroom? Which way is thebathroom?," among theanalMarc-Hirschfieldretentive,the Norbert finally deposited himselfin the hallresfofthe revelers imbibed blithely unaware. way, declaring it to bethe smoking lounge of The SBA Reporter tried to take copious the party. Despitethe vigorous urgings ofhis notes onthe happenings at the SBA Party, but fellow classmates, Norbert refused to move was continually distracted by one ofthe tenandcited hispenumbra ofrightsand liberties ants. When theBuffalo Policecame, threatenfirmly lodged in Article IX ofthe United States ing to bust up the party, they were told that it Constitution. wasaProject Rescue fund-raiser, and they left At 4 a.m., the entireparty drew lots in a withoutaword. Therewasalmostariotasthe tributeto the newregistration system,and each males present fought for the attention ofthe pleasure-seeker paired up withthe individual SBA's Blonde Brigade, led by VP Katie whoheld the numberrequired to equal three Sullivan. In an ironictwist of fate, all ofthem hundred, theaverage place in line for SUN Vwere dressed as Marilyn Monroe. Buffalo students. Those participating were then left to their own devices. �1991 Desmond Memorial Moot Court Competition Winners Carla Goldstein and K. Jill Barr Fright Night Memories byAngelaGott I was born on May 19, 1951 and was raisedin Louisville, Kentucky. Irememberthe Halloween after my second birthday. My parents figured I was still too young to know what was going onand so they sortof" set me up "--1 was toldto go downstairsand answer thedoor. Finalists There I was inonly my little t-shirtand underpants, barefootand holding ontothebanas I went down one step at a time nister Michael Culp and Michelle Parker constantly looking back at my parents who were getting smaller and smaller as I continueddownthestaircase. Ikept looking back for reassurance and they kept urging me to go MaryWydysh and Colleen Joseph forward and finally I reached the massive David Niles and Eric Nordby heavy oak door. Ireached uphighto graspand turn the largebrass doorknoband to myshock and terrortherewerethe strangest creatures all yelling at onceand waving grocery bags that Eric Fitzgerald and Michael Hewitt were orange. The whole event was unlike Canzoneri Andrew O'Brien and anything I had ever experienced in my short frame ofreference. Thomas Callahan and Lynette Gohr The evening had already been out of Marc Hirschfield and Kirn Danzi routine-my Momforsome reasonhadputme Scott Rudnick and Roger Sagerman downfor my nap on herbedand I had notbeen awakened for dinner. When I awoke, it was darkand I wascranky and hungry and upsetat the changes in myroutine. I went downstairs I) David Niles and Eric Nordby and foundthatmyDad wasalready homeand theywereeatingwithoutme. Theywerenotin Vargha 2) David Lask and Michael the kitchen eating, which was unusual, and Canzoneri 3) Andrew O'Brien and they were not in the dining room which was usedfor company. Thistime, they were eating 4) Linda Chodos and Kathy O'Connor-Esack on asmallcard tablewithonlycandlelight and 5) Srikant Ramaswami and Erik Marks it wasnear thefrontdoorway ofthelivingroom onthe hallway by the entrance to our upstairs apartment. I was chilly in only my underwearand I) Michael Hewitt hungry and they wouldn't put me in warm 2) Carla Goldstein clothing and they wouldn't put me in my highchairand they wouldn't feed me theway 3) Scott Rudnick they usuallydid. No, theywerehanding down Pitarresi 4) piecesofmeat fromthe top ofthe table offtheir 5) Deanna Nelson platesand giving me sips ofwhite wine outof heavy green gobletsthat they wouldn'tlet me hold. Then theyasked me to answer the door, something they hadnever done before. So I was screaming with terror at these Errata... scary indescribable creatures,remember I was ofThe werePenelope 16,1991 the issue Opinion in October Misspelled names inphotos only two andahalfyears old so myvocabulary available for description was limited, all I StothersandTomCannavo. Law the International as President of present identified the Kirn Danzi was mistakenly Society. She is in fact the past president. Semi-Finalists Quarter Finalists Jack Best Brief Awards Jack Best OralistAwards Jennifer 10,000 Maniacs plus One , by Srikant Ramaswami, News Editor When I wentto see the 10,000Maniacs at the Marquee a week ago, I had mixed feel- 1977appearance ofBilly Joel at The Paradise in Boston I don'tbelieveI have everhad such run. The concertwas sogood thatwe decided ings. Ononehandlhadheardsomeoftheirjams to go again, the next night. The next evening was even betterbeand enjoyed them. On the otherhand, I didn't visiblylooked better.She danced causeNatalie know enoughaboutthebandortheirmusic. But into delikea on acid swaying circularly while gypsy going, I when JamalAruri urged me / gaveNatalie Merchant a rose, and she gave me two flowers in exchange. I felt I knew her. I felt I had lived with the music of the "Maniacs" for decades. cided to brave it. The Marquee is a neat little club down in Buffalo where audiences have a chance to getreal close to the entertainers. Thus, before theshowbegan,Jamalwasnudgedbyawoman who quicklymade herway towards the stage and disappeared behind the curtains. Jamal was excited. He had justrealized thatitwas in fact Natalie Merchant, the lead singer ofthe Maniacs whohad touched him! As the show began, I began to see why maniacs fans lovedthe shows. Despitea nagging cold, Natalie Merchant gave it her all. And sodid theband. We danced hard,and sang loud. In fact itmade me think that besides the her band catered to a level of mania. The audiences were onfire.Itwastime formetodo the unthinkable. I gaveNatalie Merchant arose, and she gavemetwo flowers inexchange. I feltlknew her. I felt I had lived with the music of the Maniacs for decades. I felt like every fifteen bucks ofmy ticket had been worthit. I even went outand bought an album or two. Natalie Merchant struck meas one ofthe most talented acts inshow biz today highly underrated, yet clearly a genius. - knew wasthat Ihad never seen people orbeings like this in my life and I was scared and I wet my pants. I was not indiapers because I was a ' 'big girl at the time. So I was standing in a warm puddle but freezing from the night airand scaredand crying and frozen and I couldn't - move-- I kept looking back up at myparents for help onlythey wereall smilingand laughing at meandldidn'tknowwhy —Ihadnoideawhy they were so happy whenI was so unhappy! All this washappening so quickly butthese were, myfeelings andreactions. The creatures toofo -<* mercy onme they pulled offtheir coverings on their heads to reveal they were mom's dancing school pupils --1 didn'tknow them wellbecause they were "bigkids'' butI'd seen them coming and goingoutofmyfolk'sbasement dance studio below the big house my great grandmother owned and below the upstairs apartment where I lived. So once they identified themselves and removed my fear, I realized my folks were downtherenowputtingsome tiny orangepieces ofsomething -- orangeand yellow things that looked weird my Dad gaveme oneand told me it was candy corn. I ate itbut I didn'tlike it. Thekids leftand othersreplaced themat the doorand my parents were busy trying to give them candy corn and get the doorclosed and then set about wiping up myaccident and I was so embarrassed at what I had done but I was more angry at my parents. I knew they had donesomething bad to mebut I couldn't quite figure out what exactly, only how I feltall duringthe traumatic experience. I hadexpectations ofwhatmy parents were supposed to do for me, based on their routine behavior and treatment ofme. hi retrospect, I nowknow whythey were set up at the makeshift cardtable near the top ofthe stairs so they could hear the doorbell and beonhand to answer the door fortrick-ortreaters. I understand now, whythey had not bothered to explainto meabout the concept of Halloween - figuring I wastoo young to understand. As an adult child ofalcoholics, I know now why I didn't get a proper meal thatnight and whyI was allowed to oversleepand why 1 was set up like I was - they were operating under the influence ofalcohol! - -- - SB A Party 9pm Halloween Night 573 Lin wood Avenue at Michael and Hank's "rather large apartment with five kegs" $2 at door with costume Prizes for Best Costumes October 29,1991 The Opinion 7 �From the Desk of the President byBrian P. Madrazo October 29,1991 General The SBA did not meet last week due to the Moot CourtCompetition. However, much has happened behind the scenes which has affected, is affecting or will affect students. First, let me congratulate the Moot Court Board forputting ontheDesmond Moot Court Cornpetitionandalsothosewho made it through the competition. Congrats are also in order forBPILP for atremendousPublic Interest Awareness Week and LGLSO for putting on avery informative National Coming Out Week. Their success was due in large part toplanning and coordination with many facets ofthe school, and the SBA congratulates them for bringing to the campus such a wide diversity ofevents. One facet of the school that is often overlooked when planning these events is the SBA. All groups whoareplanninglargeevents should contact the SBA as soonas possible to help work through possible pitfalls withrespecttoroom scheduling and, ofcourse, financing and reimbursing. box numbers andas many addresses and phone numbers as wecan get. A mailing will be put inyourmailboxesonTuesdayOctober29,l99l asking you to complete the information and return ittoadropboxin the mailroom. Ifyou do not complete and return this mailing by November 1,1991 the SBA willnot publish youraddressorphonenumber. Ifyouwish only yourphonenumbertobe includedthen indicate that on theform. Thedirectory will be distributed free ofchargeto all law students,faculty and student groups. The average time to complete themailingand dropit inthe boxis 10.678 seconds, unless thereisacrowdinthemailroom. SBA Halloween Party October 31, 1991, Michael R.s and HankN.'s house. Directions inyourmailboxes and on signs, five kegs, wine, munchies, door prizes for best costume etc.. Enough Said!!! See youthere. Red Cross Blood Drive OnMonday November 4 and Tuesday November 5,1991 theSBA is sponsoring, along withthe Graduate Management Association, aBlood Drive in theFirstFloorLounge. Ifyou Constitution The SBA Board of Directors will be wishto sign up foranappointment please stop voting to approve a new constitution at our by the SBA officebyFriday at noon. Walk-ins meeting onOctober 31,1991. Ifapprovedby a are encouraged, thewholeprocess takesabout two thirds vote, theconstitution will be brought an hour. Please eatbejarg you givebloodand try not toengage in especially heavy drinking to the student body in areferendum forratifiIt must a the thenightbefore. get majority of cation. students Hopetoseemanyofyouthere, voting in ordertoberatified. Ifratified itwould the goal is fifty units which is basically fifty go into effect January 1,1991. Ifapprovedby people. Ofcourse morethanfifty isalso good. the Board acopy ofthe oldconstitution and the InformationalMeeting proposed changes will be published in The On Tuesday November 5,1991, inreOpinion and both the oldand the new docuto requests from members ofthe first sponse on the SBA ments will be file in office. year class, the SBA is sponsoring an informational session on the current status of Recreation and 1nt ramurals As youread this articlea survey is being the Research and Writing Program. All first conducted by R& I at bothAlumni Arenaand years are encouraged to attend this important Clark Gym to determine usage ofthe facilities. look into the directionofaprogramwhich will The results ofthis survey will be used to help affect the rest ofyour law school career. The determinetheamount the SBApays toR&Ito meetingwill beinroom 106atspmandmembers of the SBA, the Research and Writing allow law students to use the facilities. Last year the SBA paid threethousand Committee and the administration will be six hundred dollars to R & I in orderthat law thereto answer questionsand hopefully identify students would be allowed to use thefacilities. problems at a time when some solutionsare This year R & I has billed the SBA almostfive available. Come prepared to ask questionsand voiceyourconcems. TheSßAhopestoseeyou thousand dollars, halfofwhich is dueby Novembers,l99l. Now.youmayaskyourselfa next Tuesday. number of questions such as: If R & I has Student WideJudiciary already billed the SBA what is the use ofthe Although this does notaffect many law survey? Did the SBA allocate five thousand dollars to R & I during the spring budget students I thought itimportant enough topass process? Did R & I know whatthey would be along. SWJ is the judicial arm of the undergraduates and graduate students. Law billing the SBA in the spring? Theanswertothosequestionsis 1)Ihave students are not currently under the SWJ's , been assured thatthe billing was "tentative ' jurisdiction, however, a law student may acand thatthe survey was more ofalong term cepttheSWJ'sjurisdiction ifthe student wishes. At this time I would strongly recommend thing, 2) SBA allocated only 3,600 dollars duringlast spring'sbudget process and 3)R& that no law studentaccept the court's jurisdicI made up itsbudget in the spring as well and tion. The SWJ has revised itsRules ofProceacopyofthat budgetrevealsthatR& I included dure in seeming violation ofitsown bylawsand as Revenue an SBA contribution of, yep you untilthis matter is resolved I remain skeptical ofthe courts ability to adjudicate. I willkeep guessed it, almost five thousand dollars. The SBA needs informationfrom you youupdatedas soonas Ireceive more informathe students on what you think of R & I and tion. whetherornot SBA shouldpay alump sum.The StudentTreasurers alternative is thateach student whowished to There will beamandatory studenttreausethe R & I wouldhave topay forapermit and the figures I have heard being talked about surer meeting on Wednesday November 6, include fifty toonehundreddollarsperyear. To 1991at4:3oor Thursday November7,l99l at that end a survey will be put in your boxes 3:30 p.m. in the firstfloor lounge. A student within a week. Please take the time to fill out club treasurer orpresident must attend one of the survey and return to a drop box in the these meetings to discussreimbursements for mailroom. The average time to fill out the nextsemesterandcurrentproblems. Thereare no exceptions, seeyou there. surveyis 15.2 seconds. Law School Phone Directory The SBA and Phi AlphaDelta are inthe process ofputting together a law school directory. It will include all lav\ students names and 8 The Opinion Finally The SBA will meet every Thursday at 5:00 p.m. in room 210 until the week before Thanksgiving. Stopinandktusknowwhatyou think, or drop by theoffice and givesusapiece ofyour mind. I Intil next time. October 29,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA Correspondent Anyone observing the S.BA. meeting lastThursday wouldfind it hard to believe thatthegroupofpeople present, namely the Class Directors and the Executive Board, was the same group I havebeen describing forthe last couple ofweeks. The meeting was incredible! As Second Year Director Scot Fisher pointed out, it "ran like a finely tuned machine.'' While I wasencouraged by thefriendly and cooperative atmosphere ofthe meeting, I cannot say that it surprised me, given the shortand particularlyuncontroversial nature oftheagenda. Itdid,however, causemeto step backand re-evaluate my previous perceptions of the SB.A. Many people have commentedthat my descriptions ofthe S.B.A. meetings have been too harsh. While I willadmit thatthey have been critical, I do not think that this criticism is misplaced. Instead, I believe that my impressions are consistent with my position as an impartial (for the most part, anyway) observer. As such, however, they are necessarily at odds withthe impressions ofthose involved in the S.B.A. a perspective I have largely ignored thusfar. Don't get me wrong-1 do not wish to apologize or make excuses for what I have written. I think thatit is important, though, toput itinto somekindofcontext. Theprimary object ofmy criticism has been the constant bickering among theDirectors. AsI have stated previously, thisbehavior is extremelyfrustrating and tiresometowatchweekafterweek. What Ihave neglected to add, however, is that I am glad that this bickering takes place. It demonstrates that the Directors care enough about theissues before theS.BA. to vigorously debatethem. Itshowsthat theyareconcerned withtrying to resolve the problems facing the law school community. And it indicates their willingness to give up every Thursday evening in order to promote the varied and diverseinterests which exist at UB Law School. It would be very easy for the Directorstositbackand donothing at the meetings, letting the issues drift by without addressing the merits. It is refreshing to know that these elected representatives are activelyperforming their dutiesin tackling the issues without hesitation. Silence at the S.B.A. meetingswouldbea noticeable presence, and wouldreflectanapathy inappropriate for such aforum. The Directors are not afraid to voice theiropinions,regardless ofthe conflictand controversy theymay beinviting. Although itmay seemthat I have failed to appreciate this fact, I have beenkeenlyawareofthe strong senseof responsibility felt by each S.B.A. member. The situation is far from ideal, however. I still maintain that the members ofthe S.B.A. could show a littlemore respect for one another, and for opinions with which they disagree. Nonetheless, the role ofthe S.B.A. is to represent the needs and concerns ofthe students, and it is most important that this be successfully accomplished, with orwithout pleasantries. - Important SpringRegistration Dates - Distribution ofpre-registration materials all students November 6 pick up at A & R, 304 O'Brian - RETURN PRE-REGISTRATION MATERIALS Nov. 13 thirdyear students by lottery * Nov. 14 second yearstudents -by lottery* Nov. 15- firstyear students -- - ' Nov. 19 last day to return pre-registration materials STUDENTACCOUNTS Nov. 19 $0.00 balance due so thatpre-registration materials will not be checkstopped HEALTH SERVICE Proofofmeasles immunization mustbe submitted tohealth serviceby Nov. 19. Please note: Ist yearand transfer students, failure to do so willresult in an inability toregister for Springsemester courses. - Distribution ofSchedule Cards Dec. 4 •When pre-registrationmaterials arereturned by secondand thirdyear students to the A & R counter in Room 304, the student involved will selecta number from a box corresponding to the student's class. This number will be placed on the preregistration formandreceipt. Pre-registration forms will bescanned according to these numbers. Moot Court continuedfrontpage 1 encebetween sexual harassment and battered woman'ssyndrome,andtheanalogy toBernard Goetzand NewYorkPenal Law's justification statute,§3s.ls. AlthoughJudgesCallahanand Doerr werevery quiet, Dean Filvaroffmade up for their silence witha barrage of very well thought outquestions. Intheend, thecourtruled in favorofthe petitioners K. Jill Barrand Carla Goldstein. Michelle Parker and Michael Gulp were the runners-up. According tothejudges, the scores wereverycloseand they were quiteimpressed , withhow eachyear s mootcourt competitors have shown improvement over past partici- - pants. Many of the competitors and Board members gathered at the Clubhouse Restaurantthat evening, whereawards wereannounced and Dean Filvaroff presented the Michael Dillon award to Carla Goldstein and K. Jill Barr. In addition, BAR-BRI provided thewinners with a $450 scholarshiptoward theirbar review course. SBA Meetings every Thursday 5:00 pm 2100'Brian �Student Protest JAG Corps Interviews COMPUTER LAB OPEN Thenew fourthfloorlaw school computer lab opened Monday October 21. Seven ofthe fifteen Macintosh SE computers use high density disks whilethe remaining limitthe user to double density disks. Word Perfect and MS Wordare available for studentsto use for wordprocessing. Tom,the ComputerLab Manager, is quite willing toteach students how to use Word Perfect in groups of eight to ten students. Students may form agroup and see himto set up a timewhenthe group can attend for a ninety minute session to become familiar with Word Perfect. Some findMSWordeasieranditmaybelearned easily with theassistance ofany attendant to get the user overinitialrough spots. There are two laser printers and two image writerdotmatrixprinters. Studentsare asked to show theirlaw school identification, and ifthey printusing the laser printer they'll be required to pay later for their printing as the magnetic card system is still ,3] kSBBJM I being worked out. All dotmatrix printing is free. A student using the computer lab willneed two disks -- one will be the boot up diskto get the student onto the system and the other will be the data disk whichwill storethework produced by the student. An envelopeprogram foraddressing envelopes to gowith coverlettersandresumes hasbeen orderedandwillbe on line soon. Soon, WestLaw and LEXIS willbeavailable in the lab on the Macintosh computers. The new lab's hours are 9am to 9pmMonday through Friday and noon to 6pm on Saturday and Sunday. Students are asked to supply statistics to demonstrate most demand. The staff is currently developinga system torun thelab afterhoursat night, duringholidaysandon weekends usingvolunteerhelp. Thiswill come once the labis operating smoothly and students demonstratethe need forfurther flexibilityin the operating schedule. 5A y fAZp^ I' pm-fcft- conttimiedfrontpage 1 criminated to use University fac illtiesand staff torecruit on theUB campus. This was followed in February 1990by thelaw School CDOarid Administration secretly inviting the military Judge Advocate General's Corps (JAG), (an employer whorefuses to hire gay and lesbian students) to conduct interviews on campus. On October 11,1990,on National Coming Out Day, a celebration of gayand lesbianpride and identity, the University invited the Marine JAG Corps to recruit at the Law School. Law students released and filed a complaint to theNew York State Division ofHuman Rights alleging that the University was discriminating against gay and lesbian students by providing servicesand benefits to known discriminatory employers. On September 19,1991, the New York State Division ofHuman Rights, Office ofLesbian and Gay Concerns issued a decision and order regardingthecomplaintfiledOctoberl 1,1990. The order statesthatSUNY at Buffalo must cease and desist using state funds or resources to assist employers who discriminate onthe basis ofsexual orientationfromrecruiting on campus. Thishas beeninterpreted toinclude the United States Armed Forces. The Orderis based on GovernorCuomo' s Executive Order 28.1, which prohibits state agencies from discriminating onthe basis ofsexual orientation. This October, SUNY at Buffalo has announced its decisionto appeal the Order. The plaintiff in the action has secured representation for the appeal fromLambdaLegal Defenseand Education Fund. And so thestruggle continues. K. JillBarr, who spoke at the protest, statedthat it was important to letthemilitaryknow thatthey wereno longerwelcome ifthey discriminated against gays, lesbians, the aged, handicapped, and so on. Jilladded that this isan issue for all of us to realize. Equal treatment is the order of the day. Deadline for the next issue of The Opinion is November 6 HALF COURT PRESS WITH CRIMINAL INTENT JohnMessinetti wasunable to startat his usual position, sweeper, butplayed fullbackinstead. Fullback Ira Levy replaced Hank in goal, and the rest of the roster was shuffled around to compensate for the missing starters. Undergraduateringer PaulO'Brien, afriendofcaptainMichael Radjavitch,played at the sweeper shift CRIMINAL INTENT defenseallowed Feliciano, secondyear Stevens,andManny. Tim STIFF NIPPLE an easy shot on goal which Gasping for breath, the Moots utilized the sailed overIra's outstretched hands and into famous "NewportLight" offense, withHiggins the net. Losing byascoreofl-O, CRIMINAL trailingpointguardFeliciano upthe court and INTENT increased the intensity oftheir ofurging him to " slowit down before I have a fense and managed to even the score before heartattack." The opposing team had one big halftime. Stopper Michael Radjavitch had goonand lots oftiny undergraduates withVamoved up the left side ofthe fieldand crossed nillaIce haircuts. The Moots inflicted many the ball to forward Mark Skoultchi, who was cheap-shot fouls on these little bastards, but justoutside ofthe box. Mark then passed the lost nonetheless, 60-28. If one moreMoot had ball intothe box whereFrancisco Duartewas been available, thingsmight have beendiffertrying to get open,and Francisco scored on a ent. Asusual,noone showedup to cheer on the great shot past two defendersand the goalie. Moots. Throughout the second halfeach team In thefourthgame,the Mootslost 50-35. made numerous attempts to score and take the Second year law students Paul Dell, Chris lead, butvery few shots on goalwereallowed Marks, and Hank Nowak were a welcome continued onpage 10 addition tothe Moots' efforts, butagain a lack of team unity allowed the opponents to triumph. Nooneshowed uptocheeronthe Moots. Thecavernousgym echoedwithmocking laughteras theMoots slunkshamefacedback totheir law books. In thefifth game,theteam finally seemed to coalesce, with Dell, Feliciano, Higgins, Marks, and Nowak backed up byreserve point MOOTS Lose Again & Again & Again ConstantineKarides drives the ball towardthe opponent's goalas midfielders Rob Cisneros and Francisco Duarte try to improve theirposition. by Michael Radjavitch, Photography Editor On Saturday, October 19, the CRIMINALINTENT intramural soccer teamplayed itsfirst game ofatwo-game weekend. Unfortunately, when they took the field against STIFF NIPPLE they were missing three important startingplayers. GoalieHank Nowak, fullback NatalieLesh and forwardConstantine Karides were not present. Also, the injured position, and newly recruited team member Doug Sylvester, a first year, waspresent as a muchneeded back-up. AlthoughCRIMINALINTENTwasable to field afull team, with two substitutes, itwas evident that theabsenceofthe defensive starterswou Idhavea serious c ffeet on theoutcome ofthe game. Within only a few minutes the opposing team had established themselves as an oITensi ye threat, and a m istakeby the make- by Norbert Higgins With aheartbreaking lossinovertimeon Tuesday night, the Moots ended the 1991 intramural basketball season withaO-5record. It wasa tough season, during whichthe Mootsexperiencedmanyrosterproblems. After star forward/guard George Snyderwas lost for the season withapain tillhangnail injury, only MikeFeliciano and NorbertHiggins managed tomakeittoeverygame. For the secondgame, acontingent ofanonymous stars played for the Moots, however, what the Moots gained in talent they lost in team unity. They were defeatedbyateamofovergrownman-boys,ss to 24. No one showed up to cheer the Moots. The third game was an exciting one, becauseonry four Mootsshowed up—Higgins, guardManny. The opponents weremalformed gym-rat undergrads. At theten-minute mark, the Moots had reached an important milestone: their first lead! Things seemed to be goingverywell,eventhoughnoone had showed up to cheer onthe Moots. The referees for this game, as in all others, sucked. Theysimperedandgiggledand flirted with the ugly girl who was keeping score. When one of the opponents stuck his greasy headrightinto center/point guardMarks' stomach, a pimply referee with the face of Frankenstein called Marks for a charge. Forward/center Nowak's arms gained new scratches everytimehe approached thebasket, but nary a whistle was heard onbehalf ofthe October 29,1991 continued onpage 10 The Opinion 9 �Rex Imprimatur Captain'sLog: 10/16/91 The tides of change have once more broughtmy ship, the U.C.C. /fonc/io.outofdrydock and placed it upon the seas in search of spoils. My crew and I set sail out of Port Placidity, having languished like the lotuseaterso fHomer ina prodigal manner befitting idiot children ofthe wealthy and intelligentsia. Itwasonlybyourcunningandstrengthof will that we escaped the enticements of the over-indulgence that had marked our existence. Thatand thefact thatthe cable channels had been destroyedby tropical storm Jack, an anomaly not quite strong enough to beafullfledged hurricane but dangerousnonetheless. Weleftport amid rumors thatoursomeume-comrade-but-mostly-party-crasher, L.D. Silver, hadbeencapturedandthatasubsequent trialwasheld in his honor. Ourthoughts were on L.D., albeit confused thoughts thattried to assimilate all the information. We were left in a veritable quandary, with our belief in humankind shaken to itscore. Ourcollective conscious wasriddled withdivisive thoughts and the taskofdistinguishingbetween a temptressan alascivious cur. The sadthing wasthat L.D. was not an originalthinker, justa fool on the hill. Once more we were atsea,ready to take on theforces ofnature and those ofhumankind that dared pit themselves against the U. C. C. Honcho flying theJolly Roger. Onourfirstday out there was little to encounter. The seas of publicity were calm as few people were ready to make substantial waves overthe L.D. controversy. Captah'sLog: 10/19/91 The pastfew days havebeen melded into one, withlittleto change the scenery exceptan occasionalalbatross. However, today wehave sighted the Charles S. Desmond, an ungainly craft noted for its ponderous movement and slow procedure buta juggernautnonetheless, plowing throughthe foamy brine. Inan annual display ofblood thirsty barbarism, scores of smaller craft flocked about in an effortto take the noted brassring from thefigurehead, each sloopdancing onthe waves to therhythm setby the Desmond as it swayed fitfully over the swellsofthe ocean. rmconvincedthe.Deymo/tt/ will not be vanquished 'tilApollo's Chariot journeys seventimes through the firmament. TheDeymondisaproudcraft,and rightfully so, as it has gathered to it noted personalities ofthe realm. Yet, I have heard spurious calumny from rumourmongers that theDesmond extracts a price from its crew hitherto hidden among the initial sought troves. Captain'sLog: 10/24-25/91 With a select group I have taken upon desperatemeasures in securing anewcrew for my ship. With a hired wagon I ventured into Capital City with the sordid intent of shanghaiing some hapless individuals into servitude on the Honcho. I had convinced myselfofthenecessityofsuchanefarioustask. Using the public good and similarrubric as inducements I intended to convince others of the altruistic nature and spiritual benefits of workingaboard avesselthat put thewelfare of othersbefore thatofitsvery crew. My fortune wasmarred bythe slaughterhouse approach of manyand diverse organizationsattempting to lure unsuspecting souls into fates worsethan those designedby Hades himself. Thereams ofpaperthat exchanged hands thatday spelled thedeathofcountlessarborealbrethren. While I stood transfixed in the gripsofanunshakable horror watching the carnageunfoldas I stood withinits very midst, I received word frommy crew thattheDesmondv/as hoursaway from capitulating. The annual feasting upon the carcass wouldbeless thantwo sunsets hence. Filled with disgust at the frenzied process I gatheredmy band and we sojourned that very eve. Captain'sLog: 10/27/91 OncemoreaboardiheHondio, newshas reached me thatthe Barr-Goldstein garnered the laurel that accompanies the brassring of victory. Having personallymetthecrewofthat schooner, their success only reinforces my conviction intheirpro ficiency ofmaneuvering inanencounterofthisnature. Onasombernote it is becoming painfully obvious that the populace ofthatcheerily titledregion known as Suny Abluff is less than pleased with the performance of its town elders. While the WhitePro fit, known to thosedisgruntled sectorsas the usurping leaderofthedemesne,had run intofinancial strainsthat defied irrational thought. ThereisacloudonthehorizonofSuny Abluffsfuture. Ipraytheyareequaltothetask. WITH CRIMINAL INTENT Fellowship Funds The Charles Revson Foundation hasannounced theavailability ofLaw Students Public Interest(LSPIN) Fellowships for law students interested in working inpublic interestpositions. attending law school inNew Yorkand New Jerseywho have secured volunteer summer placements withpublic interest organizations in the New York Metropolitan area. The 1992LSPIN Fellowship Programis being administered by theRoot-TildenSnow Program atNew York University School ofLaw. Up to 50 grants willbemade to students working full timefor ten weeksduring the summerof 1992. Applications and detailsare available in the Dean's officeand in the Career Development Office. LSPIN encourages all interested students to apply. Deadline forapplications is Friday, January 31,1992. Awards willbeannounced byFriday,March6,l992. Letters to the Editor.•••continued I am writing thisletter to clear up a few misconceptions which I felt weretendered by the recentQpjnion. article entitled "LULU: Hazardous Waste as Income?'' (Oct. 16, 1991). The article described a recent talk by Mr. Herbert Inhaber, an environmental analyst, on amethod ofdealing with hazardous wasate and otherpotentially unwanted landuses. Theaspectofhazardous waste whichMr. Inhaberaddressed wasnotwherethere should behazardous waste, but given that there is hazardous waste, what is the best way to find a suitableplace to dispose ofit. Themethod presented by Mr. Inhaber, termedthe "Reverse Dutch Auction,'' involves offeringan incentive (money) to any (environmentally suitable) municipality which is willing to host the site. Ifthere are no takers, the incentive is increased until some municipality accepts the offer. I don't believe Mr. Inhaber inany way meant thatachange in attitude wouldalleviatethe problem ofchoosing hazardous waste, but only thatitwouldalleviatethe problemofchoosinghazardous waste disposal sites. Elizabeth Beiring, 2L The A.W.LS. "Adopt>a-1st-Year" Program's a Big Hit! by Erin Wolfe During the first month of this acaing class," stated John Cody. "It's so demicyear, the Association ofWomen Law helpful knowing thatmy adopter is there. Students sponsoredaprogram by whichfirst She was so warmand open overthe phone year studentswerematchedwith secondand -itwasjustgreat Now, iflcould beadopted third years, in an attempt to make the first by achauffeur, a laundress, and achef, I'd year's transition into law school a little be perfect!" exclaimed JaneWade. Upeasier. Over 2 5 percent ofthe law school' s per-class students benefited as well,formfreshmen class signed up for the A.W.L.S ing newfriendships and new interests as a , '' Adopt-a-First-Year ' program,wifli60adop- result oftheadoptions. tions being made in all. Response from the A.W.L.S. requests any lLs who upper-class studentswasenthusiasticaswett, signed upfortheprogrambuthavenotyet ensuringa successful program. In fact, more been contacted by an upper-classstudentto 2Lsand3Lsvolunteered than wereneeded! leave a note in Box 401. In addition, Many 1Ls whoparticipated found the A.W.L.S. urges participatingupper-class program tobequite helpful. "Ithought(my students to contact their 1Ls to offerhelpful upperclassadopter)wasvery.helpful. It'sa advice and moral support as the Class of wonderful program and I definitely wantto 1994 heads into its first round of final participate next year to help out the incomexams. - continued frontpage 9 defenses were able to maintain the status quo by either side. Most ofthe action during this fortheremainderofregulation play. Much of timecentered around the other team'splayers this credit goes to the goalies, especially the and their whining complaints to the referees HOLYROLLERS back-up goalie who was about CRIMINALINTENT'S physical play. forcedtomake numerous savesaftercoming in However, with only three minutes left in the to replace their injured starter. game, CRIMINALINTENT lostthe ball while Withthe game ending in aO-0 tie,afive pushing it intothe other team's sideofthe field minuteovertime period wasplayed andCRIMIand this resulted in a breakaway for STIFF NALINTENT showed justhowgoodtheyare. NIPPLE. Before the defensecould react, the CRIMINAL INTENT wonthe toss, opted to other team's forwards were in theboxand they take the ball,and scored almost immediately. scored the winning goal. This disheartening 2Midfielder Rob Cisneros intercepted a poor -1 lossdroppedCßlMlNALlNTENT'srecord pass,passedthe balltoanopenMarkSkoultchi, to 1 -2,and forcedthem intoamust-win situation and Mark then pushed the ball into the box. for their last two games. Francisco Duarte wasready for itandhefired On Sunday,CRIMINALINTENT played the ball into the net, giving CRIMINAL INamake-up gameagainstthe HOLYROLLERS, TENTaI-Olead. Withthelead, andonly four the undergraduate team representing the minutes remaining, CRIMINAL INTENT Campus Crusade for Christ. This game was played very aggressive defense and kept the very different from that ofthe previous day, ball outoftheir side ofthefield. This defensive however, because CRIMINAL INTENT'S effortlead to numerous scoring opportunities starting defense was present and at full strength. as CRIMINAL INTENT's forwards took sevHank Nowak was back in goal, Ira Levy and eral shots on goal duringthenext three minutes. Natalie Lesh were at fullback, Michael Rob Cisneros again made a key play as he Radjavitch was atstopper, and JohnMessinetti chased down a deflected ball in front ofthe was well enough to take the field at his usual HOLY ROLLERS goal. In an attempt to getto sweeper position. The individual skills of the ball, the goalie blatantly fouled Rob from theseplayers are not the onlythings thatmake behind, and the refereeblew the whistle. Rob this defensive team so good, but also the fact placed the resulting penalty shot into thelower that they play so welltogether. left corner ofthe goal, making the final score The two teams were very evenly 2-0. ThisvictorygaveCßlMlNALlNTENTa matched, and none ofthe shotstaken byeither 2-2 record, with onegameremaining inregular team during the first halfresulted in a score. season. CRIMINAL INTENT had far more CRIMINAL INTENT played its last opportunities in the second half, but both 10 The Opinion gameoftheregular season this past Saturday. October 29,1991 They faced AZADI, the only undefeatedteam inthe division,and AZADI showed whythey were undefeated. Although CRIMINAL INTENT placed a great deal ofpressure on their opponentsandtooknumerousshotsongoaLone hitting the crossbar and one hitting apost, they were unable to score. AZADI, however, knocked intwo in eachhalf winning byascore of4-0. Withthis disheartening loss, CRIMINALINTENT'srecorddroppedto2-3 forthe season. A winwould have guaranteedCRIMINAL INTENT a playoff berth, however, the team'shopesnowrested upontheresults ofthe following two games. Unfortunately, itsimply was not meantto be,and neither ofthe games ended with the victory that would have put CRlMlNALlNTENTintotheplayoffs. With a three-way tie forthird place,and each team having beaten oneofthe others,itcame down to a tally ofgoals against. The 4-0 loss onthat day raised CRIMINAL INTENT'S total to eight goals against and effectively knocked them put ofthe playoffs; the other two teams tied forthird place each had only seven goals against. ThusendedCRIMINALINTENT's third intramural soccer season. Congratulations to all those involved: Co-captain Jorge Guerrero, Hank Nowak, Natalie Lesh, John , Messinetti, Ira Levy, David Downie, Constantine Karides,Francisco Duarte, Mark Skoultchi, Marc Shatkin, David Chien, Frank Housh, John Justice, Barbara Saver, Mark Schaefer, John Foudy, Doug Sylvester, and PaulO'Brien. Remember, the Spring season is onlyacoupleofmonths away! MOOTS continued frompage 9 Moots. Whilethese crappy calls contributed to the Moots' loss, what really killed them was missed shots. The Moots had a height advan- tage,butheightdoesno good whentheballrolls around therim and falls out. The Moots also lost the rebounding war. Every time Higgins leaped to grabthe boards, it seemed that a pair oftiny, pudgy, gnome-likehands wouldcome out ofnowhere to stealthe ball. Astheclocktickeddown,theopponents caughtupandgainedarwo-pointedge. With ten seconds left, the Moots took the ball out from underneaththebackboard. Nowakstreaked acrossthekey and was wideopen. He shot! Oh no, an airball! But Higgins grabbed the miss and withareverse layupworthy ofDoctorJ,he sent the game into overtime. If anyone had been there tocheer onthe Moots, itwouldhave been an electric moment. The overtimeperiod wastoo depressing to dwell upon. Suffice it to say thatwithfive seconds left, Paul Dell blew it. Trying to bea hero, heflung upashotfrom the half-courtline, evenas three otherMoots stood wide open at the three-point line, pleading for the ball as time trickled away. After the game, Dell claimed thathe "used to make shots like that all the time." The Mootswere formed in the Springof 1990. Theyhaveneverwonagame. Hopefully, next semester things will be different. �THE DOCKET FSDFSDFSDF II L.A.L.S.A. "DiadelosMuertos" (day ofthe dead) Halloween Pot Luck Dinner 71 Windermere Blvd Thursday, October 31 6:30 p.m. Human Rights Center Two weeksofHuman Rights Activities Nov. 4th to 15th. All eventsto be held in O'Brian Hall except where noted I I Abdallahi An'na'im Tuesday, Nov. 5 "IslamandHumanßights" 2:30-4:3opm sthfloorfaculty lounge I Wednesday, Nov. 6 "Who Killed Vincent Chin" 3:30- s:oopm Discussion onracism & Asian-Americans Istfloor lounge Co-sponsored by the Asian AmericanLaw StudentsAssociation H NLG & Others sponsors.... present Clovis Maksoud Ambassador Thursday, Nov. 7 "Indigenous Rights in Guatemala" - 12:00 2:00 Miguel Quiej,rep ofQueiji Indians Istfloorlounge Co-sponsored by the Western New York Peace Center & Latin American Solidarity Committee Wednesday, Nov. 13 "Native American Rights" Peace in the Middle East? ■ Ambassador Maksoud wasthePermanent Observer ofthe League ofArab States in the United Nations, and the ArabLeague's chiefrepresentative to the UnitedStatesfrom 1979-1990 Dr. Maksoud is thecurrentDirector oftheCenterforthe Study ofthe Global South at the School ofInternational Serviceat the American University. Wednesday, November 13 3:3opm Room 109O'BrianHall,Amherst Campus Dr. Maksoud is the currentDirector oftheCenterforthe Studyofthe Global South at the School ofInternational Serviceat the American University. Wednesday, November 13 3:3opm Room 109o'Brian Hall, Amherst Campus Dr. Maksoud willgivealateraddress at 7:3Opm inroom 147 Diefendorfon the Main Street Campus. Refreshments will beprovided by the WesternNew YorkPeace Centerand the Middle East Task Force. 12:00-2:00 pmPaulWilliams, Oren Lyons Faculty lounge Co-sponsored by Native American Peoples' Alliance, Graduate Group on Justiceand Democracy 3:3opm "Peace in the Middle East?" Room 109Dr. ClovisMaksoud, former ArabLeagueambassadorto the UNandU.S. 7:3opm "Peace in the Middle East?' , - South Campus (same as alx>ve Main Street campus) Thursday, Nov. 14 Discussion on the situation in Haiti 12:00 Istfloorlounge situation in Northern Ireland. 1 st FloorLounge 5:00 Blood Mobile Research and Writing Informational Meeting Tuesday Nov. sth Room 106 5:00 p.m. Monday &Tuesday, November 4th & sth 10:00 a.m. -4:00 p.m. Ist Floor Lounge Phi Delta Phi "How to prepare for Finals" Advice for I L's Wed., Nov. 6 3:3opm, Rm 108 I I I I I / Mooters \ / Board \ I Positions to be J \ announced on / V Nov. Ist J Mandatory Meeting for Student Group Treasurers Wed. Nov 6th 4:3opm orThur. Nov.7at 3:3opm Ist Floor Lounge �___ / / A / /Bi/A«/B Isk . r/H B W H ■Jβ 8w // ENROLLMENT } ec?C W»O DISCOUNT / / When you register lor the BAR/BRI New York bar review course. You receive: ■ A $230 DISCOUNT oil the $1325 bar ■ The Gilbert Mulllstate Diagnostic Clinic review course tuition. (Your tuition: FREE. (Regular BAR/BRI student $1095) tuition $95.) ■ The New York Essay Advantage FREE. ■ The Arthur Miller CPLR Mlnl-Revlew (Regular BAR/BRI student tuition $175.) FREE. (Regular BAR/BRI student tuition $75.) BAR REVIEW mprf. ALBANY LAW SCHOOL BRIDGEPORT LAW SCHOOL BUFFALO LAW SCHOOL CUNY LAW SCHOOL HOFSTRA LAW SCHOOL MANHATTAN rnURSE LOCATION Sat., 11 12 Sun., 11/3 - B-Sun., 11/3 C Thurs., 11/7 D-Sat., 11/9 PACE LAW SCHOOL RUTGERS LAW SCHOOL SETON HAIL LAW SCHOOL SYRACUSE LAW SCHOOL TOURO LAW SCHOOL U CONN LAW SCHOOL WNEC LAW SCHOOL YALE LAW SCHOOL A - 9AM IPM Sat.. 11/2 Sat.. 11/2 Wed.. 10/30 A Sun.. 10/27 UVE M nreo^Mattot^ M E-Tues.. 11/12 Sat.. 11 12 Sat.. 11/2 Sun.. 11/3 Thurs.. 11/7 Sun.. 11/3 Sat. # 11/2 Sun.. 11/3 Sat.. 11/9 10AM-2PM - 10:30AM 2:30 PM 11AM-3PM - - 6:3OPM 10:30PM 11AM 3PM 11AM-3PM - 6PM 10PM 11AM-3PM 6PM-10PM -- - 10AM 2PM IPM SPM 11AM-3PM SPM 9PM -- 9AM-IPM 10AM 2PM 10AM 2PM 10AM-2PM East Wing Room 14 Room 10β Room 135 Room 308 Ramada Hotel at Madison Square Garden BAR/BRI Office BAR/BRI Office BAR/BRI Office BAR/BRI Office Preston Hall-Room 401 Room 108 Room 202 Brooks Had 8217 Knight HaD-Room 115 Room A Room 126 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-10-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/29/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1098f1fa3ea8af41c95ea820c087e5bc.pdf 3a094ea4c62febd9d35ea587bd65dc5d PDF Text Text O THE PINION Volume 32 No. 7 Novemeber 12,1991 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Greenpeace Lawyer Speaks on Career Choices byAndrea Sammarcq, iManagingEditor For many politically active law students,an unavoidable source ofanxiety exists in determininghow much moral compromise isnecessary and/or properwhen searching for a legal position. What does it mean to "sell out?" Can the true environmentalistreally be happy workingforExxon? Enlightenment on this subject came fromaninformed sourcelast Thursday as Greg Poe, Assistant Deputy General Counsel for Greenpeace USA, spoke to a group ofinter, ested UB law students.Poe sappearance atUB was funded bythe Buffalo Environmental Law Society,Law Students forCorporate Accountability, and the National Lawyers' Guild. Before attaining his position as one of come from the inside." At the sametime, Poe advised students that attempts to reform current societyrequire theactivist lawyer totake an "uncompromising stance. Gototherootof theissue. Thisisthemethodology forchange." He compared the current U.S. political climate to theroot canal he had justundergone, wheredenialreigns untiltheproblem becomes too hugeto ignore. Poe' s daily scheduleas attorney for the only two lawyersemployedby Greenpeaceas in-housecounsel Poe worked for oneofD.C's less "morallyrigorous corporate consulting firms. In doingso, hefound himselfchampioning the causes not only of Greenpeace (for whom oneof the firm'spartnersdidpro bono internationally known environmental group (FOIA) requests. His duties also includereincludesahugeanddiverseassortmentoflegal searching political issues (such as the recent issues which must be dealt with, not only to appointment ofClarence Thomas to the Sueffectuate the ultimate aims of Greenpeace, preme Court) to determine the appropriate butalso to make sure that it runs smoothly as stance for the organization to take on such a business and as an employer. His duties issues. Everyyear,Greenpeacepaysoneortwo include advice on direct actions taken by internsto help with the tremendous workload Greenpeace activists, as well as researching constantly laid uponthe tiny office, whichhas trusts and estates issues, personnel matters, only two attorneys and one legal assistant. and drafting Freedom of Information Act According to Poe, Greenpeace onlyrecently established in-house counsel, preferring instead to farm out legal questions to litigation-oriented environmental groups such as Sierra Club Legal Defense Fund, the Environmental Defense Fund or sympathetic law firms willing to do pro bono work. Although Greenpeace employs a number oflawyers in non-law positions(the National Director, Peter Bahouth, is anon-practicing attorney), the strategy ofthe grouphas been to effectchange througharenasotherthanthelaw. "Thereisa tendency to overvalue whatlawyers do inour society." Poe further argued that since the ' 'judiciary is becoming the branch ofgovernment leastreceptive to change," it isessential forgroups suchas Greenpeace to utilizecom- work),butalsoofsuchnotablecorporateplayers as Occidental Chemical. This experience, coming early on in his legal career, provided Poe with a great deal of practical experience and knowledge in the field ofenvironmental law. However, at the sametime thatit broadened his horizons, Poe stated thathe feltmoral ambivalence about his role in defending the actions ofcorporate polluters. Thisambivalence finally culminated inthe switch to public interest, which wasaccompanied bya pay cutofapproximatelyhalfofwhathehadbeen earningpreviously. As a result ofthese experiences, Poe directed the students in attendance to think long and hard about the path they choose to take.''You should workforthejob whereyou'll be happy and gain experience. Reform may munityorganizing and consciousness-raising techniques to achieve environmental quality goals. Poe wounduphispresentation withadvice to law studentsaboutthe practical aspects offinding a job. The environmental public interest sector is particularly hard to break ' Greg Poe spoke to law students Thursday on thetrialsand tribulations ofbeing an PHOTO: Paul Roalsvig environmental lawyer. TheFirstAmendmentinthe 1990's bySrikantRamaswaini, News Editor This past Saturday, a symposium was held at theBuffalo Hilton ontheFirst Amendment inthe 19905. Thefirstpartoftheprogram focused on the politically correct movement. The five panelists included Leroy Smith, a formereditorial writerfortheBuffalo Newsand current lecturer atUB; Randi Fahs, an attorney for Hodgson, Russ, Andrews, Woods and Goodyear;Normal Siegal, the executive director of the New York Civil Liberties Union(NYCLU);DavidJay,anattomeyonthe NYCLUBoardofDirectors;andProfessorWade NewhouseofUß Law School. Mr. Smith tried to definepolitical correctness by talking about what political correctness is not. He said it is not throwing epithetsand hurling abuse against women or people because of sexual orientation, or any minority group. He said thathe was glad that UB was not a school thathad fallen victim to the political correctness debate, citing thatUB has had some intolerance, but no serious overt action. However, one should not underestimate this. He said he would draw a line between fighting wordsand specificaction and intimidation. As advisor to The Spectrum he has had someproblems. For example,Mr. Smith mentionedthat The Spectrum has received some nasty letters. Mostofthese are published, but whenthe speaker singles out one person and hurlsabuse onthatperson, theline isdrawn. He asserted thatthere wasno exception to the First Amendment right for people to speak even that whichis arrogant, abusive, or obnoxious. Fahs statedthatthe notion that speech can be chilled has become the norm. He claimed, however, that the correct side was taking theviewthat freeexpression should be allowed, including theright tomake horrible statements. Healso said that certain identifiable groupshavebeen discriminatedagainst; thequestion is do we use thepower ofthe state and how do we decide where words endand conduct begins? If words violate another person'sright so thatfree speechand personal rights are in conflict, the debate becomes wheredo we draw the Line? Norman Siegal stated that on the eve of the 200thanniversary ofthe Bill ofRights it was very alarming to note what is happening in the country. Siegal cited 2 Live Crew and the Mapplethorpe pictures in Ohio as examples ofthe government punishing people forspeech. He saidDennis Barry, directorof the museum in Cincinnati, was indicted for the actions taken by the museum to display Mapplethorpe' swork. Mr. Siegal said that it was important to let the federal, state, and local governments knowthat they can't tellyou what you canread orbring home into bedrooms. He said there was an intolerance movement in this country and, as civil libertarians, it was important to focus on thisandbe eternally vigilant. Siegal also noted thatwith Justices SouterandThomas in place ofJustices Brennanand Marshall on theSupreme Court, theCourthad become ' 'retrogressive.'' He said that we cannot feel comfortable thinking that those justices are going to be there to help us understand these issues,although he hopedhe was wrong. He was concerned withtheregular premise offree expression. Siegal presented the ACLU's position on university speech codes. Believing that freedom ofthought and expression are indispensable to the pursuit ofknowledge and the dialoguenecessary to learn, he statedthatthe ACLU opposes all campus regulations that , interfere with students and administrators' ability to express opinions or feehngs in the classroom, or inprivate and public discourse. Siegalthinks people should beable tothink as into, since 'there arenot manyjobsand people tend to hold on to them.'' He told students to be vigilant, stay informed, and to especially concentrate on creating ' 'your own lines of communication.'' He offeredhimselfas one avenue ofassistance, giving students his addressand phone numberfor futurereference. they please and say what they think. But he added that it is not acceptable for people to engage in conduct. Mr. Siegal further stated thatthe more difficult questionofdistinguishing speech and conduct must be addressed. Conceptually it wasnot okayfor someone topick upthe phone, call an African-American eachnightat2 in the morning and engage in racial epithets. He contended that although itcould beargued that the person was speaking, this was speechplus intimidating conduct. Siegal also said that withrespect to the "politically correct movement, he finds it interesting that President Bushwrappedhimselfaround theFirstAmendment and talked about free expression. This was the same man who wanted to change the continuedon page 9 HIGHLIGHTS Black Solidarity SBA Constitution Movie Review Kurds Student Directory ...page 3 ...pages 6 & 7 . ...page 8 ...page 10 ...page I I �Study with Pieper... and pass. j v v v v v v f\ t\ f\ t\ (\ t) if Pieper New \fork—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516)747-4311 PIEPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller C 1990 �U.S. Interdicts Central American Refugees in Mexico By JonGarde Since thelate 19705, thousands ofCentralAmerican Refugees havepoured acrossthe Mexican-American border, fleeing warfare, persecution, and poverty. Themajority come from El Salvador, but many also come from Guatemala, Nicaragua andHonduras. Mexicannon-governmental organizations (NGOs) which provide legal and humanitarian aid to these refugees estimate their number at 400,000, and over 300,000 are believed to be undocumented. Although Amnesty International has verifiedthese estimates,the Mexican govemment places thenumber ofundocumented Central American refugees within Mexico at lessthan 50,000. Throughout 1990and 1991,the United States Government has interdicted thisrefugee fk>wthrough"OperationHoldThe Line." Running the Gauntlet, thelandmark report by Bill Frelick oftheU.S. Committee for Refugees(USCR) hasrevealed that theU.S. Immigration and Naturalization Service(INS), actinginconcertwiththeU.S. Drug Enforcement Agency andthe CIA,hasadvisedand equipped the Servicios Migratorios, the Mexican counter-part to the INS, in the apprehension, detention,and accelerated deportationofCentral American refugees. Michael Trominski, the INS District Director within Mexico City, has indicated that over 160,000Central Americanrefugees were forcibly returned to Guatemala during 1990. This estimate hasbeen confirmed by a senior government official in the Mexican InteriorMinistry. ThisisalOO%increaseover the number deported from Mexico to Guate- mala in 1989, and over a 1000% increase over the 1988 figure. The U.S. Congress has committed $35O,OOOtotheINS forboththe 1991and 1992 fiscal years to be spent towards continued aggressive apprehension of undocumented aliens within Mexico. Whilethese funds have notbeen earmarkedfor CentralAmericans, the INShas acknowledged the "cooperation [of] the GovemmentofMexico to stem theflow of CentralAmerican migrants through thatcountry, including.. the deportation ofintercepted Central Americans.'' Judging from the findings oftheUSCR, this expenditure willlikely contribute tothe forced return ofhundreds of thousands ofCentralAmericanRefugees into Guatemala. WhileTrominski applauds theServicios Migratorios for its''vigorous... enforcement ofthe law, " Central AmericanRefugees describe Operation Hold theLine asthe prolongation ofthe nightmare from whichthey have fled. Refugees such as "Lucia report that bribes, beatings, robbery andrapeare typically doled out by Mexico's federal police, municipal police and officers of the Servicios Migratorios. Bill Frelick reports that bands ofrobbersambush these war-torn migrantsas they attempt to detour around Servicios Migratorios check-points, located along all majorhighways throughout SouthernMexko. Evidence suggests that this occurs with the complicity oftheMexican government. During arecent interview,Frelickrelayed reports fromseveralrefugees whohadwitnessedthese "criminals" fraternizing next to all terrain vehicles identical inmodel and color to those suppliedto Servicios Migratoriosby theUnited States government. Frelick also said ofthe federal police that"each ofthem has hisown privateparamilitary group working withhim. '' Refugees have little to no opportunity for legal recourse within Mexico. Until last spring.Mexicohasnotevenbeenasignatoryto the/957 U.N. Convention Relating to the Status ofRefugees (nor its 1967Protocol). The signing ofthe 1951Convention, andthel99o enactment ofa new General Population Law has providedalegal basisto providerefugees somemarginofsafety withinMexico. Under, Article 42,Section VI ofthenew law, "Refugees" arepersons who''have beenthreatened by generalized violence,foreign aggression, internal conflicts, massive humanrights violations, or othercircumstances that have greatly upset public order in theirnation of origin.'' Thus, Article 42 specificallyprotects persons fleeing conditions ofwarand further stipulates that "Refugees may not be returned to their countriesoforiginnorsent to any other, where their life, liberty orsecurity would be threatened. '' Although many Central Americans would qualify,primafacie,forprotection under thenewlaw, refugee workers withinMexico are not overly optimistic. This lack of enthusiasm is due to the evasive non-committal manner in which the law iswritten. Article 42, Section VI includes thesentence, "Those individuals whoaresubjected to political persecution foreseen in an earlier sectionare not covered by this migratorycategory." In thisvein,Article42, Section VI, defines a refugee,. as someone who fears "actual persecution Thishasbeen the defi- nition ofrefugee traditionally proffered within Mexico, yet it has rarely been awarded, and when granted,ithas largely beenextended to renowned persons fromoutside ofthecountry. Thus, a false finding by Mexican authorities that a Central American refugee falls under this definitioncould be used to justifydeporting him or her to Guatemala for the alleged purposeofapplying from outside. Ofcourse, to apply forrefugee status within Guatemala could belethal. A similarapproachhas been used by the INS in adjudicating Central American asylum claims in theUnited States. The 1980Refugee Act, as derived from the 1951 Convention, definesarefugee as a person who,''owing to wellfounded fearofbeing persecuted forreasonsofrace,reugion,natk>nality,membership ofaparticularsocial group orpolitical opinion isoutside the country ofhisnationality and is unable or, owing to such fear, is unwilling to avail himselfofthe protection ofthat country." This standard has been applied with complete disregard forjustice. Refugees have thenearly insurmountable burdenofproving thereasonableness oftheirfear ofpersecution. This burden ofproof entails an evidentiary standardrequiring adegree ofspecificity tantamount to "actual persecution.' Most Central Americanrefugees, however,leave their country oforigin withonlythe clothes they are wearing. Having to travel under cover, many are withoutvalididentification Most darenot carry any physical evidence that may well substantiate theirU.S. asylum claim because itbutwould mean certain death if discovered by authorities during aclandestine escape. continuedonpage 10 . Voices,Visions, and Views on Black Solidarity SaultmH.Baptiste Monday, November4,l99l .wasßlack Solidarity Day. But whatis Black Solidarity? TheClarenceThomasnominationwasclearly representative ofthefact that AfricanAmericans do not always speak witha united voice, rather there exists a multiplicity ofopinions. This range ofperspectives was underscored during theBlack Law Student Association's panel discussionfeaturing threeAfricanAmerican UBLaw Schoolprofessorsexpressing their thoughts onBlack Solidarity. Professor Muhammad Kenyatta began witha historical perspectiveofBlack Solidarity stressing that solidarity should not beconfused with unity. ' 'There never has been, or will there everbe complete unity among Afri- Americans to end slavery and achieve "full manhood rights" orfull citizenship. These goals were partially shared by white abolitionists who were opposed to slavery,but who were not willing to grant full citizenship toAfrican Americans. At the end ofthe CivilWar, solidarity as concentrated on full citizenshiprights , such suffrageand the end of'Jim Crow barriers. Kenyatta said that there was a great deal of debate during the early 1900sregarding the directionAfricanAmerieansshouldtake.Some supported the \Back toAfricaMovement' lead by Marcus Garvey, while others supportedthe Communist Party concept of establishing a separate black republic in the south. The NAACP lead a campaign towards African Americans achieving full citizenship rightsas Americans through thecourt system such as in Brown v The Board ofEducation, ahallmark against segregation. During the mid 19505-60s, thereagain grewastrategy for immediatefreedomnow or full rights. This strategy was successful in 1964,1965,and 1966 theCivilRights "whichculminated in thedisestablishmentof. .legal racism." Towards the end ofthe 60's there wasadrive towards 'black power,' -"an amalgam ofvariousstrategies [with] an accent on selfdeterminationwithin.. theframework ofthe ConstitutionoftheUnited States, "with some separatisttendencies. There was also a concentration onblack prideand globalafrican identity - Pan Africanism. Since the late 1960s and early 1970s Kenyatta has seen "some floundering" regarding the next step forAfrican Americans. Thereare questions thatremain to beanswered ProfessorKenyattaprovides an historical such as the limits of a legal strategy where perspective on Black Solidarity. "racism maybe eradicated as a matteroflaw, Photo: Michael Radjavitch [butjmaycontinueasamatteroffact." Another can Americans or any group ofthree ormore question to be answered is whether the people. Solidarityis a shared sense ofpurpose relationship ofAfrican Americans with Africa and mutual concern moving towards some is simply emotional or are there concrete sharedobjective.'' things which can be done to aid oneanother in The distinctionbetween solidarity and theattainmentoffuUmanhoodor "personhood'' unity is determinativefor Kenyatta since hisrights. tory has shown that solidarity is possible withProfessorCharlesCarrconcentratedon out unity. From 1619 though the mid 1800s, a present day need for unity in the black there was asharedpoint o fview among African . _ Law Professors JudithScales - Trentand Charles Can discuss Black Solidarity with Photo: Michael Radjavitch members of the University at Buffalo community. community to address the problems of inadequate education, economic development, and drugs. He said that politicians are not said theterm "black solidarity has an' in your face'" quality which she did not like. She defined the word 'black' as intrinsically exclusionary when coupled with solidarity. Scales-Trentis concerned with who, as "Gate Keeper," will determine who is, and is not, black. Scales-Trentdoes, however, understand the concept of family. She sees African Americans as a family' 'which celebrates and responsive totheAfricanAmerican community and that it is the responsibility of African Americans to determine their future. For example, ProfessorCarrstatedthat in 1982he was absolutely against the legalization of drugs,howevertoday "he is slowly beginning to look at it alittle differently". To makean mournstogether, but doe&not.. always agree." economically viable community, people must She interprets the term family as an inclusive bewillingtoliveinit. "Aslongasthe...profit term which allows anyone who shares the margin ofillegal drugs.. .exits," Carr feels commonconcern toparticipate in the struggle African Americans will never be able to for humanrights. A studentasked,' 'How do we begin to recapture these communities. He feels the on hasbeen a failurebecause the work towards black solidarity?'' Kenyatta ' 'war drugs" government attackslow level drug dealers in responded, "Itis not'how dowe beg in,' but that the community and pretends the drugs are it has begun." He added that it is up to the manufactured in the community.'' The current generation to identify the shared goals government is not the answer and African thatwill lead A fricanAmericans intothe 21st Americans must work in a united effort to Century. rebuild their communities. Professor Judy Scales-Trent hada different perspective on Black Solidarity. She November 12,1991 The Opinion 3 �opinion fig ca i November 12,1991 Volume 22 No. 7 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco Natahe Lesh Srikant Ramaswami DarrylMcPherson VitoRoman Michael Radjav itch StaffWriters: Kevin Collins, Saultan H. Baptiste Contributors: RebeccaEisen, JeffreyErtel, AngelaGott, BUIKennedy, BrianMadrazo James Maisano, Melanie Mecca, Paul Roalsvig, Hans Tirpak, ReneeWakier, Tom Winwar( Editorial Earvin' 'Magic Johnson has tested positive for the HIV virus. Such a simple awareness in the United States. Congress has jumpedonthe' 'increased funding for AIDS research bandwkgon and is beratingPresident Bush for hislack ofcompassion forthe terminally illindividuals hapless enough tobeinfected withAIDS. It istheequivalent ofareligious revival for the American pub he. Theentirecircus is sickening for a numberofreasons. Foramomentoverlookthe fundamental statementby the behaviorofoursociety thatthemillionsoflivesaffectedbyAlDSpreviouslywerenotenoughto gainwidespread supportfor finding acure. " Forthright' 'thinkingpersons dismissed victims ofthedisease asirresponsiblepeoplereapingwhat they had sownorasheathens being punishedby God for sins ofthe flesh. The aspectofAlDSasaprimarilyheterosexualproblem inAfrica only clouds theissue for such people and is never enteredinto their grislypunishment calculus. However, Magic Johnsonis differentin the eyes ofthe American public. Magic is a sports hero with one ofthe most recognizable smiles in the United States, is considered by people ofall ages to bea respectable individual, and inone twenty four hour period becamethe most visible spokesman for AIDSresearch. Now, everyone in the United Statesknows an AIDSinfected individual whopresumably was not infected through hoii losexualrelations or hypodermic needles. The eulogies for Magichave just begun as people in the walkwaysand inthefiner eating establishments discussthemerits ofMagic' s lifestyle. His history ofbeingsexually promiscuous in college and inhisearly professional career hasbecomeafactor inhow people viewhis tragedy. To discount his promiscuity is almost a denialofhow he caught the virusand to dwell upon the factor is to lose sight ofthe need to take the second step in awareness; namely, action. The only positive outcome ofthis tragedy is thatthose persons whohave turned offCNN sincethe end ofthe GulfWarare now aware thatthere are victims oftheHIV virus that don't fit under therubricof "junkies" or"faggots." statement has had an immeasurable effect upon the level ofAIDS Copyright 1991. TheOpinion.SßA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpress consent oftheEditors. TheOpinionis published every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork at Buffalo School ofLaw. The views expressedin this paperare not necessarily thoseoftheEditors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo,NY. Editorialpolicy ofTheOp inion is determinedby the Editors. The Opinionis funded by the SBA from Student LawFees. TheOpinionwelcomesletters to the editorbutreserves theright to edit for length and libelous content. Letters longer than three typed double spaced pages will be edited forlength. Pleasedonotputanythingyouwishprintedunderourofficedoor. Submissions can besent via CampusorUnitedStatesMailtoTheOpinion. SUNYABAmherst Campus. 724 JohnLordO'Brian Hall, Buffalo, New York 14260 or placed inlaw schoolmailboxes 443 or 512. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion. ÜBLAWSTUDENTWINS PHILLIPS.LYTLE SCHOLARSHIP Cheryl M. Gandy, a second-year student at U.B. Law School, has been awarded the firstscholarship providedby theBuffalo law firm ofPhillips, Lytle, Hitchcock, Blame &Huber. The $2,500 cash award wasestablishedby the firm to reach outto theBuffalo community andencourage minoritylaw students toremain and practice in Western New York. The scholarship wasawarded to a minority or disadvantaged student who could show strong academic performance, financial need and commitment to remain in Western New Yorkaftergraduation. A Buffalo native, Cheryl plans to be an active participate in Buffalo community development, to addition to openingher ownlaw firm onthe east side ofßuffelo, Cherylhopes to expandher services to includehousing developmentand jobtraining programs. The law firmwillaward two more scholarships next year oneto asecondyearlaw studentand one to athird-year student. - 4 The Opinion November 12,1991 THE OPINION MAILBOX An open letter to Norbert Higgins: Let me express at the outset that I am a proponentofdiversity onthis campus; both in the makeup ofthe student bodyand the ideas those students espouse. I,et me also express thatI read The Federalist Papers, and indeed, to turn aphrase,'' Some ofmy best friends are Feds." In the past, I have had some fantastic, engaging, thoughtful exchanges with fellow law students (Feds included) on a variety of issues. Wedon'talways agreewith each other, but wecan learn from each other. Letmealso saythatI don'toftenagree withwhatis printed in The Federalist Papers and I almost never agree (in fact, I don'tthink ever-but I won't rule outsomefuturemiracle) withyouropinion on anything Mr. Higgins. (That is, where I can discern an actualopinionfromthevenomous, vitriolicstatements youpublish). Many times, I have thoughtabout writingto you ortrying to speak withyou. Always, I have been too busy orthought' 'what differencewould itmake?'' But, this being the bicentennial ofthe Bill of Rights and my position being that the best response to offensive speech is more speech (NOT restricting speech) I am taking this opportunity to exercise my First Amendment rights. Though I findsomuch ofthematerial you write and publish to be offensive, I will focus myresponse to two articles: I.)' 'More StuffAbout Clarence Thomas, '' The Federalist Papers Volume 4 Issue 2,0ct0ber11,1991. 2.) "Moots Lose Again & Again & Again. "The Opinion October29.1991 p. 9. 1.) In your Federalist article, you with some disdain that (to ' 'hard-core stated feminists") "a date rape occurs when sex occurs with any reluctance on the woman's part." (emphasissic.) WhydoyoufindthaUo be a problem Mr. Higgins? It's a simple rule and you don'thave to be a ' 'hard-core feminist' ' to understand it. "No" means ' 'no.'' "No"doesnotmean"maybe." "No"does notmean"Keeptrying,you'lltalkherintoit" orShereally wants it and sheis justplaying coy.'' Ifshereally "wants it Norb, she' 11let youknowinnouncertainterms. Yousee.most women that I know liketo take an active role in their own sexuality. Now, Irealize some- times womengiveoffsignalsthat are' 'confusing" to men, maybe even misleading. Also takencareofbyasimplerule. Whenyou'renot sure if the signal is green for "go", red for "stop", oreven yellow for "slowdown, I'm thinking about it" —play it safe, Norb. Give the woman (not yourself) the benefit ofthe doubt. Backoff. Gohome. Whatever. Butdon't forcethe issue (or more importantly, yourself) onher. Under thelaw, thatisrightfully called rape. Furthermore, ifyoudon'tknowawoman well enough to communicate withher about what's goingon inherhead or evencare about whatshe wants or doesn't want, what on Earth are you doingtrying to get in her pants? This particularly offensivestatement was published within an article that spewed nothing but bileand did not contain any ideas or opinions that could objectively be called insightful. Knowing many ofthe Federalists (both current and past members) I do not think your attitude speaks for them. Thus, it is misleading that as Editor your articles and editorialopinions arepubushedas speaking for The Federalists. As I stated earlier, I may not agree with everything the Feds espouse,but I defendyourright and anyother group'sright to statetheirposition. TheFeds are one ofa few groups atthis law school thathave a history of openly debating issues. In carrying on that tradition Mr. Higgins, your report card shows you falling offthe "Q" train into "D" land. 2.) Yourarticle " MootsLose Again & Again & Again." Well, I must give you creditforyourconsistency Mr. Higgins. More bile spewed forth withoutrhyme nor reason. What possible journalistic, legal or sportsmanship idealdo youachieve bycalling your opponents in a basketball game "malformed gym-rat undergrade"?Orby stating the referees "sucked" because "they simpered and giggled and flirted withthe ugly girlwho was keeping score " ? Do youhaveany regard forhow thescorekeepermust feelafterreading that statement? Moreover, who are you to sit injudgmentofanotherperson'sattractiveness orlackthereof? Imusthavemissed thePeople magazine "Sexiest Man Alive" issue with yourface onthe cover, Norb. I must state I am shocked, amazed and slightly disappointed that The Opinion Editorial Board finds these statements fit to print. While the First Amendment is about, amongotherthings, freedom ofthe press and freedom of speech, those rights come with responsibilitiesattached. Asaformerjournalist, I can say that any newspaper must aspire to accuracy andobjectivity in itsreporting. I'm nottalking abouta' 'don'tbeoffensiverule." I'm talkingaboutcovering the W' s; tellingthe story accurately and devoidofopinions unless itis placed on theeditorialpage,the op-edpage orperhaps the features section. I assume here thatyourarticle wasintended to bean attempt atreporting a sporting event. However, I digress. Your article went onto characterize an opponent * shead as "greasy," a referee's face as "pimply" and akin to that of Frankenstein. (Once again, accuracy Norb. Frankenstein was theDoctor; the creator, ifyou will, notthe creationandhis ' 'monster didn'thaveanacne problem as far as we know). You then showed a flagrant violation ofsportsmanship when you singled out a teammate and stated that he basically "blew" the game. I have learned my own lessons through competition (sports and academic) about the negative effects ofthis type ofbehavior. Perhaps thisattitude is an indicationofwhy your''team hasnever wonagame-you don't play as a team. Withyourattitude towards sportsand people, Iprobably wouldn't pass the ball to you eitherNorb. Lastly, it is both blasphemous and hypocritical ofyou, ofall people, to compare yourself to the great Dr. J. (Not to mention another part ofyour article which likely has no basis in fact). As an avid andlongtime Philadelphia 76ers fan, I must state that there was only one Dr. J., and Michael Jordan'stalents notwithstanding, there willneverbeanother. Ifyourresponse to my comments is "lighten up—it'sjusthumor'' oryouconsider yourselfsome sort of"artist",then Ipose the question to you as a Federalist: Would you supportNarionalEndowmentforthe Arts fundingforyour' 'artistic expression that somany ofthe populous find offensive? IfI thought I could engage in a civilized discourse with you on this matter Mr. Higgins I wouldnotresort to writing a letterto The Opinion. However, giventhe one experience I had trying tospeak withyou last year, I have surmised thatyou are not interested in an exchange ofideas. Allow me torefresh your memory: You were sitting at a table in Baldy walkway. A "no smoking" sign(universal symbol) hung on the wall directly above your head as you puffed away while others attempted to eat theirlunches. I politely asked youtoputoutyourcigarette. Yourresponse: "I will. When I'm done withit." Thatday.you created the presumption for me that you are inconsiderate to those who disagreewith you and that your mind is closed to any ideas converse toyours. That' s asad thing tohave to sayaboutany humanbeing; apatheticthing to have to say about a student ofthe law. My condolences on the death ofyourmind, Norb. Most Sincerely, Jennifer Pitarresi �Thoughts on Homophobia '' Semantics, you 'rekillingme withsemantics!" So cried Michael Stivikback in the early 19705. Well, now it's my turn. Specifically, I wouldlike to take issue with the current use, and misuse, ofthe term "homophobia." The term can be likened to many otherterms inpsychological and sociological parlance. It is used to describe a condition or attitude that is withinthe mind of a certain individual. In truth,the term homophobia lacks the limited validity of the social sciences jargon because this term,beyond the ideological and emotionalpurposes behind it,has noreal application. Instead, it has beenused so extensively beyond its intended meaning that it now falls into the category of slur,insult and slang. "Phobia is defined as "an exaggerated, usually inexplicable and illogical,fearof aparticularobjector group ofobjects." Inthis sense itseems obvious thataphobia ofsomething isnot good; itisa sickness ora depravity. If this were so, then those deemed ' 'homophobic" should beadmitted forpsychiatric counselling and care. They should exhibit a pathological hatred ofgays,possibly manifesting itselfin violent,beitverbal orphysical, episodes. These cases should be pitied, controlledand opposed byall segments ofsociety. Homophobics, in the real sense ofthe word, wouldbe truly dangerousand objectionable. Obviously, those who are deemed homophobic should be treated in the same mannerasbigotsandracists. Homophobics, by definition,are those whofittheabove description,however, this is increasingly not thecase. Instead, advocatesof thegayrights movement have taken to labelling all those who for any reason or purpose oppose their goals as homophobics. Whatmany supportersofgay rights seem tohave forgotten isthat untilveryrecently vast and overwhelming portionsof society viewed gaysas depravedand objectionable creatures. Objectionsto homosexuality werebelieved to be the rational moral viewpoints of decent society. Gays were the deviant ones; it was theirconduct and lifestylethatneeded defending and explaining, not thatofthose who objectedto it. In the past thirty years all ofthat has been turned on itshead. Today, anyopposition tohomosexuality isregardedaswrongandimmoral. Itisgenerallyregarded thatanti-homosexual views may only stem from such deviantmental states as "phobias." lam firmly ofthe opinion that this is not the case. Therecan be no doubt, as I havealready stated, that those who manifest truly homophobic tendencies shouldbe condemned. Modemsociety shouldhave noplace formonsters who derive pleasure from the pain of others. However, gayrights advocates donot limit their objections to the actions of just thosedeviantpersons. Nordotheyreserve their verbalireandcriesof"homophobic" forthose who truly deserve it. Polemics in Politics The people Louisiana are favored to electDavid Duke as theirnext governor. Mr. Duke is aformer XXX grand wizard,holocaust denierandanavidhaterofblacks. Hehassold and distributed Nazi paraphernalia as late as 1989. He blatantly liedwhen claiming to be a veteran ofthe Vietnam War. Hehas said that allblacks should be sentback toA frica, and all Jews should be forcedto move to Long Island which is to be renamed West Israel. As an undergraduate studentatLouisiana StateUniversity, Mr. Duke led severalpro-Naziprotests and calledforthegassingofthe Chicago Seven. InAprilofl9B9,Mr.Dukeattendedawildbash tocelebrateHMer'slOOthbirthday. Mr.Duke, as recently as 1990, has received financial contributions from two neo-Nazi SouthAfrican organizations, including the paramilitary White Wolves. When questioned about bis Nazipast,Dukeshrugs his shouldersatwhat he refers to as his "youthful indiscretion." Yet Duke seems to be somewhat ofa hero in Louisiana, the only state in America that follows the Napoleonic Code instead of common law. Duke appeals to thefearsofhis mostly lower middleandworking class white Baptist constituency, which is afraid to the point ofxenophobia offoreign competition. This is aconstituency that is willingto vote for him andoverlook hishorrendous past, aconstituency that getsoffended by national politicians coming to their state and lambasting Duke, as exhibited by theirincreased support ofDukeafter Ronald Reagan campaigned for his former congressional opponent, whohappened to beaDemocrat. Duke eloquently andpassionately speaks at AmericanLegion and Lion' sClub meetings inLouisiana and spoutshisanti-Japanese rhetoric to the point wheremany inthe audience are brought to tears. He tells tasteless jokes in public about the nuclear attacks on Japan. He has had several plastic surgery operations to remodel his facial features to resemble what the ThirdReichconsidered to be properforan Aryan. He twists the truthandreality for his own demented cause. And they do.love it in Baton Rouge. The question is-why? Americaisnotin astate ofdepression orchaos as Germany was when Hitler came to power. Is the answer simply thatLouisiana is suigeneris and has a particular subculture that finds Duke attrac- tive? There is norealanswer. It is conjectural. But, the dangeristhatthis situationmayresult in a possible victory forDuke. Inevitably, akin to Louisiana's corrupt political history, which hasseenan alcoholic embezzleras Governor (Edwin Edwards), a Hitler sympathizer as senator (Huey' 'Kingfish'' Long), and other eccentric extremists in powerful state positions, Duke stands out as a vanguard of the Louisiana identity A champion ofthe causes ofworking class whites whoperceive themselves to belosing jobs to affirmative action programsand foreign competition. Duke has masterfully capitalized onthesefears withhis personality, charm, youthftxl looks and will ingness to kiss babies. To many in Louisiana, Duke is seenas an honest manwho has never tried to deny orcover up his past dealings, The gayrightsmovementclearly has no purpose other than to have the gay lifestyle deemed to be as acceptable and desirable as "normal" orheterosexuallifestyles. Whatis important is to admit that there are possible objections to this goal, whichare notrooted in homophobic reactions. It is on this point that I believe the line between homophobics and opponents to gay rights has been blurred. That homosexuals deserve the right to befree from verbal orphysical harassment is without question. Any who would disagree with this surely require stricter scrutiny to determine where theirintentions lie. Human beings quahuman beings are free to choose. Though they mayalso be held accountable for their actions, the right to choose is the most fundamentalright ofhuman existence. Homosexuals should,and must, beallowed the freedomtochoosewhether to live as homosexuals orsuppressthatwhichiswithinthem. In times continued onpage 10 Understanding the "JAG Corps" Controversy Theorigins ofthe current "JAG Corps'' controversyand the motivations behindthe legal action initiatedagainst SUNV at Buffalo are complicated and apparently not widely understood. Therefore, I have attempted to address some ofthe misrepresentations and misinformation contained inBill Kennedy' sletter to the editor, published in-the October 29, 1991 issue ofThe Opinion, in aneffort toremedy this problem. First, the Lesbian and Gay Law Student Organization (LGLSO) and the National Lawyers Guild(NLG) did notand cannot initiatea suitagainst theJudge Advocate General Corps (JAGC) or the United States Armed Forces (USAF) directly because ofthe legal requirement of standing. LGLSO and NLG decided to approach this issue from the perspective ofstate law to meet the standingrequirement. NewYorkStateExecutive Order 28.1 prohibits discriminationbased on sexual orientation in services and benefits provided by state agencies; this provided the basis ofthe action. However, hundreds ofsuitshave been filed, and continue to be filed, directlyagainst the USAF by lesbian and gay service people dishonorably discharged or otherwise discriminatedagainst by the USAF because oftheirsexual orientation. Second, LGLSO andNLG weresuccessful in ourlegalactionagainst SUNY at Buffalo. SUNYat Buffalo hasexercised its option to appealthe orderissued on September 19,1991, by theDivision ofHuman Rights, OfficeofLesbianand Gay Concerns. Enforcement ofthis orderhas been stayed pending the outcome oftheappeals procedure. Third, if and when the order is enforced at SUNY at Buffalo, all employers who discriminatebased on sexual orientation will be barredfrom interviewing oncampus, not justthe JAG Corps orthe USAF. The factthatUBlaw students will nolongerbenefitfrom the convenienceof on-campus interviews withthe JAG Corps doesnot in factresult inany lost opportunities. Syracuse University Law School, forexample, has along-standing ban against the JAG Corps. Notwithstanding this ban, whichincludes aprohibition against any JAG Corps literature,last yearfourUBlaw students gained employmentwiththemilitary upongraduation. WhenJAG Corps isbanned fromÜB, those studentswho wantto pursue employment in the military will be in the sameboatas allthe students whocurrently seek public interest jobs. Those who seekpublic interest careers have no otherchoice but to expend theirown resources and travel to interviews. The opportunity for military employment does not disappear when JAG Corps isrequired to conform to New York StateLaw. Fourth, the LGLSO and the NLGlegal action against SUNY at Buffalo, is part ofa nationaleffortto force theDepartmentofDefense(DOD)torescindDirective 1332.14,which prohibits lesbiansor gaymen from serving inthe military. According to the July 1991 report ofthe ACLU'sLesbian and Gay Rights Project, 77 collegesand universities, bothpublicand private, report efforts to ban militaryrecruitment and ROTC programs until the military changes itsdiscriminatory policy against lesbians and gay men. The ACLU report is only a sampling ofallthechallenges toDOD Directive 1332.14currently undertakenby students continued onpage 10 continued onpage 10 FORDEIALTN SYHOUG. ECESSARY! November 12,1991 iy^HWy The Opinion 5 �TEXT OF PROPOSED SBA After several months of fine tuning and many hours of vigorous ad hominem debate, the SBA has proposed amendments to the Constitution. [stricken portions are tobe deleted;bold portions are to beadded] THE CONSTITUTION ofthe STUDENT BAR ASSOCIATION ofthe STATE UNIVERSITYofNEW YORKatBUFFALO SCHOOLofLAW PREAMBLE The Student Bar Association, in or- der to promote and protect therights and interestsofthelaw studentsofthe StateUniversity of New York at Buffalo, and to secure the associationand goodwillofthemembersofthe legalprofession, doesordainand establishthis Constitution. ARTICLE I Name Thisassociation shall be known as "The Student Bar Association ofthe State University ofNew Yorkat Buffalo School of Law" (hereinafterreferred to as "the"SBA"). ARTICLE II Membership Section 1. Regular Membership Membership in the SBA isconferred upon all students enrolled full or part-time (hereinafter the "Student Body") at the StateUniversityofNewYork atBuffalo School ofLaw (hereinafter referred to as' 'theLaw School"). Section 2. Honorary Membership Honorary membership may be conferred upon individuals not meeting the requirements for Ml regular membership. An honorary member shallhave none ofthe obligationsofmembership inthe SBA,but shallbe entitled to all ofthe privileges except those of makingmotions, holding office, and voting. ARTICLE 111 BoardofDirectors Section 1. Composition Theßoard ofDirectorsoftheSBA (hereinafter the "Board") shall consist of four officers: President, Vice-President, Treasurer, and Secretary, and eighteen ClassDdirectors; (six from each class). These officers shall performthedutiesprcscribed by this Constitutionand the documents establishedunder the authority derived therefrom, and by theparliamentary authority adopted by the SBA,and in a manner prescribed therein, orbe subject to such disciplinaryprocedures as may be established under theauthority ofthis Constitution. No member may hold more than one (1) permanent position as a memberoftheBoard at onetime. Section 2. Eligibility ofClass Directors and Officers 4tA. Any SBA member may become a candidate for a position as a Class Director representing hi3cla33 by submittingapetition containing thevalid signiatures ofat least ten (10) per cent ofhis the class. The candidate "must be a member ofthe respective class. 2tß. Any SBA membermay become a candidate for President, Vice-President, Secretary orTreasurer by submitting a petition containing the valid signiatures ofatleast ten (10) per cent ofthe regular members ofthe SBA. hC. Candidate petitions must be received by the SBA Office at least one (1) full week in advance ofthe election under procedures set forth in theBy- Laws in accordance withthis Constitutionand theBy-Laws. Section 3. Elections A. The elections for the Board of Directors shall be conducted according to 6 The Opinion this Constitution, theBy-Laws, and any additionalrules and regulations developed in accordance therewith. All members oftT-he Board shall be elected by secret ballotafider election procedures set forth inthe By-Laws, and spaceshall be provided onthe ballot or machinefor write-in candidates. ThePresident,Vicc-Prcsidcnt, Secretary andTreasurer will be elected in the Spring Semester between March 1 and April 20. Other members ofthe Board will be elected in the Fall Semester, within thirty (30) days ofthe first day offall classes. TheseEelections will take place over two (2)consecutive school class days during one week. 4tß. Elections for Class Directors shall be completed in accordance withthe By-Laws, on dates set by theBoard, no later than September 30. Class Directors shallbe electedby aplurality ofthe votes castby their class. Should their there be a tie vote for the sixth position, thenall thoseindividuals candidates who shallhavcrcccivcdthenumbcrof votessufficicnttoplace them in the tic are tied shall participate in arun-off election to take place no morethantwclvc(l2)class fourteen (14) calendar daysafter the original election. There shall be no write-in votes permitted in therun-offelection. zbC. Elections for theExecufive Officers shallbe completed in the Spring Semester on dates set by theBoard between March 1 and April 20. The President, Vice-President, Secretary andTreasurerof the SBA shall be elected by a plurality ofthe votes cast for each office, respectively, provided that the plurality includes atleast one-third (1/3) ofthe ballots cast in therace. Should no candidate receivetherequiredminimumpercentageof votes, then all candidates receiving at least twenty-five (25) percent ofthe votes cast in that race shallbe eligible to participate in a run-off election in which the candidate with the greatest numberofvotes shallbe declared the winner. Should only one (1) candidate receive atleast twenty-five(2 5) percent ofthe votes cast after the first election, then that candidate andthe candidate receiving thenext highest total of votes for that office shall participate in therun-off. Should nocandidate receive twenty-five (25) percent ofthe votc3 cast in the election for that office, then the newly- elected officers shall by a vote oftwothirds(2/3) adopt aproccdurc specifying who shallparticipate intherun-off election forthat office then thecandidates with the three (3) highest numerical totals ofvotes, provided each such individual total is at least fifteen (15) percent ofthetotal vote, shall participate in a run-off election. The candidate with the highest number of votes shall be declared the winner oftherun-offelection. Therun-offelection shallinno case takeplace mere no lessjhan twelve (12) class two (2) class daysnormore thanfourteen (14) calendar days after the original election. There shallbe no write-in votes permitted in the run-off election but in no case shallit take place after April 20. 3. Only studcntsnotschcdulcd to graduate at the end ofthe Spring Semester will be entitled to vote for the President, Vicc-Prcsidcnt, Secretary and Treasurer Executive Offteersr Section 4. Term ofOffice 4tA. The term ofoffice offirst and second yearall ClassDirectors shallrun until their successors are elected ortheir graduation, whichever is earlier. 2. The term ofthird year directors shallrun until the day they graduate. —3tß. The term ofoffice ofthe President,Vicc-Prcsidcnt, Treasurerand Secretary Executive Officers shall run untiltheir successors arc duly installed. Installation ofthe newly elected Executive Doard Officers will take place at the last SDA meeting of the Spring Semester, from May 1 toApril3o. Section 5. Temporary Absence,-aed Permanent Vacancy, and Removal in Elec- Novemeberl2,l99l tive Office 4tA. Temporary absence: An Executive Officers or directors are is temporarily absent when they arc unable to carry out the responsibilities oftheirthe position as determinedbytheExecutiveCommittee,orwhen their the position, has been declared permanently vacant,by the Board ofDirectors-end no successor hasbeen elected. 2tß. Substitution of a temporarily absent absent officer: A temporary substitute must be appointed whenever anExecutiveOfficeris temporarily absent orwhenever an Executive Officer temporarily assumes another SBAoffice. 8:1. A temporary substitute may be appointed whenever an officeris temporarily absent or whenever an officer temporarily assumesanother SBA office. IfthePresident is temporarily absent, the Vice-President shall temporarily assume that office. If another Executive Officer is temporarily absent, the remaining Executive Officers must appoint a ClassDirector to serve as a temporary substitute. IftwoormoreExecutive Officers aretemporarily absent prior to the time a temporary replacement has been appointed foranyofthepositions, theBoard of Directors shall appoint temporary replacements from among its membership. br2. If the President is temporarily absent, the Vicc-Prcsidcnt shall temporarily assume thatofficc. Ifanother Executive OffieCl is iCfiipoiflxiiy flosciiij uic rcin<lllllllll ca j ccutivcOfficcrsmay appointanother Boardof Directors member to serve as a temporary substitute. A temporary substitute shall serve until the permanent Executive Officer returns or untila newExecutive Officer is elected. A candidate elected in theannual Spring election ofExecutive Officers shall immediately replace a temporary substitute. e?3. A Class Director who is appointed a temporary substitute for an Executive Officer shallalso continue to serve as a Class Director, but such individual shall have only onevote. dr4. A temporary substitute shall oCrVC lIDIII tOC pClllTaXlClll i-jXCCUiIVC UiiICCF returns or until a new Executive Officer is elected. A candidate elected in the annaat Spring election of Executive Officers shall immediately replace a temporary substitute. No temporary substitute shallbeappointed under this sectionfor Class Directorswho are temporarilyabsent. The procedure for temporary substitutions for Class Directors shall be determined in theBy-Laws. c. No temporary substitute shall be appointed for class directors who arc tempoicti liy tin sent, 3tC. Permanent Vacancy: The BoardofDirectors shall declare anyofthe twenty two(22) elective offices permanently vacant ifthe holder ofthepositionresigns, is removed from office, or is temporarily absent for more than four (4) consecutive class weeks or four (4) consecutive SBA meetings, whichever is less. arl. The Board shall declare an clccn'vcofficepcnnancntlyvacantifthe holder ofthe positionrcsigns, isremoved from office, or istemporarily absent for more thanfour(4) consecutive class weeks or four consecutive SDAmeetings, whicheverisless. If the Office of the President is declared permanently vacant, theVice-President shallassume that office for the remainder of the term. The Office ofthe Vice-President shall then be declared permanently vacant. b?2. Ifa permanent vacancy occurs in the office ofthe President, the Vicc-Prcsidentshallassume thatofficefor theremainder ofthe term. The office ofthe Vicc-Prcsidcnt shallthen be declared permanently vacant. If a permanent vacancy occurs in a Board position otherthan the Officeofthe President,theBoard shallpro videforan election to fill the vacancy not more than twenty- eight (28) calendar daysfollowing the creation ofthe vacancy. If the term ofofficefor the position vacatedwould expirewithin the twenty-eight days, theBoard shallappoint, byatwo-thirds(2/3)voteoftheentireßoard, an individual to complete the term ofoffice. c. Ifa permanent vacancy occurs in an elective office other than the office ofthe President and thereare more than seven (7) class weeksbefore thenextregularly scheduled election ofexecutive board officers or, in the case of a vacancy in a class director position, seven (7) weeks before the end of the semester, an election must be held to fill the term, such election to takeplace no later than eighteen class days after the vacancy occurs. The election may be waived at the discretion ofthe SBA Board ifno more than one candidate meets therequirements fora valid candidacy as determinedby theSBA. 4tD. Two unexcused absences, as defined by the Bylaws, during a semester shall result in automatic expulsion from the Board ofDirectors for the remainder ofthe term of office. E. A member oftheBoard ofDirectors beremoved from office by a 3/4 vote of may the entire Board. Just cause for removal shall be: 1.Failure to maintainmatriculated statusat thelaw school; or 2.Failure to uphold and fulfillthe and purpose policies ofthis Constitution or theBylaws. Section 6. Meetings A. TheBoard ofDirectors shallconvene at least once each month from September 1 through April 30,on dates to bedetermined by the Board at its first meeting of each semester. B. No membermayhold more thanone (1) permanent position as a member ofthe Board of Directors at one time, and Each memberoftheBoar d shallhave only one vote at all times, except thePresident who may vote only where it affects the outcome or duringa secret ballot. Voting shallbebased on the total votes present unless otherwise specified by the Constitution or By-Laws. Actions based upon a vote of "the entire Board shallbe calculatedfromall twentytwo positions on theBoard, regardless ofany vacancies. C. Allregular meetings oftheBoard ofDirectors shall be open to the campus community, except those which bya majority vote of the Board are declared to be executive sessions. D. The Board shallconduct business only upon the presence ofa quorum, being two-thirds (2/3) oftheBoard positions not declared permanently vacant. E. The Board, absent a quorum, may perform such non-discretionary functions as areexpressly mandated by the Constitutionor By-Laws, but under nocircumstances shall the Board consider any motion concerning finance, affiliation or discipline, nor any resolution. All functions not fully executed shall be subject to review by a quorum. ARTICLE IV Executive Organization Powers and Duties Section 1. Board ofDirectors A. The Board of Directors is the representative studentgoverning body ofthe SBA and shallhaveprecedence overall other recognized and dulyapproved student organizations and activities. The Board, in accordance withthis Constitution, shall: 1. The duties ofthe Board shall include but shallnot be limited to: arl Representing the studentbody in matters pertaining to thelaw school, Act as final representative fortheLaw School StudentBody; b. Supervising and coordinating all activities of duly approved and recognized ■ student organization, �CONSTITUTIONAL AMENDMENTS er2. Reviewing andapproving therecognitionapplications ofall law student organizations, and suspending SDA privileges of any groupnotcomplying withthisrequirement and therequirements for such documents that the Board may lay down, Charter, rescind charters, impose sanctionsand provide for the regulation of thelaw student organizations; i:3. Appropriating SDA funds as itshall deemproper, and having control overthe student activity fee, Appropriate the mandatory student fee and otherrevenues according to the Bylaws; upon a two-thirds (2/3) majority vote, withholdandmodify appropriations of the SBA; and formulate and review the budget policy as it applies to all organizations receiving moneys from the tion, this Constitution, the Bylaws, and the rules promulgated in peursuance thereof; 2. Be amemberand thechair ofthe SBA Appointments Committee and theExecutive Committee; 3. Dcresponsible forAssure the execution ofallresolutions and motions passedby the Board; 4. Submit, in association withtheTreasurer,to theBoard for approval an administrative budget for thefollowing year; S.lnformandrecommendto the Board matters concerning student welfare; 6. Actas the officialhost, representative,and signatory ofthe SBA; 7. Appoint ad hoc committees orassistants withthe advice and consent ofthe Board; SBA. 8. Callthe Board into session at the dr4. Regulating all 3tudcnt elections, beginning of each semester; and call for emergency meetings in a manner consistent Have the power to make rules and regulathe tions necessary for proper administrawiththeBylaws; tion ofelections; 9. Perform suchother acts and duties with law-orias directed by theBylaws orBoard or as are ers. Affiliateing other commensurate with the office ofPresident. ented organizations; Section 3 B. The duties ofthe Vice£6. Superviseiagtheofficialcalendarof events President shall include, but not belimited to: all school and activities, gr7. Receiveiflg and deliberateiag upon 1.Assume the duties ofthePresident in any motion presented by any SBA member thePresident' s temporary absence and sucOfficerorDirector; ceed to the Presidency should that office to a become vacant; h. Summoning hcaring(s) and imposing sanctions on any student or student 2. Assist inthe executionofthedutiesof organizationforviolationofthisConstitution the President as directed by the President orany oftherules promulgated in pursuance and in accordance with the Constitution, tncrcor, Bylaws, andrules promulgated inpursuance the j:8. Have power to investigate, thereof; make resolutions in areas of 3. Be in charge ofthe charters, and report and student life necessary to promote the genapplications forrecognition of all organizaStudent Body. tions; eral welfare of theLaw School Passingresolutions not inconsistent with this 4.Bea member of theExecutive ComConstitutionoranyrulcs promulgated thereof, mittee and be an ex-officio member of all k?9. Createiag such committees and other SBA committees; 5.Perform such otheracts and duties agencies as it deemsproper in the operationof as directed by theBylaws orBoard oras are the SBA; 10.Provide for the compilation and commensurate withtheofficeofVice-President. publication ofall mainmotions; Section 4 C. The duticsofthc Secretary 11.Pursue discipline ry actions, up to and including censure orexpulsion,against shallbe: members oftheBoard ofDirectors; 1. To maintain a writtenrecord of 12. Exercise such powers as autho- all official business conducted by the SBA rized by the State ofNew York or its agen- including but not limited to minutes ofBoard cies. meeting s,to post notice and agendas for mcct2. The Board shall perform its duties ingsandtocauscminutcsand otherappropriate matters to be published according to this Conprovided, however, that it shall do so inaccordance with this Constitution and any rules stitutionand therulcspromulgatcd inpursuance thereof, Maintain allrecords and files ofthe promulgated thereof, including theparliamentary authority herein adhered to, including SBA, including copies ofallcorrespondence, specificrequirements fornotice, presentation and arrange for permanent preservation of ofmaterial to bediscussed,voting procedures its archives; and requirements, and any other rules and 2 ..T-eMmanagethe business and office affairs ofthe SBA; procedures thatmay beadopted. 3rß. The Board shall additionally be 3. Post notice,agenda, and otherapempowered to makeany andall Bylaws under propriate matters for meetings; keep full the authority expressly delegated by this and true myiutes ofthe proceedings ofthe Constitution, bya two-thirds (2/3) vote; and Board, to be published prior to the start of to approve anyfurtherrules andregulations the subsequent meeting; which shall be necessary and. proper for 4. Promote and publicize the activexecuting the powers and dutiesofthe SBA. ities ofthe SBA; 5. Bea memberoftheExecutiveCumAll Bylaw amendments shalltake effectthe day following the last dayofthe semesterin mittee; which theamendment wasappro ved. givewr 6. Perform suchother acts and duties as directedby the By-Laws orBoard oras are withhold itsadvice and consentto suchactivities as this Constitution or any rules promulcommensurate with the office of Secretary. gatedthereofshallrequire, pursue disciplinary actions, including suspension or cxpulsiea; Sections D. Theduticsofthc Treasurer againstofficcrs and SBAmcmbcrsaccording shall be: to whateverproceduresarc providedfor in this 1.Tβ Bberesponsible forthedistribution Constitution, the SBA By-Laws,and Robert's andmaintenanceofallSßA funds andmanage Rules ofOrder, and generally exercise what- the business affairs ofthe SBA; ever powers may be granted to it by other 2. To Cause to beaudited Oversee the Articles ofthis Constitution. auditingoftheaccountofaHany SBA-funded student organizations, uponinstruction ofthe Section 2. The dutiesofthe President Board; shall include, but not belimited to: 3.T-β Ppublish a monthly statement of Executive Officers the treasury and to make such statement pubA. The President shall: licly available, according tothe format estab1. Preside overall meetings oftheBoard lished in the By- Laws, report the informationcontained therein to theBoard monthly perRobert's Rules ofOrdenmost recent addi- at a regular meeting; and be prepared to provide substantially similarinformation to the Board, upon request or as otherwise directed; 4. Review and formulate financial policies subjectto the approval oftheBoard; 5.Assist thePresident in preparingan administrative budget proposal for thefollowing year; 4t6. T-βbße a member and chair ofthe Finance Committee andbe a memberof the Executive Committee; 7. Perform suchother acts and duties as directed by theBylaws orBoard oras are commensurate with the office ofTrea surer. Section 3. Class Directors Each ClassDirector shall: 1.Serve ona standing committee; 2. Communicate effectively withhis orher constituency; and 3.Perform suchother acts and duties as directed by theBylaws orBoard oras are commensurate with the office ofClass Director. ARTICLE V Compensation Section 1. Performance ofDuties Officials ofthis organization and its subsidiary organizations shall not receive financial or materialremuneration for the performance of duties to other than those expenses incurred in the performance of said duties. Section 2. Official: Defined An official ofthis organization orits subsidiary organizations shallbelimited to members of the Board ofDirectors, the executive officers ofall recognized student groups as defined by their organization's constitution on file with the SBA and all persons appointed pursuant to Article IV Section 1 andArticle VI ofthis Constitution. ARTICLE VI Committees Section 1. The Committees oftheSDA shallbcas providedforinthe By-Laws. Standing and Ad Hoc Committees A. The Board shall create such standing committees as it deems proper in the operation ofthe SBA. The standingcommittees and the duties ofeach shallbe outlined in theBylaws. B. Ad hoc committees may be formed by thePresident with theadvice and consent oftheBoard. A time limitwill beset on such committees, and the committeeshall report its findings within the specified time. C. The appointment and removal of members to committees shall be as determined by theBy-Laws. Section 2. Exceptas provided for in UltUjr ~J_**W3jflppOlllllllCDlo lO i—itVrr CVCflOOlttDu uflivtrsiiy vOjiiiiiiixcc3 will dc iiiuoc in me Section 4D. All University and Law School committee appointments will serve from the time oftheir confirmation by the, Board until May 31. their successors arc duly confirmed, unless removed under the provisions of Section 5, below. The Board of Directors mayterminate the appointment of any SBA member to any committee for any reason by a two-thirds (2/3) vote. Sections. Should theBoard ofDirectore, for any reason, wish toterminate the appointmentofany SDA member to anycommittee, it may do so by a two- thirds (2/3) vote. ARTICLE VII Referendum and Recall Section 1. Referendum The Board ofDirectors shallhave the power to submit to the Student Body foran electionany resolution it believes the members of the SBA should act upon for final decision. The election shall be held at times determined by the Board, but not less than two (2) consecutive classdays, and not more than seven (7) calendar days. Public notice of such electionshallbe given not less than seven (7) days before it shalltake place. A majority of the votes cast at the election, providing thatat least twentypercent (20%) ofthe StudentBody vote, shallbe sufficient to pass theresolution. Section 2. Recall Recall is the power of the Student Body to remove an electedofficial. Recallof an official is initiated by submittinga petition andreasons forrecall to the President of the SBA and two Class Directors designated by the caucus of each set of Class Directors. Sufficiency of reason(s) is not reviewable. If the constituency is Law School-wide, the petition must contain the signatures of regular members equal in number to fifty percent (50%) ofthe voteat thelast general election. Ifthe constituency is a Class, the petition must contain the signatures ofthe regular members in the respective Class equal in number to thirtyfivepercent (35%) ofthe Class. The President of the SBA, upon determining the petition(s) to be in goodorder, shall conduct an election to determine whether to recall the official and, if appropriate, to elect a successor, not less thanfifteen (15) nor more than thirty(30)days from the date ofsubmission ofthe signatures. If the majority vote is to recall, the officeris removed and, ifthere is a candidate, thecandidate whoreceives a plurality is the successor. Theofficial may not be a candidate. If the recall of the President ofthe SBA is initiated,the recall duties ofthat office shallbeperformed by an independent, regular member of the SBA designated by theBoard ofDirectors. samemanner and atthe same timeas appointments to committees oftheSDA. Appointments Committee 4-A. The AppointmentseCommittee will be chairedby thePresidentofthe SBA.andwill include the Vice-President, Secretary, Treasurer and any other directors who wish to participate two ClassDirectors appointed by thePresident will theadvice and consent of theBoard. 2-B. As soon as practical after the Fall elections, tTheAppointments Committee will publicize available University and Law School committee positions and interview prospectivecandidates in accordance withthe Bylaws. Interviewsshalltake placeno earlier than oneweekaftercommitteepositionshave been publicized. 3C. Theftrecommendationsofthe Appointments Committee will be given to the Board ofDirectors no later than September 30. at thefirstrcgular SBA meeting following the interviews. Approvalofanyrecommendations will bemade by amajority ofthe Board ofDirectors, present andvoting. ARTICLEVm Amending This Constitution Amendments Section 1. Amendments tothis Constitutionwill beproposed by theBoard ofDirectors by a two-thirds(2/3) vote andratifiedby themembership oftheSBA the StudentBody by a simple majority ofthe votes cast at an election,providing that at least twenty percent (20%) ofthe Student Body vote in the election to become valid. An amendment so passed shall take effectthe semesterfollowing itsratification. Section 2. Anyreferendum for the purpose of change will take place on two (2) consecutive school days, will be well-publicized prior to the vote, and will be conducted according toany additionalrulesset forth in the Bylaws. ARTICLE IX Enactment The Constitution will take effect on 01/01/92. November 12,1991 The Opinion 7 �From the Desk of the President byBrian P. Madrazo, SBAPresident ConstitutionalRevision . Elsewhere inthis issue you will findthe text ofthe SBA Board ofDirectors proposed revisions to the Student Bar Association's Constitution. These proposed changes were voted on by atwo thirds voteofthe Board and are theresult ofhours ofwork and debatebyan Ad Hoc Constitutional Revision Committee andby theBoardat its October 31 andNovember 7 meetings. As it stands the current Constitution is weak inmany areas and does not sufficiently define the duties and responsibilities ofthe BoardofDirectors. TheproposedConstitution addresses those areas, cleans up some languageand structural problemsand provides the Student Bar Association withadocument that clearly definesthe scope ofpower and duties oftheBoard andthe Executive Officers. The proposed ConstitutionalRevisions donot grant to theBoard more powersbutrather definesand limits the powers it does have to provide for more effective use ofmandatory studentfees. It provides for a fairer election process andalso mandates thattheBoard set up standing committees to address student concerns. I urge each student to read the entire document. Asexplained elsewhere thecurrent Constitutionandtheproposedrevisionsareset forth infull inthisissueofTheOpinion, Copies willalsobe posted in the mailroomand outside the SBA Office. If you have any questions please attend an informational session on November 18, 1991 at 3:30 p.m. inroom 109 O'Brian Hall. Members ofthe Board will be available to answerany questionsyoumay have. Feel free to drop by the office orcatch a Board member inthehallifyoucannotmakethemeeting. See youthen. A Constitutional Ratification will be held Tuesday,November 19thand Wednesday November2o,l99l from9a.m. to 4p.m. in front of the Law Library. All law students are eligible to vote. Inordertopass there needs to be a majority vote ofthe students voting. If passed the new Constitution will beenactedon January 1,1992. PleasevoteonNovember 19 or2oandexpressyouropinion. Moving 0n... Recreation andIntramural Update SBA iscurrently conductinga survey of student use of the R&I facilities in Alumni Arenaand ClarkGym. By now eachstudenthas received a small survey sheet in his/her mailbox which is to bereturned to the depositbox in the mailroom by Tuesday November 12, 1991. SBA will tabulate theresultsand publish them inthe nextissueofTheOpinion. Copies willalsobeposted in themailroomand outside the SBA office. Theresult ofanother survey which was conducted last week by the R&I Board of Directors onThursday, November 14,1991. SBA will publish theresults and post them in the mailroomand outside the office. I will also bereporting theresults ofoursurvey to theR&I Board ofDirectors. The endresult ofall these surveys and meetings is likely to be an ofincrease in the amount R&I charges for SBA's use of R&I services. Whether SBA agrees to pay any increase is a matter forthe Board to decidebut hinges onhow the studentbody feels. I invite alllaw students to attend an openforum onthis issue early next semesterto voice youropinion. In the meantime, please fillout the surveyand return to the box in the mailroom. SBA will also gladly acceptWRTTTEN STATEMENTS on this matter. The SBA islooking forward to hearingwhatyouhave to say. Moving 0n... TownMeeting on R&W Program LastTuesdaythe SBAconducted aTown Meeting on the state ofthe R&W Program. While theturnoutwaspoorer than expectedthe 8 The Opinion questionsasked ofDeanFilvaroffand AssociateDean Albert werethoughtfulandreceived responses thatraise continuing questionsabout the viability ofthe proposed program. One response thatregistered a strong levelofdisbelief was the idea that first year students not having a writing sample until well into the spring semester would not be detrimental to theirreceiving job offers. Second and third year students argued strongly that writing samples were especially important to first yearstudents giventhe current grading system and the unex cusabledelays inreporting grades by many faculty. Firstyear students statedthat CDO informedthem thatwritingsamplesshould be prepared and polished for employersas soon as possible. Another issue that was touched upon was the effectivereduction in writing semesters at UB Law from four to two. Previous graduates took two semesters ofR&W with writing in both semesters and twoupper divisionseminars. Current second and thirdyears also had two semesters ofR&W withwriting inboth semesters but need take only one seminar, a reduction mandated by the decision to shiftfaculty resources to the first yearR&W program. Currentfirst years willhave onlyone semester of R&W and need take only one seminar. Giventhe importance ofcommunicating by the writtenword,law studentscan ill affordany reduction in time spentlearning this art. Pursuit ofExcellence: UB Law 2000 andBeyond RecentlyI havebeen givinga greatdeal ofthought to thedirectionand foe us of thislaw schoolasweapproachthetwenty-firstcentury. After all the value of our law degree is not measured by the status ofUB at the time we graduate butrather depends upon where UB standsat any given moment. Asthe only New York Statelaw school UB hasa special role in preparing students to practice law not only in New York State but across thecountryandindeedtheworld. Graduates represent NY State's vision of what a lawyer should be. NY State must recognize thatthe result ofcontinuing totreat UBLaw as just another school in the State University system willultimatelyresult in a insignificant school which does not produce lawyers who possess the skills and vision necessary tomake a difference in the world. Therefore, as I statedat the Town Meeting onResearch and Writing, I am proposing a numberofgoalsandaplanofaction to achieve those goals duringthe first weekofthe spring semester. It will require an enormous amount ofwork from many students and more thana little luck but we shouldrefuse to allow UB Law to slipfurtherand further into the morass withoutat leastattempting to strivefor excellence. TheR&W program isdescribed as "adequate" to serveourstudents. Letus stop using theword "adequate" whendefiningthe goals ofUB Law and insertthe word "excellent or ' 'great or''superior." Should wefall short ofourgoalswewill stillstandnearerthem than ifwehad settled for being' 'adequate.'' Budget crisis be damned, let us stop pointing to the lack offunding and look for creative solutions to achieve excellence .Give your ideas, suggestions and comments to the Board ofDirectors as WE, the student body, develop this plan. And when needed, please giveyourtimeandenergywhenweimplement ourstrategies. MostofalLgiveourschoolyour vision and resolve. I know this article is preachier than normal but I truly feel that UB Lawneeds the student body' svisionand initiativeto propel usinto the twenty-first century as a top rated law school. There is noreason to settle for less. Until next time. November 12,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA. Correspondent As of s:lspm yesterday evening, a majorityofthe SBA BoardofDirectors could voteto compensate a studentofficial forthe performanceofhis/herduties. Thisundesirable state of affairs was the result of the SB A' s vote last Thursday, November 7, to notacceptaproposedadditionto theirnewly revised Constitution, which wouldhave prohibitedall such compensation. Thecontroversial ArticleV, proposed to the body by the Constitution Revision Committee, provided that: Officialsofthis organization and its subsidiary organizations shall notreceive, as areward forperformed duties, financial or material remuneration otherthan those expensesincurred in the performanceof said duties. A small group ofthe Directors, led by Third Year Director Marc Hirschfield and Treasurer DarylParker, supported aninitial motion to strikethe article altogether, and argued that the Board ofDirectors should beallowed to compensate studentofficers. One group, ledby Second YearDirector Erik Marks and Third Year Director Sabby Santarpia, did not want a flat out prohibitionofcompensationbecause itwould unduly burden future Boards ofDirectorsby requiring that they amendtheconstitution to rescind the provision beforeany compensation could bevoted upon. They alsoargued that the final vote to compensate a student official must be withthe entirestudentbody, byreferendum. Theothergroup.ledbyFirst Year Student Bridget Cullen and Second YearDirectorHankNowak, maintainedthat a constitutional amendment wasan appro- priately stringent procedure. Moreover,they argued that anything less than a prohibition ofcompensation would be interpreted as an approval ofit, and as an invitation for future Boards to decide to compensate these officials for the performance oftheir duties. After approvingthe rest oftheConstitution, with minor grammatical changes, President Brian Madrazo returned to the issue of compensation. There were two motions on thefloor withregard to this issue: me first was to strike the proposedArticle V, and the second was to accept Article V as written. Themotiontostrikefailed,9-7. The subsequent motion to accept also failed, 5-11. Frustratedat thedeadlock, variousdirectors stormed out ofthe meeting, despite a failed motion to adjourn. On Monday afternoon, anemergency SBA meeting was convened to address the most important issue ofthe constitutional revision process. Many feared thattheratification of the Constitution would not be possible withoutaprovision dealingwiththe compensation ofstudent officials, andothers were unsatisfiedwiththefailureofthe group to arrive at some sort ofcompromise. The procedures to be followed at the meeting were made clear at the outset: each Board memberwouldhaveone minuteto speakand couldyieldsomeorallofhis/hertime. Xtthe end ofthis process, threemotions would be voted upon. The first, submitted by Hank Nowak,providedthatstudentofficials,inthe performance oftheirduties, may notbecompensated under any circumstances. The second, submitted by ErikMarks, provided that studentofficials may Decompensatedby continued on nextpage Free Speech continued frontpage 1 FirstAmendment. Siegalalsowamedthatwe have to be careful iv making allegations that the politically correct movement is the Left trying to silence the Right. He said that although it might be anecdotal in certaincases we shouldn't broadly attack the Left. ' 'We shouldnotengageinstereotyping. Wehaveto beprecise in ourwordsand thoughts," hesaid. Siegal added thatthere wasrising racism and anti-semitism, especially on college campuses. The racist, bigoted, ?nti-semitic, andhomophobic statements people makehave tobeprotected. Weshoulddebatethesebigots andletthem have center stage. Wemustwrite letters to the editor on college campuses in response to statements by such groups. David Jay statedthat theFirst Amendment allowsus to disagree withthe substance ofcomments. Mr. Jay said university means universal. All trends ofthought must be expressed freely. To have a public university with acode ofconductregulating speech isan anathema. He said the whole concept ofa university is to fan flames. By allowing all ideas which may come up the opportunity to flourish, the marketplace ofideaswould weed outbadideasandintroducegoodones. Hesaid wordsare the bottomline, butaction such as a harassing phone call is appropriate for discipline. "Tosaytostudentsyoumustbecareful what yousayin theclassroom, inwritingsorin everyday speech is simply not right. People have aright to be stupid; to berude; that is the wholereason for auniversity. You learn that thereare better ways ofexpressing yourself. Words are simplytools ofexpression. This is a free society, therefore, we should tolerate those ideas that are important to what we believe. In America, a person has the right to be a jerk, because as citizens we mustknow whatthe jerks ofworldare saying in ourown self-interest" Mr. Jay cited Professor Jeffries, a tenured professoratCCNY. Jeffriesmade some nasty, allegedly anti-semitic, remarks this summer. The university took action and re- scinded hisappointment as chairofthe department. Mr. Jay said that "civil libertarians should be at die forefrontofsaying thatthe son ofabitch has the rightto saywhathe wants,and wehavetherighttoexercise ourdisagreement with what he is saying.'' Professor Newhouse firstasked ifthere was a ' 'politically correct movement"' and answered that such a movement exists. Newhouse added thatby using thelabel "politically correct movement and by disciplining students through statements oflaw school professors, the pot is able to call the kettle blackandobscureeffortstoimpose anotherand "truly correct" decision. We mustrecognize the distinction between students uncomfortable withspeaking outand students whofeel professors will deridethem ifthey dospeak out Words mustbe separated fromconduct, anda distinction mustbe drawnbetween protected speech and unprotected speech. Newhouse added that a t-shirt that says "Niggers Suck" is differentfromone that says "Let's hang all niggers'' with a picture ofa black personhanging from atree. Newhouse said that the First Amendment will not be vindicated in the 1990sby disingenuous labelling and indiscriminateassaults onthe politically correctmovement. Newhouse also spoke about specific incidents in the past where UB students received notes in their mailboxesranging from "bitch" to "stop talking in class" to the incident that triggered the faculty statement-the placing offeces in a mailbox. David Jay countered that the faculty oftheLaw School went overboard incondemning these acts; free speech means having to put up with these things. Newhouseresponded that anonymous notesdirected to specific individualsandplaced in less than six mailboxes out of nearly a thousand meant it was wrong to say these anonymous letters werenot intended to intimidate,intended to harass,or intended to doharm. Newhouseconcluded byadding that the politically correctmovement failed to make a distinction not between wordsand conduct, but between wordsand words. �McPHERSON! li\ Darn I NlcPheisoii On October 3, 1991, the SBA voted unanimously, withtwo abstentions, to moder- atea "townmeeting"aboutthe Researchand Writing program. Since I felt something should be done to address the increasing concerns regarding thefutureoftheresearch and writing program, Iwentalong. The success ofa town meeting last year seemed to suggest thatthe magic could berepeatedagain withthis issue. However, i still felt thatsuch ameeting wasn't quite the right answer. Last year's town meeting dealt with a number ofissues, including the future existence ofthe R & W program. Italso addressed a specific matter regarding a "gag order" placed over student members ofthe Budget Program and Review Committee. Presumably because of the meeting, the gag order was lifted. Students were also assured by Dean Filvaroff thatthe R& W program would still be in place the following semester. There is also abeliefthatit prompted theresignationof former Associate Dean Schlegel. I doubtedthesuccess ofatown meeting this time around because i couldn't see the purpose. The only apparent good ofit, I felt, would be thechance to give worriedfirstyears a chance to soundoffand air their grievances. Having this meetingwouldn't getmore faculty to volunteertoteach. Itwouldn'tbring back the oldprogram, orchange the situation this semester. All it could do is send the message, "we want an improved R & W program," which is what we've been saying all along. On October 10,1991, anothermotion dealing with the prospective town meeting came upbeforethe SBA. Whereas originally the town meeting was to be conducted by the SB A' sR& W committee, the motion wanted the matter to be handled by the SBAinstead, i disagreed with this action because the SBA created the committee to deal with R & W matters. When the members ofthecommittee learned thatthe SBA planned atownmeeting, themajority ofthemfound thisto beabad idea, andrecommended against it. Since the committeeapparently wasn'tgoing along withthe idea ofthemeeting, themotion came up to take the responsibility away from them. Perhaps more than the rest ofthe SBA BoardofDirectorsJamparticularly sensitive about the R & W committee. Beyond the Executive Board, onlyone other directorand myself were directly involved in thecreation of the R & W committee through the SBA Appointments Committee. While we ques- tioned candidates, we were also determining the agenda ofthe new committee. As I understood it, their mission was to monitor the present program taughtby professorLindgren, investigate otherlaw schoolR& W programs, and workwiththeadministration toformulate a viable programfor next semester. I sawa town meeting as counter to their mission. I felt it would interfere with their ability to deal effectivelywiththeadministration. To this day, I believe the onlyway we 're going to find an acceptable solution is to work together, and town meetings have a tendency to deal more with emotion than information. Any action taken shouldbe productive, and i couldn't be sure an SBA town meeting could deliver that. Thatday, I alone voted against the motion, though there were two abstentions, the majority decidedto go ahead with the meeting. OnNovembers,l99l, thetownmeeting tookplace. Afterhearingrumors offirstyear disinterest in the meeting, I was curious to see the turn out. I'd estimate thatless than a third ofthe first year class showed up. Associate Dean Boyer was sick,therefore the man with thereal answers wasn'tthere. Associate Dean Albertpinchhit forthedelayed Dean Filvaroff. i was impressed by some of the direct, yet passionate questions. The interests ofthose who didn't attend were at least protected by lialunv Kdiloi theirintelligent and capable classmates. Overall, I'd question the meeting's effectiveness. I didn 'thear any greatrevelations. Nothingsignificantly differentcame up,and as I figured,this meeting didn't changeanything. the only thing that may change is the level of cooperation between DeanBoyer andthe R & W committee. I'd hate to think we went through allofthis justto get Boyer'sattention. Ifthat'shelpful in thelong run, good, butthere had to be a better way. Admittedly, theadministration has not been as responsive to the students' concerns as we would like. So what should wedoabout it? We say one thing, the administration says something else, and never the twain shall meet. Ifatownmeetingisn'ttheanswer.what is? Ifwe findthecurrentprogram inadequate, we should make ourown. It shouldn'tbe the Student Bar Association's responsibility to administeraresearchand writingprogram,but rather than make recommendationsand proposals to an unresponsive faculty, we should put a betteralternative in place. I believe the New York State Bar Association and UB Law Alumni hold the key. Therehavegottobeplentyoflawyersand firms that would be willing to do pro bono work teachingresearchand writing. Personally, I'd rather donatemy timeto doworkteaching law students than dosomeother legalproject. For a law firm, this would provide an invaluable connection to find futureemployees, and would aid thelegal community, the financial cost is limited, and it would serve to unburden the faculty-freeing them to teach upper level courses and seminars. Already, we've determined what standards theprogram shouldentail. We should take the next step and devise a curriculum that couldbetaughtbypracticingattorneys. Iflaw students on the Moot CourtBoard could come up with achallenging exercise for theircompetition, certainly law students can design a R &W curriculum. There are many upper class students who have the resources to oversee suchaplan. When I interviewed candidates for the R& W committee, this goal was inthe back of my mind. Now is the time to make it a reality. All we have to do is put out the call. I find some ofthe most competent professors atthis schoolto be theadjunct faculty. Practical experience in the field brings the most vital insight to whatever subject they teach. If weassertthatß&W is so important, it should have that qualityas well. The exposure willdo both the studentsand the lawyers an immensegood. Properlypresented, even the faculty and administration should go for it. Take it or leave it,this isjustmy idea of whatcould be done. Theremay be unforeseen flaws and weaknesses, but it bears looking into, and it's got to be better than all ofthis talking past one another. RATIFICATION REFERENDUM Informational Meeting Regarding the Proposed Constitutional Amendments. Monday, Nov. 18th 3:30 pm Rm. 109 Polling Booths OpenTuesday Nov. 19 Wednesday Nov. 20 9am-4pm in front of law library. Law School ID needed if you don't know the Board of Electors. Up Close & Personal continued from previous page studentreferendum. (The procedures for studentreferendum are covered in Article VII, and requirea two-thirds vote ofthe entireBoard followed by amajority oftwentypercent ofthestudent body.) Thethird, a fallback provision " presented by Brian Madrazo and Vice-President Kate Sullivan, provided essentially the same thing as Erik' sprovision but in looser language. Arollcall vote was held on each motion, and the results were as follows: Kristen Graham EileenGroark BridgetCullen Pro] Kevin Collins Sarah Swartzmeyer ErikMarks Michael Radjavitch HankNowak ScottRudnick HansTirpak NorbertHiegins MarcHirschfield DarrylMcPherson Sabby Santarpia Angela Gott DaveChien Kate Sullivan Brian Madrazo yes yes yes yes no no yes yes yes yes yes no no no no yes no - yes yes abstain abstain yes no yes yes yes yes abstain yes no no no no abstain no no no yes no yes yes yes yes no yes yes yes yes no yes yes no 10-7(fails) 8-6-3 (fads) 11-7 (fails) Afterallthree votes failed, whenPresident BrianMadrazo dramatically cast the deciding voteagainsthisownrecommendarionthatsomethmgbeinvludedintheConstitutionaddressing compensation, amotion toreconsider Proposal 1 wasmade by Third YearDirector Angela Gott. The votes were identicalto the prior vote on Proposal 1,except for that ofVice-PresidentKate Sullivan. By voting "Yes," thevotestoodatl 1-6,andBrian Madrazo wascalled upon to again cast the deciding ballot. This time, he voted "Yes." The proposal passed the two-thirds requirement, and the existing gap between articles fourand six was filled. PRETENDERS Are For Real by MichaelRadjavitch, Photography Editor The sport is volleyball, and the forumis theUB intramuralpower league. PRETENDERS, whose roster includes law students JenKrucher, Mark Hubel,Tom Cannavo andDave Teske, is now in itsthird season ofplay. This team has theunfortunate distinction ofbeing theonly intramuralteam with substantial law studentparticipation which advanced beyond the regular season this semester. PRETENDERS endedregulation play in the verycompetitive Mondaynightdivision with 500record, whichincluded come-back victories against the toughKAPPA SIGMA andOH JOY teams. Their firstplayoffmatch tookplace on November4, at9:3opm. Ascan be expected from any single elimination playoffconfrontation, emotion was avital element inthematch,however,theemotionwasonthesideofthePßETENDEßS' opponents. Getting hung up in the net, one ofthe opposing players broke thepinky on hisright hand, forcing them to play short-handed. Competing with fewerplayers, they responded to the challenge with additional hustle and determination in a tribute to their fallen comrade. They played hard, called key time-outs, andrallied fromalosing effortto win thefirst game 15-1,1. Placed inamust-win situation in the secondgameofatwo-out-of-three match, PRETENDERS failed to motivate themselves. They immediately fell behind and were unable to catch up, losing the gameby a final score of 15-7, thereby losing thematchforthwith. Those whoparticipated deserve tobe congratulated, as do all ofthelaw studentswho dedicate themselves to an intramural sports team. Better luck in the Spring season! a. "BillyBathgate" Romanticizes Era focuses on the great lengths which Schultz by Renee Walner goesto inorder to insure a favorableverdict in a The film "Billy Bathgate" offers an out-of-town trialfor tax evasion, as wellas volatile of world glimpseinto theromantic yet romance with socialite (Nicole Billy's mobsterDutch Schultz. Thehero ofthefilm is Kidman) whom Schultzkeepsafter killing her Billy Bathgate (Loren Dean), ateenager who There isadded tensionsince Schultz boyfriend. lives in the same Bronx neighborhood where hasa holdonhis position as a mob precipitous Dutch Schultz(DustinHoffinan)conductsmuch boss. ofhisbusiness. Billy Bathgate is impressedby Billy Bathgate is an agreeable, likable the impeccably dressed, urbane Schultz, and Loren Dean is quite good in his hero, and resolves to become a part ofhis inner circle. feature debut. Dean ably portrays the film the thirties Opportunities in depression-ridden character's intrepidness and vulnerability. are scarce, and to Billy Bathgate Schultz appears as the epitome ofrespectability. With Dustin Hoffman is effective as Dutch Schultz , skillfulease, Bathgate entersSchultz s guarded even thoughhis role is basically a stock charheadquarters, and is soonhired toperform odd acter, and Bruce Willismakes an appearance chores. Billy Bathgate's boyish enthusiasm, as an associate ofDutch Schultz. Steven Hill resourcefulness, andrespectfulmanner attracts deserves credit for hisrole as Schultz's lieuSchultz's interest. However, his inquisitive tenant, who is wiserand wearierfor hismany years ofmob association. ' 'Billy Bathgate'' nature can also be annoying to those in comdelightsthe senses withbeautifulcinematogmand. and effectively captures the time and raphy, The release of ''Billy Bathgate," feeling of the era. adopted from the E.L. Doctorow novel, was rueagerlyanticipated because ofcirculating mors thatthe film washaving problems. There were reports ofthe film going over budget, a FINAL SBA new ending being shotand discarded,and the opening release date being delayed. "Billy Bathgate,' 'however, hasenough going for it to satisfy various tastes. The film proves to be quiteriveting, and moves easily from scenes of deceit and treachery to those evoking a more romantic and idealized era. ' 'Billy Bathgate'' certainly does not portray the gritty realism ofmob life as did '' Goodfellas' ';rather itis glossy Hollywood movie made on the grand, oldscale. The film MEETINGSOF FALL SEMESTER Nov. 14 &N0v.2l at 5 pm Room 212 O'Brian November 12,1991 The Opinion 9 �Plight of the Kurds by MelanieMecca Addressing a group offaculty and students, Dr. Ahmed Uthmanspoke Wednesday on the plight of the Kurdish people in the MiddleEast. Uthmanemphasizedtheneedfor political and humanitarianrecognition ofthe Kurdish situation. A formerprofessor and dean in Baghdad, he arrived at the University of Buffalo in 1972 and presently teaches in the Dental School. Dr. Uthman is also Secretary of the Kurdish National Congress ofNorth America. One in a series of speakers on human rights, Uthman opened his discussion by describing the oppression ofthe Kurds by the countries that encompass them. Following World War I, the nation of Kurdistan was divided and distributed. Although thereisnot an accurate count, itis estimatedthatthere are over20 million displaced Kurdsliving inTurkey, Iran, Iraq, Syriaand the Soviet Union. According to Uthman, theKurds have suffered a long historyofnon-recognition extending to the present. In fact, Turkey has adamantly denied their existence until only recently, and that status remains unofficial. Uthman believesthatan officialand accurate count oftheKurds in variousareas in thefirst step towardsrecognition. In addition to dismissing the presence of theKurds, theTurkish government continues to violatetheir basic human rights. The government refuses to register children with Kurdish names;marshal law isoften imposed in predominantly Kurdish areas. Uthmanstated that any demonstration of Kurdish culture, dressor la iguage isprohibitedand punishable byimprisonment. Such violationsexist not only inTurkey. Between 1984and 1988,Iranand Iraq, attempting toconstruct a safety zone between their countries, effectivelydestroyedfour thousand Kurdish villages. The soldiers were given strictorders "shootanythingthalmovedwithin the zone.'' The blatant disregard for life was evidenced again in the attack by Saddam Hussein on the Kurds at Halabja. Uthman presented slides ofhis native Iraq, including theaftermath ofthe chemical gasattack where over ten thousand people were killed. Althoughthe Westernworld witnessedthe tragedy ofgas warfarefor the first time, Uthman stressed that "they've used it many times before." Nostalgically recalling Iraq's earlier days, Uthman described a time when "Iraq usedtobeoneofthemostctvilizedcountries." Amountainous region, rich in naturalresources, Iraq housedbeautiful mosques andinnumerable ancient artifacts. In an area once describedasthe "fertile crescent,'' he believes it is unfortunate that wenow tieIraq to the idea ofrepressive regimes. Despitetheatrocities committedagainst theKurds, Uthmanbelieves that damagewould have been greater had the Western countries not intervened. "Iftheyhadn't gonein,itwould have been worse. They just didn't finish the job" Uthmanfeels thatdemocracyisthe one thing whichwould help theKurds. Stressing that the Kurds, "misread President Bush's lips," Uthman believes thatBush' 'does not give a damnabout thehumanrights violations in Iraq." French President Mitterand and BritishPrime MinisterMajor have beenmuch morereceptive to theKurdishproblem in Iraq. Letters Continued... Priortothe GulfWar,there were reports ofextremehumanrights violationsagainstthe Kurdish people inrefugee camps. It was not until the war that international attention focused on the Kurds. Uthman is hopeful that suchattention will encourage the U.S.administrationto takea strongerstance on the problem. When asked about the future for the Kurds, Uthman waspessimistic. Realistically, their future is "bleak." Withouta political voice,they arepowerless. Democracy,Uthman feels, would givethemthat muchneeded voice. Today, however," democracy isimpossible in Iraq. '' In addition, the Kurds are separated throughout nvedifferentcountriesmaking unity a problem. Although the region ispredominantly Muslim, the ties ofnationalism have become stronger than those ofreligion. '' Uthmanemphasized that only increase recognition and support fortheKurds will help theirplight. Because theKurds do nothave the power to demandattention, the Western nations must apply pressure to change the situation. Although not immediately, Uthmanbelieves that economic sanctions would successfully promote change in the area. In addition, the Western attention would lead to decreased humanrights abuses. Errata In our last issue datedOctober 29, 1991.itstatedinthearticle 'Dances with Wolves' Isn't JustHistory thatthe main foodsourceoftheGwich'in Indianswas "the porcupine and the caribou." Instead it should have read "Porcupine Caribou,'' a species ofcaribou. Weare sorry forany inconvience this errormay have caused. past, this choice wasliable to punishments as severeasthosereservedformurderers. Fortunately, in today's society most have come to recognize that homosexuality must not be a criteria for meting out societal retribution. However, what isn'tclearand indisputable is whether gaysare freefrommoral compunction for exercising their right to be gay. Homosexuals donotdeserve any type of societal penalty for choosing to live as they live. Whatremains to be seen is whether the rest ofsociety must fall in line and support all ofthegoalsofthegayrightsmovement. There must be room for debate and opinion, and, above all, the recognition thatthose who oppose the rights of homosexuals are not all homophobic. It is lunacy to claim thereis absolutely no rational ormoralreason to oppose some, if not all, ofthe gayrights movement. Religious, societal, and moral convictions may easily preclude such support without falling into the category of 'exaggerated, illogical, or irrationalfear.'' For centuries, some ofthe greatest thinkers mankind has everknown have been firmly opposed to homosexuality. Many ofthe great theologiansand phi- losophers ofWestern society have opposed Especially with the increasing terror thatthe AIDS epidemic is causing,refusing to distinguish between the roving gangs of skinhead fag bashers'' and those whorationally andthoughtfully oppose gayrights is to declare the debate on the moral status of homosexuality effectively foreclosed. Refusing to meet opposing viewpoints head-on is always dangerous. It is even more so now; resorting to smear tactics against all people whodo not agree with yourviewpoint can only fuel the firesofhatredthatcertainly stillburn within the heartsof many. By labelling any and allwho oppose, or fail to support, the gay rights movement homophobics, homosexualsaredoing nothing less thanattempting to forcethe unconditional surrender ofwestern society's fundamental moraland religious beliefs. Conducting argument with insults of "homophobic" is no better thanbrushing asideopponents based on rac<% color, creed, or sexual preference. The Federalist Society, oftenridiculed and even despised by many students and studentorganizations, in some instances deservedly so, does at least provide for the airing of freeand open politicaland moral discussions. Itremains to be seen ifthe membersofthe gay rights movement, who like to thinkof themselves as being on the highermoral plane, will homosexuality upon moral and religious grounds. For centuries these views were the pillarsofWestern hatredand condemnation of be willing to openly discuss fundamental ishomosexuality. Though these men may have sues and policies withoutresorting to merely been influenced by their times, their objec- bandyingabout the slur''homophobic." Only tions tohomosexuality are not the products of then may the slow and painful process of phobic minds, butratherthe disseminations of determining the rights ofhomosexuals, in a soon! Central American Refugees These procedural injustices have been the merits ofeach claim, as the 1980Refugee partially rectified by theU. S. Congress and the Federal Courts. Theruling ofAmerican Bap- Act andthe 1951 Convention dictate. Subsequently, ABC entitles all Salvadoran and Guatemalan asylum applicants, whose claims were adjudicated duringthe past decade, to be tistChurchesv. Thomburgh. 760F. Supp. 796 (January 31,1991) (ABC), acknowledges that the INS has adjudicated Central American asylumclaims throughout the 1980saccording to the biases ofU. S. foreign policy rather than at Syracuse UniversityLaw School,'' theban hashadatremendous impact on theJAGCorps. Theyknow theyare missing goodpeople and they are very frustrated." Evan Wolfson, staff attorney atLambda Legal Defense andEducation Fund, believes that the military will be forced to change its discriminatory policy withinthe nexttwo years becauseofthenationwidechallenges and thelack o flogicalreasons to support itscontinuation. Further, Pete Williams, Assistant Secretary of Defense, was recently " OUTED " as a gay man, again calling attention to the military's selective and arbitraryenforcement o fits own policy. Hence, the legal action by LGLSO and NLG is making a difference. Sincerely Yours, Brenda A. Mattar,President, LGLSO Douglas Sylvester 1L ...Polemics continuedfrontpage 5 whereas blackleaders whoadvocate hiringand sophisticated discourse and analysis. society whichhas traditionally opposed such educational quotas are seen as supportingreFortunately, weno longer live in anera rights,begin. Itwillbegin whenthosewho lead verseracism. The election ofDavid Duke as the next in which weare forced to obey the dogma and the gayrights movement, and those thatoppose governor ofLouisiana would mark the genesis policies laid downby these men, however, it it, recognize that intelligent people may diswhich, according to ofhisnationallegitimacy doesintelligentdiscourseadisservicetomerely agree about controversial and difficultissues. Duke, would manifest itself in a successful brush aside those who still adhere to these presidentialcampaign. Homophobia principles as being merely homophobic. It is Asweallcatchup and preparefor finals, verypossible that many ofthemare, but it is not continued'frontpage 5 country. and activists across the a tendency forlaw students to ignore there is necessarily always the case. To label these These efforts and collecevents individually in this country and the world surthe people homophobic is to do nothing but predo an tively have effect on the Acmilitary. us. It is this apathy which will allow rounding clude the opportunity for rational debate upon Miller, cording Marilyn to Placement Director a to be unscathed in his campaign. David Duke this serious subject. ... The Opinion The PetitionDrive to getSunday night hoursforthenew Law School Computer Lab has been successful. Effective Nov. 10ththe computer lab will be open from noon to 9pm on Sundays. Support yourlab by usingit! Let the law school administration know how much you appreciatehaving thiscomputer lab. The lab is openseven daysaweek with operating hours of9am-9pmM-F and noon to 6pm on Saturdays. Soon there will be an IBM compatible machinefor laserprintingavailable for student use. There currently isa petition circulating in the lab regarding datesand timesfor the lab to be open over the Thanksgiving Break. The goalofthe petition isto showa firm commitment by students to have specific hours ofoperation designated for the lab. Present demand for the lab is variable with few students on Friday nightsand more students on Saturday afternoons. Thehigher the demand by studentsthe morelikely the computer lab willremain open. For students not familiar with computers this presentsawonderfulopportunity to learn. Simply buy two 3.5" double-sided, double-density disksand bring themto the lab with your student identification. The Macintosh computer is noted for its "user friendly" characterso don'tbeintimidated. Come to the Law School Computer Lab continued frontpage 3 continued frontpage 5 10 Comp Lab Gets Sunday Hours by AngelaGott November 12,1991 readjudicated underrevisedrules. All Salvadoransand GuatemalanswhoenteredtheUnited States before a specified date (which has already expired) will also be eligible to benefit underthesenewrules. Moreover, Congress has granted Salvadoranrefugees temporaryprotectedstatus (TPS) a special status permitting them to remain in the United States for a designated period. TPS, however, is tenuous because it terminates upon a Congressional finding that dangerous conditions have subsided within El Salvador. These developments uncover an additional sinister dimension toIN Sactivity within Mexico. While Congress and the Federal Courts havedeemed the liberalizationofU.S. asylum policy to be in the interest ofjustice, the INS and otherarms oftheexecutive branch havebeen operating to deportCentral American refugees from Mexico before they reach ourborder. Bill Frelick claims that international pressure is necessary to ensure that Mexico implements regulations whichactually safeguard therights ofCentral American refugees in a manner consistent with Article 42 of the General Population Law. The United Nations High Commissioner forRefugees (UNHCR) protection officer at Chiapas, Mexico also warnsthat without an international presence Mexico ' 'will not accept any more [Central Americans] than before.'' Refugee workers withinMexico havebeentoldthat the UNHCR has ' 'proposed for consideration .certain measures designed to ameliorate the standard oftreatment ofundocumented aliens whoenter Mexico." Unfortunately, the UNHCR has been largely ineffective within Mexico, and thereis great concern thattheseloosely worded assurances will not bear concrete results unlessinternational observers are present. . �IUSDFASDFSDFSDFI THE DOCKET ■ I FASDFASDFMS I CONSTITUTIONAL RATIFICATION Tues. Nov. 19th & Wed. 20th - 9am 4pm Human Rights Center Two weeksofHuman Rights Activities Nov. 4thto 15th. All events to be held in O'Brian Hall except where noted Wednesday, Nov. 13 "Native American Rights" All law students eligible to vote. Cast ballots in front of Law Library. t I 12:00-2 :oopm Paul Williams, OrenLyoris Faculty lounge Co-sponsored by Native American Peoples' Alliance, Graduate Group on Justiceand Democracy 3:3opm "Peace in the Middle East?" Room 109Dr.ClovisMaksoud, formerArabLeagueambassadortothe UNandU.S. 7:3opm "Peace in the Middle East?" - L South Campus (same as above Main Streetcampus) FEELTHE HOT SALSA LALSA BEAT. ITSTHE LALSA-SBA THURSDAY BASH ATTHE JAM CLUB. 729 Main Street (betweenTupper & Edward) The only lively place in an otherwise dead downtown. I Doors open at 9pm. No cover charge. Thursday, Nov. 14 Discussion on the situation in Haiti 12:00 Istfloorlounge Situation in Northern Ireland. 5:00 I $ 1.25 bottled Molson, maybe. lstFloorLounge SCC Meeting Thurs. 2pm Topic: Freedom of Religion v. Separation of Church and State. I st floor lounge Still, no cover. Shot specials, maybe. But, still no cover. No Schlegel!, maybe. Yet again, still no cover. I 1 'I Meeting: Sports & Entertainment Law Society Thursday, 3:30 pm RoomTBA Jam for James Bay Nov. 1 6th at Nietzsche's ■ I ■ I I Be Prepared for a hot LALSA LUNCH LALSA will again be offering home-cooked, traditional Latin & Caribbean Foods $3/plate Wednesday,! 1/13 12 NOON 2nd floor next to mailroom 248 Allen St. 2pm to close Featuring: Alan Outer CircleOrchestra The Fibs Dershowitz WatoSeta The Groove The Crumbs of Insanity and Moe $4 in advance (available at Nietzsche's, Terrapin Station, CopyStop, UB Environmental StudyGroup) Sat. Nov. 16th Bpm i Last Chance for Student I Directory Name I Address Jewish Center 787 Delaware Aye. I Phone Number Return to box #2 62 by November 15th $5 at the door 11 �New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-11-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/12/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3c99a61689fc8f255e6b0cd295078f7b.pdf d54f4457146b03a04fc2a233f0c48afa PDF Text Text THE OPINION Volume 32 No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 25,1991 Pozner calls for economic aid to Russians by Jolin B. Licata, Editor-in-Chief OnNovember2o,l99l VladimirPozner addressed an audience at Alumni Arenaonthe present situation in Russia and the ramifications ofthe failed coup this past August. Mr. Pozner, chiefpolitical observerfor the Soviet Union, has a name recognition level that cuts across numerous social distinctions sinceheis seenon various news programs and co-hosts "Space Bridge with Phil Donahue, seen in theUnited States on WOR-TV. Mr. Poznergavehispersonalreaction to the coup at the beginning ofhis discussion. "Those ofusthat had supported Perestroika weredead. Ihadno doubtthe coup wouldlast a number ofyears. [The coup leaders] had the army, the KGB, the Communist Party, and the police. This is the equivalent ofhaving four aces and the joker in a game ofpoker.'' The leaders of the coup were all appointed by VladimirPozner provides insights on thefailea'Russian CoupofAugust 19,1991. Photo: Michaelßadjavitch Soviet President Mikhail Gorbachev so they discontent withGorbachev. understood the importance ofplaying to the Analyzing why the coup failed Pozner fears ofthe people. Shortages in the Soviet cited the surprising behavior by the 70,000 Union had been common, but wererelated to Muscoviteswho surrounded the Russian Parby the people inthe scope o falarger effort for liament, or the White House of Russia, to the children and a better society. ' 'They felt protectBoris Yeltsin from the army. ' 'Never they were working toward something up until inthehistory ofthe Soviet Union hadthe people the day the dream was shattered." That day stood up to power. Never. Theleaders ofthe coup couldn't imagine itwouldhappen.'' The was notthe coup, but when Gorbachev advocatedcooperative ownership ofproperty which principal contributionto this rampant spirit of was in directcontradiction to the central tenet democracy was Gorbachev's hapless ofMarxist philosophy regarding the evils of Perestroika movement. Pozner stated "In a private property. The Soviet Union had de- real sense Gorbachev can be blamed for the clined in global prestige creating disillusion coup happening and for the coup's failure. amongst the Russians who, after decades of Perestroika removed the government's sacrifice, were being told that the effort had mechanismforproviding consumer goodsbut been in vain. The sense ofpride in the USSR could not replace it with a working market haddiminished. Pozner described thefeeling economy. The shortages grew worse and the as asense that" there was atimewhen a Sov iet people became vocal in the politically active citizen couldbe proud. Don' tlike me, but you atmosphere. More freedom and less goods. have to respect me. All the world was the The coup leaders essentially looked at the enemy and ,the Soviet had to be tough. What wrong side ofthe equation. Pozner compared happened? ' The security ofthe Soviet citizen the five years of freedom, including a multiin aright to education, employment and penparty system and elections, to the taste of sion were wiped away during the economic chocolate thatcould not easily betaken away spasmsofPerestroika. The population seemed from the people. In the end, itwas thecourageous gesture ripe for new leadership in an old direction. ' 'The shadow economy came into the open ofthe70,000 people, in acity ofover9 million, underGorbachev and theSoy ietswere hitin the that decidedthefate ofthe coup.' 'Iremember face withreality. It was supposed to be good theday thecoupended. Ithadbeen arainy week for Joe Six-Pack,orshouldl say Ivan Six-Pack, and that day the sun came out. What a day! who found he didn't have a six-pack," said Everybody was smiling. Peoplethought, Now Pozner in an attempt to outline the seeds of Pozner, continued on page 10 BPILP Announces Legal Services Internships in Rochester The Buffalo Public Interest Law ProAssociate DeanAlan Carrel, who coordinated gram, withfunding support fromthelawschool' s thealumni involvement. '' This initiative is a alumni, recently announced the start ofanew giant step in this direction, giving students the project withlegal serviceagencies justanhour opportunity to work at some ofthe mosthighly down the Thruway. This new initiative, the respected legal services organizations in the state. It also givesUB law studentsthechance Rochester Internship Program, willpay studentsamodest stipend to work on legalprojects to shine." Four agencies in Rochester are particiat various criminal and civil legal service agencies serving Monroe County. pating in thispilotphaseof theproject. Onthe In announcing thisinitiative, BPILP Co- civil side,theagencies are theMonroe County Director JillBarr said the members ofBPILP Legal Assistance Corporation, VolunteerLerecognized the value ofthisproject.''There is galServices Project, and Farmworkers' Legal as great a need for legal assistance for thepoor Services ofNew York. In addition, on the in Rochester as anywhere else in New York criminal side, BPILP willbeworking with the State," shesaid. "We have a number of stu- MonroeCounty Public Defender. BPILP will make funding available for dentswhoarefrom the[Rochester] areaand/or who wouldlike to work withthese agencies to up to three projects at the civil legal services address these needs." Barr cited the 1990 organizations. These projects will take apLegal Services Corporationreport which re- proximately 15-20hours to completeand will vealed that 8 6 percent ofthe poorin New York involve suchtasks asresearch, case preparaState who are in need of legal assistance tion, trial support, development of training cannotget it. Approximately tenpercent ofUB materials, and the like. law graduates who stay inNew York Statelive Funding for two projects with thePublic in Rochester. Defender willbe available forstudents to work " UBlaw schooland theRochester legal oncriminal appeals. The students selectedfor community shouldhave stronger ties," said HIGHLIGHTS Anne Adams, Female Faculty Letter on Faculty Prosecutor... Research & Writing... Changes... Recreational Facilities Survey... page 3 page 9 page 11 page 12 these projects will be able to work with an attorney to fully review and research the appeal of a criminal case in Rochester. This project is expected to consume at least 200 hours ofa student's time. FromTuesday, November26, through Friday, December 6, students will be able to review the project proposals and submit a simple application to work on any ofthem. Students only need to submit a resume and writing sample, along with a cover letter. Because ofthe relatively short nature ofthe projects, itis anticipated that the opportunities , will beavailable to first, second and thirdyear law students. Selected students will be notified on December 13 and will beable to begin as early as Winter Recess or the Spring. BPlLPwillseeksupportfromßochester area attorneys, law firmsand other organizations in order to continue this program and perhaps see it grow, according to BPILP Co- Director Michael Freedman. "We feel that theRochester community will be veryresponsive to our efforts at establishing stronger ties with ourlaw school,'' saidFreedman. "Itwill be a pleasure to show people the value and quality ofourlaw students.'' SBA CONSTITUTIONAL AMENDMENTS RATIFICATION REFERENDUM RESULTS On Tuesday, November 19thand Wednesday November2oth, 1991theregular membersofthe SBA voted onwhether to accept the proposed A mendments tothe Student Bar Association's Constitution ortoreject the proposedAmendments and keep thecurrent Constitution. A vote ofYESaccepted the proposed Amendments. A vote ofNOrejected the proposed Amendments and kept the current Constitution. In order to accept the proposed Amendments the regular members ofthe SBA mustratify the proposed Amendments by amajority ofthose voting. The vote was as follows: Totalnumberofvotes cast: Total numberofYES votes: TotalnumberofNOvotes: 169 140 25 Totalnumber ofVOIDED votes: 4 Therefore, theproposed Amendments passed 140to 25. The Amendments will be enacted on January 1,1992according to theprovisions ofArticleIX ofthe Constitution. The persons who counted the votes wereas follows: BrianP. Madrazo -SBA President Kate Sullivan SBA Vice-President Kristin Graham -SBA Class Director, Chair ofElection Committee NatalieLesh -Business Manager for The Opinion. - �Study with Pieper... and pass. I —n—n—n n n n ffi ■1111111 ..../ ( J JUvl/Uvv < j 'i 0 f\ 0 (\ i ii 11—n—n—n—ll w^i 0 0 i\ \ l'll'rrT Pieper New \brk—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 | (516)747-4311 PIEPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller c 1990 �Female Prosecutors in Male Dominated Field by JewiiferPitarresi University at Buffalo Law School alumnae Anne Adams returned to the U.B. Campus Wednesday, November 20, to speak to the Association ofWomen Law Students. Adams,al9B7graduateofU.B. Law, is inher fifth year as an Assistant District Attorney in Erie County. Forthelastyearandahalf,Adams has worked intheC.A.A.R. (Comprehensive Assault, Abuse and Rape) unit prosecuting everything from simple assault to gangrape. Adamsrecounted forthestudentsthe humble beginnings of her career as a trial attorney. After deciding to depart from her corporate law background and a future with a private firm, Adams wentto the Erie County D.A.'soffice, whereherfirst big' 'caper was adogmurdercaseintheTownofWales. While Adamsrather lightheartedly toldthetaleofthe plightof "Puddles'' the dog and herhandling ofthe case, she stressed that it was an opportunity to put a file together, apply evidentiary rules and present a case in court. After working in the towns, Adams moved to theGrand Jurybureau. Ingrandjury, whichAdams describesas a "felony screening device," evidence is presented to 23 grand jurors with only the Assistant District Attorney and the witness in theroom. The accused is allowed to testify in grand jury but the defendant's attorney cannot speak forthecli- ent or ask questions. The grand jury then decides whether there is enough evidence to indict the accused. Seven months after becoming involved in grandjurywork,Adams wasbored of notbeing in anadversarial mode. "I startedto feel I would lose my trial skills," she said. Adams then moved to the trial part and tried cases other District Attorneys had indicted, staying there a little over a year. She then requested to go to the sex crimes unit,otherwiseknown as C.A.A.R. Due to the path her careerhas takenAdams says she' shad amyriad ofexperiences. "I'vetried everykindofcase thereis," she reflected. In addition to trying many types of cases, Adams has had an opportunity to go up against some ofthe best defense attorneys in thearea. However, shesaysshe'sdisappointed that more women don't choose to be trial attorneys, especially criminal defense attorneys. ' 'We need more women criminal defenseattorneys," sheasserted. "Weonlyhave two thatIknowofin ErieC'ountyJxe Anderson and Julie Dee. There's a real need for the feminineinfluence in criminal justice." Adams went on to ex plain herposition: "What I mean by the feminine influence is more attention to the human element. It sounds cliche, but it's true. I treat a victimas a person. Women are trained to please other people. Men aren't trained socially to do this.'' Adams' theory is that ifmorewomen became trial attorneys this style of dealing with victimsand defendants would bring more satisfaction to those involved withthe system and lessen the anger victims' groupsfeel when' 'technicalities'' do occur and defendants are acquitted or when defendantsare wrongly accused. WhileAdams says she does not like to defineherselfsolelyas a femaleprosecutor, sheadmitsthere are advantages to her gender. "Whenlcallaninvestigatororpoliceofficer, they callme back muchfaster than they call my , 6'2"maleofficemate. They think it srude not to call a lady back,'' she said. '' Police are the most sexist group ofpeople, next to criminals, andl deal withbothevery day. So, I play up to it. Milk it." Adams is quickto add though that she doesn't do so withouttrepidation. ' 'The problem is you end up playing into cliches about sexism. I call the policeon it if they're inappropriately sexist. At the same time, they 'rehelping me get myjobdone.'' Adamsalso touched onthedisadvantages ofbeing a female prosecutor, specifically one who prosecutesrape cases. "Alotof womenjurorsresist women attorneys. I especially don'tlikeyoungfemalejurorsonarape case. I bounce them," she said. Adams explained her theory on why young women don'tlike to convictonrapecases. "They like tomake thewoman accountable in some way. They don't want to think rape is like being struck by lightning. That it could happen to anybody. Ontheotherhand, [malejurors] want to protect awoman, avenge a woman;thatthey wouldnever do this.'' Describing herdisappointmentthat, at a recent luncheon withSenatorialcandidate Geraldine Ferraro, the topic was confined to women's issues,Adams rounded out her talkby touching on someofherpetpeeves withinthe criminal justicesystem. She feelsthat perhaps it's time to relax the drug laws pertaining to low-level addicts and tighten them fordealers. Michael Radjavitch Photo: FOOD DRIVE/HOMELESSTASKFORCE > byRobert Gormley (pictured above) The recent food drive to benefit the Central City Cafe (CCC), a downtown soup The drive, spearheaded by the Homeless Task Force kitchen, proved tobe ahuge (HTF), collected approximately eleven boxes and severalgrocerybags fulloffood and otherrequested items. Alsocollected,althoughunsolicited,wass6B. Themost frequently donated items includedsugar, coffee,rice, onions,napkins, paper towelsandyes. ..green peppers! The Homeless Task Force wishesto thank everyone who generously contributed food, money ortime in order to assist a soup kitchen which struggles on a daily basis to provide meals to almost three hundred people. Special thanks are in orderfor theLesbian and Gay Law Students Organization(LGLSO), the Federalist Society and theInternationalLaw Society (ILS). LGLSO donated $25 for the purchase ofcoffee and green peppers; ILS contributed several boxes ofcondiment items; and theFeds provided the transportation which delivered the goods, as well as people to sit at the table. Theneed at the Central City Cafeis ongoing andany future contributionsmay be brought to the BPILP office, wherea box will bekept forthatpurpose. success. '' Whenyou get ahand-to-hand pur- chase, there are no evidentiary questions. Usually, this 18-year-oldkid is ruined for life. We're statutorily confined and there is no discretion," she said. Adams finds the situationtroublesome. "Ithinkverycarefullyabout sending someone to state prison. It's not something I takelightly. You're pretty much shuttingthe dooronthisperson forlife. He will be sodomized, in this day and age exposed to AIDS, and probably not rehabilitated,'' she continued.' 'But, the way I sleep at night is I look at the littlekid who is [avictim]. The way I justify it is the alternative (acriminal on the streets) is unacceptable.'' Another issue Adams feels strongly about is theassigned counsel system for felonies. There is a voluntary probono system in Erie County, where there is no felony public defender. Adams says sheis against changing the system.'' I think it's great thatan inner city kid who is a three time loser can get a great attorney whonormally charges $300 an hour absolutely free,'' sheasserted. Two otherissues Adams alluded to were those ofthe thorny area ofmandatory AIDS testing ofdefendantsand the possibility ofchanging thelawonusing kids as witnesses. While Adams painted a vivid picture ofarape victim who is desperate to know whetherthe man she accused of rape (who was released from prison three days earlier) could have exposed her to AIDS, students in attendance raised questions ofprivacy ofthe accused and when such testing should be done. '' It really violates the presumption ofinnocence to do it before a conviction," Adamspointed out. As to the issue ofusing kids as witnesses, Adams stated,'' Sex crimes is anarea wherepeople are Female DAs, continued onpage 14 Clovis Maksoud Proposes Arabs Seek Own Solutions bySrikantßOmaswami, StaffWriter U.B. students had theunique opportunity tohear Clo visMaksoud, theformer ambassadorofthe Arab League to the UN and now at American University, speak during human rights week on the prospects ofpeace in the Middle East. Maksoud believes the term "peace" is an issue ofhuman rights. Atthe outset, hedefined human rights. He said that in order to deal with the concept of human rights in the Arab mind it was important to realize that the concept was not new, but something on which the prospects of global peace have depended on a globalcontext fora long time. Maksoudstated that we are living in a new global order - one thathe believed to be neither new, global, ororderly. Because this notion is now so prevalent, Maksoud believed that many distorted notions replaced reality and truth. He added thatas long as the world was trying to deal with the object ofpeace and humanrights, it wasnecessary to have a certain formulation. v Maksoud laid out the scenario ofthe worldasaglobalvillage. Onthe otherhand, he stated that there was a resurrection of a parochial and sectorial world. He cited the Soviet Union andCroatia as an affirmation of identity and a suspension ofhuman rights. It was then thatMaksoud began to ask probing questions. Whatabout collectivehumanrightsofpeople? Whatabout human rights ofpeople inthe southern hemispherewhere the issue ofhuman freedoms, (in terms ofexpressionand objectivity) are stymied? Whatabout the disenfranchisements ofpopulations who don'tunderstandtheeconomicaccesstoequality? Isthereahierarchy ofhuman rights? Ifso, do political humanrightstriumph over social and economic rights? Do collective human rights take the place ofindividual rights? Maksoud added thatthe concept ofhuman rights needed to be broadened to be inclusory ofsocialand economic human rights and individual democratic human rights. Maksoud thenasked whenthe economic and social priorities in developing society beginto achieve relevance. Maksoud said that these probing fundamental questions hadno clearcut coherent answers. Maksoud then addressed theplightofthe Arab people, noting that in the' 'CNN'ized'' global village the Arabs tried to sustain a degreeofimmunity frombeing sweptaway. He added that the GulfWarhascreated a situation ofvulnerability fortheArab people, a situation wherethey have been humbled, yet stavedoff humiliation. According to Maksoud, between this humiliation and humbling lies thecurrent plight ofthe Arab people. Maksoud' s lecture thenfocussed on inter-Arab accountability. He said the Arabs werebound togetherby community, culture, literature, music, and ethos. He added they were united by a sense ofcommon history, a prevalenceofacommon spiritual heritage, but not exclusively so; a multiplicity ofnational liberationmovements. Maksoud then analyzed countries like Indiaand Kenya, which had gained independence at one time. TheArabworld, in contrast, represented fragmented political movements and had acquired independence at different times, from different countries with different political systems. When Nasser emerged, , Maksoud showed thatEgypt srole wasthat of a catalyst because it had emerged from colonialism. In effect, theArabs ofAfrica came to be distinguished from the Arabs ofEuropean colonization. However, the problem ofCamp David was that Egypt's role to familiarize Arab Africa withArabAsia wasdisfunctional. This wastraumatic fortheArab people and the wholenotionofArabunitywaschallenged.lt was dismissed as a dream at best and an impractical formulation at worst. Whilementioning the war in Lebanon, Maksoud mentioned that Syria and Iraq had compounded this,withthe result thattheArabs became alienated, depressed, frustrated, and to this pathetic scenario excluded. He added , s by outliningIraq invasion ofKuwait, exacerbating a split and disunity within the Arab psyche because an Arab solutionhadbeen preempted by outside interferences. Maksoud said that while most Arabs condemned the Iraqi invasion ofKuwait, they were all against the deployment ofU.S. troops in Saudi Arabia. Questions neededto be asked, continued Maksoud. Why was the UN energized in the Gulfand paralyzed in the Middle East? Why was it possible to find an Arab solution to the Why morecomplicated situation in wasthe Arab solution prevented? Whyweren't santions given time? These were questions lingering in the Arab mind. He warned that answers should be found because noanswer equals a prescription forrebellion. Finally, Maksoudaddressed the Madrid conference, whichhe felt wasa brilliantmove on the part ofthe U.S. He said thatthe convening ofthe conference was not a breakthrough or a gridlock; not afailure ora success. Maksoud ended with two final questions. Are the West Bank, Gaza, and Golan Heights occupied or not? What about the problem ofsettlements and Israel? He added thatthe US would prod parties into the negotiating process. But the question remained is it negotiation merely for - negotiation'ssake? November 25,1991 The Opinion 3 �OTIMQJSnEIa November 25, 1991 Volume 32 No. 8 Editor-in-Chief: Johnß. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie Lesh News Editor: Vacant Features Editor: DarrylMcPherson Layout Editor: VitoRoman Photography Editor: Michael Radjavitch StaffWriters: Saultan H. Baptiste, Kevin Collins, W.F. Trezevant, SrikantRamaswami Contributors: Joi Carey, Rebecca Eisen, Jeffrey Ertel,Mike Fallon, Angela Gott, Bill Kennedy, Brian Madrazo, JamesMaisano, Melanie Mecca, JenniferPitarresi,Paul Roalsvig, George Snyder, Hans Tirpak,Renee Walner, Tom Winward Editorial Thanksgivingis atime for cliches to spring forth from publications and over theradio calling for an appreciation of the universal community of humankind. From now until NewYear's Day, when peopleare breaking resolutions and losing that holiday cheer, charities will be plying the guilt-ridden conscience of individuals in an attempt to make budgets balance. The homeless will be featured on public service announcements on television surrounded by holly wreaths and a reminder that we shouldremember those less fortunate than us. Society's conviction to provide services evanesces with the annual uncorking of the champagne bottles. This space is dedicated to those individuals who spend the whole year working for those people whoreceive special attention from the rest of society for a six week period. Donations of a can of lima beans or pumpkin piefilling that went unused last year providesa salve for the conscience. However, it is the student who manages to serve people while attending classes who deserves our respect. While the rest of the student body argues about the existence of a smoking lounge, SASU on campus and the inadequacies of registration, there exists adedicated group of individuals providing aidto those with more pressing and immediate concerns. This holiday season, while pondering the future, give thanks to those who are looking after the present. Copyright 1991. TheOpinion.SßA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe express consent oftheEditors. The Opinionis published every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew York at Buffalo School ofLaw. Theviews expressed inthispaper are not necessarily those ofthe Editors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclasspostage entered at Buffalo, NY. Editorial policyofThe Op; nion is determined by theEditors. TheOpinion is funded by the SBA from StudentLaw Fees. TheOpinion welcomes letters to the editor butreserves theright to edit for length and libelous content. Letters longer thanthree typed double spaced pages will be edited forlength. Pleasedo not put anything you wishprinted under ouroffice door. Submissions canbe sent via CampusorUnited States Mailto TheOpinion. SUN YAB AmherstCampus, 724 JohnLordO 'Brian Hall, Buffalo, New York 14260 orplacedin law schoolmailboxes 443 or 512. Deadlines for the semester are the Friday before publication. THE OPINION MAILBOX Questionable Registration Requirement To the Editor: In trying to registerfor Professor Kannar' sFederal Courts class, a class listed as PI (requiring the permission ofthe instructor), students were informed by his secretary that to be considered foradmission into the class, aresume must be submitted with a statement indicating reasons for wanting to take the class. While a statement ofinterest is perhaps understandable, therequirement is not. Why elsewould aresumebe necessary otherthan to choose students whohave done well in law school? We seriously questiontheright ofa professor to cream*' in admitting people to a class, especially aclass thatcould be considereda core component oflegal education, hi the jobmarket, weexpect to bejudged on our credentials. But in law school, weexpect to be treated withrespect, and to be given an opportunity to learn about a subjectarea thatinterests us - an opportunity that is not conditional upon our past accomplishments orjob experiences. Although some law school courses, such as the judicial clerkship clinic orthehonorswriting program, mayrequire academic success, thesecourses should remain exceptions to thelottery system. Professors should be strongly discouraged, or prohibited, from considering students' academic qualifications orpastjob experiences beforeallowing them into theirclass. Sincerely, Margaret Phillips, 3L NanHaynes, 3L SWJ Given Jurisdiction Over Sexual Harrassment Cases To the Editor: I am outraged at the insensitivity and the unprofessionalismofSUN Y-Buffalo. Thisuniversity has giventhe Student-Wide Judiciary Court(SWJ)thejurisdictionand permissiontoheara caseofsexualassault. Toshowtheuniversity'sunprofessionalism regarding this sensitiveand serious matter, I must explain thatthe SWJ is a studentrun court. There is an administrator who oversees the court, but for the most part the university hasallowedthe students the opportunitytorun thedisciplinary proceedings. Thus far, the justicesconsist offive undergraduate students. Theprosecutors are law students chosen by the university whilethe defendersare law students hired by Group Legal Services. This university proceeding operates withminimal and inadequate proceduresregarding evidence and the burden ofproof. Because this is viewedas an administrative hearing,not acriminal trial,the defendantis afforded onlythe minimal due process protections (ifany?) and the victimfaces directand cross-examination by persons who are onlylaw students. Most importantly, the justices, who also sitas the jurors,are supposed to control the proceedings but as undergraduates possess no formalized legal education, training orbackground. It should be clear that this university has committed a grave injustice to all of the students who attend it. This court isan adequate forum to hear cases concerning small thefts, trespass, and othermisdemeanors. However, it is in no wayable to deal withfelonies. Furthermore, it is unbelievablethatthe university wouldallow the SWJ todeterminetheguiltorinnocenceofsomeonewho is accused ofsexualassault. Acase ofthis severity should not be heard by three undergraduate students with no legal training. It is seriously unfair to everyone involved in this matter the defendant, the victim,the' 'justices,'' the defendersand the prosecutors. The SWJ shouldnot have to dealwiththis matterjustbecause the university fails to addressthe problem. I would like to know how the university expects this hearing to occur: does it expect the defenders to actually cross-examine the victim? I cannotbelieve that theadministrators have ignored the charges and haveplaced their faithin three undergraduate students. Moreover, thewholeissue is trivializedby the fact thatthis matter is in the SWJ. Let's wake up. Posters, signs, programs about safetyand advice are meaningless ifthe university does not have anadequate system to deal with the issue ofsexual assault. The hypothetical has becomereality and the university turns it back. Or even worse, perhaps it is serious about allowing three undergraduatestohearthiscase. lamoutragedand disappointed-this university never ceases to amaze me. -- The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion- LynnWessel,2L Student Defender Misunderstood FirstYear R & W Primarily an Administrative Issue To TheEditor: , As Co-Chair ofthe SBA Researchand WritingCommittee I ye got to takeDarry 1 McPherson up on his offer to "leave his ideas. I also feel it istime to questionthe proprietyofan SBA Directorand Features Editorhavingacolumn devotedto the "whim oftheweek." The situation involvingresearch and writing is acomplex one involving a difficult budget, pedagogical politics, and above all, the needs ofthe first year students. It is not going to be solved, as Mr. McPherson implies, by some upper class students getting together to put together their own R&W course. Nor should ithave to be. The administration and the students do not see eye-to-eye on the R&W issue. Students have triedto voice theirconcerns through acommittee process that, curiously, is run by faculty who are not willing to listen to what they have to say. This is quite unfortunate, but not entirely unexpected. We haveconsidered taking the issue to alumni, the state legislature, and theBuffalo legalcommunity, andwehave considered theadverse consequences ofsuchactions. Students interested in pursuingthis route may contact me forfurther information (Box #3 62). But, as Jennifer Pitarresiwould say, I digress. I must question the editorial integrity ofa column writtenbya person wearing somany hats. Above all,let usremember that The Opinion is published of. by and forthe students ofl JB Law; to misinform and mislead those students is thoughtless. Hang up some of(hose hats, Darryl. Milrcef;aJlont,3L 4 The Opinion November 25,1991 To the Editor: Based uponcertain feedback, I believethat in a recent Letter to the Editor ofThe Opinion I gave some colleagues a misimpression which I'd like to clarify. In observing that law school funding is made available to ' 'groups with narrow interest" while practicalproblems such as mailbox theft go unsolved, I meant only to lamentalackofsimilarfundingforadifferentsetofcircumstances. Ididn'tmean to imply criticism of any "groups with narrow interests" (define it as you will). Diversity is perishable, and I'm glad to be ata school committed to nurturing it. I justwish there was moremoney to goaround. Very Truly Yours, John Cody, 1L ' ERRAT A ... The Opinion would like to apologize to David Lask for inadvertently omitting his name from the editorial 'Polemics and Politics." Also, Kristin Graham's name was incorrectly spelled in the last issue. Sorry for the confusion. �COURSE"SELECTION?" %il k&\*ejy McPHERSON! Features Editor h\ Darn I McPherson I originally wanted to writeabout Of Life, Law and the "Fish-Bowl" Effect by W.F. Trezevant, Staff Writer Backinthedaysofyore.whenlwasalad of moderate height and precocious intelligence,!spentagreatdealoftimeponderingthe basic underpinnings ofthe world that surrounded me. Perhaps the most interesting questionldealtwith,onewhichlhaveretumed to many a time, required contemplation of man'srelation to man. Needless to say, I did notreachaconclusivesolution to the question. The best I could do was to resign myself to pursuing thefutureresting withthe comforting assumption thatthe people ofmy generation would "take care," and understanding the desirability oftaking care ofoneanother. Now, years later, I find myselfdiscussing thevery same questionsand propositions, with no further success with regard to the solution. In fact, my personal discussion ofthe issue has been exacerbated by the frustration and alienation Ihave experienced withregard to the personalities thatpresently occupy our law school. What I have found particularly troubling about the behavioral patterns existing in our law school is notthe fact thatthey do not agree with each other, but rather thatthe various personalities feel theymust exist atthe expenseoftheirfellowclassmates and administrative counterparts. This mutually exclusiveattitude has, withouta doubt, lead to the ''Fish-Bowl Effect.'' Surveying ourworld we find thatthe "Fish-Bowl Effect has permeatedjustaboutevery aspectofour society,from negativecampaigning in the presidential elections to, and perhaps more disturbingly, the first yearMatching Game.'' The salient concept behind the " Fish- Bowl Effect" is a simple one, an idea with which weare all too familiar. Namely thatan individual or grouphereatourlaw school,upon the expression ofaposition, platform, oreven simple feedback onissues ofthe day, cannot escape the pejorative use oflanguage at the hands of eitheranother group or individual, through the employmentof"labelization." To think that at an institution of graduate-level education people can still willfullyand maliciouslyattempt to deconstruct theircolleagues based on the most trivial ofcircumstances, personalorotherwise, is something that, quite honestly, I didnot believe could have a home in a school of law, let alone the hearts and minds ofourfellow educatedhuman counterparts here. Nevertheless, while frustrating, this point is not insurmountable. Indeed, thealienating aspect ofthis entire exercise is that the studentsand administration alike seemingly do not recognize the historic confluence of circumstances which have brought such adiverse group ofindividuals together ina commoncause. Itwasmyimpression,priortomy experience here at this school, that the multitude ofopinionsand ideas which exist within thefourcornersofthisbuilding, would,could, and should serve as a natural base for the opening ofa dialogue amongst the various players. Instead, ithasresulted in a divisive, almost "back-biting," protection of beliefs concerning the efficacy ofthe programmatic responses adopted. With all ofthe talk, betweenthe bindings ofthe booksweread, about the desirabilityofexposing, tothe sunlightof scrutiny, evidence, ideas, and legal proposi- take them far too seriously. student groups withinthe lawschool, but I couldn't come up with an interesting spin on the topic. As I thought about it, I realized most articles on the subjecttend to push people to get involved and try to putadentintheinfamousarmorofstudent apathy. Nowadays, I think I understand studentapathy, andl'm starting toappreciate it. There are two levels ofinvolvement withstudentgroups. Eitherone isa member, oroneisanach'vemember, and the distinction is quite clear. Anybody canbeamember,andnothing isrequired fromthe person save occasionally attending ameeting. Activememberscarry the group. They motivate its actions, make itsagenda, and makethe group visible in the public arena. What I say in this column about people in groups applies only to active members, those whohave somekindofpersonal stake inthegroup's activities. Though we're here to receive a substantive education about the law, sometimes the activities of a student group seem to take precedence. The lessons tobelearnedthrough thisinvorvement, while important, shouldn'tbecome the absolute center oflife in law school. Note that I said "shouldn't" because, despite that, extra-curricular activities aroundhere frequently takeonamissionlike quality. ' 'Extra-curricular isn'tamisnomer,butitdoesn'tgo farenough to imply the level ofsacrifice such activities entail.How else could I describethe effort that goes into developing a conference, organizingacompetition, or evenputting out this newspaper? On more than one occasion, most ofThe Opinion staffhas been up all night inorder to getthe paper out in accordance with our self-designated deadline. There'snopenaltyifwe wereto publish a day late, but we still go the extra mile to get it out ontime. Yearsago,you'dbehardpressedto get me to participate in an after school activity. In high school, they didn'texist tome. In college things changed slightly and I was involved in a couple ofthings. Still, either I wasjust a member, ormy actions had a relatively low profile. However, by my senior year, I decided thatwasn't goodenough. I hadrealized thatthere are two types ofpeople in the world- those you read about, and those whoread about them. For somereason I wanted to be in the former category and this columnisa testamentto my success inthatendeavor. Suddenly, I'm starting to see the other side ofthefence. I'm not the most activeperson in thisschool, and what I do isn'tthat important. Yetthe majority of the stress in my life comes not from my law school classes, butfrom my bloody extra-curricularactivities. They'resupposedtobeharmlessdiversionslwould've thought, but people (myself included) In the past three weeks, I'ye had to organize a Students for Constitutional Concerns meeting, come out onthelosing sideofamajorvote withinthe Student Bar Association, and deal withthe Editor-inChiefofthis paperregarding thefuture of my column. When all ofthat is considered withstaying on top ofmy regular course load, I'm forcedto askmyselfwhy do Ido allofthisstuff. Does anyonereally care? I look at my friends, who exist at varying levels ofinvolvement. I've seen what can happen to you when you deal withthe people and the forces thatmove about this place. This school is like a stormy sea, and you can easily drown if you're not careful. I'm like an amateur surfer; sometimesl'm up, sometimes I'm down,andl'm learn ingalotaslgo along. Those whoaren't mixedup withthe variousgoingsonofthisschoolaremuchmore content than those who are. People who leave whentheir classes are donehave a perspective on what'sreally important in life, and don't go too far creating new hassles forthemselves. There's too muchemotion invested in student group activities; much more than I would expect anaverage person to give. I don't think therereally is such a thing as student apathy. That's just a perception. It's not thatpeopledon'tcare, they just don't care to the same extentas someone who is involved. Justbecausea handfulofpeoplecare passionately about an issue, that doesn't mandate the rest of the student population to feel the same way. Therearesomecausesinthisschool toward which I wouldn'tgiveaminuteof my time, whilethereare othersthat Ihope would thrive. Find the right topic, and you'llfind the studentinterest to support it. Membership hasitsprivileges,but it also has its disadvantages. I'm very tired ofputting up with student group pressures. WiththeexceptionofSCC,any enjoyment I get is frequently matched withfrustration. Politics hasmany faces, including those whichyou thoughtwere your friends. Once you put yourself out there, therelationships change somehowsome otherobligation ismore important. It can be very disheartening,and you learn to trust a little less. Noticing therelative contentment thatcomes witha degreeofdistancefrom extra-curricular activities, I've consideredresigning from these self-imposed stressfulpositions. Everydaylwonderif what I do is wanted orappreciated, and I question whether it's all worth it. The onlything thatholds me backisasense of responsibility, and my instincts. I'm alot ofthings,butl'mnotaquitter. Idon'twalk away from any project, no matter how tough. Unless the situation became totallyunconscionable, I doubt I couldresign-no matter howmuchlwouldwantto. Dont study too hardandenjoy your tions, it wouldappear to me thattheevidentiary principle known as the' 'best evidencerule would apply. Simply stated, we as a community, whilerecognizing ourdifferences, shouId seek to usethose differences to foster aunique dialogue which holds as its cornerstone an adherence to agive and takeprocessasopposed to the manipulation ofdifferenceinto divLsiveness. Iwas oncetold, by anolderpersonwhom I had adopted as a surrogate father figure, that "it is decision without discussion thatdefeats us.'' Certain things are as true today as they were at the time that such utterances were vacation. Seeyounextsemester. Maybe. made. November 25,1991 The Opinion 5 �Cuomo Does the Hokey-Pokey! MARIOANDTHE PRESIDENCYTHAT'SWHAT IT'SALLABOUT by Kevin P. Collins, Staff Writer Well, it's nearing presidential election yearagain and for theDemocratic Party this is a time to struggle to find a viable candidate to run. As in the past election, thecall, indeed the plea, has goneout tothe Governor ofNew York State,MarioCuomo,fromhisparty. Cuomo,in turn, hasresponded by doing thehokey-pokey run. and not deciding on whether to That isall welland good for his national image, yet, by skirtingthe decisionand stringing party members along he is doing a disservice to others, albeit no-names, who may want to announce their candidacy. Many party backers are not donating funds and supporting campaigns because they are waiting to see ifMarioCuomo keeps hisright foot in orifhe takes hisrightfoot out. I, for one, wouldlike to seeMario run and leave his right foot in. Admittedly,New York State is not in the greatest ofshape(then again, whatstateis). Further,lbelieveheshouldhave run in the latest election on the heels of his rousing Keynote Speech. Nevertheless, and despiterecentpollsallegedly finding that anoname candidate would give a stronger challenge than Mario, I believe thatCuomo is the best presidential candidate the Democrats have. Moreover, theRepublicans fear him,as his verbal persuasiveness may well indeed it. Only fa>mthemindsofthe Republican^sorry Minolta). (08) Mr. Bush wanted to be elected as the , ' 'environmental ' president. So he lets Exxon get away with dumping oil into the water. Further, whatabout acidrain? Bush will spend millionsoftaxdollarsstudying iftheproblem exists, yet not doinganything about it. Itexists, George, itexists. (See, I just saved millions of tax dollars inresearch!) Now, go dosomething about it. (07) Thesituation oftheeconomy in America. More andmore people are not passing go, are not collecting $200, and are going to jail. We are in a serious recession. Bush did not call Reaganomics "voodoo-economics" for noreason. Perhaps a witch doctor will cure the ills and evil spirits of 12 years of Republican presidency. (06) What is George doing about a national healthcare system? The same thing he isdoing forhis domestic policy, to help the education problem, tohelp the environment, and to help the economy-hoping it will all goaway and , come back another day(orhey, 1 11solve allthe world'sproblemsabroad while Americagoes downthe drain athome). (05) FIVEGOLDENTHINGS 1. Bush wasthe headofthe GOPduring Watergate. 2. Bush wasformer head oftheCIA in expose Mr. Bush's handand havehis houseof cards comecrumbling down. thelate 1970s, but what doesManuel Noriega History lends us two analogies. We really know about Bush andthe CIA? couldsee Mario as alatter-dayFranklin Delano 3. Bush was Vice-President when Reagan delayed therelease ofthehostages to Roosevelt following HerbertHooverand bringing thenation out offinancial d istress. Further, make himselflook good. it may well be that Mr. Bush is akin to Prime 4. BushwasVice-President when Ollie Minister Winston Churchill ofGreat Britain, North decided to dowhathepleased (orwasset who won warsbut was notable to accomplish up as a scapegoat to appear that way) and break anything domestically. The Britishpopulace a lotofinternationalrules, lie to Congress, and thanked him forwinning warsabroadanddoing ignore the Constitution. nothing athome by voting him out ofoffice. 5. Bush and Kuwait-didhelead Hussein I shallkeep myowncallforMario to run into thesituationandthen send innocent,young shortand simplysaythat Mario shouldkeep his Americansoldiers to death in anoil war, while right foot in and shake it all about so that Mr. he spoke ofAmerica as a " kinder and gentler Bush's presidency and domesticpolicy will be nation." examined for what it is—what is it? In any (04) I am still thinking about (05). Whatan event, in the spirit ofthe rapidly approaching interesting past. holiday season, I presentto Marioa giftto use (03) Clarence Thomas (come on, you knew I onthecampaigntrails: THETOPTENBUSH could not leave him out). Why nominate for BASHING LIST. Supreme Court Justice acandidatewhohas the (10) What do Mr. Bush' s domestic policyand worst credentials ofany potential justice in water have in common? They both have no nearlyhalfacentury. Definitelynota political calories. nomination! Itgivesmegoosebumps. (09) Mr. Bush wanted to be elected as the (02) He uses the word "prudent" too damn '' education president. So,overtwoyears ago much. he set up a meeting with all governors and— ANDTHENUMBERONEBASHER what to my wondrous eyes did appear—they (01) Thump-thump. Thump-thump.Thump. came out ofth is meeting ofthemindsagreeing DanQuayleand the Presidency oftheseUnited thatthereisa problem in the American educaStates ofAmerica-only aheartbeat away(and tion system and we shoulddo something about thisisnorerunofa' 'TwilightZone'' episode). Mario Cuomopumping flesh withArnoldSchwazenegger File Photo The Matching Game byKevin P. Collins, Staff Writer Recently, Section 1 members ofthefirst year class were "treated" to find in their mailboxes an unsigned matching game, whereinindividual names werematched with answers which attacked their personalities. Evidently, from what I have learned from the students in this section, the personal attacks were primarily focussed on thoseindividuals who actively participate in class. The result wasan entire section ofstudents incensed and highly offended by the subject matter. It made me take a step back and ask,' 'Who do I go to schoolwith?" hi any event, a studentfromthe offended section hasasked me to address this issue. Let mebeginby stating that I am strongly in favoroffree speechjam opposedto any form ofcensorship, and I really appreciate a good joke. These lines, however, were crossed and the game is in the area of highly offensive conduct and singular,personal attacks. If the authors wanted to makea point,which is their right, then the way to do sois through constructive criticism. This would allow those whom the authors believe deserve criticism to learn and benefit from this speech, and, at the same time, debate and rebut the accusations. To cowardly distributethese unsigned individual attacks onpeople's alleged personality traits hasno constructive purpose and is a malignant, infantile and asinine act. However, to the extent that I, and indeedmany others, may find this form ofspeech morallyreprehensible and offensive, I also strongly believe it should be allowed, discussed, andrebuked openly. This is especially true in the context ofall of us being students ofthe law and, more importantly, future leaders ofsociety. In a free marketplace ofideas, I believe such speech is protected underthe Constitution. Nevertheless, thefact that such speech is constitutionally protected does not mean we cannot respond to it. Moreover, the position can beadvanced that we have an affirmative dutyto respond to suchspeechandrenounce it. I amnotreferring to a morally correctpointof view; the point I am trying to make is that, in anopen forum ofviews, I believe such speech to be constitutionally protected, as is theright to respond. Therefore, I am exercising my constitutionally protectedright torespond to such speech. I questionthe individuals who wrote the matching game. What was your objective? Did you stop to thinkaboutthe effects itwould have onthe schoolcommunity in general, and your classmates in particular? Surely, the objective could not have been to constructively criticize your classmatesso as to lead to anopen discussion whereby ideas andviews could be freely exchanged and people could learn and benefit from each other. To not sign thegame, to not makesuch accusations openly, is tantamount to just wanting to have your say and selfishly criticize others, but not being willing to say why, hear any rebuttals, discuss any exchange ofideas ortake credit for your thoughts and work. It is a condemnable and cowardly act to establishthe rules for a game andusethemtoserveyourownbenefitso noone else canplay and participate in a fair manner. In a free marketplace of ideas such speech throwscaution to the wind, as it mostpointedly doeshere. Yet, people who want torespond to such speech shouldnot standidleas itblows by them. Instead, speak up and be heard. Denounce such speech for what it is worth-not much. The Research AWritingTopTen: (Dean Filvaroffsays its not in response to the budget crisis, and thenDean Boyersays it is entirely in response to the budget crisis. Well, which is it?) Adapted from Chess, C, et al, Improving Dialogues With Communities (1988), NJ Department ofEnvironmental Protection Reasons to Be Open and Honest With Students Ways t0 Lose Trust and Credibility Students are entitled to information that affects their education. 1.Don ' t involve students in changes in the core curricula. Wait until they are 2. Open and honest communication sets the pace for the resolution of the gone for the summer and then have the faculty act. problem (or the perceived problem). 2. Be defensive when your policies are questioned. 3. When you wait, you lose trust and credibility. 3. Hold on to information as long as possible. Don't tell people when the 4. You can better control the tone and content of the information if yourelease information will be available. When people scream, tell them''These things it first (read: damn those 2d and 3rd years!) take time." 5. There is more time for meaningful student involvement in the decision 4. i gnore student concerns. Better yet, say that they are being stirred up by making process if the information isreleased promptly. upper year students and embittered faculty. students into the assure that student concerns 6. Bringing decision makingwill 5. Be as evasive as possible are addressed. 6. If you make a mistake, deny it. Never admit a mistake. 7. Less workis required to be open and up front than to respond to attacks and 7. if you don't have the answers, fake it. Never say "We don't know.'' criticisms. 8. Don't speakEnglish. Aspire to servepedagogical goals rather than student 8. Openness builds trust and a productive "let's work together" atmosphere, needs, and talk about "lines" andtheir elimination. 9.lfyouwait,somestudentswillberesentfulandangryfornotlearningofthe 9. Be a good bureaucrat. Those concerned could never understand the information earlier. complexities involved, and therefore this matter should be handled by those 10. People are more likely to overestimate the problem when you don't share wno are jjest e nU ippe( j to do so information. Iq. Send Dean Filvaroff to address the students at Town Meetings. Let him and Marc Hirschfield go at it. The Opinion November 25,1991 1. 6 �Reprints: The following letters were inadvertently run without the respective author's names in the last issue ofThe Opinion. They are now being run in their entirety for the sake of journalistic integrity. Understanding the "JAG Corps" Controversy The origins ofthe current "JAG Corps " controversy and the motivations behind the legal action initiatedagainstSUN V at Buffalo dishonorably dischargedorotherwise discriminated against by the USAF because oftheir sexual orientation. Second, LGLSO and NLG were sucand not complicated apparently widely are in our legal action against SUNY at have cessful Therefore, to attempted I understood. address some of the misrepresentations and Buffalo. SUNY at Buffalo has exercised its misinformation contained in Bill Kennedy's optionto appeal the orderissuedon September letter to the editor,published in the October29, 19,1991, by the Division ofHuman Rights, 1991 issue ofThe Opinion, in an effort to OfficeofLesbianand Gay Concerns. Enforcement ofthisorderhasbeen stayed pending the remedy this problem. outcome oftheappeals procedure. and Law Student First, theLesbian Gay Third, if and when the order is enforced and Organization (LGLSO) theNationalLawat SUNY at Buffalo, all employers who discannot initiate a yers Guild (NLG) didnot and criminate GeneralCorps based on sexual orientation will be the Advocate suitagainst Judge Forces barredfrom interviewing on campus, not just or States Armed (JAGC) the United ThefactthatUß theJAGCorpsortheUSAF. of the legalrequire(USAF) directly because ment ofstanding. LGLSO and NLGdecided to law students will no longer benefit from the approach this issue from the perspective of convenience ofon-campus interviews withthe JAG Corps does not in factresult in any lost state law to meet the standing requirement. Syracuse University Law School, opportunities. 28.1 prohibNew YorkStateExecutive Order for has a long-standing ban against example, based on orientation its discrimination sexual Notwithstanding this ban, state the JAG Corps. in services and benefits provided by a any JAG which mc ludes prohibitionagainst ofthe agencies; this provided the basis action. However, hundreds ofsuits havebeen Corps literature, posters, applications or inforfiled, and continueto be filed, directlyagainst mation, three to five students per graduating the USAF by lesbian and gay service people class have secured jobs with various JAG Corps branches in each ofthe last few years. Last year, four UB law students gained employment withthe military upon graduation. When JAG Corps is banned from ÜB, thosestudents whowant to pursue employment in the military will be in the same boat as all the students who currently seek public interest jobs. Those who seek public interest careers have no other choice but to expend their own resources and travel to interviews. The opportunity formilitary employmentdoesnotdisappearwhen theJAG Corpsisrequired to conform to New York StateLaw. Fourth, the LGLSO and the NLG legal action against SUNY at Buffalo, is part of a national effort to force the Department of Defense(DOD) torescind Directive 1332.14, which prohibits lesbians or gay men from serving in the military. According to the July , 1991 report ofthe ACLU s Lesbian and Gay Rights Project, 77 colleges and universities, both public and private, report efforts to ban militaryrecruitment and ROTC programs until the military changes its discriminatory policy against lesbians and gay men. The ACLU report is only a sampling ofall the challenges to DOD Directive 1332.14 currently undertaken by students and activists across the country. These efforts individually and collectively do have an effect on the military. Ac- cording to Marilyn Miller, Placement Director at Syracuse University Law School,' 'the ban has had atremendous impact ontheJAG Corps. They know they are missing good people and they are very frustrated." EvanWolfson, staff attorney at Lambda I -gal Defenseand Education Fund, believes thai the military will be forced to change its discriminatory policy withinthe nexttwo yearsbecauseofthenationwide challenges and the lack o flogicalreasons to support itscontinuation. Further, Pete Williams, Assistant Secretary of Defense, was man, again callrecently "OUTED" ing attention to the military's selective and arbitrary enforcement ofits ownpolicy. Hence, the legal action byLGLSO and NLG is making a difference. BrendaA. Mattar President, LGLSO Thoughts on Homophobia '' Semantics, you'rekilling me withsemantics !" So cried Michael Stivik back inthe early 19705. Well, now it's my turn. Specifically, I wouldlike to take issue withthe current use, and misuse, of the term ' 'homophobia.'' The term can belikened to many otherterms in psychologicaland sociological parlance. It is used to describe a condition orattitude thatis withinthemind of a certain individual. In truth, the term homophobia lacks the limited validity ofthe social sciences jargon becausethis term, beyond the ideologicaland emotionalpurposes behind it, has no real application. Instead, ithas been used so extensively beyond itsintended meaning thatit now falls into the category ofslur, insultand slang. ' 'Phobia is defined as "an exaggerated, usually inexplicable and illogical, fear of aparticular object or group ofobjects.'' In this sense it seems obvious thata phobia ofsomething is notgood; it isasicknessoradepravity. If this were so, then those deemed "homophobic" should be admitted forpsychiatric counselling and care. They should exhibit a pathologicalhatred of gays, possibly manifesting itselfin violent, beitverbalorphysical, episodes. These cases should be pitied, controlledand opposedbyall segmentsofsociety. Homophobics, in thereal sense of the word, would betruly dangerous and objectionable. Obviously, those who are deemed homophobic should be treated in the same manneras bigotsandracists. Homophobics, by definition,are those who fittheabovedescription,however, this is increasingly not the Instead, advocatesofthe gay rights movement have taken to labelling all those who for any reason or purpose oppose their goals as case. homophobics. Whatmany supportersofgayrights seem to have forgottenis thatuntilveryrecently vast and overwhelming portions ofsociety viewed gays as depravedand objectionable creatures. by Mike Fallen Objections tohomosexuality were believed to be the rational moral viewpoints of decent society. Gays were the deviant ones; it was theirconduct and lifestyle thatneeded defending and explaining, not that ofthose who objected to it. In the past thirty years all ofthat has been turned on itshead. Today,any opposiriontohomosexuality isregarded as wrongand immoral. It is generally regarded thatanti -homosexual views may only stem from such deviant mental states as "phobias." lam firmly oftheopinion thatthis is not the case. Therecan be no doubt, as I have already stated, that those who manifest truly homophobictendencies should be condemned. Modern society should have noplace for monsters who derive pleasure from the pain of others. However, gay rights advocates do not limit their objections to the actions of just thosedeviantpersons. Nor do theyreserve their verbalireand criesof"homophobic forthose who truly deserve it. The gayrights movement clearly hasno purpose other than to have the gay lifestyle deemed to be as acceptable and desirable as ' 'normal or heterosexuallifestyles. What is important is to admit that there are possible objections to this goal,whichare notrooted in homophobic reactions. It is on this point that I believe the line between homophobics and opponentsto gayrights hasbeen blurred. That homosexuals deserve theright to befree from verbal or physical harassment is without question. Any who would disagree with this surely require stricter scrutiny to determine where their intentions lie. Human beings qua human beings are free to choose. Though they may also be heldaccountable for their actions, the right to choose is the most fundamentalrightofhumanexistence. Homosexuals should, and must, be allowed the freedom tochoose whether to live as homosexuals or suppress thatwhichis withinthem. In times past, this choice was liable to punishments as severeas thosereserved for murderers. Fortunately, intoday's society most have come to recognize that homosexuality must not be a criteria for meting out societal retribution. However, whatisn'tclearand indisputable is whethergays are freefrom moral compunction for exercising theirright to be gay. Homosexuals donotdeserveanytypeof societal penalty for choosing to live as they live. What remains to be seen is whetherthe rest ofsociety must fall in lineand support all ofthe goals ofthegayrights movement. There must be foofn ferdrRafe and opinion, and, thatthose who opabove all, therecogn ;exuals are not all pose the rights of h homophobic. It is lunacy to claim thereis absolutely norational ormoral reason to oppose some, if notall, ofthegayrights movement. Religious, societal, and moral convictions may easily preclude such support withoutfalling into the category of"exaggerated, illogical, or irrational fear.'' For centuries, some ofthe greatest thinkers mankind has ever known have been firmly opposed to homosexuality. Many ofthe great theologians and philosophers ofWestern society have opposed homosexuality upon moral and religious grounds. For centuries these views were the pillarsofWesternhatred and condemnation of homosexuality. Though these men may have been influenced by their limes, their objections to homosexuality are nottheproductsof phobic minds, butratherthe disseminations of sophisticated discourseand analysis. Fortunately, weno longer live in an era in which we are forced to obey the dogma and policies laid down by these men, however, it doesintelligent discoursea disservice to merely brush aside those who still adhere to these principles as being merely homophobic. It is verypossible that manyofthemare,but itis not necessarily always the case. To label these people homophobic is to donothing but preclude the opportunityforrational debate upon this serious subject. Especially with the increasing terror that the AIDS epidemic is causing, refusing to distinguish between the roving gangs of skinhead fag bashers'' and thosewho rationally and thoughtfully oppose gay rights is to declare the debate on the moral status of homosexuality effectivelyforeclosed. Refusing to meet opposing viewpoints head-on is always dangerous. It is even more so now; resorting to smear tactics against all people whodo not agreewithyourviewpointcan only fuel the fires o fhatred that certainly stillburn within the heartsofmany. By labelling any and all who oppose, or fail to support, the gay rights movement homophobics, homosexual sare doingnothing lessthan attempting to force the unconditional surrender ofwestern society's fundamental moral and religiousbeliefs. Conducting argument with insults of "homophobic" is no better than brushing aside opponents based on race, color, creed, orsexual preference. The Federalist Society, oftenridiculed and even despisedby many students and student organizations, in some instances deservedly so, does at least provide for the airing of freeand open politicaland moral discussions. Itremains to be seen ifthe members ofthegay rights movement, who like to think ofthemselves as being on the highermoral plane, will be willing to openly discuss fundamental issues and policies without resorting to merely bandyingabout the slur' 'homophobic.'' Only then may the slow and painful process of determining the rights ofhomosexuals, in a society which has traditionally opposed such rights, begin. Itwillbeginwhenthosewho lead thegayrightsmovement,and those thatoppose it, recognize that intelligent people may disagree about controversial and difficult issues. Douglas Sylvester, 1L Some Questions... Ourselvesrapper/producer's WeVe GotToAsk unity. States, focused number one problem on the If Natalie Merchant hadbeen speaking facing the world today: CSDS. "Common at Deifendorf Hall on November 11th, there sense deficiency syndrome," according to Parker, occurs when you listen to your five would not havebeen two Public Safety Officers outsidewhilea third cruisedthe parking lot. senses, but not your sixth sense, the common But itwasKris Parker,KßS-l ofBoogie Down sense. AIDS, which many students hadthought Productions fame, who brought his brand of to be today' snumber one problem, occursas a resultofCSDS. "Whenyougo bareback[don't ' 'edutainment toUB. Parker'sdiscussion,his 105thinanation use a condom] it [AIDS] is going to get you. wide tour of44 universities across the United The theme was '' The black/white fight is oId " saidParker,'' it ain'tabout that any more. McDonald's don't care what coloryou are." He explained what the fight is about, arguing that "The government is not racist, it is greedy." He urged people to get together to fightthe power. "If your pro-black struggle does not fall in line withthepro-human struggle, thenyou're justas wrong as thepro-white struggleParker said. Parker also addressed the educational system. "Everything is questionable. When we memorize, we don' t intellectualize. When we don't intellectualize, we assume we're being told thetruth." And thetruth, according to Parker, is thin. '' Liesare thick.. .they come with long explanations. That'swhy they teach you 'history' for twelve years." KRS-l'sbriefvisit,he hoped, wouldget people asking the right questions. November 25,1991 The Opinion 7 �From the Desk of the President by Brian P. Madrazo CONSTITUTION: OnTuesday andWednesday, November 19and 20,1991 the student body ratified the Board ofDirectors'proposed Amendments to the Student BarAssociation Constitution by a vote ofone hundred forty (140) to twenty-five (25). The Ratified Amendments will be enacted on January 1,1992. Each student group will get a copy ofthe Constitution and acopy will be on file in the SBA office, room 101 O'BrianHall. I would like to thanktheeditorialboard ofTheOpinionforthe manyhoursofhard work they put in to ensure that the copy of the proposed Amendments whichappeared inthe last issue ofTheOpinion wasabsolutely accurate. I wouldalso like to thank Oren Zevefor hiscountlesshoursofwork ontheConstitution and theBoard for theirenergy in bringing the proposedchangestothestudentbody. Finally I would like to thank the students who voted both for and against the proposed changes. Thankyoufortakingthetimetocastyourvote. Moving 0n... RECREATION and INTRAMURALS: You will find elsewhere in thispaperthe results ofthe survey conducted by the SBA two weeksago. Thankyoufortakingthetimetofill out thesurvey. It is on file in the SBA office, posted in the mailroom and on the doorofthe SBA. Although the survey was not "scientific"and the datais veryrough it is possible to draw some broad conclusions. Basically thereis clearly a misconception as to whatthe purpose ofthe survey was all about. To demonstrate first let me give you a rundown on where the SBA gets the dollars to pay R & I. Briefly, the SB A isthe custodian ofyour mandatory student fee. Currently that fee is thirty-four dollars per semester per student. Ourtotal operating budget is approximately sixty thousand dollars when you add in the interest on the mandatory student fees. From that budget the Board ofDirectors allocates funds to thevariousstudent groups,pays for the phones in the groups offices, throws social events,pays for theaccounting ofall fee dollars extremely unlikely, practically a nonexistent possibility, that this Board orany future Board will vote to not fund R & I at four dollars per student. However, whathappens if the bill is ten dollars per student, or roughly one seventh ofour operating budgetandroughlyonethirdof our allocations to student groups. That is when the decision gets difficult. Look for a town meeting on this issue next semester. Give the SBA your views, preferably inwriting, and lookformoreinfo in The Opinion, but please do not accuse us of tryingto take away R& I from the studentbody. You elected us to oversee the use of your mandatory studentfees and weare attempting to do so in as thoughtful and deliberate a manner as possible. Moving 0n... PARTY: On Thursday November 14,1991the SBA in conjunction with LALSA threw its final social event oftheyear at theJAM CLUB. Although late in the yearand the nightbefore the MPREs many peopleattended and danced up a storm. Turning tonext semester, the SBA is throwing its first party of the semester January 23,1992atMulligan'sonHertel. Look formoreinfo in thefirst issueofTheOpinion. Moving 0n... TEACHINGAWARDS: During our meeting on Thursday November 21, 1991 the Board voted to award ProfessorsGirthandDelCotto SBA Awards for Excellence in Teaching. I would like to personally congratulate Professors Girth and DelCotto andinvite the studentbody toa wine and cheesereception onThursday December 5th, 1991 in the studentlounge in theirhonor. Theywill eachbe presented withan inscribed plaque and a permanent plaque will be unveiled. Additionally, theBoard voted torecognize Professor Hymanfor his longand extraordinary tenure at UB Law. I would like to personally congratulateProfessor Hymanand also extend the SB A' s thanksfor your exemplary service to UBLaw School. Professor Hyman willalsobe honoredon Thursday December sth. The Board also created a process to by Sub-Board I, Inc., andallocatesfundsforthe nominate professors in the future to beconsidlaw student use of Group Legal Service. ered for The SBA's Award for Excellence in Additionally SBA last year allocated Teaching. The process will be started in the approximately four dollars per student for unspring semester ofeach year and all students limited access to the R & I facilities located will be able to nominate professors for their at Alumni Arena and Clark Gym. This year excellence in the classroom. Although an SBA allocated approximately four thousand award need not begiven eachyear, the process dollars for R & I services (slightly over four must be completed. It includes a nominating dollars per student) but thebill is close to five procedure and townmeeting forstudents to air thousand dollars. Further, the Student Assotheir views. Look for this process during the ciation isclaiming that each government should first part ofnext semester. pay thesame amount per studentregardless of Moving 0n... the sizeofthe school. SA currently is locked APPOINTMENTS into a long term contractto allocate two hunCOMMITTEE: dred forty thousand dollarsper year to R & I. Basically ourrevenue is stable. It does Each year thefaculty gothrough the long not go down year to yearbut ontheotherhand and involvedprocess ofattempting to hire new it does not go up either. If we increase an faculty. Each year they are unable to hire allocation to one area we must decrease the because ofbudget cutbacks. What may not be allocation to another. Because ouradministraknown is thatthe students have tworepresentive expenses suchas the phones, accounting tatives on theFaculty Appointment Commitfee, allocation toSub-Board I and SASU feeof tee whohave been working to let the faculty thirty-twohundred dollars peryear are either know what students expect from faculty. fixed or will only go up, the onlyplace left to This year thereis areal possibility that cut is our student groupallocations. anew professormaybe hired. Thirdyears will Adecisionto fundß&lmoremeansless remember that duringour first yearpotential money allocated to student groups. Thequescandidates were brought to Buffalo and were tionbecomes at whatpoint does theallocation introduced to studentsviabrown bag lunches. to R & I outweigh its benefit,at five dollars? Well this year the same sort ofthing is going at eight dollarsper student? at twelve dollars to happen butthe candidatesare beingbrought perstudent? To make an informed decisionthe in after Thanksgiving. I'll justlet you reflect SBA needs information from the student body on thattiming for a moment. and a variety ofother sources. Regardless ofhowinconvenient the timTherefore the survey is just one ofa ing is it is crucial that students attend these series ofsteps the SBA will be taking prior to gatherings. Goas astudy break or tojustblow a decision on this to gather information. It is off studying, but byall means go because it is 8 The Opinion November 25,1991 SBA: Up Close & Personal by Natalie A. Lesli, iBusiness Manager Once again, thereis relative quiet on the homefront. After nearly four hours of debate on the issue ofcompensation (See Article V ofthe newly ratifiedSB A Constitution) whichbitterly dividedthe group two weeks ago, the most recent SBA meetings seem dull incomparison. A few issues of particular importance to law students have arisen,however, and, as always, theSBA has zealously debated them. Unfortunately, most ofthese issues will not be resolved until next semester. At theNovember 14meeting, Second Year Director ErikMarks madeamotion to temporarilyallow smoking in thefirst floor lounge untilapermanent smoking lounge is designated. As most students may already , know, the fourthfloor * 'lounge ' (that is to say,hallway) isrepeatedly disassembled by various staff members with offices on that floor. Obviously, this is not a solution that will have much longevity. In fact, work orders forthe permanent removal offurniture forthe lounge havebeenturned inand will beacted upon at any time. Erikstrongly argued that in the absence ofa designated smoking area, smokers will feel free to smokeanywhere. , A few directors echoed Erik srequest forthe temporary useofthefirst floor lounge. ThirdYear Director Sabby Santarpia stressed thatsmokershave nowhere to goright no w and thatsending them outside is not aviable solution, giventhe harshreality ofwinter in Buffalo. Second Year Directors Michael Radjavitch and Hank Nowak also took a strong position with regard to this issue, arguingthat the smokersin theirconstituenciesdeserved a placedto smoke, and thatthe first floor lounge is the only possible temporary solution. Hans Tirpak, a Third Year Director,reminded the groupthat,''These people don't have the option ofnot smoking,"and therefore that they must be granted the use ofthe firstfloorlounge. Most ofthe class directors were not convinced by these arguments. Leading the pack were Second Year Director Scott Rudnick and Third Year Director Marc Hirschfield. Both men argued thattheproblem ofdesignatingasmoking lounge was for theadministration toresolve, not the SBA. Marc claimed that it was "incredible and , ridiculous ' that such a motion was even made, given the amount ofmoney (about $3000) spent this semester to refurbish the firstfloor lounge. This expenditure would effectively be wasted ifsmoking were to be allowed, he continued, as the carpet and rurniture wouldagain needto bede-smoked. Scott argued that, "Theburdenisclearly on the administration to come up with a solution, '' and that iftheSB A weretotemprarily allow smoking in the firstfloor lounge, the administration would cease itseffort to find a place for smokers. He also stressed the fact, as did First YearDirectorKristin Graham,that amajority oflaw studentsare nonsmokers,and that they wouldnot want to use the first floor lounge ifsmoking were allowed. Finally, PresidentBrian Madrazo informed the group thatwhen the fourth floor lounge wastakenby theadministration to be converted intoacomputerroom, they agreed to find another place in the law school for smokers. In the meantime, Brian arranged forthetemporary smoking "lounge" on the fourth floor, which is presently being removed. Briantoldthegroupthathehasbeen putting pressure on the administration to find a place for smokers since the deal was made,and will continue to do so until they keep their part ofthe bargain. The vote on Erik's motion was not surprising: it failed, 5-9. While thisresult may be agreeable to non-smokers, it is unfortunate that a minority of the student population (smokers)must sufferbecauseof thelack ofresponsibility onthe part ofthe administration toresolve the problem. Briefly, other issues withwhich the SBA will be grappling next semester include the current grading system and the new registration process. All ofthe directors welcome suggestions from their constituentsas to both ofthese issues. Beforeending this final report ofthe semester, I feel compelled to share some of mymoregeneral obsevations aboutthe SBA. As I have noted before, I have been critical ofthegroup. Yet,duringthesemester,I have come to appreciate the time they dedicate to trying to make UBLaw School a better place for students. I believe thattheir job would be much easier i fevery one took one minute to let themknow how they feel with regard to the issues on theagenda (usually postedoutside ofthe SBA office). Hey- they are our elected representatives and that's what they're there for! Finally, I would encourageeveryone to try to attend at least oneSBA meetingnext semester. It'sagreat way to become more informed, and you can't beat the entertainment! Knowing you'll be holding your breath... The next issue of The Opinion will appear on January 21,1991. (deadline, of course, is January 16) important to getas many viewsaspossible on these candidates. Remember faculty are here foratremendously long timeand willaffectthe future ofBuffalo Law for better orworse. Moving 0n... TO THE STUDENT GROUPS: Just aquick reminder that therearesome changes in thereimbursing procedure for next year. Thechanges will make the processmuch quicker but you must be aware ofthem. Stop by ifyouare unsure, andremember ifyou are aTreasurerwho failed to come totheTreasuref s meeting a few weeksago thenthe SB A will not process reimbursements until we can meet , withyou. Friday November 22,1991 was the last day toprocessreimbursement claimsfor 1991. The treasurers were all aware ofthe deadline so ifyou do not get yourreimbursement checks before finals pleaseraise cain with them and nottheSßA. Moving 0n... FINALLY: Remember, we start onFriday, January 10,1992.First SB A party on the 2 3rdand first SBA meeting sometime the week ofthe 13th. The SBA will not meet again this semester unless it is an emergency sessionand no director will be sitting officehours forthe rest ofthe semester. I will beavailable on a verylimited basis the week ofDecember 2-6 and on an extremely limited basis during finals. I would like to take this opportunity to thank the members oftheBoard for theirhard workand thosestudents sitting on the various Faculty Student Committees for their hard work. I look forward to working withyou all next semester. Good luck on Finals and I hope yourholiday season is spectacular. Until next time. �The Dilemma of North Versus South byKevin P. Collins, Staff Writer Ireland. He spoke ofthehuman rights abuses This story is not about the Civil War in in NorthernIreland and suggested that people America. Rather,itisaboutadividedcountry, read the bookfromthe Helsinki WatchReport: Ireland, and the human rights abuses that are Human Rights NorthernIreland for further in occurring in Norther Ireland. On Thursday, information. Hethen gaveway to thefeatured November 14, theHibernianLaw Society and speaker. the Graduate Group on Human Rights preRichard Lawler is an attorney in private sented feature speaker Richard Lawler. He practice in Hartford, Connecticut. He is a was introduced by Michael O'Dwyer, chairVietnam veteran whohas served in the Conman ofthe HibernianLaw Society. Michael necticut State Legislature, is a former HartO' Dwyer statedthatthe objective oftheforum ford Board ofEducation President, and is curwas two-fold: first, to talk about the eventsand rently also an Irish NorthernAid official. He issues in Northern Ireland; second, to increase spoke ofthe movement toward human rights the level of awareness and involvement in and freedoms, ofunity, peace and justice in Northern Ireland. Hehoped thatthisincreased NorthernIreland throughremoval oftheBritish awareness wouldawaken, as he coined it, the presenceand government in Northern Ireland. slumbering giantofIrish-American governHe wants to see a coming together ofall Irish mental politics to have their voice heard in people for an open democratic forum. Washington. He cited a recent poll which Mr. Lawler spoke briefly on the long found that60% oftheBritish population favor history ofthis struggleand oppression ofthe withdrawal ofBritish troops from Northern Irish people. In 1918, following the uprising of Open Letter from Faculty on Research & Writing Program To the first-year student?: Over thepast several months, considerable agitationhasarisen overtheResearch and Writing instruction forthe current first yearclass. As faculty who are planning to teach an R & W section next spring, we would like to say a few things to clear the air. First, we volunteered to teachthis course because competentresearch, analytic, and writing skills are importantfora lawyer getting started, and beginning to develop those skills in the first year makes good educational sense. We are dedicated to and , enthusiastic about this enterprise. But, let salsoremember this schoolprovides many different opportunities to developthese talentsthroughout the three years, in clinicsthat deal with complex legal issues, in seminars, workshops, and independant study, and in a numberofcourses that require morethan the usual examination. Second, while notall of usare specialists in Research and Writing pedagogy,we allhave had extensive personalexperience in doing research, legal analy sis, and writing, and inteaching courses involving student writings. As academics, we are constantly called upon to evaluateand critique writings. Our experience and sensitivities in these matters are well-tuned. We also know that awareness of the latest pedagogical techniques maybe lessrelevant to successful teaching thanthe ability to inculcate in studentsthe standards thathave internalized for our own work. Third, the program we are replacing involved teaching by lightly-supervised, moderately-experienced law students with problems that generally did not require exhaustiveresearch. Thougheffective for manyfirst-year students, it scarcely deserves the acclaim some critics ofthe new program have granted it. It was a good program; the instructors were dedicated, serious and often effective. But itwas not eitheran ideal program or one that could not be improved. In fact, in our eyes, having experienced faculty as teachers constitutes improvement. Fourth, theessence ofgoodteaching begins with thefaculty members understanding the learning needs and capacities oftheir studentsand designing theirteaching and feedbackaccordingly. We don'tneed guidelines,acheck-list ofessential features or a watchdog committee to help us. In fact, to haveoutside influences intruding between teachers and students is extremely risky and can be downright destructive. We understand and empathize with some ofthe concerns in the recent SBA Committee report and will, whereappropriate, make them our concerns; but quite frankly, each ofus as individualinstructors teaching our own materials and inour own style will have to work with our students instructuring the course-not with an outside committee. We are confidentwe will help our students build goodresearch, analytic, and writingskills. Ifweweren't.wewouldnothavesteppedforwardto teach. Bythesame token, we know that at the end ofthe semester, we will all have ideas about how to improve the course. In that respect, thiscourse will notbe differentfromany others that weteach and constantly adjust and improve with each succeeding effort. All we ask now is that our students next semester enter our courses with an eagerness to work and learnand withoutimpedimentscreated by unfounded alarmsand premature criticism. Thanks foryour consideration. Best wishes, Lee Albert Barry Boyer David Filvaroff Lucinda Finley Alan Freeman Thomas Headrick Virginia Leary Janet Lindgren Betty Mensch 1916, a British (not Irish) administered electionwas heldand 80% oftheIrish people voted for onefree Ireland. He mentioned the situation of Joe Daugherry, who is in prison in Americafor political, not legal, reasons at the request ofGreat Britain. According to Mr. Lawler, the United States will not-allow a Sinn Fein (an Irish political party) spokesperson into America, butwill allow drug offenders,racists, murderers and known terrorists within its borders. Sinn Feinis a legal party in NorthernIreland, but the British troops harass party members, beatthem,andevenmurderthoseelected. Sinn Fein is allegedly not allowed on the airwaves or into talks because it will not openly renounce violenceand theIrishRepublican Army (IRA). There isevenabill in theU.S. Congress toprohibitlrish borncitizensfrom speaking in America concerning humanrights abuses in Northern Ireland, by penalty ofincarceration or deportation. Hecited Dr. MartinLuther King's statement that ifone person' shumanrights are violated,all ofour humanrights are violated. IrishNorthernAid runs programs where people can spend two weeks in the summer living witha family in Northern Ireland. Mr. Lawler told ofhow he has been in Northern Ireland and haswitnessed people murdered at hisside, good friends shotatpointblankrange with plastic bullets. He wants people to realize that this is a totalitarian, despotic, militant, Nazi-like state in Northern Ireland. The British soldiers shoot at young males, ages 16 to 21, at close range with plastic bullets that travel at over 100 miles perhour. Mr. Lawler referred to the judicial system as kangaroo courts used to convict people thatthe British want to getrid of. Sinn Fein wants to start peace talks Sandswith more votes thanMargaret Thatcher everreceived. Yet the American and British governments will not allow them into any talks. Mr. Lawler had the pleasure to spend some timewith Scan Mcßride, the founder of Amnesty International, who encouraged him to stand up for human rights. Mr. Lawler stressed the notion ofrecognizing the tactics used by theBritish as illegaland for theBrit ish to leave Northern Ireland. He called for the Irishand Americans to demandhumanrights in Ireland. Part of the problem described by Mr. Lawler is the lack ofAssociated Press and United Press Internationalcorrespondents in Northern Ireland. The British ban on such reporters leaves all news releases in the controloftheßritish. Mr.Lawlerendedhisspeech by strongly stressing thehope thatpeople will beactive in Irishrights and inall humanrights. An informative question and answer session followed where Mr. Lawler expressed his belief that the Republic of Ireland (the South) could incorporate Northern Ireland. A student suggested thatperhapsdiscontentment withIRA tactics is leading to apathy in Southemlreland. Mr. Lawler responded thatapathy leads to subservient feelings as in the slave- master relationship. Mr. Lawler closed by statingthat, as o fno w, thereis no international pressure on Britain to resolve the matter and that the British claim that this is an internal matter. The answer to the Northern Ireland situation may be found here, through international pressure and United Nations intervention Llntil such time as an answer is found, human rights atrocities continue in Northern Ireland and a nation stands dividedinto North and South. . aimed at human rights. They elected Bobby LALSA Latin American Food Festival LALSA thrilled famished lawstudents and faculty withanother v Latin American lunch-time fiesta this past Wednesday. LA ica throughout from Latin Amc. members brought traditional dishes and madethem available by the plate full. Anyone willing to part with thenominal $3 fee was treated to a variety ofvegetableand meat dishes. In addition to the many students takingadvantage of this opportunity to enjoy an edible lunch, Dean Filvaroff and Professor Schlegel stoppedby to grab a bite. The monies collected from this fund-raiser will be donated to the International Law Society for next semester's conference. Give Blood John Henry Schlegel November 25,1991 The Opinion 9 �Coming of age in the 50's with Rex Imprimatur Captain'sLog: 11/03/91 There is a large vessel wallowing in thetroughsofthe high seas. Aheavily laden craftthat has grown too lax for its own good, riding low in the water and forever cleaning its bilge, the U.S.S. Democracy sailslike a stuckpig. Aporcinecrew isforever despoiling the ship in aravenous feast that guts the supplies and leaves the empty hulk to search thewaters forprey too ineptto getout ofthe Democracy's plodding path. The ship isan affront to its former self. Surviving on its former glory, the ship only overcomes obstacles it carefully selects for maximum effect. Watching the decline of this once proud steamer weighs heavily uponmy heart. The captain of the ship, a certain Woody Maine, hasn'tbeen seen outside of his own mess in thepast fifteen years. That was fora voteofconsciencethat gripped the entire Democracy after a near brush with that nefarious marauder Tricky Dick Nickson. It was only by jumping immediately into a bout with turn of the century romanticism thatthe Democracy wasable to salve itscommunal conscience by choosing someone everyoneknew wasn't fit for the job. The Democracy immediately rectified that error and voted itself a moratoriumonmoralsand mortgaged the future for aten yearnon-stop Mardi Gras. But the ship had begun to founder and lo' it sprawled into my contemplation in a fat and petulant humor. My crew itches for the opportunity totaketheship forall itsplunder. Although the ship has been neglected it is still a tempting prospect, forifhalfthe fablesofits riches are true, should we succeed intaking the ship we'dbe sitting pretty in Patagonia inside a fortnight. Using extensive sea charts for reference Iplotted an interceptcourse for the sea cow, or manatee as the crew had come to callour object, and prayed forgood weather. There could be bloodshed for thefirst time in adecade on the bow ofthe Democracy. Captain'sLog: 11/05/91 Therehavebeenrumblingsbythecrew that the support shown the manatee have robbed the ship ofitsvigor, making itscrew too lethargic to support an active vessel on the merchant waters. As the captain ofa ship thatsurvives on plunder I know thatthe Democracy cannot afford to maintain the habits of a wastrel on a spendthrift trust when it destroys morethan itretains. Today themanateechanceduponthe luckless ship identified as the U.S.S. Populace. In a gesture that is as old as sailing itself the Po/w/rtceofferedlittleorno resistance as the top-heavy Den/ocracv stripped thelargerbut unorganized schoonero fits prideand engine and left only the figurehead standing onthe bow. Restored to its former position, the DfwiocracvpaidtheFo/Jwtocenoheedandin fact,ran over some ofthe unfortunates that were being towed behind that ship. It is a phenomenon that works in cycles, withthe Democracy requiring an act ofself-immolation by shipsas disorganizedas thePopulace every two years,and the Populace swearing that for the nextattack, it will be ready. I have often heardthe selfsame rallying cheer and it is fittingly called the "Battle Cry of the Losers." Captain'sLog: 11/06-08/91 We've put into port at James Bay of Fundraising. I ventured to the lop ofJimmy Cliffto insurethat there will be no unseemly interruptions of the R&R I had given my crew. Whileon thelookout fortroublenews reached me that a competing ship had letits crew onto the same port for a similar but lesser known rest called R&W. Through my telescope I could see a lean figure trying to directagroup ofstrong minds connected by weak links inasequenceofinstructions. The motley crew was jumping throughaseriesof hoopsundertheencouragingshoutsof "Isn't this challenging?'' and "Job offerscome to unique people!'' and' 'Who said this isn'ta designated smoking area?" Moreoften than not the crewmembers became bored at the gameand tried to wander insearch o f gainful instruction. I recognized the leader as the White Plumed Profit, a man ofunique stature and otherwise moderate talent. Hewas tryingto create support for his rigorous program of mental calisthenics consisting ofreading and then talking about thereading followed by smallgroup' 'warm-fuzzy sessions, but thelistlessness in hiscrew was evident even from my own distant vantage point. After severalhours ofvainly trying to inspire his wards,the White PlumedProfit drovethem onto the dock and one by one cast theminto the lagoon in a sink or swimlesson. Unfortunately, thelagoon waspopulated by hungry sharks clad in ivy who were more adept at maneuvering in the crew's new-found environment. Itbecame abloodbath. I immedi- ately checked the end ofmy telescope and found a leaf on the lens, so those sharks couldn't have been in an Ivy league, if you mind-numbed individuals can guess my meaning, so I rested easierthatnightknowing I wasn't suffering from hallucinations. "Man in the Moon" by Renee Walner The film ' 'Man in theMoon ' 'marks the latest entry intothe "coming ofage duringthe fifties" genre,and though well-intended, ultimately falls short in emotional resonance. ' 'Man in the Moon tells the story ofthe 14-year-oldDani whois on the verge ofbecoming a real beauty. Dani(ReeseWitherspoon) feels sheis inadequate when compared to her beautiful older sisterMaureen (Emily Warfield), whom she deeply admires. Dani is aware of , Maureen s poise and confidence andregards her sister's easyrelationships withboys with amixtureofenvyandwistfulness. Love seems to be especially on young Dani'smind, perhaps incited by longhoursof , listening to Elvis crooning. It'snot long before sheconsiders herself in love witthenew goodlooking 17year-old, Court(JasonLondon), who moves nearby. Dani is unconcerned abouttheir agedifference, though Courtis certainly aware of it. Their acquaintance develops into a friendship, though Courtis uneasy whenDani shows signs of thinking it is more. Things tional Law Students Association, theAmeriThe International Law Society (ILS) is can Society of International Law, and the N.Y.S.B.A. and theA.B.A. International Law concluding thepreparatory arrangements necessary to host an International Law Conference and Practice Sections. at the SUNY at Buffalo School ofLaw on ILS fund-raising effortshavebeen very February 28thand29th, 1992. The tbcusofthis successful thus far this semester: a Ford conference will be the internationalization of Foundation Grant has beenappro ved for over the law, emphasizing the practical realities of $2,000.00, Sub-Board I, Inc. has accepted a conducting business on a transnational level. proposal to make available a donation of Primarily, it will provide an overview ofthe $ 1,000.00,theCanada-U S.Legal StudiesCeglobal marketeconomy as well as specifically ntre has agreed to sponsorthe Keynote Speaker, address current issues regarding the interna- LALSAiscontributings3oo.ooand the Hibertionalcommunity. The conference program nianLaw Society is donating at least $ 150.00. will consist oftwo day s ofpanel sessions and Any otherstudent groups or organizations inworkshops,severalreceptions, aclosing din- terested in the funding aspects ofthis conferner, and an AmericanBar Association presenence should leave a note in mailbox #38 or tation on career possibilities in the interna#204. tional legal arena. Registration tables will be set up in , The National Hispanic Bar Association O Brian Hall early next semester. There will has joined forces with the ILS, and although be aregistration feeofS 15.00 forUB students, they will be running a separate program, both with aseparate fee fortheclosing dinner. The groupsare combining theirefforts lo enhance registration fee will include two receptions much ofthe already established agenda. The withrefreshments, two coffee breaks, one conILS is also working closely withthe Interna- tinental break fast, entrance to all ofthe panels 10 The Opinion November 25,1991 other. The film becomes even more predictable when one ofthecharacters suffers atragic accident. This incident is an example of blatantplotmanipulationand seems contrived and overwrought. The end result lacks any genuineness. However, the film may have a greater effect on younger audiences, as was cvident by the uncontrollable sobbing ofarow ofteen-age girls duringthe movie. "Man in the Moon "does a fine job of eliciting strong performances from the actors, yet it seems like it would have been more effective as a short story rather than a film. Though the film effectively establishes its' premise, the interaction between the characters seems to never go beyond the surface. 'Man in theMoon doeshave acertain gentle, laconic appeal and marked the debut of anumber offine young actors, most notably Reese Witherspoon and JasonLondon. ' Dark Marbles Roll WhereThey May byKevin P. Collins, Staff Writer The setting was Friday night, or more precisely, early Saturday morning, November 8th, atthe Continental, located at 212 Franklin Street. The curtain rose and on stage was the three-piece band, Dark Marbles. The Dark Marblesline-up includes first yearlaw student (stage named) Yod Crewsy, as lead vocalist and guitarist,and Pete Dißiasio on bass, with brother Dave Dißiasio on drums. From the opening song until thelastencore, the crowded dancefloor teemed with swayingbodies trying to keep up with the music. Those swaying bodies included a number ofUBlaw students, mainly first years (those ofus who know Yod's Ycxl isa former memberofThe Jacklords, a band that opened for Roy Orbison and also played theUß SpringFest in 1988. Theopening act for Dark Marbles was The Huge Hefners, also a three-piece band, who played some inspiring music as theyraced across the stage in their satin bathrobes. Despite rumors that theirbass player is leaving town for the West coast, Dark Marbles will undoubtedly reappearin the nearfuture. Along thelines ofthat rumor mill, ithas been heard thatanother first year law student at UBwill join the band to fill real identity). The Dark Marbles, an independent and self-promoted band, are led by Yod Crewsy, who recently appeared at the SBA Halloween Party as Devo, and was later seen attending Civil Procedure class as himself. Yod describes the band as abasic rock trio that plays original music. When the powerful threepiece band is not playing originals, they do coversof such groups as R.E.M. Yod further classified theband' ssound as good alternative music; they are guitar-based with no synthe- TheyMay. the vacant bassplayerposition. Whateverthe case may be, Dark Marbles will do tomorrow as they didyesterday-Dark MarblesRollWhere ...Pozner continuedfrontpage 1 everything will befine. Butit's worse. There is rationing in Moscow, the first time since World War 11, and the feeling is the rest ofthe world doesn't care.'' Pozner called for economic aid at all levels tosee Russia through the winter and beyond. He said that the Soviet Union is essentially dead with the various sizers or drum machines—a fresh return to original sound. The Dark Marbles' musical influences include The The, Velvet Under- republics declaring their independence but ground, The Whoand TheJam. that Russia is still the largest nation in the world and one of the richest in natural resources. With a sense ofinevitability Pozner stated that Russia will become an economic superpower as it once was militarily and that the people won't forget thosewho aided them Pozner andworkshops and printedcareer information. during their moments of hardship. sent by to the items personal asked foraid akin A detailed conference agenda will be availWar to directly II Americans World during able early next semester, watch theILS bullefamilies. "The world, especially Russian tin board forupdates. to it cares. From now In addition to the panels, the ILS is proposing America, has show that time for Russia." to March is the decisive a graduate symposium toaddress the need for thattheRussians may become Pozner claimed educational reform with respect to internathey so discontent that would elect a fascisttional studies and programs. The ILS will be "We presidency. individual into the leaning accepting research papers on this subject until David Duke in Russia. Just as have our own February 7,1992. Papers that are submitted if not more so. He received 9 million will be sent to a selection committee which scary, votes the last national election.'' in will determine thosepapers to bepresented at Pozner related a conversation he had the Conference. All ofthe submitted papers witha whom he termed' 'educated.'' person will beavailable during the Conference, and had been They talking about the worsening the papers that are presented will be entered situation in Russia and the individual had intoa competition forpublication in theInterit a termed Russian problem that had to be national Law Journal that is currently being worked out theRussians. Poznerresponded by formed at LIB. Please submitpapers to: 'countries are not like ship or fish. They that' International Law Society or don't go belly-up. They don't sink swim. School ofLaw, O'Brian Hall Russia can survive--and They theyremember. SUNV at Buffalo Amherst Campus It upon way. either the rest ofthe go depends Buffalo, New York 14260 world." (716)636-2781 Mr. Pozner appeared on campusas part ofthe Distinguished SpeakerSeries sponsored by Don Davis Auto World. Putting Buffalo on the Global Scene byJoi Carey change when Court meets Maureen and both characters feel an instant attraction for each �After Distinguished Career, DelCotto "Slows Down" by W. F. Trezevant, Staff Writer In attempting to write this article, I found myself inaquandry. Namely,howdo I begin to compartmentalize in words a profile ofa man whose legal career has spanned four decades? How do I take into account the enormouscontributions to the legal profession, tax law. and get away from the sometimes harsh wintersofBuffalo. He intends to spend some time playinggolf,''eventhoughl'mnotverygoodat it.'' Indeed, aftera combined career inteachingand practiceofover forty years, Professor , DelCotto s decision is timely. He first joined theLaw School faculty whileapractitioner,asapart-timeprofessorin 1951 and becameafiill-timeprofessorin 1961. His subsequentcontributions to theLaw School canonlybe describedas monumental. To his credit, Professor DelCotto was on the first Editorial BoardoftheBuffalo Law Review. In akeynote address in April ofthis year, onthe fortieth anniversary ofboth theLaw Review and his tenure here at theLaw School, ProfessorDelCotto reflected,''[I]twas sort oflike onthe-job training.. .there were 18 notes and comments by students in that first Law Review -an outstanding number of notes and comments. That'sasgood as itsgoingtoget...itwas anauspicious start." Now,asweallknow,fromthat firstissue send-off, theBuffalo Law Review and Professor DelCotto have risen to national prominence for well considered and scholarly articleson various issues inthelaw, particularly referred to at the outset ofthis letter. At the least, we wouldurge thatthe Courtmake clear, by footnoteor otherwise, thatthe assumption made in those statements is not an indication thatthis Court is ofthe viewthat thelower tax bracket child rather than the higher bracket parent is taxed under the income tax on the income earned on an interest-free demand loan.'' The point ofthat letter was simply to assisttheCourtinmaking "good,quality law" forthe nation. Additionally, there is the case ofTufts v.Commissioner.46l U.S. 300(1983)inwhich the Supreme Court cited another article by Professor DelCotto contained in the Buffalo Law Review on the issue of'AmountRealized , and Basis ' for purposes oftaxation under Section 1001 ofthe Internal Revenue Code. , The Court, in this case, cited DelCotto s article but then stated thattheir analysis ofthe issue is differentthan theanalysis contained in the article (a difference Professor DelCotto has difficulty perceiving). Nevertheless, DelCotto was once again assisting in the development ofsoundtax law. Both ofthese events are indicative of , Professor DelCotto s tenure here at the Law teaching a two semester, threehour course on tax law. And as our nation witnessed "the For example, there was the letter written by Professor DelCotto andPro lessor Joyce to the Supreme Court in February of 1984 in which they took issue with some ofthe Supreme Court' slanguage in the case ofPickman v.Commigsioner.52U.5.L.W. 4222 OJ.S; Feb. 22,1984). In that letter, Professors DelCotto oftaxlaw,andthedevelopmentofall thestudy those around him, students and colleagues and Joyce outlined theirreasons for concern alike? Finally, how do I, in the few paragraphs over three statements contained in the high that follow, express the deepadmiration and Court'sopinionwhich,' 'could makeDickman gratitudeofthelaw schoolcomm unity fortliis a disasterrather than avictory forthe Governman'sservice over theyears? Perhaps a simple ment" concerningthe taxability ofintrafamily thank you and best wishes for the future will interest-free demand loans. This letter was laterpublishedasan article in theBuffalo Law suffice. the Professor DelCotto,at conclusion of Review. As the conclusion from that letter thissemester, willbe in hisown words,''slow- states,"... we would urgethe Court toremove ing down " inorderto providefor more leisure from the Dickman opinion, before it is pubtimeto relax, spend more timewith his wife, lished in the U.S. Reports, the statements — proliferationand complication ofthe tax law, Professor DelCotto helped develop the specialized courses on thevarious aspects oftax law and policy. The tax program is one ofthe Professor DelCotto, a ÜBLaw alumnae, has taught tax law at ÜBLaw since 1951. Photo courtesy of UB Law Alumni Assn. School. Professor DelCotto has always been one to assist in the development ofall those around him. During the celebration ofthe fortieth anniversary ofboth theLaw Review , and Professor DelCotto s tenure, Professor Joyce said that [professor DelCotto is] a person who was willing to give ofhimselfas muchashedid." InaninterviewwithProfessor DelCotto, hecommented by saying thatit gave him great pleasure to' 'watch thedevelopment ofhiscolleagues, students as wellas himself' through the feedback from interaction with people. However, Professor DelCotto did not limit his activity to the Law Review. He likewise orchestrated the developmentofthe nationally reknowned U.B. Law School Tax Program, which is unusually extensive for a law school program. He started when hefirst came to the Law School as a professor by mosthigWyregarded programshere attheLaw School, with many ofthe students completing it. This next semester will mark the first time inmany years that Professor DelCotto has not taught a Springsemester course in tax. He will be back for the Fall semester of next year. In fact, Professor DelCotto, when emphasizing thathis decision is not a retirement but merely a' 'slow-down,'' commented, '' I like teaching too much... ithasbeenapart ofmy life for so long. Teaching is, along with theresearch and writing aspect, one ofthehigh points." AsthestudentswhohavehadProfessor DelCotto in class know, he is a vibrant, engaging and demanding professor. His approachisoneof" reading withaneyetowards questioning and evaluating what you read. He stated, "no one is more critical than I any lawyer worth his/her saltreads with an eye towards criticism. And that is why I teach by goingright tothesource, and constructively discussing what the law says and what thelaw ought to say. Teaching thelawthrough critical analysis of legal doctrine" requires students to read closely and fully understand the law not only as written, but whether it makes sense economically, logically, and in terms ofpolicy;whichis whatany good lawyer , must do." As Professor DelCotto s former students demonstrate,he has produced many ' 'good lawyersparticularly in theareaoftax law. I began by asking how do I begin to do justice to ProfessorDelCotto' s legal career. I now ask how do I endknowing thatthesefew paragraphs are at best incomplete? Perhaps a heartfelt "thank you, best wishesand seeyou am.. around Pro fessorDelCotto." Girth Becomes Dean at Georgia State Law School by John B.Licata, Editor-in-Chief Professor Marjorie Girthhas accepted theDean position at Georgia State University School ofLaw inAtlanta beginning in January 1992. Professor Girthhas witnessed dramatic changes inthe legalteaching profession during hertwenty-oneyearsatSUNY-Buffalo School ofLaw. Initialrecruiting by Georgia State was interpretedby Girth as further examples ofthe " Southern hospitality " thathad beenlavished uponher duringher stay at Emory School of Law. '' But, they soon told me thattheir dean was leaving in June 1991 and they wanted me to become their new dean." Girthexplained that during the recruitment process she had unanswered questionsand discussed themwith the university president who replied, according to Girth in her best southern drawl, ''Marjorie, wehaveoneaimhere: thatyoube happy." Girth added, "that's a refreshing administrative approach. Describing her professional evolution into education, ProfessorGirthexplained that she had intended an international diplomatic careerbut wassidetracked by privatepractice, which she had no intention ofdoing. From private practice Girth went intoresearch, not intending to go into education. '' It was a time when afemale could work in thelaw school, in the library,ifyou had librarian training,'' said Girth in atone that didnot diminishthe efforts oflibrariansbutclearly showed how unacceptable the situation had been. Afterashortterm as Associate Dean at ÜB, Girth had no intentionofbecomingdeanofalawschool. "Along with deanofthe medical school, those twojobs are the toughest at auniversity because ofthe combinationof dealing withprofessional faculty and a university administration," said Girth. However, Girth'scareer path has once Professor Girth, the first woman to receive tenure at UBLaw, leaves for the warmerclimes of Georgia. Photo: Michael Radjavitch again turned her toward an area she felt she could dowithout. Her goals for the student body include an environmentwhere students feel 'creating ' consistently well served and the faculty is encouragedtoproduceaconsistentlyfinequality product.'' ProfessorGirth was careful to statethat sheisn 'tleaving UBso much as going , to GeorgiaState, "I veenjoyed the students at this university. In fact onereason I agreed to go to Georgia State is thatthe students there remind me ofthe students here at ÜB." The law school is approximately ten years old and theopportuniry to provideherguidance at such a critical stage in educational development has proven to be too much ofa temptation to working a few years then moving on due to Professor Girth. Girth described her educa- financial demands ofgrowing families, quest tional philosophy that "law schools should forstatusandinsistentdebt. "Rhetoricoutruns encourage thekind ofcurriculumdevelopment reality when commitment to public service is concerned. The students here have a dedicathat is forward looking and notstatic.'' Pro fessorGirthpointed to thepresenthigh-profileof tion to public interest work," but a lack of environmental law and international law as support consistently prevents continued eftwo areas that werebudding in the 1960sbut forts amongsta majority ofstudents. Dean Filvaroff commented that, haveoutgrownexpectations during the 1970s and 1980s. Girth'sprediction forthefuture is "Marjorie Girth's departure is a significant that schools will have to expand their treat- loss to the law school. Her contribution as a ment ofwhat shetermed "ElderLaw," which teacher, scholar and colleague are manifold. is experiencing considerable growththrough Wewillall miss her,and ofcourse, wishherall the very best in Atlanta." One law student demographics but notreceiving commensurate attention in the law schools. commented thatwithGirth'sdeparture, "contract law at this school has essentially been Commenting on the trends in legal edueviscerated. I'mupsetthatthisschoolis losing cationshe findstroubling,ProfessorGirthcautioned against too much reliance upon comaprofessorofhercaliber. She'saprofessorwho putersearcheswhendoingresearch. Since the isrespected by the entirestudentbody. That's nature ofthe computer search is to conduct as rare. Too rare." narrow a search as possible to prevent too many Professor Girth has always been redocuments from being retrieved itconstricts spected forher integrity,consideration ofstuthe creativity ofthe reasearcher. "You are dents, dedication, and quiet sufferingoflessdoingresearch according to assigned labels than-dedicated students. Ironically, it is for developedbysomeoneelse. Thisimpactonthe thesereasons that she has beenrecruited and will no longer grace the halls ofÜB. legal profession may not be beneficial,'' explained Girth. The computer search shouldbe used to augmentan individual's research but notcontrolthescopeoftheproject. Inaddition, Professor Girth expressedregret that the finanCongratulations cialrealitiesoflaw school produces a considProfessors Girth and erable debt on the graduate, diminishing the appeal of public interest work. "While our DelCotto!! students are in school thereis a commitment, There will be a wine and by many, to public interest. But the combinacheese party in their tionofdebtand therepetitive nature ofpublic interest work creates a gap the students aren't honor on preparedto meet," saidGirth. Shecommented December sth (First that public interest work, while of extreme importance to the individual who needs aid, Floor Student Lounge.) has a high "burn out" rate with attorneys November 25,1991 The Opinion 11 �Recreation and Intramural Facilities Survey & Comments I ast week the SBA conducted an informal survey ofthe student body to determine usage oftherecreation and intramural facilities located at Alumni Arena on the North Campus and Clark Gym located on the South ('ampus. Eachmailbox was stuffed with acopy o fthe survey reproduced below on Thursday November 7,1991. The survey ended on the following Tuesday at4:oop.m. Obviously thereis no way to ensure that no one "stuffed" the depositbox either waybut the results ofthesurvey should provide this Board with some raw dataas to roughly how many people usethegymand thefeelings ofthestudent bodyregarding the use ofrecreation and intramural facilities. Our survey, when coupled withthe results ofthe survey conducted by R & I during the last week of October, will giveusafairly accurate picture ofhowmany law studentsusethefacilities and COMMENTS: What follows is a survey ofthe comments madeby thoseresponding. YESComments 1. Don't cut the funds you out of shape &% As#**(( 2. $4 per student is virtually nothing in comparison to thewonderful opportunities that may await eachand every law studentthat may meandertoAlumni Arenaor Clark Gym. Youcan work out or simply watchthe babes doaerobics!! Don't giveus the $4 backand don't use it for those Federalist handouts. 3. The use of the facilitieshasbeen a big plus in an otherwise "no frills'' education. A good sanity preserver too. 4. Are there any organized law school intramurals? Basketball, Softball etc. 5. Ibelieveweshouldsubsidizeuseofß.ee. Equip. 6. All Law Students should be forced to exercise, preferably for credit. 7. Igo6x/wk. 8. I always see law students at Alumni when I'm there(3-4x/wk) Even ifyou don't get much ofa response fromthis survey, I know that law students use both gyms. 9. We don't need another separate fee, SBA shouldpay forthis! 10.Therecreationalfacilitiesarea Vitalpart of the Law School atmosphere and should be funded accordingly. 11. IfSßAdoesnotpay thisnominalamount ofmoney. Itwillcostmemorethanlcanaffordto pay to sue Alumni. 12.1 use AlumniArena more than I dothe Law School. I'dbe very upset iftheLaw School ceased paying to the use ofit. 13.Use oftheAthletic Facilitiesisan essentialpart ofa graduate education. Theability to use thatgym freely is a very well spent investment by theSBA. InadditionLaw school teams compete actively theintramural sports, including soccer, basketballand volleyball. 14.Don'tcut funding! Please! 15.11ikemygym. Hike towork oul and then take a good steam bath. Then, without taking a shower, I get dressed and return to class.(editors comment-Worldclass Comment) 16.IliveintheGym.Don'tcut the funding. 17.Do notcut funding! 18.It is the only timeI value for mymoney. 19.1 usegym everyday and I wantto keep on using so don't deny the privilege. 2O.lusethegym 5 daysa weekreligiously! Please keep paying the$4 per student.! 21. For a schoolthis size, thefacilities are sorely lacking!!! We pay student fees for the facilitiesbut westillhaveto pay $1 for alocker even ifyou are going to sue it only for an hour or so. If you wantto use theUniversal equipment youeither haveto rent a key forthe day (. 50) oryoupurchase one for $5. Where are activitiesfees going? 21,CleanitUp! 22. Please getrid ofFee. 22. The decisionto charge for lockers is not awelcomeone. 23. Howmany timesIgoto the gyma month dependsontheamountofschoolworklhave. The numberlhavecirclesforquestions#3ishowmany times a monthI would liketo go. 24. SA shouldnotbeallowed to arbitrarily raisetheLawSchool' s contribution/All students undergraduates or graduate shouldpaythe same, whether or not they use thefacilities more or less thanothers. 25. Use ofathletic facilitiesis very important, besides being one of the only services we get at UB- please continue to provide access. 26.1 do not wantto haveto payeach time I go! 27.1 only gothere whenI can't gohome to use my ownweights and exercise equipment. 28.1 hopethisreally is a surveyand notan attempt to getrid ofthe Alumni fee in aneffort to save a nominal amount ofmoney. Alumni Arena is the only good thing about going to UB Law School in terms ofvalue. We get shortchanged in memo in the back ofyour mind for the beginning ofnext semester. I hope to have more to report atthe meeting as I am meeting with the R&lBoardofDirectorstoday all :30p.m. See you at the meeting. RESULTOFS HE URVEY: alllaw students. 8. Keep ourpayment the same or less! 9. lam a memberofthe V and do not use campus facilities. 10.Although I don't use thegym now it is nice to haveitavailable. 11.1 don'tuse itat all & never will. I'dmuch rather the $4 be allocated to a more critical area, such as libraryhours beginning before 8:00 am or morecomfortableclassroomseating, etc... 12.Absolutelynever, I wantmygoddam $4 back! 13.Although I don't use thefacilities often I likethe factthatIcan use themwhenI want. lam reasonably athletic (i.e. I swam competitively in college)and knowing thatI can get in and use the pool anytime isa great comfort. 14.Note-Iwouldprobablybem oremc 1ined tomake use ofthe facilities ifl werenotcommuting from the Southtowns (25 miles). After class & work I do not come backup to Amherst. 15. Commute to UB from Rochester. 16.No time.always studying ordoingsomething related to O'BrianHall. 17.1endorseuser fees why shouldI ha ye to pay to subsidize other people'scost ofgymfacilities. 18.1fyou cansave money-mymoney-then I'm in favor ofyour doing so- irrespective ofthe service ifitis otherthaneducation in (squiggle). 19.We're paying $4.00! Gosh! 20.Good idea.Let's put this money elsewhere. 21. Though I don'tcurrently use these facilities, I wantthemtoremainavailable tome-please continue to pay. 22.Neverbeento the Gym. Don't know where it is. Send my $4.00 Back. 23.1haveneyerusedanyofthefacilitiesof the gym. 24. Although I myselfneverhave the opportunity to use theR & I facilitieshere I think it wouldbea bigmistake torestrict theotherstudents' use. $4 is not that much for everyone to pay. 25.1 used to use it,but it was always overcrowded and times inconvenient, particularly the pool. 26. NeedbetterPool Hours. YES-196 1. Did you use the Gym at all? NO-22 Ifyes,whichgym(s)doyouuse 2. ALUMNIARENA-182 CLARK-i 3. How many timesper monthdo you go? 1 time -U 2 times 2 3 times -1 4 times -19 5 times -2 6 times -Ifi - 7+times-122 4. What isthe purpose ofyour visit?check all thatapply Jogging<8 Pool- SL Volleyball12 Racquetballfi Aerobics8 Intramural: BasketbaUM Hockey2 Softball2 5. Length ofVisit? 1/2hour orless 4 . 12 other than staying at thertatus quo. I know this is a lot to handle at this time ofthe semester and realistically I do not expectyou to doallofthese oreven any o fthese things this semester. But please keep this how often law students use the facilities. Irecommend that each ofyoulook at theresults, read the commentsofmany o fyour peersbothproand con, study theresults ofR & I's survey which I will get to you as soon as I receive itand talk to your constituents. Secondly Irecommend that wehave atown forum on this issue next semester tohear the viewsof the students. Lastly we must consider the possibility ofareferendum to ratify any action - M t by Herbert yo3&n \f. 4 withthe opportunity touse AlumniArenaand Clark Gym. Perhaps the SBA should try to organize things for law students to do there- we are not the most fit groupofstudentsyou couldfind. And as they say you can't have a healthy mindwithout a healthybody! P.S. I do not watchthe so-called '' babes'' do aerobicsnor doI support this activity. 2. Ifindividualswanttousethegym,they shouldpay a fee. All studentsshould not beforced to pay for thefew people who use the gyms 3. Thosegyms are simply too foraway and too crowdedwith undergraduates. Asour society becomes more health conscious we need more athletic facilities thatarecentrally located. 4. Because the weightroom hereis usually overcrowded I go to a private gym offcampus. 5. I used thegym 1st semester, butfound thehoursfor the pool inconvenient & the weight room overcrowded. Also, I live downtown. 6. Why not an exercise/weight room in O'Brian Hall? It would provide a place to get exercise without havingtojourney forhalfanhour toan overcrowded gym? 7. Eventhough I do not usethefacilities I am willing to pay my share so that they are opento , //?<£ J*/-* 0/?<S> jW "Tnmy opjnhn,yc*4 JMsf con f teeter fee simple absolute. IIjLF7 U*»L_J mM _ ty I "If free speech offends y<sw, +hen FUCk OFF] 11 The Opinion November 25,1991 f( Mens reg? Yes way I" ,1 " * " *^^S£m& ejgj^P^ <* ~~\ ", "Nqlisenze causes I'm sorry to say." uwvL/ \ \i / // &'/ / f# 25~6- CONTRACTS Shirley Rtshshead (Witt-TORTS y tj" f . /\\ IH\ Ly®) OurntfßS CONDENSED LEGAL _// )m PROPERTY Charles Foxmasher \ . presents CJ~( # {88 Jr hearsay, butnever knew 5 . by jSA?C «nere>sc,ruleapms+ 1 Publications , /Jf I #3/7-£VIDrVC£T> 1 4Z 44 VoUeybaUSoccer- everything else. Leave us our superior athletic facilities for $4, please. 29. Ruinmy unlimited use ofthe facilities and I' 11be very depressed 30.1don'tgettothegymorpoolhereatthe University as oftenas Iwould likewhenI use my localCommunityCollege facility-1 pay 52.50 with my U.B. card When I go to a private pool I pay $5.00 each visit. $4 per student for the entire semester would soundlikea whaleofa deal to me and a privilege I would hateto lose. 31. Pleasedon'tsever ourtieswiththe gym. I could not affordto pay on my own and thegym is my source ofrelaxation! 32. Whateveris fair is what weshouldpay. 33.1t'sworth$4a personfor the use ofthe gym & tomake us acohesiye part oftheuniversity. 34.Youbetternottakethisawayfromus. Or you will never hear theend ofit! 35.Keeppaying! NO Comments: 1. Whileldon'tworkoutinAlumniArena becauseitis always togcrowdedI doparticipate in theIntramuralprogram. I donot believethatpaying $4 perperson is unreasonable-infact I believethat theSBA shouldcontinue toprovide law students A<SOtWr g> WeightRoomBasketballExercise EquipSteamRoomStairmaster- f( f\ sfahJsfor dori-r ask why." /i?%~L <M B w ///»/ �An Interview with Professor Jeff Blum Q:What hasbeen happening withyour litigation against the university? A:Therehasn't been any answer yet in either court. But there are motions to dismiss the complaint. Q:On whatground? A:For being too detailed and too vague at the same time. They'reusing Rules 8(a)(2) and 8(e)( 1),things we don't usually botherto teach in civil procedure class because courts don' t like to wastetheir timegettinginvolved with such trivialities. Q :How is it possible fora complaint to be too detailedand too vagueat the same time? withthecritical legal studiesleanings ofmuch ofthe faculty. A:Yes, but the problem exists on two levels. Most basically, it's aproblemofinter- personal dynamics. Mostofthesenior faculty have grown accustomed to passively taking directions from Schlegel. So whatever ideas Schlegel has—brilliant, wacky, purile or whatever—are what the law school is going to get. That has been going on for quite a while. It is how we wound up without a real writingprogram. Q: You said thereare two levels? A: On an intellectuallevel, the problem . "Butthen when the Assistant Attorney General, Douglas Cream, took over, the focus came to be on trying to make things as difficult as possible for me." ProfessorBlum discusses hislegalproblems. Photo: Michael Radjavitch A: Anythingispossibleinanattorney's imagination. Q:Do they really expect to dismiss the complaint withthis? A:I doubt it. I think their purpose is mainly to cause delay. They're using the motions to dismiss as a frailexcuse so they can also moveto stay discovery. They 'reprobably hoping that the judge will just sit on all the motions and they can forestall discovery that way. is one ofgoingoverboard withsome tenetsof legal realism; We try to be radical by being extreme in our rejection of traditional legal education, but all this does is victimize the students. Ironically,our studentsseem tobe in theprocessofbecoming partofa fast-growing, highly educated economic underclass, and all theseleftist faculty can thinkabout is theirown status and salary, as well as their academic gamesmanship. Q: What do you mean by "a highly Q:Have you thought about going after educated underclass? themwithßule.il? A: Well,people areobviouslybrightand skilled;they'vebeeninschoolalotofyearsand there are very few jobs. And it isn't clear how eventually. quickly this will change. Q: You'vealsohadachangeofjudges? Q:You believe the current changes in A:ln federal court Judge Curtin trans- research and writing at UB may make things ferred the case to Judge Skretny. worse? Q: Why doyou thinkthathappened? A:lt seems likely. I'm really torn. On A:Probably because his docketis very the one hand, I don't want to be in the position crowded and afterlooking at the complaint he ofinciting students. I know that would bebad sawthis wasa very messycase that implicated for my legal case and possibly bad for irying to a number ofpeople he was friends with. get future teaching jobs. Onthe otherhand, I Q: Doesthe changeworry you? think, what if I'm successful in the litigation A: Ihave occasional paranoid moments, and have things under control, but don't try to but onthe wholeit doesn't. do anything about research and writing and Q: What makesyou paranoid? things stay like theyare. Then I suspect we' 11 A Judge Skretny isreputedto bea' 'sohave onerich yuppieand 260 students who are cial conservative.'' Thisraises fears that he onlymarginally employable-at best. could have certain types ofprejudices, and that Q: Youmentioned faculty's "academic hemight notbe as big on freedom ofspeech as gamesmanship." What doesthat mean? mostliberaljudges. On theotherhand, conserA:lt's mostly to help themselves feel vatives usually care aboutlaw as an institution superiorby victimizing otherswho don't share and see it as a positive ideal. An honest theiroutlook. It'salsotogetridofanyonewho conservative will be aghast at the thought ofa throwsawetblanketover the party by showing law faculty that sees extreme cynicism about that peoplehere really are not brighterthan the law as mandatory forpromon'on—becausethey more highlyrecognized liberallegal scholars confuse it with intellectual superiority—and they condemn. one which puts its cynicism into practice by Q:So you feel Judge Skretny's most conducting itselfinternally inadefiantly lawcrucial role is going to be in deciding whether lessmanner. to let discovery go forward? Q:ls that where weare withUB now? A: Yes,once the truth gets out I' UprobA: Yes, as wellas being wantonly disre- ably have a very strong case thatshould settle gardful of students' futures and immediate pretty easily-or elselead to apretty spectacuemployability. That should bother Judge lar trial. Skretny too, and make him notwant to sweep Q:ls this why they're trying to avoid things under therug. discovery? A :It' sbest to let them get way out ofline before you do that. I may get around to it Q:ltakeityou'vebecomedisillusioned A:Probably. Ithinkthey'realsotrying to demoralize me by making me think the law doesn't matterbecause the powers that be can always rig things so the truth doesn't get out. Q:Are there other ways that they're putting pressure on you? A: Yes, the moves for delay are accompanied by their making it difficult for me to apply forteaching jobsat other schools. Q:Whatdo-you mean? A:For reasons explained in the complaint, it is much easier to apply forjobs atother schoolswhen youhave aplace to comeback to. Itmakeshiringyoulessofarisk. KenJoycehad thought they wouldbe offeringthatadditional year justas a way ofmitigating damages. But then when the Assistant Attorney General, Douglas Cream, took over, thefocus came tobe on trying to make thingsas difficultas possible forme. Q:Whatare you going to do? AJ'vemoved for a preliminary injunctionrequiring President Greiner to guarantee me an additional year of teaching contract after this July. Q:Are there otherthings you've moved for? A:Yes,an order enjoining defendants from taking anyretaliatory actionagainst any studentfor supplying truthful informationto the court. With the gag ordersand the faculty statement and all, there's an atmosphere of intimidation thatmakes a number ofstudents feel theircareers could be jeopardized if they speak out. I've had several students who've witnessed some ofthe defamation say they would like to provide me with affidavits but they're petrifiedabout being identified. Q:Do you think your problems stem mainly from thingsinside thelaw school or is the universityadministration involved? A:lnitially I think it was inside the law school, mostly Schlegel trying to sustain his cult leader status by demolishing any junior faculty whohad outside contacts and showed independence. But I think at acertain pointhe mayhave enlisted Greinerand Provost Levy as away ofguaranteeing therewouldn'tbe dissentamong faculty. Hemay have done thisby telling Greinersome thingsabout methat were false. That may have been the source of Greiner's son goingaround toalumni and telling them I was "ahorribleCanadianprofessor who spends halfofevery class talking about marijuana." Q :Is this whatmakes you think the centraladministration might be involved? A:That and other evidence in the back fifteen pages ofthe complaint. Also, I knew David Filvaroff when he first got here. He seemed to be someone with integrity who reallybelieved in freedomofspeechand wanted to make the law school a better place. Something seemsto have broken hiswill and made him give in to the whole Schlegel routine. Pressure fromabove may havebeen it. Q:You hope that discovery will enable you to sort all this out? A:Absolutely. The worst thing forthe law school and university would be to let everythinglinger so wewouldhave thisstench ofcorruptionandcoverup. Rightnowl'minan uncomfortablepositionofpublicly insinuating thatihe University President and Provosthave behavedcrookedly,butlhaven'treallyproved it. I'dlike to do thediscovery, getto thebottom ofthingsand eitherprove theirinvolvement so they can vacate theirpositions, orelse make a kind ofpublic apology and help to clear theair. Q:Are these thingswhere Dean Filvaroff could shed some light? A:Yes, and I suspect he might once we getto depositions. So far he has been made to look awful, a kind ofincompetent fraud who doesn't have thevaguest ideaof what a university is supposed to be about. If it turns out he wasacting pursuant to pressurefrom above and he messed things up becausehefeltbadly about what he had to do, then he starts to lookmore sympathetic. Once he is forced to testify we may see a new kind ofDean emerge, a John Assistant Attorney General Cream Discusses Lawsuit , Motions by JolinB. Licala, Editor-in - Chief Professor Jeff Blum's lawsuit against SUNY-Buffalo claiming violations of his First and Fifth Amendment rights under the United States Constitution by the faculty and the university administration has been transferredfrom JudgeCurtin's docket in federal court to Judge Skretny. Judge Skretny has assigned the case to a magistratewithahearing scheduled for December 6,1991 tosupervisediscovery. On December 9,1991 Skretny will hear argumentsregarding defendant' sRule 8 motions(regarding thelengthandclarity ofßlum'scomplaint). Blumhas several motions before the court including a Rule6s(a) motion which wouldguarantee Blum a one-year contract to mitigate damages and aidhisapplication to other schools. Blum's co-counsel is James Ostrowski, Esq., aUBLaw graduateand well published libertarian critic ofthe national drugpolicy. Mr. Douglas Cream, Assistant Attorney General representing named defendants SUNY-Buffalo, Dean David Filvaroff, former Associate Dean John Henry Schlegel, President William Greiner,Acting Provost Levy, DeanAlan Carrel, Professors Elizabeth Mensch, AlanFreeman, Charles Ewing, and John and JaneDoe, said, "Blum's inexperience in litigation is obvious from the many errors in his pleading. The claim doesn't meet minimumrequirements of civilprocedure." Mr. Cream cited several fundamental errors ofcivil procedure in Professor Blum'sclaim. "Blum's inexperience in litigation is obvious from the many errors in his pleading. The claim doesn't meet minimum requirements ofcivil procedure." Among his examples Cream pointed to Blumnaming New York Stale as a defendant in a federal court(a violationoftheEleventh Amendment granting states immunity from suitma federal court), naming individual defendant's in a New York CourtofClaims whichhas no jurisdictionover individualsand seeking relief for a United States Constitutional issue ina courtthathas no competence overfederal questions. "TheEleventh Amendment immunity is as basic as it gets. The defendants are doing nothing morethanapplying the Federal Rules and the U.S. Constitution to the complaint initiated byProfessor Blum," explained Cream. Commenting upon the allegations of delaying discovery and making things difficultfor Blum, Cream responded that, "These are perfectly normal, everyday motions to make. Professor Blum may characterize his ignorance any way he wishes, but these are not delayingtactics. These are requests by thedefendantsthattheCourtofClaims review the complaintandapply the proper jurisdictionalrelief.'' Mr. Creamlimited hiscomments to the pending motions. "I don't think it's appropriate to argue a case on the radio or in press releases. I think the courtroom is the appropriate forumand that's where I'll argue this case.'' Dean. November 25,1991 The Opinion 13 �Adoptees ComeTogether byAngela Gott Earlier this semester, in The Spectrum classified section, an adopted studentran an ad looking for otheradopted students who are interested in Forming acampus-wide group to shareand discussissues pertaining to adoption. As anadoptee, I wasamemberofanoff, campus organization called' 'Always In Me ' (AIM), whichmet in acommunityroomabove a bank in Williamsville back in 1975-1978. AIM wasfounded by an OrchardPark homemakerwho was seeking information abouther biological roots. Once adoptees learn oftheir ,status, that factis"alwaysin them. Theyare neverallowed to forget as they gothrough life. Wheneveraperson comments casually about a "family trait," the adoptee is reminded of how alone, separate, andexcluded sheis. Whenever a dentist or doctorasks family history questions, the adoptee is reminded that his history begins withhimselfand is, medically, a mystery-a mystery thatcould have a negative medical consequences. When a young adoptee is at camp or in some new situation,otherchildren or strangers may casually remark,'' Hey! You look like a kid I know back home!'' The adoptee immediatelywonders,''Could thatbe my brother? Could this kid actually know my 'real' family?' In childhood, otherkids are curious and subject the adoptee to lots ofquestions, some , ofthem uncomfortablyprobing. Alladoptees learn howto field suchquestions and take them in stride. Many adoptees havehad theirconscious- ness raised by other historically ignored and disenfranchised groups, demandingaright to know their personal heritage. When many government programsand other decisions are based onrace and ethnic origin,the adoptees have even more incentive to discover their roots. Adoption agencies could lieabout these matters and get away with it. My adoptive parents were told by the Catholic agency that they were getting an infant with Catholic parents with German or English bloodlines to match the background ofmy adoptive parents. bi-racial, older and emotionally disturbed childrenhave always beenavailablefor adop, tion but were never' 'marketed ' as alterna- tives to families which requested white in- fants. Foreign oroverseas adoptions,Korean or Latin American childrenforexample, also became popular. Meanwhile, methods to increase fertility replacedadoption forcouples who now had to create biological offspring after all. When fertility programs were unsuccessful, surrogatepregnanciesdeveloped. The biological surrogate mother does know the names, addresses,and completehistoryofthe biological fatherand his wifeand can always try tocontact thatchild oncehe orshereaches legal age. So the surrogate arrangement is , similar to the' 'openadoption ' trend. The "closed records" and "identity crisis'' affecting adoptees islargely confined to adoptees born beforethelate 1970s, when the adoption agencies radically rethought policies because oftheshrinking whiteinfant market. Many adoptees have died without learning theirroots or feeling a sense ofidentity. Many biological mothers and fathers , never learned thefateoftheir"lost ' children. I havestudiedadoption for' 'troubled or " unadoptable'' children, the throwaways, thecast-offs, the unplaceable children. I have always thought that these children, sometimes brothers and sisters ofother potential adoptees, get the worstofthe wholeadoption process. These often older siblings are separated forever from their biological parents. The youngest, more marketable ones, are quicklyplaced for adoption. In fact, having younger, potentially adoptable, siblings seems to quicken the pace of the parental custody determination which affects all of their status. The childrenare pairedoff. Manytimes, adopting parents are told that siblings should be and usually are adopted as a pair. The reality is the agencies want to get as many of these childreninto adoptive homes, orat least foster homes as quickly as possible. The oldest or seemingly more dysfunctional or more disturbedsiblings can find themselves the' 'odd child out,'' coping with the others going to ' 'great adoptive homes'' while remaining in adoptionlimbo. The books are filled withhorror stories ofkids having their hopes and dreams destroyed by a system that builds unrealistic expectations. The scramble for adoptions leaves some that don't work out or are dis- Yet,when I found my biological mother, not only was she Protestant, but her ethnic background was FrenchCanadian and SwissFrench. My biological father, he was also Protestant and Scottish-Irish. I have an olivecomplexion that my parents always wonderedabout. In 1976,many Americans went "patriotic '' and didextensive family tree searches. Everyone seemed preoccupied with tracing their root and family history. This affected adoptees, and groupslike Orphan Voyageand rupted, adoptions that become apattern for Adoptee Liberty MovementAssociation beunwanted rejects. These sibling lose all gan to organizenationally. Birth parents began contact with the youngest, more adoptable to organizeand Concerned United Birth Parsiblings and rarely see orcommunicate with ents (CUB) wasformed to support those who oneanotherbecause they end up in other states , wanted to find theirlost ' children. and little is done to promote the prior sibling Adoption agenciesalso began tochange relationships. The original family is detheir policies at thistimeandthe "open adopstroyed while new families are created and tion ' movement came about. Open adoption siblings are forced into new names and enallows the birth mother to have a role in the couraged to forget about theirtiesto the past. selectionofthe adoptive parents. She can see I would be interested in hearing from pictures ofthem,read theirfamily history,and and meeting any adoptees who came out of perhaps even meet and interview them. She these legally destroyed family situations, but can write a letter for her child toread at age 16, I think that primarily the' 'preferred baby" request that her identity be available to her variety ofadoptee is going to be in our univerchild at age 18, or provide for other matters. sity community and our student population. With the legalization of abortion, the So ifany ofyou are interested in joining our increased use ofbirthcontrol,andthe introduc- new group ofadoptees, eithergiveSteveacall tion ofsex education in the schools the number at 636-4407, orputanoteinmy box (#394), or ofwhiteinfantsavailable foradoption began to leaveamessage on my machine at 832-3581. dry up. Asthe numbers decreased,the demand for these infants increased. '' Special needs," , Opinion T h e Modernizes Production by VitoA. Roman, Layout Editor Up until two years ago, the responsibility of'typesetting"and ' 'laying-out ' the news copy ofThe Opinion was entirely in the hands of a printer. The editorial staffsrole in the production ofthe newspaper was limited to paring downstories to their final typewritten form, and then submittingthem to the printer along witha " dummy.'' The "dummy" served as the printer's blueprint, showing on which pages the Editor-in-Chief wanted the printer to "lay-out" each story. Theprinter, however.often found that after typesetting the copy, i.e., retyping the stories into columns ofwhatever standard typeface theprinterused, the' 'dummy could no longer befollowed. Eitherthe storywastoo long, too short, did not fitonto the page allotted for it, or fitbetter on another page. In order to produce the newspaper, the printer would have to deviatefrom the ,, editor's "dummy, and perhaps even shorten some stories as well. Since these last minute ' 'editorial' ' decisions weremade withoutthe knowledge or consent ofThe Opinion editors, the printer, inessence, became an editorby default. The newspaper's Editor-in-Chiefmay have decidedwhat "copy" should print,buthe or shedidso withoutactually knowingwhat' 'copy" could print. Only theprinter knew what could actually print. Now TheOpinioneditorsdo know exactly what canprint,beeausenowthe newspaperisproducedentirely in-house. , Spring Drop-Add to have New Courses, Procedures by Barry Boyer, Associate Dean When upperclass students return for the Spring semester, they will find several new courseofFeringsinthecurriculum,andaprocedural change designed to take same of the aggravation out ofdrop-add. Five courses have been added to the upperdivision offerings since the preregistrationmaterials were printed. Criminal Procedure will be taught by Erie County District Attorney Kevin Dillon on Mondays and Wednesdays at 6:30-7:45 p.m. In addition, Professor Paul Birzon will offer a section of Evidence on Tuesdays and Thursdays in the 8:00-9:15 a.m. time slot. These two courses will help fill the gaps created by departing faculty, and make it possible for students to pursue more advanced work inthese fields. In the commercial law area, Sales returns to the curriculum this Spring. It will be taughtby Edwin Wolf, formermanaging partner with the firm ofFalk & Siemer and past Executive Director of the Buffalo Philhar- monic Orchestra. The Sales course will be designed to complementrather than duplicate the coverage ofPro fessor Buckley's course in Sales and Secured Transactions. It will meet onMondaysandWednesdays from 12:30-1:45 pjn. ...Female DAs continuedfrompage 3 wrongly accused and children are very sug- home. One thing is certain. This experienced gestible." and highly successful trial attorney with a Sex crimesis also an area wherethe commanding presence won't be given any burnout rate is high. After almost a year and more dog murdercases. analfinC A.A.R., Adams hasseenagood deal of grisly cases and that takes a toll. She is starting to think about which bureau in the D. A. 'soffice she would next like to make her 14 The Opinion November 25,1991 The production changes began lastyear, when the editorial staffstarted taking thenewspaper copy and' 'dummy" tothe offices ofThe Spectrum. ÜB's undergraduate newspaper, before takingthem to the printer. At The Spectrum, all the newspapercopy wouldbe entered intoa Macintoshcomputer. Then, using adesktoppublishing program,the storieswould beconverted intocolumn form, and laid outontheirrespectivepages. Any variations fromthe dummy' weremade on the spot, as the editors looked at the pages ofthe newspaper onthe computer screen. Finally, when the editors were satisfiedwiththeresults, the newspaper wasprinted outon a laserprinter, pasted up on artboard, and sent to the printer ' 'camera-ready.'' The printer simply printed the newspaper as itappeared on the artboards supplied. No more silent editing was involved. This year The Opinion acquired its owndesk-top publishing equipment. The editorial staffno longerhas to go to the undergraduate newspaperoffices to lay-outthepaper. Instead,itisdoneright inO'Brian. Furthermore, sincetheequipmentisIBMbased, stories written inany one ofseveral popularword-processing programs can be enteredinto the computerright from astudentcontributor's own disk. Moreover. TheOpinionsaves anestimateds6oo.ooanissueonproductioncosts, and long agorecouped the cost ofthe computer system needed to producethe paper in house. Magavern. Professor Schofield has been a frequent lecturer in theLaw School's Cana- dian-American Studies Workshop. Thisclass will meet Wednesdays from 3:30 to 6:00 p.m. More detailed course descriptions and registration numbers are posted near the A & R window,and fliers containing therelevant information will be put in student mailboxes several daysbefore drop-add. On the procedural front, the two key dates for drop-addwill be Thursday.January 9,when general drop-addbegins,and Monday. January 13.whenregistration forTrialTechnique is opened. In the past, students have tried to maximize theirchances ofgetting desired coursesby "camping out" in thebuilding the nightbefore drop-add. Thishas not onlybeen unpleasant forthe students involved; ithasalso caused seriousmaintenanceand safety problems. In order to reduce these pressures, we haveasked maintenanceand campus security to enforcethe normalbuildingclosing hours on thenight before drop-add. Thebuildingwillbe secured byaround 10:00p.m. thenight before, when the cleaningcrews leave, and re-opened at 6:00 a.m. the nextmorning. Students are not authorized to be in the building during these times. (We also stronglyadvise against waitingoutside the doorsfor6 a.m. opening, since the Amherst Campus is not the warmest place intheJanuarypre-dawndarkness). TheA&R windowswill openby 9:00 a.m.on the drop-add days. With the additional courses we have been able to add, there should be fewer problems in finding an agreeable selection of courses. Good luck to all of you on your fall semester exams, and have a happy holiday Students interested in international law will find two new seminarofferings. Mitchell Silk, who has studied in Taiwan and Beijing and is currentlypracticing international law in New YorkCity, will offer a seminaron Reform and Foreign Investment in the Republic of China. The seminar will meet on Mondays from 9:30 to noon. A second international offering.Cross-Border Business in theFree TradeEra. will betaught by Thomas Schofield, season. amember ofthe Buffalo firm ofMagavem & �The Docket Bar Review Aid For 3L's In order to increase the success o fUBLaw students in passing the New York State bar exam this academic year, the administration is offering a bar review program in conjunction withthethree majorbarreview companies. Bar/Bri, Marino, and Pieper have agreed to provide substantive lectures taughtby real lecturers, not tapes. The program will impart substantiveknowledge and provide exercises for answering multi-state questions, and techniques forwriting essays. Thelectures will be fourto sixhourslong and will occur on five Saturdays and one Sunday during thefirst halfofthe spring semester. Theschedule is as follows: Date Sponsor Subject Torts 1/25/92 Bar/Bri 2/1/92 Bar/Bri Corporations Property 2/22/92 Marino Contracts Sales 2/29/92 3/1/92 (Sun) Domestic Relations 3/21/92 Group Pieper Pieper Marino After a deal great be finally Directories! of receiving Look mailboxes. administrative delays, Law School UB our for them after Student Thanksgiving. I \\ Twice during November a man has passed obscene notes to women studying in Law Library carrels. The man is described as white, in his early 20's, between 510" and 6' tall, light brown hair, wearing a white shirt, tie, and baggy trousers. Please report all incidents ofsexual harassment in thislibrary totheLawLibraryDirector(Room2oBbehindtheßeferenceDesk) and to Public Safety (636-2222). Thankyou. IfII Vi V. I II IIJ tf , 3:00-9:00 Conference Registration, O Brian Hall Istfloor. 3:45-4:00 General Welcome: Moot Court Room. 4:00-5:45 Panels Running Concurrently: CANADIANFREETRADEAGREEMENT: EVTERNATIONALENVIRON MENTALLAW 7:00-9:00 Official Welcome. Keynote speaker: Moot CourtRoom. 9:00-11:00 Reception, Kivareceptionarea(Baldy Hall). SATURDAY 7:30-8:30 Continental Breakfast, Kivareception area. 8:30-10:15 Panels Running Concurrently: FAR EAST: INTELLECTUAL PROPERTY 10:15-10:30 CoffeeBreak: Kivareception area. 10:30-12:15 Panels Running Concurrently: PUBLIC INTERNATIONAL LAW CENTRALEUROPE: 12:15-1:30Lunch: A listofnearby restaurants is provided in theRegistration packets. 1:30-3:15 Panels Running Concurrently: LATINAMERICA: EVTERNATIONALCREVIINALLAW 3:15-3:30 CoffeeBreak: Kivareception area. 3:30-5:15 Panels Running Concurrently: IMMIGRATION: ROUNDTABLEDISCUSSIONONEDUCATION 6:00-7:30 Dinner atCenter forTomorrow (Separatecharge). 7:30-9:00 Final Panel: INFORMATION ON OPPORTUNITIES ININTERNA TIONALLAW 9:00-12:00 Open Reception with speakers attending (Center for Tomorrow). CALL FOR PAPERS "FEMINISM INTHE 90s:ANINTERDISCIPLINARY PERSPECTIVE" Apri125,1992 TheGSA Women's Coordinator, SUNY-Buffalo is currently seeking papers from all disciplines addressing theroleoffeminism as a political movement in the 19905,and the applicability offeminist thought in analyzing current events. Suggestedpanels: Feminism and democracy Thanks to expertise system. up. Mark Paley in repairing for his dedication and The Our computer had Opinion computer fallen and couldn't today. ÜBWOMEN'S CENTER Committee Meeting Come and present your ideas fora new UB Women' sCenter. We need to discuss funding, coordination, programming, etc. Monday, December2,l99l 5:00 pm 206 Talbert Hall Formore information: Tracey Sedinger GS A Women's Coordinator 103 Talbert Hall SUNY-Buffalo Buffalo.NY 14260 636-2960 LAWSCHOOLCOMPUTER LAB HOURS Post-Feminism? Length ofpapers: twenty minutes (8-10pp.) Deadline: January 15,1992 Please send papers or abstracts (three copies) to: Tracey Sedinger GSAWomen'sCoordinator 103TalbertHall SUNY-Buffalo Buffalo.NY 14260 Nov. 29 Fri 12pm-Bpm Nov. 30 Sat 12pm-6pm Dec. I Sun 12pm-6pm Feminist analysis in cultural studies Multiculturalismand feminist theory get Without Mark we would not be functioning Nov. 25 Mon 9am-9pm Nov. 26Tue 9am-9pm Nov. 27 Wed 9am-6pm Nov. 28Thu Closed (716)636-2960 will we Students: INTERNATIONAL LAW CONFERENCE: "THE INTERNATIONALIZATION OFTHE LAW" TENTATIVE AGENDA FRIDAY your Watch �New York Bar Review Course Summer 1991 Enrollments isBBIi! Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-11-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/25/1991 Bibliographic Citation A bibliographic reference for the resource. 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Muhammad , Kenyatta s prophetic life is a message to all that share his memory. Born in 1944as Donald Brooks Jackson, Pro f. Kenyatta had no aspiration to become a lawyer. As a child raised in a small, racially segregated industrial town ofChester, Pennsylvania, Kenyatta had no idea of what a lawyerwas. Hewasbornintoapoorhomeand attended a physically inferior all-Black elementary and juniorhigh school. However, evenat theageofl4,hewasknown as the"The Boy Wonder Preacher and he spoke nearly every Sunday at his uncle's church. He also spoke to women' s organizations on "The Negro in America: TheUnfinished Dream and other civil rights issues. After high school, Kenyatta attended 1944:Bom Donald Brooks Jackson in Chester, Pennsylvania 1956: Called to the ministryat age 12 1960: Attended Lincoln University 1961-62: Entered the U.S. Air Force, assigned to Altus Air Force Base, Oklahoma 1962-65: Attended Williams College, Pennsylvania 1966: Moved to Mississippi to attend Tougaloo College and became involved in the civil rights movement; changed his name to Muhammad I. Kenyatta 1966-69: Editor for the Freedom Democrat and the Mississippi Independent for the Mississippi Freedom Democratic Party 1966-67:Community Organizerof the Child Development Group ofMississippi (OEO-Headstart). 1968-69: Coordinator andTrainerof the Southern Cooperative Development Program, Mississippi 1969-76: Executive Directorofthe Black Economic Development Conference, Lincoln University in Pennsylvania for one year, but when he could no longer afford to continue hiseducation, hejoinedthe Air Force at age 17. In 1962,he attemptedto continue his education at Williams College in Williamstown,Mass. However, whenheheard reports ofthecivilrightsmovement in Mississippi, he felt a calling to participate in the growingcivilrights movement. He left Pennsylvania and moved to Mississippi with his wife, Mary, and enrolled in Tougaloo College. It was then that he chose the name Muhammad I. Kenyatta to honor great religious and black leaders. His first name pays homage to Muhammad, the prophet ofIslam, and Elijah Muhammad, the Black American religious leader; his middle initialis forIsaiah, the Hebrew prophet of socialjustice; and his last name is in tribute to Jomo Kenyatta, the first president of Kenya and one ofAfrica's foremost crusaders forindependence. In the late 1960's, Kenyatta joined the Mississippi Freedom Democratic Party, an organization which fought barriers to Black participation in southern politics. Kenyatta became a target of the FBl's Counter Intelligence Program, "Cointelpro" which was designed to' 'expose, disrupt,misdirect and otherwise neutralizethe activities ofblack nationalists" and radicals, according to the directivegivenby then FBI Director, J.Edgar Hoover. This characterization ofKenyatta as a "radical" was hardly fitting. Kenyatta was also a community organizerfor a Head Start Program for impoverished children and coordinated the Southern Cooperative Development Programand theChildDevelopmentGroup inMississippi. However, thiswas enough to persuade the FBI toforge athreateningletter in April, 1969purporting to befrom aTougaloo College student group. The letter, admitted by the US Department ofJustice tobe fabricated, statedthat theydeploredhis activities and ifhedidnot heed their warnings, they would "take measures.. .that would have a more direct effect. .[and] would not be as cordial as [the] note." Thinking this letter to be a death threat, he was forced to return to Pennsylvania withhis family. In the spring of 1975,it wasdiscovered to be the work ofthe FBI. Kenyatta later sued . Pennsylvania 1972-78:Permanentrepresentative to theUnitedNations Non-Governmental theFederal Government for violatinghisconstitutionalrights to freespeech. It took 16years forthe case to come to trial, however the jury ruled against him. The threat of death did not deter Kenyatta'scommitmentto socialchange. He later became executive director of Philadelphia's Black Economic Development Conference. In 1973 he attended Harvard Divinity School as aMerrill Fellow and later returned to Williams College to receive his bachelor's degree in 1981. Atage 3 7,he went on to Harvard Law School. While a law student, Kenyatta taught political science at WilliamsCoUegebetweenclasses. During his second-yearofschooLaspresidentofHarvard's Black Law Student's Association, Kenyatta fought forincreased numbersofminority students, faculty members, and administrators at Harvard. In 1988,a University at Buffalo law student, whohad attended Kenyatta' s classes at Williams College, suggested Kenyatta's name to UBlaw school'sFaculty Appointment Committee and Kenyatta was offered a position as a visitingprofessor. While at ÜB, he taught classes in Race, Racism and the Law, Constitutional Law, Democratic Theory, Civil Rights Legal History, and was scheduled to teachLegal Profession during the 1992 Spring term. Teaching in law school was a different experience for Kenyatta, but he applied the dynamics ofhis formal teaching experience, hisknowledge gained as a champion ofcivil rights and social justice, and his spirit and oratory as aminister. He had a uniquekinship with hisstudentsand si rived toreach not only their minds, but their hearts. Many students andfaculty spoke ofhischarismatic personality whichleftalasting effecton all he encountered. On many occasions he wascalledupon to represent UB Law School in the media on major issues oflaw and socialimportance and wasalways willing to giveofhimselfalthough he was suffering fromaseverecaseofdiabetes. On one occasion, he was interviewed by a Buffalo television station on a social issue while in the hospital undergoing treatment. During the earlymorning ofJanuary 3, 1992,Muhammad I.Kenyatta died at Millard Fillmore Hospital subject to complicationsof hislong term illness. Atthememorial service, Kenyatta's daughter, Luana, read from I Corinthians 13:13 which must have been a favoritescriptureofMuhammad's. Theepistle ofSt.Paulreads' 'Faith, hope,and love, these three; but the greatest ofthese islove. *' Muhammad often spoke ofthis verse showing how law should beapplied in pursuit ofjustice. He saidhe oftenpondered how totell his students about the law and why the law mattered. He would then remember what America waslike during his early childhood and therevolution ofthelaw through whichhe lived. He said, "Andthen Iknow. Imust say thatlaw.real law, isfirstandforemostalabor oflove.'' Organizations (NGO) Section 1972-81: Served as Vice Chairperson ofthe Pan African Skills Project, an international educational program involving the United States, Tanzaniaand Ghana 1973-74. Attended Harvard Divinity School as a Merrill Fellow. 1976-78: National Director of the Black Theology Project ofthe National Council ofChurchesofChrist. 1977: Theologiah-in-Residence at the College ofWooster (Ohio); taught urban studiesas avisitingprofessor at Temple University 1978- 80: Lectured inhumanities at Haverford College and directorofa community out-reachprogram 1981:Receivedhis bachelors degree from Williams College 1981-84: Attended Harvard Law School; President ofHarvard'sBlack I .aw School Students Association; taught courses in political science at Williams College 1984-85: Harvard Fellow inPublic InterestLaw 1986-87: DirectorofCommuniryPrograms,NewEngland Region oftheAmerican Friends Service Committee 1988: Visiting Associate Professor atUniversity at Buffalo Law School teachingRace, Racism and the Law, ConstitutionalLaw, Democratic Theory, and Civil RightsLegal History 1992: Died from complications of diabetes, Buffalo, NewYork " [Highlights Cheap Seats BPlLPAwarded Grant Editorials SBA Developments A Question of Libel 3 3 4 •••$ 7 �! Study with Pieper... and pass. _ I ! Pieper New \brk—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516)747-4311 PIEPER REPS. : . Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miltor t 1990 % �From the Cheap Seats GrindYour Butt Here by Michael Radjcnitdx,.PlwtographyEditor by Robert Garnsey be was notallowed rred on her own and is determined thai hi impossible-construction Aftera semester-long hiatus, the smokto asbestos problems, and locating the due childhood be a happy one, and Jane, who be b inglounge isreturning to thesehallowed halls it lieves that Didi is stunting Fred's intelleclua in be violation offirecodes. should check loungetherewould big, overpriced multiplexes later this week. The smoking lounge was displaced by the fourth floor Macintosh lab Also, the smoke from this area was drifting out at the cheap, no-frills Amherst Theater growth and who wants to enroll Fred in her school for the gifted to nurture his during the summer of 1991,and thelack ofa down the elevator shafts and into the fourth this week. Foster's directorial dewarm, floor halls of more conflict but isan modest It is this conflict be Baldy, causing intelligent, potential. replacement lounge has beenthe topicofheated between smokers and nonsmokers. At one little about a thefiercely seven-year-old protectiveDid film tween argument throughout the previous semester. fromBaldy Fred Tate(played newand the genius, by intellectually gifted bu staff wasactually point, removing Marienc M.Cook, Assistant Dean forResource furniture that smokerswould not have it comer Adam starved Jane which Hannßyrd). Byrdis emotionally the so Management,admitted that she simply didn't terrific the child the its remarkable lonely prodigy gives film fortheir useand convenience. as realize how much hardship thelack oi'a desigwhoseexistentialbroodingandconThe new LAW SCHOOL DESIGpower. nated smoking area would cause. Lackofsuch fearsofimpending There are, to be sure, some ecological SMOKING be theroom stant AREAwill in an area turned O'Brian Hall into a replica of NATED ulcers vivid flaws iughtthat until last week housed the Law School and doomgivehim in this movie- the ending Capen Hall, which is suposed to bea "smoke (the room), Bookstore Mimeo and the bookforonething, isa bit too neat am maresaboutwakingupinVanGogh free" building. Withoutaplace to lightup,the , mom, But as s store share with the mailroom Fred contrivedand it's a small film space paintings. played will in smokers inCapen simply doso wherever and To not not likely overly Foster, 305. tells the and ambitiousand facilitatetheswitch,thecopierandthe by prim hopewhenever they please; they could not be exmail meters moved to 306 to the to attract give were Jane Grierson a crowd come Oscar lessly impractical pected to move outside into the freezing bookstore more and reduce traffic. a space (Dianne Wiest), whoruns school time. Butforafirstouting,Foster's weathertosmoke. Marlene Cook wasfaced withtryingto MarleneCook'smainconcernwas the security for gifted children, Fred just wants to be a direction is amazingly smart and confident light years ahead ofEddie Murphy's. Her find an immediate solution toan unanticipated problem caused by this joint use, but she feels normalkid. else," that she tried and Fosterdoesn "really everything Thankfully, though, performance is (as usual) superb as the work-I turn problem, and was caught between what see the situation she 'didn'treally have a into cliche-ridden schmaltz given ing-class mom, and there iseven a fineperforLittle Man Tate ' termed "religious cults" onboth sidesofthe choice." The oldmimeo room was who wants to originally just about the littleboy mance by crooner Harry Connick, Jr. as a lonely issue. The obvioussolutionto theproblemwas ion to cafeteria, Instead, a sothereisadditionalvenlilat catch with the the is play guys. collegekid who befriends young Fred. All in film tomake smoking permissible in the firstfloor forpossession ofFred all, it's a pleasant, rewarding movie from a smoke, handle the and its centrallocation on aboutatug-of-war really loung. However, the StudentBar Association voted against such a solution in light ofthe the secondfloor makes iteasily accessible to between two mother figures-Didi,Fred'sreal recent remodeling which costs3ooo. Marlene all. It is 240 net square feet insizeand will be mother, a cocktail waitress whohas raised painted early this week, with furniture to be Cookhadplacedashtraysand furnitureinalowadded by the SBA. Withitsunveilingattheend traffic hall area behind the elevators on the of the week an ugly chapter in the current fourth floor, with hopes to have a wall conby JohnB. Licata, Editor-in-Oiief civil legal services within New York Slate. administration'shistorywill finally be closed. structed sothat the smokers wouldagain have InDecemberthe SUNY-Buffalo School LRAPs represent the bridge between theory anactual room fortheir habit. This proved to ofLaw' sBuffalo Public InterestLaw Program and practice by removing the economic ob(BPILP) received a $50,000 grant from the staclefrom the path oflaw studentswho have Interest on Lawyer's Account (IOLA) to be mortgagedtheir future foradegree and allowsharedwithCUNY-SchoolofLaw. ÜBjoined ing them to work in the public interest, notoforceswhhCUNYtopresentastrongerfunding riously occupying the basement ofany pay proposal. Thegrantmarksasignificantstepin scale. UB has developedan LRAPthroughits the three yeareffortby law studentsto develop a Loan Repayment Assistance Program own fund-raising effortsand withan accumulated total of $20,000 BPILP ishopeful that In arecent foray ashore I stoppedinto the (LRAP)atUB. ÜBLawgraduatesChristopher byJohnß.Licata financial services can be provided forstudents graduate Welch, Thomas and Kathleen former Captain'sLog: 1/12/92 ThirdRoom and contacted a longtimeassociassistants for BPILP, were instrumental in out-of-stalcand/or for criminal deworking Thecrew hasbeenriding therails forthe ate, MAY the Intrepid. MAY had braved the fense services. Decisions for the distrilegal the for ÜB's starting grant writing LRAP. past three daysas the binge has finally come to Arctic circle and returned with news ofthe Present assistants Jill Barr and bution offunds graduate will bemade by a committee aclose. The holiday hazeis lifting and sobriety outside worldforSunyAtbuff. Icehadclogged of Freedman, students,alumni, Michael students and faculty. The commitworkingwithlaw willreturn soon. I haven't seenthis many shades many ofthe lanesofcommunication between will tee concentrate "on assessing our desires KateCeruUi, Malone, Maura JenniferNorton ofgreensincewesackedtheEmeraldlsle. The the frigid center circleand those in the lower and tor UB goals public legal services and to proposal. and the DannyWeitzner completed JollyRogerhas been flying at halfmastas one latitudes oflife, only MAY had successfully him, developourowncriteriafor Ms. aUBLaw the Assisaward ing funds,'' Angela Reyes, A ofthe esteemed members of Suny Atbuffhas navigated these treacherous waters and for MonroeCounty, Ms.Ban Whenquestionedabout explained Attorney tant District and met an untimely fate. His death has left the emerged unscathed. She informed me that communityreeling. In thepast threeyears the without constant vigilance the inhabitants of lOLA Board Member, was' 'very instrumental specifics of criteria Ms. Barr said that the committee would determinethe details. community hashad a veritable exodusoflegal SunyAtbuffareindangerofsuccumbingtoan in guidingand supporting< uirproposal," Freedmansaid. "Essentially, we must remember the minds. Lostormissing.butlistedonthestudent entropy resembling theminds ofprimary school grant is aone year commitment. This JillBarr said the is to lOLA purposeof LRAP bulletin, are Errol the Vested Interest, Large children. "It's wellknown that SunyAtbuff represents "enable students to interest a serious challenge forUB law to practice public Marje, Good '01 Spanogle,Lou I Know New residents are withouta firm graspofreality,'' fulfill a to studentsfor thelong term,'' law withoutbeing constrained their debt by promise Taxes, Three-Ring Binder, Still not Teaching MAY told me while sheplayed a Harp. I had LRAP burden." Ms. Barr stressed that is cautionedMichael Freedman. Mr. Freedman Greiner,Victorthe Sandman, and The Grades a Harp ofmy ownbut I did not have therefined not said that financial assistance and loan students forgiveness. entering public interest areintheMailPhillips. Wildßilldescribedthe talent MAY possessed. work depending upon Students beresponsible their the LRAP funds would forrepaying will We reminisced andwithafinalcaution carnage as the hemorrhaging of our human ifthat funding was loans withthe beeconomically grant money defrayinga perstrapped resources. Whatwill staunch the flow ofbod- toward following my ownconviction MAY eliminated based the failure of UB to upon oftheloan To meet the centage repayment. ies? I imagine a hiring freeze will be in place was againonherway, travelling into theworld follow on its up obligation. forNew York shortageoflegalrepresentation ' 'Clearly a one to foster coagulation. with a clear conscience as onlythose ofpure one," benefits no Freedman year program residents, State 14% of the presently legal Thereare approximately 84names listed spirit are able to achieve. served, needs ofthe the lOLA said. being poorare as faculty oradjunct staffforthelawschool,and Captain'sLog: 1/15/92 Why do we wait for people to be dead funds are earmarked for students working in onesection ofCorporations is being offered. before wepraise them? I've come fromafull dress memorial serviceforMuhammad and I hope that a man who engenderedsuchpassion was told ofhis influencewhilehe was alive. I Oral arguments onthemotionto dismiss Blum is attempting to secure employcan think ofno greatertragedy than to live as Blumv. Schlegel.et al for failure to providea ment withotherinstitutions sincehe has "no someone'srole model withouteverknowing it. short and plain statement will be heard by acknowledgedcontract"after Jury 1992. HavThe crewhasbecomecharged withan activist Judge Skretny on January 22,1992 at 4 pm. ing discussed his situation with other legal in fervor, cleaning upthe ship and streamlining Should Assistant Attorney General Douglas scholars Pro lessor Blum was told bya promitheoperation. Death can play the sameroleas Cream'smotion bedenied thepre-trialdiscov- nent CLS leader that his present predicament New Year'sEve by inspiring many people to ery would be the next logical step in the law isn't surprising since ' 'people have known make resolutions which will transform then- suit. about the Soviet Republic ofBuffalo for sevlives. I imagine the best view is to promise to Referring to an article thatappeared in eral years now." (Letter from Blum to UB takeastand onan issue,regardless ofthe size, the November2s,l99l issueofThe Opinion. Faculty 1/15/92). and carry through on thatpromise. UnfortuProfessor Jeff Blum characterized Cream's "Nearly four months liave gone by since nately, for most peoplethere will be nofollow statements as libelous. "Normally, you sit serving ofthe complaint and still there has through, a problem infecting both golfersand down withopposing counseland stipulate to been no answer, defendant's seem tobequite law students,and theresolution will beabanvarious sections ofa complaint, sort things <>ut. afraid oflitigatingon the merits," Blum said. doned withthe old year's calender or join the Cream isapparently trying to badmouth me, ' 'Theirstrategy seems to be to try to stalland departed person at eternal rest in the grave. demoralizeme in my litigation efforts, *' said starve me out." Foreign Law Programs Blum. ofLibel by Univ. of San Diego School ofLaw A SBA Party Describing the present statusofthe litiAlcala Park San Diego CA 92110 the gationBlum stated that "the Rule 8(e) short 23 Thursday and plain statmentrequirement ofa complaint Attorney General • Mulligan's Nite Club • israrely used as a basis for litigation as most I J University if <S;in F^icy* see excerpts from courts thinkit isa waste oftime to dicker over 9pm-??? details ofa complaint.'' letters on page 7 • LRAP at UB Receives $50,000 Rex Imprimatur ,. Oral Arguments in Lawsuit SUMMER LAW STUDY Dublin London Mexico Oxford Paris Russia-Poland San Diego I tJJ I Jan $3 at door • Question ; - * January 21,1992 The Opinion 3 �OPINION»88b Volume 32 No. 9 January 21, 1992 Editor-in-Chief: John B. Licata Managing Editor: Andrea Sammarco BusinessManager: Natalie Ush News Editor: Saultan H. Baptiste Features Editor: Darryl McPherson Layout Editor: VitoRoman PhotographyEditor: Michael Radjavitch StaffWriters: Kevin Collins, W.F. Trezevant, Srikant Ramaswami Contributors: JoiCarey, RebeccaEisen, Jeffrey Ertel, MikeFallon,AngelaGott,Bill Kennedy, Brian Madrazo, JamesMaisano, Melanie Mecca, JenniferPitarresi,Paul Roalsvig, George Snyder, Hans Tirpak, Renee Walner, TomWinward Editorial Muhammad Kenyatta's death has exacteda significant measure ofthespirit from the student body. His absence remains an unalterable, painful fact that will never be diminished in scope, only dulled inits intensity. For the students who wereclose tohim, the longemotional healing processremains while friends try to put into wordsemotions that render the eloquent inarticulate. Most eulogies attempt to interpret death with a positive attitude, an angle to comfort those leftbehind by the metaphysical traveller. At UBLaw, Kenyatta's death hasbrought the present status ofthe faculty into sharp focus, forcing students u> assess therolesthat the rest oftheprofessors play inthelaw schooland inthelives ofthe students. Thepresent conditionofthe faculty, withholes in the curriculumand a lack ofexhibited concern,cannot be viewed withcomfortby any students, past or future, associated with UBLaw School Onestudentcommented that she would trade threefaculty members for one Kenyatta. A second studentreplied that such a deal would bea bargain. Certainly theentire faculty is nottobe showninsuch an unfavorable light. However, the behavior typified by the faculty ischaracterized by omissionand not commission, representing thefailure to act and not an overt display ofunacceptable academic behavior. Gaining a perspective through death wecan now appreciate the need to act whileliving and not procrastinating Itmay be 100 much to askpersons to emulatea man ofsuch distinctive talentsand diverseinterests forthebenefitofanebulouseducationalpurpose.Perhapsthe greatest tragedy weface is that Muhammad Kenyatta, acaring man ofconviction and inspiration, was uniqueamong the UBLaw faculty. Copyright 1992. TheQpiniQn,SßA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe express consentofthe Editors. The Opinion ispublished every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State Law. University ofNew York at Buffalo School of The views expressedin this paperare not necessarily those oftheEditors or StaffofThe Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determined by the Editors. TheOpinion is funded by the SBA from Student Law Fees. The Opinion welcomesletters to the editorbut reserves theright toedit for length and libelous content. Letters longer than three typed double spaced pages will be edited forlength. Please do not put anything youwishprinted under ouroffice door. Submissions canbesent viaCampusorUnitedStatesMailto TheOpinion. SI TNYAB A mherstPampiK 724 JohnLordO'Brian Hall, Buffalo, New York 14260 or placed in law school mailboxes 443 or 512. Deadlines for the semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. Career Development Office TheCareer Development Office(CDO) ofUB Law will be presenting several workshops for students interested in gainful employment. Considering the present climateof the legal profession it is recommended that students begin preparing for employment as soon as theircognitive motor skillsrecognize that legal education, in a formal sense, has a , terminus. Room3o9ofO BrianHallbecomes thehub ofinformation during jobsearchesand oncampus interviews, hi thisdocument choked office the legal minds of UB Law are introduced to the world oflegal interviews. To meet the student needs, CDO regularly publishes a newsletter for UB students wherejobsand various educationalopportunities are described in pithy statements enticing students whoareinterested in further information. OnWednesday, January 29 at 3:30 pm, twoUßalumswilldiscusswhat 1L'scandoto make theirlegal education atime ofexpanding *'credentials, competencies and credibilities." Students applaud this move by CDO to make the UBLaw degree carry a measure of applicability in the employment environment. Audrey Koscielniak, Director of the CDO, states,' This clearly is not an effort to make UB a trade school. I consider legal education a graduate degree in liberal arts. But, in this job market networking isplayinga 4 The Opinion heightenedrole. You can't be just a resume, youhave to beaknown face and a name to the employer." Ms. Koscielniak and Dawn Skopinski.,aided by several law students, providethe jobsearch services for the entire law school. CDO has an extensive library ofjob listings and plays a key role in plugging students into a network viathe Buffalo Alumni MentorProgram (BAMP). Students interested in certain geographic areas (currently Washington, D.C., NYC, andAlbany) can contact UB grads to obtain detailedinformation ofthe region and specific legal positions. CDO generally writesaletterofintroductionforthe student Students are encouraged to useCDO to sharpen theirinterviewing skills and toreview resumes in the resume wokrshops. Ms. Koscielniak advises students to bring a draft resume whenconsulting her,putting as much information aspossible onto paper. "I want the students to have thought about themselves before coming to me. Long resumes are better forthese sessions because Icannot divine what is missing. It's better to state too much than leave some facet unsaid," explained Ms. Koscielniak. , Stressing the importance ofthe interview, Ms. Koscielniak wants students to "get into theemployer's head. The employerwants to know 'Why You? Why should I hire you? Convince me.'" January 21,1992 THE OPINION MAILBOX To the Editor: Professor Kenyattawas an inspiration to me. Healwayswillbe. In themany discussions we had about politics, law, public service, racism, the first amendment, etc., what impressed me about him was his simplicity, hisability to listen, his ability to teach. Itis because ofhim that I'm dedicated to serve the poor, or, as he would say, thosewho have been systematically and legally displacedoftheirhuman quality. I workwilh farm workers inwestTexasandsouthern New Mexico. He told me when I startedthisjob that it was my obligation to bring about the truth oftheir exploitation. That was the core ofProfessor Kenyatta's existence: to tell thetruth. ProfessorKenyatta woulddiscuss withmethestruggleshewentthrough in the 19605. All oftheabusecommitted against him, allofthe fear people had ofhim. But hecon firmed to me overand overagain what JamesBaldwinonce said ofpeople who areafraidofthe truth. Baldwin said that "there isnotaracistalivewhoisnotaliarandacoward, theproofbeing that they imagine reality to be at the mercy oftheirwill - or, rather, oftheir terror.'' That is why Professor Kenyatta always listened. He did not wantto change people's position on a certainissue by showering them withinformation and data. No. He listened to people who eventually had to listen to themselves. Hechanneled you in the right direction. You rarely findthosequalitiesinacollege instructor, muchless alaw professor. Searching and finding the truthand exposing it wasProfessor Kenyatta's forte. Healso required that your persevere. Hislong struggle withthe FBI is atestamentto his courage and hisdesire to expose afederal agency thatperpetuatedlies and misinformation. I dealwithfederal agencies such as the Border Patrol and the Immigration & Naturalization Service. These agenciesmay performtheir duties differentlyon the northern borders,but downhere inEl Paso, Texas, theyare the agents ofabuse and oppression. They arrest, assault or kill innocent people ofcolor all the time, not necessarily in that order. I talked to Professor Kenyatta about this situationhereand headvised me to exposethem. Hetold me not to sensationalize the incidents becausethe truth would beenough. I will miss Professor Kenyatta. His sense of humor and his no-nonsense approach to teaching will beremembered. Hiswayofsaying to you "Iknowwhatyoumean," was unique and encouraging. Martin A. Sanchez Rojas Classofl99o The Pain I Feel... the Hope I Have by W.F. Trezevant, Staff Writer Itisthe pain I feel knowing thata good friend who once walked in front now can no longerwalk at all. It isthe pain I feel realizing that one who has been so much a part ofmy daily decisionsis now preserved only in my memory andrecollections. It is the pain I feel understanding that thegoodnessand beauty of being human walks hand in hand with the frailty ofbeing vulnerable. Some have attested to Muhammad I. Kenyatta' sgreatness because ofthis action or that decision,and I suspect they will continue to. Others willattest to his greatness because ofthe style, gentlenessand charisma whichhe possessed. I however believe that it is his humanness which is the greatest loss. It was his ability to say "I Love You,"; It washisability tosay "I waswrong,". Itwas also his ability to say "I care particularly at times when seemingly no one else did. The pain I feel stems from the absence of this influence inmylifeas wellas the livesofthose around me. Thus Muhammad's death is a tragedyas tragedyonlyhappens when one tries to live well. But, by the same token, it is the hope I haveknowing that at leastfor a timemy good friend walkedproudly in front showing myself and others the way. It is the hope I have realizing thatthe memoriesandrecollections that I possess ofMuhammad have added immeasurably to my sense of historical consciousness andobligation so as to make today's decisions even in hisabsence that much clearer and easier. It isthe hope I have understanding that the frailty ofbeing vulnerable holdsforth the opportunity to make oflife, both individually and collectively, the pagaentry that it is and should be. For in all my experience, there has beenno period so briefthathas meant somuch in my education for life as the four months I spent listening to and talking with Muhammad and Mary. I learned not a particular position nor an immovable idealogy, butrather adepth and quality ofexperience thatislived and felt; arecognitionofwhatistruly meaningful. No onecanreplaceMuhammadl.Kenyattaforhe was somuch to so many forthe time thathewas withus. I offerthese words in closing: Kenyatta, MyFriend Through these empty halls I walk Only memories ofmoments and times wetalked Of this issue, that question, life and law Remembering all the new things that I saw. I will miss and cherish the time we'd spend. Ofyour life and being you'd freelylend To meand others if for onlya while Yet done with such caring and gentle style. Kenyatta, X and King I will sing For all thatyou three did bring A leader, a man, and my good friend Fondnessand Love to you do I send. Yes I realize now the importance ofmy past And yes with strength, love and luck this too will last Showing they were me AndI they Maybe Perhaps No, I'm certain I will one day See you again to walk and talk. OfLife and Law and otherinteresting thoughts Take Care For I will do my best. W.F. Trezevant January 1992. Next Opinion issue: February 3,1992 Articles Deadline: Friday, January 30th Special Valentine's Day Issue: February 12, 1992 Get your Love Messages in by the I Oth �One Man's OPINION Features Editor by DARRYL McPHERSON Perhaps you've noticedthe newheading for the column. A fter various problems with the old one, I've relented and come up with something else. Hopefully whatever confusion that wasassociated withthe old title will fadeaway. I'm sure the meaning of ONE MAN'SOPINIONiscIear. Upon discussing the new title separately with friends, the firstreaction from two ofthemwasthesame: "Shouldn'tthatbeONE PERSON'SOPINION?" Idon'tknow whether the two, both males, were kidding when they made the point, but it strikes me that the woman I discussed it with didn't make the distinction, and actually liked it. Probably because the guys, as straight whitemales, are the primary targets of the politically correct (PC) movement, they are particularly sensitive to where the turn ofa phrase can become a conversational firestorm. My defenseofusing "MAN" inthe title is simple. I'm a man. My perspective will always be that of a man, and will invariably bring whateverbiasesthatgenerates. Ibelieve the vast span ofhuman intellect can allow a person, either male or female, to sympathize withthe plight ofanother ethnic, gender, or social group.That empathy may not beperfect, but people are not perfect, and perfect understanding shouldn'tbeexpected. My entry into law schoolwas my introductionto PCideology. Atfirst, Ithoughtit was reasonable for the most part. I can see the potential offense using "man" universally, andcallingwomen"girls." However,there can be some confusion. Sometimes I get the sense that a woman can never be a girl. " Did you hear? Lindaj ust gave birth to alO pound babywoman." Atthesametime.somewomen don't careabout the girl/woman differentia- tion at all. Suddenly, PC philosophy isn't a doctrine to beapplied broadly, but instead it dependsonwho you're dealingwithatthe time. It followed that people were being identifiedby their ethnic background: AfricanAmericans, Italian-Americans, and so on. Whilethere's nothing inherently wrong with theconnection to one's cultural heritage, there is apresumption thatthe designation matters. I've always envisioned America as the place where one's home country didn't matter. Whether someone's grandfather was born in Ireland, China, or Spain doesn't change the rights and privileges dueto themas American citizens. Political correctness also extends beyond gender and culture lines, and seeks to rectify society's ills by creating somekind of even playing field for all creation. I can be inconsiderate at times, but I can also berelatively sensitive to the plight ofothers. That doesn't necessarily include animals. Like abortion, animal testing puts two moral imperatives directlyagainsteach other. Anyone can take whatever side they like, but I know I wouldn't want tobe the person to explain to a parent thatThumper's inalienable rights are more important than theirdyingchild. The idea that rats should be captured alive andreleased, at least to me, borders onthe ridiculous. Ifltoldmymotherarathadaright to life, she'd think I'm crazy. PC philosophy can easily go too far, and apply to every aspect ofhuman existence. A dog or cat is now a companion, sincethe word "pet" is demeaning Though itis easy to laugh, thereare people whotakethese concepts very seriously,andthe consequences ofthat fact are chilling. TheFirst Amendment is eithercircum- . I Love Blurbs! | inThe Opinion's specialValentines Day issue. Express those burning, churning yearnings from your heart, or any other passionate regions. (As editors, wereserve the right to edit for boringprose orstudent apathy.) Write your Love ditty hereand place it in Box 443 or 512 and watch for it in theFebruary 12thOpinion Valentine's Day issue. vented or ignored, and politically incorrect speech is being suppressed,especially on college campuses. Anyone who questions a PC position is eitheraracist, a sexist, orsomekind ofsocially unacceptable bigot. Any member ofasupposedlyoppressedorvictimized group who disagrees with thePC sentiments is dismissed as eitherignorant oftheir own oppression, orbrainwashed by the dominantculture. Onlyrational thought agrees withthe PCphilosophy, andanything else isdistortedmindjunk carried over from centuries past. One can't evenmakeajoke forfearoflitigationfollowing soonafter. Danger arises when these ideas start creeping into the law. Legislation has been introduced to prevent lookism, which is discriminationbased onappearance. Whilethe goalisfacially attractive (badpun, butI couldn't resist), it is too subjective to effectively enforce and threatens to crowd ourcourts with even more useless lawsuits. I also heard that someplace is trying to grant dolphinscitizen- ship. Truth is also becoming a casualty. A movement has started to change Columbus Day to Indigenous People' sDay to somehow make up for thefact that apopulated territory , cannotbe discovered. It snowirrelevantthat Columbus' "discovery" was the catalyst whichled to the America that we know today. Despite the typeofperson Columbus may have been, it cannotbedenied thathe wasthedriving force thatchanged the world. The desire to create a "user-friendly country for all ofits citizens is an admirable, but unattainable goal. I tried to write this article as PC as possible, but I'm sure there are still parts orwords someone would object to. I don't intend to offend anyone, and the intent behind thewords should bethe mostimportant thing. Ourlanguage,liketheAmericanculture, has developed overa long and sometimes ugly history. We shouldn't gloss over what has made us what we are, and should instead endeavor toremember. mrfmmt Trials Tribulations and January 21,1992 The Opinion 5 �From the Desk MANDATORY STUDENT FEEWAIVER FORMS Available in Rm 101 O'Brian Hall, Deadline: Friday, Feb. 7,1992 GUIDELINES AND PROCEDURES of the President by Brian P. Madrazo Welcome Back On behalf ofthe SBA I would like to welcomeeveryoneback from thewinterbreak. Already numerous thingsare happening in the law school. SBA Party OnThursday, January 23,SBA ishosting aWelcome Back Party at Mulligan's onHertel Avenue from 9:00 p.m. midnight. Three dollars gets you beerand food and some great dancemusic. Last September, approximately 200 law studentslaunched ourfall semesterat Mulligan's, so look for signs and directions posted inthe mailroomand on the SBA door. Hope to see you all there. Moving 0n... - Mandatory Student Fee Waiver As noted in a separate article, all applications foramandatory student feewaiverare duetotheSßAby February 7,1992. ApplicationsareonthedooroftheSßA. Moving 0n... ThirdYear DirectorElections Angela Gott,thirdyeardirector, willbe graduating in February, therefore we must fill her spot. Petitions are dueby January 30,and elections are February 4 and 5 in front ofthe Law Library. All third years are eligible. I would like to thank Angela for her timeand dedication duringher tenure as an SBA Class Director. Her enthusiasm and compassion for her fellow law students made her a valued memberoftheBoard. GoodLuck on theBar! Movingon... already set. They willbeheldMarch2sand26. This position isauniversity widepositionand can be very influential. Two years ago a law student waselectedand there isnoreason that we cannot put alaw student onto the council. I urgeany student whois contemplating running to dropby the office to find out what you need to do. Movingon... Recreation & Intramural Nope, this issue will not die. The raw figures areback from the survey conductedby the University on the usage ofAlumni Arena and ClarkGym. Theraw figures statethatlaw students usage of the facilities is approximately 3.5%. What this means in terms ofhow manyactual law students usethe gymsis not clear until I get a chance to review the data sheets. Aspromised,theSßAwillbeconductingatown forum onthis issue in February to get your feedback. As always, I ask forany feedback between now and then to be in writing. Unlike Data in "Star Trek the Next Generation," I do not retain every singlething I hear on any given day, stopping me in the hall between classes doesn't always guarantee I willremember it the next day. Moving 0n... Recap of the Last Month of Last Semester Study,eat, study eat study sleepstudy. watch approximately 24 hrs ofcomedy onthe ComedyNetwork. Seriously, December sawtheawarding ofthefirst everSBA Award for Excellence in Teaching to Professors Girthand DelCottoand the honoring ofProfessor Hyman for his exBudget Hearings traordinarycareerattheLawSchool. TheSBA The SBA isfinalizing theBudget Schedhosted an awardreception on Thursday, Deuleand willpost itby February 7. However,it cembers,l992 attendedby overonehundred is never too early to start thinking about what students, faculty and staff. Wine was served yourgroupplans torequest, hithe next issue of and relaxed one last time before everyone The Opinion detailedinformation will be profinals hit. vided. Inthe meantime, please feel freeto drop December also saw the reintroduction by theofficeandaskquestions. Movingon... ofthe Law School Directory. Kudos to Phi Executive Officer Elections Alpha Delta for putting together the directory Before youknow it March will be upon at no cost to either students or SBA. I enjoyed usand another election campaign will begin. workingwithBillTrezevant. glorious leader of The next issue ofThe Opinion will contain the PAD, and I hopethatthe directory becomes a entire election schedule. In the meantime if tradition here at thelaw school. Movingon... youare thinkingofrunning feel freeto dropby Finally, SBAmeetingsarenotsetforthe the office ifyouhave any questions,moving semester. We will be meeting on Thursday 0n... January 23,1992 at 6:45 to set the meeting University Council Elections schedule for the semester. Asalways all are Thisposition, currently heldby a graduwclcomesolhopetoseeyouthere. Knot stop ate student, isthelone student position on the by theoffice, dropanoteinmybox,orevenstop University Council. Whiletheelectioncalenme in the halls! daris notcomplete, thedates ofthe electionare Until next time. 1.) Themandatory student fee is payable byall enrolled studentsatSUNYAßLaw School. It is the-policy ofthe Student Bar Association to grant waivers to those students whocan demonstrate that payment ofthefee will create unduefinancial hardship. Applications will be reviewed on an individual basis. There is no minimum or maximum numberofwaivers which will be granted. 2.) The guidelines for granting a fee waiverare limited toextreme financial hardship. Applicants are urged to stress those uniquefinancial problems whichdistinguish them from the problems experienced by the typical law student. Applications are held in complete confidence. Only members ofthe Executive Committee will have access to the file. 3.) Applications will bereviewed by the SBA Executive Committee. Appeals from the SBA decision will be heard by the President and Treasurer ofthe SBAand Dr. JamesGruber.DirectorofStudentAffairs. In the eventyouare denieda waiverand wish to appeal you will be given appropriate procedural details. 4.) Applicants are requested to complete theforms whichmustbe turned intothe SBA officeno later thanFebruary 7. Please place yourapplication in a sealed envelope. 5.) Waivers will be granted if the student is eligible lor financial aid, loans, or grants for educationand is unable to pay thefee without incurring a debt that would hinder further study. In other words, theratio of income to expenses is considered in the determination offinancial hardship. 6.) No student will be granted a fee waiveronthebasisofnon-parlicipationinany SBA sponsored activity,program, orevent. 7.) Noexpenseforacarshallbeconsidered legitimate unless the car is necessary for transportation to and from work or school. 8.) No lee waiver shallbe granted on the basis ofundue financial hardship unless the studenthas made an application to the Office of Financial Aid for assistance. 9.) Please typeorprintneatly. Special attention will be paid to question #11- "Reasons for WaiverRequest". You may attach additional sheetsifyouwish inorderto answer any ofthe questions. Please be sure to number them accordingly. N.B. All applicants must make sure that all information is complete and accurate. If requested, youmust bring copiesoftheappropriate documents to substantiate their claim. Failure to fillin any section oftheapplication, orintentionallyoffering false information will automatically disqualify the application. SBACommittees Ithas come tothattime ofthe yearwhen the SBAmakes appointments to thefollowing committees: BudgetCommittee-SBA 1992; Commencement 1992;Orientation 1992. Applications will beavailable on the doorofthe SBAoffice on Wednesday, January 22,1992. They will be due back in the SBA office by Wednesday, February sth, 1992at 4:00p.m. A briefdescription ofthe position follows: Budget Committee Members of this committee work on putting togetheraproposedbudgetfortheSßA forFiscalyear 1992-1993. Thejobentailsquite abit ofwork in late Marchand earlyApril as you will be expected to review the budget proposalsofallthe groupsand hear testimony duringthe budget hearings. If youare consideringapplying, the SBA strongly urgesyou to drop bythe officefor morecomplete information. Persons with budgetary experience are especially asked to consider thisposition. Commencement Committee Class of 1992 This committee works on the commencement events during seniorweek. You will have asmallbudget to work withand itis an opportunity to ensure that yourcommencement isa memorable occasion. Orientation-August 1992 It seems mighty early to talk about orientation giventhatitis January. However, in order to ensureawell planned orientation it is best notto wait until exam time. Peoplewho will be in Buffalo over the summer are especially encouraged to apply. The committee will normally havea smallbudget. It isa great opportunity to meet the incoming first years and help them become apart of(he law school. Commencement Speakers Committee Class of 1993 - It may sound too early to talkabout this committee but those in theknow in theadministrationassure the SBA that in order to attract the best possible speaker it is advisable to begin as soon as possible. Contacts are especially useful tor this committeeas isa willing nessto talk withyourclassmates about whom they wish to share the occasion of(heir graduation. ThirdYear Director Elections: Attention all 3L's The SBA isformally announcing thevacancy ofone thirdyear classdirector position. Afterayearand ahalfofdedicated service to the student body ofÜB's Law School third year director Angela Marie Gottis graduating and can no longer be a class director according to the Constitution ofthe StudentBar Association. The deadlinesare as follows. Petitions are available outside the SBA office, room 101 O'Brian Hall. They are dueback in the SBA officeno later than Thursday, January 30, 1992at 4:00 p.m. Inordertobeontheballotyoumustturnyourpetition. Write in votes willbe accepted. Elections willbeheld in front oftheLaw Library from9:ooa.m. to 4:00p.m. Tuesday, February 4thand Wednesday, February sth. Although itis thelast semesterofyourlaw school career and you may not want to take onanotherresponsibility, the SBA encouragesallthirdyears to consider becomingacandidate. The SBA will be formulating itsbudget very shortlyand every votecounts. Drop by the office ifyou have any questions. INVEST IN YOUR FUTURE Become a Law Student Member of the New York State Bar Association For more information contact: igfl "s" TheQpinion 6 January 21,1992 new YORK STATE BAR association Membership Services Department One Elk Street, Albany, New York 12207 Phone: (518) 463-3200 FAX: (518) 487-5579 �Commentary: Blum's Basis for Litigation by Jeffrey M. Blunt As legal battles in federal courtand the state court ofclaims intensify I find myself experiencing a type ofrighteous anger that leads me to want to explain why these battles are being fought. The most basic reason for me isatypeofraweconomic necessity. My career as a law professor is on the verge of beingdestroyed. It was nearly sevenyearsago that I received three offers to go into law teaching, one promising me tenure in two years. I came to Buffalo instead because itthen had areputation (already outdated)asaserious place devoted to fostering intellectualinnovation. Uponarriving I slowlylearned how this faculty had devolved intoakindofprimordial pack organizatii >n with JackSchlegel working hard (and at times cunningly) to sustain his position as pack leader. The fact thatI had a sociology doctorate as well asalaw degreeand had published a book made me a target for undercutting. The fact that I developed a serious interest in liberal constitutionalism and began to use the concept "the Rule of Law " put me on the enemies listfor Jackand Alan Freeman. After one particularly nasty roundofundercuttinglconsidered leaving. But I foolishly accepted the reassurances ofTom Headrick and others that this wasa serious place that in the end wouldabide by the rules ofacademic disciplines. I have been bitterly disappointed. Because law isanunderdeveloped academic discipline with most faculty not being orientedtoward scholarship, a tenure denialat a middle rank school is often fatal to one's career even ifone has top scholars willing to champion one'scause. One'svulnerability is greatest if onecomes from a school, like this one, whichhas no objective measuresofteachingabilityand includes influential faculty who are spiteful and eager to sabotage. One ofthe things thatled me to filesuitwaslearning that Jack Schlegel had been telling influential colleagues at higher rank schools that I was "crazy" and "viewed as crazy by my colleagues." Anotherwastheexperienceoffirst informingDean Filvaroffofthe strongsupport my work wouldreceive fromdisciplinaryleaders, and then within days having a surprise meetingcalled where I was toldmy work was so weak I would not have anyrealistic chance ofreceiving a favorable vote. Not a very auspicious basisfor launching ajob search. So I fightfirstand foremost because I am cornered. But curiously, the ghastly experienceofbeing one ofJack'sand Alan's targets has caused meto inherit theplatform ofchampioning various forms ofidealism, some of whichI previouslyhad no intentionofadvocating. Now these, too, Upholding the Integrity of Law A law faculty that does not recognize the value oflawand perceives itselfto beabovethe law in its internal affairs is intrinsically incompetent to teach law. But what is one to makcof a law schooldeanwho makes contractual promises, breaks them after they have been relied upon,and thenwarnsthe promisee that everyonewill gang upon himifhetries to assert his rights? Surely this is Schlegel's "death of contracts" come to life with a vengeance. What does it mean when one discovers thattilesand evaluations have been rigged, only to then be told that the damage done wasnot serious, but that it could become serious ifthe irregularities wereprotested or disclosed? What is one to make ofa wilfully fraudulent evaluation that is subsequentlyadmitted tohavebeen false, and is thendefended withthe statement "tenure islike amarriage" (i.e., wecan beasarbitrary as weplease) and withwarnings that try ing toassert one'srights in court is futile because an individual can always belaid low byawarofattrition fought at taxpayers' expense? What is one to make of the attorney general's ofiice-the same onewhich helped make our law school an object of national ridicule by preventing faculty fromamending itsnow infamous " Faculty Statement onIntol- erance?" What isonelomakcoflhc Assistant Attorney General who makes pointless motions pertaining to technicalities of a very understandable complaint, all the while sayingthathehasother future motions, thecontent of which he refuses to disclose, even at the judge'srequest? Is not the transparent purpose of this exhaustion and delay? When four months have passed with no answer to the complaint, onlyan assistant attorney general pretending not to understand it (even though lawstudentsand some undergraduates can), is there not some tacit admission ofculpability here? What is one to make ofthis same attorney who viciously libelsaplaintiffprofessor in hisschool's newspaper, clearly implying that he is incompetent in his main teaching area because ofa single(and quitejustifiable-see excerpts from letters to Peter Sullivan, Esq.) technically incorrect listing in the caption of acomplaint? Is not the combined messageof the motions and the libel: "judge, weare the state; we can get away with anything against this guy."? There isa pattern in all this. It is one of adversarialism for its own sake and of law being lost in the balance. Sustaining Freedom of Speech Regardless ofwhatis stated in Supreme Court opinions, freedom of speech is only secure whenpeoplehave the courage to exercise it. In every period thereare certainareas ofpolarized hostility where ignorance and prejudice coalesce to demand vengeful policies thatmasqueradeas protection of general well-beingand ourway oflife. At such times it often becomes disreputable to speak the truthpubliclyand to challenge prevailing hysteria. But thatis partly why we have professors-highlyeducated individualswhoarefreed from the stultifying effects of corporate and bureaucratic hierarchies, protected by doctrines ofacademic freedom and giventhetime to research, write and teach. If we cast aside these doctrines and place faculty'sjobsatrisk when they speak out oncontroversial issuesorchallengeprevailing orthodoxies, then weas a people face a grave risk. Werun the risk ofour society becoming disastrouslyandinterminably stupid in these policy areas, for lack ofindividuals whoare both willing and able to tell the truth. In my own case there is substantial reason to believe that extraordinary forms of undercutting have been allowed (or perhaps even solicited) by university administrators because ofundue hostility to my well-known public criticism ofthedrug warand my defense ofstudents' constitutionalrights. What I ask is that the truth ofwhat has occurred be made known, and that the principle offreedom of speech in our universities bereaffirmed. So far therehas been only silence, punctuated by the highly abusive tactics ofmy adversary in the litigation. Defending the Idea of a University My difficulties at thelaw schooldidnot beginwith my speaking out on public issues. The outspokenness came later. Difficulties arosebecause I arrived withastrongreputation for intellectual creativity and a desire to do seriousinnovative work. This desireand my attempts to pursue it unfortunately clashed withJack Schlegel'scompulsive need tomaintaindominanceoverthejuniorfaculty. Though mretrospectlwouldhavebeenwell advised to flatter him extensively and court his favor, I found it difficultto establishrapport. Hisideas were not compelling, and the more I learned aboutstudents' actual educational needs, the more Jack'sdictaabouthowto teach seemed dysfunctional. Mainly, though,the verynotion thathe should exercise dominance overexperienced scholars trying to work in areas beyond his expertise isforeign to dieidea o fa university. Writing for andreceiving recognition from Correspondence between the Parties Several students have told me that the libelous utterances madeaboutmeby opposing counsel intheNovember2s,l99l Opinionhad caused somestudents to doubt mycompetence asacivil procedureteacher and that I wouldbe well advised to respond. Accordingly, I am reprinting excerpts from my correspondence with Peter B. Sullivan, Esq., Mr. Cream's supervisor in the Attorney General's office. December6,l99l Re: Blum v. Schlegeletal..Civ. 91-0833S Blum v. Schlegel et al. Claim No. 83991 Dear Mr. Sullivan: OnNovember2s,l99l the SUN VBuffalolawSchool newspaper.TheOpinion,published the enclosed article which included highly defamatoryquotations from oneofyour assistant attorneys general, Mr. Douglas S. Cream. Statementsthat are particularly objectionable includetheone in boldtype, "Blum's inexperience in litigation is obvious from the manyerrors inhis pleading. Theclaimdoesn't meet minimum requirements ofcivilprocedure." They also include, "The Eleventh Amendment isas basicas itgets," and "Professor Blum may characterize his ignorance any way he wishes." In actuality, I have had nine years of litigation experience, including one as law clerk to the Honorable Robert L. Carter ofthe U.S. DistrictCourtfortneSouthernDistrictof New York. I havealso taughtcivilprocedure for the last seven yearsconsecutively. Sincel am currently trying to salvage my academic careerfrom theravages described in my complaint, Mr. Cream's statements alleging incompetence inoneof my mainteaching areas areextremely damaging. Theirdemoralizing effect on my civil procedure students was palpable during ourlast two class meetings. Mr. Creamknows very well that I am awareof stategovernments' EleventhAmend- mentimmunity from suit infederal court, and thatthisis why an action wasfiled in the state Court ofClaimsas well as in the federal court for the Western District ofNew York. Mr. Creamalso knows that I deliberately left the initialcaptions ofthe two cases identical in order to assist both courts in arranging an appropriate coordination ofthe two actions... Mr. Cream's comments were a' 'cheap shot at best and constitute actionable defamation as well. Decembers, 1991 [after receiving Peter Sullivan's response which asserted that I had said things about defendantseven more damagingthanwhat Mr. Cream had saidabout me] my publicizing defendants' apparent misconduct-some ofit pretty much proven fact,someofitacknowledgedtobeonly reasonable suspicions basedon evidence-isa far cry fromMr.CreanVsattempt to portray me as an incompetent civil procedure teacher based on my having named New York State as a defendant inthe caption ofthe federal complaint,thereby allegedly showing ignorance of the Eleventh Amendment which, in Mr. Cream's words, "isas basicas it gets.'' There isactually agood civil procedure reason forwhat Mr. Cream professes to believe isa simple error. Onething nearlyall judges dislikeisunnecessary duplkativefilingofthe same casein two ormore courts. Ifthereisa bona tidejurisdictionalreason for duplkative filing, as there certainly is in my case, then courtswantto know aboutitimmediately and they expect the partiestocooperate in helping the two judges correctly apportion responsibilities between them. Typically this is done by staying oneoftheactions, butit canalso be doneby parcelling out different facetsofthe case. ... leaders ofthe national discipline, m>l (be most peevish and self-absorbed o flocal part isans, is what academic professionalism ought to be about. So it was with a sense of shock and sadness that I heard from Jackhow positive letters from recognized leaders ofthe national discipline wouId makeno difference in theUB law faculty's tenure deliberations It bothered mea great dealthat hefelt his opinion should beparamount, and that itwasonly two outside colleagues (both friendsofhis)whoseopinions matteredfor anything. This university should be striving for excellence and nationalrecognition forall its faculty. It should not berunbyanetworkofokl cronies who believe in sacrificing the talent and capacities of junior faculty in order to flatterpolitically connected seniorcolleagues whose self-esteem depends heavily on their having thepreroganveofdominating and abusing those whohavenotbeenhereas long as they have. Attempting to Meet the Vocational Needs ofStudents When I arrived sixand a halfyears ago I, like most ofthe full-time law faculty, had relatively little concern with students' core vocational needs. Gradually I came to be persuaded by theirplightas I learnedofdifferent courses where the professors refused to teach the course subject matter (e.g., Jack Schlegel withcontractsand corporations). My greatest contribution toward preparing students to belawyers wasprobably intheareaof legalresearch, writingand analysis. I had been trained in therunning ofsuchprogramsand had been an instructor at both Harvard and New York University law schools. As supervisor ofresearch and writing courses forone-thirdoftheBuffalo students, 1 designed a program of superior quality that consistently resulted in that section having disproportionate numbers ofstudents placed onthelawreview. This, however, seemed not to matterat all to thefaculty, whichapparently haslittlecomprehensionofeachother'steaching effectiveness, littledesire to developreliable measures of it, and (as far as I can tell) little concern withthe vocational imperatives faced by students. Mainly they have been willing to be led by Jack Schlegel. Because Jack' s primary concern wasto prevent me from getting tenure, neither my expertiseasanoverseer ofresearchand writing programsnorthe students' veryreal need toran effective program counted for anything. Because I was the one facultymemberwilling andable to takeover supervision ofthe writing program,achangewasintheoffing. Thelegal research and writingprogram wasabolished with nothing to take its place. Initially Jack propoundedthe ideaofhavingasham program, officially taught by faculty who in actuality would do "zippo." The justification for this was that budgetary constraints made it impossible to have teaching assistants. Eventually a new associate dean took office, assessed the emerging disaster and arranged forfaculty teachingwritingseminars tobe giventeaching assistants, soatleast there would be some correcting ofstudents' work. Nevertheless, thenew program hashad virtually no curricularplanning to dateand intelligentstudent proposalsforaresearch and writing committee to oversee the program were rejected because the emphasis has been on , quieting students fears withoutmaking individualfaculty do any work beyondwhat they wouldlike to do. For thefust timein decades, the second semester begins with first-year students having developed none ofthe constituent skills needed to produce writing samples on which summer employment depends. Faculty continue to be stubbornly unwilling to participate in discussions about what a good research and writing program should cover. I find myself being a lonely, forlorn spokesperson tor thebasic corerequirements oflegal education which I used to assume could simply be taken forgranted. In a strange way, this, 100, ispart ofwhy I litigate. January 21,1992 The Opinion 7 �[ New York Bar Review Course Summer 1991 Enrollments BEss^^B|HH|H£ijltn| Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e9fd6deea6b4c6c2ea9ab6e873a86f08.pdf 28d31f229d38a51d4c663cf3a0894be9 PDF Text Text Volume 32, No. 10 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 3,1992 Students Develop Low-Income Housing Solutions by MichaelRadjavitch, Pliotography Editor TheLow-Income HousingDevelopment Clinic is part of the University at Buffalo SchoolofLaw's LegalAssistance Program. It helps smallcommunity-based organizations, not-for-profitcorporationsandpublic agencies with the very difficult and time consuming processofdeveloping low-income housing. George M. Hezel,a legal servicespractitioner with a wide range ofexperience, became a member ofthe School ofLaw faculty in 1987andorganizedtheclinic. Hewas joined by Thomas Disare, an experienced corporate law attorney whoalso workswithPeter Pitegoff in the Community Economic Development Clinic, in 1989. Since itsbeginnings in 1987, thehousing clinic has enhanced thelegal education ofall who have become involved with it. Each student takes ona project, orpart ofa project, to createresources for the community which are to then beheld by thecommunity. Financing is thebiggestproblem, especially due to the needforathoroughreserve system tocoverany operating and replacementexpenses that may George Hezel, Director of the ÜBLow Income Housing Development Clinic forherinsistencechoseheroveralltheotherlaw students he had seen that day. Both graduates, Jeanne Vizena('B9) and Lisa Yeager('9O),returned tothelaw schoolthis past week at the behest ofthe Career DevelopmentOffice to speak to current UBlaw students about ways to improve theirchances oflanding ajob. Their informational presentation, called '' Being aNew Graduate Looking Like aThird Year Associate," reflects the reality of the currentlegal job market. While good grades in law school have usually increased a student' schancesoflanding ajobafter graduation, they havenever guaranteed it. Regretfully, that holds true even more - Western New York, a not-for-profit corpora- velopment clinic trains future lawyers in the same skill areas that a corporate attorney requires, paticularly obtaining approval and leveraging large sums ofmoney for the purchase andrehabilitation ofproperty, as wellas fornewconstruction. Theseareskillsthattend to keep most of the students involved in this clinic in thehousing developmentfield after graduation. The housing clinic'sfirst project wasto helpputtogetherßenedictHouse.anorganizationwhich seeks to provide shelterforpeople whoare HIV-positive. Theclinicalso assisted in the formation of Delta Development of tion thatprovideshousingforlowto moderate income people. Delta is the development consultant to Benedict House and is overseeing construction on the currentproject. This construction is in the final stages and should be completed by the end of February, with an official ribbon-cutting ceremony to follow sometime in spring. Spring is also the time slated for construction to begin on the former St. Ann's Rectory, which will eventually hold 19 onebedroom units for the elderly and disabled. Construction onthis $2.6 million project was - ariseinthefirstlsto2oyears. Poor long-term planning and lack ofsuch a financial reserve are the basic reasons that ProfessorHezel cited , ascausingthe failureofßuffalo sown vast,and now vacant, housing projects. However, the Low-Income Housing Development Clinic takes greatpains to avoid those and any other so today, since many recent graduates find themselvescompetingfortheir first jobsagainst displacedlawyerswhoalready have one or two years ofexperience. Jeanne Vezina,who isnowan associate atGross RossettiCheuhis & Herdzik in Buffalo, explains that"getting a jobisselling yourself to and the number one way to sell anything.. istoputyourselfintheotherpersons shoes.'' Too often, law students think only of their own wishes when seekingemployment: where they want to work, whattype oflaw they want to practice, how much they want to be paid. Fromtheemployersperspective,however, the question is, "What can this person do for me?" The successful jobapplicant, whethera student, recent graduate, or experienced attorney,answersthatquestion for theemployer withoutbeing asked. Since every new lawyer is an investmentfor the firm thathires him or her, the job candidate must convince the employer not onlythat they will getareturnon that investment, but thatthey will get it soon. New associates traditionally recovered their own costs, whichcan run to almosttwice their initial salary when all support service costs are factored in, by billing hours. But the current job market is swamped with young lawyers equally capable ofbilling hours,and, thus, successful job candidates must distinguishthemselves further. One way Jeannesuggested to distinguish yourselfis to convince the employer that you were are that may sound (a law student or recent graduatebringing inbusinesswhen their ownjuniorassociatesbrought in littleto none?), a new associate can be the source of new clients for a firm. Law studentscan begin laying thefoundationfor potential clients by becoming active in civic or volunteer organizations they find interesting. The contacts they make in these someone.. Housing Clinic, continued onpage 6 Discovery Set for Feb. 21 Photo: Michael Radjavitch Tight Market Calls for Bold Job Hunting by VitoA. Roman, Lj ayout Editor Whilelaw students at ÜB, Jeanne Vizena and Lisa Yaeger both tooknovelapproaches to getting summer clerkships. Jeanne, bent on getting any job, sat at her phone one dayand began calling every law firm listed in the Buffalo yellow pages. Lisa was determined to get a job with a particular employer who had selected her only as a possible alternative interviewee bywaiting forthe recruiter outside the interviewroom. Jeanne, on thephone, wouldask to speak with the seniorpartner. If she got through, she would rattle off a speech about being a law student whopossessed x,y, and z qualities and who could make money for that firm. If the senior partner was still interested, she would close her sales pitch by letting him decide whether he would give her an interview on Tuesday orWednesday. Lisa, waiting, asked therecruiter as soon as hehad finished for the dayifhe could giveher a moment ofhis time. He complied with her wish, and, wound up speaking to her for over forty-five minutes. Jeanne's' 'cold-calls'' to the firms paid off, producing several interviews, and, eventually, a first year summer clerkship. The recruiter whowould neverhave met withLisa but possible pitfalls. This community-based de- OnJanuary2l,l992 Judge Skretny ofSecond CircuitFederal Courtheard oral argumentsregarding themotion to dismissBlumv. Schlegel, elah, butruled in favorof giving Professor Blum untilFebruary 21 to comply withtheFederal Rule 8 (c)" shortand plain complaint standard. On thatdate discovery forthe trial will go forward in the form ofdepositions ofthe defendants. organizations maylead to future clients. But even ifthey do not, apotential employer will ''rain-making." Law students shouldalso concentrate on theircredentials and on establishing connections in the legal community. see thatthelaw studentbeforehim understands thatpart ofbeing a lawyer involvesthe ability Lisa Yaeger, who is a sole practitioner justslightly over one year out oflaw school, to sell his services to others. Furthermore, talking about an activity recommends that law students become, ifposwhichyou enjoylets you establish rapport with sible, involved withthe workoftheirprofessors. the futrre employer more quickly. Besides During her first summer in law school, aside from working at the Erie County District productivity, whichhas taken adominant position in the qualities sought in a candidate, Attorney' sOffice, sheheldassistantships with Professors Mungerand Scales-Trent, helping employersnaturally continue to also seek associateswith whom they can workalongside them with their academic research. As she comfortably, andwhotheyknow, bylooking at says, whenit comes timeto get recommendationsfrom U B Law' s professors, oreven leads their othercredentials, can do the work. Ofcourse,not all the thingsalaw student on potential jobs,''they' 11serve you as wellas can do to improve his marketability relate to Hunting, continued onpage 3 Professor Finley Appears Before U.S. Supreme Court by SaultanH. Baptiste, NewsEditor On January 21, 1992, UB Professor Lucinda M. Finley appeared before the U.S Supreme Court as an attorney in a sexual discrimination-tax exemption case, U.S. v. Burkeetal. Prof. Finleywasco-counsel to her father, Joseph E. Finley,whois GeneralCounselfor the Office andProfessional Employees International Union(OPEIU). Thecase stems from aprior underlying suit, Hutcheson and OPEIU v. Dean et al. (Tennessee Valley Authority (TVA)), inwhich al9Bl TVAwagesurveywasusedduringunion negotiations. The surveyresulted in increased male-dominated pay schedules and did not change, or lowered, pay in female-dominated pay schedules. The female employees, through their union (OPEIU), filedacomplaint claim- ing unlawful sexualdiscrimination in thepayment of salaries. After TVA's motion for summary judgement was denied, a settlement wasreached stipulatingthat $ 5 million would bepaid directlyto the individualsbased on an agreed formula, however, federal income tax andFICA taxes wouldbe deducted. The employees filedfor arefund from theIRS claiming thatthe settlement payments should be excluded fromtaxable income under Section 104(A)(2)oftheIRSCode. Thissection states that "gross income does not include. damagesreceived on account ofpersonal injuries orsickness". The IRS claims thatthe injurywasloss ofwagesand is taxable. Theemployeesclaim thattheinjury was sexual . Finley, continued on page 5 Highlights . Dr. Hooks of NAACP Pro-Choiceto Mobilize Commentary SBA Developments The Docket .3 3 4 6 7 �PIEPER BAR REVIEW MPRE LECTURE QUIZ BOOKLET AND MPRE TEXT J. Gardiner Pleper will be your coach for a 7 hour lecture starting at 9 a.m. to 5 p.m. on: February 23,1992 New York University Law School Video tape lectures will be available on the following dates at the following locations: February 29.1992 Hofstra University Boston University Law School Buffalo Marriott Georgetown University Law Center Syracuse University University of Bridgeport March 1.1992 New York University Law School The MPRE will be given on March 13, 1992. The regular application postmark deadline Is February 14, 1992. The exam fee Is $25.00. Late application receipt deadline is March 4, 1992 but the exam fee Is Increased to $75.00. If you are unable to attend the March MPRE, the exam will be given on Friday, August 14, 1992 or Friday, November 13,1992. Please can (516) 747-4311 to reserve a seat. �Local Pro-Choice Groups Mobilize by Andrea Sammarca, Managing Editor I.ocal pro-choice activistsintend to send Terry is doingis a sideshow. Randall Terry and his supporters a message Other groups prefer a more radical apthis spring: "Buffalo will not be turned into proach, offering anoutlet for the dissatisfacanotherWichita." tion ofmany at thePro-Choice Network'slow The Binghamton native is the national key response to Terry 'sextreme,otten illegal, leader ofOperation Rescue, the group which tacticsand extravagant posturing. Women's has targeted Buffalo as the focal point of a Health Action Mobilization (WHAM) is the massive anti-abortion demonstration. Operagroup which was mainly responsible for aclion Rescue wasmv itedby itslocal contingent. tionsinNewYorkCitylastyear.actionswhich Project Rescue of Western New York. The effectively shut downanticipated Operation organization intends to engage in blockades Rescue attempts to blockade clinics in that outsideoftwolocal abortion clinics sometime city. WH AMhas established a regional chapbetween April 20 and May 16. MayorJimmy ter in Buffalo, and hasalready begun to accuGriffin has said that he will welcome the mulate resources and develop effective organization's actions in Buffalo, implying countertacticstodealwithblockades. WHAM that even illegal activities will meet with hasalso contacted Wichita pro-choice groups little resistance from local authorities. for advice in this area. Terry may encounter resistance from Whilethe boundaries are oftenblurred, another source, however, if the Pro-Choice other groupshavemerged or beennewly formed Network and itsaffiliates have anything to say inresponse to theimpending onslaught. Anadabout it. Recognizing that local clinics may hoc coalitionto stop OperationRescuewillbe facethe threat ofbeing closed down, local proholding aplanning meeting at 7 p.m. on Tueschoice groups are mobilizing to confront the day, February 4 in orderto challenge Operation Rescue' 'both politicallyandvocally.'' (The impending threatto reproductive freedom. Responses range widely among the meeting will be held at the Langston Hughes groups. ThePro-ChoiceNetworkhasgearedup Institute at 25 High Street. The coalition is its members to undertake a massive letter- comprised in part ofmembers from the Aids writingcampaign to elected officials, as well Coalition to UnleashPower(ACT-UP)andthe as demonstrating support forpro-choicecandiInternationalWomen'sDayCoalition. Oneof dates at localand national elections. Spokesthestatedpurposesofthecoalin'onisto provide woman Manya Warn has stressed that' "The ' 'an appropriate politicalresponse affirming main event of 1992 isthe election, and thatis women'srights." ÜBalsohasitsownversionofWHAM, where we will have our say. What Randall comprised mostly qfconcerned studentsand fac»*Jty from the university. While the group values itsties to the Pro-Choice Network, the organizers felt that a more activist strategy wascalled for in order to safeguardreproductive choices. Counterdemonstrations are planned forthe periodduring which Operation Rescue has targeted Buffalo. Throughcountless hours of demonstrations,both sideshavedeveloped political and legal savvy in identifying exactly what is allowed whenprotesting in front ofabortion clinics. Pro-choice groupsincreasinglyrely on video cameras and recording equipment to capture anti-abortionists in theactofbreaking the law. Local groups are making it a top priority to informmembersofthecomplex set ofrules to be employed when confronting opposing viewpoints on the streets and sidewalks in front ofclinics. Localpro-choice groupsmay be pleasantly surprised by the officialreception given toOperation Rescue byWestemNew Yorkand federal authorities. Erie County Executive Dennis Gorski has promised to enforce the laws in the event ofillegal activity by antiabortionists, and chastised Griffinfor hisresponse to the situation. Also, U.S. District JudgeRichard J.Arcara's injunction,filedlast summer, prohibits demonstrations within 15 feetofabortion clinics,and enforcement is the responsibility oflocal officials and the U.S. Magistrate's office. Dr. Benjamin Hooks Speaks On King's Dream by JoeAntonecchia andtCevin P. Collins Reverend Dr. Benjamin L. Hooks, Ex- ecutive Director ofthe NAACP, spoke to a packed auditorium on the second floor ofthe Canisius College student center on Friday, January 24. The theme ofhis talk,the centerpieceofthenight'stributeto Dr. Martin Luther King, Jr. was''AHouseDividedCannot Stand.'' His choice echoed from the podium, as his persuasiveness asaministerand his passionas a leader captured the audience's attention from the start. Dr. Hooks beganby vividlyrecalling the stormy night in earlyApril 1968,when helast heard Dr. King speak within24 hours, King would be tragically assassinated. But on that night, says Hooks,King spoke witha power reflecting thetremendous thunderstormraging outsidethe Church, andwithapassion unparalleled by even the "IHaveaDream" speech fiveyears earlier. King warned ofthe difficult times the Civil Rights movement wouldface in the years ahead, foreseeing the whitebacklash which would sweep the country in the decades whichfollowed. Hooks statedthatyou can kill the dreamer, but you cannot Kill the dream, the dream stilllives on. He believed that ifKing wasalive today, hewould say that the movement has along way, but still has a long way to go. Thistribute to Dr. King'sprescience set theframework for Dr. Hooks' rigorous indictmentoftheongoing, increasinglyracist social pathologiesofthe 1980sand 1990s-fromthe use ofracism in a politics ofresentment (a la Willie Horton and David Duke for whom, quite interestingly enough, over 50% ofthe whitepopulation voted for in his unsuccessful bid to becomeGovemorofLouisiana—and the more subtle use of" quotas'' toattack affirmative action), to theresurgence ofKuKlux Klan demonstrations and racially provoked beatingsand homicide. Dr. Hooks focused onhisremarks onthe use of' 'quotas'' to stir resentment among a white population searching for a scapegoat duringhardeconomic times. He citedthe scant percentages ofA frican-Americans among doctors, lawyers, and business elite ( 1 outof 1,000 top CEOs are A frican-American) to show the ridiculousnessofclaims that blacks and affirmativeaction are thereason that white's cannot get jobs;heexplained that this "biglife" of the notion that affirmative action doled out - - jobs to unqualified minorities, concocted through the 1980sby political consultantsand the media, could be easily debunked if one actually assessed theability and success ofthe few minorities afforded fair opportunity through these programs. By contrast, herecalledhow.asayoung student seeking toenter law school,he was victimofa trulyoppressive, unjustoftkial quotaprogram whichmandated thatevery studentbewhite—aprogram which persists today in both structural and more insidious ways. Hooksdidnot mincewords in hisattack ofa Supreme courtwhichhas guttedmany of the gains ofthe CivilRights Movement. He quipped about their combined wisdom and intelligence, if put in a bird's brain, would compel the bird to fly backwards. He citedas particularly unenlightened the recent Richmond v. J.A. CrosonCo. decisionwhich struck downaßichnKmd,Va.affirmative actionprogram forpublic contracting (in acity of50% African-American, where minority owned business were awarded 0.67% ofthe city's prime construction contracts from 1978 to Jessupfor ILs by Greg Chestnut TheJessupMootCourt Board will be having a general meeting for all first year law students interested in participating intheFaskin, Campbell,Godfrey Moot Court Competition. The generalmeeting will be held Monday, February 10,at 12.30 pm in room 106 of O'Brian Hall. First years interested inparticipating in an oral advocacy competition should attend. The experience will not only developanalyticaland problem solving skills, but will also be aresume booster. Thisyear'sproblemdealswith the hostile relationship between two neighboring fictitious countries, Atlantis and Bergenia. Bothcountriesaresendingadvocates to argue before the International Court of Justice. Atlantis charges that Bergenia is violating the rights of Ethlantians, a fictitious people Hying in Bergenia as wellbeing a militarythreat to Atlantis. Bergenia contendsthatithas not violated any international law and is defending itselfagainst Atlantian aggression. Competitors will be required to argue only oneissue. Iftheprobleminterestsyouandyou wish toimproveyour oraladvocacy skills, come to the meeting on February 10. No independentresearch willberequired because the JessupBoard will beproviding all competitors with information packages on sale atthe mimeoroom nextweek. Practice rounds for the competition will be held on February 24 and thefinal competitionwill be held onFebruary 25and 26. The competitors with the eight highest scores will comprise theFirst Year International Oral Advocacy Team and will compete intheFaskin, Campbell,Godfrey Moot Court competition on March 28. I ast year'steam swept thecompetition in Toronto. This year our team will host the competition in Buffalo. Help keep the tradition at ÜB. selves. He cited thattheleading causeofdeath among young African-American males is murder at the hands ofotheryoung AfricanAmerican males. Finally, he addressed the controversial issueofwhy the NAACPdidnot supportClarence Thomas' nomination forthe Supreme Court. He stated that after long internal debates, the NAACP decided that Thomas' record, speeches and work in the EEOC did not justifyascending to the Supreme Hunting, contfrontpage 1 Court ofthe United States. Thomas did not haveastrongcivilrightsrecord. Indeed,Hooks you served them." While a student, Lisa also served as commented that African-Americans should not back him just because he was African- editor for the Baldy Center's Law & Policy American,Thomas should be backed ifhetruly Journal, an experience which improved her is qualified Hooks lamented in a comment legal writing and editing skillsas much as a withmixedreception from theaudience thatif position on the Law Journal would have. In Thomas waswhite perhapsonly three African- short,she loaded herresume withlegal expeAmericans would have supported him in his rience from whatever source shecould get. She advices, however, that besidesadduphillThomas hearings to becomea Supreme Court Justice.TheRev. Dr. BenjaminC. Hooks ingacademic laurels to theirresumes, students then mingled and spoke to the audience in a look to other sources to bolster theirmarketreception afterwards, reminding both young ability. Her principle suggestion is they be1983). and old alike that the dreamand the struggle come involvedwiththeErie County Bar AssoInclosing, Hooks masterfullyrekindled live on, n> beone united in the cause forahouse ciation Continuing Legal Education (CLE) Program. Most ofthe Associations eventsand his initialmemory ofDr. King's last speech, dividedcannot stand. classes are free to law students and provide a reminding us thatKing, even in hisprediction means to meet practicing attorneys, who are, ofrough timesahead,continued to have hope, by definition, always potential jobleads. to seethe Promised Land Hooks cited the Visitthe Lisa also believes that law students opening up ofopportunity for minorities in should visitthecourts. During herfirst year in elected office and in educational opportunilaw school, she sat through oralarguments in ties,reminding minoritiesand all others who a Wade hearing in Erie County Court and have succeeded to not turn a blind eye to the afterwards volunteered to help the Assistant continuing struggleagainstracism and lackof District Attorney arguing the case with the real equal opportunity in our society. He research on the briefthe judge ordered from reminded all the students inthe audience that Table both sides. Later that summer, she saw that mere efficiency in academic pursui ts, without ADA use her work in court. Today he is an engaging inrigorous intellectual analysis of Assistant US Attorney in Buffalo, and stillan Tuesday, February 4th. thevalue ofwhat one studiesand itsimpact on important (and grateful) contact to her. society, is perhaps more harmful to society :00pm 9:3oam-l Whether a law student makes himself than ignorance itself. First Floor Lobby, more visible through Bar Association activity In a short questionand answer session , orcivic and volunteer activities, in eithercase, that followed, Hooksspoke ofhowthe dream O Brian Hall according to Jeanne Vi/eno and Lisa Yaeger, and the struggle for equality is everyone's they will be making themselves appear like dream,everyone'ss(ruggle. Thefew Africanmore than just another law student coming Americanswhobecome successful and make Find out what P.AJD. is straightoutoflawschoolwithjustadegree. Fly itk> the top should not turn theirbacks on the all about. beginning to masterthe skills all lawyers need cause. He stated that with regard to role to advance their careers, be it getting new models, it did notmatter ifall African-Americlients or establishing a network of profesMichaeUordans, could not cans become (Oprah sional contacts, law students orrecent graduWinfreyst>rThurgood Marshalls. I le emphatiateswill appear as moreproductive candidates cally cried from the podium that ifyou cannot to their future employers, and, thus, stand a be an ocean, (hen be a stream, but be the best betterchance in competing forjobs with more stream there is. He pointed out (hat a major experienced attorneys. problem that A Irican-Amcricanshave isthemFebruary 3, 1992 The Opinion - Phi Alpha Delta 3 �I OPENHIONfcJta .—___ THE OPINION MAILBOX v February 3, 1992 Volume 32 No. 10 Editor-in-Oiief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Vito A.Roman Michael Radjavitch PhotographyEditor: StaffWriters: Kevin Collins, W.F. Trezevant, SrikantRamaswami Photographers: Paulßoalsvig Contributors: JoeAntonecchia, Joi Carey, Rebecca Eisen, JeffreyErtel, MikeFallon, Robert Garnsey, Angela Gott,BillKennedy,BrianMadrazo, James Maisano.Melanie Mecca, JenniferPitarresi, George Snyder, Hans Tirpak, Renee Walnet, TomWinward Editorial The term' 'plowback'' refers to the amount ofmoney a corporation commits to internal development, for example, whenafactory purchases new equipment to enhance its efficiency. Corporate executives differabout the optimum amount to bereinvested but essentially agree thatitisa prudentpractice to observeconsidering the success Japan has had with the concept. Should education be treatedany differently? There areanumberof fields wherethe concept ofplowback flourishes. AtSUNYBuffaloLaw the faculty, alumniand studentsparticipate in the BPILP' 'Work a Day in , thePublic Interest ' fund drivewhich isabasic combinationofplowback and conscience money. However, it works. Given the financial status ofthe Empire State it should not surprise anyone that tuition is on therise and services are goingflat President Greinerhas recognized the need for increasing private donations tothe university to augment thelimited funds doled out by New York State. In the same vein, where those funds are channelled plays a crucial role in the future ofthe quality ofeducation provided by thelaw school. Too many faculty positions have been left vacant or in limbo while the course offerings continue toevaporate. Thispastyearhas seenan additional drainofexperienced faculty by committing severaltenuredprofessors to theResearch andWritingProgram. Whetherthis isabenefit is notat issue, itinevitably removes a percentage ofthe faculty fromproviding upperlevelcourses. This brings to mindanother term, known as payback,'' whichrefers torevenge takenby the partyofthefirstpart upontheparryofthesecondpart believed to havewronged the party ofthe first part. Inan era of meagerfinancial support adisenfranchised alumni isa commodity best avoidedby any school. Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks duringtheFall andSpring semesters. Itis the student, newspaper ofthe State University ofNew Yorkat BuffaloSchool ofLaw. Theviews expressedin thispaper are notnecessarily thoseof the Editors orStaffofTheOpinion. The Opinionis a non-profit organization, thirdclasspostage entered atßuffalo,NY. Editorialpolicy ofTheOpinionis determinedby theEditors. The Opini on isfunded by theSB A from StudentLaw Fees. The Opinionwelcomeslettersto theeditorbut reserves theright toeditfor lengthand libelous content. Letters longer thanthreetyped doublespaced pages will be editedfor length. Please do notput anything you wish printed under our office door. Submissions canbe sent viaCampus or UnitedStates Mail to The Opinion. SUNYABAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 orplaced in lawschoolmailboxes 443 or 512. Deadlinesforthe semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofTheOpinion. Next Opinion issue: February 18,1992 Articles Deadline: Friday, February 14th SpecialValentine's Day Issue: February 12,1 992 Get your Love Messages in by the I Oth Place them in Box 443 or 512 THINGS THAT MAKE YOU SAY 4 The Opinion February 3,1992 £.11 ksneV HMMMM... To the Editor: A good friend has suggested that it is " morethan appropriate that I reply to Professor Blum's recent article in TheOpinion. I suppose some mayalso wonder why I have nol done so earlier. Thereason is simple. When I taughtcivil procedure I counseled students thatalawyer who vents or letshis client vent hiscase in the presshelps neither his client nor his case. While itis unpleasant to be on the receiving end ofthe actions ofsomeone who apparently counsels otherwise, I still think it good advice. Professor Blum has chosen to litigate the issues in the federal and state courts. I respect his choiceofforumand I respect those courts as proper places toresolve hisconcerns. Because ofthatrespect I shallcontinue to adhere to my own advice and not respond in The Opinion or any othermedia forum. JohnHenry Schlegel To the Editor: I have already become nauseated withthe hooplapertaining to the sOOthanniversary of thearrival ofChristopher Columbus in this hemisphere. Followingtheadage ofgivingcredit where credit is due, one can safely say that Columbus was the first European to establish permanent contact between Europe and the Americas. That, however, isalong way from the condescending and demeaning concept ofdiscovery. The concept ofdiscoveryis insensitive because it implies thatthe hemisphere didnot exist until Columbus and his gangarrived. This would bethe equivalentofsaying thatthefirst native American whowentto Spain discovered thatcountry. Europeans seemed to have hadanobsession withthe word''discovery.'' Hence, wehear ofsuchthingsas Balboa discovering thePacific Ocean, ignoringthefact thatthere'were Native Americans who used its waters on a daily basis. It is for similarreasons that I haverefrained from usingthe term' 'new world torefer to the' 'Americas'' because whilethis hemisphere was new to Europeans, it was not new to the people whohave lived herefor centuries. As onecommentator concisely put it, "the onlything Columbus discovered wasthathe waslost.'' Columbus was nothingmore thana greedyimperialist pirate who set out torob the peoples ofthe East oftheir wealth. Hence the origin ofthe misnomer' 'Indian torefer to the native inhabitants ofthis hemisphere - Columbus thoughthe hadlanded in India. What can be said with certainty about Columbus is that he initiated a process that culminated with the nearextermination ofthe NativeAmerican population and the enslavement ofmillions ofAfricans. The legacy ofthe latter which included the notion ofthe inherent inferiority ofthe non-European people is alive andwell withus to this very day. Thequestionathandiswhetherpeopleofcolor and indeedprogressivehumankind should have anything to dowiththe commemorationofthe500th anniversary ofColumbus' accidental arrival. First and foremost, there is nothing for us to celebrate. It is, of course, quite understandablewhytheestablishmentwouldhavereasons to participate inthis celebration since his accidental landing initiated a process that culminated in their domination ofthe socioeconomic and political life ofthisand many othercountries in the Americas. Ourtask should be oneoforganizingto expose to the rest ofsociety howmuch ofafarce this celebrationreally is. Joseph Hughes COMMENTARY: OF LIFE, AND MAYBE LAW by W. F. Trezevant, Staff Writer . For some time now we the students haveheardendlessreportsofthis budget axe falling and that budget axe swinging. We have been asked to be cooperative withthe goals ofthe administration as we "collectively" attempt to get through what are admittedly difficult financial times. Simply put, wepay more, workharderandvolunteer moft for what appears to be less and less. While wehave registered ourconcerns and gripes over the changes, wehave attempted to do the best with what we have. We all recognize the various individuals and groups thatcontribute to the community which enhances the reputation ofthe law school, as well as the administration which runs the school. All we have asked for in return is a quality education that will prepare us to compete inthe jobmarket we have chosenas ourprofession. However, notwithstandingall diethings thatmany ofusdo, wefindour law school seemingly supping through ouracademic fingers. Theacademic infrastructure ofourschool is disintegratingaroundus much like theroads and bridges we driveon. Whether or not we wish to acknowlit, edge the end oflast semester marked a turning point in the future ofourlaw school. I do not wish to quibble over or become bogged down in a discussion on the various reasons. Rather I am hopeful that we as a community can agree that we have a serious problem facing us which is not getting any smaller astimemoveson. Having doneso, we can begin to resolve the problem collectively. I am certainly not trying torush this law school intothe emergency room without cause, yet it would appear that something must be done to stop the hemorrhaging of faculty and course offerings. We cannot .1 j forget, for instance, thatthedeclineincourse offerings affects our ability as students to successfully prepare for the bar and I don't mean "Cheers." Similarly, the decline infulltime faculty affects the accreditation ofthe schoorwhich, to say the least, dramatically stimulates orconversely stiflesthe growtho the schoolas wellas theprofessional careers ofour faculty (UBLaw schoolis due up foran accreditationreview within the next couple ofyears). In either case, whatapparently isa series ofisolated events translates into quite a fiasco unless steps are taken by the administration. We simply can afford to delay no longer, lestwe jointhe battleafter the warhas been lost. On a separate matter entirely, it is quite disheartening to find thata member of our student community,DarrylMcPhersona 3rdyeardirector,circulated aletter outlining the steps necessary in order to ensure the "takingofwhatisrightfulryours." Thephysical object which was the focus ofthisletter wasnoneother than Professor Muhammad I. Kenyatta's office. What isparticularly disturbing about this letter is the date (January 14,1992)only one day priorto thememorial serviceforourfallencoUeague. Infact.ifmy memory serves me correctly, the letter indicated that a quick decision made while the "third floor" is still reeling from the emotional fallout ofKenyatta's death is necessary. The letter finally went on to state that Mr. McPherson wasquite comfortable in the role of a "cold-hearted bastard." I am sorry that space will not allow me to print a full editionofthis letter, however, 1am quitesure Mr. McPherson willbe happy to provideone to you as yourrepresentative on the SB.A. Personally, I'veusedmy copy tocleanupafter my dog,Chief. �and look, I say,but in the mean time, I demand One Man's OPINION by DARRYL McPHERSON Heard any good jokes lately? If you based on cannibalism and the JeffreyDahmer case. The topic has certainly been discussed in criminal law classes across the country. It raises the interesting question oflegal sanity and criminalculpability and responsibility. It also presents thecurious problem ofproperly meting out justice. Whatcanwedo withaguy likeDahmer? That he isway out there isagiven. Buthowfar goneistoo far? Ornot far enough? Clearly,the man is intelligent and calculating. If being criminally insane is the inability to distinguish right fiiomwrongasproposedbytheM'Naughtan , case, then there s apresumption thatthereis a definable line between sane human acts and insanehuman acts. I don'tthinksuch a line can beclearly drawn. Within the broad spectrum ofhuman activities and human personalities, each personhashisorher limits. Somepeoplecouldn't fathom sky diving or mountainclimbing, yet othersthrowofftheirapprehensionsandjust do it. I can't conceive ofraising my hand against a defenseless woman, however, a chat with anyone in theDomestic Violence TaskForce willquickly show thatithappens fartoo often. Simplyput, what one personmayor may notbe capable ofdoing cannot be known with any certainty. As I seeit, I don'tthink thereis such a thing ascriminal insanity. Knowingright from wrong is onething,and being ofFyourrockeris another. Don'tdoubtforasecondthatDahmer didn'tknowwhathewasdoing. Heknewthe repercussions ofevery sick thing he did,but didn'tlet society' s standard stop him. By their very nature, people are differhave, at least oneofthem wasprobably . Features Editor ent. No one can set the standard for what is acceptable inanotherperson'smind. Thelaw can establish what societyas a whole will not tolerate, but an individual need not agree. Society can try to impose its expectation, but invariably there will be those who will challenge it. Those challengers generally aren't understood. When they do something good, these people are called visionaries. When it's bad, they're called insane. Atsome point, a vegetarianrealizes that whathe orsheis eatingwasonceanotherliving thing. Now, I'm aware ofthe same fact, yet I havenoproblem finishing aroastbeefsandwich. Iflcouldholdsuchamindset without guilt,how much further away is cannibalism? Meat is meat, afterall. DoesanyonerememberRggina. v. Dudley and Stephens, the infamous Crim Law case where two guys in alifeboat lost at sea kill and eat a younger member of their crew? Were they insane ormerely desperate? Crossing thethreshold setbylawdoesn'tmake you insane, it makes you a criminal. Assuming Dahmer is found guiltyand not insane, what would be an appropriate punishment? Should serialkillers face a harsher treatment under the law? Also considering whathe didto his victims, Dahmer deservesa , sentence that s in line withthe brutality ofhis actions. Unfortunately, Wisconsin doesn't have the death penalty, sothe best onecould hope for islife imprisonment. Supposedly, howa societydealswithits criminals isan indication ofhowadvanced it is. An enlightened society doesn't kill. That rather generous view ofjustice is trulyblind, and the punishment need not fit the crime. Idealistically, it holds tothe idea thatcivilized people can find "abetter solution.'' Goahead Rex Imprimatur byJolinß.Licata Captain'sLog: 1/28/92 Somethingstrangehas happened to my I feel we' ye been at seafor far too long. Everyone whotakes tothecrow's nestcries out "Where's Waldo?! Where's Waldo?!" One sailor actuallyclaimed tohave found him but itturned outto bea discardedflag of Japan. Ourownsuppliesarerunning low and the various trinkets we have include a tattered, dog-earednewspaper. Thecrew crashed into my cabinafteroneoftheir numberspiedastory ofa shipwrecked crew that survivedby clubbingagoannalizardtodeath. I guessthey fear their ignorance ofwhat a goannalizard isand that iftheywere shipwreckedthelikely substitute would have to be yours truly. I assured themthat we wouldbe nowhere near Australia, home ofthe goanna, and that even ifwe were, the goanna lizard tastes a lot like chicken. Satisfied, they wentback to their timeeonsumingactivitiesofcompetinveheat-stroking and tai-chi. However, I prudentlyremoved thepaper from the communalreadingroom. I had learned thelesson ofkeeping mypublicas uninformed as possible when the cook inadvertently left dieevening mealtethered toapost inthe galley and a sailor proposed marriage while three others asked ifthe ewe hadasister. My crew isapprised ofitsfuture ona " needto no" basis, withme having the need to say no as often as a hundred times before the basic message finally sinks in. In a fit ofboredom Iread the paper. A story below the one thatcaused such concern among my dimlyconscious crew caught my eye* A man wasaccused of"rapingachildby force"(Buffalo.News, 1/26/92A-3). Raping by force. The term is akin to "stealing by crew. larceny" orkilling with death. Istherearape without force? A rhetorical question I grant you, but somewouldrespond that statutoryrape can occur withoutforce. I counterthat whena child is concerned, as it is here with twelve year old boy, theforce can occur mentallyby leavingthe child withno option but to submit. In the best light, itis gruesome. On the same page Jeff "I can't believe I ate the whole thing" Dahmerison trial. Iwas going toredact thatnickname but intheinterestof generatingmailIVe decided to leave it in. Ina wayitis indicative ofhow our society deals with its mass murderers- some quick humorand then change the channel. Since he's pleading insanity,and were I GerryBoy le, his attorney, I' d simply show thatJeffmaintained his primary residence in Milwaukee. If that doesn'twork.claimhevotedforReagan. Twice. Caseclosed. Essentially, Boyle needstoshow thatDahrnercoukln'tcontrolhis actions, didn't understand the implications of his acts, or didn'tunderstandthat whathe was doingwas wrong. If Boyle succeeds, he'll probably be tapped forChiefof StaffbyGeorge Bush. On another page an article stated that fruit flies died on the space shuttle by being subjectedto chemicals. I knowhowthey feel, having made a transatlantic journey myself that lasted long enough for me to become hungry. I didn't die, bul my stomach acted like it had entered a weightless environment by turningover several times. GeorgeBush gavehis StateoftheUnion addressonTuesday. Hewason three networks and still lost in theratings battle to "Three's Company"re-runs. In my travels I've heard many people satisfaction. Society cannot rise above its citizens. As long as thereare members that choose to behave like animals, any society- even an itself. If enlightened one- must act to protect , I kill someone in selfdefense, there sno questionthatI didtheright thing. When people like Dahmer start taking from people their most precious possession, their very lives, society must exact the ultimate penalty. I recognize that state-sanctioned murder cannot bring a victim'back. But I don't expectitto. Stopand thinkaboutyour favorite food. Thenthinkaboutbeingwithsomeoneyou love and how that makes you feel. A murder victim will never experience any of those thingsagain. Nowrmsupposedtobelievethat akiller is entitledtoenjoy the wondersoflife? That he can reap the benefits he permanently denied another? That's not fair. That's not justice. That view may seem base and craven, but it's rational- in the heart, if not the mind. Politiciansrally around the-deathpenalty because that's what the people want. It's an expression of our frustration and anger at a culturegone wild. A deathpenalty's deterrent value, ifany, is irrelevant. It should be viewed as apunishment that follows a particular act, not as a means to influence behavior. If it in factdoes, so muchthe better, butlet's not fool ourselves. However, there is something that I shouldmake clear. I only supportthe concept ofthedeathpenalty. Currently,I havereservationsabout itsapplication, and theallegations thatitisracially unbalanced. Ifitistobeused, itshouldbe usedfairly. Theentirepointofthe deathpenalty is tocreate equity, tobalance the scales, so to speak. Otherwise, I have no objection to giving the state the power to exterminate those that would prey upon its citizens. One final note: I find it disturbingly ironicthatthe man whogot John Hinckley off onthe insanity defenseis now defendingMike Tyson. Brrr,a chill windblows... disparage theattitude oflawyers. Many find them parasites ofthe human condition. With Bhopal as a yardstickitisn'thardto blast away at those solicitors who ply their wares in attractive leather cases. The difference between the solicitors whoare arrestedand those who represent those arrested is that the latter has briefs ina leather case whiletheformer is encasedinleatherbriefs. Litigationgunslingers can rest assured of the natural state of humankind. Remembertheßiosphere2 project whichplaced thefour men and four women in abig bubble to showthathumanscanco-exist withnatureforatwoyearperiod? WelLacritic oftheproject isbeing suedby Biosphere officials. Yes,thescientists trying toprovethat we havea brightfuture are tryingto silence those who don'tbelieve in the hypothesis. Clearly, noteverything isideal in this syntheticGarden ofEdea With thefraud and chicanery alleged by the critics it's obvious that sheathing half the human population in latex isn'tas attractive as first believed. Given the state of affairs within any union, even those ofa consensual nature, the Nineties version ofsafe sex has finally been given a name: flirting. Captain's Log: 1/31/92 We arrived early in the morning and I gave the entire crew an unlimited three day passofshoreleave. Peace has descended upon tibsO.P.P.Renegade as thelove starved crew is out placing personalads in a variety oflaw school tabloids inthearea. Thewholeprocess is born ofa sublimated desperation that surfaces fora few weeks in whatrapidly becomes the St. Valentine's Day massacre. Captain's Log: 2/2/92 I have hadcrew members commit acts ofstupidity thatGeraldo would be hesitant to report. But I think this crew has gonebeyond them all: seven oftheirnumber havetarnished theRenegade's reputation beyondredemption andjoinedtheGrandOldPartyofOldFarts. I think agoodkeel-hauling is inorder. Finley, cont. frontpage 1 discrimination and is therefore, as a personal injury, not subject to taxation. Theemployees won on appeal to the TennesseeCourt ofAp- pealsand the U.S. SolicitorGeneral petitioned theU.S.^upremeCourtonawritofcertiorari. Asoneofthirteen cases granted certiorari, from the hundreds submitted to the Supreme Court, Prof. Finley saidthe probability ofthe writ being granted seemed likely. The federal government had a strong interest in the case and the issue ofthe taxability ofTitle VII discrimination settlements has caused conflictamong theFederalCircuits. Although she has previously filed amicus briefs to the SupremeCourt, she looked forward to the experienceofappearing fororalargument. However, sherealized that this meant the road was not over for the plaintiffs. "There is always a desire to be very thorugh in your briefwriting, but because it is the Supreme Court, a higher standard is expected", Finley said. She therefore did not prepare hercase inisolation. The case created interestfromlawyers and organizationsacross the country who wanted to prepare amicus briefs. Prof. Finley said sheenjoyed theopportunity ofnetworking with these attorneys in developing her approach to the case and exchanging comments ontheir briefs. She also discussed the case with her law school colleagues who specialize in tax. The greatest pressure she experienced was time, giventhe fact that her brief was due two days before Christmas. Amicus briefs were filed by such organizations as the ACLU, NAACPand The Legal Defense Fund. The AARP (American Association ofRetired Persons) also submitted a brief, given their interest in the impact such a case could have in age discrimination suits. Toprepare fortheoralargument,sheand her father participated in two mootcourts in rehearsalfororalargument. hallowed themto prepare for potentialquestionsand obtainfeedback from questioning attorneys. Prof. Finley' s father, who wasinvolved in the underlying case, actually stood before the court. Justice Scalia was very interactive with questionsas were Justices O'Connor and Stevens. No questions were asked by Justices Thomasorßlackmun. Prof. Finley mentioned that one personal impressionoftheSupremeCourtwasthe courtesy ofthe Justicesand theirstaff. Before entering the court, the Court Clerk gave both partieshelp fultips. For example, heinformed them that due to Chief Justice Rehnquist's back problem, he would periodically have to leave hisseat and stretch sothat they should not feel it is areflection ofhislack ofinterest in theirissuesorcomments. Theclerk also noted "Never forget to refer to Chief Justice Rehnquistas 'ChiefJustice'" Finleyalso mentionedthe traditionwith which the court is conducted. The Solicitor General appeared in the traditional morning formalattire ofgraytuxedo tails and each side wasgivenaquailpen(youcouldselectarighthanded or left-handed pen). ProfFinley also noted, however, thatthelawyers lounge only hada men'srestroom and women attorneys had to use the women'srestroom in the hallway. Prof Finley stated that a decision in this case would have a significant effect on future personal injury cases. Shouldthe government win,it would make settlement more difficult as plaintiffs would demand more money knowing thatsome ofit wouldgo to the IRS. Itwould also cost employers moremoney ifitis consideredbackpay since they would have to pay employer tax contributions. Prof.Finley, whoteaches Law, Woman and Equality, Tort Law, and Research and Writing, said that it wasa cherished experience. She stated that such an opportunity allows ateacher to translatethisknowledge to students and help them in developing their writingand oraladvocacy skills. Remember... February is Black HistoryMonth February 3,1992 The Opinion 5 �From the Desk of the President by Brian P. Madrazo Third YearDirector Elections Tuesday and Wednesday,February 4th and sth, the SBA will be conducting third year class director elections in front ofthe library from9:ooa.m.to4:oop.m. Allthirdyearsare eligible to vote in the election and write-in voteswillbe, ofcourse, accepted. Please take the time to stop by and vote. moving 0n... Red Cross Blood Drive The SBA will be sponsoring a blood driveMondayandTuesday,February 10thand 1 lth, from 10:00 a.m. to 3:00p.m. in thefirst floor loungeofO'Brian Hall. Please stop by and donate, apparently theyare in urgentneed right now and every littlebit helps. The goal is fifty personsper day. Last semesteroverone hundred people donated during the two day period. Hope to see you there. moving 0n... Food Drive The SBAwillbehelping out onaValentines Day Food Drive. Please bringfood tothe election table onthe 4th orsth, or stop by and leaveit in the office, room 101 O'Brian Hall. Lookfor further announcementson thisdrive. moving 0n... Committees As of January 30,1992 no student has turned inan application fortheBudget Committee, Orientation Committee, Speaker's Committee or Commencement Committee. Curiosity is my onlyresponse. The Budget Committee will consist of seven members oftheBoard ofDirectors,two fromeachclassplus theTreasurer as Chair,and two students who are not on the Board of Directors for atotal ofnine voting members. Furthermore, the President, Vice-President and Secretary ofthe SBA will be ex officio members ofthe committee. This committee makesrecommendations to theBoard onhow to allocate next years budget, hence it is an important committee. Enough said. moving 0n... Budget Process Attention Groups andall interestedparties. The Budget Process has started. Budget Packetsarealreadyinyourboxes. Ifyoudidnot by Renei Walner To outsiders, the South can seemabafflingandcuriousplace. Oflate,ithasbecome increasingly popularas asetting forboth film andtelevision, perhaps spurred onby the successofthefilmsDriving MissDα isy and Steel Magnolias. These Southern settingsare most notable for presenting a broad spectrum of femalecharactersoften missing frompopular entertainment. FriedGreen Tomatoes marks the latest entry and on occasion can be evocativeand stirring. FriedGreen Tomatoes tells two stories. One takes place in the present and the other depicts the memories of one character presented in flashbacks. FriedGreen Tomatoes moves between scenes depicting the new suburbanized Southand thoseofasmall southern town duringtheGreatDepression. Jessica by Robert Garnsey The last few yearshave seen a veritable bonanza ofgangsterfilms,ranging in quality from Martin Scorcese's Goodfellas (which I stillsay deserved Best Picture last year), to the elegantbutultimatelyunsatisfyingGodfather 111, to last year's pathetic Mobsters. As a service to fans of mob movies, here is a rundown ofthe best ofthe recent crop, some of which are available at yourlocal video store, and some of which are still in their first or second runs at the theaters. GOODFELLA S. No questionabouttithebest gangster film sinceGodfather I and 11. Fast, funny, andru rii his in its paceand punctuated with graphic v iolence, it's a terrific story oflife in the Mafia's fast lane as told from the perspectiveofniobstcr-turnedinformanl I lenry Hill. The cast, including Joe I'esci, Robert DcNiro,andßay I iotta, is superb. A must-see. 6 The Opinion get one extras are on the door ofthe SBA. In a nutshell here are the pertinent dates. February 21,1992-All Budget Requests due in the SBA Office by 4:00 p.m. March 16 20,1992 Budget Committee Hearings, these are mandatory for both the members ofthe Committeeand thosewhoare requesting budgets. March23,1992-Proposed Budget sent to the Board ofDirectors, groupsand to The Opinion. April 3,1992 SBA BudgetHearing to Itwillbe2:3o approve Budget for 1992-1993. , p.m. -???inroom 106 O Brian Hall. Mandatory fortheßoardofDirectors. Note: Rollover Requests are due from the various student groups. Make sure you pick up the proper request form. No hand scribbled notes orlast minute phone calls! April 15, 1992 Vote on rollover re- - - - - quests. moving 0n... Executive OfficerElections This is the official time table for the election ofthe next setofofficers ofthe SBA. February 17,1992 Petitions available March6,l992 -PetitionsduetotheSßA by 4:00 p.m. March 16,1992 Candidate Debates and , Forum3:3o-s:oop.m.roomlo6O BrianHall. March25,261992-Elecrions( Wednesday and Thursday 9:00 to 4:00p.m. in front of the Law Library, write-in votes are allowed.) March 301992 RunoffForum ifnecessary (room 106O'BrianHall3:30 to5:00p.m.) April 1,2-RunoffEkction ifnecessary (in front oftheLaw Library from 9:00 a.m. to 4:00 p.m., no write-in votes are allowed.) moving 0n... Meetings The SBA willbemeetingon Wednesday , eveningsat7:4sp.m.inroom7o6O BrianHall. All are encouraged to attend. I apologize for the latenessofthe hour butthere simply was no othertime when every member ofthe Board couldattend. Room 706 is theconference room on the 7thfloor withthe round table. It has a nice view so come on up and join the fun. The last official SBA meeting of the - - - SBA: Up Close & Personal by NatalieA. Lesli, Business Manager TheSBA is back in session witha new constitution and a new meeting time and place. Not much new business has been conductedyet,butthe agenda forthesemester is full. Check out SBA President Brian Madrazo's article for the schedule of upcoming events. A major portion of the remaining unallocatedreserve fund was givenaway at the last meeting. The recently recognized Buffalo Environmental Law Journal requested $300 from the SBAaftersubmitting a very impressive budget proposal. The responding to a proposed change in thelaw school policy on dropping courses. Currently, the p< >licy has been thata student may drop a course any time prior to the final examination. The withdrawal would be indicated on the student 's transcript, thusdiscouraging latedecisionstodropcourses. The proposed policy would require students to obtain the Associate Dean ofStudent Affairs' permission beforedroppingthecourse. Members ofthe SBA voiced numerousconcerns withregard to this new policy, including the fact that the decision was made $300,whichrepresentsatinyportionofthe without significant studentinput, is unnectotalamount necessary for this type of unessary, and shouldbe voted on by the entire dertaking, was given to the journal by a faculty. I'm sure that we'llbe hearing more UNANIMOUS voteoftheSßAClassDirecabout this... torspresent This marksthe veryfirst unaniAs I have stated many times before, mous vote oftheyear!!! Congratulationsto the SBA welcomes any and all visitors to the Buffalo Environmental Law Journal. I their meetings. It really is the best way to didn'tbelieve that I would everseea unani- find out what is going on around here. The mous vote fromagroupofpeoplewho can't SBA meets every Wednesday at 7:45pm in even agree uponwhen to adjourn ameeting. Room 706 (the funky round room onthe top The SBA is also in the process of floorofO'Brian). Seeyouthere?! a semesterwillbeApril 15,1992. Theincoming will be open 500 moving 0n... Executive Committee will be introduced at January 29,1992 Meeting this meeting. They will not be installed until The onemajor financial piece ofbusiMay 1,1992. ness conducted at this meeting was the apmoving 0n... provalby theBoardofDirectorsofthe Buffalo SocialUpdate Environmental Law Joumal'sbudgetrequest The SB ApartyatMulligan's lastThursday wasa smashing success. Over2Bopeople ofthreehundred dollars. A numberofresolutionsand proposals attended and although I could not stay forlong I must say that quite a few law students can on late grades, drop/add and teacher evaluadance! Onecriticism is that the beer ran out. tions were sent to committee and will be The SBA will rectify thatproblem at the next brought to theBoard at our next meeting. Wrap Up party. Hope to see you at ournextevent, look Big events coming up this semester forannouncements in February. include BPlLP'sannualPledgeDriveinMarch, moving 0n... Smoking Lounge BLSA 's Black History Month inFebruary and You may be wondering whythelounge theInternationalLaw Society's Internationalis not open yet. Basically it is because the ization oftheLaw Conference in late Februshelving unitsthatare in the room need to be ary, rmsorryifl left anyoneout, drop meanote taken apart to get them out. Untilthey go we and I'll giveyouaplug inmy next article. Stop cannot get the painters in theroom to paint the by and let us know whatyou think the SBA floorandwallsnor will much furniture (it in the shouldbe doing,what weare doingwrongand room with the shelves in there. Dean Cook what, ifany thing, wearc doingright Rememassures me that a rush order is in toremove the ber we are yourrepresentatives, tell us what shelves and given thetremendous jobshehas you think. Until next time. done inthepast I have nodoubtsthat the lounge Movie Review: Fried Green Tomatoes Tandy plays Ninny,a spry 82 yearold woman living ina nursing home whois partial to high top sneakers and argyle socks. She meets Evelyn, played byKathy Bates, apretty, somewhat overweight woman visiting a relative. The two women strike upan easy friendship and before long Evelyn visitsNinnyregularly. Evelyn finds herselfat a curious stage in life. She is irritatedby her sweet yet un-romantic husband and furiously attends assorted selfimprovement classes to fill the voidall to no avail. She finds herselfdrawn to Ninny'sjoie de vivre, sprightliness and captivating storytelling, particularly one involving two young women Ninny grewup withand knew particularly well. ThebetterpartofFria/G/m» Tomatoes From the Cheap Seats GODFATHER III: I kept waiting forthis movie to take off, to draw me into the story the way the first two films ofthe trilogy did. It never happened. This film, for the mostpart, lacks the power and dramatic sweep ofits predecessors. Italso falls victim to unfortunate casting—SophiaCoppola fails toconvince as Michael Corleone's daughter Mary, and it's hard to figure out what George Hamilton is doing here. Still, the film is beautifully made, and thereare moments--particularly Michael's confession ofhis many sins- that pack the emotional punch whichFrancis FordCoppola is capable of. Bl IGSY: Still going strong at the box office and a loading contender at this years Oscars, Hugsy is director Barry Lcvinsons entry into Ihe mob genre and a fine (though February 3,1992 restaurant. These womenare quiteunusual for the time, since they adamantly serve both takes place when presenting the story ofthe black and white people in their restaurant, young women, Idgie and Ruth, and the bonds taking on the Klu Klux Klan in the process. they forge with a loyal group ofblack co- Intrigue is added by an incident involving workers. Idgie, played by Mary Stuart Ruth's husband, whoisfaced withthe conseMasterson, is fiercely independent and fearquenceofneverovercominghisovert hostility. less, and outto live lifeaccording to her own Fried Green Tomatoes is less successrules. Hurtbythedeathofherbrother,shehas ful when it attempts to be amusing AsEvelyn forsaken her family and finds solace in the hears thestory ofthesetwocourageous women, amiable bunch gathering at a local tavern. she is supposed to be deeply affected and Idgie begins to heal once she develops an evorveintoamorefree-spiritedperson. Unforunlikely friendship withRuth (Mary-Louise tunately , these events arepresented in a sitcom Parker), who seemsquitethe oppositewithher like manner which ultimately has a jarring pretty feminine dressesand lady-like behaveffectonthe movie. As ifto compensate, some ior. Fried Green Tomatoes doesagoodjob of potentially mawkish moments are bypassed. depicting their friendship, especially when Overall, the performances are all quite good Idgiehelps Ruthleave an abusive marriageand and at times Fried Green Tomatoes achieves the two become business partners in a local a certain lyrical quality. Housing Clinic, cont. from page 1 originally scheduled to begin in 1989,but was Siegel, the debonair hood who built the Fla- delayed by the State Historical Preservation mingo Hoteland virtually founded Las Vegas. Office. Othercircumstances which factored Beatty' sperformance shows us both sides of into this delay were that the cost ofrehabilitaBugsy: the visionary and studentofelocution tion had skyn>cketed yetthe rents had to bekept who wants to make Vegas "an oasis in the as low as possible, and that there wasa need for desert," and the raving psychopath whocan special designs and materials to accomodate turn violentat amoment' snotice. Although the any tenants suffering from physical disabilifilm is a bit too long, the cinematography is ties. This made the already difficult job of great and the supporting cast, particulary Ben financing much more burdensome, however, these problems have been solved and occuKingsley as MeyerLansky, is terrific. pancy is expected in December ofthis year. flawed) one at that. Warren Beatty gives an outstanding performance as Ben "Bugsy" GIVE BLOOD Thereare c urrenllynine lucky students in thehousing clinic, a group described as being very diverse, with a w iderange ofinterestsand different reasons for participating in theclinic. They have very large shoes to fill and much to accomplish, butProfessor Hezel is confident thatthey will dojust that,and probably more. �■ asf dfsdafsdfsd ■ Human Rights and the Legal System in Zimbabwe PHI ALPHADELTA LEGAL FRATERNITY Mr.Kempton Makamure presents Jill Leonard Dean, Faculty ofLaw University ofZimbabwe Tuesday, February 4 2:00 p.m. International Field Represetative Tuesday, February 4th Comefind out what PAD is all about First FloorLounge, O'Brian Hall 12:00-1:00PM , Faculty Lounge, sth Floor, O Brian Hall Sponsoredby: The Graduate Group on Human Rights Law & Policy and the Black Law Students Association Pro-choice planning meeting SixteenthAnnual Martin Luther King Jr. Commemoration A planning meeting will be held in order to establish an ad-hoc coalition to stop Operation Rescue. SBA Meetings are held Wednesdays 7:45 pm in Room 706 O'BrianHall Keynote speaker: Morris Dees "The only thing necessary for the triumph of evil is for good men to do nothing." -Edmund Burke Tuesday, February 4 Thursday,February 20,1992 Slee Concert Hall 8:00 P.M. -angston Hughes Institute (25 High St.) NoAdmission- Reception to 7:00 p.m. follow • I * A.W.L.S. • In Celebration ofBlack History • February Events Wednesday, February 5 # 1992 -- General Meeting, 3:30, in Women' s History Month; the First Floor Lounge. To be discussed Pro-choice activities. All welcome! Wednesday, February 12, 1992 wine and Cheese Reception for students, attorneys and anyone else interested in the "A.W.L.S. Connection" Mentor Program. Meet your mentor from 7:00 9:00 pm in the Faculty Lounge. - -- - Month U. B. Black Student Union presents: I • Dr. Leonard Jefferies • • Chairman ofC.U.N.Y. Black • Studies Department • on I • • I • : I * History and Education in America • U7DiefendorfHall Friday, February 7,1992 I : 8:oop.m. Free Admission • For further info., contact Javon Johnson Tel. 837-5977 ••••••••••••••••••••••a • p——————————————————————————* Jr J? ffl II j f \ Ij Love Blurbs! V«JI\V-LCj jnThe Opinion's specialValentines Day issue. Express those burning, churningyearnings from your heart, or any other passionate regions. THE BUFFALO WOMEN'S JOURNAL OF Call fokPapers— mm m Ch A Circles encourages the submission of | Wi IJ (As editors,wereserveIheright toeditforboring prose orstudent apathy.) i i scholarly articles commentapfipoetry, I fittiiki, book reviews and qrt work. I \For more infarmation,caUB3B-093^ VOO deadline: February 15 I \ Jff' WriteyourLovedittyhereandplaceitinßox443orsl2and watchfor it in theFebruary 12th Opinion Valentine's Day issue. b—————————————— ———————————— February 3,1992 The Opinion ! J 7 �'■" —-— 1" New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d04b85b023850089e2d3c2a615328f3f.pdf 46c216b43c0650225b7845347e1bcdcd PDF Text Text THE OPINION Volume 32. No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 12,1992 Library, BegiPar Bar, nkni.n.g The byJo/inB. Licata, iEditor-in-Chief I hadbeen quested to search for the meaning of love. A friend in desperate straights had exacted from me a pledge to provide a definition for the intangible goal. In a smokey wharf-rat infested tavern I met a noted philosopher and human observer. I asked the scholar the meaning of love he responded, "In a word, legs. How long, how tan, and are they walking toward me or away?" Of course, he was only noted in a small tightly knit group of beer swilling men so I didn't take his advice to heart. I then talked to a sage who described love as "Lust, luck and the eleventh hour." Given his amount of unspent lust and paltry luck, I took his advice with a grain of salt. A third advisor said that the essence of lovecouldbe found in the phrases "Carpe Bosom" or "Carpe Buns.'' I took this to be a sign to move my own buns along the trail in search ofa workable definition of love. I stepped into the sunlight and went my morose way. The deadline for the newspaper was looming like a white whale offthebow of the Pequod and I was looking for a sealed casket. The next stop was the library. Books and bums were there aplenty, equally inviting and equally embraceable in my state ofmind. When I approached a silver haired woman she simply silenced me with a glare. I' d get no answers in this mentor for he looked at the two of us for a second , then asked,'' Isthe answer Jesus? suit, "For some." The interloper was visibly torn, hecould find his answer but it would taketime. He then looked at his watch and went on his way whistling tunelessly. It reminded me ofa child humming with his hands over his ears to prevent hearing something unpleasant. I was stumbling in search ofthe answer to the eternal question. Ihad vaguely suspectedthe post office and greeting card companies ofconspiring to create a market where none truly existed. If nobody knew what love was, how could they presume to seal it in an envelope at the rate of 29 cents an ounce? At that rate love cost more than sirloin steak. Now, here wasaman teasing me with an answer. His eyes belied hisknowledge,ensuring me that hehadtheanswer but I wouldhave to work for it. I hedged my bets and guessed thatthe definition was protean, changing for each person. I think anew, as each moment passes, there are so few, a promise lasting. tomb. I went to the park and had a chile dog. On a bench an ageless man sat stonily observing the passersby. He didn't flinch when a cart screeched by or when a bird landed on the sidewalk in front of us. His dark skin had no blemishes and the brown eyes rarely moved. The sun was delicately reflected from ahairless headcreating a nimbus for this being. I had to ask my question. He slowly turned toward me, an expression faintlymocking my question without insulting me. "You want me to define an emotion that has toppledempires, removed leaders of nations and ruptured seemingly indomitable friendships? This is whatmotivatesassassins to kill, spouses to abuse and siblings to donate kidneys. An emotion so elemental to the existence of every human being that the simplicity of the question belies the complexity of its origin? This istheeternal question.'' A man in a suit went by mumbling to himself. He must have overheard the last statement of my Indeed, I look so long, for time so fleeting, my heart waiting for the meeting. Every moment I savor, the flavor, ofcaring, and sharing, laughter and love. Let us all take time to enjoy the befuddled nature of romance for which this day set is aside. -Francis T. The Thought, The by W.F. Trezevant, Staff Writer "To make the effort... to take the chance .. Carpe Diem or Carpe Dumb," thought Aloyious Krum having just read the great poets. But, he pondered, why were all the greatpoets dead? Did the explosion prove too much for their delicate hearts, or did fate and the knife ofrejectionconspire to do them in? Alas, he concluded, these were questions too serious for further consideration in his present emotional egg-shell state. Today is Valentine's Day across the nation but for Aloyious, it isjust Friday, the day before two long days of tortured twists as he lay in bed debating what shouldbe done, or rather what is required of him by his beloved. Yes, he assured himself, ' My mentor responded without looking at the ' 'When you stand in the middle oftheroad a truck is sure to make your acquaintance. No, it's the same for everybody. We have the same basic drives to find that special person, the same rudimentary emotional state that requires, above everything, to locate a companion,'' He fell comfortably silent, not concerned with my response. I mused silently, hoping to appear wise in this man's presence for no apparent reason. In an irrational way I wanted to make him proud of my own insight. Is it found in youthful exuberance? He smiled. "It is found only when it is reflected." I slowly realized that talking to a sphinx wouldhavebeen easier. I madeanother effort and compared love to a vast beautiful horizon only comprehended when seen in segments. "I've always been intriguedby the comparison of love to beauty, as though they were inseparable and integral parts of the same entity. The human mind has, regrettably, been constructed of very convoluted matter. I mentioned a number of ugly events spawned by what I hold to be the sublime. How can that be?" He hadthe expression ofa manresigned to a great sorrow. I was quiet as a churchmouse hoping He was thinking of something to add. "It's being vulnerable to a select group, a groupas small as one person or as vast as theentire planet. It's that brutal honesty that hurts you and nobody else, the honesty of the self. It's the integrity that does not bend, regardless of the tempting lie to make it easy on your chose group. It's embracing your mortality by forging an immortal bond. It's paradox and accord. It's both rare and common. Love is the of pinnacle of human interaction, the quintessence ofthe human dynamic." I had closed myeyes to the rhythmic intonations and with the final words echoing in my mind I opened them to thank the man. He nodded solemnly and wished me well in delivering mymessage to whomever wouldlisten. In a moment I was alone and I still don'tremember seeing him leave that bench. Later in the week I met up with the my friend •and I told her what I'd learned. She said, "Maybe I should've gone myself." Moment,The Impulse...The End another year of study this issue would take. Next February 14 he wouldbe ready to set out and take his"steady".tobe. Yet there she stood, the objectof his heart, the subject of his thoughts, MATILDA. Seemingly fragile though assuredly strong. Here stood Aloyious, a paradox of his own existence paralyzed by inaction. He thought twice ... then thrice of his previous decision, left simply with the confusion ofcontrasting feelings. "Perhaps now is the time." The thought flashed. His heart quickened. Coffee...? Conversation . .? Or maybe dinner at Kentucky Fried Chicken. Poor Aloyious is only a student on a . fixedbudget. She began to move. His heart began sinking, prodding him into thinking, " all was lost.'' Yes, he acknowledged in a silent whisper audible only to his intellect, drownedbythe outcry of injustice and calls for action from his enraged libido, he will resign himself to the simple role of pensive pragmatist. With head hung low, he also began to move, slow. .ly towards the mailroom as the ashes of dreams, hopes and desires smoldered for lack of oxygen. Aloyious dumb, I mean Krum need only have opened his mouth and ask for his mind to flourish with the input of the thorough!y intelligent and engaging Matilda. . �Vμ MM Love Blurbs! 3b ii OPINION Volume 32 No. 11 Krista, IfyouletmeplayinyourpropertyJ'Ushowyou my toxic tort. Scooter February 12, 1992 John B. Licata Editor-in-Chief: Andrea Sammarco Managing Editor: Business Manager: Natalie A. Lesh News Editor: SaultanH. Baptiste Features Editor: DairylMcPherson VitoA.Roman Layout Editor: Michael Radjavitch Photography Editor: StaffWriters: Kevin Collins, W.F. Trezevant, SrikantRamaswami Wanted: A loving woman who' s impatient and selfish for 2 minutes. L.D.S. SWF, 32: That was turkey and cheese with lettuce, tomato and mayo. Right? B. Dave J. We'veheardaboutyou. Let'sgo fordinner. The Jills Editorial MD Is that English Leather you're wearing? HibernianBabes Wanted: One ormore good women unfamiliar withthe word commitment. Like to cook, clean and sew. Independently wealthy helpful, but not necessary. Send resume and picture in lingerie. Dear Editors, Welove the work you've been doing this year. Keep it up YourLoving Admirers SWM 3Oish seeks woman for long-term rela- Next Opinion issue: tionship. Barking is a plus. Send picture and tape. February 18,1992 Articles Deadline: Friday, February 14th Place them in Box 443 or 512 ToLou, Theearly times wespent turned intolate times becauseofyourextra large,pour-it-heavy hands. p..........................^ ! 60's Party I ! CHEERS i - # I Opm lam All night well liquor & beer Come Get Down to the Motown Sound Misty s 3rd Annual Peace & Love B-Day Party (a.k.a. MistyDrops Party) - (come see live video ofMisty giving birth subject to FCC censorship) & Alexandra's 2nd Annual Anti-Valentine'sDay Party (a.k.a. Shoot Cupid Party) (come tell someone you love thatyou need more space) Friday, February 14th 491 Stockbridge L.......................... J The Opinion February 12,1992 Charlie, ThisBud's for you, babe. Keeponstrokin'. Mahindra, Something inthe way you move! WWI JBL, HappyValentine' sDay to a wonderful& caring guy whohas made my law schoolexperienceall the more enjoyable! JSU P.S. You didn'treally fall for this, did you? GregD. Let's stop this charade! Z-- DJ Why haven' t you called me sincethe Halloween party? Stymied Alison- Laurie, My deepestwish is thattogether you and I will discoverall that is within ourselves. Youare one of the truly magnificent, and you will always have my love. Cinema Paradise was a greatmovie. Dave Roger Ebert here. BaldyCrew, You nasty people havemade my lifealiving hell—lhope you 're proud ofyourselves! Love Always, Pete & Michelle Viscious, Viscious, Viscious LT, What is Kristin's last name? Chuck, Iheardyoubraggedtotheboysaboutgettingmy number. Wanna bragabout getting more? P—a Lynda T. Having a really great time. Wish you were B. , 838-0855 MatthewI saw you across the room at ourlastparty, then I left. Go figure. MM The Hogs Opinion Mailbox l4s9HertelAve. Thur. Feb. 13 * To the 1Lchicks in Section 2: Youmake my love bone want to rockand roll. M.K. The ideas expressed in the "Lettersto theEditor" and on the commentary page are notnecessarily endorsed by the EditorialBoard ofTheOpinion. 2 Law School Women: Doyouthinkyoucanloveme? Fmastinker,not athinker. Bubba 1. That's where the Studmuffin studies. 2. Searching for an unbroken chair can beturned into a real ly fun game 3. Easy access to Professor Blum. 4. Most carrel dividers have peep-holes. 5. Can practice your oral argument and no one seems to mind. 6. Best spot to meet a Mcd student. 7. It's where Voyeurs Anonymous has their weeklymeetings. 8. Are there any other no-smoking lounges? 9. Always wanted to meet an undergrad from Korea. 10. Close enough to hear the sex games in the carrels HAPPYVALENTINE'S DAY Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. The Opinion ispublished every two weeks duringthe Fall andSpring semesters. It is thestudent newspaperoftheState UniversityofNew Yorkatßuffalo School ofLaw. The views expressed in thispaper are notnecessarily those ofthe Editors or StaffofTheOpinion. TheOpinionisa non-profit organization,thirdclasspostageentered atßuffalo,NY. Editorial pot icy ofTheOpinionisdeterminedby theEditors. The Opinion is funded by theSBA from StudentLaw Fees. The Opinionwelcomeslettersto theeditorbutreserves theright to editfor length and libelous content. Letters longer thanthree typed doublespaced pages will beeditedfor length. Please do not put anything you wish printed under our office door. Submissions canbe sent viaCampus or United States Mail to The Opinion. SUNYABAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo,NewYork 14260(716)636-2146 orplacedinlawschoolmailboxes443orsl2. Deadlines forthe semester are theFriday before publication. I I need aman who' s macro, not micro. M Top 10 Reasons to Study on 3rd Floor in Library: The Love Blurbs throughout this issue say it all Happy Valentine's Day! | bowl. M. I'm toldby myfriends that Fmquite attractive. I'm a Hibernian and a Tax Society member. I Kelly, Photographers: Paul Roalsvig Contributors: Bill Kennedy SWF,26,2LandAWLSmember: Secretly desire a hairy-knuckled type lo talk dirtyto me. I like to eat my mealsfrom adoggie GaryH. You wereright. I should'velistened to you. BillC. • Jan&Kell, Because ofyou two, I'm dropping outof law school to become a nurse. M.F. Law School Women: For the best 90 secondsofyour life, putan ox in your box. THETACHI Brian, I warnedyou totake advantage ofthepersonals. Now you'll have to buy a card to wish me a Happy Valentine'sDay. Chip, The thingsl want to say toyouare unprintable! A Secret Admirer KAR, Happy Valentine's Day! We know you were secretly hoping for apersonal and we're better thannothing, right? Jodi & Kellie �Michelle, Keep in mind—when you marry every day is TheWalrus waits, passionately lor the waveto crash. Don't forget my open shores Love, Valentine's Day! Jodi RodgerS. - - - Tara, Happy Valentine's Day! Isn't this just the Nora The finalchapter is almost writtenand I don't think I've figured out the plot yet. Is therean Emmanuel's forLife? Rex. - nicest personal? Jodi&Kellie Dear Lisa §2-1 live to flirt and talk dirty with Dear John M. section 2, Youknowhowmuch I love you...Don '1 avoid me! Wecan workthis out. You know we are right for each other. (Surprised.!) Love, Beth you... Blow him off. - Roy 2L Whips & chains, whip cream and Ik >t fudge, late at night, early in the mornirfg How's aboutall the time? Loveß.K. Lara, Lara, Lara Iliveto flossforyou.. .so'show 'boutalittle Top 10 Reasons to go to UB Law: John - AlthoughI pretendthat I have no interest, Isecretly wish I could spend the night withyou again and again... Big Blue Eyes. - BK, Thank you for hours of pillow talk, videogames after tax, yourinterior decorating skills, providing me with endless entertainment and justplain being you. Sometimes I think there should be exceptions to therule. Love, Mea.k.a. Buttercup ED - law school wouldn' tbe the same without you. We should have kept a journal! Do everythingI would do-andmore! loweyoualot - especially my mouth! Love you! PD RCF - Now thatyou'ye been afflicted withtrue love syndrome, itwon'tbe longbefore wecan call you chubbsy-übbsy. - Anonymous Jogger. SueZ. - Hope to see you smiling more often. - D.F. 1. Sun causes skin cancer. 2. My Mom thinks the library is for studying. 3. I want to marry my cousin. 4. I always thought Contracts were dead. 5. Money isn't important. 6. The Research & Writing Program isranked nationally. 7. My parents pay for school as long as they can't understand the grading system. 8. Hands on experience in deposing faculty. 9. Skiing! 10.Only place I was accepted HAPPY VALENTINE'S DAY - - - DJK You are too sexy for your hat. Jodi The Jodester. Culinary ability is plain to see when yourely on a can ofChefßoy -ar-dee. The Jacobs Crew. Bathe me in your warm blue eyes Sing me melodies - Burger & Fries Hang yourhead in shameshecries "Fmsickandtiredofyourflies!" - The Trez You've got so much style I can't imagine not seeing you in the halls ofmy life. Talk to me. - Lara 2L -1 miss you soooo much! Why do you spurn me? Love,Q. C.L. MikeO. Isither? What about...? Or maybe.. Could itbeshe? Isthereahim? Wedon'tknow either! Love, DaHogs Dear Seana, rmthinkingofkickingO.out! Youwannaplay house? Love youmore'n anyone—Pete Madeline, Your so sweet, nice and innocent. Let me corruptyou! My place oryours? Michael You didn't notice me at your party, Maryanne your taste in lingerie is only but I noticed you... Let'sget together without outdone by your useofit. Love, Mike F. Emily, Emily, Emily; Let's play hide-n-seek the crowd. L-Candi. inthelibrary. Iwanttoresearchyou. Loveme. Jen Pitarresi You are my goddess oflove. Mooney, The earthquakes, my thighs quiver,your needs create my very existence. ILoveYou,Ruthie David. prego. Love,H. DavidLask, I watch you move, I watch you speak,I need to knowyou. Better.. .to kiss you. Love, Sol Dear Pete, Iwasthinkingofkickingyouout,butlfeelsorry for you, oris it pity? Love, Margie AS I'd rather be squeezing and massaging your silky white thighs. VR Shirley Babes, Dance, talk, speakfeel-think I'd like to hear Jen-your teeth,your hait, youreyes-whatcan you squeal just a little bit (or more). S.R. I say? Thor CVG, Call me when youhave no class, or comment. - - D.H. Thesweet love ofmisty' s life; ice cubes were Bridget-1 wantyouagain!!! -Too bad we're fun, the cross dressing is great, I think I'm never in class together. - ? Scarlet - Going to Capitol City with a lot of questions. Atleastknowthatourfriendshiphas Hadji - Ihope you don'tmind I toldeverybody providedme withalot ofanswers. - Rex. about our night together - Hoboken isn'tthe same withoutyou. Love, Jane. Dear Berry-Ditch Alan. Love, Nils. Kellie - To the only woman whokeeps me off Sharon IL-Happy Valentine's Day. How can balance.lt'sbeengreatbreakingaCherry Pixie I make you smile? 3L Most eligible Bachelor. in a morallybankrupt condition. -Rex Zjuba, Zjuba! kiss? Schmeko - this feeling I have never felt. It's from your hour, it's from your belt. I'm so heartsick but no one cares, I think weneed to talkupstairs. I hope youand me can beand live happily ever after with C +C. Love, Pauley. Christina, To thecoolest, non-psychowoman (sorry, GIRL) I'veevermet. Don't forget me. Ican'tforget you. Love, Chuck MGR RSA -O.K. punk.. youVegottaaskyourselfone question: Is sheworth a sandwich and ashake? Gracie, Want to go out atjd kiss a little bit? I bet you do!! Hmmm,maybe me too! Ha, Ha, Ha, Ha. Yeah, right?! BBBBBBecky I need totast your, to feel you, Dear Dave F. want you, basically I live to useyou. XXOOXX Iwantyoutograd,butstaywithme. Ipromise to standon my headand drinkwithyou. for S.R. K. Jill I'm guessing that the X stands My lustknows no geographicalborders. Ican't wait to do it around the world with you! Knockout. Whynotgivemeahintandasmile? InternationalLover - TheGadfly. JohnFoudy, Why are you so shyaround me? Can'tyousee that I'm justa volcano waiting to erupt in the leading Mrs. U. - I'm doing a survey ofthe .Have a you favorite nominee? throes ofpassion? candidates.. Field Man. Youknowwho "JUDICIOUS" LOVE Joi, >tO-, K&JaMpV Vaughn, So, where the hell is the harem? LoveGoddess Bill Kennedy, Youcan drawonmy easel anytime. Remember to bring the magic wand, uh, marker. Patron ofthe Arts Natalie, I can't waitto seeyouon the soccerfield again. The things youcan do withyour feet and a ball are simply amazing! Sports Fan - To My Roadtrip Buddies We had talks of family, past and presentloves andpondered the questions oflife. Themiles never brought us answers, only memories shared. For a brief moment ourlives touched. Howcan I thank you for the careand conversation? -80KT - JSU Thanksforthemotivationand forfinding the cynical comment when words failed me. Whata heavy duty group ofValentines. JBL Aphrodite -What'sallthis "lick my butt stuflTvebeen hearing about? Talk, talk, talk, talk, talk. Puzzled but curious E-in-C: You curse like a sailor, You yell like Tarzan. But we respect you more than ifyouwerea man. - Dynamic Duo February 12,1992 The Opinion 3 �Hey Dan- Where'sthatpastramisandwichyou promised me? W. - - To A.F. looking forward to pillow talk and - long walks on the beach. B.M. Toßob&Stu-weloveyou. You made ourfirst year great. Signed the 1 st year class. - - To the Ladies WhoLunch Sorry I missed the last gossip session. Hope I wasn't the target. -AnEWerGuy. To the blue eyed, cute law student I see studying in the library Our eyes meet and westare - but saysomething wedon't dare. Don'tbeshy. Blonde shy undergrad. - - Mike R. Better not delay You only have 'til May Whenthe Baby Committee will beon its way. - - S.S. Youare in no way, shape orform repellent to men. D.M. - Johann You may not danceand you may sleep late but for you, I'd do anything because you 're mysoul-mate. Pam-1 know, some people never learn! I figured I'd bettersay "Happy Valentine's Day this waysinceyou'llbeso booked up Feb. 14. (NOT!) Love-Eva. Carla - Yourpassionate, palpitating feet! I want them nowin thepalm of my hand. Happy V. Day RJ - - Donna Behind thatinnocent veneer Weknowthatmischief lurks near. So let yourhair hang downloose and keep wearing those combatboots! - - - Dawn G. - Here's along distance Valentine. We miss you, Darlin'. D& D T.F.-Let's do the pool thing next week. I've gota new showercap. Johnny Weissmuller. - Dearß.Terry The way you sprawlacross the clinic doorway inreligious ecstasy makes me hot. Please comeand exhortme in the Miami - DearGen-You've cutme to the quick! Iwas going to make youmy firstlady, but now... - - Margaret Those long lanky legs, thatbeautiful smileJustknowing you, makes usgo that extra mile. We'd run a marathon for you, LindaS.-You'reasweetheart! HappyV.Day. TOP 10REASONS FORNOT SENDING VALENTINES IN LAW SCHOOL: 1) The studmuffin is already taken. 2)1 want to marry a doctor. 3) Can't put them in undergrad boxes. 4) It's easier to just ply them with beer. 5)Didn'tkm >w how no R& W duringfirst -Mrs.Peabody 6) Might be prohibited by faculty state- - ment. 7) That 'show Clarence Thomas started. LoveH.S.B.C. 8)To whom? 9) Headnoles are as close as wecome to fooling around. 10)WestPublishing doesn'tdo cards. DearVito Yougottasqueezeitbeforeyoucan massage it!!! Fondly, The Opinion Crew. r - - - Madman Buy medrinkie? BMD Girl. - Roger You god! Tvebeen trying to figure you out for one and a halfyears. Give me a hint. - D. Ellen& Butler - Yourshiny blondlocksbrighten my Sat. moms. Thank youMiss Sunshine-RJ. JBL- Twinkle toes and fancy feet, To dance with you is oh soneat. Oh, to beGinger toyour Fred Astaire We'd tell the plainest truth and risk the wildest dare. - 2 Chorus Girls Lara-Longing for anL.A.Valentine! Happy oneanyway. Miles. - Snookims -1 know you thought I'd never be brave enough to gopublic Oh, Snookooms, Snookums! - 4 - semester. Dearest Huggy, Sluggy, Buggy Chestnut- I'm very happy to be your(be mine?) valentine! Roger-Yousexygod, you. Why'dyougo&trim those cute curls. See ya' round. D. -anonymous Vho You squeeze me, massage me, put me to bed. Katie S. -1 thought you were going to quit! YourBad Habit. - - Who although she got there a littlelate, Certainly did nothesitate, To be that shoulder on whichto sheda tear orthefirst one to suggest abeer.-TMF Andres - Your sweetness fills the halls of O'BrianHalJs-you'reintoxicating! -an Anonymous Admirer. Pam-1 hearafrost iscoming. Betteruserapid -You Viking, YouGiantlnyourhandslcould be everso pliant. Sing me asong,you Norseman you OrI will giveyou somecitechecking to do. Brian (You Curly Headed Stud)- Behind the serious suit and tie we know there is a guy who'ddie to let his darkside out, be wild,be crazy, dance,and shout. SOCOMEON BABY, LET IT OUT!'!! - XT There oncewasa HurricanenamedKate. DearPruppus-Happy Varentine'sDay! We ruvyou! You'reaspeciarwiener. Ruvarways -theßawyers. Eric the Red (with that big scar on yourhead) Alex - Can wetalk? - Dorna Your devotion is great, it can't measure In all the world, am' t nobody better Because you're thought so highly of This comes withall our love A Valentine's Blessing To you we're addressing Becka-Bec-FIa.,NY,NC? Doesn'tmatter-you'restillo.k.tome! -RJ nexttime. - Dudley & Stevens. - For all yourhard work you 'renot paidany wages Not to edit text, nor blue book cite pages You're attractive to start And oh so smart We love you so dear Andare glad to spend all year With youwomen oflawreview; Niks- Touseledhead and wrinkled shirt.Knowing you, we've hit paydirt! ToR Parker-Wemissedyou forlunch. Maybe - Foryou're greatlyappreciated in verymany ways You're grace under pressure To work with a pleasure Thoughyou won't play darts You're still dearto our hearts You women oflawreview; Eva-Notonly are you asweetheart, you're the biggest babe atU.B!-RJ. ofthe North! -J. Griffin. Dear A.H. My place far drinks. It's been a hairy week.-C.T. WOMEN OFLAW REVIEW May your smiles be bright, onthis, ofall St. Valentine's Days Dear Friar F. "01 don't miss my old dog much." I '11 dothe Dummies withyouanytime! Marsha Brady onAcid. J-It'snicetohaveyoubackwhereyou belong. You're looking swell! To theBlue-Eyed Beauty in Section 2 Thanks forsaving my legalcareer. I wasabout to drop outoflaw school and goback to rodeoriding, until I saw you sitting in the library. You glanced up at me and smiled. All I do is think ofyou. Actually, I probably wouldhave flunked out ofany other law school, but at U.B. I got "Q 's" - YourLaw Slave. - -- Brian M. OFearless Leader, lead me not into temptation! (Well, maybe just once!) You' 11never guess. Michael Hewitt - Happy Valentine's Day! Goodluckwithyourquest! -A.M. - Happy V Day to my workout partner. You'll lookawesome by Feb 14! Callme.we'llhave coffeewiththe dog,and we'll talk. Andkeep your eye on the weights, willya? Love E. - Flynn, You Irish Beauty -With hair sored and heart sotrue, There's nothing we wouldn' tdo to be closer to you! Your Secret Admirers - Steve W. —I'd liketogiveyou something for Valentine'sDaythatblowsawayyourbirthday present. Let's use up that lotion. You definitely are' 'cool beans!'' Love, -E. Brenda( Starr!)-Happiness is seeing you in the hall & bitching a bit - RJ. transit. Love-YourCar. TOP 10REASONS FORSENDING VALENTINESIN LAW SCHOOL: 10) The Dudes 9) Beats sending Valentines in prison. 8) Sludentswithromanceintheirhearts get"H"s. 7) Better chance for sex with Valentines than without. 6) That's how Clarence Thomas got started. 5) The Babes. 4) Creating good feelings makes networking easier. 3) Keeps the OPINION staffbusy. 2) Readingotherpeople'sValentihesis obscenely fun. 1) They appeal to the prurient interest. - Men are all scum, huh? Well, womenare no bargain either. But have you evertried dogs? - B.F.- What are the couch Olympics? S.R. George - Oh King ofEntertainment, lord of having fun, You've learned the law ofTV, you'vedrank beer'tilthere'snone Butmostof all,you'vebeenmypal. Allthewayfromßetty and Al. Sparky - Pam -1 miss you! - Your car. - My Little S-0 Why dobirds suddenlyappear every time youare near? Foryour sweetnectar, baby. Loveya-#3. Nicole - Somewhere in this vast world is a single red rose with your name on it. Happy Valentine's Day! -Darryl. Fritz- The way you flip through thatbluebook, sends me all aflutter, turns my heart to sugar Priscilla When am I going to see you in that and my knees to butter - Red Hot for You black dress I bought foryour birthday? - Elvis. - - Dear Huggy Happy anniversary! I love you very much. -Buggy. - - Penny Happy Valentine's Day! YourL.A. Friend The Opinion February 12,1992 - Happy Valentine's Birthday Melissa! The Sweetest Guy in the World M.C.- The word on the street is that sasquatch murdered the parakeet. - Feathered Friends No one matches your supplehand. Your late night mistress. Bobby G.-Ooh baby, with that newbearded chin, You conjure up the most pleasant of sin(s). So danceyourway into myarms and I willshow youallmycharms. - afellow moviegoer Jim and Marc - Please come back! We'll change, wepromise! Please giveus one more chance! The Democrats - Bobby F. -Weare all happy that you've found bliss, butyourcompany weallmiss. -youknow who Becky P. - You're too sexy for this school. Happy V-Day! Darryl - I love you all, except for the ones I don' t. To the woman who doesyoga inmy corporations class Make a pretzel for me, baby. -An Inflexible Admirer! - - NH My law school buddy, who stuckby me Running those 18 milers — wild, crazy, and free. Buffalo wouldn't be the same without your smile, So don't you worry, you'll be seeing me for quite a while. To the law student who - writes down everythingtheprofsays, laughs too hard in the wrong places, and checks for grades every five minutes and is socially illiterate. We would like to love you. M.H. - Jesus H. Tap-dancing Christ! What we need is someaction 'round here! R.J. - Managing E. -1 look in youreyesand I know there are still good people in the world. Features E. - - Lori W. Irememberwepromisedeachother lastyear that we wouldbe eachother* sValentine. Well, how about now? Will yoube mine? I can always use a second one. Love, Miles. - Chipper - Fatherhood suits you well, You change the diapers and withstand thesmell. Your eyesmay be bleary butEmily thinks you are swell. TMF - - Emily Looking forward to "cooking up a storm with you!'' Out ofthe frying pan (law school?)& into the fire(restauranteur?). - R.J. Is there ANYONE at this law school who is willing to sleep with me?! If so, meet me naked outside thelaw library. See youthere. Thanks! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-02-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/12/1992 Bibliographic Citation A bibliographic reference for the resource. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62d9f3a521fcf89563d105c84b1ba71b.pdf dfed163947e185a9a6e8fec527e60579 PDF Text Text THEOPINION Volume 32, No. 12 February 18,1992 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Jefferies Speech Addresses His Critics Concerns by Saultan H. Baptiste, News Editor There was a small gathering of 10 protesters standing on the snow covered grass outside of 147 Diefendorf Hall on February 7th as Dr. Leonard Jefferies arrived. As Jefferies passed the group, you could see the warm mist ofairform in front of their mouths, but no words were exchanged Tliis "controversial event, sponsored by the University at Buffalo Black Student Union (BSU), began absent the protest promised and expected. Jefferies began his 4 hour and 45 minute speechMecture to his audience of 500, with appreciation for being asked to come and he commended the B SUfor being '' strong enough to ask him to come. Seton Hall University has not permitted their studentorganization to bring Jefferies oncampus. However, according to Jefferies,Syracuse University has offered their students the Carrier Dome to be used to house his lecture in late March. His lecture seemed to concentrate on two themes. The first theme focused on the negative impact today's educational system has on African-Americans. The second theme, which ran throughout his discourse, was in defense ofbeing called by his critics anti-semitic. He said "It is not about anti- where your mother dropped you.'' He said, ' 'there isonly one race, the human race, and by theluck ofthe drawit's African... Every person is a manifestation of the African Gene Bank". "There is no preparation in the current educational system to prepare [Africans] for manhood," Jefferies explained. For this reason, he stressed the importance of establishing study groups which use his proposed formula of analysis called C.A.P.S. or Conceptual Analysis Process- . Exclusive Jefferies Interview ...page 8 Leonard Jefferies mesmerizes his audience at he spoke to 500 students. Diefendorf Hall, where Photo courtesy oftheThe Spectrum: Andrea Schiaffino semitism. It is about truth," and "truth crushed to earth will rise stronger than before." Jefferies feels he was initially targeted and labeled as anti-semitic by Diane Ravitch, Assistant U.S. secretary ofEducation. According to Jefferies, Ms. Ravitch received a report that he participated in writing regarding the need for an "education of inclusion." This proposal would provide a multicultural curriculum as opposed to aEuro-centric perspective ofworld history. He statedthat she began the media campaign against him whichcreateda smoke screen to allow the "true anti-semites to get offthe hook." Jefferiestold the audience ofapproximately 80% African-Americans to "forget about African-American or CaribbeanAmerican; you are African. The hyphen is ing Systems. This method entails a synthesis ofa thesis, or supposition, and an antithesis which he illustrated with a diagram and multiple examples ofhis theory in use. He also referred to the theory ofthe and the "Sun People," a People" "Ice initially developed by other writers theory and scholars. Jefferies stated that at one time Europe and Northern Asia was dominated by an ice age and that white people inhabited the area. He claims that whites "negotiated their ecosystem of the ice," ...Jefferies continued on page 10 Administration Considering New Grading System by Vito A. Roman, Layout Editor After defending the current system for over 20 years, the UB Law administration is finally considering changing the grading system. The new grading system would be based on the traditional five-tier A-B-C-D-F system and would be phased in over a three year period. If approved, the system would begin to be applied in the 1992-93 year. In a memorandum dated November 13, 1991 and circulated among the faculty, professional staffand students on the Academic Policy and Program Committee, Associate Dean for Academic Affairs Barry Boyer explained that "the principle reasons for this change relate to the teaching mission ofthe law school.'' However, later in the memo, Dean Boyer also admits that the change may have the "possible side benefit" of making UB Law "transcripts more comparable to those used by otherlaw schools." Asan SBA report attached to the memo indicates, if UB Law returns to a traditional grading system, it would join eleven other New York law schools currently using such a system. Only Columbia, Brooklyn, and CUNY law schools would remain with unique grading systems. Boyer explained that the academic reasons behind the grade change reflect the administration concern that the current HQ system, even with its unofficial middle grade of Q*, fails to provide students with sufficient feedback on their performance. Those students' 'performing near thelower limitsofprofessionally acceptable course," he wrote,''need clear signals that they are atrisk offailing grades.''' 'Grades are by no means the only way of communicating this kind of information," he continued, "but they are a powerful form of communication, easily comprehended and reviewed by all interested parties.'' The practical considerations motivating the change, however, are probable more important to the student body. Since inter...Grading continued on page 14 KwameTure Lectures on African History . . mittee(SNCC) which wasthe student branch economic self-helpas the vehicle to further ofthe larger Civil Rights movement led by advancements. Begining in Lowndes County, Alabama, Mr.Ture founded along among others Martin Luther King Jr.. SNCC, in conjunction with other with others, the first African based political party in the county. The platform which groups suchasthe SouthernChristian LeadMr. Ture and his fellow party members "Have no fear. History will abership Conference (SCLC) and the Nasolve you.. Run to the struggle. Strong tional Association for the Advancement of advocated, later came to be embodied in a warriors seek out the tough battles." On Colored People (N AACP), wasresponsible book entitled Black Power, co-written by for the numerous sit-ins, boycotts and stu- Mr. Ture and Mr. Charles Hamilton. Sunday February 2,1992 in Woldman Theatre, Kwame Ture, formerly known as dent protests which marked the beginning Mr. Ture related, during an interStokley Carmichael, spoke these words to a of the dismantling of American Aparteid view prior to the lecture and again in the lecture, the origins ofthe symbol (a black packed audience. Mr. Ture, a member of during the 19605. the All African Peoples Revolutionary Party While successful, the advances made panther) for the Black Power party. Mr. (AAPRP) discussed five issues in the course during this time were limited which led Ture stated that it was an Alabama state ofhis lecture paying particular attention to Mr.Ture to look elsewhere. Mr. Ture viewed law which required each and every polititwo them, namely education and organizapolitical empowerment in conjunction with cal party to designate a symbol by which tion. Mr. Ture spoke here at UB as part of African history month, occupying the first event in a series of events planned by the SLAPP Suits ...page 3 undergraduate Black Student Union for the month of February. Mr. Ture is a twentyfive year veteran ofthe civil rights moveSchaus Receives Award ...page 6 ment, not only in the United States, but also around the globe. Mr. Ture originally rose to promiLRAP ...page 7 nence in the United States duringthe height ofthe Civil Rights movement as the head of Cheap Seats ...page 14 the Student Non-violentCoordinatingComby W.F. Trezevant, Staff Writer Portions of this story were compiled from an exclusive interview with Kwame Ture. .. HIGHLIGHTS the illiterate voters of the county could identify their chosen candidates. Mr. Ture stated that it wasa female member oftheir political party whobrought forth the symbol ofa black panther. (The symbol ofthe black panther was later adopted by Huey Newton and Bobby Seals whenthey founded the Black Panther Party in California, and subsequently was given national prominence as a symbol ofmilitant Black resistance.) Again while the "Black Power" movement proved successful, the success was limited in the face of the increased violence and oppression which Africans suffered duringthis time. Thus, the limited nature ofthe success achieved by Mr. Ture, in combination with the increased harrassment, abuse, and surveillance by both local and federal authorities drove Mr. Ture out ofthe United States in 1967. Mr. Ture has spent the intervening years working within Africa in order to lay the groundwork, and eventually produce one unified socialist Africa, run by Africans, for the benefit ofAfricans. The future ofthe African continent was the subject of his lecture. ...Kwame continued on page 1 �PIEPER BAR REVIEW J. Gardiner Pleper will be your coach for a 7 hour lecture starting at 9 a.m. to 5 p.m. on: February 23,1992 New York University Law School Video tape lectures will be available on the following dates at the following locations: February 29,1992 Hofstra University Boston University Law School Buffalo Marriott Georgetown University Law Center m Syracuse University University of Bridgeport March 1,1992 New York University Law School The MPRE will be given on March 13, 1992. The regular application postmark deadline Is February 14, 1992. The exam fee Is $25.00. Late application receipt deadline is March 4, 1992 but the exam fee is increased to $75.00. If you are unable to attend the March MPRE, the exam will be given on Friday, August 14,1992 or Friday, November 13,1992. Please call (516) 747-4311 to reserve a seat. �SLAPPs Threaten Public Activists tion by directing the audience's attention to the little used petition clause of the first Editor amendment, which givesevery U.S. citizen Penelope Canan, Professor ofSociolthe to right petition or to use any legal ogy at the University of Denver, spoke at means to influence government, peaceful UBLaw School on January 6th to define for the to engage in public parbasically right students what may be the greatest current threat to the First Amendment rights of activists in the United States. SLAPPs (Strategic Lawsuits Against Public Participants) are a phenomenon which was uncovered by Professor Canan and Professor George W. Pring (from the University ofDenver College ofLaw) when they began to study the correlation between citizen's use ofthe publi c participation clause ofthe First Amendment and lawsuits being filed by businesses intent on promoting and protecting property rights, rights which they felt were threatened by citizen activism. These lawsuits often rely on questionable legal precedents, and the primary motivation behind such suits seems to be a desire to tie up theresources ofthe activist citizen or group, as well as to create a chilling Penelope Canan discusses suits effect among citizens in general. This which discourage activism. chilling effect would inhibit them from Photo: Michael Radjavitch exercising their first amendment rights. Essentially, the SL APP would function as a ticipation in self-governance. When tool both to punish past speech and to SLAPPs are filed inresponse to thisparticiprohibit futureaction. Simultaneously, said pation, it takes an average of 36 months for Professor Canan, the SLAPP also becomes the suit to beresolved and damages claimed a tool for transforming the primary issues average around $9.1 million. Canan stressed raised by the speaker, such as the adequacy that since a maximum of 10% ofthe Ameriof nursing home care or the propriety of can public gets involved in politics beyond developing wetlands, into legal issues of voting, such suits can be deadly to public participation. nuisance or defamation. Contrary to popular belief, SLAPPs Professor Canan began her presentaby Andrea Sammarco, Managing do not primarily involve developers versus environmentalists. Most SLAPPs are filed by small businesses, property owners with economic interests or proprietors or managers, in other words, those who have an economic interest in squelching opposition. Targets ofSLAPPs are usually individual citizens or public interest groups. Defamation was the lead legal claim in 53% of the 241 cases identified, while business torts made up 33% of the claims. According to Canan, no SLAPPs have been filed in Idaho, NorthDakota or South Dakota. The majority of SLAPPs filed are found in counties comprised to a greater extent of white,rich, urban citizens, statisticallythose who are more prone to get involved in the political process. The emergence ofSLAPPs corresponds to downturns in the U.S. economy and the domination of conservative ideologies in the White House. While citizens targeted by SLAPPs may be able to respond financially to the suits, even a victory in court may sound hollow, since valuable resources are being diverted to the legal processrather than the political process. Professor Canan suggested various ways to respond to SLAPPs (i.e.,"SLAPP-backs".) SomeSLAPP-backs include alleging abuse ofprocess, .as well as interference with political rights, which may beasserted through the use of legislation which involves switching the burden ofproof to the plaintiff, who must show that the suit is not designed primarily to discourage public participation. BPILP Kicks Off Annual Pledge Drive It's that time ofyear again. No, not taxes, silly. It's the Buffalo Public Interest Law Program's spring madness, when BPILP kicks off its pledge drive to fund summer internships in public interest law, and acceptsapplications for the internships funded by last year's pledge drive. For those who are not familiar with the program, BPILP funds summer internshipjobseach summer, mostly with Western New York legal services agencies. BPILP asks agencies to submit proposals for interns, and then the membership votes on which agencies will be awarded an intern. Interested students will submit their resumes to the Career Development Office who then forwards them to the respective agencies. The interns who are chosen are then funded entirely by BPILP. In a February sthmeeting, members voted to raise this year's salaries to $2200 per student, up from $2000. "We felt we had to make some effort to increase the funding, so a person who really wants to work in public interest isn't kept out by financial considerations," said K. Jill Barr, public interest Graduate Assistant. She pointed out most privately funded summer internship program salarieshave remained the same over the years. But, as always, the crux ofthe program isthe pledges which come in through the Work-a-Day-in-the-Public-Interest pledge drive, a week in which studentsand faculty pledge the equivalent of one day's salary to fund the summer internships. Fewer people who pledged last year actually paid theirpledges, and this, along with the salary increase, means BPILP is funding one less internship this year. "We'd have two more if everyone paid their pledges," said Barr. There will be 18 internships offered, withagency internproposals due on March 3. After BPILP chooses the agencies, students will have until March 16 to turn their resumes into CDO. Self-Initiated Internships Some ofthe internships this year will be self-initiated, whereby students submit their ownproposals for funding. The exact criteria for the student initiated proposals will be posted soon in the Public Interest office, room 413, but loosely, the requirements are thata student have a firm offer of employment in public interest, but no main source offunding. These internships can be anywhere in the country, the only limits being the nature of the work, and that no other funding but work study be available. Last year, self initiated interns worked in Georgia, Florida and Philadelphia, as well BPILP will announce deadlines and information as available. The Pledge Drive kicks offthis year March 17th, with a party at the Buffalo Sports Bar on Hertel Avenue. A fascinating week will follow, with BPILP staffers ready to accept much needed pledges from behind theirtable in front ofthe library. For the last two years, $20,000 has been pledged overthe week,an astounding amount raised entirely by students, staff, and faculty. BPILP is hoping that in spite ofthe economic crunch, the increasing need for legal posals. IOLA Grant Award The Buffalo Public Interest Law Program (BPILP) recently announced that it has received a grant award from the Interest on Lawyer Account (IOLA) Fund ofthe State ofNew York to Support University of Buffalo law students as legal interns at public interest agencies throughout New York State. The award of $ 15,000,representing a $2,500 increase overlast year's lOLA award, was granted in response to a proposal submitted by BPILP in September 1991. The funds awarded by lOLA, plus monies raised through BPILP's Fall '91 Alumni Phone-A-Thon and last year's Spring '91 Pledge Drive will be used exclusively to support UB law students who wish to pursue uniqueand challenging opportunities at public interest law organizations this coming summer. Last year, BPILP was able to support seventeen interns who worked at various criminal and civil legal services agencies. Eleven interns worked at selected agencies here in Western new York, including Neighborhood Legal Services, Prisoner's Legal Services, Legal Services for the Elderly, Disabled and Disadvantaged, and others. In addition, six interns were selected through a new program which allowed students to develop their own initiatives in the public interest. These ' 'self-initiated proposals were awarded to students who pursued projects in such areas as capital punishment defense, domestic violence, and juvenile delinquency. BPILP will soon be announcing its 1992 Summer Legal Internship Program. Students interested in applying to work at selected agencies or in developing their own proposal for consideration offunding should watchfor more detailsor should stop by the Public Interest Office, room 413 O'Brian, during office hours. Club 504 Needs You by Angela Gott Rob Davis arid Bill Hare, both Class of90, founded Club 504 to meet the needs of differently abled law students and all students who have an interest in disability rights legislation and enforcement. When they graduated in May '90, they had not submitted a budget to SBA for funding. The clubremainsalive but withouta budget and shares space withSBA in Room 101. When I arrived in August '90 and became an SBA Director, I began an effort to interact with other ' 'differently abled law students" so that we could compare notes and provide each other information in case any one ofus had specific hardhsips or problems with receiving accommodations for our specialized needs. To those of you who came forward, I have been on hand to listen, to counsel, to provide informationabout where to go within the university and W.N.Y. to get help and to find a solution to problems and confusion. Now that I am about to graduate, take the New York Bar in February, and leave the Law School, it is important that someone step forward to continue the efforts of Rob Davis and Bill Hare to organize around an interest in disabilityrights and create an awareness ofthe needs ofdifferently abled individuals. I am very hopeful that someone currently enrolled in Professor Bruce Goldstein's course "Legal Rights of Persons with Disabilities" will step forward. Continuing Club 504 is so important and I do hope that Rob Davis' and Bill Hare's work and achievements will not be abandoned. By uniting together and sharing information, we are stronger, and will be moreable to achieve civilrights legislation protection and proper enforcement. The struggle by blacks for civilrights in the sixties, surely has taught us this lesson and the need to organize. Please contact me by phone:'B32-3581/machine or Box 394. Thank you. Please see related article about my difficulties obtaining necessary and proper accommodations on the February N. Y. Bar Exam. {Federal Suit, page 7) . Remember, February is Black History Month A new twist this year on the Pledge Drive will be what Michael Freedman, public interest Graduate Assistant, calls a "silent" pledge drivefrom March 2 through the 6th. During that week, secondand third year students who wish to donate privately may make pledges in the public interest office. Those who prefer to be badgered publicly, however, will want to wait until the week ofthe 17th. So, keep those dates in mind, and BPILP will get more information out as soonas the deadlinesand internship criteria become positive. Agency proposals will be services will be recognized and students due March 3, and resume on March 16. as closer to home. The other internships will be distrib- will continue to pledge generously. "For Applications for the selfinitiated proposals most ofthese agencies, there is no way they will also be due on the 16th. BPILP will uted in the traditional manner, with agencies like Farmworker Legal Services of can afford an intern ifit weren't for BPILP," announce when these applications will be Western New York , Criminal Appeals saidßarr. "The students get experience and ready. Pledge Drive kicks off the week of Bureau of Legal Aid, and Neighborhood contacts, and the agencies get the help they the 17th. Legal Services, Inc., submitting their pro- really need." February 18,1992 The Opinion 3 �I—l : ii ■ . 1 ■ OPINION ■ ■ —r>—— Ell Volume 32, No. 12 ■ — February 18,1992 Editor-in-Chief: Managing Editor Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste Darryl McPherson vito A.Roman Michael Radjavitch StaffWriters: Kevin Collins, W.F. Trezevant, Srikant Ramaswami Photographers: Paul Roalsvig Contributors: Bill Kennedy, Martin Danks, Robert Garnsey, Angela Gott Editorial The First Amendment to the Constitution ofthe United States of America, in conjunction with the Fourteenth Amendment, prohibits the government from abridging a person's right to exercisefree speech. Crowded burning theatersaside, Americans and those people travelling through this country have a virtually unfettered ability to discuss political topics, et. al, without officialreprimand. The CivilRights Movement has provided striking examples oftolerance and intolerance by citizens and government alike regarding the use of the First Amendment to promote change. The treatment ofrecently deceased Professor Kenyatta by the FBI in thelate 1960s is one egregious example ofour government, allegedly by the People and for the People, censoring speech through threats of violence against the People. The Civil Rights movement progressed only through the use offree speech by its leaders, often in the face of violence. Another example of the need for free speech surfaced last week when Professor Leonard Jeffries of CUNY, at best a controversial figure, spoke on campus to a packed audience and there was concern by students and administration that violence would erupt. There was no violence to greet Professor Jeffries. The essential lesson between the two examples isthat some political speech, despite constitutional guarantees, has motivating factors and offensive elements that can produce violence among groups of educated individuals. This does not surprise observers ofhuman behavior sincefrustrations are often vented in physical violence, sometimes at the person creating the frustration. What should surprise thePeople isthat governing bodies have taken steps in a paternal manner toprevent the People from hearing ideas that will upset them. This should alarm students of the law. While the motive to prevent hostile speech can be seen as laudable, the elemental inequity should prevent its use. To use authority to retard intellectual growth amongst a groupstriving to experience the good and the evils ofa society, as law students by definitionare paying to do,is to perpetuate a hypocrisy ofdivine right leadership that led to revolutions in Europe. By now the administration, the faculty and the students are weary of the friction surrounding the Faculty Statement but at least it has answered William Thackery's (1811-1863) question "Who can tell the mischief which the very virtuous do?" Copyright 1992. The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited withoutthe express consent ofthe Editors. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State University ofNewYork at Buffalo School ofLaw. The views expressed in this paper are not necessarily those of the Editors or Staff ofThe Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determinedby the Editors. The Opinion is funded by the SBAfrom Student Law Fees. The Opinionwelcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer than three typed double spaced pages will be edited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent via Campus or United States Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716)636-2146 or placed in law school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion. Corrections: In the February 3rd issue ofThe Opinion, we inadvertently misspelled the name ofan alumna in the frontpage story entitled "Tight Market CalIs forBold Job Hunting." The correct spelling ofher name is Jeanne Vezina. Regrettably, in the same article the end ofone sentence and the begining of the following sentences were mistakenly left out. The correct text ofthe entire paragraph is as follows: One way Jeanne suggested to distinguish yourselfis to convince the employer that you area "rainmaker," i. c., that you can bring in clients, and, thus, be a better investment than the associate who simply toils away in thefirm's library. As odd as that may sound (a law student orrecent graduate bringing in business whentheir ownjuniorassociates bring in little to none?), a new associate can be the source ofnew clients for a firm, [missing text italicized] We regret any inconvenience which this omission may have caused. 4 The Opinion February 18,1992 The Opinion Mailbox Assistantships Unfairly Distributed To the Editor: It seems odd that in the midst of charges offavoritism and the presence of an academic spoils system comes an occurrence which adds credence to such claims. Irefer to the method by which theResearch and Writingteaching assistant positions were awarded to students. A dismaying number ofthe upperclass student body are ignorant that such positions actually exist-letalone that they did not havea chance at competing for one ofthe coveted positions—so a bit ofan explanation is in order. Under the old Research and Writing system, the Teaching Assistants received a full tuition waiver and a stipend of $3,100 per semester. Under the ,, current system, the "Student Assistants receive exactly one half of what their predecessors received, namely a half tuition waiver and $1,550 per semester. However, aside from the pecuniary gain, under both the systems the student instructors receive additional compensation in the form ofan improved resume and a bolstering oftheir ownresearch and writingskills. Both ofthese additional benefits are quite significant in a job market which is increasingly competitive. Under theold system thereexisted at leasta semblance ofequal opportunity: an announcement wasmade toward the end ofthe spring semesterthatapplications werebeing accepted, and all who wereinterested could apply through the standard application/interview procedure. Underthe currentsystem students obtained their positions in one oftwo ways: eitherthey were directlyapproached by a professor with an offerfor the position, orthey heard by word-of-mouththata position was available and then lobbied the professor. Why the difference in meting out the positions? Surely the difference in the title or compensation is insufficient to account for the reduced level ofprocess. Similarly, a claim that the funding came through at the last minutedoes not afford an adequate explanation ofwhy the opportunityfor applying for the positions was denied the general student body. Furthermore, even in the event the positions became available right before winter break, interested students could put together their application packet quickly enough to permit time for interviews. It's not that I am overly bitter or disgruntled that I did not get a position. However, being in law school—atleast to me—means adifferent level of treatment than' 'the real world.'' I look forward to a career in a field notorious for entrance and advancement not necessarily based on meritbut on favoritism. Such academic nepotism diminishes the reputation ofthe school in the legal community and more importantly in the eyes of its students. I realize that after the initial appearance of equal consideration for all applicants comes a discretionary zone which allows for selection ofthe candidate the professor believes will best fulfill the duties of the position. All I ask is for a chance to believe that I have an equal opportunity for obtaining one ofthe coveted positions. Please afford me this illusion. Mark Chauvin-Bezinque Jefferies Offers No Solutions To the Editor: Not too long ago, a televised discussion onrace relations featured Eleanor Holmes Norton, delegate to the House of Representatives from the District of Columbiaand a leading figure in the current-day civil rights movement. During the discussion, one ofthe other participants quoted Dr. MartinLuther King, Jr., who in 1963 said that persons should be judgedby the' 'content oftheir character and not by the "color oftheir skin." Mrs. Norton, angry, rebutted the speaker by telling him to "stop quoting dead saints." Evidently, not all who speak to the civil rights issue completely agree with Mrs. Norton. As reported in last week's Spectrum, Leonard Jeffries, in his speech at UB on February 7, lauded the importance of education. "Jeffries," wrote the Spectrum, "said that the only way to find truth isthrough the learning process, and used his motto, 'Truth crushed to the Earth will rise again stronger than before' as a basis for that argument." {Spectrum, Feb. 10). Mr. Jeffries'' 'motto" rang a bell. In fact, those words were spokenby Martin Luther King, Jr., in a famous speech 27 years ago, in front ofthe Alabama state capitol. Dr. King addressed those whohad marched for four days from the bloody Edmund Pettus Bridge in Selma to the capitol building in Montgomery. He spoke ofa future characterized by "friendship and understanding," and promised that sucha daywould not belong in coming. Said King: "I know you are asking today, 'How long will it take?' I come to say to you this afternoon however difficult the moment, however frustrating the hour, it will not be long, because truth pressed to the earth will rise again. " (Jeffries' briefaddendum, "stronger than before," is ...No Solutions continued on Page 11 Suggested Changes for Moot Court & Law Review To the Editor. John Jablonski's "Moot Farce" (The Federalist Papers, Vol. 4, No. 5, January 23,1992) has donethe healthy service ofstirring up debateabout necessary reform in the Moot Court Board selection process. Despite this service, however, the article reads in exactly the manner unintended by its author, like sour grapes. Thus, wefelt compelled to respond not to criticize John Jablonski,but to offer insight to how the competition might better be conducted. 1 Written v. oral advocacy skills. At the end of second semester, every first-year who so chooses, participates in theLaw Review Casenote Competition, exclusively a "written" competition (combined ofcourse wiJh grades, except for "write-ons"). Many students, believing that they may excel better in "oral" advocacy, participate in the Moot Court Competition. However, the current breakdown in theDesmond Competition affords4o% ofa competitor's score to the written brief, written not alone, but with a partner. By lessening the briefs value in proportion to the oral scores (perhaps to 25%), it would produce a more accurate reflection of the skills which the competition seeks to assess. ...Suggested Changes, continued on page 11 - . �QUID UO PROQ T3&L Kmmto One Man's OPINION by DARRYL McPH ERSON I'vebeen trying to make some sense out ofthe plethoraof' 'he said, she said" controversies that have arisen in the past few months. Thomas/Hill, Smith/Bowman, Clinton/Flowers, and the Tyson rape case bring together a number of sociological issues that expose our culture for what it is,-and at the same time, what it wants to be. Gender, sex, class, race, and politics all play a part in these little dramas, and the only thing missing is religion. Oh well, you can't win them all. Gender and sex are the leading factors. All of the above circumstances pitted a female accuser/victim against a prominent male. The question ofthe day is; who is more credible, the man or the woman? Since I have a somewhat chivalrous nature, I tend to believe a woman's word over a man's. Perhaps I only want to believe the woman more, ormaybe I'm more inclined to believe in a man's capacity to lie. Either way, my perception ofrecent events may be slightly slanted, ifnot totally imbalanced. However, I still try to hear both sides before making a final judgment. Tyson's case has been linked to the William Kennedy-Smith trial. Then, the rape case ended differently, and the man was acquitted. Both cases supposed hinged on the credibility of the female victim'stestimony. Somehow, a jurycan believe a woman would go through the harrowing process ofa trial in the distant hope ofachieving some kind ofmonetary gain. Considering that I have never heard of a rape victim who has significantly profited from the trial, I wonder how this theory has promulgated. A similar motivation was thrust upon Anita Hill as she testified against Clarence Thomas. That she came to speak out against Thomas at the behest of desperate Democrats seems to get lost in the discussion. Still, her critics wait for the book deal, or movie rights, or whatever to explain why she "lied." How a male judge up for the position of Supreme Court Justice; a man with a future andreputation toprotect, could be viewed as more credible than a woman with seemingly nothing to gain continues to astound me. The Bill Clinton/Gennifer Flowers controversy brought a womanaccusing a man of marital infidelity. This time, however, the woman received a massive paycheck in exchange for her story. Her words weren't dismissedby that fact, but their impact, in my opinion, was severely lessened by it. I'm forced to wonder whether Clinton would still be in the Features Editor Presidential race if she wasn't paid. No one has any sympathy for Ms. Flowers because ofthe payoff. Whatever credibility she has is based on the evidence she brought to the forefront with her. Money and the media play a big part in these fiascoes obviously. I think a contributing factor in William Smith's victory in his trial wasthe payment ofAnn Mercer. It tainted her testimony, and it rubbed off on Patriciailowman. The disparate outcomes ofthe two rape cases has been attributed to race and class to some critics. As a liberal friend ofmine pointed out, Tyson was convicted for his reputation as a "skirt chaser." That, and the effect of a massive black man accused ofa sex crime on the predominately white jury. When faced with arape accusation, who'smore likely to be believed, the white mcd student from the famous family, or the black boxerknown for his aggression both in and out ofthe ring? I 'm not suggesting thatTyson didn't get a fair trial, actually, I'm pretty surehe did. However, there could be a perception problem. The white guy walks, and the black goes to jail. It's not that simple. If the two trials were viewed separately, the outcomes seema little more rational. (Note that I said "a little" because the Smith case still seemsa bit offto me.) As we all know, the best lawyer decides the outcome ofa case, not the facts. Smith won because he had a hired gun and a reasonable doubt. Tyson lost because the state had the hired gunand a better case. Race supposedly played a part during the Thomas hearings, but isthata fact, or merely a distraction? Were Anita Hill's statements truly targeted as an attempt to destroy a black judge, or more likely, a democratic Congress' effort to derail a conservative from getting on the Supreme Court? Politics isa dirtygame, and the only person using race as an issue was Thomas himself to keep the Senate JudiciaryCommittee fromattacking him. Does any of this make any sense yet? I don'treally know. It's not as plain as men against women, I can see. The media plays up the battle of the sexes aspect, but that's natural with such compelling personalities and the legal system being what it is. If this is a battle of the sexes, is any side winning? The men "won" with Smith and Thomas, and we're still waiting to see how Clinton fares in New Hampshire. The only conclusion I can come to is that there will undoubtedly be another controversy in this vein some time soon. Memorandum From David Filvaroff Some confusion about the current status of Jeff Blum's federal court suit appears to have been generated by the recent short articlein the February 3 issue of The Opinion. Judge Skretny, of the U.S. District Court (WDNY), granted defendant's motion to dismiss the complaint for failure to comply with the Federal Rules of Civil Procedure; heallowed the plaintiffthirty days to file an amended complaint. The Judge treated the motion to dismiss the complaint on the merits as withdrawn and, assuming an amended complaint will be filed, referred the matter to Magistrate Foschio for further pre-trial proceedings, including discovery as appropriate. At a hearing last week before Judge NeMoyer in the Court of Claims, the plaintiffindicated that he would also file amended claims in that court, as he is entitled to do as ofright, before service ofaresponsive pleading. In addition, Jeff indicated he will also add a new cause ofaction for "defamation by libel" in the Court,of Claims suit. The new defamation claim is based on statements by defendants' counsel, Assistant Attorney General Doug Cream, as printed in an earlier issue ofThe Opinion. Copies of the amended and supplementary Court ofClaims pleadings are available for review in Room 319, should anyone desire to read them. - Of Life, Law, and the Right to Choose by W.F.Trezevant, Staff Writer We make so many decisions on the issue ofbasic survival in our dailyroutine that it boggles the mind. Factoring in the many decisions which deal with our interactions with others, it isamazing that anyone could question a human being's ability to make a single decision. Yet everywhere we turn, someone is constantly challenging our ability to make a decision, and thus in the process, challenging our right to choose. Very shortly Buffalo will be beseiged by people attempting to fundamentally challenge our ability to choose. I am of course referring not only to impending the troops ofRandall Terry, but also to the Presidential primary elections for both Democrats and Republicans. I am also referring to the past two weeks of activity suroundingthe visit ofDr. Leonard Jefferies. Andfinally, I amreferring to the decisions whichare presently under consideration by the administration of this law school, on the subject ofthe grading system as wellas the size ofthe future entering first year classes. On the subject ofthe Randall Terry troops and the Presidential Elections, when the time comes we will all be able to make our own decisions. However, on the recent lecture by Dr. Jefferies, the amount of decision usurping information which was circulated prior to his visit was astounding. It appeared that a number of people had already formed an opinion about Dr. Jefferies notwithstanding thattheyhad never (and still have never) heard him speak. They told us that we simply could not choose to listen to what he had to say, or if we did listen, these same individuals were right by our side to tell us the only opinion that was acceptable to glean from the lecture. Hell, if we as a community have entertained legitimately the idea of political correctness as a problem here at this school, we should also entertain the concerns overthe' "Thought Police who roam the halls and The "Thought Police" rob us ofour very ability to make a decision by restricting what we receive as information. On the national political level we identify these .people as political consultants who we invariably take with a grain ofsalt. Our response should be no different for our very own. This point became particularly poignant when Kwame Ture (formerlyknown as Stokely Cannichael) was in town the previous Sunday night. Mr. Ture, a selfacknowledged revolutionary, spoke about many of the same issues covered by Dr. Jefferies, such as African history, slavery, and African cultural influence around the globe. No one protested his visit and yet during the lecture he openly advocated the destruction ofAmerica. Both men spoke of history. Both men spoke ofeducation. Both men spoke of African nationalism. Yet we were only allowed to make our own dcci- . sion to listen or not to listen to Mr. Ture. If the ideas were offensive as uttered by Dr. Jefferies, why were they not so offensive when utteredby Mr. Ture? Fundamentally, the events surrounding Dr. Jefferiesrepresented an attack on our right to choose. Turning our attention to the law school, as the article on page one explains (Administration Considering New Grading System), the administration is considering a change in the grading system which will affect the law school. Why don't we the students get a chance to participate in the process and thus exerciseour right to choose when dealing with an issue that will affect how UB Law is perceived in the future? You know, I remember the same administration ignoring the results of the student referendum on the specific issue of the current grading system just last year. For a group of individuals who are entrusted with teaching us the students not only the law but also how to decide the various issues which affect directly the rights and lives of our future clients, it is quiteironic that these individuals behave in a manner which at best shows disregard toward including the students in the process. I'm not attacking the consideration of this proposal or even the other proposal to limit the number of entering first year students to two sections, I am rather suggesting that the process should be open and inclusive. It is decision without discussion or dialogue which defeats us. And yes, this to goes fundamentally to our right to choose. Assuming everything works out, we be will the alumni oftommorrow, and will be expected to contribute to an institution which seemingly made no effort to include us in the fashioning of that institution. Again what an ironic turn of events. In a society which holds forth as its foundation the freedom ofthe individual (economically, socially, culturally and intellectually) it is surprising how non-free we are. It is additionally alarming how limited our vision ofthe future isconsidering that it is simply sitting right there in front of us. It is likewise unnerving and alienating that we continue to exist in a society, community, anda lawschool which attempts to define away ourability to make a decision. No wonder people like Terry and Thomas and the Bush-man believe they can define away a woman'sright to choose. Our institutions are already training us not to choose. , HAPPY BIRTHDAY, TO THE OPINION'S HEAD MASSEUSE! February 18,1992 The Opinion 5 �Morris Dees to Speak at UB King Commemoration The Minority Faculty and Staff and the Office of the President will be sponsoring the 16th Annual Martin, Luther King Jr. Commemoration onFebruary 20, 1992. Morris Dees, lawyer and civilrights advocate, will be the keynote speaker for the 1992 MLX Commemoration. During the civil rights movement, Mr. Deesbecame active byaiding people ofcolor in court. In 1967,he filed suit to stop construction ofa white university in an Alabama city that already had a predominantlyblack state college. In 1968, he filed suit to integrate the all-white Montgomery YMCA. Along with Joesph J.Levin, Jr. and JulianBond, he founded the Southern Poverty Law Center in 1971. In 1980, the Center founded Klanwatch inresponse to aresurgence in organized racist activity. The project monitors hate groupsand develops legal strategies for protecting citizens from violence-prone groups. A made-fortelevision movie about Mr. Dees aired on NBC last year. "Line of Fire" described his successful fight against the Ku Klux Klan. It includedthe $7 million precedent-setting judgment againt the United Klans of America on behalf of the mother ofMichael Donald, a young black man lynched by the Klan in Mobile Alabama. Mr. Dees has also recently published a book entitled "A Season for Justice." The lecture will take place on February 20the at 8:00 p.m. in Slee Hall on the North Campus, with a reception immediatly following. Admission is Free. Seating in Slee Hall is limited so those interested are urged to either pick up the free tickets at the UB Ticket Office or call the Office ofConferences and Special events at 636-3414 to reserve seating. Phi Alpha Delta International Field RepresentativeVisits UB Law by Martin Danks Jill M. Leonard, International Field Representative of Phi Alpha Delta Law Fraternity International visited the Alden Chapter ofP. A.D. here at UB Law on February 4, 1992. Ms. Leonard was on a three week tour ofthe East Coast P.A.D. chapters from her home in California. As part ofthe Chapter support provided by the Executive Offices of P. A.D.,Ms. Leonard met with the newly elected chapter officers, helped staffarecruiting table andtalked withthe chapter members aboutthe services available from the Executive Offices. In a meeting with Dean Filvaroff, Ms. Leonard expressed her satisfaction with the recent developments at the Alden Chapter. The Dean was very interested in the efforts by the Alden Chapter members to assist their first year students with the research and writing program and the fraternity-wide efforts in support ofthe implementation ofthe Americans with Disabilities Act. While here, Ms. Leonard assisted the Chapter with plans for fund-raising, the initiation scheduled for February 27 and the rush party scheduled for February 19. Over two dozen students expressed an interest in being initiated at the next ceremony. Ms. Leonard plans on returning in the near future and expressed a desire to see as many possible at the 1992 P.A.D Convention in Scottsdale, Arizona. Leary Speaks on Health Care in the U.S. Professor Virginia Leary recently spoke at the annual meeting ofthe American Association for the Advancement of Science. Her topic was the American health care system and its denial of the basic human right ofaccess to adequate care. At the Chicago meeting, Leary pointed out that there isno constitutionally recognized right to health care in the United States. She statedthat the right to access of health care is a "radical critique" that should be used as a criterion for judging proposals to reform the U.S. health care system. According to Leary, we should usea rights-based approach to health care instead of the current costbenefit approach. In operatingas a commercial market, the health care system in the United States ignores the basic human right of access to adequate health care, and demonstrates the U.S. governement's tacit view ofa minimum level ofhealth careas an "ethical obligation" of society rather than as a human right. But, she explained, according to United States constitutional history, even obligations of society ought to be enforced through individual entitlements. "The bestmeans ofensuring the carrying %out of'societal obligations' resides in the provision ofan individual entitlement." While a market approach, by definition, cannot provide equal access to health care, the U.S. does recognize generally the right of access on an international level.through its support ofthe Universal Declaration of Human Rights and the World Health Organization. Accepting health care as a human right, she said,means making itavailable to all without discrimination, and including provisions for individuals to know and to be able to challenge the ways in which that right is being granted. Phi Alpha Delta Elects New Officers by Martin Danks The 1992 elections were held for the Alden Chapter of Phi Alpha Delta Law Fraternity, International here at U.B. Law. The officers elected were: Martin Danks as Justice, Saultan Baptiste as Vice-Justice, Bob Motzer as Secretary, and Cathy Turuczkai as Treasurer. In addition to these positions, various committes were also formed and the chairs elected. Taking office were Vaughn Cordes and Tim'Stevens as co-chairs ofthe research and writingcommittee, LisaDalfanso as Social Coordinator, Bob Sisson as Fund Raising Chair, and Bill Trezevant for special events. The chapter also set dates for upcoming events including; The Rush party on Wednesday February 19 at 3:30 p.m. in the first floor lounge, The Formal Initiation on Thursday, February 27 at 7:00 p.m. at the Law Offices located at 385 Franklin Aye, and finally, regular meetings were set for 6:00 p.m. begining Thursday February 20 at the Marriot Happy Hour. Three members attended the District Leadership Conference held here in .Buffalo which covered local and national fraternity issues. Attending were Bill Trezevant, Bob Motzer and Saultan Baptiste who subsequently reported on the conference. 6 The Opinion February 18,1992 Law Student Published In Buffalo News Magazine Last Sunday's edition of the Buffalo Magazine featured a front page story written by a fellow UB Law Student Peter Nussbaum (Buffalo News. February 16, 1992). Nussbaum is in his second year at UB Law, and is the President ofthe Sports and Entertainment Law Society. Nussbaum compiled information and authored the article on one ofthe first basketball teams ever formed, the Buffalo Germans. The Germans' 111 game winning streak has never been rivaled in the history ofthe sport. Nussbaum was assisted by Sheldon Heerdt ofAmherst, the grandson ofAHie Heerdt, who was Captain and Manager ofthe Germans. Schaus to Receive by Ilene Fleischmann Executive Director, UB Law Alumni Association "Sex and Power in the Workplace: The Expanding Law ofCivil Rights and Sexual Harassment Affecting You and Your Clients'' wifrbe the topic discussed by a panel of legal experts at the 16th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 7, at the CenterFor Tomorrow onthe UB Amherst Campus. At a luncheon beginning at 12:15 p.m. immediately following the Convocation,Robert C. Schaus will receive the Jaeckle Award for 1992. Named for UB alumnus EdwinF. Jaeckle, Class of 1915, the award is the highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual whohas distinguishedhimself orherselfand has made significantcontributions to the Law School and the legal profession. Past recipients include Hon. Charles S. Desmond, M. Robert Koren, Hon. Michael F. Dillon, and Manly Fleischmann, among others. Schaus is a longtime secretary for the UB Law Alumni Association anda successful practitioner in a law firm that has included three generations ofhisfamily, Law graduates. "He is highly regarded by colleagues and clientsfor his unshakable character and integrity," says Jean C. Powers, president ofthe Law Alumni Association. "Over a span of thirty years, he has been versatile, capable and gracious in his numerous contributions to the Law Alumni Association and the Law School. Schaus' love and knowledge ofhistory led him to co-author the history ofthe first 100 years ofUB Law which isbeing publishedthis spring.'' The subject of sexual harassment came to the forefront duringthe Clarence Thomas confirmation hearings. According to Convocation organizers, recently enacted civil rights legislation now allows broader damages, portending an increase in discrimination litigation, and creating a need for greater awareness by lawyers, both as employers and counsel- cUB Speakers will discuss the substantive and procedural aspects of sexual harassment claims, the developing law, and the practical methods ofmanaging claims in the workplace. Attorneys for claimants and defendants, law professors, and a universityadministrator familiar with discrimination issues will discuss changes in the law. Jaeckle Award Paul J. Suozzi, of Hurwitz & Fine, P.C. and Philip Brothman, of Hurst, Brothman & Yusick, serve as co-chairs of the Convocation committee. Law Professor Charles P. Ewing will present the issues and speakers. Professor Lucinda Finley will the substantive law overview. Her topics include sexual harassment claims under Title VII, the New York Human Rights Law and tort law; the impact of expanded damages remedies provided by the Civil rights Act of 1991 and tax implications; judicial approaches to determining what constitutes a hostile work environment - applyingthe' 'reasonable man or "reasonable woman" standard; and First Amendment issues when the hostile environment consists of words and pictures. Carol E. Heckman, litigation partthelocal law firm Lippes, Kaminsky, ner in Silverstein, Mathias & Wexler,and chair ofthe Federal Practice Committee, Erie County Bar Association, will discuss "Presenting the Claimant's Case." Among her topics are theroles oftheEEOC and New York State Division of Human Rights; remedies under Title VII, New York State Executive Law and common law torttheories; and strategic considerations in selectingforums, time limitationsand avoiding common pitfalls. Robert A. Doren, employment law defense attorney in the local law firm of Flaherty, Cohen, Grande, Randazzo & Doren, will speak on "Defending and Avoiding Harassment Claims.'' His topics include Freedom of Information Act requests of EEOC; complying with proposed EEOC settlements; representing the employer as well as the "harasser" conflicts of interest; controlling the witness for discovery and trial; and defense and strategies as they relate to various harassments. Sheila J. Nickson, former assistant to the President and Director ofAffirmative Action, Buffalo State college, will discuss' 'Taking Care ofBusiness.'' She, will discuss developing policies on sexual harassment under federal regulations and EEOC guidelines; dissemination ofpolicies to management and employees ~ publications, orientation seminarsand staff meeting; investigation ofcomplaints while maintaining a viable workplace ~ clarifying the claim and determining its validity; and protecting the rights of the accused and accuser while preserving confidentiality. An extended panel discussion and question and answer period will follow. KLaw — Students can attend the morning program free of charge. To receive valuable writtenmaterials, however, you mustpre-register. Sign upby February 28 in the alumni office, --320 O'Brian Hall. Students wishing to stay for lunch and the Jaeckle Awards ceremony should sign up in thealumni officefor alaw firm scholarship.'' Many arealaw firms buy tables and usually have places available for law students. * �Loan Repayment Assistance Program comes to UB Law JUST WHAT IS A LOAN REPAYMENT ASSISTANCE PROGRAM? TheLoan Repayment Assistance Prois gram designed to provide financial assistance, by way of loan assistance and loan forgiveness, to UB law graduates who are pursuing careers in traditionally lower paying public interest/public service law. The LRAP is intended to (a) reduce high educational debt burden as an obstacle to pursuing a job at a public interest law organization and (b) encourage, through continuing assistance, graduates to pursue careers in public interest/public service law. IS THERE A NEED FOR LOAN REPAYMENTAT UB LAW SCHOOL? Based on a BPILP survey completed in September 1991, approximately half of the responding students (10 percent response rate), reported an expected educational debt burden of $25,000 or more (including undergraduate and other-graduate education). Of these students, 2/3 reported having an anticipated debt exceeding $40,000. Almost all students reported that thejrdebt was going to be a major{actor in pursuing and accepting post-graduate employment. HOW DID LRAP COME TO BE AT UB LAW SCHOOL? In 1988, BPILP began conceptualizing anLRAP. In 199l,on behalfofthe Law School, BPILP wrote a grant to the State Interest on Lawyer Account (IOLA) Fund funding support. The proposal was favorably rejected (they said it was a good idea, just needed some more thought and some specific changes). In 1992, we again submitted a proposal to lOLA for LRAP, this time in conjunction with the Law SchoqJ at Queens College (CUNY), addressing one major lOLA concern from the previous year. As a result, we received a $50,000 grant for one year to provide loan repayment assistance to graduates ofour schools who are working in civil legal services agencies anywhere in New YorkState. The school has astrong commitment to enacting a full LRAP program by raising additional funds to support graduates who pursue other Seminar on Law and Medicine by Natalie Lesh, Business Manager Law students and medical students shared a classroom last week in a unique attempt to bridge the ever-widening gap between the two professions. As part of Professor/Associate Dean Lee Albert's ' 'Clinical Medicine Policy Issues'' course, twelve law students converged upon the medical school for an intensive week of lectures and discussion. The medical students, all third-years and in the middle of rigorous rotation schedules, elected to take this course during one of their four oneweek breaks ofthe entire year. The week began with two days of lectures by doctors and lawyers from the community. The well-chosen speakers ably introduced the topics which would become the focus ofthe week. The topics included: Informed Consent, Health Care Proxies, and Patients' Rights; AIDS- Responsibilities and Rights of Patients, Providers, and Society; Resurrection Medicine and Futile Treatment of the Terminally 111; Process and Roles of Various Constituencies in Resolving Policy Dilemmas; Hospitals' Control Over Medical Practice; Rationing of Health Resources; Malpractice and Defensive Medicine; and Medical Responsibility for the Unserved. After this introduction to the issues, we formed groups consisting of two law students and one medical student each. For the next two days the groups visited various sites and interviewed "resource" people throughout the city, in order to research their respective topics. The goal of the research was to understand how certain policies actually worked in practice and to formulate a proposal on how such polices could be improved. On Friday, the groups presented theirproposals and facilitated the discussion oftheir issue. For those fortunate enough to have been part of this wonderful experience, areas of public interest law, like public defense, and those who chose careers outside of the state. WHERE IS LRAP NOW? Dean Filvaroff and Associate Dean Carrel are working with the BPILP Loan Repayment Assistance Committee to develop the full program, including its structure and administration, as well as the development offuture funding sources. This working group is currently reviewing materials from other schools as we begin the development of specific eligibility criteria and the best formula for determininglevels ofassistance (for example, aratio based on adjusted income and education debt). The school is committed to fully supporting this program, to developing a full program for all UB graduates, and to future funding ofthe program, as we all. want this program to succeed and be a part of our institution for many years to come. WHEN IS LRAP GOING TO BE KEXDY? It is anticipated that this program will be operating in time to assist students graduating in the Class of 1992. WHOISELIGIBLETO PARTICIPATE IN LRAP? The program isavailaMetograduates up to and including the Class of 1988, retroactively. The specific details of eligibility are still be worked out, but it generally will require the student to meet employment criteria (again, generally, public interest/public service law), as well as income and adjusted income requirements. HOW CAN I FIND OUT MORE? There will be an informational meetingabout LRAP for students soon, probably in about three weeks. At this meeting we will be presenting the "ecihes ofthe proposed program andasking studentsfor feedback. We also will be available to answer yourquestionsregardingthisprogram. Stay tuned to the OPINION for further details. Also, ifyou just can't wait and want to find out more, stop by the BPILP office, room 413 O'Brian Hall. Friday waslearning at its best. The giveand take belied the stereotypical portrait ofthe legal andmedical professions, which paints them as antagonistic, mutually exclusive groups. Although there wasa good amount ofdebate,there wasalso solid agreement on a number of issues. It was a refreshing reminder to the law students that most doctors are not just out to earn as much money aspossible, negligently ignoring the needs oftheir patients. It also reminded the medical students that most lawyers are not just out to "get" doctors, failing to appreciate the complexity oftheir work. The concern with the American health care system is, ofcourse, verytimely. Change is inevitable, as costs are skyrocketing while services are simultaneously declining. Most ofthe efforts to improve this disastrous situation have been mere ' 'band aids," temporarily healing one small part ofa monstrous injury. Many believe that this year's presidential election, as wellas other upcoming elections, may hinge upon the candidates' proposed health care re- form policies. In this context, a joint course offering in the law and medical shcools is fantastic. The greater the understanding betwee.. the medical and legal professions, the greater the possibilty for developing a health care system which more fully addresses the major areas ofconcern. Lawmakers often forget that the realities of clinical medicine will determine the effectiveness ofa given health care policy. On the other hand, doc.ors often forget that they are the only ones who can provide this information. Doctors md lawyers must therefore york together in formulating a health care policy which will serve the American people. Lawyers must be more willing to allow doctors into the process, and doctors must be more willing to accept this role. Mutual respect and understanding are prerequisites to any process as complex and important as reforming the American health care system. This course isa step in the right direction. U.B. Law Student Contemplates Federal Suit by Angela Marie Gott All differently abled law students will require accommodations of some kind for the New York Bar exam and the access to the same kind, level, degree ofaccommodations youare receiving at this law school isnot automatically guaranteed forthe New York Bar exam as I am quickly finding out. You have to apply/petition/request these accommodations 90 days before the Bar Exam is given. No one at this Law School made me aware ofthis fact and just by a miracle, on the 90th. day at 7:30 PM, when I was waiting for a document to print and thought I'd look at the rules, did 1 happen to make this disovery. Thanks to Dary I Parker, who drove my request to the Williams Street Post Office justprior to midnight, my request was timely submitted. Those "differently abled" law students who have documentation certifying and describing the existence, nature and extent of their disability and who have been receiving accommodations based on this documenta- tion should not belulled into believing that requires all state and local government this documentation will be accepted by the programs to be accessible to the disabled New York board of Law Examiners. Just and prohibits discrimination against the the fact that you have been recognized as disabled. The A.D.A. is not tied toreceipt "Disabled" and have been treated and ofFederal Funding either. State and local accorded accommodations for your status government programs must obey the Fedas' 'differentlyabled" in the past, does not eral mandates or be in violation. All,, disabled have a "private right ofaction and guarantee you this recognition and acceptance of status by the New York board of may proceed directly into Federal District Law Examiners. Court to complain. In my situation, all my documentaDo realize that the A.D.A., Title 11, which became effective January 26, 1992, tion was procured in 1977-1981 when I put ...Threat continued on page 14 The New York State Bar Association offers great opportunities to be updated on New York law. But did you know that New York State Bar Association also offers members valuable insurance coverage? For example, TERMLIFE MEDICAL $750,000 benefit available to members and their spouses; —— Up10%tovolume discount offered on a policy of $250,000 or more; — Annual dividends — paid to policyholders since 1962. — Comprehensive and Excess Major Medical coverages available; For more information contact: Competitive benefit provisions and rating structure; — Your — choice ofbenefit plans and deductibles. NEW YORK STATE BAR ASSOCIATION Membership Services Department 111 I I One Elk Street, Albany, New York 12207 NYS BA Phone: ( 5 18) 463-3200 lIMBI February 18,1992 The Opinion 7 �Exclusive Opinion Interview with Dr. Leonard Thefollowing is a transcript ofa 2 hour and 45 minute interview between Opinion News Editor, Saultan H. Baptiste and Dr. Leonard Jefferies. This exclusive interview has been edited due to length. Opinion: What happened during your meeting with Elliot Morgan, a Harvard student whointerviewed you last year for the Crimson. He said you insulted black authors and threatened his life. Jefferies: The day before, I was supposed to speak at Baruch College who had the same problems or probably worse than the students here. The Baruch College administration. .were trying to resist them having it there.. .So, here is this guy sitting in my office, I'm learning that my father isdying. I don't even have time to mourn, don't have time to cry. And then I said, well, I can't let those student'sdown. I've got to go there-at 7:00 but what I'll do is.. .turn the lecture into a dedication to my father who just passed away.. .andldidalibationdedicatingtomyfather. Soeven he said "Oh, even jews stood up and applauded you," because he was up in the balcony. Then he came to us the next day. We let him come to our classes, 11:00 -12:00 pm. Then at 12:00 we go to lunch: we don't give interviews at lunch. Lunch is, you know, the faculty diningroom. It's ten ortwelve ofus, so afterthe lunch we went up to the conference .[H]e's a naive type ofguy with no real understanding of the black experience. .but he also was planted because he started asking, I remember, provocative questions. He's the one who said the Crimson was called the Kykeson. So those are the types ofthings he had come to run past us to solicit. But he already had a made-up thing already in his mind. We gave him this much documents up in the conference room (indicating approximately 1 inchthinkness). He embraced me and said he had never been so wellreceived. He went to my secretary. She wasn't in, so he wrote a note on her lamp saying, "Thank you very much." When she came, he embraced her. And then he went up the street to Brother Small and said goodbye to him. Brother Small gave him a book and then he went to Harvard. It's at Harvard that he testified on TV. that he talked [Alan] to Dershowitz and it's Dershowitz who came down to New York saying that he [Elliot Morgan] had been attacked by us or threatened by us. .So, he had been programed and processed by some otherpeople.. .[H]esaid we threatened him to kill him. He said we took his tape. .and he said Brother Small threatened to kill him. So, obviously he was planted. You see this is the way they operate; get a black person to bring charges against black leadership. Opinion:Many of your critics have said you are a conspiracy theorist,... Jefferies: Slavery wasa conspiracy.. .movies were a conspiracy, I'm not backing down from that. They put that tag on me two years. They said I was a conspiracy theorist. I said on the "Geraldo" show that AIDS may well be part ofa long term plot against Black people.. .So they typed me conspiracy theorist. But they don't wantany reference to their historical relationship to oppression, because they have taken on the mantle ofthe oppressed.. .But some of them were the oppressors and they are going to have to deal with that. And that's not the main thing that we're talking about. We're talking about genocide and reparations and we want to include everybody. It is not in our interest to focus in on anybody. Opinion: So how do you define conspiracy? Jefferies: Concert ofinterest.. .The movies, Hollywood.isaconspiracy against black folk. People sat around tables or sat in the living room, or sat in the Hillcrest Country Club, which was the country club for jewsbecause they couldn't get in the Wasp country clubs, and they sat around and plottedand planned and programmed what was going to be on the silver screen. And they plotted and planned that America was going to have this idolized Dick and Jane image and that gangsters were going to be idealized and that blackfolk were going to be wiped out and that Native Americans were going to be wiped out. And they plotted and planned those things. Nothing occurs on the silver screen without people sitting down and saying "we're going to do this and that". For instance, when Danny Kaye who. .Samuel Goldwyn. .liked. .[did] a screening ofDanny Kaye. people said "This man can't make it. His nose is too big." But because Goldwyn liked him. .he. .got this brilliant idea. "Well, if people are going to focus ofhis let'sdye his hair blond and that would take away from the nose. So, Danny Kaye's role in the movies comes as a result ofsomeone deciding that his image could be improved and his negativity could be neutralized by blonding his hair. The images on the screen ofa Black fat woman a mammy. The image ofa black man with his eyes bulging out, the image ofa black man shaking and trembling. Those were plotted and planned by the producers and directors and others. And whenthey saw this model making money . . . . . . . . . . . . .. . nose.. - 8 The Opinion . . they said "Let's do it too." And the prototype for the negative stereotyping of black folk is "The Birth of a Nation," in 1915. It was at that point that members ofthe Jewish community are beginning to takeamajor role in the film industry. Now that's the history. Opinion: There are articles saying that because melanin is in black skin, blacks are dominant. Jefferies: We don't say that. What we do say is that melanin makes you different and Godbless the difference. The blackness isa blessing, not a curse. And melanin gives us an advantage. Everybody on the planet has to have melanin otherwise you can't survive. Melanin is something that is part ofnatural development. But if you are •living in the sun, then you.. .develop melanin to protect you from ultravioletrays ofthe sun. And that process is referred to as Gloger's law.. .and that is why people ofcolor have color.. .It is a physical advantage, but we do not make any reference to intellect. They put that in only to pair me with a jew. .a Professor Michael Levin, who has gone around the world saying that black folk are inferior because of tests. There is no cry against him. There is no Jewish organization disowning him. .They wanted to pair me with him because it was part oftheirplot in place to create the image of Jefferies- theanti-semite, who got control of the education in the state of New York and forced Africanness on the commission and the task force. Melanin is important in the human family. In the beginning you have DNA, RNA and melanin.. .the organizing molecule for the cell. That's neural melanin. .Epidermal melanin is the outer aspect of pigment. And this pigment is necessary in order for you to negotiate the ecosystem ofthe planet. Europeans lack it because [they] evolved in the ecosystem ofthe ice. The dominate environmental factor ofthe European and Northern Asian cradle. .lias been the great ice age. And people know this,.. .the genesisoftheEuropean isout ofthe ice.. .which descended on europe 100,000 yearago. It lasted 90,000 years.. .and it ended around 7,000 to 8,000 B.C. The European.. date themselves.. .as emerging onthe human plain in 40-50,000 B,C. We are saying that the ice factor is the reason for the european losing the melanin and developing his own •biological andphysical characteristics. But worsethan that is. .the mental characteristics which comes out of an environment of survival in the ice [which] are a domination ofthe male principle in leadership, a selfishness, a selfcenterf;dness,agreed,aterritoriality.. .There is a different value system that comes out ofthe Northern cradle than the Southern cradle which has a laid back environment. Opinion: Is this a new theory? Jefferies: No. It is onlynew in the sense that a black man is articulating itand he has been thrust at the center of educational reform. Opinion: Where did it derive from? Jefferies: The Europeans have used it.. .for the last 200 years to say theyare superior. They say the people of the sun are inferior because the sun makes them lazy. .They say the European is. .superior because he is the aggressive one in the ice.. .They have used this, intellectually, to say that that's why the are superior. And that forms the foundation of white supremacy. Now we're saying "wait a minute, that may not be the case." We're not talking superiority, we're talking difference. .Your male dominated behavior.. and your greed, your selfishness, institutionalized and systemic, may come from your ecology. Opinion: I read an article in the New YorkMagazine (September 2, 1991) where you said you have to have melanin to be human and it seems to imply that whites are not human. Jefferies: No. Everybody has melanin. Whites are deficient ofmelanin because if you are in the caves you do not need it. You need melanin to negotiate an environment ofthe sun. If most ofyour life is spent in the caves or in an environment that is not sun filled. then by natural evolution. .you lose that which you do not need. Opinion: There some people who have stated that you do not allowwhite students in your classes. Is that true, and if so why? Jefferies: I have no control over that. That's an absolute lie. The head ofthe Hillel was in my class last year.. .and cvenafterthe attacks of August [ 1991], he came in September, he came to me and said "Dr. Jefferies, will you be my advisorformy independent studyand will you speak to Hillel". When students register, I get a computer printout. Most ofthis mis-information comes from the fact that a white boy whohad his class in 1980. He said he learned more in that class than he had many other class in college. .and he wrote a columncalled "Crazy White Boy Blues.'' . . .. . . .. room.. February 18,1992 Jefferies And in It he wrote a lot ofmess, fantastic and cute etc., and that went into the computer down in Washington, funded by the Heritage Foundation, and they put it into the international computer bank. When I went to the University of Minnesota Law School, last spring to lecture, the students said "Dr. J., do you know what's in the computer on you." .and all this bullshit comes out, that was put in there, by people who got the City College article. .They won't say that when they tried to have a hearing on me because ofthe article, the white boy refused to come because he said lie's not attacking Jefferies. They don't say that he wrote a . . . The Storm Before the Calm: Student Interest Builds Before Jefferies Speech by Saultan H. Baptiste, News Editor During the four days prior to Dr. Leonard Jefferies' speech, a great deal of commotion was astir on ÜB's campus. Many students were inter, ested in Jefferies theories and looked forward to hearing him speak. Although most interviewed said they had never heard his theories, they believed he was anti-semitic, based on reports in the media. In addition, a great deal ofanti-Jefferies information was circulated on ÜB's campus prior to his arrival. One such campaign was lead by ÜB's Jewish Student Union (JSU). Rachael Small, President of the JSU, stated an interview prior to Jefferies' arrival, that in although Jefferies is protected by a First Amendment right to freedom of speech "we (JSU) have every right to be there to rebut him." JSU Publicist, Scott Herman, said that he didnot feel Jefferies should have been invited to ÜB, but "there [was] nothing we could do about [it]." He was concerned as to howlong the First Amendment would hold out for Jefferies. Referring to thefirst amendment exclusion of exciting a riot, Herman said, "maybe not here, but someplace else. .when Jefferies speaks there is goingtobe violence.. .and then, hopefully people will wise up and see that this man should not be allowed to speak on college ~~ campuses. Small said sheplanned to get asmany Jewish students as she could to attend the lecture. She said, "if he should say anything that is racist or false we want to beable to stand up and challenge him. If he says something anti-semitic during the speech. .1, or a[nother] Jewish student, should stand upand counteract it.. The more students, the better. .We did want to stop the speech, but we realized we couldn't.. .This was our next step." Herman said [Jefferies] loves the confron...Storm continued on page 14 . . . .. . . . . fourth article saying that it's not about Jefferies and that people should take it as a joke. Opinion: I spoke to Black students who took your class at CUNY, and they said that you referred to White people as "White boys" or to Gays as "faggots". Jefferies: Well, we very rarely do that in class, because. a lot of our people are gay, so why would we insult them. We always say "White boy." That has never been a problem in this country because they referred to Blacks as boys. .We refer to them. as "White boys" because they are younger than us. Weare the elders ofthe human family.. Black people are the mothers and fathers ofhumankind. Opinion: But, what if they perceive that as being derogatory, similar to walking up to a black male and calling them a' 'black boy. They mightconsider it derogatory. Jefferies: I don't talk to a group ofpeople and say ' 'white boy.'' I speak in general terms about white folk. I .. . �. either say "white folk' vor "thfc white boy." I don't walk up to white person and say "white boy.". .1 am saying that they call us' 'boys." lam saying that they have institutionalized it in the culture ofAmerica. And there's not a single. person raising these issues like they should except me. Opinion: But don't you think that it might turn people away? Jefferies: 1 really don't care. I don't care what black folks think or white folks think. I'm raising issues. I'm gettingpeople to think. I'm not worried about that. That's insignificant. Opinion: So, you think it's necessary to use those terms? The Day After: BSA and JSU Students Meet to Build Bridges Students express their feelings at a round table discussion following Dr. Jefferies' visit. Photo: Michael Radjavitch by Saultan H. Baptiste, News Editor On Saturday, July Bth, the Jewish Student Union (JSU) invited members ofthe Black Student Union (BSU) to meet for brunch and postJefferies discussions. This event was planned prior to his lecture to ease tensions between the two groups. Both groups dealt with raw facts and expressed their feelings and impressions. During the brunch, small group discussions ensued on various topics raised by Jefferies. Most students agreed that Jefferies did not say anything antisemetic, but some Jewish students said he did not make those statementsbecause they were present. Several Black students responded "you're just not willing to admitt that he is not anti-semetic.'' After about three hours of independent small groupdebate, both groupsjoined foracircle , discussion regarding the 'fact sheet distributed by the law school organization, Students for Constitutional Concerns (SCC). One BSU member said,''that ifyou didn'tknow who [Jefferies] was, afterreading the 'fact sheet,' you'd think he was a monster." All the students found the document mostly unfactual, unsubstantiated and absent ofneutrality. One Jewish student said "it was a chop job.'' They dissected each quote and said that the authors played tricks with facts and fed on sterotypes of Jews. Overall, the forum seemed to promote a sharing of religion, language and tradition as members shared theirvaried cultural backgrounds. Although both groups had no interaction prior to the storm of Jeffries event, they made plans to schedule future joint events such as a cultural night andresearch groups! They ended the night with a game ofLaserTron. It seems as ifa silver lining has been found in the wake ofthe Jeffries visit. Jefferies: It is. It is absolutely necessary, so I use it. I doubt whether whitefolk have.. .been manly. They have participated, globaHy, in the destruction ofpeople ofcolor. They are now participating in the same process with me.. .There was only one white scholar, who happened to be a Jewish scholar, Professor Kent, that said ' 'what Jefferies said about the movies is correct. I'm a Russian Jew and I should know." There has not been one other white person to stand up.. .and become a man. They are still operating as boys.. .Very few Blacks have stood up too, and the boy syndrome is still with them. This isa man talking about the human family. And blacks are not challenging their negative imaging in the movies. In fact, theyare participating in it.. .that'swhyyou have "In Living Color." You can't get those youngsters to change. They are successful. They are playing the white boy game. Black boys are doing the White boy thing better that the White .. . . . . . .. . . .. . . . . . boys. ,v* became a national controversy called the '-Curriculum of Opinion: Like Spike Lee, John Singleton. Inclusion." The major portion of writing. .was [by] Dr. Jefferies: They're trying to grow, but the Wayans, Leonard Jefferies. and just the concept laid out in those "In Living Color, "is not growth.. .Do see anyone saying 500 copies, has upset white supremacy and the world. anything about "In Living Color." When they say anyWhy is somebody who hasn't published anything, thing about gays. .orboys.. .orwhenthey have that Black why would you spend so much media coverage on him. man crawling out of a box... .Not a damn thing. The And if he is not.. a scholar, if he's a fraud, why don't you conspiracy is systemic. Once you have a system in place bring out the scholarship. If he's a thug, and has no. which is culturally dominate, your participate in it. .scholarly substance, then why spend soon much time on That's what Malcolm [X] said. You don't have to tell him. Let him thug his way into oblivion. slaves to goaround the back. If you have a slave culture, Opinion: Some have suggested just thatand they say the Africans or slave people will go around the back and you will just fade away. They say you have no degrees in carve a door out for themselves. [It will continue] until history. How do you defend that? you get a man, like aFrederick Douglass, whoruns away Jefferies: Do you have to have a degree in history to from enslavement,.. .a manlike David Walker who spoke be a scholar. .How many ofthese newspaper people, or out against it and gave his life. Men are willing to give these people attacking me, have a Ph.D. In order to get a their lives; boys find a comfort zone. I am making a Ph.D., you have to write a dissertation. Mine was 300 pages distinction between white boys and black boys, and white on primary research in the Ivory Coast. I am one ofthe men and black men, with a purpose. Most of the media leading experts onthe I voryCoast. I'm waiting forthe head people that [come] around, including blacks, haven't had ofthe Ivory Coast to die so that PhD can be published. I the intellectual curiosity. or understanding to go into have never been into the European thing of 'perish or these things ina serious way. All their doing is fulling their publish.'. professional roles and reporting it. I got tenure (at CUNY) because they need my Opinion: What type of impact do you feel your academic and professional skills to structure a new discilectures will have on African-American students? pline called Black Studies. In order for them to get me to Jefferies: Wake them up. Quickening of the spirit. do that, they had to say "you are worth to us giving you The boys will become men. Now they have to make some tenure." And that's how I got it. Scholarship is just not decisions, because people are threatening them. If by the writing. .scholarship is organizing scholars. .[and] feet that they want to have a black history program and research. And when you are asked to be a leader of a they want to bring.. .people to speak at a university, which scholarly discipline, your criteria of evaluation is what is suppose to be place where ideas are suppose to be heard, you've done in the area of leading the scholarship not in no matter how controversial, because ifthings are only in writingabout it. Writing, it isthe underlings underyou that the press where there is a give and take, then it should be do the writing. lam chairman ofa department of25 people. in universities. So, what is happening is that Black I am directing and encouraging them to write. .That is youngsters around the country are saying "we want to more than the scholarship of writing books. That's more hear what is being said. We want to make our own that writing position papers. decisions." So there is a growth. There is a manhood.. Opinion: What do you see as your long term goal? .and a womanhood process being put in place by Black Jefferies: The manhood and womanhood ofAfrican youngsters. peoples and Latin peoples and Asian peoples and White Opinion: Did you mention the "White pussy synfolk who can stand up and get us prepared for the 21st drome" in your classes? Century. Otherwise, the 21st Century is going to be a Jefferies: Definitely. That was the big thing in that disaster. white boy's article. W.P.S. we call it, the white pussy Opinion: What would you like to see the Black syndrome. And it's in this culture. The White woman is students at U.B. do after you leave? put on a pedestal and that's [the] standard. Everything is Jefferies: Get into seriousresearch. Form research revolving around her. She is sold and prostituted. But, teams [and] study groups, organize seminars, that's what because Black women mightfeel offended,... we changed we're calling for.. One ofthe most important and intellecit to S.E.X., Super Exploitation of the "X" Factor. In tual endeavors has occurredand we are in the middle ofit. most instances the "X" factor is the White woman. In .this is the legacy we are leaving for you. Ydu will be some instances the "X" factor is the Black man. the doing the follow up and the research and the work into the Black athlete.. .[l]n order to sell commodities in America future just as the students who fought in the late 60's [and] the blond, blue eyed. White woman is the pinnacle.. .It is created the Black Studies Movement and weprofited from so insidious inthe culture that even strong Black men, who that. Now we have created this larger movement for your should know better, revert to becoming boys... generation. The question is weather or not you have the Opinion: Back to the issue of Gays, are you anti- manhood. .or the womanhood to take the challenge, or Gay? whether itis more comfortable for you to act like boys and Jefferies: Understanding were I am coming from, find a comfort zone in white supremacy. trying to uphold the African standard, you have the right Post Lecture Comments to have any partner that you wish. Any color. You have Opinion: A Jewish student commented after your a right to have any sexual preference that you wish. There is no need to put downpeople for that. But that is not the speech that he felt that your statement that African genes How do standard that you're going to ask me to hold up. I'll are dominate and European genes were recessive. this? respond you to appreciate you and whatyourinterests I' 11respect you Jefferies: That's science. That's not me. African forthat, but that is not the standard.. .We are dealing with are dominate.. It doesn't have anything to do with genes standards set by the god-force ofthe universe. And the anti-semitism [or] Jews. African pigment genes are domigod-force says that if you are black, you should be black to European pigment genes which are and proud. Not walking around feeling that you are nate as opposed inferior because somebody is white. Ifyou're Gay, that's recessive. Opinion: Many of Jewish students had problems your situation. It can be respected because you may have no control over that. But that's not the situation that we with your views. Jefferies: When you are dealing with the Jewish would want all in natures creation to beabout. Ifyou have population you are dealing with a complex mix of race, a preference for a white woman then that's your situation. but that's not the standard. We are talking an African religion and culture. So here we are confusing the whole bit. .It's bad enough for them to have to negotiate the standard. If we don't have it,and don't understand it, then Jewish-Gentile Syndrome. And here we are coming with peoples will be wiped out and devastated and that is what another mess saying that the. .cultural and institutional has happened.. .We have moved away from that because foundation ofthe human experience is African. They can't we have been blinded by whiteness. They just can't fit it in anyway.. .If you have been .I'm here, standing on this truth, ready to die for fathom it. told that Africa is nothing but savage and primitive, and it. And I ain't going to become a Black boy or White boy. I'm going to be here with this truth. If the truth is wrong, here comes this guy saying that Kemit is that which made you what you are. They believe that God choose them. then bring the evidence, bring the documentation. Let's that is the underlying attack. have some discourse. but not a single scholar has stood Opinion: You said that many religions and nations up and said "here is the documentation that you should were involved in slavery, but you spent a lot oftime on the change your opinion".. They use the newspaper people, and others, like this youngster from Harvard. Not a single Jewish involvement. Jefferies: Because the Jews have been the biggest scholar has stood up. However, Jewish scholars, whohave [to do with slavery]. .You some courage, enough to contact me, but not enough deniers of having anything should read what wrote the [New York] Times. ' 'No they in manhood to stand up, have sent me information about the .how could you dare." Jews could be be every involved.. Jews involvement in our slavery. have all the letters these people We sent. They don't even Opinion: Many ofyour critics question your scholknow their own We made the distinction -we said history. arship and say you have not been published. Why haven't merchants and rich people.. .Let's be real.. #. you published anything on your theories? Jefferies: The reason why I am the center of the storm is because of publication. In a publication, there . . are. . . . . . . . . . . February 18,1992 . The Opinion 9 �...Jefferies Speech continued from page 1 and developed a value system built on aggression and male dominanceand superiority. This value system was unlike that ofthe "Sun People" (black people) who had greaterresources and a value system of balance between men and women. Jefferies supported this theory by referring to "scientific studies" stated in various articles in Newsweek magazine and U.S. News and World Report. He commented on the title "The Way We Were" used in the November 10, 1986 issue of Newsweek, which discussed the European ice age. He said it should be entitled "The Way They Were." Jefferies said that "the European," referring to white people, "[are] not prepared to deal with the truth ofthe universe." Jefferies said that he was surprised by the way many members of the Jewish community have reacted towards him. He said that his "Jewish brethren.. have been dealt a dirty deck of cards by white supremacy," and that "the holocaust ofthe Jews takes nothing away from the African and Native American holocaust." He stated, "we have never singled out Jews regarding their involvement in slavery but that [he] would not bury their interest," whichalso included the Catholics and Protestants. He once again reiterated that "It is not about anti-Semitism," but added that it was about "anti-Kemitism," referring to the wordKemit," meaning Egyptian. Jefferies attempted to bait hostility his audience with the comment in "Isabella's jewels has little to do with the discovery of America. Isabella's Jews did." The statement was followed bya full minute of silence and he then switched to another topic. Over one hour later, he returned to the topic and elaborated on his statement. Using his system ofanalysis, Jefferies discussed the Jewish involvement in the colonization ofAmerica. He said that in 1492, the same year Columbus landed in America, the Spaniards overthrew the Is- lam religion with the defeat of the Moors and the taking of Grenada. He also stated that Jews were forced to change theirnames and those that did not were persecuted by the Christians. He said Jews were the first to participate in the colonization so that their persecuted people could be sent to a safer place. Jefferiessaid "Blackfolk.. have two souls in one body: whether to be true to yourself orbe areflection of someone else. He said that society says "to be successful, you must be. white and if not, try to be white." He said today's educational system teaches you''to talk white, walk white, and get a white one if you can (pause) a white degree." He said such a society creates a "Michael Jackson Syndrome," referring to Michael Jackson'swhitening of his skin. After the laughter from the audience quieted, Jefferies stated that his problem was not a joke but a dilemma that all African-American's face. He said Michael Jackson is "a victim ofbeing sold on white supremacy. .and never reached full African manhood development." He extended his analysis to Japan's role as an economic power. Jefferies said Japan was tricked into believing that the U.S. had many nuclear bombs during WWII and would not be tricked again. He said Japan is at war, but not a military one. He said "economics negotiates the environment and creates. Politics manages the economy and distributes the wealth." He said when economics, politics, and culture are brought together, there is power and balance. He said, "Blacks are not allowed to synthesize these factors for power." Jefferies said that the socialization of African-Americans is done through the mediaand film in creatingnegative images. He asked the question "Can [Jews] seethe negativity ofthe cinema [as] the death and destruction of ourimage." He mentioned how the depiction ofAfrican-Americans in movies such as "The Birth of A Nation," . . . ...KwameTure continued front page 1 Mr. Ture's message for Sunday evening encompassed all that he had experienced in the United States during those turbulent times, as well as his experiences in Africa. His message was fundamentally directed to the African youth which constituted the predominant portion ofthe audience Begining witha discussion ofhistory, Mr. Ture proceeded to cover the areas of education, organization, justice, and capitalism. "History is crucial.. .History is only made by the masses of the people. .History, after all, is nothing other than the people's constant struggle for justice." Mr. Ture quoted Fredrick Douglass to further develope his message," Where there is no struggle, there isno progress. So ifprogress is eternal, and it is, struggle is eternal." Continuing, Mr. Ture stated, ". .If you begin your history in slavery, the best you can aspire to be is a good slave. [Thus], you will never find freedom unless youknow of a time in your people's history when you were free." Mr. Ture thenbegan to tie in the other themes of his lecture. "History imposes obligations... [the task is to] not onlyknow the truth, but live the truth. Truth is universal, not particular. There is no middle ground. [Finding the truth] is an eternal process oflearning. The more you know, the less you know. But the more you know, the better you can serve." " Students have the duty to translate to the masses the knowledge and understanding that they possess.. .History/progress is judged by the level of the masses of the people. The task is to serve humanity by serving a suffering part ofhumanity... Our . . . . . 10 The Opinion people have and continue to suffer. The massess of our people are worse offtoday than they were in 1960. Our people will be free... Ourpeople have to be free... And who's going to work for our people if not us." In the interview prior to the lecture Mr. Ture elaborated on this point with calm conviction. He stated that the appropriate question on the issue ofrevolution, "is not whether or not it. will happen, because it will, rather when." Mr. Ture went on to explain that the necessary ingredient is the institutionalization ofthe values, interests and principales of the people in a permanent organization. Mr. Ture pointed out numerous examples ofthe institutionalization ofwhite supremacist's values in permanent organizations in the community, (i.e. the police). Explaining this furtherduringhis lecture, Mr. Ture stated," No one person can make history, rather only those individuals who embody the dreams and aspirations of theirpeople make history... Capitalism has confused you at the level ofthought. You have been taught to believe that one great man changed history and that is not so. We cannot fight the enemy [capitalism] as individuals. .One individual by himself can make no effect upon the course of history, this is true." Continuing, he said "I want to be free, but I need you in order to do so. Organization is the transition [vehicle] to power." Echoing Malcom X, Mr. Ture went on saying, "Power can be obtained either through the ballot or the bullet. If it is through the ballot, we need the bullet to protect our gains." February 18,1992 . . which he said was done by a Gentile and paid for by a Jew, resulted in the greatest number of lynchings in America. Jefferiesconcluded his speech with a reiteration on his theme "Anti-kemit, not ,. anti-semite. He went through a detailed history ofhow the Washington monument, the symbols on the U.S. dollar bill, and other elements ofdaily life have their origin in Egypt. He also traced the history of African kings and queens and their place in history. He left students with the message to go beyond the stage of role modeling. Jefferiestold students to seek out the "mind model" ofpeople suchas Harriet Tubman. He said "find outthenature ofhermindand what motivated her to do what she did." Then they should model after her spirit which gave her the perserverence to keep going back to lead more slaves to freedom. The speech ended with a standing ovation from the majority of students present and had not been interrupted once during the lecture. After a short break, Jefferies entertained questions from the audience that remained during the early morning hours. There appeared to be a great divergence among the students thatremained. Most of the questions came from a group ofJewish students who sat together most ofthe night. When questioned on his scholarship and research sources, Jefferies challenged one Jewish student to name a scholar who contradicts his theory. One African-American studentsaid that what she gotout ofJefferies' speech wasa lesson and that she has a lot of work to do regarding her history. During the question and answer period several students commented as to whether or not the questioning Jewish students were in the same room and heard the same lecture. One African-American student stood up and said "They are not willing to accept that he is not anti-semetic." However, one Jewish student found Jefferies' statement during the lecture that African genes are dominate and European genes are recessive to be anti-semetic. Another Jewish student commented that isartti semetic by implication. He said that Jews are a fraction of the world population and he spent a large percentage ofhis time on the Jewish issue. Another Jewish student said his lecture was far too long. 'He said in 2 1/2 hours what he could have said in 5 minutes." An African-American student said "Jefferies is justified in concentrating on the issues regarding Jews because of the preconceived questions he knew people had before they arrived. Although some students thought the lecture to be long, Jefferies needed to clarify his position and relay 60% ofhisknowledge in an organized fashion, and I think he did it." Jefferies ended the question and answerperiod v >th the comment that UB was the first univjrsilv he had visited where there was disagreement, but still discourse. Vice Provost for Student Affairs, RobertPalmer, said that "Jefferies offered points of view which were insightful and challenging," and he did not find any of Jefferies comments "contrary to the traditions ofa university." Palmer said he was proud ofthe way students handled the lecture and that "we have a community where points ofviewcan beraised withoutintimidation. Dennis Black, Associate Vice Provost for Student Affairs, said that "[Jefferies] was very clear and that people who came with preconceived ideas could leave withsomething to think about.'' Both administrators commented that their only regret was that there was not another room to accommodate the large number of students that were turned away. BSU officers were also very disappointed that 150-200 students were turned away. Ramses Duvivier, BSU Activities Director, commented that Diefendorfhad the largest seating capacity available. When Jefferies was informed prior to speaking that so many students had been turned away, he expressed a willingness to give two consecutive lectures so students could hear him, however BSU was unable to execute such a plan since students hadalready been turned away, uninformed of such an opportunity. Mr. Ture repeatedly urged that Africans join an organization. He felt that an organization would be fine as long as that organization was working for the people in some way. And he went on to argue that, "If all the one's [organizations] out there [now] do not satisfy yourunderstanding ofwhat is necessary for the liberation ofyour people, you should create your own." Mr. Ture also pointed out the fact that Africans have great potential for success, while not fully utilizingthis potential in the past. He highlighted the long history of mobilization within the African community around issues or events which have struck a cord within the African community. As an example, he stated,"that when [Martin luther] King was shot, we burned 269 cities in two days,and then sat down for twenty years." However, Mr. Ture went on to say thatafter each traumatic time in the history of the African struggle, the level of consciouness ofthe mass ofthe people has been raised. He continued, that after an experience such as this, the people return with a vengence. In fact, Mr. Ture stated that it was today's African youth who were to lead tommorrowsrevolution, as "history has shown you the task to destroyAmerican imperialism." As an example ofthis ebb and flow, Mr. Ture pointed to the change in society's relationship to Malcom X. Mr. Ture said that whenMalcom X wasassasinated in the Audobon Ballroom no one knew who he was. Now every African youth knows who he was and what he stood for. Addressing hisattention to American Capitalism, Mr. Ture cited its "animalistic history." He continued that it is, "a corrupt system determined to exploit forever.... I speak about principles, and principles are clear. Corruption can never produce freedom. Capitalism knows no sentimentality, and neither does revolution." Mr. Ture stated," Ideology is culturally based, this is true, [and] American capitalism does not come from African culture,rather European culture.. .America Our wellis not our culture, Africa is. being is not tied up with the well being of America." Mr. Ture later went on to point out that America is in fact the enemy ofAfrica having, "raped and pillaged herrepeatedly, attempting to hide and destroy everthing she has produced. Arid the enemy ofmy home and my people is an enemy ofmine." When asked in the interview to comment on the fall of communism in other parts ofthe world, Mr. Ture had this to say, "you can never judgea system by the people in that system. You must judge the system by the principles and ideology which it embodies. And ideology isculturally based. Marxism/Leninism did not originate in African culture, sothe fact that ithas failed theremeans nothing inour African struggle. Mr. Ture closed with a larger view of justice and Africa saying, "Justice is not a quantitative question, it is a qualitative question... Until Africa is united and free, no African across this globe will be re- ' .. . spected." Still a chance to join this wonderful organization... ...learn to spin a web... ...squeeze and massage with the best... -The Opinion Staff �The Opinion Mailbox : ...No Solutions continued from page 4 interesting for its suggestion that there is both strong truth and weak truth). The current status of Dr. King, therefore, appears to be that one may steal his rhetoric, but his ideas should be selectively suppressed. This is unfortunate, for in Montgomery onthat dayin 1965,Dr. King's idea was that "the end we seekis a society at peace with itself, a society that can live with its conscience. That will bea day not of the white man, not of the black man. That will be a day of man as man." Dr. King promised that such a day would not be long in coming, but if we do not reject the narrow, divisive agenda of Leonard Jeffries, that day appears nowhere in sight. Consider Mr. Jeffries' speech at ÜB. Let's grant his contention that truth can be gained through the learning process. Now weigh his theory, professed in his speech (see also New YorkMagazine, 1/21/91,and News Jay, 6/17/90), that blacks are superior to whites because they have more melanin— a skin pigment—and melanin regulates intellect and health. If we accept the degree ofscientific inquiry present in Mr. Jeffries' theory ofracial supremacy, we might as well revert to thinking the world is flat. Is itany wonder that the scientifie knowledge of American 13-year-oldsrecently placed 13th out of 15participating countries, when students at UB greet Jeffries' bad science with nods ofapproval, rather than the gutwrenching chortles oflaughter it deserves? I once heard a well-educated Asian man seriously declare that his race was the most advanced since Asian men had less facial hair. Perhaps we should invite him to speak next month. Or how about some pitiful jackass in a white sheet and a hood? The world is full of silly theories of racial supremecy that should be recognized for the garbage they are, no matter what the The Opinion Mailbox : ...Suggested Changes continued from page 4 Further, must one brief score be imposed uponboth partners? The oralrounds count individually, while a team receives onebriefscore. Should membership on the Board be contingent upon a competitor's ability to choose a partner, orhis orheroral and writing proficiency? 2. Procedural control over judges. Once we graduate law school, weare going to believe that we know best, and weare not going to like being told what to do,least of all by students still in law school. Without strict guidelines,though, thejudges' evaluations are far too arbitrary and capricious. When the competition is composed of nearly 150 judges and attorneys from the community, there may very well be 150 views on how the competition should be conducted. This is not to say that a diversity of interpretations necessarily has a deleterious effect on the competition, but all competitors should be evaluated as equitably as possible. The bench memorandum should include not only the facts, statutes and case law onthe issue at bar,but also therules and formalities each competitor is expected to follow in presenting his or her argument. For example, whether or not a briefrecitation of the facts should be read, or more importantly whether a competitor may ask if the judges would like to hear such recitation. How should the competitors address the court? "With all due respect", "No, your honor. How should parties be referred to? "Appellant, Respondent", or by name so as not to confuse the unprepared judge. These of course, are just examples, but little formalities such as these can go a long way, at minimum, to putting a competitor at ease knowing everyone has the same expectations. Thus, to this end, John Jablonski, was right on point. There must bea better articulated and utilized objective standard to promote "fairness" and vastly reduce utter subjectivity. 3. John Jablonski raises a valid point concerning the "secrecy" of the selection of the board members. Despite the alleged secrecy surrounding this past year's competition, the competition in 1990 was shrouded in even greater secrecy. It even got to the point last year where competitors had to petition for their scores because the board refused to release them. Everyone instantlyscreamed cover-up, sensing sonje impropriety in the way the scores were handled. In almost a knee-jerk reaction, the board did an aboutface, and any competitor so requesting could receive all oral argument and appellate brief scores. The current Moot CourtBoard should be commended for its decision to release both individual scores, as well as the median scores for all competitors. Additionally, the Board should release the "cutoff scores, thus allowing competitors to know how they compared to those qualifying for the Board, in addition to a comparison to the field on the whole. 4. Second-year v. Third-year competitor. To dispel any existing orpotential rumors ofpreferential treatment, the Moot Court Board should make it clear whether or not second-time competitors, or any third-year competitors, are admitted to the board under the same cut-off score. This past year's competition evidenced no such preferential treatment, while such rumors didsurround the 1990 competition. Consistency is all that really can be asked ofthe board, however, considering third-years are deemed "honorary members", it leaves room for additional misgivings about the selection process. 5. Affirmative Action. When does it end? Not only do minority students get assistance in preparing their briefs, but if that is not enough to get you on the board, "in the spirit of diversity" you might get invited to the board if your minority group is not "sufficiently/adequately" represented by those students qualifying for the board solely on the merits. There are few people who would argue with assisting students who have educational handicaps, or other physical impediments which limit one's ability to complete an appellate brief. The fact that the ' 'affirmative action brief assistance exists, no matterhow infrequently it may be used, is simply wrong - it is discriminatory. LAW REVIEW, TOO! While we were in the editorial neighborhood, we thought we would also add a few comments (no pun intended) as to how the Law Review Casenote Competition might be reformed. 1. All for one, and one for all. The Casenote Competition is not for the reading enjoyment ofthe Note & Comment Editors who have the dubious distinction ofhaving to read and score all the casenote submissions as part of their elected duties. The purpose of the Competition is to evaluate the participating students to determine who is worthy of being invited onto the Law Review. Therefore, what benefit is served by having approximately eight different cases distributed to participants at random? Is that really a fair way to differentiate between students? The list of cases usually includes issues from contracts, constitutional law, civil procedure, torts, and property law. Such a laundry list will inevitably include a , ethnicity oftheir proponents. The road to hell is paved with good intentions, and it may be with good intentions—to instill racial and ethnic pride, for instance—that we have lately become preoccupied with race as a criteria for judging the validity ofa speaker, or a statement, or an idea. Where twenty-five years ago the ideal was to be color-blind, today it is trendy to be color conscious. But the trendiness ofpeople like Jeffries only creates obstacles to solving the massive social problems that threaten to forever perpetuate the hellish conditions oflifeamong the underclass. Do Jeffries' bigoted attacks on whites, Jews, women, Italians, and gays promote a remedy for the 60% of black babies that are born out of wedlock, or for the 61% ofblack children who are raised in single-parent families, or for the 40% of black youth whoare unemployed, orfor the nearly one-half of all black children who are supported by state or federal public assistance? Do Leonard Jeffries' biological theories provide a sound model for the 6 out of 7 black students who don't score above the 50th percentile on standardized college admissions tests'.' Does Leonard Jeffries' babble about ice-people and sunpeople explain why roughly 40% of those murdered in the United States are black men killed by other black men, or why in some large cities black women are five times as likely to be raped as are whites? (statistics from a Harvard University study printed in First Things, June/July 1990). The facts are horrifying, and we need solutions; Jeffries' play to the politics of resentment offers none. His new separatism is no more useful than the old separatism. We need to assure a quality oflife to all our citizens, no matter what race or ethnicity. Our foundation must be built of equality, merit, conscience and principle, not hollow theories that di vert ourattention away from real achievement. To succeed, there has gotto be leadership; what Leonard Jeffries offers is a vile brand ofintellectual thumb-sucking. If the leadership insists on abdicating from its responsibility, it would be lamentable if we did not quote dead saints. Brian Carso, 3L great diversity as to information available (cases, law reviews, statutes), number of opinions (majority, concurrence, dissent), as well as interest (to the student). It most certainly did in the 1991 Casenote Competition, thereby exhibiting the dissimilarity in thelevel ofdifficulty among the Cases. Is therereally areason to have sucha diversity in cases? Somewhere the logic escapes. Many law schools use what isknown as a "closed universe" casenote competition. Every student receives a packet with between one and three hundred pages of cases, statutes, lawreviews, and othercommentaries. Each packet is the same and concerns the same case. Why? First ofall, itis fair because all students have the same case, a logical choice since the casenotes are being compared and contrasted with each other. There is no need to worry about theluck ofthe draw. The caseand issues are appropriately chosen and everyone is stuck with the case - take it or leave it. Secondly, since there is only one case, all necessary information isprovided, to avoid 200 students ransacking the library. The Casenote Competition should be predicated upon evaluating one's ability to write, use authority and cite. Sure, research is an important tool to a law student, but should a casenote be made or broken over a student's ability or inability to find certain materials (which may very well have been "misplaced" by another student with the same case). Third, students can still footnote and use the Bluebook to their hearts content. There should be ample material supplied to each competitor so a lack of citable information should not be the Achilles' heel of the closed universe competition. Lastly, it allows a greater number of students to compete. Not every student lives in close proximity to the Law School Library and not everyone is able to stay in Buffalo or be near another law library. A packet complete with case to be commented on and all materials needed and allowed to be cited, more law students could have the opportunity to compete, and compete fairly in the Casenote Competition. 2. Release of scores. Unlike the Moot Court Board, the Law Review steadfastly refuses to release competitor's casenote scores citing "tradition" as the reason. During the meeting in which first years are encouraged to compete in the Casenote Competition, the studentsare assured that even if they do not make Law Review, they can use their casenote as a writing sample. If students do not make Law Review, howare they to know whether their casenote is a worthy writing sample? There seems to be a lapse in logic. When asked why the Law Review refuses torelease scores, Bruce Brown, last year's Editor-in-Chief, responded that to do so would just increase the amount ofcomplaints the Law Reviewreceives as to why a specific individual did not make Law Review. This is an unacceptable answer. With somuchriding on qualifying forLaw Review, a few additional complaints would not place an undue burden on the Law Review. No one is suggesting that competitors know which Note & Comment Editor gave a specific score. Instead it would be relatively easy to release a composite score for each competitor sorequesting. The secrecy inherent in the selection process furthers the untrue assertion that there is something to hide. 3. Affirmative Action. A rather pleasant surprise is that Law Review does notoffer "historically disadvantaged" studentsassistance in writingthe casenote for the Competition. However, like the Moot Court Board, Law Review does practice affirmative action, where students ofcertain ' 'recognized minorities willbe placed onLaw Review ifnot admitted through the two standard ways ofgradesplus casenote or casenote alone the so-called "third" Review. way of By beginning with a premise that minority membership on Law Review should at least equal the proportion of minority to majority student population, theLaw Re viewhas created a quotasystem which we believe is unjust. Diversity is a great thing, and certainly the Law Review should seek to have adiverse membership, but "creating" positions for minorities is of questionablelegality giventhe Supreme Court's decision in Bakke. Well, these are of course only our opinions and do not necessarily reflect the views of the entire membership of SCC. However, anyone agreeing with them knowsthat actionsspeak louderthan words. Sincerely, Daniel Bildner, member ofneither Moot Court nor Law Review; Member, SCC Committee for Academic Standards & Professional Training Marc Hirschfield, Note & Comment Editor, UB Law Review; Honorary Member, Desmond Moot Court Board; Member, SCC Committee for Academic Standards & Professional Training - GIVE BLOOD February 18,1992 The Opinion 11 �From the Desk of the President by Brian P. Madrazo Resolutions On February 5, 1992 and February 12, 1992 the Board 6f Directors passed tliree resolutions on matters affecting the student body. Taken in order they are as follows: (1) A statement requesting that the faculty revoke the Faculty Statement or at the very least convenea committee to edit the statement so as to not chill First Amendment free speech rights; (2) A resolution regarding the law school proposed academic schedule for 1992-1993 and (3) A resolution requesting that proposed changes to the Drop/Add policy ofthe law school be sent back to committee to get both student and faculty feedback. Copies ofall three resolutions were distributed to the faculty and administration. They are posted in the mailroom and in the glass case outside the SBA office. Please*feel to take a look. moving 0n... Grades Once again the grade submission deadline of February 15 has come and gone and once again a significant amount ofthe faculty including a distressing number of seniorfaculty have ignored a deadline that they imposed on themselves. As ofFebruary 14,1992 at 5:00 p.m. over966 grades had not yet been turned in to the registrar. That included four first year classes comprising approximately 360 grades, 9 upper division courses comprising approximately 450 gradesand 10seminars with approximately 122 grades outstanding. If one figures that there are roughly 800 studentsattending Buffalo Law School and each takes 4.5 courses per semester then each semester approximately 3600 grades are produced. Therefore,on February 14, 1992 27% of the grades had not been turned in to the registrar. This figure is clearly unacceptable for a number of reasons including hampering a students ability to find summer or permanent employment, damaging the reputation ofthe school in the professional community, creating financial aid nightmares for students, causing some students to take an extra course in case they failed an exam and last but certainly not least causing needless anxiety among students especially first years. The Board ofDirectorshasreminded the faculty via a letter and in a faculty meeting. Further the Board will be taking the following steps during the coming weeks: (1) Letter to each faculty member who is late, copy of that letter to Dean Filvaroff and Associate Dean Boyer (2) One week later a letter to each faculty member who is late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner, University Council, the Faculty-Senate and the UUP. Further, as representative ofthe student body Iwill be filing a complaint with the Faculty-Student Relations Board on the behalfofeach and every student whodoes not yet have all ofhis or her grades. (3) One week later a letter to each faculty member who is late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner,University Council, the Faculty Senate, the UUP,the SUNY Board ofTrustees, Chancellor Johnstone, the Alumni Association. (4) One week later a letter to each faculty memberwhois late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner, University Council, the Faculty Senate, the UUP, the SUNY Board of Trustees, Chancellor Johnstone. the Alumni Association, The Court of Appeals, the ABA, the Higher Education Committee in the StateLegislature and (5) the media Each letter will list all the The Opinion 12 faculty whoare late and will include where eachletteris currently being sent and where it will be going. Personally, I hope that it does not come to sending even one letter but the deadline is far too generous as it is and the faculty must accept the responsibility of turning their grades in on time. Do not harass their secretaries or A & R, take your complaints to the professor and to the administration. moving 0n... Committees Still a very weak response for the budget, commencement, speaker committee 1993 and orientation 1992 committees. If you are interested stop by the office. moving 0n... Budget Proposals By now each recognized student group should have received the forms in their third floor mailbox. You are responsible for having them in by the deadline which is February 21 or the end of this week. Make sure you back up your requests with documentation. Drop by the office if you need help preparing your groups budget. What has been happening During the past two meetings the board voted to grant the Hibernian Society, two hundred and fifty dollars to support a party on March 19, 1992 and purchase a banner. The Board also granted the InternationalLaw Society three hundred dollars to help them finance the upcoming ILS Conference. The Board also donated a party to help raise funds for the Kenyatta Memorial currently being set up by the school. That party will be in March ata time to be determined. moving 0n... Executive Officer Petitions Believe it or not it is time to start thinking aboutreplacing the current Executive Committee consisting ofthe President, Vice-President, Treasurer and Secretary. Petitions are available outside the SBA office, room 101 O'Brian Hall and are due back by March 6,1992. Failure to return the petition means you willnot be on the ballot. I truly recommend that people run as a ticket, not because political parties are that much more effective but because the executive committee needs to workclosely together all year. I personally lucked out, although I did not run withany ofthe other executive committee members we work well together and as a result the Board is more effective. I said in September that the Board needed to be professional and that ithad the potential to truly affect life on campus for the better. I still believe that and 1 encourage the various student leaders at the law school to considerthe SBA Executive Committee. moving 0n... University Council Petitions Petitions are available at the main office ofevery student government including the SBA. While the election dates are the same as the SBA Executive Officer elections the time frame is different so make sure you read the directions carefully. This position is very important and I encourage any law student who would like to pursue this route to drop by the office. moving 0n... The Rest As usual I am open to your ideas, suggestions and even criticisms. The office number is 636-2748 and I am on campus each and every day of the week. Our meetings are Wednesdays at 7:45 in room 706 (please note that this weeks meeting on the 19th is canceled) and are ofcourse open to anyone. Make your views known. Until next time. February 18, 1992" SBA: Up Close & Personal by Natalie Lesh, Business Manager The funds are dwindling!!! At the last two SBA meetings, the class directors voted to give away a large chunk of the monies remaining in the Unallocated Reserve and Social funds. The Board, while conscious of the possible consequences ofdepletingtheirfunds so early in the semester, felt that givingthe money away was necessary under the circumstances. Many new groups have formed this year which have been operating on budgets taken from the unallocated reserve, and more recently, the social fund. Undoubtedly, the groups are all deserving. This first-come, first-serve attitude, however, will effectively serve to deny assistance to groups who made need money later in the semester. This budget crisis will also have implications for the upcomingbudget hearings. The class directors and the Executive Boardrealize that the SBA should not be operating with such a small amount in the Unallocated Reserve. This necessarily will mean that individual club budgets will have to be "trimmed," so that the SBA can retain a larger general operating fund. Of course, this is not as bad as it sounds, as clubs can easily request additional funds from the SBA duringthe year. The SBA is faced with another double-edged sword situation with respect to the budget. As some ofyou may know, Alumni Arena has been conducting a survey to determine what groups use the recreation and intramural services, when they use it,and how they use it. Basically, they want to charge each student group a rate whichreflects their usage ofthefacility. Currently, the SBA pays approximately $4 perlaw student, enabling all of us to use both Alumni Arena or Clark Gym whenever we want. According to the survey figures, the SBA will have to pay about $15 per person for the same privileges next year. The increase of almost four-hundred percent is a major expenditure, and will have further negative implications for the upcoming budget hearings. The alternative to paying this amount, however, is that each law student will have to pay $90 in order to use Alumni Arena or Clark Gym next year. The Board is, ofcourse, divided on how this problem should be resolved. It's a no-win situation: if they agree to pay this amount, clubs' budgets will ultimately be "trimmed even further, but if they do not pay for us as a group, each of us will have to pay a much higher fee individually. This is where we all conje in. The class directorshave been elected in order to represent their respective constituencies, but are able to do this effectively only when they are aware of what that constituency wants. All of the class directors are eager to hear how everyone feels about this issue. Their votes will undoubtedly come back to haunt them, and theytherefore deserveas much input as we can give them. So find your class representatives and tell them what you think!!! I hate to be the one to have to say it, but if you don't voice your concerns now, you will have no one but yourselfto blame later 0n.... Again, I repeat my invitation to everyone to join me at the next SBA meeting- Wednesday, February 26, Room 706. I hope to see you there! Open Letter from the SBA Board of Directors February 16, 1992 To the Faculty and Administration ofthe University ofBuffalo School of Law: We, the Board ofDirectors ofthe Student Bar Association, are writing to express our concern over the continued existence of the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. The student body hasrepeatedly expressed its disapproval ofyour attempt to enforce political orthodoxy by trivalizing and "tempering" the right to free speech. As representatives ofthose students,we must call on you onceagain to eitherrepeal the Faculty Statement, or at least make it explicitly clear that no student will be sanctioned on the basis of views that a professor or fellow student finds to be politically incorrect. We would prefer the former course ofaction, so that the situation can be ameliorated without an endless round of committee meetings and bureaucratic inertia. In closing, weremind you that this is our school, too. We wantto see the school reflect the intellectual freedom and diversity ofall its members, not just the political tastes of the faculty. Your cavalier dismissal of the First Amendment is an emharassment to us all. Yours Sincerely, The Board of Directors of the Student Bar Association SBA Notices... **Student Groups Budget deadline This Friday **Petitions available for executive SBA office: outside of RmlOl O'BrianHall **The SBA would like 3rd Year Students to know it's not too late to submit your nominations for the Student Speaker, Faculty Award and Staff Award! PJease write ' your nominations on a blank piece ofpaper and drop it off in the SBA box in the Mailroom before February 21th. ** University Council Elections will be held on March 25 27 from 9:00 a.m. 4:00 p.m. - - �Recent Resolutions Passed by the SBA STATE UNIVERSITY OF NEWYORK AT BUFFALO SCHOOL OF LAW Spring 1993ACADEMIC CALENDAR. Proposed Changes 1=CLASS 0=NO CLASS IQ1AJL CLASS DAY} M I W I E TO: Student Body, faculty and administration FROM: Student Bar Association RE:Law School Schedule 1992-1993 DATE:February 12, 1992 0 0 0 0 1 1 1111 0 1111 WHEREFORE; Current ABA Guidelines require one hundred forty class days each year. 1 1111 1/25 1 till 2/1 2/5 5 1 1111 2/8-2/12 5 0 1111 2/15 4 1 1111 2/22 2/26 5 1 1111 3/1-3/5 5 1 1111 3/8-3/12 5 1 1111 3/15-3/19 5 1 1111 3/22 3/26 5 1 1111 3/29 4/2 5 0 0 4/5-4/9 1 1111 WHEREFORE; True reading days prior to exams have not been scheduled duringthepast two years. WHEREFORE; The initial schedule for 1992-1993 does not have reading days scheduled in either semester. WHEREFORE, The initial schedule calls for classes to start Wednesday August 19, 1992 and end on Friday December 4,1992. Orientation is scheduled on Monday August 17, 1992. WHEREFORE; The initial schedule callsforthe break for Yom Kippur to begin at 6:00 p.m. on Tuesday October 6, 1992 and end on Wednesday October 7,1992 at 6:00 p.m. WHEREFORE; 0 0 First day ofclass 1 1/11-1/15 5 1/18-1/22 M. Luther King Day - • - Washington B-day2/l5 2/19 - 0 1/18 1/29 - The initial schedule calls for classes 1 1111 on Thursday January 7,1992 and end on Friday April 23, 1992. 15 15 12 14 14 WHEREFORE; The initial schedule calls for only 13 Mondays in the fall schedule and 12 Mon—days in the Spring. THEREFORE; BE IT RESOLVED: EXAMS: Monday April 26 Friday May 7 That the SBA proposes these changes in the schedule for next year. Commencement: May 16, 1992 1.)Orientation be moved to Friday August 14, 1992. 2.)Classes begin on Monday August 17,1992 and end on Wednesday December WHEREFORE; REASON ONE: 2, 1992.(This gives the schedule 14 MonIt isadvanced by Associate Deans proposed clarification passed The days and seventy one class days.) the Academic Policy and Program Boyer and Albert that an unrestricted drop through 3.) That Thursday, December 3, and Committee only once, shortly be- policy encourages students to bank courses. Friday December 4 be classified as reading Review fore final exams with little or no student They offerno numbers to support this theory days. but rather a hypothetical. What the hypo 4.)That Yom Kippur begin at 3:30 input. WHEREFORE; fails to mention isthata student who drops p.m. onTuesday October 6,1992 and that information and belief this after the close ofthe official drop period Upon Wednesday October 7, 1992 classes be proposed change stems from one incident, gets an R on theirtranscript. That "R"is canceled in their entirety. facts of which were never not a minor matter as employers want to s.)That classes resume on Friday, the complete to the APPRC. communicated know why you dropped a course and post January 8, 1992 and end Friday April 23, WHEREFORE; law school graduate courses also will take 1992. (This gives us 69 class days.) noted in the memoThe note ofthat "R". The proposed changes problems Adopted February 13,1992 by accla,, generalizationsandremain un- will not eliminate getting this "R but randum are mation by the SBAsubmitted February 14, documented to either the faculty or the rather just makea student get permission in 1992 by Brian P. Madrazo SBA President student order thata damaging mark be placed upon body. see attached schedule and memoranTHEREFORE; BE IT RESOLVED: a students transcript. dum. That the SBA recommends that REASON TWO: the proposed changes be sent back to ComThisreason doeshave some merit. mittee and that subsequent action on this Especially inseminar coursesstudents dropmatter have both faculty and student input ping willy nilly could create havoc. HowRESOLUTION approval. and ever in the specific example mentioned no TO: Student body, faculty and 13,1992 acclaadopted February by effort was made by the committee to disadministration mation ofthe SBA. cover why those two students dropped. FROM: Student Bar Association byBrian 14,1992 submittedFebruary That cuts both ways, one could argument RE: Resolution on proposed changes in Madrazo SBA President P. that the students needed permission argue if Drop/Add Policy and supSee attachedmemorandum then the committee would already be in * DATE: February 14, 1992 porting documents. possession of that information. For that reason I would propose that a student be WHEREFORE; SUPPORTING MEMORANDUM required to at least talk with an Associate The Student Bar Association disTO: Dean prior to dropping a seminar course. Faculty agrees withthe memorandum ofDecember FROM: Brian Madrazo P. However, the final decision should be and 2, 1991 from Associate Dean Boyer and SBA Resolution on proposed changes RE: must be up to the student who stands to be Associate Dean Albertregarding the clarihurt the most by staying in a course they Drop/Add policy to fication ofthe Law School Policy on Dropwish to get out of. 14,1992 DATE:February ping Courses. attached memorandum REASON THREE: Please see WHEREFORE; and Albertfor from Associate Deans This reason is absurd. The comBoyer The proposed clarification does reference. kicks out of the system every year puter constitute a significant change in existing those students whohave grades in less then Law School Policy. toresume 1/8 - 4 5 4/5-4/9 0 4/12 4/10 5 4/19 4/23 5 69 - - - twelve credits. It would be a simple matter to alert the proper people that a false financial aid package might have been sent out and let them follow up on that information. REASON FOUR: Advanced not in a memorandum but rather in a meeting this reason basically is founded upon responsibility. Of all thereasons this one bothers the Board the most. The reasoning goes like this. Students need to take responsibility for their actions and pay the penalty when they do not. Quite frankly, this carries little or no weight at the present time. It might carry weight if all the grades were in, ifthe faculty obeyed its own By-laws and met once a month, ifa Research and Writing Committee was formed by the Faculty to review and revise the current program. Responsibility starts at the top. CONCLUSION: For the reasons advanced above, and per the SBA Resolution attached, these proposed changes should be discussed by the APPRC duringthe course of the next semester. Both student and Faculty input should be a part ofthis process. There are three legs to this institution, the faculty, the students and the administration. We need to work together to make this school the best it can be. I would be more than happy to discuss this matter with any member of the faculty, please feel free to give me a call at 636-2748. Thank you in advance for your time and attention to this matter. February 18,1992 The Opinion 13 �...Grading continued from undergone various permutations. Some professors now employ a Q* grade to deested parties" includes potential employers, students will no longer have to demystify note performance a caliberabove Q, thus in their transcripts during the interview proa sense, creating a de facto five-tier system. cess. Furthermore, those students with The earns the recipient a letter from the Q*'s (or strong Q's in classes with profes- professor stating to whomever mayread the sors who refuse to give Q*'s) would now student's file that the student's performance receive B's, which under the new grading warrants recognition. (Some professors system represent 'better than average' perhave even added the to the "H" and formance. Conversely, however, those stu- (yes) the "D" grades to distinguish these dents with low Q's will no longer beable to grades from the "plain" version of those argue the opposite to the unsuspecting emgrades.) Nevertheless, other professors ployer, since they will appear as "C""s or continue to cling to the original version of lower on their transcript. the grading system, refusing to give "Q*" The current H-Q-D-F system has been grades despite strong performances. Brian Madrazo, the current SB A presiin place since 197Q- In 1974, an attempt was made to modify itby adding a Q+ as a dent, applauds Dean Boyer's efforts to imfifth grade. However, students quickly prove the grading system, since it is all a protested that ifthe law school was going to step toward making UBLaw a better school. revert to a five-tier system, then it should "Ifyou're going to have an H-Q system," he simplyreverttothe A-B-C-D-Fsystem. An says, "then let it be just an H-Q system." SB A committee studying the issue, as well Permitting, however, that some professors as interested alumni, recommended the use one system and othersanother, is unfair same. The faculty eventually voted to not to students "because despite how hard they implement the Q+ at all and simply stayed work in a class, they will not be able to with the four-tier system. distinguish their Q from that of a student Since then, the four tier system has who did not put in an equal effort." "*" "*" ...Threatened Suit continued "Bar Revu" a Smash! page 1 from page 7 this Law School on notice ofmy "Learning Disabilities'' handicapping condition. The New York Board of Law Examiners notified me January 17, 1992 that this documentation was "too old" and did not adequately address the need for the specific accommodations I have requested on the Bar Exam. The fact the accommodations I havereceived at the Law School are identical to the ones I am requesting for the Bar Exam doesn't seem to matter. So now, on top oftrying to prepare for the Bar Exam, I found my time consumed having to scramble around for new documentation. Because I am a client of VESID (New York State Department of Education: Vocational Educational Services for Individuals with Disabilities) I was able to use the services ofa Clinical Licensed Psychologist located byand paid for by VESID. But what about those of you who were identified in first or second grade and have been simply coming up through your education, year after year, without subsequent testing? These evaluations cost over a thousand dollars easily. On February 1, VESID sent me to the new psychologist who spent 5 hours testing and evaluating me and produced a 6 page report. I have now been diagnosed with "attentional deficit hyperactivity disorder' 'in addition to my specifie learning disabilities". While I am in the 98th. percentile in Knowledge (Woodcock Johnson), and in the 98th. percentile in verbal comprehension (WAIS-R) and in the 87th. percentile in perceptual organization, I am in only the 09th percentile in freedom from distractibility (In other words, a monkey probably has a longer attention span and ability to concentrate than I have.) lam also below average in mathematics and only average in written language ability, and it is this significant decrease in performance as compared to intellectual ability that indicates "learning disabilities'' are present. It is now 7 days before the Bar Exam and I am still waiting the decision from the Board of Law Examiners as to whether this newest documentation is sufficient to meet their criteria for accommodations. Anyone who has learning disabilities who wishes to see my report, to compare with your own documentation, to establish the basisfor specific accommodations requested, is free to have a copy. Or, have the "Special Needs" Graduate Assistants contact me on your behalf, to protect your confidentiality. Box 394 or 832-3581/machine. Without a doubt, Bar Revu off to a smashing success for the Spring 1992 semester. Indeed, many of our colleagues have joined the weekly revelry adding exponentially to the sounds of laughter. People ask, " What is Bar Revu?" and "Who goes?" Well, the answers are simple and straight-forward, unlike many other things here at our law school. Bar Revu is a weekly gathering which affords people a chance to kick back, relax, and catch-up on conversations that general hall talk does not allow. Its up for grabs as to who attends each week with the exception of the core crew who attend every week. However, I can't repeat this enough, so maybe I'll put it in bold, ANYONE & EVERYONE IS WELCOME TO COME, TO MEET NEW FRIENDS AND RENEW OLD ACQUAINTANCES. So come on down and find out what it's all about!!!!! But, back to my report, on Thursday, February 6th, Bar Revu chose the Shabeen downtown. The place was packed. What was the head count. .? Who knows, I lost track after the number hit midfifty. But I guess it all depends on who you talk to. For some of the attendees, there was only one person within their view, however, for others, their eyes were definitely taking in the panoramic perspective. A good time was had by all. The following week, Thursday February 13, Bar Revu set up shop with slightly less people. This was due to the flight of law students away from Buffalo to their significant others in observance of the Valentine's Day weekend in combination with the many other parties that were taking place that evening. Nevertheless, the faithful crew arrived, imbibed, and truly enjoyed. Darts were flying as was conversation. It was good to be alive that night. Looking to the future, the next Thursday gathering of the Bar Revu will be at the Founding Fathers located at 75 Edward Street, just off of Delaware downtown. Just in case you need additional help, their number is 855-8944. . SEE YOU THERE. Position pa/peurs the from Democratic Candidates be on will available in reserve the law library, under SBA/SASXJ collected. materials. Thanks to Boehringer for Shawn gathering these materials during his trip to New Hampshire. . . ...Storm continued from page S tation. .He wants to be controversial. .He's an expert. I'm not saying the man is stupid, I'm saying he' s a racist and a bigot.'' Both Small and Herman, said that Jefferies groups Gays, Jews and Whites 1 together. Small stated that Jefferies referby Robert Garnsey ence to the role of''rich Jews'' in the slave If the mid-February blues are getting you down, if you're tired ofslogging tlirough trade is a' 'cover-up. She commented that the dirty brown snow of dingy, working-class Buffalo, 1 suggest checking out Alan "most people think of Jews as being rich Parker's The Commitments at the Amherst Theatre this week. At least there you can get anyway.. the lawyers and'the Jewish docgreat music while watchtwo hours oflaughs and tors. So, he's not cutting anybody out that kick-ass R&B band from Jewish remark.. by saying 'the rich Jews.' ing the rise and fall of a the slums ofdingy, working-class Dublin. I bet. he thinks all Jews are rich. Most More than anything. The Commitments people do, but their not." is a fun movie, as much for its sense ofhumor as it Small said that Jefferies' comments is for its pulsating music. Not atypical rags-to-riches on the Jewish involvement in the negative the meteoric (andfictional) portrayal of African-Americans in Hollystory, the film chronicles career of Ireland's hottest white soul group. The wood "was ridiculous." Herman added movie is filled with memorable characters: that there was no conspiracy in Hollywood. Jimmy, the group's manager, who sees the band as He said, "ifanyone is givingabad image of his ticket out of Dublin and offthe unemployment blacks it's some of Spike Lee's films which rolls; Joey Fagan, the middle-aged trumpet show. violence. and then white people player who acts as the group's spiritual guru; and watch that,andthen no wonder some people Deco, the obnoxious but brilliant lead singer who are afraid." frontman since Meat Loaf. may be the ugliest Small and Herman did saythatBlacks (Watch Deco closely; he may remind you of someand Jews shared a common history ofprosall, of course, isthe music; ecution and they should work together to one you know.) Best of ye this is one ofthe few films I' seen that made me wantto run out and buy the soundtrack. fight against people such as David Duke. acting in the film, as performed by a cast of unknowns, is superb and highly Small stated that "Jefferies can influence : throughout. The dialogue is fast and witty and sprinkled with plenty of young African-Americans. Give them a ;, although the Irish accents are so authentic that you may have trouble chance and let them make theirownchoices. understanding what the hell these guys are saying at times. But, all in all, The .let them do research. He shouldn't sit Commitments is arollicking good time, and a great flick to see drunk, or at least with a there and preach it. A lot of the things good buzz on. Highly recommended. Jefferies says is not true." From the Cheap Seats .. . . E TfteOpiqion 14 1&PW&&&92 . Jim Maisano, a 3rd year law student and Co-Founder of UB Law School's Students For Constitutional Concern (SCO, published aflyer entitled' 'The Facts About Leonard Jefferies," through his organization's Anti-Discrimination Committee. Maisano, who also never heard Jefferies speak, said that "people should know about Jefferies' anti-white, anti-Jewish positions." He said that a question should be raised as to why the BSU invited someone who is so "ridiculous." Hβ also commented that he found it interesting that "Blacks are so sensitive to certain statements, but don't understand Jefferies'. antisemitic statements.'' Although he never heard Dr. Jefferies speak, Chris West, an African-American first year law student, said he was looking forward to hearing Jefferies, given what he has heard in the media, but was unsure as to whether Jefferies is anti-semitic. He said, "for some reason when we state our history. and it seems that certain groups of people have done something negative towards Africans, and when we state the way we feel about it,. .it comes off as being anti-semitic." He thinks Jefferies comes across so powerful because he hates the truth about his history. He felt it is positive that Jefferiesiscoming to UB because' 'we get a chance to hear whathe has to say.. .1 want to find out." . . �The Docket UB International Law Society Presents: Internalization of the Law February 28 & 29 O'Brian Hall Registration Table Open Mon.-Thurs., 9-11 and 1-3 $ 15 UB students without Sat. dinner $25 UB studetns withSat. dinner Topics Include: Intellectual Property Environmental Law The Far East Central Europe Criminal Law Latin America* Immigration Education and Careers in International law Dr. Leonard Jefferies will be appearing in a televised interview on March 6 and 20, 1992 on TCI Cable, Channel 42 and Channel 58 UHF at both 1:30 PM and 8:30 PM Phi Alpha Delta Rush Meeting for all those interested. Wednesday, February 19, at 3:30 p.m. in the First Floor lounge. Black Law Student Association Black History Month Events Wednesday, February 19 11:30 AM Culture Fest - 2nd Floor Hall -Enjoy African-American cuisine $3.00 per plate. Wednesday, February 19 6:30 PM Movie Night (location TBA) - ******************************************************* Cultural Weekend* d CUSTOMIZED & LETTERED SWEATSHIRTS ARE AVAILABLE FROM IL JACQUE JONES BOX 684 Those of you who frequent the 4th sor computer lab have had the opportunity to see tl talented work of Ms. Jones' mother who keeps h entrepreneur daughter well stocked with colorfw. sneaumrts with "Buffalo Law" sewn in large block letters across the fronts in various styles and patterns. The sweatshirts are available in light, medium and heavy weights and are in all sizes. Prices run, depending on the weight, size, quality of sweatshirt itself and features in style of sweatshirt, from $25 to $40. You may select any weight, any color, and any phrase or slogan or buy ready made "Buffalo Law" ■already made up which Ms. Jones has as samples. These sweatshirts are unique and draw laudable attention. Show some school spirit and order one today by I dropping a note in Box 684 with name and number or look for Ms. Jones with her distinctive sweatshirts as she moves through our halls between her classes. . Friday.February 21 7:00 PM Jazz Cabaret - Center For Tomorrow-Live Jazz, Show and Dinner Saturday, February 22 7:00 PM Party at "RAGS" Sunday, February 23, 7:00 PM Fashion Show - {Catherine Cornell Theater ******************************************************* Wednesday, February 26 6:30 PM - Movie Night (location TBA) Thursday, February 27 5:00 PM Guest Speaker "Brian Stevenson" ofthe Alabama Death Penalty Project- (location TBA) �A ticket for all weekend events is available for $10.00 at the UB Ticket Office. Each event will be $5.00 if purchased separately. Defending Battered Women in a Criminal Case One-day program February 22, 1992 O'Brian Hall Register in Room 522 Free registration for UB students! MUG AL TAX COMPETITION OpentoALL2L's&3L's Tax I Required If you are interested, or need more info, please contact: Mike Keane, Box #439 or Ken Sodaro, Box #556 phone #822-7914 Briefs due by: February 22, 1992 Dates of Competition: March 5,6, 7 Hurry! Join today Limited Time Offer! - February 1«,1952 TheOpitfibn 15 �4 BAR REVIEW BULLETIN SPRING SEMESTER DISCOUNTS IVT 1992 AND 1993 GRADUATES Registration fee of $75 = Discounted tuition of $1195 01994 GRADUATES Registration fee of $75 = Discounted tuition of $1095 j ���DISCOUNT DEADLINE TO BE NOTE: Full tuition for the New York course is $1325 MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM (MPRE) \V\ EXAM DATE: Friday, March 13th IVT APPLICATION POSTMARK DEADLINE: lin BAR/BRI MPRE LECTURE Friday, February 14th NEW YORK CITY (LIVE PRESENTATION) DATE: Sunday, March Ist PLACE: Ramada Hotel at Madison Square Garden TIME: 11AM to 3PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - NEW YORK PRACTICE & PROCEDURE MINI-REVIEW Ua NEW YORK CITY (LIVE PRESENTATION) DATE: Saturday, March 7th PLACE: Ramada Hotel at Madison Square Garden TIME: 10AM to 4PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - For more information, stop by the BAR/BRI table at your law school or call the BAR/BRI office at (800)472-8899. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-02-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/18/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c0c1f97caae6e738cebc54284282d2b7.pdf afd97a705ca21f118b8cb5aa80f6be71 PDF Text Text Volume 32, No. 13 THEOPINION STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW February 3,1992 UB Law Does it Around the World by Michael Radjax'itdt, Photography Editor Internationallaw wasthetopic ofchoice , at O Brian Hall this past weekend. The International Law Society (ILS)at the University ofBuffalo hosted anInternationalization oftheLaw Conference onThursday and Friday,February2Band29,l992. OverlOOpeople registered for the Conference, withstudents from Pace University, Case Western, Ithaca College, New York University, Allegheny College and Medaille College attending. A number ofprivate attorneys were also in the audience, as well as representatives from several area law firms and businesses. The seed ofthe idea for this Conference was planted by 3L Kimberley Danzi over a year ago, during her term as ILS President. Since then the ILS has been continuously organizing the Conference and handling the myriad of details and logistics that hosting suchaneventrequires. Thiswork finallycame to itsclimactic conclusion overthepastweekend. The long hours put in by Joi Cary (ILS President), John Oleniacz (ILS Vice-President) and all ofthe Conference Committee members paid off. The Internationalization of the Law Conference, organizedalmost exclusively by students at this law school, featured the Honourable Mr. Edward Broadbent asthekeywereinformativeandpromptedagreatdealof lips ofmany legal academics andprofessionnote speaker and 11 panels on various aspects intelligent discourse between and among the als throughout North America. Italso served tolay thefoundation for futureactivities, such ofinternational law. panelistsand attendees. Thestudentmoderaas strengthening ourinternational programs Mr. Broadbent, Presidentofthe Internators performedtheirroles exceptionallywell. and working on joint international projects tional Centrefor Human Rights and DemoTheykeptthe questionsanddiscussions flowcratic Development in Montreal, gave a stir- ing freely andeasily evenadmistchallenging withCase-Western Reserve Law School. Additionally, all of the panels were ring address on Human Rights and the North questions and debate. Many ofthe panelists video-taped andthelLSwillberunningavideo with the American Free Trade Agreement. He called were themselves impressed panels series the panel videosafter spring featuring and wereableto theexchanges they engage in forthe universal recognitionof economic and break; watch the ILS bulletin board for details. social rights in addition to civiland political withthe audience. A very busy week forall involved in the The video-tapes will be available for any rights, noting that the United States was the Conference came to a close witha dinnerand student groups wishingto usethem. championofallhumanrightsonly fourdecades In closing, it must be noted thatall left at theCenterfor Tomorrow on a of held reception ago,butalso that such level dedicationhas not been maintained. Mr. Broadbent also Saturdayevening. Discussion ofpanel topics overfood was donated to VIVE,an organizastressed thatdistribution ofinternational aid continued overdinner,and personal exchanges tionfor humanitarian aid torefugees. Also,ILS and therecognitionand observance ofhuman ofthoughtsand ideas continuedthroughoutthe T-shirts are still available in all sizes and rights should and must go hand in hand. His receptionand will probably continue beyond. styles and will be on sale again after spring address prompted a numberofdifficult quesThe Conference put the University at break. tionsandchallenging commentary from those Buffalo School ofLaw on the map and onthe in attendance, setting the general tone for all the panels to follow. TheConferenceincludedpanelson: The byAndrea Sammarco, Managing Editor Free Trade Agreement, North American , Twentyyears ago,thegoalofany family cially in instances of spousalabuse. Women sRights, Intellectual Property, Enviservices organization mighthavebeen tokeep Schoellkopfhasbeen particularlyactive ronmental Law, the Far East, CentralEurope try united, whatever the toconvince NiagaraCounty police to dysfunctional family ing in and the Former Soviet Union, CriminalLaw, a cost. That perspective has become more huadopta "pro-arrest" policy,whichmandates Latin American Investment Opportunities, a certain course of action for officers who maneovertime, to CoUetteMcCannaccording Immigration, Careers in International Law and to aRoundtable Discussion onexpanding inter- Schoellkopf. Theoverridingconcernin today's respond domestic violence situations. If it that the home becomes apparenttotheofficerthatone family domestic violence situations is national law schoolcurricula. All ofthepanels betransformed into &safe environment. member isbeing abusedbytheother, the police Ms. SchoellkopfistheCoordinatorfor will be required to arrest the abusive indithe Niagara County Family ViolenceProject, vidual, whetheror notanother family member a wants to press charges. In this way, the byDarryl McPherson, Features Editor harassment were recognized as a cause of cooperative effortinitiated by five commulocated is placed on the State, rather nityservice organizations throughout responsibility Withinßaldy 108onThursday February action underTitle VII and itdealt withwomen than theabused Niagara County. Schoellkopfspokeaboutthe person, toconfront theabuser. 27, studentsfrom the Schooloflnformationand who faced some kind ofpenalty, the courts stueffortsofthe withconcerned law While the abuser is detained by the police Project Library Studies gatheredto heara colloquium wouldbeflooded withcasesfrom uglywomen lunchon bag February generally dentsduringabrown 26. foroneortwodays,trainedcounsellors given by theirinvited guest, Professor Isabel who supposedly suffered in theworkplace due Hervisit wassponsoredby theDomestic Violocate the abused family member and offer Marcus from thelaw school. The scheduled to their unattractiveness. lence Task Force. Her as coordinator help. This approach "takes the onus off the job topic and title ofthe presentation was "The The second type oflawsuit wasbasedon facilitating exchange involves the ofinformaResponsibility of Intellectual Freedom and viewing the workplace as a hostile environThe overriding concern in Freedom ofSpeech." Asaprologue, Professor ment. Litigation ofthis sort found its origins tionand avoiding overlap between thevarious today's domestic violence abuse services involved in the Project, which Marcus mentioned her presence in Beijing, inlabor law through the NationalLaborRelainclude the MarthaH. BeemanChild Guidance situations is that the home be tions Act, when black union members were Opportunity Clinic, Center, theEverywoman targets ofracismby fellow employees. They transformed into a safe filed grievances withthe union since they felt Passage Children's Program, Passage Elder environment. the employer was not meeting its duty to Abuse/Caregivers Services, The Health Assoprovideasafeworkingenvironment. Withthe ciationofNiagaraCounty.andLockportYWCA. victim and also protects the victim," said unionunder a contractual duty to protect its Shealso makes this information available to Schoellkopf. Pro-arrest pobcy bills are workers, theyprovided an invaluablepathway the governmental departments involved in currentlybeforetheNew York StateAssembly. While the enforcement situation in working withabuse victimsandperpetrators, to the courts. Decisions in those cases estaband these offices to the encourages provide Niagara County is far fromperfect, Schoellkopf lished that discriminatory conditions in the is by recent developments, suchas encouraged resources offeredby the Project. workplace could be litigated. TitleVII created sheriffs, with local the creation of the Niagara County Family working In judges, a duty for the employer to provide a safe and departments officers, Coalition, Violence which includes police probation environmentforwomen. insists that' must be fromenforcementand advocate Schoellkop 'you gentle representatives f Through a theory ofreductionism and them,'' or alienate about and the election ofa new educating you may agencies, proactive invalidation, Professor Marcus further explained the harm brought with sexual harass- those who are in the best position to help in NiagaraCounty District Attorney. She slated ment. Upon penetrating the male dominated domestic violence situations. Problems of that, in a county which saw 112reported cases workforce, women were subjected to sexist poor understanding arise on the part oflocal ofchild sexual abuse in one month, localities police departments around Niagara County, are finally realizing the enormity and UB Professor ofLawIsabel Marcus comments andbehavior. A woman's compeseriousness ofthe problem. Also, they are File Photo tence was not relevant- her mere presence andespecially in Lockport, wherefiscal conunderstaffing beginning straints and have stressed the to understand thepotential liabiliTiananmen Chinaduring theuprising in Square, bothered the men. Once her work qualitywas law enforcement Those capacitiesofthe may office. ties which arisefrom inadequate enforcethe thatthe there not to students the issue, the ability advance and earn making point fought with Family Project abusers, exemplified involved the Violence mentofthe lawsagainst was the removed, and that was and diedfor intellectual freedom. Thediscus- higher pay police by have a time the that the fact that is now in the tough convincing Cheektowaga of two withsexual entered parts, dealing sionconsisted reason women the malejob stream in can''just espeleave", theabused individual throws ofits second such lawsuit. hate speech codes. harassment and the first place. The segment on sexual harassment beThe First Amendment became an issue of theCivil whenthe gan withabriefhistoryofTitleVII workplace triedto address the probdiscrimination in lemand regulated speech. Prof. Marcusdrew Rights Act, which governs the workplace. Professor Marcus found two in Katherine MacKinnon's effort to define 3 Rights Lawyer Fights Hate Groups typesofcases being brought by women under pornography as a civil wrong, mak ing it a civil thelaw. The first shetermed' 'quid pro quo rights concern. Theobscenity standardestabHate Mail Surfaces at UB Law 6 because instances of it called for sexualfavors lished by the Supreme Court was male cenPolitical Commentary 7 in order to either be hired, retained, or protered, and did not address the notion thai porILSC Organizers Thank Students moted Courts generallyresistedrecognizing nography subordinatedwomen. Manybelieved as sexual harassment as a legitimate cause of that pornography reinforced women'simage 10 "DarkMarbles" Roll On action. Opponents promoted an "ugly duck..Marcus continued on page 8 ling" theory, which proposed that if sexual Dealing With DomesticViolence , Marcus Discusses Intellectual Freedom . Highlights •...!...7 �I I DO YOURSELF IUSTICE Study with Pieper...and pass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 PIEPER REPS.: Trini Ross, Sabby Charles Santarpia & Kirn Smith Ed*anSMte<c teao �Morris Dees StandsTall For Civil Rights by Saultan H. Baptiste, NewsEditor and W. F. Trezevant, Staff Writer ' 'We cannot be satisfied as citizens until as the prophet Amos said 'Justice flows like the waters, andrighteousness like amighty stream. "'Withthesewords,MorrisDees concluded hisremarks to astanding ovationfrom the packed Slee Hallauditorium onFebruary 20, 1992. Dees, who was invited by ÜB's Minority Faculty and Staffand theOfficeofthe President, gave theKeynote address as partof the 16thAnnual MartinLuther King Jr.Commemoration Ceremony here at ÜB. Born in 1936,Dees was the son ofa and cotton gin operator in Shorter, farmer Alabama. Heattended the University ofAlabama as an undergraduate, and the University ofAlabama School ofLaw receiving hisJ.D. in 1960. During the civil rights movement, Dees became active byaiding peopleofcolor in court. In 1967, he filed suit to stop the construction ofa White university in an Alabama city that already had a predominantly Black state college. In 1968, he filed suit to integrate an all-White Montgomery YMCA. Along with Joseph J. Levin, Jr.and JulianBond, Dees founded the Southern PovertyLaw Center in 1971.The Center, whichis supported by contributionsfrom over200,000 citizens across the nation, hasengaged in civil rights lawsuits ranging from the defense of Joan Little, in North Carolina, to the integration ofAlabama State Troopers. In 1980,the Center founded Klanwatch in response to a resurgence in organized racist activity. The project monitors hate groups and develops legal strategies for protecting citizens from violence-prone groups. A made-for-television movieabout Dees aired on NBC lastyear. ' 'Line ofFire describedhis successful fightagainst theUnited Klans ofAmerica onbehalf ofthe mother of Michael Donald, a young African-American man who waslynched by theKlan in Mobile, Alabama. The juryawardedMichaelDonald's mothersevenmillion dollars,thus bankrupting that Klan chapter. Dees also developed the idea forthe CivilRights Memorial which bears thenames of forty men, women, and children wholost their lives during the civil rights struggle. Designed by Maya Lin, the designer of the Vietnam Memorial, the memorial stands in frontofthe Southern Poverty Law Centerheadquarters. Dees has alsorecently published a book entitled' 'A Season for Justice.'' After an introduction by Mr. Dan Acker ofMaloney College, Dees began by highlighting the extensive lawyer-bashing which takes place in our society. Dees took particular issue with a statement made by Vice-President Dan Quayle at the Annual American Bar Association Convention. Mr. Quayle had stated that there were too many lawyersin oursociety, and that this quantityof lawyers inhibitedprogress andgrowthforthe United States. Dees suggested thai,' 'Maybe wehaveone too manyVice-Presidents." Later inthe lecture, Deestold the story ofaChinese womanwho wassent tothe United States to get an education by her father. Dees related that this woman's father had explainedto her that theUnited States was a great country because it takes care ofits weakest and neediest citizens. Deescontinued saying thatthis woman later told her father that it was American lawyers who took care ofthese citizens. This woman,whois currentlyalawyer,received the ABA'saward for ProBono work at the same convention. Emphasizing the importanceoflawyers inthe continuing struggle forjustice in our society, Dees citedthe Civil Rights struggleas an example. He stated, ". the civil rights movement wasamovement by ordinary citizens who weretired ofthe unfulfilledpromises ofourConstitution andBill ofRights. These were people who decided withtheir feet... It was [the] lawyers that took the cases to court, and with the judges, hammered out the new laws andrules whichchangedthe systems and shaped the way we live.'' Dees also pointed out that,'' Lawyers are the ones who got the informationtothe public,notthegovernment He finally stressed that the*work of lawyers tlikeRalphNader, andJftumerous product liability attorneys, have done more for our society than many federal agencies. Dees also commented onthe rise in . . race related violence in America. "In 1991, there were 25 hate crimemurders compared to no more than 18 per year at the height ofthe civil rights movement," he said. Dees feels thisincrease is the result ofmiddle class fears giventhe recessionary condition ofthe U.S. economy. He asserted that, "[t]he middle class feels alienated and angry. The Civil Rights Movement was amovement forequal opportunity. Now the White middleclass feels theBlacks want a guaranteedpiece ofthe pie. They feel theyshouldn'thaveto pay theprice." Dees also statedthatpoliticians such as David Duke, George Wallaceand George Bushplay upon these fears which leads to violent acts that are committed not by hate groups,but' 'by ournext-doorneighbors.'' He also addressed the dilemma shared by many African-Americans. He mentioned that although they are told of equal opportunity in America, many African-Americans encountera' 'glass ceiling whichlimits theiradvancement within the corporate arena. Healso statedthat New York City, Chicago, and Buffalo have the worst record of loan approvals for minorities when compared to Whites ofsimilar economic status. Dees said, " It' s like apromise without a delivery." Dees feel that an answer to these problemscanbefound by fosteringunderstanding and forgiveness. To reach this goal, the Southern Poverty LawCenter haslaunched a Teaching Tolerance program which distributes 150,000publications to young people on thedangersofracism. Healsocommented on alessonofloveshownbythemotherof 19-yearoldMichael Donald, who waslynched by the Klan. When Dees's star witness ofthe 1988 case, JamesKnowles, asked Donald'smother to forgive him for what he had done, she responded, "Son, I've already forgiven you.'' Deesadded,' 'we mustlearn to see eachother as individuals.. .we must learn to love each other." A fter Dees spoke, he was presented with a Special Recognition Award, '*as a symbol of friendship"-from Archie Apaos, member ofbofhtheBuffalo Common Council and the University District Council. BLSA Initiates Adopt-A-School Program by SaultanH. Baptiste, NewsEditor In an effort to reach disadvantaged Buffalo youtii,Uß'sßlackLaw StudentsAssociation(BLSA) has been operatingaprogramthat allows themto provide service to the community. BLSA'sAdopt-A-School Program was initiated in(Since October, 1991) to fulfill a needBLSA saw in theBuffalo community for positive minority role models and to comply withthe mandateestablished by the National Black Law Student Association. The constitution of the National BLSA states that each BLSA chapter should have such aprogram to reach the needs ofyouth in the community. BLSA had two goals whenconsidering how to executethe program. The first goalwas to provide young minority students withpositiverole models as an alternative to the negative portrayals that exist on television and in theircommunity. The second goal was much more difficult; to target aspecific need sothey could have a positive and direct impact on young people. The Bethel Headstart Program met this need. TheBethel Headstart Program is a gov- eminent fundedprogram for 3 and 4 yearold childrenwhocome from sociallyand economi- the do's and dont's of safe treat-or-treating. Themembers also gavethem candy, fruit, and cally disadvantaged homes. Over9o%ofthese low-sugar cookies. culturally diversified children come from When the BLS A members returned in single-parent familiesand many ofthemareon February duringBlack HistoryMonth, manyof welfare. The Headstart Program is not a the childrenremembered them by name. The nursery school, but itprovides a''jump start BLSA members presented a lesson on' 'Great ,, on the educational process by exposing chil- People in Black History. ToinetteRandolph drento numbers, thealphabet, etc.,and provid- mentioned that many ofthe studentsknew of Michael Jordan,Whitney Houston and (M.C.) ing them withnutritious meals. BLSA targeted the Headstart Program Hammer,buthad neverheardofJamesBaldwin, because they felt they could make a positive MarionAnderson, or RichardAllen,thefounder impact on these children at an early agebefore of the Bethel African Methodist Episcopal negative influences could be ingrained into Church, where the Headstart Program is lotheirlifeexperiences. BLSA'sAdopt-A-School cated. She said,"when they learned thatthese Program is coordinated by first-year law stu- people werejustas famous as the people they dent, ToinetteRandolph, whose mother, Mary knew, it was exciting to see them open up to E. Randolph, is Project Director for theBethel new things as they saw how the past repeats Headstart Program and veryactive in the Bufitself." falo community. Randolph stated that the students were The firstmeeting with the children was veryattentive and excited to learn aboutthese held inOctober, 1991during Halloween. The characters in Black history, but were very BLSA membersusedthis opportunity to estabdisciplined. The childrenasked probing queslish an initialrelationship with the students by tions and created examples to which they could reading them storiesandpresenting alesson on relate. BLSA plans to continue the program with monthly visits by differentlaw students. Randolph feels visibilityis important to their development. She said "Wewant tocontinue to be there for them because we don't want them to feel wehave given up on them." Randolph finds the opportunityto teach arewarding experience. She said, "It makes youfeel so goodthatthey areexcitedto seeyou and hear what you have to say, that you get excitedto teachthemand offer whatyou can. It gets addictive." She added, "Community service is the best type ofaddiction you can have." The Opinion staff wishes everyone a very memorable Spring Break! Jessup Moot Court Team Competes in Midwest Regional Competition by JoeAntonecchia On the weekend of February 7th, the Jessup Moot Court Team, comprised ofHank Nowak, PeterGrubea, Tom Cannavo andDan Deßosso, made a journey to Akron, Ohio, where they participated in the Northern MidwestRegional oftheJessupInternational Moot Court Competition. The team, competing against 50 studentsfrom 12otherlaw schools, was chosen from among the winners ofthe intramural Jessup Competition held this past October. This year's hypothetical legal battle involved questions simular to the Gulf War, harkening back to international legal concerns which dominated much ofthe political activity and public debate of early last year. The issues centered around the international law implications concerning oil exports, thelegality ofclosing an oilpipeline, and humanrights violations. The hypothetical legal issue presented inthe competition took place beforean International Court of Justice, where each side argued for 45 minutes before a panel ofinternational law experts. Participants had to employ international law from sources including theU.N. Charter, the GenevaConvention and the Haig Convention. TheU.B. teambegan withastrongshowing onFriday, February 7th:PeterGrubea and Dan Deßosso, arguing for theapplicant state of Atlantis, soundly defeatedDetroit College of Theopening dayalso sawTom Cannavo and Hank Nowak, who argued forthe respondentstateofßergenia, defeattheUniversityof Pittsburgh. Saturday, February Bth, was full of heated, close competition, and unfortunately the judgementsnarrowly came down the side ofthe opposition Grubeaand Deßosso lost a very closed match to Case Western Reserve University, and Syracuse University edged past Cannavo and*Nbwak. TheUßteafff found the slim loss against Case Western particularly surprisinggiventhe fact that oneofCase Western's oralists conceded two major points in the match. Thus, the team ended with a -2 record at the regional level; even 3 wins wouldhave put theteam inthesemi-final round with an opportunity to go to the international competition. Although the team was disappointed, theirstrong showing was reflectedat the awards ceremony. Out ofthe awards givenforthetop , ' 'briefs ' (known as' 'memorials" in internationalcompetition), theUB team garnered 3rd Best Memorial. Out ofthe four awards given to the top oralist in theregion, Deßosso was declared3rdBest Oralistand Grubea received - - ... J essup continued on page 10 Mugel Tax Competition Set to Begin by ScottRudnick The 19th AnnualAlbert R. Mugel Moot Court Tax Competition is set to begin on Thursday, March 5. Seventeen teams from fourteen law schools around the country are slated to compete, with the top two teams meeting inthefinalround on Saturday, March 7th, at 2:30 in the Moot Court Room. Many attorneys from theWestern New York and New York City areas will serve as judges,including theRegional Director ofthe IRS, based in New York, and the District Counsel ofthe IRS, basedin Buffalo. Desmc>nd Moot Court Board Associate Members will serve as clerks. The judges will score six rounds ofcompetition overthree days to determine the best teams as well as the three best individual oralists. There will also be awards for the three best briefs, as scored by local attorneys. Theissues in thecompetition stem from ataxpayer'sexchangeofproperty financed by a nonrecourse mortgageback to thefinancing March 3,1992 ...Muge\continued on pa ge 10 The Opinion 3 �Jtt^ [OPINION Volume 32, No. 13 March Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: THE OPINION MAILBOX Law Review Editor ClarifiesAA Policy Dear Editor: I wouldlike torespond to theletter writtenby Marc Hirschfield and Dan Bildner criticizing various aspects of the Buffalo Law Review. Although I welcome the law schoolcommunity' sideas onhow to improve theLaw Rev iew, several issuestheybrought upneed to be clarified. First,and most importantly, Mr. Hirschfield and Mr. Bildner seriously misstated our affirmative action policy. Any competitor whofeels they are a member ofa racial minority,are economically disadvantaged,or are in somewayhandicapped, may writeand submitaPersonal Statement along withtheircasenote. Sgg Buff.L. R. Const, art. V, § 19(b)(5). A Personal Statement Committee then decides which ofthose applicantsfall into this § 19(b)category, andoffers to join the Law Review are extended to those who have the highest overall competition score, with the goal ofhaving our membershipreflect the applicantpool.' Significantly, these offers are in addition to the offers which are based strictly on casenote scoreand grades. See id- And, there is no specific limit on the number ofoffers made. It is inaccurate to say that there are some peoplewho would have madeLaw Review but didnot because they were displacedby thoseadmitted through affirmativeaction. Ourpolicy is carefully balanced specifically soas notto displace anybody who wouldqualify formembership by their overall score. Iam proud ourLaw Review hasthis policy, because I believe itreaches a compromise between liberal andconservative views by encouraging integration without excluding qualifiedcandidates. Second, there are many morereasons for having an' 'open universe competitionotherthan the onecited by Mr. Hirschfield and Mr. Bildner tradition. I believe it is a fallacy that one's thought process is separate fromtheresearch process. Asa student assistant for Researchand Writing, I have told first year students again and again that they shouldaim to understand the basic parameters ofthe legal issue beforethey embark on their research. Once the research is begun, one can choose among a variety of directions,depending on one's ability and inclination. A' 'closed universe" competition necessarily digests the legal issues, and makes choices which preclude, to a degree, independent and creativeapproaches to aproblem. In addition,an' 'open universe tests one' sability toresearch, one' s thoroughness, andone' s effort. Associates spendmany hours citechecking, and as an editor, I depend on theirresearch abilities, their attention to detail,their overallthoroughness, and theirability to workhard. In fact, thereputation 3, 1992 John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Vito A.Roman Michael Radjavitch StafTWriters: Kevin P. Collins, W.F. Trezevant Photographers: Paul Roalsvig Contributors: JoeAntonecchia, Joi Cary, Bill Kennedy, Brian Madrazo, Scott Rudnick, Renee Walner, Gretchen Stork Editorial Education as a term encompasses a wide variety of experiences. Whenthe discussion concerns funding, educationis reduced to formal schooling with books, teachers and brick buildings. However, Mark Twain once quippedthat he never let formal schooling interfere with his education. Students of the law should take this advice to heart. Preparation for a career in thelaw cannot be comprehensively accomplished within the halls ofa singlebuilding. Law school should not be a mechanism that removes an individual from participating in society by filling a daily planner with appointments with like-minded individuals. Education of a person should take the several forms of both observation and participation. Practitioners are consistently advising students to observe trials in progress regardless ifa studentis even remotely interested in litigation. Observing a capable individual performing a complex task can either inspire or deceive the observer. Inspiration springs from the human desire to excel in a particular field. Deception surfaces from seeing how "easy" an experienced person makes a task appear. The classic example is the figure skater who falls in the midst of a beautiful maneuver, abruptly bringing the viewer to the realization that some difficult pursuits can never be completely mastered. Comparingphysical and mental endeavors generally fall s apart in particulars, but in eachthere is one constant the individual. Only the competitor and the student are truly aware of the amount of work expended to master an ability, the price paid to reach a goal and the satisfaction of receiving thebest grade for the effort. For law students to expect a school to provide a complete education is to dismissthe fact that most students will be practicing law outside ofacademia. To this end students should take an active part in their own education and, in the process, perhaps they can provide aid to someone unable or unwilling to take that same bold step. -- ...Letterscontinued on page 9 An Open Letter to Professor Marcus Dear Professor Marcus: lam writing out ofdismay and concern. lam an admirer ofyour work withsuch causes as the Pro-Choice Networkand the JuneFourth MemorialFund. You aretrulya woman ofprinciple and conviction. But a troubling incident recently prompted me to respond. , Quite innocently, a fellow classmate ofmineutteredthe expression " a Pandora s box" during the course ofmaking a point. It was usedas correctly as any cliche and its meaning wasclear. The expression is one I myselfhave often used to denotewhat you termed "ahornet'snest." lamsure thatIwillnow thinktwiceabout using thisexpression in your presence as I did grasp the nature ofy ourobjection to it. While I disagreethat it is a sexist expression, I am sensitive to yourperceptionofitsconnotation and will refrain - fromusing itinyourpresence. I amconcerned, however,withwhathappened when this expression was uttered in yourclass. Youtold theman whosaidit that "thatphrasewillnot be used in(your)class," or words to that effect. This, I feel, was unwarranted. I believe you had everyright to state yourobjections to that turn-of-phrase, and perhapsthose o fuswhoare so inclined would haverefrained from its use inyourpresence. However,as theprofessor, the poweryou exert carries the possibility ofabuse. The university should not be a place where discussion occurs under the pall ofconstant concern withthe sensitivity ofthe words we use. What you did was chill speech forever inyour class. What was said was in no way disruptive oftheclass, howyou responded was. Itis surprising to me thatyou struck outat a freedom those in China(whom you supportthrough theJuneFourth movement) were willing to die for; the right to speakfreely. Perhaps you have struck upon the "Achilles Heel" ofthe so-called politically correct language dilemma. The suppression ofspeech does not change attitudes. It is Orwellian in its conception. Newspeak was designed to eradicate certain thoughts or emotions through the eradication ofwords orphrases. This is "double plus ungood.'' It does not work. As long as sexism is buried in ourlanguage and debateis squelched by demagoguery, the problem will continue. Even if' 'Pandora's Box weremore than a comment on humancuriosity and the dangersitmay unleash uponthe world, I thinka great harm is doneby theblind compulsion to eliminate itsuse. Ourlanguage isrich with sexism, but itis acommon language. Wecannottearitalldownandstartagain. By recognizing the sexism within it and discussing it, more good will be done than canever be done by chilling debatebyforbidding the use ofcertain words orphrases. Copyright 1992. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without theexpressconsent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors orStaffofTheOpinion. The Opinionis anon-profit organization, thirdclass postage enteredatßuffalo.NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinion is funded by the SBAfrom Student"Law Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelouscontent. Letters longerthan three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campus or UnitedStates Mailto TheOpinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall, Buffalo, NewYork 14260 (716)636-2147 orplacedinlaw school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideasexpressed in the "Letters to theEditor" and on thecommentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 1 Duty before pleasure. Irish Portrayal Accurate To the Editor: As aperson oflrish extraction, lam compelled to addafootnote to Robert Garnsey's review ofthe movie. The Committments. The development ofthe principal characters in the showisabsolutely superb. More important than the story line or themusic is thefact that weare reminded ofthe everlasting lesson ofthe rags toriches torags syndrome that seems to hauntthe Irish. Oscar Wilde said it best: "We are a nation ofbrilliant failures; but we are the greatest talkers since the Greeks." It's awonderful show. Don't miss it. University at Buffalo AIDS Coalition A L T.he Opinion 4 March 3,^ Sincerely, [Name withheld by Request] Sec.2- Ist year Sincerely, Charles Dougherty �TNO E WHERB flu <&W6t>> ONSPRIBREAK NG One Man's OPINION Features Editor bvDARRYLMcPIIKRSON I'll preface this column with a brief statement. I'm hesitant to use this column asa forum for mypolitical office, butI think I can and should in thiscase. IfI'm careful. I doubt I'll seriously violatetheadmittedly thin wall that separates my two personas. Rather thancallingthisONEMAN'S OPINION, I should call it, FROM THE DESKOFADIRECTOR. Lastweek,lwas approached on more than oneoccasion by studentsinquiringwhetherornotthey should runforSßAnextsemester. The burgeoning campaigns forpositionsonnextyear'sSßA Executive Board seem tobe pushing others to consider a future in law school pontics. Thereason I'm writingthis is to hopefully provide some insight for any others who mightbethinking aboutrunning forDirectorships. There are two approaches to being a Director. Onewaycallsfordedication, selfsacrifice, conviction, outspokenness, openness, maturity,and sheerguts. Theotherway doesn't. Thelattermethodbasicallymeans youmanagedto wintheelection and gainthe title. From that point on, you attend some meetings, andmaybe, Imean maybe, doyour office hour. Fortunately, the entire Board this year seems to be beyond thisapproach, andtakesthejobabitmoreseriousry. Therefore,whateverlsayfromnowonappliesonly to those who would be willing to heartily contribute tothe SBA. The qualities I mentioned above are necessary components foryou to serve well withintheSBA. NotallDirectorshaveeach and every quality listed, nor do they have equalamountsofeither. That creates a mix ofpeople withvarious stylesand agendas to serve. Disagreements arise fairly easily at meetings as few issues arerarely blackand white. Emotions frequently run high,and thatis probably one ofthe most dangerous and frustrating things about the SBA. People care about certain causes or groups. A lot. Much ofthe time, everyone takes, or at least tries to take, an unbiased look at an issuebefore voting on a proposition. Questions are asked, information is soughtand compared with the past, and we generally try to be fair. But there are buzz words, orbuzzgroupsasthecasemay be, that setcertain Directorsoff, and their allegience is close to unflinching. I could but won't name names, but a goodnumberofstudentgroupshave' 'guardianangels'' of sorts on the Board. An example ofthat in action includes sending initial funding requests through a Board member, rather than sending a representa- tive of the group. It's not a crime for a Director to be part ofanother group besides SBA, but it doescomplicate, ifnot eradicate, objectivity. I can seehow it would be very difficult to voteagainst one's group in an SBA meeting, and then have to go to that group'snextmeeting as ifnothingwaswrong. People stand by their groups, that becomes aproblem when some kind ofcompromise is necessary. If a Director feels voting for asmaller amount ofmoney would be abetrayal ofthegroup,orthinkswhatever project they're advocating is worth more than thecompromise amount,things start to get tense. I'll tell you onething, don't let anybody say law students aren't loyal. Most clasheswithinSBA arepersonal and/orpolitical. Justlikethefederal government, thereareideologicaldifferences. However, I'm cautious about stereotyping certain individuals. I believe currentproblems within SBA stem frompreconceivednotions ofwhatcertainDirectors willthink, or how they' 11react. I knowthereare beliefs about me floating around that are untrue, and I know I don't like that. I don't assume a director willact a particular way, though over time a relatively predictable pattern will emerge. Sometimes it's justa matter ofpersonalities. Some people simply don'tlike, or can'tgetalong with, otherpeople. That'sto be expected to a limited degree, but it's regrettable when it starts affecting the way peoplevote. rdestimatethatlleavefourout of five meetings upset or frustrated by the behavior ofpeopleon the Board. The meetings are emotional roller coasters,and it's a sure bet thatthis Board ofDirectors would not be considered ahappy family. Despite all ofthis criticism, I'm not saying you should avoid a Directorship. I expect all that I said couldbeapplied to any government or body ofindividuals. You might as well learn how to dealwith these issues now before goingnaively into thereal world. And theSBA canbeaneffectivetool for change within the school. All that matters is how much ofyourselfyou're willing to put into it. As the title suggests, this is justmy opinion. I'm not Mr. SBA, nor am I the perfect Director. I make mistakes and I'm guilty of some of the crimes mentioned above. Ultimately, the decision torun for SBA is a personal one, and I can't tell whether or not it's the best thing for particular people. Dolregrethavingbeeninvolved with SBA? Well, that'sanother story. STUDENTREACTIONTO JEFFERIES CONTINUES byKevin P. Collins, StaffWriter Notmany people canlay claimto being able to draw a large numberofpeople to hear them speak. Fewer can make the case to possessing the wonderfulability ofbeing able to speakwell in frontofalargegroupofpeople. Fewer still can honestly attest to being able to hold and captivate an audience's attention through a speech and to have those in attendanceleave witha sense ofhaving witnessed and heard something importantand worthy of debate. And.perhapsonryahandfulofpeople can be said to be able to cause a high level of attention before they speak, deliver a special talkand to, in turn, be discussedas muchafter they spoke as before and during. One such personwho belongs tothose handfulofpeople isDr. Leonard Jefferies. Muchstudentanticipation and debate at UBLaw School around Dr. Jefferies speech. Some students believed Dr. Jefferies to be a highly controversial individual and speaker. Some saw him as spreading hate speech. Yet, everyone I spoke to agreed with hisright to comehere and exercise his FirstAmendment right offree speech. One area ofconcern was whether this rightto freespeechwasreally "free speech. As Mr. Danßildner,3LoftheSCCpointedout, Dr. Jefferies wasnotcoming to speakfor free. Mandatory studentactivities fees werebeing usedtofinanceDr.Jefferiestalk. Mostpeople believed that it was permissible for a student group to use students' fees to bringcontroversial speakers on campus as long as everyone had equalaccess to hearhim speak and hearhis message. One ofthese students, Mr. Hans Tirpak, 3L of the Federalists, believes that everyonehasa right to speak, yel questionsthe use ofmandatory student fees for someone whoseclaim to fame is his useofhate speech. Mr. Tirpak would have liked to have seen someone withjustas good, ifnot better qualifications than Dr. Jefferies come and speak at ÜB. This leads tothe problem that occurred when Jefferies spoke. It has beenreported in ...Jefferies continued onpage 10 Commentary THE NATURE OF ISRAEL'S NEIGHBORS byDavid Lask, 2L This piece is dedicated to the memory ofA viaElizade peaceful "Weare people, we are loving people; but we don't loveanybody who doesn't love us." MakobnX AviaElizade had a whole life to live, to dream and to succeed. Instead, she fell victim to Israel's northern neighbor, in this case the Lebanese Hezbollah faction funded byIran. In an instant, it was all over for this beautiful five yearold girl. Whilerunning to greet herdaddy who wasreturning homefrom work, shewasblownapart,aswould thousands of her peers if Israel's neighbors had their greatest wish come true. Asa North Korean ship steams toward Syrialoaded with highly accurate ScudCmissiles,as Iran dairy trumpetsthe factthat theyare developing an "Islamic bomb" to destroy Israel, as Egypt vacillatesabout it's unprecedented peace treaty,lsrael is urged by theWesttoshowrestraint. HowtheWestand the UN holdIsrael to sucha high standardof tolerance when its utter existence is daily threatened by the overwhelming majority of herneighbors is beyondrationality. Back in 1981,France, England and SenatorBob Dole ofKansas excoriatedIsrael foritspugnaciousactofcripplinglraq'sburgeoning nuclearreactor. What ahorrible act against the peace loving Saddaam who was merely developingacheapersourceofenergy. Where was the apology after the world and especially Kuwait found out what Saddaam wasreally planning? You got it, there was no apology, and therenever willbe. Why, the casual observer asks, isIsrael notthanked for such a socially conscientious deed. The answer is written in history. For thousands of years, the Jewish people have borathe brunt oftheanger ofthe restof the world. The modem stateoflsraelis in no way impervious to the continuation of this devastatingtrend. In 1967,withhundreds ofthousands marchingand chantingDeathto the Jews" in Cairo, Israel preemptively attacked and in six mesmerizing days annihilated three honed Arab armieswho wereplotting the murderofevery Jewish man, woman, and child in Israel. Every West European nation criticized thetriggerhappy Jewish State, save one, WestGermany, whoselaborunions raised $415,000to help Israel init'smost try ing hour. Since it's inception in 1948, Israel's Arabneighbors haveunitedagainsttheircommon enemy, the Jews. They havekidnapped and murdered Israeli athletes at the Munich Olympics in 1972,hijacked an Israeli El-Aljet to Uganda with the help of Idi Amin, and hoisted elderly American Leon KlinghofTer andhiswheelchairoverthe sideofthe hijacked Achille Lauro cruise ship because he was wearing a Jewish ornament around his neck. Some apologists for the Arabs say that they only hate Zionists. That argument holds no veracity becausebefore there wasan Israel, the Arabs ofwhat was then and what will never again bePalestine launched riots and pogroms against the Jewsandboycotted and destroyed their shops. Oneofthemyriadexampleswas 1929 in Hebron, located in Judea, where Arab mobs killed 200 Jewishpeople inone day and went on to attack and maul young Jewish Yeshiva students in Jerusalem. But thatwasnot enough fortheArabs. Thevoicedtheirultimatedesire forthe fate ofthe Jewishpeople during WWII whenmuch ofthe Arab World rallied behind Hitlerand supported Nazi Germany' satrocities against the Jewish people. Moreover, duringthe late 1930s the Arab governments revoked allfreedoms and civilrights from the indigenous Sephardic Jews ofthe Arab countries. From Casablanca to Cairo, Rabat to Riyadh, Algiers to Alexandria, the Sephardim were forced into the humiliating role of a scapegoat, or Dhimmij'' in culturesthey had been assimilated in for countless centuries. Theinfamous GrandMufti Husseini ofJerusalem spent the last four years of WWII in Germany where he daily went on Nazi radio and urged Moslems all over the world to kill Jews inall Arab countries. TheMuftiwasalso the commanderoftheBosnian FascistMoslem forces whofollowed the ordersoftheir superiorsinßerlin. Thepictures, tapes and speeches are allhoused in Jerusalemat the Yad Vashem holocaustmemorial. Those who glossoverthe goalsofaunifiedArab worldby supplanting the wordZionistfor Jewarereally distorting reality and outrightlying. March 3,1992 ...Israel continued onpage 9 The Opinion 5 �Magic, Myths and Messages About Life and Death byKevinP. Collins, Staff Writer On Sunday, February 16,1992,during halftime, in a game between theLos Angeles Lakers and theBoston Celtics, apacked crowd in the LA Forum watched as Earvin "Magic" Johnson's number was retired and his shirt placed along thewall in theForum nextto other Lakerheroes. Perhaps the mosttouchingmoment ofthat halftime ceremony came when Kareem Abdul-Jabbar, withwhom Magichad fought manyahard battle tolead theLakers to NBA championships in the 1980's,recalled whatEarvin Johnson meanttohim as aplayer andaperson. Magk'semotions showedthrough his smiling face as his parents, his sister, his wifeand his son lookedonalong withmillions oftelevision viewers.For Magic, whohelped put the NBA on the map in the early 1980's, there will be no more battles withLarry Bird or the Boston Celtics. Magic now faces a tougher opponent. Magic has AIDS. Many myths surround Magic Johnson having AIDS. It has been said that because someonelike Magic hasAIDS, thatawareness ofthe disease will increase. It is doubtfulthat after a decade ofthis deadly disease that it would takea sports figure to enlightenindividuals to thedangerofAIDS.Eithertheyknow ofthe hazardsalready ortheydo not care about the risks. Ithas been said thatbecause Magic has AIDS, people will realize that sports figuresare not invincible. Itis society whoplaces its sports heroes on great plateaus. It is the foolishathlete who believesthis ideology. For athletes are no better or worse than you or Ithey arehumanand everythingthat comes with being human is part ofthemand us. One need onlylookat PeteRose,Mike TysonorLawrence Taylor to see that the problems faced by society as awhole exist in the sports world as well. Athletes such as Jose Canseco may getpaid 5 million dollarsperyear to doabout 3 hours of workfor 7 months out oftheyear, while other people put in 12hour days, 6 days a week, to struggle toraise a family and pay the rent, but athletes are still human. The greatest myth surrounding Magic having AIDS is the notion that everyone who comes forward admitting to being HIV-positive is treatedlike Magic is. Magic had his own All-Star Game to play in. He had his own retirementceremony. He wasinstantly named to the Presidential Committee on AlDS'just because he is Magic. Yet, by contrast, the average person who comes forward andadmits tohaving AIDS faces thedistinctpossibility of being stigmatized. Theaverageperson will not stillhavemillionsofdollars in endorsements. He willnotreceiveabig farewell party at work or have his timecard retired. He does not get a place on the Presidential Committee or invitations to all the talk shows. What hedoes get is possible jobdismissal (despite the laws to the contrary), socialrejection and enormous medical bills that he struggles to pay in order to have a chance to live. Nor does the average person coming forward and admitting to having AID Sreceive standing ovationswherever they go.The distinction matbe simpleand obvious, butit needs to be understood. People should cheer for Magic' s career and the enjoyment and entertainment he brought to them. Whether they should cheer for his comingforward and admitting to having AIDS is another matter. What comes to mind isafewyears back whenKeith Hernandez was withthe New York Mets. He testified in a drug case that when he was playing baseball withthePittsburg Piratesthat he used cocaine. The next night at a packed Shea Stadium, over 50,000 fans gave him an extendedstanding ovation. Ifachild turned to bisfat herand asked whyKeith Hernandezwas being applauded, what could the father saybecause he admitted to using cocaine. If the average person came forward and admitted such, he would face possible loss ofhis job, certain social somatization, and possibly even future drug tests. Yet, today' s athlete is permitted, and, in some cases, even expected to have drug problems and is applauded when , hehasthe "courage ' to come forwardandtell his story. This dichotomy ofreceptions between athletesandaveragepeople isan unfortunate and unhealthy socialreality. Indeed, Magicreceived somemixed receptions around the country.Many callersto talk shows believed that he got what he deservedand did not feelsorry forhim; that, ifyou dance next to the fireyouhave to expectto get burned. I do notbelieve that it is anyone's place to judgeanotherover suchdevelopments. While apersonmay have made certain questionable choices, weare not to siton a morally correct throne and pass judgment. We should learn from this experienceinstead ofeitherwallowing in sorrow orpointing afinger ofblame. It has been said thatby virtue ofMagic coming forward and admitting to having the AIDS virusthat the message willbe sent to the even Hate Mail Distributed At some pointbetween Friday night and Saturday morn- ing, one or more individuals placed sexually explicit and/or violent notes in each and every mailbox in the law school mailroom on thesecond floor. The notes were typewritten and varied in content. Each was approximately 2-3 sentences long. An official statementfrom DeanAlbert's office stated that "there were no threats or ethnic, racial or sexist insults." However, according to one of the students present in the mailroom at the time, the notes made threats of dismemberment and specific acts ofviolence, sometimesdirectedagainst individual, namedfacultymembers. . The notes were discovered on Saturday morning at 7:30 a.m. by a law student, who then proceeded to remove all the notes from the boxes. The student left a large sign in the mailroom indicating the nature of the notes and the fact that they hadbeenremoved, andthat any which were inadvertently left in boxes were not the only ones placed in the mailroom. The student thenreported the notes to Public Safety and Dean Filvaroff s office. Further action has not been taken at this time. Anyone having specific knowledge concerning the source of these notes or the identity of their author or authors should contact Public Safety or theDean's office. 6 The Opinion March 3,1992 the rim and slams the victory home with the disease-thatheterosexuals are at justas great clock buzzing, celebrating the Gold Medal a risk. This is a message that scientists and victory for the United States. This magicalscenario would serve well doctorshavebeenspeakingofforyears. Magic himself tried to spread the message to young to destroy the myth thatpeople with AlDScan people to learn fromhis mistakeand to practice not live normal lifestyles. Under the proper safe sex.Then the mediaand somemembers of careand withthe needed medicine, people who theAIDS movementcriticized Magic for send- are HIV-positivecango on functioning in and ing the wrong message. It was said thatthere contributing to society, as well as living norisno suchthingas safe sex, only taking less of mal lifestyles. Further, the Olympic games a chance.' 'They wanted Magic to push for with Magic playing would show the whole abstinence, that the only pure preventive world that you can not catch AIDS through method againstAIDS is toabstain totally from normal body contact,be it eventhe bumping, sex. How viable a message this is is highly pushingand sweatingofbasketball. Thisisone myth thatMagic can destroy. suspect. In the end,however, thereis one myth One piece of magic I, and I am sure millionsofotherAmericans also,wouldlike to thatno magic can destroy.That is because it is seeonce moreisfor Earvin "Magic" Johnson not a myth at all, but rather a truth, areality, a to lace-up his sneakers and play basketball tragedythatexists today. Thousands uponthousands ofpeopleare testing HIV-positive and again for Team USA in the Olympics. I envision the highlight film showing Team USA are facing a life with AIDS. They will not playing forthe GoldMedal downby 1 with 10 receive the same responses that Magic gets. seconds left on the clock. Barkley grabs the Yet, ifMagic can usehisrole onthe Presidendefensivereboundandgivesaquickoutletpass tialCommittee to get the message to President to Magic, who starts thefast breakand quickly Bushto increasegovernment spending onAIDS brings the ball upcourt, dribblingbetween his research thenperhapsacurecan befound. More legsand stopsat thetopofthekey.Withasmile needs tobedone nowbyour government before onhisface and sweatrolling down his chin, he AIDS takes from us scores ofpeople who die does a quick stutter step, loses the defense, because ofalack ofa cure. If this was a death drivesto the hooplooks towardJordan, fakes toll of an attack on American citizens living thepass to himand quickly reverses theball in abroad orofan ally country that was invaded hishandsand flips itto Larry Bird inthe corner. and its oilreserves taken control of, then we The clock shows butjust 5 ticksleft. Bird starts would see billions more being spent on reto take the three pointer but while in mid-air search. Itis time that the government got the changeshismindand dishesback intothe lane message to increase funding toAID Sresearch to Magic, whowithjust 3 seconds left, gives a because the disease is killing American citione-touch, no-look, behind-the-back pass to zensathomeand AIDS isnotgoing tobecured Patrick Ewing, alone under the basket, who by magic- and thatis no myth. takes thepass, grabstheball,jumpshighabove public that AIDS is not just a homosexual NOTES ON CAMPUS Blum Moves for Contempt Order On January 24,1992 Professor Jeff Blum was given leave to amend his com- plaint and given a court order for pretrial proceedings to begin onFebruary 21,1992 beforeUnited States Magistrate Judge, Hon. LeslieG.Foschio. Assistant AttorneyGeneral Douglas Cream, was in the Appellate Division and declines to comment until he has seen Professor Blum's motion papers. Professor Blum is presentlycontending that Mr. Cream is using FederalRule 30 (a) as a basis ofsuperceding the judge'sorder and that discovery need not beg inuntil prelimi- wonBest Briefandreached theQuarterfinals arguing both points ofher award winning brief. The issue to be argued was whether a woman convicted of child abuse could be givenasaconditionofprobation therequirement ofa Norplant surgical implant, an new contaceptive device. The Food and Drug Administration onlyrecently approved this device. Ms. Danzi was one ofthe few solo competitors in the Moot Court exercise to reach the Quarterfinals. Her opponent eventually went on to win the competition. The Opinion congratulatesMs. Danzi onher distinguished performanceand notable representation ofUB Law. nary matters are settled. BLSA Gets Lawsuit In response Professor Blum has deDismissed cided to move for contempt ofcourt orders 26,1992 alaw suil bya OnFebruary against Dean Filvaroff, President Greiner artistagainst theBlack Law Studisgruntled andProfessors Freeman and Mensch. UnidentAssociation (BLSA) totalling $756 was versity policy prevents comments court. Ulysses in dismissed small claims fromdefendants whilethecase is beingtried Moultiere, Vice-President ofBLSA in the in court. The contempt tactic is to compel 1990-91 academic the s argued group' year, discovery ofthe defendants or they run the successfully. risk ofsanction after March 18. A second case The legal action arose from atransaccontempt order will be attempted against tion between theartist, Mr. Ernie Stephens, Dean Carrel, Acting ProvostLevy, Professors Schlegel and Ewing would face similar loaning artwork to theBLSA fora 1991 Black History Month display. Mr.Moultierewasa sanctionsonApril 3. "The judges order and directive were named co-defendant inthe action by virtueof veryclear. Mr. Creammaderepeated efforts his signing out theartwork on behalfofthe to get the judge to postpone depositions. BLSA. The StudentBarAssociation (SBA) They were consistently rejected and he is and theBLSA were also named in the suit. Erika Raymond, President ofBLSA, nowflagrantly disobeying thejudge'sorder. noted that the BLSA had tried to return the It looks very much like defendantsare exartwork during themonths beforethelawsu it tremelyafraid ofwhat the depositions will but wererebuffed Stephens whoeither show. Ireally haveno choicebut to seek some refused to acceptbytheMr. artwork or closed his sort ofcontempt order from the court," exat a shop making for weeks time receipt plained Blum. to its efforts resolve the impossible. Despite Arguments will be on Wednesday matter the received notice BLSA amicably, March 4th at 10:30 a.m. in Federal District ofa lawsuit in November 1991. " Theartwork Judge Skretny'schambers. wastagged worth$250andhesued us fors7s6. Danzi Wins at Duke It'sobvioushe didn'teverwantto settle this On the weekend ofFebruary 21 -23, issueoutsidethecourtroom,'' remarkedMs. 1992 SUNYAB third year law student Raymond. Kimberley Danzi participated in the Rabbi For the present display adorning the SeymourSiegel Memorial MootCourtComglass case outside the Charles B. Sears Lipetition held at Duke University School of brary, theBLSA hasuseditems on loan from Law. Ms. Danzi, representing the petitioner, its members. �byJoiCary An ILS Presidential school and hosted a very successful Conference on international law. Not only did we havegreat panels and informationmadeavail- able to us, but the ILS is planning to use this information as a springboard for an International Law Journal. Additionally, the Roundtable Discussion on adapting the law school curricula hopefully will makean impact in ourown schooland help to expand the internationalstudies and programs available. As Dean Filvaroffstated in his general welcome at theConference,therewerealotof peopleinvolvedinthisventure. Theymayhave been too numerous to name then,but Iwillnow try to givecredit to the parties that deserve it. The initial thanks goes to the original Conference Committee, which came together in January, 1991. This groupworkedlong and hard tomake aConference happen in September, 1991,but due toinsurmountable logistical difficulties" that event had to be postponed. WhenILS decided tocontinue withthe project inlate September, 1991,about 60% of the original group was not able to participate, a perfectlyunderstandable happening in light of the trauma that was incurred due to the postponing ofthe firstConference. Itwasavery emotionalandhighlychargedtime. Thefoundation that this group formed was the basis upon whichthe 1992Conferencewasbuilt,and I wouldlike to thank themfor sticking with it as long as they did. The original idea for this event belonged to Kimberley Danzi, and she deservescredit for the initiallaunching ofthis project. I would like to thank all the student groups whichbecame involved to help make this dream a reality, especially LALSA and theHibernians for theirsupport early on in this venture. It was thelittle pieces that, whenput together, made this event come to fruition. To this end I would thank the Asian-American Law Students Association, the Student Bar Association, the Criminal Law Society, the NationalLawyers' Guild,theBuffalo Environmental Law Society, the Federalist Society and theGraduate Group onHumanRights Law and Policy. Ithinkthattheentireschoolshouldknow whatatremendousefforttheConferenceCommittee putforth to make the 1992Conference Theydidanenormousamountofwork Jer to make this successful. The Coordinators oftherespective panot only assembled the panels, but they made sure thattheirpanel fit within the entire matrix ofthe Conference Agenda, not an easy task, I assure you. They are: DianaCrespo, Aida Reyes and MadelineFinesmith, Far East Panel; Shirley Sostre-Oquendo,LatinAmerica Panel; JohnMartin,Intellectual PropertyPanel; Darin Bafani, CareerPanel; Thomas Nusbaum, Public International Law Panel; Pat Whetzle, Environmental Law Panel; Monalgram,International CriminalLaw Panel; Laura Vasquez, Roundtable Discussion; Lisa Doboseiwicz, Immigration Panel; and John Oleniacz, CentralEurope and theFormer SovietUnion Panel. TheMarketing Committeedidafantastic job in obtaining over $ 1400.00in advertisement sand donations. Thanks to Bob Sisson, and Simon Conte. ThePrinting Committee didaverythorough job from the beginning and met their responsibilities with amazing efficiency. Among otherthings, they were responsible for the flyers, the posters and the registration packets. Mark Conklin,Director Registration Committee and Glen McDonnell, Director Printing Department, you two did a great job. Kity. Thank you to thefund raising andbagel salepeople who stuck withit throughout the last 1.37semesters; the moneyraised through these efforts was a central part ofthe money making scheme. Thelaw school administrative support cannot go unnoticed; Cheri Tubinis, Anne Gaulin, Carolyn Schrauger, Barbara Premielewski and Dawn Skopinski were an essential part ofgettingalot ofthe nitty gritty work done. Theirhelp was greatlyappreciated only secondarily to their perpetual positive attitude, which on darker days, made life a little brighter. Thank You. We will be forever indebted to Ellen CiibsonandTerry McCormack forproviding us with the necessary audio-visual equipment and the personnel to operate it. Terry and his staffwerevery understandingandenormously helpful with ourmanylast minute changes. Thank you to Nina Cascio tbrhergenuine interest in ILS and support for ILS activities. Additional thanks goes to: EdMoy forthe wonderful ILSlogothat appears onthe frontofthe ILS T-shirts. Lester Meza for delivering the many faxes that we received. Hope Olssonfor designing thefinalprogramand finding a printerthat wouldbillSubBoard I. The Office ofConference Operations: Sally Catalano and Eric Schuster for their interest in making this project run as smoothly as possible. Eric hasreaffirmed my faith in humanity. 5.8.A., especially Brian Madrazo, for helping to finance this venture and for letting us use their office during theactual event. Dawn Baksh for her extreme patience duringthe past few weeks. Barbara Hurley forkeeping me sane. Ilene Fleischman and the Alumni Office forproviding us withpresscoverage, UB Law Folders, UB Law name tags, mailing labels, the U B Law Bannerand for helping us obtainalumni support. The' 'Clutch Team" ofJohn Oleniacz, Barbara Hurley, Michael Radjavitch and Shirley Sostre-Oquendo for efficiently handlingall ofthe major and minorcatastrophes that we encountered along the way. Professor Edward Beane and Professor CharlesTrzcinkaforbeing so understanding. Elizabeth Mensch and Alan Freeman for agreeing to participate in the Roundtable Discussion, offeringtheir viewson whatneeds to be done to strengthen the international program at UBand being willing to contribute to thatend. Canada-U.S. Legal Studies Centre for sponsoring thekeynote speaker. Theactual executionof the Conference wasperfectly orchestrated. The entire Conference Committee pulled together beautifully and made it all look so easy. John Oleniacz, BarbaraHurley, ShirleySostre-Oquendo, Mark Conklin, GlenMcDonnell, MichaelRadjavitch, Karin Stamy, Bob Sisson, BobKearney, Sharon Nosenchuck, Diana Crespo, Paul Roalsvig, Marissa Briggs, Kirn Danzi, Simon Conte, Laura Vasquez, Sara Hewitt, Constantine Karidesand Angela Gottdeservea hugeround ofapplause for theirtireless efforts in admin- istering the final project. John Oleniacz, warrants special thanks asherose tothe occasion and took overtherole ofVice-President and Assistant to theDirector at a time whennew strength was desperately needed. Hemadebusinesscards,coordinated a panel, held meetings and spent many sleepless nights along withme hammering out the detailsofthis monster thathad been created. Janusz, I would have been lost withoutyou. Ofcourse, Virginia Leary deserves alot ofcredit. She became interested in this project afteritbegan, but once involved, sheputforth a wonderful effort and helped to make it a success. She was able to get us "heavyhitters" for the panels as well as Edward Broadbent for the Keynote Speaker. She was also instrumental in obtaining the grant from theFord Foundation. Thank you Virginia, I lookforward to working withyou on theInter- national Law Journal. I wouldsend out my warmest personal thankyou to LauraMangan, AssistantDirector of the Canada-U.S. Legal Studies Centre. Withoutherhelp, this project would havebeen impossible. Sheofferedcontinualenthusiasm, encouragement and support toaverywearyILS Presidentand ConferenceCommittee. In additionto her daily plugsofenergy and inspiration, fromthe very beginning I auraprovided us ThankYou with the necessary information to make this venture asuccess. She made herselfavailable on adaily basisto help usovcrcomethe seemingly "insurmountable logisticalproblems'' that we encountered, and did so with that wonderful disposition that we have come to know and appreciate. Laura this school wouldbe sunkwithout you! I have thoroughly enjoyed working with theentire Conference Committee and would like to further thank them for the motivation thatthey provided for me and to each other. Everyone supported everyone, and this was a very important pieceoflhe puzzle. I have never witnessed such a strung show ofsupport and dedicationand I look forward to working togetheron strengthening the international programat ÜB. Andlast, but certainly not least, I would like to thankalloftheparticipantsofthe 1 1>92 Conference forattendingand participating so fully. UBwas definitely verywell represented and weleftapositive lasting impression in the eyes ofall who attended. Of Life, Law, & Bush-League Politics by W.F. Trezevant, Staff Writer When does it all stop? When will the and bickering over issues of dickering petty miniscule importance cease to occupy such a large part ofour daily life, and efforts? Recently, the SBA was informed that we have earned a free party from Mulligan' s Bar. This was due to the success of the the previous partiesorganized bythe SBAand supported by the students. Scot Fisher, a 2nd year Class Director, informed the SBA that various student groupswere planning a fundraiser forthe Commentary Muhammad I. Kenyatta Memorial Scholarship Fund. It appeared to beaperfect match. However, Marc Hirschfield, a3rdyear Class Director, moved that theparty, and proceeds from this party be given only with "strings" attached, namely that the criteria for the scholarship not include race, and the SBA passed themotion by al4 to 2 vote. Thus what began as a great idea has turned into a battlebetween anti-affirmative action forces, and honest students who simply wish to give to the memory ofsomeone who gavesomuch. Whyis it sohard to honorthe memory of ProfessorKenyatta who gave simply to give? Indeed, the very idea of giving money to a scholarship fund which would help bring another student into our halls and classrooms withconditions foracceptance does violence to the very lesson which Professor Kenyatta attempted to teach and in fact lived. Perhaps the present Class Directors skipped class that month. How selfish wehave becomewhen we demand everything ofa professor, yet we expect to give only in very narrow circumstances. So what ifthe criteria includesrace? Race and rac ism wasapartofProfessorKenyatta's very existence whichadded to whohe was and what he shared with us all. To negate something which was fundamental to his existence just does not make sense. Rather, the recent decision by the SBA represents an attempt at introducing petty, personal, anti-affirmative action politics into a very simple decision. (Note: Itwas this sameClass Directorwhocowrote theanti-affirmativeaction diatribe... I mean letter to the editor in the last edition of theOpinion.) We should give in themanner in which weweregiven to byProfessor Kenyatta, freely. Personally, the SB A mayhave overestimatedtherelativeusefulnessofa' 'FreeParty", theuseof "SBA" in its promotion, and the overallvalueoftheproceedsfrom the party. In thelargerpicture,regardlessoftheamountof thedonation, it pales incomparison to theother monies donated,and more importantly to the contribution ofProfessor Kenyatta to thisinstitution. It would be nice to see the SBA leave politics out ofthisone decision,however, ifthe SBA cannot,quite frankly, I amoftheopinion that ourpresent SBA group should justkeep the damn money, because life will continue. By the way, the people in charge ofthe Memorial Fund never contemplated a racebased criteria, and in fact, Mrs. Kenyatta specifically asked that race not be an issue. It is time for the SBA to quit playing in BUSHLeague politics ofrace, racism, and give to give, because it is right. An Open Letter to the Administration: Nowthatthesecondsemesteriswellunderway,many first year studentscan be seen scurryingaboutthe law library orbleary-eyed fromtime spent infrontofcomputer screens, in part thanks to the present manifestation ofthe Research and Writing Program. The "volunteering professors ought to be commended; the mix of substance, research and actualwriting so farare a welcomeaddition. Firstyearexposure to tenured professors in smallresearch and writingsections create a terrificopportunity which onewould be hard pressed to find at other law schools. The professors and their assistants are doing an outstanding job, but they cannot be expected to be the cure all—apparently a classic paradigm of 'too little, too late.' Theeventsoflastfallarenotandshouldnotbeforgotten. Deficiencies are brutally apparent every time someone has to "bootstrap" research or "blufflegal writing for the present program whose instructors expect their students to already know the particulars whichthey have yet to be exposed to. Is it not justabit shocking thatnumerous first years feel prohibitedfromcompeting in the springCasenoteCompetitionbecausethey nave never seenaßluebookletalone understand itsproper implementation? Every timeastudenthas to explain thelack ofawriting sample toaprospectiveemployer, the practical shortcomings ofthe present program are clearly evident. How should one react to an interviewer's comment' 'Oh, that'sjust Buffalo, weneverknow whatthey are up to?" No one should beforced to make excuses for something that the student body hadno control over. Thejob marketis tight enough already. The memories ofthefall will be especially vivid whenthe rejection letter comes and onecannothelp but wonder upon whatcriteriaitmayhavebeen based. Questions stillremain to be answered: How didallofthis happen and will it happen again? What will bethe status ofResearch and Writing for the Classof 1995and will those perspective students be informedofwhat waitsfor them or will they be duped into coming to Buffalo under false pretenses. Furthermore, one cannot help but wonder, among law schools, where didBuffalo rank five yearsago, where doesitrank today, and where will it rank in the future if its graduates are not properly equipped withthe tools that the legal community expects and demands? Please do notapathetically sweep these issues under theadministrative carpet ofO'Brien Hall-beresponsible and planahead when considering next year'sprogram. —Concerned Students March 3,1992 The Opinion 7 �From the Desk of the President byBrian P. Madrazo outside the SBA office and in the mailroom. moving 0n... GRADES: A brief update on the status of late grades. Unfortunately the second setofletters to President Greiner, University Council, the Faculty Senate and the United University Professionals needed to be sent as four first year grades are still have not been turned into the registrar. Additionally, I have filed acomplaint with the Faculty Student Relations Board requesting intervention into the status of late grades at thelaw school. Thegrade deadlineis generousto a fault. Failure to get grades in on time isinexcusable absent anextension ofpaperdeadlines, illness or emergency. To date, no professor has approached eitherthe SBA ortheadministration with any such reasons. Therefore the SBA pushes ahead with our continuing effort to improve the quality of life for students on campus. Unfortunately, in the process, the actions of some professors reflect upon the entire faculty. This is not about battling thefaculty on this issue. Quite frankly 1wouldrather spend my time working withthe faculty and administration to solvethis budget crisis orimprove course selection or a myriad ofotherareas in the law school. However, responsibility for finishing course workisdemandedof students. It should therefore be demanded from our professors. moving 0n... BUDGET HEARINGS: Budget Hearings forallgroups requesting money for next year are schedule for the week ofMarch 16th. Signups are available outside the SBA office. You must send a representative to defendyourbudget, soifyou havenot signedup get moving! moving 0n... PETITIONS Allpetitions forExecutiveOfficerpositions in the SBAare dueby close ofbusiness FridayMarch 6,1992. Allpetitionsfor UniversityCouncilaredueby Friday March6,l992 in the StudentAssociationofficeinTalbert Hall. Please note that you areresponsible for meeting The Opinion deadlines. moving 0n... ELECTIONS: There will bean election forum sponsored by the SBA onMonday March 24,1992 from3:3op.m.tos:3op.m.inroomlo6forboth University Council andExecutive officers. I urge all students to attend and listen to the various posisitons of the candidates. The elections will be held March 25 and 26 from 9:00 a.m. to 4:00 p.m. in front ofthe Law Library. moving 0n... MEMORANDUM Dean Filvaroffand Faculty FROM: The Student Bar Association Late Grades RE: February27,l992 DATE: To: Today is February 27,1992. Pursuant to guidelines establishedby theFaculry the deadlineforturning in gradesforthe fall semesterwasFebruary 15,1992. Asof4:()0 p.m.today thefollowing Professors and instructors have notcomplied withthat deadline: Name Respectfully, The Student Bar Association SBA: Up Close & Personal CLASSREDUCTION: This Tuesday andWednesday thefinal elections for the various commencement speakers and awards willbe held from 10:00 a.m.to3:oop.m.infrontofthe Law Library. All third years are eligible to vote in the election. Please be prepared to show the registration tabler your I.D. The people on the ballot represent the top five and ties from theinitial elections held last Tuesday and Wednesday. The winners will be posted Thursday morning : ...Marcusi continued frontpage 1 a sexual object- a form ofreduciionism and invalidation. However, the feminist community spliton this issue because they could not agree on what exactly qualified as pornography. Since thegoalofMacKinnon'sproposed ordinancewasto link harm to womenand male behavior, an unclear definition made it difficult to show cause The discussionofpornography grew into the second featured area, hate speech. Pornography count as hate speech because the negativedepictions ofwomen allegedly could not be done by someone who "loved" women, therefore, the reverse must hold true. The 8 The Opinion LASTLY: As usual ourweekly SBA meetings are open to all students. We meet at 7:45 p.m. every Wednesday inroom 706 ()'Brian Hall. As an aside the reason our meet ings are at that time is due to room availability and Board availability. It quite simply is the only time each week when every Board member can attend. So I apologize for the inconvience of thehour and I hope to see you there. Have a greatspring break!! ACLU, with which Prof. Marcus disagrees though she is a self-confessed card-carrying member, believes hate speech should not be legislated, and instead bemet withmorespeech. However, duringthe Eighties, Critical Race Theory emerged to challenge that position. Black scholars noted that there was a presumptionthat all speakers in society spoke from an equal basis Those inpowerhad greater access to media, and the abiltiy to shape and decidethemessage. A society that did not take action against hate speech tacitly supported it, they felt. That forced the targeted person to fight backfrom adisempowered position, which made them virtually helpless. March 3,1992 No. of Students First YearCourses 90 l.Steinfeld Property Criminal Sect. 90 Law 2.Ewing Criminal Law Sect. 90 3.Ewing ConstitutionalLaw 1 2Q 4.Kannar TOTAL: 360 Upper Class l.Steinfeld Public Utilities 14 2.Kannar Ethics/Law/Politics 15 3. Headrick Canadian Legal Studies TOTAL 29J: 390 GRAND TOTAL andresponsibility coursework haveaduty tocompletetherequired Justas students within the time frames established by the faculty, the school and the University the faculty have a dutyandresponsibility tocomplete and post gradesforstudents whohave completed theirobligations. Unfortunately, thefailure to meet the deadline established by the faculty is not unique to this semesterbut rather is acontinual one, which seems to be getting worse and notbetter. Pursuant to the SBA' smemorandum ofFebruary 17,1992 the second set ofletters have been sent out to the proper parties. As President lam in the process of filing withtheFSRB a complainton the behalf ofeach and every student stillwithout grades. GROUP HAPPENINGS: The Black Law Students Association justcompleted very sucessful Black History At anemergency meetingofthe SBA the Month. Various speakers and events were Board voted to send a letter to the faculty planned throughout the monthofFebruaryand expressing ourconcerns withamemorandum werewellattended by boththeLaw Schooland circulated among the faculty discussing the the community. Congratulations tothemempossibility ofreducing the incoming firstyears bersofßLSA. TheInternationalLaw Society hadtheir class sizeby onefull section. This was not, as International Law Conference this past weeksome faculty chose to color it, student overend. fromaround the world were a Speakers reaction to ideas proposed among the faculty. part ofthisconference which has been nearly Indeed theletter took pains to indicate thatour year a full the planning. Congratulations to in response was simply in thetradition ofthe first ILS. memorandum, offering our opinion and The Hispanic National Bar Association suggestions as to the proposal. had a regional conference at UB this past Basically ourresponse is that adecision weekend hostedby JavierVargas, memberof ofthismagnitude should not bemade untilall LALSAandregionaldirectoroftheHSNßA. ofits ramifications are discussed by faculty, students and administration in committee, Congratulationsto Javier. informallyand in open faculty meetings. Only moving 0n... then shouldsucha decisionbe made. TheSBA WHATISONTAP: feels that there is simply not enough time to The Buffalo Public Interest Law Proimplement such a planthis year as acceptance gram launches its Pledge a Day in the Public letters are going out to incoming first years Interest Pledge Drive the week ofMarch 16, already. 1992. Last year almost 20,000 dollars was moving 0n... pledged by thestudentsand faculty oftheLaw COMMENCEMENT School. Goodluck toBPILP. moving 0n... ELECTIONS: CourseName by Natalie A. Lesh, iBusiness Manager Two weeks ago, an emergency SBA meeting was called in order to discuss the proposal that next year's entering class be reduced by one-third. Here is what your representatives are saying abouttheproposal: •"Whenlheardaboutiheideaofcutting down the size ofthe school by one section, I knew ithad to bea Schlegel thing because it sounded wacky."-MarcHirschfield, ThirdYear Class Director "We should carefully examine the issue to determinewhetherareductionofquantity would eitherharmor benefitthe qualityof the education offered.''- DarrylMcPherson, Third-Year Class Director *"I would hate to seean individual's access to the only public law school in New Yorkto be undermined solelybecause ofthis University's budget problems."- Sarah Swartzmeyer, First-YearClass Director If this is a reaction to the budget problems, then itdefeatsthepurpose. Areduction in incoming students willbe followedby areduction instate funds. Further, when we, as alaw school, do not presently have the useof all therooms in ourown law school-including the Moot Courtroom- aone-thirdreduction in class sizewill proportionately decrease useof the law school building. Less students, less funds, less classrooms- bad idea."- Kevin Collins, First-Year Class Director �"Size isn't everything."- Scott Rudnick, Second-Year ClassDirector On a different note, this week's SBA * *" Attempts to address these concerns through hate speech codes are problematic. Many times, other avenues within the law exist to combat the extreme expressions of hate. Hate speech ordinances, unless very carefully drafted, could easily be seen as overbroad. When society tries to take into account the victim'sperspective and pain, it risks violating the First Amendmentrights of all its citizens. Prof. Marcus ended the main part ofher colloquy bynoting theconditions in China, where penalties for speaking one's mindresults inaculture in whichnoone knows what anyone elseis thinking. The floor then opened up foraquestionandanswerperiodthat meeting promises tobe especially interesting. A few weeks ago, Second-Year DirectorScot Fisher informed the SBAthat various student groups were planning to raise money for a Muhammad KenyattaMemorial Scholarship. MembersoftheSßA were eagertosupport this project,althoughthere was someconcern as to howthescholarshipwoukibeawarded. ThirdYear Director Marc Hirschfleld made a motion that money made from the next SBAparty should be donated to this fund, as long as the criteriafor awarding the scholarship would not includerace. The motion passed. At the mostrecent meeting, ScotFisher gave notice to the Board that at this week's meeting he would make a motion to rescind Marc Hirschfield's motion. Scot believes that putting such a constraint on the scholarship before itis even officially formed is undesirab.e. Also, the ultimate decision-maker with respectto who isawarded the scholarship will most likely beProfessor Kenyatta's widow, Mary, and Scotfeelsthatitis unfair toput such limitations on her. Thedebateonthistopic will belong and heated- eachDirector will undoubtedly want to make some sort of statement. But what is crucial to this issue iswhat we, the students of this law school, think. If you are at all concernedabout the formation ofa scholarship in Professor Kenyatta's memory, this meeting involves y_ou The Class Directors want, and desperately need, outside input if they are to resolve this issue in a fair and reasonable manner. What else can I say? Be there! covered issues regarding pornography. Title VII, and comparable worth. Out of that period came an interesting proposition forlaw students. Inthepast,Prof. Marcus wantedastudent group to show Behind the Green Door, an earlyporno movie, in order to spurdiscussion onpornography, and to explorethe various reactions that wouldaccompany the presentation. Women are morecomfoiiabletalking aboutthese matters than men, she found, probably due to women's greater likelihood to think about gender issues. The screening did not happen then, but Professor Marcus would like to see it happen now if studentgroupsare willing. �Movie Review: Mississippi Massala Two Outsiders Find Each Other by Renee Walner Relationships between couples ofdivergentraces orbackgrounds hasbeenarecurring cinematic theme throughout the years. WestSideStory. Guess Who's Coming ToDinner, and the recent Jungle Fever are a few examples ofthis genre. Mississippi Masala, a winsome new film by the director MiraNair, marks thelatest entry and works the theme in arefreshingway. Whereas some filmsbroach the topic by presenting characters that are merely stereorypesorcaricatures,A/ijsWJipp/ Masala is quiet, subtle,and light. MississippiMasala depictstherelationship betweenMina(SaritaChoudhury),ayoung modernIndianwoman whoat 24years oldlives with her traditional parents, and Demetrius (Denzel Washington), a dedicated, serious, youngblack manwho declined to go tocollege inorderto remain nearhis widowerfather.The film deftly captures the strong bonds each shares with their respective families. Mina and Demetrius are both considered outsiders in Mississippi. Mina, because she is Indian, and Demetrius, because he is black. The director and two leads deserve creditfor subtleperformances that donot make race seem to be an issue. Though theblack and Indian characters who meet in the movie feel acertain affinity for each other, there is still an underlyingfeeling o funeasiness. The beginning ofMississippiMasala is quite riveting, and sets a distinct vision that lasts the entire movie. The film begins by depicting thelast daysMinaand her parents' spendin Uganda in 1972, where they livebefore they are expelled withthe ascent ofIdi Amin to power. Mina's father, Jay(Roshan Seth), is ...Israel's Neighbors continued from page 5 The nature ofthe militaristic Arab dictatorshipsand monarchies is furtherelucidated by theirso called support for theso called Palestinians who are occupying Judea and Samaria. The nations who claim that these poor Palestinians who are so oppressed living in Israelare the same nations whoparadoxically ordered the murder 20,000 oftheir own people inDamascus, Syria, the gassing oftheir Kurdish minority with napalm is Baghdad, Iraq,thedeath penalty for any personwho uses Mohammed's name invain in Tehran, Iran,the international bounty for Salman Rushdie, the author of The Satanic Verses in the same country, and the sabotage ofthe Pan Am jet over Lockerbie Scotland, killing almost 300 including over 40 Syracuse University students in Tripoli, Libya. TheArab world cares not one iotaforthe Arabs living inlsraelandit's administered biblical territories. They simply poison these people' sminds, passionately enticing them to believe thatan' 'Intifadah'' will liberate historicPalestine and thattheir eleven year oldchildren should throw large rocks at the eighteen and nineteen year old children who make up the majority ofIsrael's soldiers in the territories. Following the defeat of Iraq in the Persian Gulfwar, the world was optimistic that peace between Israel and its Arab neighbors could finally be achieved. With Kuwait and Iraq in ruins, the environment and the water supply ofthe entireregion injeopardy, thehope was thattheArab world woulddoaway withthe status quoand say enoughis enoughby collectively recognizing and making peace with Israel. That Utopian idea was what President Bushmeantby the "newworldorder." Nosuch actions were taken. The attacks on Israeli buses and villages continue to thisday. TheArab lobby in theUN is live and well, soaked in oilrevenues, spewing itsAnti-Zionistrhetoric, which ofcourse is apoliticalguisefortheirvirulent opposition k> any Jewish elementresiding in the Mid-East. According to Saudi Arabian law, Jews are nol evenallowed on Saudi soil, an exception was conveniently made for Jewishtroops fighting King Fahd'senemy inthe gulf. a journalist and the third generation of his familyto livein Uganda. Though he is oflndian heritage.he has never seen or visited India. Jay hasachieved moderate success, and thefamily lives in hilltop splendor, surrounded by the dazzlingbeauty oftheregion. Jay is devastated when Amin orderstheexpulsionofall Asians. Afterbeingarrested, and feeling betrayed bya good friend, Jaybegins to feel like an outsider. Heand his family leave all their possessions behind to begin a new life in America. In 1990,Minaand herfamily are living in Greenwood, Mississippi where they run a motel with Indian relatives. Mina and her fatherarewistful and long for something more. Mina's fatheryeamsto be back in Uganda, and busieshimselfin a lawsuitagainst the government in an attempt to retrieve his property. Minahas become a beautiful 24 year old, and onlyachieves acertain contentment whenshe meets Demetrius. Mina and Demetrius first meet in a car accident, and in subsequent Rex Imprimatur , byJohnß.Licata, Editor in Chief I received yet another Dear Johnrejection letter. They're all alike, with the regret that a person of my unique qualities will definitely succeed albeit somewhereelse. I have a vague suspicion thatthe post officehas set up dummy partnerships to generate an endless supply of first class mailthatis really going nowhere. Inatruesenseofgovernment waste, the firms usually send arejection on stationary that costs more than twenty-nine cents per sheet ofpaper. Themadscramble for employment has yet to pay offin an offer,but at least my fireplace has no want offuel. Of course, withtheamountofmoneyl'vespenton paper, stamps, envelopes, telephone bills,copying serviceand atherapist I could have paid off the heating bill for my entirecity block. I'll leave that to the Neighbor-4-Neighbor heat fund. I am oneofthousands uponthousands of meetings develop an affinity for each other. students around the countrypresently looking However, a chance encounter witha friend of forworkand scared offinding it. Theamount Mina's family shatterstheirclandestine relaofletters thathavebeen carefully craftedand tionship. on their way to Denzel Washington as Demetrius, reviewed that are currently "not today, thank you" is beyond a getting achieves an easy-going naturalness, and has comprehension. The junkmail, the bills that never played a role with more warmth or tenderness. Sarita Choudhury, in her film won't be paid until ared inked FINAL NOstamped onthe front ofthe envelope debut, is quite good, andperforms withdistinct TICE is and those shopping catalogs filled withnoseease and nonchalance. Particularly good is removers, curio cabinets and shopping hair Mina's father Jay, Rolshan Seth, who captures calculators have to place a terrible burden on a distinctyearning and melancholy, oftenseen our ecosystem. All that waste and my ecoin the eyes ofmany a person forced to leave nomic condition stillhasn't improved. theirhomeland. But as I watched the crisp piece of stationaryburn in my fireplace,withthewords ''toxic - do not burn" momentarily framedby For thosewho stillview Israelas the greedy orangy flames, I realized that I would aggressor rather than the victim ofthehatred have to do some moreresearch ifl wasto have and fanaticism of over twenty surrounding achanceofgettingapieceoftheadvocatepie nations, ask yourself what would happen if Israel, anationthe size ofNew Jersey were to in these tough economic times. Perhapsusing give up the West Bank, the Gaza Strip the a dartboardand a shredded copy ofthe 1985 Golan Heights and East Jerusalem andbecome Martindale-HubbelMiaS" its flaws as a job anation smallerthan Rhode Island defunctof searchmethod. Given therate ofchange in law firms today it'snot surprising that mostofmy secure borders. Ifyou still are not sure ask any letters were addressed to the wrong people. or Jew ofArab origin Avia Elizade's father. Usingthe wrong gender in agreeting can't help $ 100 REWARD Someone has taken the UB Law Banner over the weekend, and we need it back! Contact llene Fleischman in the Office ofAlumni Affairs, 310 O'BrianHall,(636-2l07). that the legal system should institute some- thing similar to the National Football League draft system and the employers who actually havejobscoulddraftwould-beattorneysstraight out ofschool. The waste ofpaper would fall, and while the post-office rates would more thandoubledue to thedrop involume, American worker productivity would increase dramatically and medical claims by overladen postal carriers wouldcease. Studentscould go to regional try-outs for several weeks and scouts from the variousfirmscould givethem a look-over in various associate skills tests, including, but not limited to: laughing convincingly at the senior, orany, partner's jokes, acting sincerely pleased to be doingresearch for your third year in arow, and repeating the firstyearassociate mantra, "I'm content not to know what a court room looks like.'' Court-TV could coverthe event in the manner thatESPN covers NFL draft day and the students could holdoutforbigger contracts, formaunion, have the union get broken, and finally go into the lucrative endorsement field. Those students not draftedcould arriveat training camp for try out positions with their blue suits and shiny shoes. A proliferation offree agent "rainmakers" has already occurred as the business generating partners are shopping theirtalents around to other firms. It's obvious thatsuch a power shift in the students favor would make themhappier workers and substantially more generousalumni. Ofcourse, theaverage career length would plummet as attorneys went into broadcasting for the many local affiliates of Court-TV. Law schools could be cited for recruiting violationsfor trying to get a gifted oralist into its Moot Court program while ignoring the applicants essential law school prerequisites: GPA, LSAT scores, and assets over liabilities ratio. U nt'ortunately, the NCAA regulations and academic requirements wouldkeep many oftheprofessorsscrambling for loopholes instead ofdedicating their time to teaching. With these tough economic times finda either. I decided to flip through thetelevision ing job is going to take alot of ingenuity. stations, but the only attorneys on t.v. were Hiring a private detective for surveillance looking for clients, not associates. Fora few isn't out ofthe question. A few photos ofthe moments I gave thought to " falling downthe hiring partner with the wrongperson in a com- -- stairway but thelandlorddidn'tstrike me as an promising positioncould takemonthsoffofthe over-insured individual so I thought better of job search. Consider that money invested as thattactic. My low pain threshold wasanother seed money for employmentand hirethe detecfactor. I probablywouldhave blacked outjust tive before you take theMPRE. In the end it will inevitably turn on before falling and not been able to testify confidence and marrying one of persistence, regarding the condition ofthe stairwell. theboss'children. It's times like these that convince me ... Letters continued frompage 4 oftheReview depends on all oftheseabilities being present in all ofits members. I am not so sure, as are Mr. Bildner and Mr. Hirschfield, thathaving competitors write on different cases is unfair. Although I did not read 150some odd casenotes, I didread some whenthey werehandedin, andthere were salient differences which were completely unrelated to the particular case. A quick look at lastyear'shighestcasenote scores shows all ten cases to be fairly evenly distributed among the highest scores. I am nota statistics expert, but it seems to me that even if there were a correlation between high casenote scores and particular cases, this correlation is not necessarily aresull ofthe case itself, but couldalso be caused by the range ofabilities among the competitors who are randomly assigned the same case. Certainly no process is perfect, and I do feel that the Law Review, because ofits importance forpeople'scareersjiasaresponsibiliry to ensure that its selection process is fair. However, since so much importance is given to Law Review membership (as Mr. Bildnerand Mr. Hirschfield themselves note), I believe thatno matter what we do, no matter what our competition requires, there will always be dissatisfaction with our selection procedures. Itissomewhatakintothe faults we suddenly see in aprofessor,or in an exam, after we learn we have gotten a "Q." Lastly, there exista number ofreasons we do not post competition scores. The overall competition scores include grades, which are and shouldremain confidential, so the overall scores cannot be released. If we were to release only the casenote score, I'm afraid it would be all too easy for anyone to speculate as to people's gradesand as to who was offered a position through the personal cohesivefunctioning oftheLaw Review). As tothe problem ofwhether one should use their casenote as awriting sample, ifthefunction of a writing sample is to show someone your writing skills, I donot understand therelevancy ofknowing the casenote score. You can edit andre-edit your casenote, ask others to read it, or use something else ( like perhaps a letter to the Opinion). Sincerely, Margaret Phillips Executive Editor Buffalo Law Review Member, Margaret's Committee onFairness statement procedure. Because thewholepro- cess is anonymous, only the Editor-in-Chief and the Head Note and CommentEditor are privy to a competitor's identity and his or her casenote and overall competition score after the selections have been made. To make that information public would unnecessarily interjecta hierarchy among themembership (which Irealize is notaconcem for Mr. Hirschfieldand 1According to § 19(b)(5)oftheConstitution, theLaw Review's goal is to havethemembership ofLaw Reviewreflect thecomposition of the overall law school class. However, if theproportion ofracial minorities, economically dis;Klvantaged or otherwise handicapped students in the applicant pool is less thanthat ofthe overall class, our goal becomes having our membership reflect Mr. Bildner but which is a concern for the March 3,1992 The Opinion , 9 �...Jefferies continued frontpage 5 another newspaper that seats were allocated according to certain established numbers and in this newspaper that the audience was 80% African-American. Iwasoneofthemanywho stood in thecoldforoverthirty minutes and was not allowed to hear Jefferiestalk. If one ofthe reasons forbringing Jefferies to campus was to spread hismessage and have people learn from him, should not all students beallowed equal access to hear him, especially if every students' fees are being used to bring him here. Individually,many students voiced their feelings about Jeffriesand hiscoming to speak at ÜB. No otherstudent was as demonstrative in expressing his viewsas Mr. Jim Maisano, 3L oftheSCC.whodidagreatdealofresearchand put together a fact sheet on Jefferieswhich all law studentsreceived in theirmail boxes. Mr. Maisano believes that Dr. Jefferies is a very strange man. Mr. Maisano is ofthe opinionthat Dr. Jefferies is not a scholar,although, inMr. Maisano's view, healleges to be. Mr. Maisano called Dr. Jefferies a charlatan in thathe plays games with history to argue his points. He believes Dr. Jefferies to be a dangerous man who divides, not matches, Dr. MartinLuther King's views. Mr. Maisano supported Dr. Jeffries right to come and speak at ÜB. He believes inopen access and the use ofmandatory student activities fees to bring controversial speakersto campus. Hebelieves everyone. should see Dr. Jefferies for whathe is, whichis, inMr. Maisano' sopinion, aman ofbigotry and hatred. A large protest toDr. Jefferiescoming to speak at UB wasa strong possibility. Indeed, many wondered ifthis would be the primary outcome of L >s being here. The anticipated protests never materialized and the crowd outside, with which I stood for thiry minutes beforethespeech hen wecould not get in, was verypolite. Thiswa i pleasant scene for many and I was glad to observe it, yet it caught Mr. Norbert Higgins, 3L ofthe Federalists, by surprise. Mr. Higginshadnoproblem withDr. Jefferies appearance. He also agreed with student groups' useofstudent activities fees to pay forhis speech. Yet,Mr. Higgins expected morecontroversy, even possiblerioting. This, fortunately, never materialized. Ofallthestudentslspoketo,DanHarris, IL, had the most interesting reaction to Dr. Jefferies speaking at ÜB. Mr. Harris statedthat before Dr. Jefferies came to speak, he was against his coming. He thoughtthere would be riots because ofthe controversy between Jewishand Blackstudents. He thoughtDr. Jefferies would incite trouble. He even was concerned over a possible protest from the Jewish Defense League. Yet, Mr. Harris changed his opinion after Dr. Jefferies spoke. While he believed that the speech still had somewhat ofa antiSemitic undertone, hefelt that Dr. Jefferieshas a grossly exaggeratedreputation. Hebelieved that he was hasty in judging Dr. Jefferies. From the speech, Mr. Harris noted the idea that Jews and Blacks have similar enemies and that they should work together against such hate groups as the Nazisand the XXX. However, he wisedthat ifan individual Jewish person did something wrong that Dr. Jefferiesreferto the individual, and not speak ofa single occurrence as applying to all Jewish people Mr Harrisbelieves thatstudentgroups have a duty to bring in speakers to encourage peace. He realizes' that there are problems today between Blackand Jewish people. However,he wouldlike to learn how wecan all work agree. Yet, if it is so that people can hearhis message, learnand benefit from it, and have beneficialdebate onit,then I fully standbehind and applaud all efforts to bring the speaker on campus. As to Dr. Jefferies actual messageand writings, I offer no comment at this time. I knew verylittleofhimbeforehe spokehere, hi the interimbetweenhis speech and now, I have read some articles on him and one of his speeches verbatim. Yet, I do not believe in speaking or commenting on that which I am not, at least, fundamentally familiar with. I shall not make a judgment on Dr. Jefferies based onrumors or conjecture alone. I shall close by offering this idea. Dr. Jefferies has every right to raise the issueswhich heclaims he wishes toraise. Yet,these issues should not be used to incite or divide people. Rather, they should be used inorderthatpeoplecanlearnof their existence, debate on the problems, and learnhow wecan workand live together, as a whole, to solve the problems. We need to remember thedream MartinLuther King had. A dream to make the world a better place for people to live in. Thereis only oneway we can make this dream a reality- ifeveryone, Jewish people. Black people, and White people,work together as a whole, recognizing our differencesand making them our strengths. ...Mugel continued frontpage 3 bank,which was also the selleroftheproperty, in exchangefor a cancellationofthe mortgage. The taxpayer thenrepurchasedtheproperty for fair market value from the bank. The fair market value repurchase price was less than the original mortgage value. The first issue facing the court is whether the difference between thefairmarketvalue repurchase price and the original mortgage qualifies as debt discharge income or a purchase price adjustment. The second issue is whether the taxpayer can claim a depreciation deduction whenthe fair marketvalue ofthe depreciated property falls before theoutstanding recourse mortgage. U.B. Law School is represented by two teams. Mike JovntandRob Sardegnacomprise one team,and MahindraMarahaj and Anthony Fumerelle comprise the other. The competition culminates Saturday night at an awards banquet, wherethe winners will befeted anda splendid time will be had by all. So check outthe scheduleand come on down to the competition. It is sure to be informative and fun,andyoucancheeronour competitors as wellas meet people from other law schools. Mugel Com petition Schedule - Preliminary Rounds Thursday, Marchsth &Friday, March6thfrom 6:00 & 8:00 p.m. each day in the City Court Building, (Delaware & WestEagle). Semi-Final Round - Saturday, March 7th at 11:00 a.m., Rooms 106 & 107 UB Law School, O'Brian Hall. Final Round Saturday, March 7th at2:3op.m., MootCourtßoom inUB Law School, O'Brian Hall - ...Jessup continued frompage 3 a Honorable Mention Award for hisoralpre- sentation. Again the team was rather surprised at thejudging. The Ist PlaceOralist Award went together and makeMartinLuther King'sdream toa student from Case Western whose performance they felt although eloquent, lacked come true. I, myself,as a student strongly supported much substance. All the members ofthe team found the Dr. Jefferies' right to come speak at ÜB. I further support theuse, by a student group,of experiencea wonderful opportunity for develstudent activities fees to bring in, what many oping oratory and legal writing skills. The people believe to be a controversial speaker. Jessup Moot Court team willspend muchofthe However, my onlyconcern is that ofthereason remaining school year judging the Fasken for bringing in thehighly controversial speaker. Campbell Godfrey Moot Court Competition If the reason for doing so is just to cause for first-year law students which takes place this Spring. controversy and create publicity, then I dis10 The Opinion March 3,1992 Race, Poverty and Death by Gretchen Stork In onecase in northern Georgia, with a white victim and a black defendant, therewas evidence thatfour ofthe twelve jurorsbelieved the Ku Klux Klan did good things. Three thought blackswere geneticallypredisposed to commit crimes. The judge and prosecutor called the defendant Stevenson worked summers in capital litigationand had the experience oftalking to people on deathrow whohadnever spoken toa lawyer in their years on therow. Hewasstruckthen by how arbitrary the death penalty is, handed outo verwhelmingly to the poor, and mostly to poorminority group members. '' Capital punishment is synonymous withracial bigotry," Stevenson said, explainedhow Worse, the defense attorney himself said blacks were uneducated and did not make good - teachers, but good basketballplayers. race was writtendi reedy into the old criminal codes inthe Circuit justaffirmed Southern states. The this sentence, and in system made it a six months this man capital crime for a will have an execublack man to rape a tion date," said white woman, but Bryan Stevenson. there was no law at Thehorror thatis the all against the rape death penalty inthis ofablack womanby country becamereal a white man. "The Thursday eveningas double standards in Stevenson, Director the law are very of the Alabama much the profile of Capital Representathe deathpenalty in Resource Center, spoke to shocked law this country, and of course, the extra-legal ;ntsonrace,poverty,andthedeath penalty. lynchingswhicharepartofour racial history," He told of one 16 year old mentally he said. ' 'And there really hasn't been the lired girlon deathrow. She waspregnant change people would expect. We eliminated alocalairman'sbaby whenhelefther. She the Codes, but the thinking behind the Codes freaked out, aborted thebaby, and withanother continues." man,killedthemanwhohadrejectedher. Both Between 1930and 1972,when the Sushe and the man were sentenced to death. But premeCourtfoundthe deathpenalty asadminshe had no prior record, and, not knowing the istered to be unconstitutional, 88 percent of system, wentto trialand was sentenced to the those executed for rape were black men, and electric chair. Her criminal partner had a 100percent ofthe victims were white women, record and knew the system well enough to although the incidence ofrape against black guilty. He testifiedagainst herand gota women was at least twice as high as against sentence. She met her lawyer twice before the Stevenson pointed to threecases as be, which lasted less than 15 hours. The ing seminalin understanding the death penalty #tt<Hßsy<put;anrK> mitigating evidence, absointhis country. ThefirstwasFurman Georlutely necessary in such a case. Her appeals gia, in 1972,wherethe SupremeCourt said the brief had three case citations. death penalty was employed in a discriminaAnyone ofyou in this room would pro- tory arbitrary manner, though itdidnot overrule vide betterrepresentation simply because you it on racial grounds. The state legislatures care," Stevenson said. He isa gentleand softcame back withprocedural safeguards'' despoken man whoaddressed the subject with signed to get around Furman. barely contained indignation. From Harvard In Gregg v Georgia,the Courtapproved Law School,' 'that led me back into the deep Georgia's schemeofcapital punishment, saySouth, where ithas been an interesting and not ing without evidence to prove the "guided always happy experience to stand with death discretion''statuesdiscriminatory,withwould row prisoners, themost despised people.'' notpresumetherewasacorrelation withracial None ofthe obstacles facing criminal disparities. defendants are as intense as those caused by At this point, "folks like me started racial bias, he continued. During law school, K Kd v. .. J}BEtbaa±JiuBdcnriad:page Dark Marbles Shine in Rolling Performance byKevin P. Collins, Staff Writer Imagine, ifyou will, a single note, emitting from a guitar, stretching out across the stageovertheheadsofthe audience and lingering at the too of the audience, taunting and tantalizing your ears, suddenlyreaching inside of you and drawing your attention quickly aero ss theaudience, up on to the stageand back way ticket to the West Coast. Not to fear, though, for Yod found a replacement from Section 1 ofthe first yearclass, Captain Kirk, who played a great bass andsang two kicking leads. Theband also had anew edition, expanding from a three-piece to a foursome. That addition was on the keyboards, Kirk's wife, DizzyMissLizzie. Shegavethebandasharper, to the very same guitar from whenceit came. I did not have to imagine, for my attention was drawn to the guitarofYod Crewsy of yet fuller sound inagoodperformance. TheDarkMarblesplayedoveran hour's the "Dark Marbles." The band performed a live,midnightshowonSaturday,February22, at the Cabaret, located at 255 Franklin Street in downtown Buffalo. The performance lasted overanhouruntil 1 15 am. Sunday morning. A number oflaw students, especially first years from Section 3, turned out to hear Yodand the Dark Marbles. You may recall theDark Marbles from my last article on them in the November 25, 1991 issue ofThe Opinion. At that time, Yod was reported wandering the halls in search of his Civ.Pro. class. Now, he is doing extensive research on the ski slopes. In any event, when we lastheardfrom the Dark Marbles, theirbass player hadleft town withhigh hopesand aone- worthofsolid,rocking music. Kierk opened the seton lead vocalsand createdthemood for the rest ofthenight with ariveting performance of '' Strychnine.'' Then Yodcame tolife. Cheered on by a chorus of his loyal followers, Yod performedhis magic on guitar. His best number came whenhe switchedfrom hisRickenbacker guitar toa 12-stringVox on his original song, ' 'Open-EndedLeft HandedWorld.''The drummer, Dark Dave, cameoutandplayed with the wholebandonagreatrenditionof "3,6,9 the oldABC School House song. It wasagreat way to close the set as Paul's guitar and Dave's drums played great together and could well have played all night long. Stay tunedfor where the Dark Marbles mayroll inconcert next near you. �13 SILENT PLEDGE WEEK FOR BPILP LAW RE VU E . Showcase your talents! Can you sing,dance, act, dostand-up comedy, play amusical instrument, impersonate aprofessor, orjugglewhile ina ' . • Uwßevueisthatrareopportunity toryoutoimpressyourhiturecolleagues with any talent, skill, or lack thereof in a social, non-legal -6 (not to beconfused with Ulegal)atmosphere. Startworkingonyourskits,acts,or otherperformancesnowlllllDontwaste yourspring break! Law RevuewiUbeheidiniate April at a place to be later determined sponsoredby the SBA. DON'T MISS IT! - ...Death continued frompreviouspage evaluating and collecting evidence," said Stevenson. A University of lowa study in Georgia found the new statutes resulted in grave disparities, with blacks eleven times more likely to get the deathpenalty in Georgia in acase involving a white victim. Comparatively, S'.jvensonsaid, thesmoking warning on packages ofcigarettes isrooted inthe statistic thatpeople whosmokeapack adayhave a 2.2 higher chance ofdeveloping lung cancerthan non-smokers, soeleven percent is"very powerful." The evidence ofracial disparity was presented formally to theCourt inMcKleskey v. Kemp in 1987. The Court however,.was difrerentinl9B7thanitwasinl972. And while it acknowledged the evidence was valid, it foundtheracialbiasclaiminsufficient. Worse, Justice Powell wrote that ifrace was recognized in this context it was only a matter of time before racial bias was brought up as an issue in the contextofothercriminalprosecutions. JusticeBrennan characterized this sentiment as " the fearof too much justice." Worse, in Bryan Stevenson's mind, is thatthe Court statedthat a certain amount of discriminationbased on race isinevitable. ' 'That wasdevastating forme and very painful. 1 had thought about anti-discrimination law and where I come from," he said. "Where I grew up (in southern Delaware) blackscouldn'tgoto thepublic school. Ifyou wanted to go to high school, you hadto pay to go to the black school 90 miles away. It took lawyers to come in andenforce Brown." The Court in 1954, he said,could have Program (BPILP) is holdinga silentpledge weekduringMarch 2-6. This is being offered to those SearsLawl ibrary without thehassle wishtopledgeordonalebeioretheßPlLPbeginsitsannualdriveinfrontoftheCharlesß. studentswho jhe Buffalo Public Interest Law P.A.D. NEWS Theinitiation ceremony fornewmemberstookplaceonThursday,February27th. Comingonboard An alumni initiation was heldfor Peter Illig, who by now is in Hong Kong. AttendingthccerenK)nywereKvoalumni,EricDohertyaiKJßonWinler,aswellastwogucslstTomMexic(),att(>meys Roberto Fernandez and Jose Reyes-Ferriz. Another initiation is scheduled for March, so stand by for further details, FARLYWARNING Anexpeditiontol^kporttoseeP.A.D.alumniandNiagaraCountyProsecutorßonWinterinactionisbeing workedonfor April 26 This the beginning ofa murdertrial; itis hoped that we will begetting an insidelookat things, courtesy of ~. a Ron. Detailsas .Lthis progresses. Thursdaymesmat6:OOp.m.atmeMariiottHappyHoiir.ofhavingagaggleoflawshidentsaround 81-WEEKLY MEETING toobserveyourcharity. Any student wishing to donate willstill beeligible for the various incentive giftsprovidedby the BPILP. ifmteTestedcontactK.JiHßarrorMichaelFreedm anin4l3O-BrianHall INITIATIONCEREMONY wefe Bridget Cu |leil) Vincent Ferrero, JamesLynch, Daniel Harris, and Gary Simpson. ~ . _. — .. ~ Moot Court Tax Competition Mugel.mm The 19th AnnualAlbert R. Mugel Moot CourtTax Competition is due tobegin Thursday, March sth. Spectatorsarewelcometoattend the finalround in the MootCourt Room on March 7 at 2:30 pm. Thecompetition this yearwill include 17teams fromschools in the Mid-Atlanticregion. UB is beingrepresented by twoteams, one comprised ofM ikeJoynt and Rob Sardegna, and the otherofMahindra MarahajandAnthony Fumerelle. said inregard to education what the Court in 1987saidaboutthedeathpenalty."They could have saidunequal is inevitable. But they said, no, it's unconstitutional,and that made it not inevitable, andthat gaveme hope.'' Nowhere else is racial bias sorampant and tolerated as the criminal justice system, Stevenson continued. "It'sbecausewehave this notion that when wetalk about criminal defendants, and especially deathrow inmates, it doesn't matter.' He toldofa judge whor impatientat the end ofthe guiltphase ofa trialand spying the parents ofthe defendant in the back of the courtroom, said 'Theregoes they niggermom and nigger dad. Let's get them uphere now and savethe state money from calling them.' The appeals court in the case put the issue,andremarks, intoafootnote. "Wewant to admonish state court judges in Florida to , avoid theappearance ofimpropriety '.read the footnote. "Asportscasterornewscasterwouldbe fired forremarks like that,'' Stevenson noted unbelievingly. "But because ourjudges are doling out justice to poorpeople and AfricanAmericans, it's tolerated." And the bias is devastating to communities also, he said. In jury selection in the south, most prosecutors strike all the black jurorsright away. "There are counties where no blackshave everserved on a jury in Alabama," he said. As for the Boston rule, which said using peremptory strikesagainst blacks without a nondiscriminatory reason, Stevenson said the case has merely' 'addedhumor to jury selection.'' In one recent case, theprosecutor struck nine often black people in the jury pool. The non-discriminatoryreason? Because she wore glasses, he didn't think she would beable to concentrate. Another juror was struck because he had been dischargedfrom thearmy in an oddrather than even numbered year. Still another said he was a Mason and was let go because the prosecutor didn' t trustmembers of Masonic lodges. Told the juror was a bricklayer, the Judge stillhad no problemwith the prosecutor's reasoning. And in yetanother case, the prosecution dividedthe jurypool of one hundred into 25 strong, 25 medium, 25 weak, 25 black. "When we presented the evidence the state didn't object- no one had a sense it wasa threattotheirability to dispense justice,and that's led to the place where we are now, a bad state," said Stevenson. "Wehavedevelopedtheideait'sOKto discriminateagainst people who arehated and rejected. As attorneys, it's time to challenge that idea, "he said. "MartinLuther King said racism anywhere is racism everywhere." Blackpeople havemade up 75 percent ofthose executed inthelastfour years and 66 percent ofcrime victims,but only 13 percent ofvictims in death cases. "It willtake a vision ofjustice to deal withthese problems. Ifwe'regoingtogetout ofthis, weneed peoplewith not onlyideas in , their minds but vision in their hearts ', he continuedwithunderstated passion. "It'snot something you shoulddo,butsomething you have to do." Anyone goinginto thiswork can make a great difference, Stevenson said. "It'sastounding. Iremember dealing withakid on deathrow and thinking, I don'tknow howI got here, but I feel I can make a difference.'' He also addressed the policies ofthe U.S. inrelation to the rest ofthe world, most ofwhich eliminatedthe deathpenalty by the mid-70s. ' 'There are five countries in the world which allow juveniles to be executed," he said.Heremembered a 15-year-oldclient, put on deathrow through afelony murderconviction. "Iwantedtosay, ifyou'djust beenborn in Iran,or Libya, orSouth Africa, orRussia, you'dbeprotected,butnotinAlabania. It'sthe samewith the mentally retarded. Soourdeath penalty populations are dominatedby the severely mentally handicapped. * * And Stevensonspoke ofthelargecommitment needed to battlethe injustice ofthe system. "Ithinktherearetimeswhenyouhave tohavesomethingbesidesajobtitletodowork ,. thatneeds to be done. You needvision. He described spending thefinal 1Sminutesoflife with one client, holding his hand while the state shaved him. "Itwas so surreal. It took some visionofsomething better, and itcan get you through and allow you to change things otherpeople say can't be changed Youhave to believe inthings you never see, withregard to poor people, medical care, or anything to makea more justsociety.'' Asked what he says to his clients, Stevenson stressed the value of each human being, whichis whathe needs to understand in ordertoconvey to the juryhowtheclient came tobeinthesituationhenowfoundhimself. " I keep waiting to meet aclient whose life has no value." NEXT FOR OPINION : THE March Friday, LAW STUDENTS INVITEDTO PARTYWITH ALUMNI UB Law Alumni Association invitesall current law students to attend a cocktail party with the Graduates oftheLast Decade (The GOLD Group) on Thursday, March 26 from 5 p.m. to 8 p.m., at Garcia's Irish Pub, 74 Pearl Street, in Downtown Buffalo. Pizza, wings, and hors d'oeuvres will be served continuously, and a cashbar will beavailable. Cost is $6 in advance and $7 at the door. Ifinterested, RSVP by March 23 to the UBLaw Alumni Office in318 O'Brian Hall, Amherst Campus 14260or callIlene Fleischmann at 636-2107 for more information. Hosts ofthis soiree are the GOLD Group Steering Committee: Catherine T. Wettleaufer '85, Chair and William C. Altreuter '82, Mary C. Baumgarten '89, Michael J. Biehler '88, Richards. Binko '82, Robert L. Boreanaz '89, Mark E. Brand '88, Margaret R. Burke '86, Elena Cacavas '85, Joan E. Casilio '87, Lynn A. Clarke '83, GeorgeW. Collins Jr. '84, Douglas W. Dimtroff '89, Paula M. Eade '90, JohnP. Feroleto '82, Richard A. Galbo '84, Andrew C. Hilton, 111 '84, Edward J. Jozwiak 111 '88, Kathleen M. Kaczor '89, Richard P. Krieger '90, Edward J. Markarian '85, Hugh M. Russ, 111 '87, Susan W. Schoepperle '88, andKevin T. Stacker'9o. March 3,1992 DEADLINE 20, 1992 SPRING BREAK INFO Good News: CUuesEed Match 7 Bad News: Classes Resume Monday, March 16 The OplnkHi 11 �BAR REVIEW BULLETIN SPRING SEMESTER DISCOUNTS 63*1992 AND 1993 GRADUATES Registration fee of $75 = Discounted tuition of $1195 01994 GRADUATES Registration fee of $75 = Discounted tuition of $1095 •��DISCOUNT DEADLINE TO BE j NOTE: Full tuition for the New York course is $1325 MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM (MPRE) OEXAM DATE: Friday, March 13th IV\ W\ APPLICATION POSTMARK DEADLINE: Friday, February 14th BAR/BRI MPRE LECTURE NEW YORK CITY (LIVE PRESENTATION) DATE: Sunday, March Ist PLACE: Ramada Hotel at Madison Square Garden TIME: 11AM to 3PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - NEW YORK PRACTICE & PROCEDURE MINI-REVIEW Hn NEW YORK CITY (LIVE PRESENTATION) DATE: Saturday, March 7th PLACE: Ramada Hotel at Madison Square Garden TIME: 10AM to 4PM NEW YORK CITY (VIDEOTAPE PRESENTATION) 0* OUTSIDE DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - For more Information, stop by the BAR/BRI table at your law school or call the BAR/BRI office at (800)472-8899. mm Mmmmmmmmmmm:^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-03-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/3/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6e456a1df4d038330e0a4f03fa0a6cb1.pdf fe25f6faa97029f6d62bda83039b40b9 PDF Text Text THE OPINION Volume 32, No. 14 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 24,1992 Exclusive Interview with Senator Eugene McCarthy by W.F. Trezevant, Staff Writer Contrary topopular beliefthereare more thantwocandidates campaigning forthe Democratic nomination and the honor oftackling George Bush in this year's Presidential electioninNovember. In feet, the manwhoknocked thenPresident Johnson out ofthe 1968 Presidentialelection is at it again. Former Senator Eugene McCarthy, in an interview Saturday, March2l .afterthe WesternNew York DemocraticPresidentialForum, commented thathis mission is to "raise the [real] issues.'' Continuing, hecharged," [tjheothercandidates' positionsare not very substantial. TheyfAgran, Brown, andClinton] are misleading theAmericanpeople bydiscussing savings [through cuttingthe defensebudget] which can'tbe done. The other candidates are only addressing a small piece ofthe problem.'' Senator McCarthy, at 75, iscampaigning strongly againstwhathe seesas the, "loss ofcontrol [by America] ofourforeignpolicy, domestic economy, financial system and our border." Echoingathemeheusedearlierinthe Presidential Forum, SenatorMcCarthy stated, '' Ournation hasmoved from sovereigntyand independence to neo-colonialism." Incorporating his historic 1968campaign against sitting President Johnson, he commented, "the point isthat we have toremember that wecan challenge a sitting President... and change our society." Citing the changing times we live in, Senator McCarthyrepeated that Clinton and Brown arerunning aone-sided campaign, focusing onlyonthe domesticissues. Heconuhued, charging that Clintonand Brown are ignoring foreign policy because they lack experience. 'TannouncedlastOctoberbecauselsaw a need to meet the best opening in foreign policy... and the present field ofDemocratic candidates lacked foreign policy experience. I gave essentially the same speech as Richard Nixon [had given two weeks ago], two years ago, sendingacopy to theNew YorkTimes.'' Senator McCarthy then went on to address a widerange ofissues. On the subject of taxes: "... I have a modest proposal ofa 10% levy on those who control 70% to 80% ofour nation's wealth. We should do this until the National Debt is paid off, which is about $4 trillion. Otherwise, weeachowes4o,oooplus an additional $2000 each yearfor interest.'' "... We should have a force out' of capital gains. We tax people on the capital gainswhen they are dead,so whynot whenthey are alive." "...Weshould returntoaprogressivetax code. Ourtaxcodebeforeßeaganwasprogressive. Under Reagan, the whole thing was destroyed..." Responding to the argumentthat aprogressive taxcodeactsasa disincentive to work, Senator McCarthy quipped," [that is] not so, but wetax them untilthey havenothing and have to work." On the subject ofthe economy and im- grow." President Greiner praisedDean Filvaroff for the talent he brought tohis post,' 'Anyone in alaw schooldeanship mv st confrontand deal gracefully with difficult issues. Sincecoming to ÜB, David has ridden out a few storms and pulled offsome important coups. He's done JessupTeam Makes Semi-Finals by Natalie Lesh, Business Manager For the first time in the history ofUB Law School, the Jessup International Moot Court team has been invited to the Jessup World Cup Competition. The UB Regional Jessup team, which consistsofPeter Grubea, DanDeßosso.TomCannavo.andHankNowak, toWashington, D.C. thisweekend "Our economy is fundamentally mis- will travel in order to compete in the nine-day event. aligned. We'vemovedfromamanufacturing More thanfifty countries from around basedeconomy toapaper based economy." the world will participate next week in the ' ports: 'The countries we defend should pay thedefense costs. Weshouldputadury onthe imports, just enough to make it fair for our companies...keeping manufacturing jobshere. Youknowprotectionismisnothingnew. The Warof 1812wasaprotectionistwar. Thomas Jefferson was a protectionist. In fact, he encouraged people tobuy Americaneventhough it cost more because it's worth it to keep jobs Dean Filvaroff Resigns byJohnß.Licata, Editor-in-Chief Effective July 1,1992,Dean B. David Filvaroff will step down from the helmat UB Law and assume the duties of a full-time professoroflaw. Dean Filvaroffannouncedhis plans toresign in aletter to President Greiner datedFebruary2B,l992. Provost Levy (acting) has set no definitiveplans for a Dean Search Committee but he hopes to "have it more inclusive than exclusive" when it comes to student input. Dean Filvaroff acknowledged having ' 'mixedemotions'' aboutresigning hisadministrative post but cited the many strengths of the schooland had confidence thatfutureproblems would be solvedwiselyby the incoming administrator. ' 'My successor will beable to buildupon the many important strengthsofthe school: asuperb faculty, wellrecognized and widely respected for its scholarship and the quality ofits teaching; an excellent and diverse student body composed ofvery bright, able menand women committedto theeducational process and to the highest ideals ofthe profession; a talented and efficientadministrative and support staffwhose contributions have been and are key to the school's successes; and, significantly, a strong and active alumni association and loyal general alumni, whose firmsupport ofthe school continues to at home. Additionally, supportingAmerican said] you deal withfamily, values,and educagoodssupporthumanrights. Thereasonwe've tion, enhancing the social structure of our witnessed the internationalization oflabor is society, but thereare really no solutions. Anbecause the health, safety, and environmental other way to attack theproblemis byproviding standards ofothercountries arenon-existent or employment for Americans. We could, for minimal at best. We've let the needs of example,reduce theworkday from eight to six capitalism become tantamount to demands of hours leaving more time for family and children." gods." On the subject ofthe election process ' 'The othercandidates economic programsare good,but they wereappropriate for and the othercandidates: oureconomy in 1976. Things are much more ' 'Tsongas isjust avictim ofthe money complexnow. The otherguys are misleading it takes torun for office. The process in 1968 the American people by promising thingsthat wasdifferent. Now it'snot so good." can't bedone. Their plans have norelevance ' 'The problem withpolitics is not corto issues like the balance oftrade. ruption, but today's stupidity. Politics should Onthe subject ofcrimeand drugs: bewide-open withnolimits oncontributions in '' Yes, [like the other candidates have ...McCarthy continued onpg 9 International Semi-Final Rounds ofthe Jessup WorldCup Competition, thelargest and most prestigiousmootcourtcompetitionintheworld. Some of the countries represented include England, France, Germany, Singapore, Austraiha, Zimbabwe, Saudi Arabia, The Netherlands, Pakistan, Nigeria,India, Japan, China, Bangladesh, Botswana, Egypt, Israel, Malasia,Morocco,Turkey,andUganda. The UB team, along with fifteen other teams from variousregions, will be jointly representing the United States. Theroad to Washington is a long oneand few teams survive. At ÜB, more than forty people competed for the four spots on the Regional Jessup team. Once chosen, Grubea, Deßosso, Cannavo, and Nowak, travelled to Akron, Ohio where theyrepresented the Uni- versityofßuffalo in theNorthern Mid-Western Regional Competition. Duringthis three-day competition, UB argued against four ofthe twelveteamsfromtheirregion. Attheconclusion ofthe competition, theUB team's scores werethe best in theregion, qualifying themto advancetotheWorldCup. Meanwhile,more than 175 other teams were competing in other regions throughout the United States- only fifteen would advance to the World Cup with the UB team. At die JessupWorld CupCompelition, the teams willargue in front ofjudges fromall over the world. Theforum is the International Court of Justice (ICJ). For US teams, this meansthattheadversarial system which they are used to willhave to beforgotten. Instead, theirmethodand style willhave to conform to the inquisatorial system of the ICJ, which requires morethoughtfulanalysis and sophisticated argumentation than the US system. Last year, Austrialia beat Singapore in the finals. The UB team willbe able to compete in the world-widecompetition thanks to financing from theLaw School as well as fromagrant from theFord Foundation which was procured by international law ProfessorVirginia Leary. SBA Candidates Address Issues exceptional work.'' Before coming to UB Dean Filvaroff was a professor of law at the University of Texas at Austin. He has served as senior advisor to the U.S. delegation to the Conference on Security and Cooperation in Europe (CSCE) and laterservedasco-chiefoftheU.S. delegationto afollow-up meeting oftheCSCE, the 35-nationconference establishedto assess progress underthe 1975 Helsinki Accord. He served in the 1960sas a law clerk to U.S. Supreme Court Justices Felix Frankfurter and ArthurGoldberg, as generalcounsel to the President'scouncilonEqual Opportunity and as a special assistant to the U.S. attorney general. A graduate ofthe University ofWisconsin, Filvaroffgraduated magna cum laudc from the Harvard lawSchool in 1958. by SaultanH. Baptiste,; NewsEditor Campaign '92 has come to UB law, but Clintonand Buchanan won'tbe in attendance. Yesterday, the Student Bar Association (SBA sponsoreditsown' 'Meet The Candidates'' forum for studentsseeking to enter the arena ofUB politics. Although theattendancereached only a maximum of 30 students, the 2 1/2 hour debate was full ofprobing issuesregardingthefutureofUB Law School. Michael Radjavitch lead off the candidates for SBAPresident witha series ofsuggestions to deal withproblems at ÜB. AsacurrentmemberofSßA'sßudgetCommittee, Radjavitch said he plans to cut club budgets because "the money simply isn't there.'' He did, however, suggest that SBA enlarge their unallocated reserve budget so thatSBA canrespond to special event needs o 1 student organizations. Radjavitch vehementlyexpressed the need for a national search for a new dean,as opposed to thecurrentplanunder consideration tohavearegionalsearch. HesaidthenewDean will be important because he willcarry UB into the 21 st century. Radjavitch also expressed concern over the proposed reduction in the entering class which wouldresult intheelimination of a complete first year section of ..Candidates, continued onpage 3 Highlights Kenyatta Memorial Candidate Statements SBA: Up Close & Personal From The Cheap Seats The Docket 3 6 & 7 8 9 II , �BKSH DO YOURSELF JUSTICE Study with Pieper...and 1 Iw J V*y pf, 1 ' i'W"'i..n. i.. j _— "S.J pass. r"~— V-—. PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 EPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller c IS �..Candidates ,contimiedfrontpage 1 approximately 90 students. The proposal is tioned that the law school docs not provide expected to be institutedasearly as Fall, 1993. law students withan advisor as at other law He said "that downsizing the university is a schools. He also said that he heard,'' second bad move," and he is concerned about the hand, that theselectionofan interim dean has impact of"class reduction will have on probeen taken out of the hands of the entire grams such as Legal Methods. faculty and is now in the hands of a small William Trezevant began by introcommittee headed by Professor John Schlegel ducinghimselfas "the guy withall the signs." and hisclosest associates.'' Radjavitch says Trezevant said his campaign represents the that one ofthe problems at UB is thatthese seriousness with which he takes the issues UB typesof' 'cliques'' controlwhat actually goes has to face. In addition to mentioning the onatUß. importance ofselecting an interimandpermaTrezevantagreed that cohesiveness nentdean, Trezevant citedtheMarch23,l992 isa problem, however he sawan answer with issue of U.S. News & World Report which the current Research & Writing Program. reflected adowngradingofUßLaw'snational Trezevant proposed that the faculty in the ranking. The news magazine, whichranked current program serveas advisors where stu175accredited law schools,ranked UB as 73/ dentscan get academic and career guidance 175 in it' sreputation as ranked by academics, andrecommendations, ifnecessary. Healso but 138/175 in itsreputation ranked by lawyers expressedthe importance ofhav ing anongoandjudges ing relationship with the faculty. Trezevant also attacked the' 'RainWhen asked abouttheSßA'srole in bow Party" (consisting ofMichaelRadjavitch, improving ÜB's image on a national level, HankNowak, Kevin Collinsand BridgetCullen) bothcandidates agreedthata greater commitby saying that" they say they have a spectrum ment should be madeto programs which exofissues, but I have not seenthem.'' Healso tend outside the walls ofthe university such accused the "Party" of having a "guerilla, as Jessupand DesmondMoot CourtCompetistealthcampaign and said it was' 'indicative tionsand lawreviews and journals. ofhow they willrun student government Hank Nowak gave ashort statement He differed with Radjavitch on the regarding his desire tobe SBA VicePresident. issue ofthe extent ofthe search foranew Dean. Running unopposed, Nowak did not discuss He said, "I don'tthinkaregional search should any student issues during his initial statebewritten off.'' He felt aregional candidate ment. He said he sees hisrole "to bedefined couldaddress theneeds ofthestudent bodyand by the new president.'' He expressed a willrepresent a commitment to ÜB. ingness to work witheitherpresidential canTrezevant also proposed aCouncil of didate and he hopes to play an active role Presidents "consisting ofthe presidents or duringhis tenure. representatives ofUB law clubs to serve as a Kevin Collins, candidate for SBA clearinghouse ofinformation and promote Treasurer, said he "believes ineffective [stuclub interaction. Trezevant proposed thatthis dent]representation" and sees hislaw school Council should have "some degreeofvoting extracurricular and employmentrelated expower on the SBA.'' Although the othercanperience as skills which willassist him as an didatesagreed withthe conceptofaCouncil of advocate for students. He suggested, thatas Presidents, they expressed problems withal- Treasurer, hewouldestablishan independent iowingthe proposedbody to havevotingprivibudget for guest speakerswhichw< mid be paid leges. to clubs whenthe speaker actually comes to When thefloor opened to questions, ÜB. issues concentrated on faculty cohesiveness Hischallenger, Stephen l.cc,gavea and the future ofUB law. Radjavitch agreed brief statement saying that diversity should that there is no true connection between the be reflected on the SBA executive Commitlaw school faculty and the students. He mentee and he simply provides that alternative. Law School May Reduce FirstYear Class - byJohnß.Licata, Editor-in Chief There is a spectre haunting SUNYBuffalo. The spectre of New York State budgetary problems. In the face ofsevere fiscal shortages, UB is searching formethods tocombat the inevitable money crunch. An alternative that has many law students concerned is one to reduce the size ofUB Law School byone-thirdofthestudentbody. The elements surrounding the decision are stillnebulous at best, leaving many ofthefaculty, staffand students wondering about the seriousness ofthe financial conditionofSUN V Central. The factors that must be accounted for in such a delicate calculuspreclude any changes from occurring before the 1993-94 academic year. ' 'Given the extent ofthe budgetary problems,and the hard timesahead, it would be irresponsible, and an abdication of good management,notto surveyalloptions. That is our challenge, while maintaining the integrityand thequalityoftheprogram," said Dean Filvaroff. An obvious consideration is theimpact upon the Legal Methods Program (LMP) and therole that suchdrastic down sizing will have on the educational experience at the law school. LMP could be reduced to keep pace with the overall student pi ipulationofthelaw school. Thatreduction instudent population could interferewiththeproductivity ofBI SA, LALSA and other studentorganizations. While the downsizing could have a positive effect on education in the area of professor-student ratio, itwould have a considerable economic effect on the campus in the loss ofapproximately $500,000 in revenues. ' 'This isanoutline ofouroptions without makingjudgmentsas to which ones ought tobeadopted. It'saprleminaryassessmentof potential benefitsand costs," explained Dean Filvaroff. Also running unopposed, Bridget Cullen said thatas SBA Secretary, shehoped to "spiceup" theSßAinsuchwaysaspublishing interesting information for students inThe Opinion andreaching out to the community withfundraisers such as car washesand candy sales. Also presented at the forum was a presentation from the two candidates for the Student Representative position on the University Counsel. TheUniversity Council consists of one student and nine Governor-appointedrepresentatives fromtheBuffalo community. Thiscouncil voteson university-wide issues such as building construction, school safety and parking governor. Michael Cross, who wasrepresented by his sister Sandy Cross,is currently agraduate student at UB and has been active in numerous extracurricularand administrative activities at ÜB. He plans to pursue a career inuniversity studies and workfor students ina professional capacity. Candidate JonLoew, a 3rdyear psychology majorat ÜB, called for' 'a shifting of the University's priorities back to the students .'' Loew claimed that studentshave been put at the bottom ofthe totem pole. He cited problems such as classregistrationand administrative mismanagement of24,000 parking permits for only 12,000parking spaces as an example ofthe university' smisallocated priorities. Current SBA President, Brian Madrazo, saidhewaspleasedwith thestudent turn outbutwishedmore had come. Hefound the questions ' 'pointed and showed concern among the student body." Hecommented that although previous SBA Presidents have endorsed candidates, he wants to' 'remain neutral to allow a smooth transition of the new officers.'' Madrazo compelled all law students "tospeak to the candidates, find out the issues, and vote." BLSA Dedicates Memorial to Professor Kenyatta by Saultan H. Baptiste, NewsEditor The distinctive sound ofa string quartet filled thecorridorsofO'BrianHallonMarch 2,1992 as a large crowd of students and faculty gathered around the second floor picture window to commemorate amemorial plaque inhonorofProfessor Muhammad Isaiah Kenyatta. Prof.Kenyattadiedon January 3,1992 due to complications fromhislong struggle with diabetes. Cheryl Gandy, Community Liaison for ÜB's Black Law Students Association (BLSA), began the midday event with a reflection ofthe distinctivelifeofProf. Kenyatta. She explainedthat displayingthe memorialplaque was' 'the best way to honor his memory sothat all students whoenter the halls ofUB willknow of[his] legacy.'' Prof. KenyattacametoUßLawSchoolin 1988as a visiting associateprofessor. While atUB he taughtConstitutional Law, Race, Racism andthe Law, Democratic Theory and Civil Rights Legal History. However, mostofthe students who spoke at the eventremembered him for the lesson oflove he taught in the classroom. Scott Fisher, a second year law student, mentioned thatProf. Kenyatta's class wasa unique experience. Hesaid, "Kenyatta taught thelaw through interaction in the classroom, not just throughlaw books.'' He commented thatit wasaapproachthat should befollowedby otherlaw professors. Second yearlaw student, Joseph Hughes, expressed his feelings that "ProfKenyatta's example ofhonesty, intellectual integrity, humility, passion for learning, and love for others should be envied only to be emulated.'' He added that Prof Kenyatta has "justly earneda place in the heartsof all those he touched. Heis gone,but never, neverwill hebe forgotten." Professor Charles Carr, a colleague and personal friendofProf. Kenyatta, remarked thatthe true measure ofa friendship withKenyatta lay in the life one leads. Prof. Carrsaid,''ifyouremember to be ofservice to those inneed, you willhave done everything he would haveexpected.'' Prof. Kenyatta'swife, MaryKenyatta, was present to express her thanks on behalfofherfamily forthe tribute to herlate husband. Shewashappy that her husband wasable tohave sucha positive impact on the livesof somany. BLSAPresident, Erika Raymond, endedthe event with a ceremonial heros tribute by leading all inattendance inplacing rose petalsaround the memorial. Following the ceremony,a reception washeld in thelaw schoolstudent lounge. Theplaqueiscurrently displayed in theCharles B. Sears law libraryand will bepermanendy exhibited on the2ndFloorofO'Brian Hall. Raymond said that BLSA decided tohonor Prof. Kenyatta because they felt he was a prominent force at UBLaw anddiat this memorial represents the impact he had on UB law students and faculty. She said,''Wewill be leav ing law schooland we wanted to leave somethingforfuture students to ask 'Who was MuhammadKenyatta?' and learn ofthe legacy he has left for all to follow." "This is the best way to honor his memory so that all students who enter the halls of UB will know of [his] legacy." Cheryl Gandy, BLSA Community Liaison To further memorialize the life ofProf. Kenyatta, BLSA, the Student Bar Association, the National Lawyers Guild, and several other organizations, have established a Muhammad I. Kenyatta Memorial Scholarship. To raise funds for the scholarship, theseorganizations are sponsoring aparry at Mulligan's Night Clubon March 26,1992. See rAgOoctotpagelDforadditional information. March 24,1992 The Opinion 3 �tSm ePTNTON March 24,1992 Volume 32, No. 14 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Layout Editor: Vito A.Roman Michael Radjavitch Photography Editor: StaffWriters: Kevin P. Collins, W.F. Trezevant, SrikantRamaswami Photographers: Paul Roalsvig Contributors: Joe Antonecchia, JoiCary, Bill Kennedy, Brian Madrazo, Scott Rudnick Renee Walner Editorial Theroller coaster that weknow as the 1 99 1-92 academic year has gone into yet another corkscrewturn withtheresignation ofDean David Filvaroff. Philosophers have long said that adveristy builds character and tests themettle ofindividuals in the moment of crisis. Students at this law school have been building a considerable amount of character within the last few months. The school year started with questions surroundingthe Research and Writing program,rumors about theLegal Methods Program being changed in scope, three law suits involving students or faculty, professorsleaving or "slowing down" and a budgetary freeze preventing the administration from filling the lines left open by faculty that have left for various reasons. Euphemistically, UBLaw School stands at a proverbial crossroads in its heretofore academic alternative existence. To quote Lewis Carroll's Walrus,"Thetimehascometotalkofotherthings." ÜBLaw has long enjoyed a reputation among academics as a center for liberal legal educations while being viewed by lawyers and judgesas a school that generates students of policy and not of practice. The UB Law student is eminently qualified to become a bureaucrat straight off the commencement stage. An opportunity to turn the school in a new direction should not be squanderedby citingbudgetary stringenciesand taking the path of quiet desperation. The law school should take this regular phenomenon of choosing a dean to re-affirm its dedication to public interest law and select an individual from the local bar intent on expanding the clinical programs at this school. This should not be misinterpreted as a call for "black letter" law through the exorcisingofnon-traditional legal education. However, the practical effect this will have on the law student's education is immeasurable. It's impact upon legal aid to the poor could be miraculous. THE OPINION MAILBOX SBA Political Accountability To the Editor: be no greater accountability for any elected official than at the ballot box.and itis forthat reason wewritethis letter. OnMarch 18,1992,the Student Bar AssociationBoard ofDirectors voted to stifle student input into whetherthe SBA should continue funding an outsidelobby organization to the tuneofs3oooperyear. A number oftheDirectorswantedto conduct astudentreferendum concurrentlywiththe Executive Board elections to decide whetherthislarge amount ofmoney should be sent to an organization outside the campus or divided among the law school groups. However, the SBA Board ofDirectors narrowly voted against holding the referendum, and consequently to continue the funding ofthis external organization. IftheSßAhad chosen to alio wthe stin lents to decide,and you had decidedto dc fund this external and peripheral organization, then the SBA could havesavedas muchas $6000. Thismoney would have beenused to offsetrisingadministrative costs innext year'sbudget thereby allowing for greater funding ofstudent groups. So, whenyourfavorite lawschool group hastheirbudgetslashed fornextyear (as nearlyall groupswill), think ofthepeople who votedagainst allowing you to decide. Whovoted against the referendum? MikeRadjavitch (candidate for President), Hank Nowak (candidate forVicePresident), and Kevin Collins (candidate for Treasurer) all votedagainsiconducrtng thereferendum along with theExecutive Board elections. On the otherhand, Stephen Lee, a candidate for Treasurer, voted frjr the referendum so thatthestudentscould decide the issue. Likewise,Bridget Cullen, who isrunning for Secretary, supported the ideaofallowing the students to vote onthe issue. Whatdoyou think? SinceMike,Hank, Kevin and otherswould notaUowyou tovote onwhether youwanted to sendthislarge sum ofmoney offcampus,thenperhaps the only way to send the message is to hold your elected officials accountable. Sincerely, Dan Bildner, Brain Carso, Miro Cizin, Paul Dell, Avery Ellis, Dave Geursten, Norbert Higgins, Marc Hirschfield, Jim Maisano, Kellie Muffoletto, Andy O'Brien, SandraWilliams SBA Reps' Position Clarified The purpose ofthis letter is to explain our votes in the latest SASH ordeal at last Wednesday' s SBA meeting. The SCCPA [sic], namely Jim Maisano, Marc Hirschfield, et aL, have indicatedthat we somehow denied the students their right to vote. We feel that the issue was inaccurately stated and misses the relevant points. Two and one-half yearsago the student body voted, by an overwhelmingmajority, to hire the Student Association of State Universities (SASU) to represent usas a lobbying organization in Albany. SASU was brought to UBlaw school by amotion from Messrs. Maisano and Hirschfield. The cost ofsuchservicewas $2 per student per year,for three years. Atthe end ofthis mutual agreement, anotherreferendum willbe heldto determine whether the law school student body will retain SASU's services. This referendum is currently scheduled forNovemberof 1992. Notwithstanding this agreement, the SBA elected to hold another referendum regarding theretention ofSASU's services last spring. Again, the students votedfullyand fairly to keep SASU as our lobbying arm in Albany by another overwhelming majority. Clearly, thestudents have spoken on the issue. There are two reasons why a SASU referendum must be held everyrhreeyears: first, ...Reps Position, continued on page 10 TANKS FOR THE DONUTS Copyright 1992. The Opinion.SBA. Any reproduction ofmaterialshereinis strictly prohihitedwithoiittheexpressconsentoi'the Editors. The Opinionispublished everytwo weeks during theFallandSpring semesters. Itis thestudentnewspaperoftheStateUniversity ofNew York atBuffaloSchool ofLaw. The views expressed in thispaper are notnecessarily thoseof the RditorsorStatTofTheOpinion. TheOpinionisanon-profitorganization, thirdclass postage enteredatßuffalo.NY. Editorialpolicy ofThe Opinionisdeterminedby theEditors. TheOpinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomes lettersto theeditorbut reserves theright to edit for lengthand libelouscontent. Letters longer thanthree typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates MailtoTheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)636-2147 or placed in law school mailboxes 443 or 512. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the"Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. Duty before pleasure. University at Buffalo AIDS Coalition 4 TheOpfnton March 24,1992 %\j u**^ �One Man's OPINION In D ARRYL McPH ERSON Iwas watching thenews last week, and there was areporter asking peoplewhat they thought of the candidates running for the Presidency of the United States. The responses were typicallypredictable, butwhat one person saidinterested me. rmparaphrasing, but what he basically said was that he expected better qualities from our leaders. What caught my attention about the issue is whatitsuggests aboutpeople and the way we chooseour government. Immediately after I heard the statement, I wondered exactly whoare ourleaders and where dothey come from? Leaders, i.e., politicianselected and appointed, are fundamentally no different from you or I. They breathe, eat, sleep, dream, desire, and fail just like the rest of us. Their morality is susceptible to temptation, and their strength is oris not within themselves toresist it. They have allies and they have enemies, and how they handle bothisa question oftheircharacter. Due to the prestige and power associated with political office, it is naturally attractive to those who wishto exercise their influenceoverpeopleandevents. Themechanism is usually legislative or judicial, and serves to explainthe high number oflawyers in politics. At the same time, the process is expensive and draws in thewealthiermembersofsociety. The upperclass, intellectual community has an advantage when it comes to the bare necessities ofpolitics,though that's not to say they have a stranglehold. The "little people" are nottotally disenfranchised from the political scene, though many times it seems like they are. Especially in times when they havebeentroddenuponthe worse, they findthe strength to lash out and make an impact within the system. The key point is that, despite the bias in the system, everybody is entitled to take part. Our leaders are ourselves. We determinewho they are, when they take office, and usually, when they leave it. The various lackings within George Bush, JerryBrown, Pat Buchanan, and Bill Clinton are within everyone. Presidential candidates can't be perfect, nor would Iexpect themto be. Ifthey were perfect, they wouldn't be running for U.S. President- it's a lousy job. Peoplewho supported Clinton previously no longer dosobecause they question Features Editor his character. The media has played a large part in shaping the public's perception of Clinton, andcould conceivably makeorbreak him. By playing on thelittle idiosyncracies ofany person's life, marriages,andrelationships, the microscope ofthe media makes him look less than perfect. It's regrettable because precious little ofthathas anything to do withthe real issues in the campaign. It' seasy to becomefrustrated orangry with the candidates. The seeming weaknesses and petty squabbling are distractions, fascinating enough to generate heat, but give off very little light. The media may be part ofthe problem, but they usually don't acknowledge it. As faras they're concerned, "average people find politics boring, and it's the little scandals that capture their interests. There seems to be an overwhelming ideathat politics is an exclusive area. It's supposedly not foreverybody. Intermsofthe personality required, thatmay be correct,but fundamentally, everyone can, and should, playapart. I wasn't an SBA Director my first year because I didn't want to be a political person. Now as my tenure as a third year director draws to a close, I can see that the personal requirements ofpolitics can exact a heavy toll. Icontinue to berate myselfthat I actually volunteered torun for the bloody office. I give a lot of credit to "real life" politicians. Theytakealotofheat inpursuit ofany particular office. Part ofthe process nowadays seems to demand that potential political participants survivethe gauntlet. Is it a character builder or a lesson for the future? The worse part about it is that it serves to keep people away from public office. Someonewhosmokedmarijuanahasto justifyhis youthfulactions in order to mo ye forward. Problemswithinamarriageoreven health issues can be turned against acandidate, and they must provethey are worthyto lead the country. I acknowledge that we can't justgive the keys to the White House to justanybody, butbecoming President should be an attainable goalfor any American. No matter what theage, race, sex,orcheck bouncingcapacity ofthe candidate, an American should notbe foreclosed from participating in theprocess. If America is truly the land ofthe free, its citizens should be free to make the occasional mistake. Of Life, Law, Voting & Money byAndrew Baltensperger, Guest Writer W.F. Trezevant, Staff Writer We don't vote in our best interests. Examplesrun from the inequality in distribution ofwealth (dealt with later), decay ofthe infrastructure, loss ofhope in theinner cities, destruction of our environment and failing educationalsystem. Ourmisguidedvoteshave been explainedaway by various authorities in the field ofpolitics, yet the problem persists. The solution was never the complex models developed by the "top " people at the ' 'top" schools around thecountry, but simply choice. Givethe usa choice and we will make the best decision. Wewon't choose the bestof the worst, orthe best ofthe rest, but thebest of the best. Our founding fathers realized this when they did not constitutionalize a twoparty system. The Democratic Presidential Forum held overthe weekend is an exampleof this. unless we have alternatives. Mayor Agran argues, quite forcefully, that all legitimate candidates (determined by having collected a certainnumber ofvoter signatures) shouldbe included in all debates. Thiswouldinchidethewomanwhohad to sit in theaudience as aspectator as opposed to the candidate she is. She is the firstAfrican American and first woman to be on the ballot in every state. This required the monumental taskofcollectingwhatadds up to a millionand ahalfsignaturesnation-wide. Her name is Dr. Lenora Fulani and sheis running as an independentwhileconcurrently fighting for theright to beincluded inthe nationally televised debates along with the major party candidates before the general election. She is right both for her sakeand ours. The hands of the current exclusionary two-party systemhavedehvered scandal after scandaland mess aftermess withthe taxpayers Notwithstanding there-annointmentof always footing the bill. Indeed, the $4 trillion Gov. Clinton as the front runner, heand Gov. dollar national debt, which is going nowhere Brown werejoinedon stage by former Senator but up right now, sends the clearest message to Eugene McCarthy andformer Mayoroflrvine date. It 'sourmoney, why can't we decidefrom afull range of people. It's interesting that we CaliforniaLarry Agran. MayorAgran'sposition on choice is inclusive aswe cannot choose have morechoices for breakfast cereals than Combating Racism is Two-Way Street Commentary by JimMaisano In 1896, Justice Harlan's brilliant dissent in Plessy v. Ferguson set fortha powerful message: "Our Constitution is color-blind. and neitherknowsnortolerates classes among citizens. In respect ofcivilrights, all citizens are equalbeforethelaw.'' Onthestepsofthe Lincoln Memorial in 1963, Dr. MartinLuther King dreamed ofasociety where people "will notbe judgedby thecolor oftheir skin,but the content oftheircharacter." Does ournation still embrace this dream? In Plessy. the highest court in our nation declared that segregation wasconstitutional. We mustbeashamedby this holding as weareby Dred Scott, where slavery was held constitutional. Yet, in Brown v. Board of Education in 1954,the SupremeCourtfinally installed JusticeHarlan' s dissentas thelaw of theland: "In the field ofpublic education the doctrine of' separate but equal' has no place. Separate educational facilities are inherently unequal.. .by thereason ofthesegregation complained of, deprived (the plaintiffs) of the equal protectionofthe laws guaranteedby the Fourteenth Amendment.'' Is the Constitution color-blind and does this country still desire a color-blind Constitution? The answer is no, the Constitution isnolongercolor-blind, but hopefully this principle is still the goal of the American people. Thisnationhasnowprogressedthrough 4 major stages in its treatment of race in constitutional interpretation. In the firststage, slavery wasconstitutionaUy protected, which violated every notion ofmorality,liberty and equality. Abloody warwas foughtand slavery was finally declaredillegal. However, a new evilquickly arrivedon the scene: Segregation. In stage two, segregation allowed laws that provided for separate butequal treatment ofrace. ThankstotheCivilßightsMovement and cases like Brown, we moved into stage three where segregation was abolished and manyAmericans believed thatthe Constitutionwould finally be interpreted color-blind. We are now struggling through stage four, whereracialpreference isagain sanctioned by law, this time favoring minorities. So wewent from white people owning black people, to whitepeoplereceiving racial preference over blackpeople, to a periodwhereall peoplewere toreceive' 'equal protection oflaw,'' to today, where certain ethnic groups receive racial preferenceover others. Is this history consistent, fair and just? These issues wereraised in a recent we doPresidential candidates. It's time we demand to listen to ideas, bold or otherwise, which challenge the currently morally bankrupt condition ofthe nation. Third parties are not communist insurgencies,but rather all that is good and desirable about participatory democracy. Third, Fourth, and Fifth parties need to be given the opportunity to beheard, and wemustreclaim ourright to hearthem. (Representative Penny from Minnesota has introduced a bill which would resolve this issue. The bill is named "Democracy in Presidential Debates") Mandated nationally televised debates, including all legitimate candidates (determined by having collected acertain numberof signatures), would increase our choice and empower the Americanpeople withnew ideas with which to challenge the decline of our country. The taking back ofelections from the wealthy,the dishonest cheap shot artists and the "insiders" whocurrentlyrun ourcountry is the only way to put this government back to workfor the American people. On a related issue, the ever widening gapbetween therich and thepoor isa recipe for disaster. It is yet another indication the morally bankruptand socially oblivious individualswho gave usthe Reagan 80sofgreed.(But Godbless Reagan, sincehe provedwithouta shadow ofdoubtthat trickle down economics is a failure.) Under Reagan/Bush, thefiguresreflect PBS special on the Bill of Rights entitled ''Equality and theI ndividual. "Onehypothetical posed to a blue-ribbon panel ofjudges,law professors and journalistshad two candidates vyingfor a position in a law school class, one fromarich black family with goodgrades, and the other from apoor white family with better grades. The question was whether it was fair to givethe black studentracial preference on admission, based strictly on the color ofhis skin. The panel debated this issue intensely. Yetonemust seriously questionwhythere was even a debate. How can we discriminate againstapoor whiteperson, for themerereason thathe is white? The goal ofany affirmative actionprogram must be to help thosewho have faced amore difficultlife. Poor whitepeople certainly faceall thehorrors ofpoverty. When youare hungry, it doesn'tmatter whatthe color ofyour skin is, you are stillhungry. How does one explain to the white student why he was not admitted? He has committed no crime, why should he be punished? Some on the PBS panel claimed that "whitepeopleowethistoblackpeople." But what ifthis person comes froman Irish,Italian, or Jewish background? Almost all of the immigrantsfrom these ethnic groups came to this country pennilesswithin thelast century. They never owned slaves. As matter offact, these immigrants lived in ghettos, as bad or worse than any that exist today. How can citizens beliable for crimes they never committed? The white student should not be penalized,hehasaright to equalprotectionof thelaw, as does any other American, regardless ofethnic background. He mustbe viewed as an individual in the eyes ofthe law and should not bediscriminatedagainst due to the colorofhis skin. The Equal ProtectionClause ofthe Fourteenth Amendment protects the liberty ofindividuals, not ethnic groups. Others on the PBS panel argued that the black student should be admitted in the interestofdiversity. Yes, all schools should be interested in diversity. However, does this interest in diversity override the right ofthe white student toreceive "equal protection of law?" How could it! Any time discrimination is based on race, it can be nothing else but racism. The only possible way our Constitution canbe fairly interpreted inregards torace would be through theprinciple ofcolor-blindness. Have black Americans been treated worsethan otherethnic groupsin this society? The answer is clearly yes. Have other ethnic ...FightingRacism continued onp. 9 thatdiewealthiest l%gained 102%in aftertax income while the bottom 40% fell 10% in income. The middle 20% fell 5% in income. (Figures takenfromyears 1977-1989)Proving the rich getricher andthe poor getpoorer. Jerry Brown'scontention isthat we're the richest nation in the history ofthe world, and ifwe can't provide alivable family wage for everyone then civilization has failed. We can instantlyremedy this by usingMcCarthy's proposal oftaxing thewealth ofthe superrich. Conservative Republican's charge that progressive taxes, or surtaxes onthe superrich aredisincentivestowork. McCarthyresponded thatthese people should betaxed some more until they have the incentive to work. He is right, because in fact, the wealthiest part ofour population neverworked to earntheirmoney but rather manipulated the election process untilmisguided wanna-berich people gave the governmentstoreto them in theformofcorporate welfare, tax breaks and loopholes. Therefore a tax on them simply takes back what the stolefrom the American people. A onetime tax on wealth (McCarthy) to repay the national debt,a moreprogressive tax code (Clinton) in conjunction with no more loopholes (Brown) will put us on the road to achieving a just, equitable and flourishing society. Wewon'thavetrue freedom, from crime, disease etc., untilwe have economic justice. March 24,1992 ■■- > .■•••> a j%t» ,. The Opinion ■• ■••.■ ■> ■ 5 �Student BarAssociation Candidate Statements President Michael Radjavitch Hello, my name is Michael Radjavitch and I hope to be the Student Bar Association Presidentfortheupcomingyear. I'mcurrently a second-year law studentand have been an active SBA Class Director for the past academic year. This has placed me in a position to promote the social, as well as administrative, responsibilities ofthe SBA. I took these responsibilities seriously and will take the addedresponsibilitiesofbeing SBA President even more seriously. I am currentlya member oftheBudget Hearing Committee, which enables me to take an activepart in preparing the proposed SBA budget for next year. This committee wdl consider how much is tobeallocated forvarious administrative costs, and will determine howmuchmoney will beavailable forexisting student groups and howmuch money will be held in unallocated reserve for potential new groups or specific projects, asrequired. I am also amember ofthe Constitution and By-Laws Committee which revised the SBA Constitution thispastyear. Ihopetohelp revise the SBABy-Lawsoverthenextyear. As amemberofthe Gradesand Registration Committee, I have approached the administration aboutthegrading system, thepostingofgrades, the registration procedures, and professor evaluation forms. It is obvious to this candidate that the SBAPresident should tryto improve eachand every facet ofthis lawschooland to ensure that actions taken result in a better school, in both the short and the long runs. This has to begin immediately by taking an active part in the search for a new Dean, an issue of utmost importance to the future ofthis law school. This entails ensuring that student concerns withregard to whether the search should be conducted nationallyorlocally are effectively communicated, and ensuring that there is an open exchange ofinformation withthe faculty including a sufficient chance for feedback. Another immediateconcern is the possiblereduction ofthe incoming class to only two sections. There is already a diversity problem at this law school, and reducing the incoming class by a full third can onlyhave a negative effect on an already" problematic situation. Perhaps such a drastic cut will ultimately be necessary due to this school's budgetary problems, but this route should be considered as a last resort, and only afterall otheravenues havebeen thoroughlyexplored. Improving alumnirelations is extremely important to the future ofthislaw school,and I intend to work withthis goal in mind. Currently, the law school receives relatively little financial support from its graduates. Their support hasincreased recently, butnot nearly enough. Oneproblem that I have seen is that students leave this school feeling extremely bitter about one thing or another and subsequently want nothing to dowithit. We should leave this school with a sense ofprideand a feeling ofloss. Establishing a better rapport between the studentsand faculty in this direca ..JVes. continued nextpage, column 4 6 The Opinion William F.Trezevant Vice-President Hank Nowak Secretary Bridget Cullen My name is Bridget Cullen -1 amnmning Because Ihavethefortunate opportunity torun unopposed, I am able to usethis space to forthe Office ofSBA Secretary, and am curreflect upon some of my general beliefs and rently servingas a firstyearrepresentative on principles rather than to exaggerate a few the SBABoard. In representing you this year, I have seen the way that the current board accomplishments. ''Leadership " is a very ironicconcept. operates and I know whatchanges need to be Everyone expects to have it jump outat them, made to insure a more successful operation like dramatic eloquence from a greatorator's nextyear. Asmany ofyou whoare involved in the lips. However,itisnogreat"leapoflogic" (to various student clubs are aware, the SBA has to quote arather eloquent first-year) realize received a huge budget cutback. In order to that if aleader is constantly spewing forth offset this fiscal crisis, I plan to implement or excessive verbiage, he sheis not listening to scalefundraising, headed by the SBA,to large anything that you may think or feel. That benefitall ofourorganizations. Without some ' 'leader onlyleads himself orherself, cannot type of we face fundraising, a very dismal lead you,and therefore is not a leader at all. year. financial Thisfundraising would not be A leader, especially a representative, a substitute for the that fundraising projects has aduty to understand all this issues at hand. undertake, individual but would serve groups Thus, the personality ofyourleader is more as a supplement. There are many capital than relevant, it is everything. that we in the law school have left resources Some feel that leading quietly is one thecommunity. There are untapped—namely, effective way to lead. I feel that is the only somany and T-shirtsyou can sell only bagels effective way to lead. A leader selectshis or have before exhausted the you completely her words with great care; he or she never your bank accounts of fellow students. We argues, for an argument can never bewon. If in need from outside O'Brian money coming you lose you lose and ifyouwinyou always Hall to like car operate. activities Simple losetheother person' s good faith. The onlyway of washes and sales canraise hundreds candy to win others to yourway ofthinking is to make ittakes is a dollars ofcommunity all money them think that your ideawas theirs. A leader will not only let them brag about it, but will little initiative and hard work. I believe that students need to be better praise them loudly and publicly for being so informedofwhatis going on withinthe SBA. insightful. A leader will always hold his or her We do have a column in The Opinion, but not enough. SBA meetings tongue; when the leader speaks, his or her apparently this is are the studentattendance students,but to open comments are clear,brief, tothe point,and only It rate isabominable. hasbeen suggested this after listening to everyone else's points of newsletter, that the SBA a and I year print complete. view. This is not only to be respectful and a believe that this could be useful tool in We mustrealize that weco ntrolour own polite, but so that every statementhas substankeeping body informed, the student and could future. We can, regardless of ideological tialthought and consideration behind it. student apathy. positions, change the school forthe better. All lam not a great leader-1 onlyaspire to perhaps even help combat to make the SBA colI will Additionally, try we need isthe willingness to honestly debate be one. Most ofthese ideasare my father's or the issues and concerns that occupy our Dale Carnegie's. However, think carefully umn in The Opinion a little more spicy and about who you want your leaders to be. More interesting so that people will actually look thoughts. forward toreading it! Most importantly though, we need a importandy, bealeader yourself. I am openminded, and I see the SBA as president who is willing to identify,raise and By the way, ifyou do plan to enter the more than an organization that collects mandealwith these issues in a proactive and not a arena, neverletpolitical grudges get intheway As your Secretary, I will studentfees. datory reactive manner. We need a president who is offriendships or the people you care about. work future withyoutowardsamoresuccessful willing to take chances, present ideas and They are far more important. law school. forthe remain open to criticism. We need a president withthe diligence,perserverance and follow through torun an effective organization. I have done so in the past as evidenced by my term as Justice of Phi Alpha Delta during which we produced theLaw School StudentDirectory andrevived this studentgroup, and I am committed to do soagain forthe S. B. A.. I want us to createand withyourhelp at the election box, and duringthe courseofnext year, I amconfident wecancreatean exciting tradition which is inclusive, dynamicand proud. Trezfor Prez: We can win together. Issues have drivenmy campaign, and issues should drive the outcome ofthis election. My ideas formodifying the S.B.A. have been placed before the student body, and the debate over the relative merits has already begun. My mission has been from the start to show by example that wecan begin the difficultprocess ofrealisticallylooking at ourlaw school simply by deciding to do so. I am heartened by the fact that in response to my proactive stance, fellow studentshave consistentlybeen coming forward to add to the collection ofproposals onthe many issues facing My proposals serveas a guidefor thefuture direction ofthe role ofthe SBA. in our law school. In my platform I called for the use of fund-raisers by the SBA.asatooltoaugment our decreasing funds. I also called for the formation of a Council ofPresidents to act as both aclearing houseof information, and coordinatorofstudentactivities sothatall student groupscan make the best use oftheir limited time and money. I also called for therequirement that faculty members whopresentlyteach thefirst yearresearch and writing courses also serve as faculty advisors for those students. Likewise, after speaking to a number ofstudents, I am calhng for the creation ofatutorial program to be open to allfirst yearstudentswho desirehelp. Thisprogram would beadministeredby students, for thebenefit ofthestudents. These are some of the ideas that should be considered, debatedandimplemented by next year's 5.8.A.. But by no means is this list us. March 24,1992 - Second year class director elections to be April 3rd Budget Hearings held this week. Get your petitions from SBA office room 101 O'Brian Hall. �Treasurer Stephen Lee "Treasurer: an officer entrusted with thereceipt, care, and disbursementoffunds: as a governmental officer charged withreceiving,keeping, and disbursingpublic revenues." (Webster's Ninth New Collegiate Dictionary) Thatisthedefinitionofatreasurer. But what other qualities should a treasurer possess? According to the definition, the only quauficationapersonneedstobeatreasureris basically theability to keep the books in order (e.g. keep receipts and balance the accounts). Thisis nota difficultposition by farand I think both my running mate and I are qualified to fulfill the basic duties ofthe office of the treasurer. The definitionis butaskeleton with substance needed to fill out the frame. The substance hasno name but is a combination of distinct qualities. Qualities such as honesty, accuracy, accessibility, and finally and most importantly the ability to interact with a diverse student population. Qualities which I possess and are importantforalloftheExecutiveBoard positions. I have held other student government positionsduringmy undergraduate years,such as dorm representative, chairman of various committees, Student Association of State Universities(SASLJ)representative,andpresentlyas a 1 st YearClass Director. My participation in these orgnaizations has helped me acquire the qualities which I have stated are important for all the Executive Board positions. The one and onlygoaloftheSBAandits executive board should be the concerns and problemsofthethelawschoolbody. Asalaw student youarepart ofthe SBA and Ireally wish morestudentswould voicetheiropinions, problems, grievances, and any other issueswhicha studentfeels to be important. That is what the SBA andtheExecutive Board are there for; to investigate and alleviate the concerns ofthe student body. It is essential that there is a constant and open communication between the SBA and the student body. Without the students the SBA isnothing. Therearemanypressing issues concerning thelaw school, wherethe SBA can and will effectchanges and outcomes. I guess themost prominent is theresignation ofDeanFilvaroff. The students should definitely have a say in who will bechosen to be the next Dean. Since the new Dean willdirectthe schoolaccording to what he/she believes the school would be benefitted from, studentsshouldhave a voice in who the Dean should be. The other is the budget cuts in general and more specifically theRecreation and Intramural fee, which will substantiallydeplete the SBA budget. Butthe SBA cannot do italone. We need the student bodyto get involved! In closing, I wouldjustlike toreiterate that the SBA is not the most important body of the school; itis the students and we need your inputto make things better. I hope all the students will go out and voteonMarch2s&26andl wishthebestofluck to all the candidates running. Make achoice, it'syourright. GIVE BLOOD Kevin P. Collins My name isKevin P. Collins and I am running forthe office ofSBA Treasurer. First ofall, let me tell you about myself. Quite simply, I have a sincere, genuine interest in the interactions between the students, the school, and itsadministration. I,like any other student (and correctly so), wantto get my full money' s worth out ofbothmytuitionand student activitiesfee. I shallwork to the best ofmy abilities to ensure that we, as students, do getourjustand fairvalue for ourmoney. I went to John Jay College ofCriminal Justice,City University ofNew York(CUNY). I attended college full-timeand workedfulltime(overfortyhoursperweek). Whilethisdid not afford me the time to joinextracirricular activities (in fact, it gaveme very little or no free time), it didput me "in touch withthe special interestsandconcerns ofworking students,part-time students,and those students, like myself, who took courses in the evening. They (we) pay the same tuitionand fees and, accordingly, are entitled to the samebenefits. I, again, shall work to thebest ofmy ability to see that this is so. A work-related experience gives me the impetustobeinvolvedintheSßA.Iworkedas a doorman during my college years to pay my tuition and to support myself. Here, I was elected by my co-workers to be their Shop Steward, the representative forthem to Local 328-32J,the ServiceEmployees International Union, AFL-CIO and the management. A numberofissues arose inwhich I had to representone, ifnot all, oftheemployees to manage- John Pappalardo fields a question duringthecompetition. Mugel Competition The 19thAnnual Albert R. MugelMootCourtTax competition waswonby St. John'slaw SchoolwhiletheUniversity ofDaytonwasrunner-up. The competitionwasheld during theweek ofMarch 1, culminatingwiththefinal round on March 7in theMoot Courtroomin O'Brian Hall. Seventeen teams competed in the competition. Representing UB Law wereMike Joynt,Rob Sardegna, Mahindra Maharj and Anthony Fumerelle. During the finalround ofthe competition the panel ofjudges included Albert R. Mugel, John Steel, Jr., and Sidney Rubin. Winners ofthe competition from UB were John Pappalardo and Brian Murray. They were coached tovictory byDave Strabo. I sit on three SBA Committees: The Constitution and By-Laws Committee, the Gradesand Registration Committee, and the Budget Committee, whichis presentiy hearing all the groups' requests for funding for the upcoming fiscal year. Thisfurtherputme' 'in touch" withstudent groups. lalsoamamemberoftheFSßß.theFaculty-Student Relations Board, whichis the governingbody in the law schoolfor hearing grievancesamong students and for petitions filed by studentsagainst the faculty. I have been onthe SBA for afullyear already. Itrytobeasfairandneutralas possible when groups orstudents come before us. I do not believe in voting Republican or Democratic,Right orLeft, Conservative or Liberal. I do notbelieve in playing procedural games or political power plays. I dobelieve inexamining the issue before us, seeingall the possible alternatives, and deciding on the merits what is best for law studentsas a whole. I ask you to askpeople whoknowmeandhave workedwith me if you do not know me. I believe all this ment and/or the union. One particular issue experience and desirethat I bring to the job stands out: management tried to take away makes me qualified to beon the SBA Execuvacation benefits guaranteed by our contract tiveBoard. Specifically, as Treasurer, I am willing through a negotiated labor bargaining agreeto workhard and put in the time. I like to use ment. I filedapetitionfortheemployeestomy unionand the NationalLaborRelations Board, theanalogy thatas Treasurer Iwill endeavorto beagoodbankteller. Itislikewhenyougointo and I also fileda grievance against manageabank. Ifyouhaveagoodbanktelleryoucan ment. Alterawhile,convinced ofour serioushaveyour businesseffectively done in a short ness, theability ofthe employees to stick and But, time. ifyou have an unqualified one who work together, and faced with the reality of does not know whatthey are doing, it can turn arbitration, managementrestored ourvacation into an ordeal. You have to speak to the benefits. This showed me the necessity of forever, etc., etc.. wait Manager, employees or students having to stickand work Some ideas thatl would liketo implewell together. Italso made me aware ofhow SBA wouldbe possibly your mentas Treasurer effective representation is needed to ensure a Loan Fund that student groups setting up that ourrights and benefits are not infringed couldborrowmoney fromtouse for fundraising upon or denied. I shallwork to the best ofmy (i.e. money to and thenrepay have to have you abilities to ensure that we all receive that to would advocate a large I make having money). which weare entitled. so unallocatedreserve thatas overthe course This leads in to why I want to be a member ofthe SBAExecutive Committee to oftheschool year as variousneedsandprojects represent thelaw students. Irecognize that we develop for thestudentgroups, there wouldbe enough funding to distribute as the casearises. have to work togetherand thateffecti yerepreI would try to use and work with Sub-Board I a sentation is needed. As law student here I more efficiently, so that student groups can the joined many great groups (as I never had theirorganization and that they effectivelyrun opportunity incollege). I havehad thepleasure can''tap into someresourcesthat Sub-Board and learning experience ofworking withand as extra I has, such for funding beingavailable to belonging BPILP and helping to set upthe speakers and social events. insteadof Lastly, Pledge Drive, thePrison Task Force, the NLG, funding groupsonceayearatthebudget meetthe Homeless Task Force, In The Public Interingfor speakers whichthey do notknow when est LALSA's Spanish forLawyer's Course, the Hibernian Law Society, and, of course, theywillcomeoratwhalcost,lpropose having writingfor The Opinion. This made me realize aSpeaker's line reserved in the SBA budget so that not only do weas students need effective thatas aparticulargrouphas a speakercoming to thelaw school they can request funding then representation individually, butalso that stuwhentheyknow all the details, not having to dent groups' and organizations' needs and in- guess a year in advance. Inclosing, I wouldlike to say that I learn much from my student extracirricular activities. I ask you to get involved. Please vote. These are you studentactivities fees. Without youtherewould notbealaw school. Voiceyour concerns. Ipromise to workhardand tothe best of my ability to ensure that students' and groups'interests and needs aremet and that the SBAisrun fairly and efficiendy. Ifyoubelieve that I am the qualifiedcandidate to do the best jobas possible, I ask you to please vote for me, Kevin P. Collins, as your SBATreasurer. President: Radjavitch step in this direction. Attempting to get the faculty more involved and more interested in day-to-day student activities, as wellas creating a more familial atmosphere at the law school are other importantpart so fthat change. Integrating our alumninetwork wi ththe Career Development Office is also a step toward improving CDO'sresources. Unfortunately, anyone seeking to leave the Western New York area is unable to utilize sufficient CDOresources. It is importantto improvethe office'sfacilities and resources so that it becomesmorethan agoodregional office. This is especially important to foster a positive changeintheemploymentrecordofgraduates. Ifat all possible, I would also like to see the Law School Computer Center expanded. Thislab providesan important service tothose law students who would not otherwise have accesstocomputerequipment. Unfortunately, it is itselfvery limited with respectto the IBM equipment available. In order to meet the needsofmorelaw students,abalanceofMacintosh and IBM computer equipment should be present in the computer center. It's clear that I support active student groups, those which give somethingback to the lawschool C(>mmunity. Myrecord, both on and offthe SBA, standsforitself. I am one member ofthe Rainbow Party ticket, a group of four individuals whobelieve in theimportance ofa complete spectrum ofideas and interests, and who will represent al 1 such diverseinterest sas objectively and fairly as possible. I urge all ofyou to discoveras muchas you can about all the candidates before you vote. Talktothecandidatesandthepeoplewho know them. Ask fortheiropinions, then form yourown. Don'tbe fooled byappearances orby awell-turned*phrase withlittle substance behind it. When all is saidand done, vote forthe better SBA Presidential candidate, Michael Radjavitch. terests must be heard. March 24,1992 The Opinion 7 �From the Desk ofthe President . SASU by Brian P. Madrazo SBA ELECTIONS The elections for the ExecutiveOfficers ofthe SBA will take place on Wednesday and Thursday, March 25 and 26, 1992fr0m9:00 a.m. to4:oop.m. in frontofthe Law Library. All students are eligible to vote in the election. Therearecandidates for President,Vice-President, Treasurer, and Secretary. Write-inspots are available on each ballot. Additionally, all law studentsare eligible to vote for the student representative to the University Council. The I Jniversity Council is the governing body of ÜB. Allvotersmustshowl.D.andaJl ballots be initialed by the voter registration tabler. The new Executive Committee takes officeMay 1,1992.1wish all candidates good luck and urge every student to take the time to vote. TheSßAcontrolsthemandatorystudent fee, makeyourvoiceheardonMarch2s and 26. moving 0n... BUDGETHEARING must Thebudget hearingforthe 1992-93 budget is April 3,1992at2:00p.m. in room 106. All are welcometo attend. All groups should send a representative. The proposed budget will be on file in the SBA office on Monday March 30,1992 and in theLaw Library under the SBA File. Each group will get a copy of their groupsproposed budget in theirmailbox. moving 0n... SEMI-FORMAL The SBA isthrowing asemi-formaland everyone is invited. It will be Saturday, April 4,1992 from9:oop.m.to2:ooa.m. The costis twelvedollarsand you getthreehours ofopen bar, finger foodand a D.J. I hope to see youall there. SBA directors will be selling ticketsall this week and next. Last Wednesday theBoard v(>ted down two proposals to put SASU to a studentreferendum Oneproposal wanted to put the question ontheupcoming ballot for SBAExecutive officers. Oneproposal wasto put the question toareferenduminthefall. TheBoard decided after almost 3 112 hoursofdebatethat neither proposal wasacceptable. Two and 112 years ago a referendum to bringSASUoncampuswasheld. Thestudents votedtobring SASU on campus forathreeyear periodendinginlhefallofl992. Last spring the samequestionwasputtoareferendum. Again the studentsvoted tokeep SASU. AlthoughtheBoard voted against both referendum proposals,next year's Boardhas an affirmativeduty to holdareferendum onSASU in the fall. I would be more than happy to talk with any student with respect to this or any issue. Stop by the office or give me a call. moving 0n... WHAT IS GOING ON The Association of WomenLaw Students (AWLS) is in the middle ofa month of activities. I wouldlike to encourage people to attend. The Asian American Law Students are in the middle ofa Heritage Week which will include a lunch. Circles (WomensLaw Journal) is holding a fundraiser this Saturday and members are selling tickets. moving 0n... FINALLY... As usual, theSBA meets every Wednesday. Note that the meeting time is 8:00 p.m. and the meeting isinroom2loO'Brian. Allare welcome and all are encouraged to attend. We'll sellyou the whole seat, but you'll only need the edge. Until next time. moving 0n... HODGSON RUSS ANDREWS TO THE CLASS OF 1994 You are cordially invited to a cocktail reception to learn more about the practice of law in Buffalo. Join us for cocktails and hors d'oeuvres. Date: Wednesday, April 8, 1992 Time: 4:00 Place: Buffalo Marriott 1340 Millersport Highway - 6:00 p.m. c/o Career Devlopment Office Room 309 by Friday, March 27 R.S.V.P. If you have any questions, please call at 856-4000 Jane McAvoy by Natalie A. Lesli, Business Manager In an marathon meeting last week, the SBA addressed an issue which has persistently plagued thegroup and thelaw school. The f< >urhour meeting was an ugly affair, yet it illustratedthe importance ofhaving such adiverse group ofpeople as our elected studentrepresentatives. Before break,ThirdYearDirector Marc Hirschfield submitteda memorandum insupport of his request for a partial mandatory studentfee waiver, sothatthe $2.00 which is earmarked for the Student Asstwiation ofthe State University (" SASU ") would not go to fund them (Thisrequestwasjoinedby3LJim Maisano and 2L Paul Dell.) The highlightsof the Hirschfield memo were two cases, Galda y^Rutgejs(lloS.Ct.222B(l99o))andKeUeryl StateBarofCalifornia(47sU.S.lo6s(l9B6)). These cases, according tothose requesting fee waiver, indicate thatthe manner in which the SBAfunds SASA is unconstitutional. According to this interpretation, the basis of the unconstitutionality is that"themandated contribution isearmarked for only one organization" and all student groups on campus are therefore not free tocompete for a fair share of the money. Additionally, SASU allegedly usesthe mandatory fees forideological causes. The request forwaiver was denied. In 1989,astudentreferendum was held to address the SA SU issue. The students ofthis law school votedto fund SASU forthreeyears, at theend ofwhich,a newreferendum wouldbe held. Theresult ofthisreferendum is binding upon the present SBA, unless itis overturnedby a majority vote of the Class Directors and ExectiveBoard. ThiswasthefocusoftheSßA meeting last week. Third YearDirector Darry 1McPherson opened the meeting with a motion to have a referendum this week on whether the SBA should continue to fund SASU (in effect, to overrule the 1989referendum), and toredirect the SASU moneyto the SBA budget in orderto aid in funding student groups. The motion was secondedandthefloorwasopened. Unfortunately, as frequently happens withbodies such as the SBA, most ofthe comments were not explicitly directed to the motion on the floor. Instead, many oftheClass Directorsand the various guests (3L Jim Maisano, 3L Brian Carso,SASUPresidentßandyCampbell,SASU Representative and 2 L Shawn B< >ehringer, and ©WOODS OtGOODYEAR ATTORNEYS AI LAW I SBA: Up Close & Personal two 1L's who were involved in SASU while undergrads) spoke to the meritsand evils of SA SU. The fact thatthedebateran so long was a consequence ofthis lack of focus, as the funding ofSASU was not the issue before the Board. As the hours passed, SBA President Brian Madrazoregained control ofthemeeting andrestricted comments tothose specifically addressing the motion on the floor, namely whether there should be a referendum this weekto determine ifSASU should continue to befunded. Duringthe course ofthe debate,Second Year Director Scot Fisher made a friendly amendment, which ultimately becamehostile when it was not accepted by Darryl, thatthe referendum should beheld in theFall of 1992. While this is what the 1989 referendum requiresanyway, Scot' smotion, ifpassed,wo uld have the effectofbinding next year's Board to usethe specific language ofhis motion on the ballot. By the end ofthe debate, tempers were high and a few Board Members and guests traded immature, petty remarks. Recess was called a number oftimes in order to quellthe nasty, hostile environment. In a surprising show ofmaturity and consideration, the Board members eventually agreed to allow those people who had not yet spoken to have thenchance, and thentocallthequestion. Undoubt- edly,the latehour was largelyresponsible for this change ofheart. The first vote was whether to amend Darryl's main motion by Scot'sproposal. A division ofthe house was called, and each member voted separately. The results ofthe votewereas follows: Sarah Swartzmeyer-yes, Eileen Groark-yes, Kevin CoUins-yes, Kristin Graham-yes, Bridget Cullen-abstain, Stephen Lee-no, Hank Nowak-yes, MichaelRadavitchyes, ScotFisher-yes, ScottRudnick-yes, Aida Reyes-yes, Darryl McPherson-no, Sabby Santarpia-no, Sandra Williams-no, Marc Hirschfield-no, Norbert Higgins-no, Hans Tirpak-no, Kate Sullivan-yes, Daryl Parkeryes(absent:ErikMarksandDaveChien). The motion passed, 11-7-1. Asaresult ofthis vote, the main motion becameamended, and thenext votewaswhether to accept this amended main motion. Again, a division ofthe house wascalled. Theresu Its of the vote were as follows: Sarah Swartzmeyer-no, Eileen Groark-no, Kevin Collins-yes, Kristin Graham-no, Bridget Cullen-no,Stephen Lee-no, Hank Nowak-no, Michael Radavitch-no, Scot Fisher-yes, Scott Rudnick-yes, Aida Reyes-abstain, Darryl McPherson-no, Sabby Santarpia-no, Sandra Williams-no, Marc Hirschfield-no, Norbert Higgins-no, Hans Tirpak-no, Kate Sullivanno, Daryl Parker-abstain. The motion failed, 3-14-2. So, where does that leave us? As it stands now, there will beareferendum in the Fallof 1992withrespect to whetherto continue to fund SASU. However,nextyear'sßoard will notbebound by any specific language,and may word the ballot as it chooses. Students can expect to be barraged by both sides oftheSASU issue prior to this referendum, as everyone is concerned thatthe vote be an informed one. The temporaryresolution ofthis issue is a sigh ofrelief for the SBA. However, there have been many unfortunate consequencesand others are threatened. Some Th ird Year Di rectors have become so preoccupied with the withdrawal from SASU thatthey are nolonger concerned with effectivelyrepresenting their constituents. It seems that battle lines have been drawn, and the casualties will be next year's SBA and student groups. The proposed courseofaction isaboycottofthe SBA budget approval meeting tobe held on Friday, April 3, at which time the budget for next year is supposed tobe passed (includingtheallocation ofbudgetstoallstudent groups). Thereasoning behind the boycott is that if the third-year studentsare notallowed to have a voice in the final determination of the SASU issue, and how that money will be spent, they see no reason forbeingallowed input withrespect to nextyear'sbudget. If the budget is not allowed to pass because lack ofquorumprohibits a vote from being taken, we will all suffer. Everyone will be in limbo as to what their budgets will befor 1992-93. As a student observer ofthe SBA, I suggest that everyone, third-year studentsespecially, tell an SBA Class Director how they feel with respect to this issue. Nothing will be served by boycotting the budget meeting, except perhaps soothing the bruised egos ofthose who wanted thereferendum no w. It is embarrassing that almost-professionals, who represent the students of UB Law, feel it necessary to hinderthe budget process in (>rder to prove theirunrelated and mootpoint. Practically, it islikely thattheboycott will not even take place, as a result oflack ofsupport for the idea. In any event, a boycott will not be able to prevent a budget from eventually being passed, either later this Spring or early next Fall. Thus revenge, which is futile in and of itself, becomes all the more reprehensible. The next deadline forThe Opinion is April third (3) 1992. Submit to Box #443 or 512. 8 The Opinion March 24, 1992 �From the Cheap Seats by Robert Garnsey E trouble with great directors is that, are instances when they make a ting film, it really disappoints. This is especially so when a lesser film follows a great one; the directorwho consistently does superb work inevitably raises expectations, so that a so-so effort looks that much worse by comparison. That, unfortunately, is howl felt afterseeingMartin Scorcese's Cape Fear. Mindyou,CapeFear isn't a bad movie. In fact, as remakes go, it's probably one ofthebetter ones. Scorcese pays considerable homage to Hitchcock in this film, what withthe bizarre camera tricks, the weirdopening sequence, eventhe Psycho-like score.There's no questionthatthelook ofthe film is good;the weakness ofthe story is what ultimately sinks Cape Fear. As the psychopathic ex-convict, Max Cady, Robert DeNiro gives a typically effective (if somewhat overwrought) performance. Fresh out ofprisonafterafourteen-year stint for rape, Cady is out to wreak vengeance on the lawyerwho defended him,SamBowden( Nick Nolte) for deliberately suppressing evidence which might have led to Cady s acquittal. I Infortunately, forall ofhis seeming menace and preternatural ability to get inside his victims' heads, Max Cady isn't a particularly compelling or frightening villain; DcNiro's portrayal ofthepsycho in "taxi Driver was much maybe ' J>nvincing( ;theplotwasatad jlievable?) any event, Cape igencrates in its fhour from what een a decent ickian thriller to ing more akin toa ite slasher movie, ding of the film i ontheridiculous, ;Niro chasing afi the resiliency of )articularly scary. Still, Cape Fear has its moments, such as the fine performance ofnewcomer JulietteLewis as Nolte's sheltered yet rebellious daughter, and amemorable bit part by old fossil Robert Mitchum,who getsto deliverthefunniest lines in the movie. Overall, I was disappointed by this film, especially in the wake ofthe excellent Goodfellas. But, asB-moviesgo, you could [i do a lot worse. ...McCarthy continuedfrontpage 1 combination with public disclosure of the sources ofthe contributions. We should then let the people decide.'' TheNew YorkTimesand Nightlinehave not given coverage to my campaign. I washurt when they ignoredus inNew Hampshire. They justdon't want us to get ourmessage out. Yet they gavecoverage to H. Ross Perot. The Ttmesis treating me the way they treat Buffalo, we just don't existfor them. ' 'Thiscampaign isalso aboutinclusion. Uptillnow they haveexcludedothers from the process." On the subject ofthe Supreme Court: "A nomince should be required to get at least 2/3 oftheSenate inorderto be confirmed. I wouldappoint non-lawyers to the Supreme Court. I would find non-lawyers like socialhistorians for the bench. In the alternative, I wouldfind a lawyer out oftheyellowpages.'' Onthe subject ofabortion: " We live in a secular society. Part ofour systemofseparationof powers is the designationofabranch tomakereasoned decisionson issues facing our society. We've chosen the Supreme Court, and it isfor them to figure out what the will ofthe people is and not for the legislators to play with." On the subject oftheConstitution: ''Three agenciespose the greatestthreat to our society because they areexempt fromthe Constitutionand the Bill ofRights. The Fed- eral Elections Commission is so; important because it controls the whole process and fundamentally deals with our First Amendment right to assemble. The Internal Revenue Service because they ignore theguaranteesof the Bill of Rights. Many times, when the Justice Department, which must follow the Constitution and the Bill ofRights, still wants to dosomething, they go overto theIRS which tramples upon ourcivil liberties. There is also theFederalCommunicationsCommission.(He didnotelaborate)" BarbaraWilliams, aMcCarthy supporter summed upby saying,''Yeshe can win. He is the best candidate to heal. His campaign is about being decent, something which we lack today." FormoreinformationonMcCarthy's campaign you can write to: Mart in Rothenbcrg 134 Clearview Rd. Dewitt, New York 13214or call: (315)478-67290r 1-800-688-1937 which answers Syracuse Language Systems. Movie Review: My Cousin Vinny by Renee Walner, Movie Critic The new comedy My Cousin Vinny proves thatalittle selfconfidence goes along wayinthepracticeoflaw. Vinny Gambini (Joe Pesci) isafast-talking Brooklynite whofinally passes the New York Bar exam on his sixth attempt. Having no credentials other than enthusiasm andchutzpah, he soon finds himself in Alabama defending a relative and his friend on a murder charge. My Cousin Vinny details Vinny's comical exploits as he stoically and falteringly learns the trade while on the job. The two young defendants were originally ontheir way toUCLA fromNew York via the scenic backroads ofthe South. Inadvertently,Bill Gambini (Ralph Macchio) pockets a can of tuna fish at aroad side shop. A few miles later Bill and his friend Stan (Mitchell Whitfield) are stopped by the police. With fearsofstereotypical SouthernJustice" dancing in their heads ,they promptly confess to theircrimeand arearrested. On ly later do they discoverthat they are charged fora murderthat occurred subsequent to their leaving the store. Short of funds, the young men call on Bill's cousin Vinny to represent them. Vinny arrives in Alabama with hisfiance complete withBrooklyn fashionand dialect. In court, Vinny favors an esoteric wardrobe and is partialto black leather suitsand cowboy boots. His informalcourtroom behaviorhardly wins favor with the judge, who is a stickler for precise courtroom protocol. The Yale educated Judge (Fred Gwynne), is vehemently opposed toany formofleniency and holds court in an authoritativemanner. Vinny is frequently held in contempt ofcourt due to his inexperience, and onoccasion hisantics land himin jail withhis clients. Vinny'slong-time fiance I.isa(Marisa Tomei)providesconucsprightlinessandclever repartee. Despite the constant bickering, the couple have a deep-rooted affection for each other. Vinny and Lisa showreal intelligence and withbehind theirdistinct facades. Lisa's know ledge ofears prevents herfrom becoming atwo-dimensionalcomicalcharacter and plays an importantrole inVinny' s defenseofBill and Stan. Though My Cousin Vinny provides a promising premise, segments ofthemovie are slowand do not live up to Comic potential, the court room scenesare quitegood. My Cousin Vinnr deservescredit for itswarm, g( >i >d-hearted script and its game cast. Fighting Racism continuedfrontpage 5 groups been discriminated against. Again, theanswer is yes. Native Americans, Asians, Hispanics, Arabs, Jews, Italians, Irish, Poles and other ethnic groups have all faced discrimination in this country. If you do not believe this is true, then it is time to open some history books. When theIrish arrived in this country they faced signs in store windows which read "INNA," (Irish Need Not Apply), Jews faced quotas at Ivy League Universities and fierce Anti-Semitism, the Japanese were put into concentration camps in World War 11, Arabs were harassed and beaten duringtheIran Hostage Crisis andthe (MfWar.andacommonjoke in the early part ofthiscentury stated thatthe only difference between Blacksand Italianswas theMediterranean Sea (and weknow how Blacks were viewed at the time). Thus, there is a long history ofbigotry against a myriad ofethnic groups in this country. We may get into an argument overwhich groupshavehad aharder time, but the fact remains that many have faced discrimination. It is not onlyblacks whonowreceive racial preference for jobsand employment. Hispanics and Asians also receive preferential treatment. But what is the difference between an Italian or Jewish immigrant in 1910and aHispanic orAsian immigrant who arrivedinthepast2oyears? Nothing. Allof these ethnic groupsimmigrated to this country tomake abetter lifefor their families, and they haveall faced a similar degree ofhardship. However, Hispanics and Asians are now givenracial preference for employment and college admissions overthe grandchildren of Italian and Jewish immigrants, whostruggled justas much in their day. This is not fairor just, it isracism. Whenever thereis legal discrimination against an ethnic group based on the color oftheir skin, it is racist. The Italians, Jews,Irish and Polesnever received any racial preference, they faced discriminationthemselvesand faced a much more brutal society without child labor laws, minimum wage, housing codes, unemployment or welfare. Just as earlier immigrants had to work hard to move their families into the middle class, so musttoday' s immigrants. Is opposition to affirmative action racist? No, it is simply based on a sincere belief that the Constitution must be interpreted in a color-blind manner. Racism is abhorrent. Ifaperson isdiscriminated against in the work-place due to race, they should be sanctioned by the full power of law. But discriminating against some ethnic groups while trying to stop discrimination against otherethnic groups, simplydoes notmake any sense. THIS ONLY MAKES RACE RELATIONS WORSE, AND RACISM AND HATRED ONLY BECOME MORE ENTRENCHEDPNOURSOCIETY. DavidDuke, theKu Klux Klan, and the Neo-Nazis are evil human beings, who should closely be examined,confronted and punishedby law any time they violateanother human being's rights. Yet, combatting racism is a two-way street. Whde weare condemning theDavid Duke's of this world, we must also condemn the Leonard Jeffries'ofthis world. The week before the Jeffries' speech here at ÜB, some members ofStudents For Constitutional Concerns published a leaflet entitled, "TheFactsAboutLeonard Jeffries.'' The students believed that Jeffries had aright to speak at ÜB, but felt it was important.to meet his speech withtheir own speech in the greattraditionoftheFirst Amendment. The leaflet pointed out that Jeffries had made bigotedremarksagainst Whites, Jews, Catholics, Italians,Gays and Blacks, amongst others. Jeffries' bigoted statements were quoted directly from majornewspapers, with careful attention not to take them out of context. Jeffriesbelieves that Blacks are biologically superior to Whites, claims that' 'rich Jews'' and the' 'CatholicChurch financed theslave trade, and that "rich Jews" and "mafia" conspired to destroyblack people in the movies. He says that' 'you can't trust the white boy." Jeffries plans to attend a Holocaust revisionist conference. Heclaims whitepeople are greedy, materialistic and intent ondomination. THISISRACISM. There is nothing else you can call it. Leonard Jeffries is a racist and hisbigotry is documented in thepublicrecord. The students who put togetherthe leaflet found hundredsofarticles illustrating hisracist past. It is not possible that all these quotes were inaccurate, especially since many came from a speech he gave last summer, aired on cable television. Still, Jeffries wasinvited to speak here. Why? What would be a person's motive to bring Jeffries to ÜB, where there are many studentsofthe ethnicand religious groups he hasattacked. The Black Student Union claims they wanted to bring someone to speak about Afrocentrism and Black history. But they could not possibly argue thatJeffrieswas the only speaker who would come to UB and address these issues. There are hundreds of black scholars, without aracist history, who wouldhave come to speak at ÜB. Itisremarkable thatBlacks, victimized byracism worse than any otherethnic group in America, would invitearacist to speakat ÜB. The same pet >ple who are constantly asking Americans to be more sensitiveto racism, invitearacistlo ÜB. Remarkable! If David Duke was invited to speak at ÜB, the Black Student Union, who invited Jeffries, would be protesting. You cannot haveit both ways: claim to befighting against racism and then invite aracistto speak at this university. Surprisingly, the Jeffries leaflet was attacked in a recent Opinion. One Black student said, "ifyoudidn'tknow who Jeffries was, afterreading the'fact sheet,' you'd think he was a monster Why did this trouble the student? Jeffries isamonster, as areallracists. The students quoted also said the leaflet was inaccurate, unsubstantiated and a' 'chop job. However, they obviously did not go to the sources that were cited. Every quotewas taken directly from The New YorkTimes. Newsday and othernewspapers thathad printed direct quotes from Jeffries. This task was not very difficult since Jeffries'public record ofracism is so abundant; it wasdifficult for the students to decide what to include, since there was so much to chose from. Ifyou do not believe this, I challenge you sitdown at Lexis/Nexis and do a search ofthe major newspapers with Je dries' name. The long history ofJeffries'racism will Is opposition to affirmative action racist? No, it is simply based on a sincere belief that the Constitution must be interpreted in a color- blind manner. quicklyberight before youreyes. Leonard Jeffries, David Duke, and the rest oftheracist crowd must be attacked each time bigotry leaves their mouths. Just as whites who support Duke are wrong, Blacks whosupport Jeffriesare wrong. Theseevil men must be confronted by allAmericans: White, Black, Hispanic, Asian and all others. One cannot support racistsjust because they come from his orher own ethnic group. Racists are trying to pull our society apart and promote hate,rather thanloveand understanding. We must affirm our commitment to equality, liberty, freedom, and most importantly, the goal ofacolor-blindConstitution. I am not argu ing thatweareacolor-blind society today. 1 Infortunately, racism is alive and well. But I am arguing that if aJJ Americans truly want to destroy the evils of racism, the only route wouldbe tomake the principleofacolor-blind Constitution the foundation ofAmerican law. Tocontinue down thepathofracial preference will onlylead to more hatred,and the defeatof dreams ofracial equality. Mar?h,24,199,2, •yfepftpfriftfr 9 �Sexism in the Bill of Rights byJdinß.Licata, Editor-in-Chief OnMarch2o,l992 ProtessorMary Becker delivered a lecture titled "The Politics of Women's Wrongsand The Billofßights: The Bicentennial Perspective.'' Professor Becker covered several isues withthecentral themeof her lecture focused upon the Bill ofRights' raison d'etre to protect the white propertied male. "While men may celebrate the Bill of Rights' Bicentennial, women should be more ambivalent," saidBecker. Among the elements that Professor Becker asserts havingprevented womenfrom fully participating in government are: theFirst Amendment's protection of patriarchal reli- gions and the media elite; use ofthe First Amendment's free speech clause to protect sexist value system; the Second Amendment's proscription against effectivegun control;and the aspect ofmaking a man's house his castle and keeping the woman in the dungeon; the Fourth Amendment's fostering domestic violence; and theFifth Amendment's traditional application ofprivileges to the white propertied male by the judicial system. Professor Becker combined these charges to make an indictment of systemic sexism and racism by the minority population ofwhitepropertiedmales. According toBecker, theresult ofthesefactors is to produce "counter majoritarian consequences to women and minorities' ' by effectively socializing society to followingthe vhitepropertied maleinsteadof developing a comprehensive set of values. Becker uses security in the home to show the vast difference between maleand female perspectives: the greatest threat to the male is government intrusion which is protected against by theFourth Amendment while the greatest threat to many women is thehusband, or lover, whois free to rape her in the safety ofhisown home. Becker pointed out that while white propertied males are a minority in the United States, they completely dominate politics, communicationandreligion. With white propertied males holding 95% ofthe elected positions in Washington, DC, Becker said that if the United States saw such disproportionate minority representation in a foreign country then it would callforreforms in that country' s political system. Professor Becker urged changes in the system including educational and economic rights being built into the Constitution ofthe United States ofAmerica, a sharper focus on domesticissues, the right to an abortion fully paid by the state, and a legislature and judiciary representive ofthe entire population. , Letters, continued from page 4 so that every law student will have at least one opportunity to vote fororagainst suchrepresentation; and second, so that SASU can rely on funding from the law school for long-term lobbying efforts. The SBAagreed on SASII representation fofthreeyearssinceNovcmbcr of 1989,and SASU has continuously represented the law school since thattime. If the SBAwere tocancel SASU priorto thecompletion o fthe agreement, it wouldbecome vulnerableto actualand consequential damages for breachofcontract. A few third year students, who will be graduating in several weeks, insisted upon a third SASU referendum at this last meeting. Thestudents alleged thatforcing them to spend theirs 2on a' 'political organization is unconstitutional. They submitted several cases to SIGNTHEFTS CONTINIUE the SBA supporting this charge. This weekend, three ofSBA Presidential Candidate Bill Trezevant's campaign signs SASU representativesresponded with weretaken from the lawschool. Twoofthesigns were removed from thebullet in boardsofßoom theirownmemorandum of law attesting to the 106,and the other was taken from O'Brian Hall lobby. If you have any knowledge ofthe constitutionality oftheirorganization. Both of whereabouteofthesignsorthepurloinerofsaidpoUtical speech, pleasecontact(7l6) 896-0941 the arguments werepersuasivebut not conclusive. Subsequently, the votesagainstaspring 1992referendum werecast. Wevoted"no" for severalreasons: byAndrew Baltensperger, Guest Columnist 1 to avoid a lawsuit for breach of Jerry Brownhad not been heard through civilization is a failure. the national pressmuch untilhis recent strong Inorder to achieve this, hewouldusehis contract, 2 - to uphold clear student support for second placeshowing inMichigan. In spiteof election as a means ofdislodging the corrupt SASU via two priorreferenda, and, he that that, contends whenever he spendstime establishment and returning power to the 3 - to preserve the SASU decision for a to a and manages get his word out well-spring people. Brownwouldintroduceafull employfornext year's first year class, fall referendum He to ofsupport flows forth. speaks volumes by ment economy, partlybyrequiring business year students who will be not for the third mornhis choice ofcampaign stops. Saturday begin being responsible for the training of six weeks. leaving in to ing his inauspicious van pulled up a warm workersand partly by reinstituting the CCC. The thirdyear studentswhobrought the reception in the cold outside the Broadway He would cut military spending and invest in SASU issue to the table askedthe SBA tojudge Market. The depressed, neglected neighbordomesticspending: " B-2 bullet trains not Ban issue ofconstitutionality. First, this is not to hood is in transition, sfruggling revitalize -2 bombers." He cited a local rusting steel SBA, and second, itwas not clear therole ofthe itselfin East Buffalo. plantasanexampleoftheneed forinvestment from the case law which way the issue would His appeal to the common man was in plants and equipment which our workers bedecided in a court oflaw. shownby thelackoftypical trappingsofabigneed tobe more productive. Additionally, he money, national campaign. Brown refuses wouldrevamp the tax code eliminating loopTherefore, we abided by the two prior secret service protection and donationsofover holes and instituting a flat tax of 13%. Brown referenda and fulfilled the contract to which 100 dollars. He toured the market shaking advocates universal health care butexplained we agreed. hands and listening to concerns. His press that we will never get it under the status quo, Michael G. Radjavitch secretary, trying to stay on schedule, had a since the medical insurance industry has a Henry J.Nowak Kevin P. Collins difficult time as Brown was beseiged by a vested interest in massive profit-taking. In what has become his trademark, he crowd wanting to press the flesh. Having worked the crowd Brown then asked who in thecrowd had not donated $ 1000 addressed them. He spoke forcefully about to a political candidate. These are the people making under $20,000 would be about 6%. taking thecountry backfrom thewealthy. This Brown seeks to appeal to and empower by Also, business would berequired to pay their ruling corrupt elite establishment has taken taking away the power from the rich. fair share and closed loopholes would mean the political power and hasridden i>ur country Afterspeaking, theformergovernortook theircontribution would increase from about intothe ground. Herelayedhis concern thatwe questionsfrom the people. When asked about 20%t0 50%oftotalrevenues. Whenaskedhow wereon the brinkofdisasterdue to the rot from hisflat tax, heexplained that wecurrently have hewouldkeepbusiness in Americafrom fleewithin. Hequoted Thomas Jefferson as cona regressive tax due to Social Security and ing the tax, he said thatby spreading itaround tending that democracy shouldkeep the power loopholes for the rich. His code would only to all businesses including accountants and ofthe many safe from that ofthe few. He exempt mortgage rent and charity. He exlawyers. contended that wearethe wealthiest nation in plained, therefore, that hisflat tax wasprogresBrown, on the way out, stopped to eata the history of the world, and if we cannot sive since rent isahigherpercentage ofa lower sandwich with the people he wants to emprovide a livable family wage toeveryone then income's total. Thus, the real tax on people power. Brown Appeals to Common Man The Jessup Mo* >t Court Board presents the 1992 First YearTeam who will represent UB Law School in the Fasken Campbell Godfrey Moot Court Competition - accountinG For L3wreßs-. 101 <P Get Fee up FRont! Kendra Burgos (3) SimonConte JohnCraik Kristen Graham Jackie Jones JamesLynch DrewPinkney arif v main pßincipLee (D Get Fee up rant! ' " /T © Get Fee up fpont! Douglas Sylvester C C?T Questions? I\S ( jA\S/ \ \ /I I J I //\ p—'^9-JJ^-A Alternates: LisaDalfonso Jay Fleischman JoshKimerling MarcRemmling Congratulationsto all whocompeted in the competition for a fine effort. 10 r ,i e Opinion March 24,1992 i 199? Mead Data Central Inc A" RightsReset ved �National March and Rally for Choice Buffalo will notbeanotherWichita. Defend every woman'sright to choose. 11:00am, Prospect Park (at Porterand Niagara Sts.), Buffalo, NY (Sponsored byBuffalo Unitedfor Choice). Kenyatta Memorial Fund Party The StudentBar Association, BlackLaw Students Association, National Lawyers' guild,andahost ofothers inviteyou to a Party at Mulligan's. Proceeds tobenefit theMuhammad I. Kenyatta MemorialFund. Admission will be $ 5.00. Beer, food and the company ofyour friends willbe provided The event will take place on Thursday,March26,from9:oo P.M. to 12:00 P.M.. at Mulligan's NightClub (1669 Hertel Aye.). KenyattaAwards Ceremony and Reception - You are cordially invited to attend the annual Muhammad I. Kenyatta Memorial Awards Ceremony and Reception. The event will be sponsored by the Black Law Students Association, Latin American Law Students Association and the Asian American Law Students' Association. The ceremony will be held at the Centerfor Tomorrow, onApril 1st at 7:00 P.M.,and studentsare also welcome to bring an additional guest. We look forward to seeing you onthis most important occasion, and weask thatyou please takethis opportunity to honor our graduatingthirdyearclass. Ifyou are going to attend the Awards Ceremony and Reception, please inform us ofthis by leaving thefollowing note inBox 98 by March 27, 1992. The GraduateGroup forFeminist Studies presents The Third Biennial Symposium on New Feminist Scholarship The symposium will beheldMarch 28 from9:ooamtos:ooP.M.intheUßCommons, Room2oo. Thesymposiumwillincludethefollowinghighlights: Aysegulßaykan (Women's StudiesProgram, University ofPittsburgh): "The TurkishWoman: An Adventure in Feminist Historiography." Hilary Charlesworth(Faculty ofLaw, University ofSidney, Australia), & Shelley Wright(Faculty ofLaw, University ofSidney, Australia): "Women and the International Politics ofFood and Hunger." Karen Engle (Program Director, Ford Fellowships in Public InternationalLaw, Harvard University): "Female Subjects ofPublic International Law: Human Rights and theExotic Other Female." Aline Helg (Department ofHistory, University ofTexas at Austin): "Black Women inthe Making ofthe Cuban Republic." KamakVisweswaran(DepailmentofAnthropology,NewSchoolforSocialßesearch): "Searching for the Indigenous: Gandhian Feminism in Nationalist Context." TheAnti-RapeTaskForce presents Dr. Bernice Sandler, Senior Associate forthe Centerfor Women Policy Studies, Washington, DC, speaking onPeer Harassment. This isa keynote address for Not for WomenOnly 4/2/92,The Second Annual Forum onViolence Against Women. This event will be held on Thursday, April 2,1992 at 12noon, in the UB Commons, Room 200. This event is freeand open to the public. For more information, call 636-3322. Law School Semi-Formal Saturday, April4, from 9:00P.M. at the Center for Tomorrow. The cost is $ 12.00perperson, andall are invited. Amenities will include threehoursofopen bar, finger food.aD.J. and the opportunity to getsort ofdressed up. Tickets are on sale this week. SBA Notices On March 25 and 26, Executive Officer Elections and University Council Elections will be held from 9:00am to 4:00 P.M. in front ofthelaw library. Bring in your I.D. All law students eligible to vote. On April 3, a budget hearing will be held at 2:00 P.M. in Room 106,0'Brian Hall. All are welcome. OnApril 17,all reimbursement requests must be turned in to SBA in order to process them by final exams. All requests turned in after April 17 will wait untilafter finals and for the new executive officers to be trained in the accounting system. AsianAmerican Heritage Week TheAsianAmerican Law Students'Association presents Asian American Heritage Week. Events are as follows: On Monday March 23, at 12:30 in the first floor lounge, The Honorable Dorothy Chinßrandt(NewYorkCity CivilCourt Judgeand CommissioneronNew York State JudicialCommission onMinorities) will speakon "Asian Americans in the Judiciary." On Tuesday, March24, at 11:30inthesecond floor ofO'Brian, an Asian Food Fair will be held, with samplings ofa variety offoods foronly$3 a plate. OnWednesday, March 25, at 3:30 P.M. in the firstfloorlounge, Rockwell Chin (NYC Commission on Human Rights) will speak on "Anti-Asian Violence: Documenting theIncidenceofHateCrimes." And finally, on Thursday, March 26 at 12:30P.M. in the firstfloor lounge, the film "Unfinished Business", an Academy Award nominated film. Peter Shaw Peter Shaw ofthe National Association ofScholars will be presenting a talk entitled, "Overthrowing the Canon: The Self-Defeating Revolution in the Humanities, Law and Literature." The talk will take place in the MartinRoom in567 Capen Hall at 4:00 pm on April 7. This talk is co-sponsoredby The Federalist Society and the Intercollegiate Studies Institute. Law Revue Showcase yourtalents! Can you sing, dance, act, do stand-upcomedy,play a musical instrument, impersonate aprofessor, orjuggle while in a handstand? LawRevue isthatrare opportunity for you to impressyour future colleagues with any talent, skillor lackthereof in a social,non-legal (not to beconfused with illegal) atmosphere. Start working onyour skits, acts or otherperformances now!!!!!!!! Law Revue will be held in late April at a place to belater determined sponsored by the SBA. - LAW STUDENTS INVITED TO PARTY WITH ALUMNI UB Law Alumni Associationinvites all current law students to attend a cocktail party with the Graduates ofthe Last Decade (The GOLD Group) onThursday, March 26 from 5 p.m. to 8 p.m., at Garcia'sIrish Pub, 74 Pearl Street, in Downtown Buffalo. Pizza, wings, and hors d'oeuvres will be served continuously, and a cashbar will be available. Cost is $6 in advance and $7 at the door. If interested, RSVP by March 23 to the UBLaw Alumni Office in 318 O'Brian Hall, Amherst Campus 14260 or callIlene Fleischmann at 636-2107 for more information. Hosts ofthis soireeare theGOLD Group Steering Committee: CatherineT. Wettleaufer '85, Chair and WilliamC. Altreuter '82, Mary C. Baumgarten '89, Michael J. Biehler '88, RichardS. Binko '82, RobertL. Boreanaz '89, Mark E. Brand '88, Margaret R. Burke '86, Elena Cacavas '85, Joan E. Casilio '87, Lynn A. Clarke '83, George W. Collins Jr. '84, Douglas W. Dimtroff '89, Paula M. Eade '90, John P. Feroleto '82, Richard A. Galbo '84, Andrew C Hilton, 111 '84, Edward J. Jozwiak 111 '88, Kathleen M. Kaczor '89, Richard P. Krieger '90, Edward J. Markarian '85, Hugh M. Russ, 111 '87, Susan W. Schoepperle '88, and Kevin T. Stocker '90. March 24,1992 The Opinion 11 �[ I T New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1J | � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/218626eedd370d55ef1746660d0ff240.pdf ea0a3267881969b01fdd4247cdda72f3 PDF Text Text THE ONION Volume 32, No. 15 April 7,1992 "All the News that Fits in Print!" Professor Blum Named to Succeed Dean Filvaroff by Schleegel Beagle OnThursday, April 2,1992 SUNY at Buffalo School ofLawnamed Professor Jeffrey Blum as the man to replace Dean David B. Filvaroff at the helm ofthelaw school. Dean Fil varo ff sresignation goes intoeffect on July 1,1991.SUNY-Central announced thenewsat acombinationpress conference-depositionof several members oftheSUNY community. '' Prolessor Blum has exhibited a genuine interest in the inner workings ofthe law school administration and its practices. By sticking him with the deanship wefeel wecan achieve a number ofobjectives; first, we fill thepost andcomplete discovery motions within the wording ofthe same contract, and second, we settle the case becaue he'll be an indispensible party onboth sides ofthe litigation, ergoand ipso facto - conflict ofinterest, " explained Provost Levy (just visiting). Dean Filvaroff described himself as a happy manwhocan now "pass onthetorchand bury the hatchet at the same time." Professor Blum wasfloored by the announcementand is said to be seeking damages against SUNY Centralforintentionalinflictionofemotional distress. "I've seen somehardball litigation, but this maneuver takes the cake,'' exclaimed Blum. Twomen, one vision for thefuture of U.B.Law. Dean-Elect Blum (left) and LameDuck-Dean Filvaroff. After 3rd Attempt,Angela Gotti Convicted Afteramonth long trial,a juryoftwelve convictedreputedracketeerAngelaGotti. The very visibleinformation peddlerwascharged with the criminal use of university facilities, variouscomputercrimes, fraud, andconspiracy. The jury deliberated for three hours before rendering the verdict. The highly publicized trial was highlighted by Goth's flamboyant style of selfrepresentation. ''She badgered and verbally assaulted prosecution witnesses oncross examination with the ferocity ofa doberman," noted District Attorney Dick Littlehead. "Once she had them, she wouldn't let them go." During the direct testimony, Gotti engaged in strange, ritualistic stretching exercises, and offeredno explanation as to why. Littlehead credits the verdict to the testimony ofaformer Gottiassociate known as The Cannibal, whorevealed many ofthe inner workings ofthe Gotti organization. TheCannibal said on the stand,' 'Angelaknows about everything goingoneverywhere. Andwhatshe doesn'tknow, she can find out. I pity anyone The Federalist Papers who standsinherway." The D. A. attempted to link Gotti to the disappearance oflaw students at the University At Buffalo School of Law, but couldn't makeastrong enough case to support theallegation. Twice before Gotti was tried, but the proceedings were declared mistrials as the jurorsdeclared themselves unable torendera verdict. "Personally, I was afraid ofher, and what she'd do to my family," confessed one former juror. ' 'You never know what she's thinking, it'sweird." Thejury's ability toconvict in thiscase wascredited to the extraordinary security used toprevent Gotti from learningthe jury's identity. A special visor and muzzlewere used to restrain Gottiwhilethe juryentered and exited the courtroom. ' 'Wealso had a special nose filter, I swear she could sniffthem out if she wanted to," Littlehead stated. Whenasked to comment on the verdict, Gotti simplyresponded,' 'I'm putting youall on notice, I' 11be back!'' Goes Left, Readership Goes Up Readership ofthelast issue ofthe Federalist Papers shot up after readers realized that the editors had printed an issue made up exclusively ofliberalresponses to the conservative diatribe which usually appears in the publication. Tired ofrunning rehashes about the liberal-minority conspiracy against Europen Americans, the evils ofaffirnative action, and scientific treatises on the benefits ofeugenics, theeditors decidedinstead to print thebacklog ofresponses they had been saving in a box labeled "intolerable leftist blabber." Several Federalist Society members, uponlearning ofthe exclusively liberal issue, wereecstatic. Afteran entire yearofclamor- ingfor responses to theirarticles, they finally learned that some students in fact didread their scribblings. These writers, who invariably solicited attacks from the left at the end of every one of their articles (so long as the responses were not ad-hominum [warnings against ad-womynum attacks have yet to appear in The Federalist Papers]), could be seen this past week watching other students in the mailroom reading rather than trashing their publication. Onegroupoflawstudents.however, was indignant. The SWATS2G, or Students Worried About Where Their$2 Go, wereheard to complain that no oneever responded to their newsletter in suchafashion. A memberwho NY ELLS TREBZUT ALL!!!! by ElmerFudd, StaffWriter Newlyelected SBA President WiluamF.Trezevant(alias "W.F. Trezevant", ' 'Trez'')refused to commenttoday onallegations madebyGessica"Bubbles"Bouquet that he participated in illicit love trysts prior to and contemporaneous with his bidfor the semi-oval shaped office. "Hemade good on his promise o fa barrister's ball," said Ms. Bouquet. Ms. Bouquet statedthat she wasfirstattracted toTrezevantbyhisenormousposters. She providedphotos andtapedrecordings ofthe student executiveregailing her withtales ofhis "Fed connections and Phi Alpha Delta exploits. The tape contains whatis alleged to beTrezevant's voice statingthe following: WT: "The ÜBMafioso keep bugging meabout this SASU thing. I think its somekind oforientalcuisine.'' GB: "Never mindthat. Didyouget the trapeze?" Michael Radjavitch, who was defeated in the presidential election, berated voters, commenting, "I told them they should've elected me...1 never slept with anyone!" Thisassertionwas immediately challengedby approximately six students whohappenedtobepresentinthehallatthe time it was made. wished to remain anonymous stated that the "SBA gaveusmoney last year sothat wecould publish a newsletter in which we revealed where everybody's $2 arereally going, yet no onereads it. Weare concernedthatthere could be a constitutional issue issue involved here, and whenwe get around to printing that newsletter we weregiven money to print and which wearealways talking somuchabout, you'll see what we mean." Students have had mixed reactions to Blum's new status and some had no desire to hidetheiropinions. "BlumasDean? Wow," said Dean Hanley, clearly expressing what wason every srudent'smind. Professor Blum has already outlined somechanges in theadministrative procedure for granting tenure. "It's a cross between 'Wheel ofFortune' and Russian Roulette, but without the bullet or Vanna White." he explained. "The new process would remove years oftoiling in vainby doomedprofessors and increase revenue at the same time, expecially when a contestant (prospective appointee) decided to buy a tenure review hearing ora favorablerecomendation.'' '' I could work with him,'' gushed exAssistan Dean Schlegel in excited tones. "Dean Blum just the sound gives me goose bumps." AssistantDean Boyercredited superior credentials in Blum as a candidate in a terse pressrelease that siply said,'' Better him than me." Predicting dramatic results in the school's ranking, Audrey Koscielniak commented, "TheGourmanreportpeoplearegoing to have an embolism.'' OPINION BRAIN WAVES STUDIED by Dr. JaneGoodall Through themiraclesofmodern technology, scientists have finally developed a technique to untap theamazing thought processes involved in the birth of an Opinion article. As each new cache ofinformation is being created, small electrodesare planted in the writer's head to tap into the exact mental images as theyare being born. This new technique wastested today on The Opinion's illustrious News Editor, Saultan Baptiste, as he performed the miracle ofthought involved in writinga news article worthyofpublicationin the distinguishedpaper. Here's an excerpt from the seven hour recording ofthatprocess: 8:15 pm-"Hmmnimnimmmmmm.'' 9:15 pm-" 'Leonard Jeffries spoke at UB today.' Thatsentencelookso.k. But.wait aminute..." 10:15pm-"Change' Leonard Jeffries spokeatUß today' to "Today at ÜB, Leonard Jeffries spoke.'" 11:15pm-"LeonardJeffriesspokeeloquentlyatUBtoday." Yeah,that'sriveting!" Theonly drawback to this technique is thatthe scientists do not have the funding to supply the voluminousamountsof tape needed fortherecording machine. Highlights Meaning of Life...3 Special Fiction Section: Great Sex Opinion EditorsTellYou H0w!..."5 - Drama in Real Life: Chiappinelli chews off leg to save life in Beane center Parking L0t...4 �Kinda Like an Anthropology Study or Book Preview,Who Knows Tales from the Trenches by known as the Man in Black, into the Dudley Stephens An excerpt from the soon to be published book on warrior tribes I've been covering wars for the past forty years. I've seen bloody skirmishes involving territory, religion, and the price of dog food. But never in my life have I seen or experienced the savagery of the human spirit so greatly displayed as I have withthe tribeknown as the Essbeeay. They are composed offierce, butrelatively intelligent individuals who do nothing all day but find ways to attack each other. While I was in their midst, they were very kind to me. However, I always watched my back. I could sense thatunderneath the surface, they were waiting for an excuse to take me down. My first night in the camp, I could hear them arguing in the distance. Rahburts Rools, the tribe's god, was invoked many times. Then the spears started to fly. The Fisherman struck the first blow, plowing the tribe's shaman, local drinking hut. The Fisherman's close associate, Not-the-Fisherman, entered into a fierce psychological battle with Eddward thetribe eugenicist. In a surprise move, however, Not-the-Fisherman physically went after Fed-Ed, thetribe's strange basketball coach (Yes, they have a basketball team, go figure.) In the distance, Hershburger plotted against many of those in the Essbeeay, after others within the fribe formed an alliance with another tribe, the Sasoo. Hershburger stirred a pot of snake venom and poured it on as many of the Essbeeay as he could find. In response, the Madman, the tribe's chief and high priest, called upon Rahburts Rools and put a long lasting curse upon Hershburger. Outside the village walls, the Bearded One, who voluntarily left the tribe, roamed with Otac, his dog and Joe, his camel. He took me away from the tribe, but I knew I would be back. There was so much more to learn here. Of Lust, Libido, and Lascivious Behavior In our zeal to correctpast wrongs we have transformedPC from Politically Correct intoPrurient Constraint. This became abundantly clear, when thepresent lame-duck-Editor-in-Chief John "Don'tTouch" Licata exploded in a tirade ofpuritanism after our very own Sultan "Don't mention My Harem" Baptist disappeared for the twenty-seventh time allegedlyto work on his news article. The article in question ended up as twelve column inches, with Mr. Baptist asserting in his defense,' 'Twelve inches is a perfect length." However, Mr. Baptist's defense received a much needed boost when at the very moment ofconviction by the judge, jury and high lord exectioner, John "Don't Touch" Licata was confronted by a Vito-tape of our John on the boat "Monkey Business" with "Angela Gotta Have John" sitting on his lap. A second Vito-tape exonerated Mr. Baptist as having been at church carefully editing the first five books ofthe Bible. At the same time, Andrea '' Single-n-Available'' Sammarco was busy learning to squeeze and massage from The Roman who was quoted, "It's an old family secret. .and I don't want to be here all night. Man I gotta sleep." The deviant sexual behavior of Onion staff members has not left Darryl "Darkman" McFierceson unscathed. In his recent article "No Man's Opinion," Darryl expressed his sexual frustrations as a black man in black clothes. Darryl stated "handling briefs in the dark can be lonely." Agreeing with Darryl' s proclivity,Bill "Play with myPez" Trezevant, said "the tricky part to this thing is gettingthehead to eject its contents.'' . GIVE UP Opinion People Creating another Masterpiece HOW MUCH 15 TW PO&E 01 THE WINDOW? WHEN SCOTT SAW ONE had AMD m, J JE* &m!Mp?) C^K^ml wrlE f-I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1992-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 32 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5369b6846a540e9f2fd76ea9460d4a0b.pdf 9b257742874aa97ea151cc3bb6dd361e PDF Text Text Volume 32, No. 15 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 7,1992 First Year Jessup Moot Court Team Dominates For the second consecutive year, the first-year JessupInternational MootCourt team from UBdominated theannual Fasken CampbellGodfrey Competition. This year's team, whichconsistsofDrewPinkney, Simon Conte, JohnCraik, James Lynch, Kedra Burgos, Kristin Graham, Jackie Jones, and Doug Sylvester, successfully defended ÜB'stitle, thereby insuring that the' 'Best Team plaque wouldremain in Buffalo for yet another year. TheFaskenCampbellGodrrey(FCG)Competition is an annual event for first-year law students, sponsored by Toronto'stop litigation firmofthesame name. The focus is on international law, and the competitors appropriately hailfrom both sides ofthe border. For the past four years, FCG has invited two American teams (Buffalo and Syracuse) and two Canadianteams (Toronto and Queens) to compete. FCG is currently consideringCanadian Osgoode Law School's The 1992 Jessup International Moot Court Team. Standing: left to right. Jay request to join the Competition, as well as the entrance Fleischmann, Marc Remling, Jaqueline Jones, James Lynch. Doug ofanother team from the U.S. in order to maintain Sylvester, Drew Pinkney, Lisa Dalfonso, John Craik; Kneeling: Simon Conte, Kristin Graham: Missing: Kedra Burgos, Josh Kimerling. Canada-US. equilibrium. petition by the members ofthe Regional Teamwhichadvanced to the World This year'sproblem wasaportion ofthe Jessup in Washington, D.C. It involved asituation similar to that presented by Cup Moot Courtproblemdesigned especially forthis ComtheGulfWar. In violationofU.N. Security Council Resolutions, thehypothetical state ofAtlantis invaded the hypothetical stateofßergenia, inorder to protect and defendtheEthlantians, aminority groupofthesame ethnicity as the people ofAtlantis whoresided in a province of Bergenia. The Pro-Choice Forces Prepare to Meet Enemy As the winter snowsrecede, Buffalo will soon be a hotbed ofactivityrevolving around theabortion issue. Randall Terry and his minions have targeted the Queen City and have vowed to shutdown selected clinicsinaWichita-likeassault. Hislegions ofdoomare scheduled to begin their siege onAprill6th. In response, severallocal pro-choice organizationshave been working diligently to frustrate Terry's tactics and defend a woman's right to choose. A "National March and Rally for Choice" has been planned for Saturday, April 11 at 11 am. in Prospect Park(PorterandNiagaraStreets). There isalso a Rally for Choice scheduledat Niagara Square on Sunday, April 26 at 2 p.m. Inaddition, Buffalo UnitedforChoice has been holding clinic defense training workshops, and the Pro-choice Network (PCN) has been training volunteers to work as escortsat clinicareas. PCN hasalso gone back before Judge Arcara in an attempt to expandthe zoneofprotectionat the targeted clinics. UB Jessup Team by Frank Housh in DC emotional third-round match, giving Costa Last week, UB Law School was repre- Rica their onlyloss and preventing them from sented for the first time in its history at the advancing into the finalround. The Jessup competition, as a matter of Phillip C. JessupInternationalLaw MootCourt Competitionat theMayflower Hotel inWashpolicy, allowsonly twooutoftwentyUSteams ington, DC. The team ofThomas Cannavo, intothe quarterfinalround ofeightteams, and Henry Nowak, PeterGrubea, Daniel Deßosso, the US was represented by the 1 Iniversity of and Frank Housh as of-counsel was among Washington and the University o fPennsy lvaforty-two teams from all over the world that nia. The University ofWashingtonadvanced to thefinal four, but was beaten by Singapore. competed in the nine-day event. The teams prepared briefsand oral argu- Singapore met France in the finaj round and ments regarding a hypothetical fact pattern France won the JessupWorld Cup forthe first thatwasbased upon thewar in thePersian Gulf, time in its history. Although the team from as well as ona separate set ofissues involving Buffalo didnot make thefinal eight,they made treaty interpretationand the international trade an impressive showing and gained valuable ofoil. The fact pattern contained issues such experience at thelargest moot court competias the use of force under the UN Charter, tion in the world. humanitarian intervention, laws of warfare, The Jessup competition was held in internationalenvironmental law, and the self- conjunction withthe 86th annual meeting of determinationofpeoples. The teamofNowak the American Society of International Law and Cannavo, representing the hypothetical that held a series of seminars on the theme nation of Bergenia, argued strongly against ' 'The Convergence ofInternational and Nateams from Wake Forest and CostaRica. The tional Law: Rethinking the Legal System." team ofGrubea and deßosso alsomade a fine Professor Virginia Leary as departing viceshowing against theUniversity ofChicago and president oftheASIL was designated chair of Malaysia. It is most noteworthy thatthe Reaseminar entitled"National Sovereignty RespondentTeam ofNowakandCannavo soundly visited: Perspectiveson theEmerging Norm of defeated the Costa Rica Team in a highly DCJessup continued on page 3 . Ethlantians, Bergenian nationals, were tortured and discriminated against by their own government. In the resulting Media Gulf War, both sides, particularly Bergenia, used advanced weaponry and questionable attacks to endanger civilians as well as prisoners ofwar. The issues discussed included humanitarian intervention, genocide, self-defense, theauthority ofthe United Nations, and variouswar crimes. Eachcompetitoraeted as an' 'agent ofone ofthe countries, and together with a partner defended thatcountry'sactions in front ofthe International Court ofJustice. Each year a different participating law school hosts the Competition. This was ÜB' sfirsropport unity to doso. Organizers Dave Geursten, Doug Secular, and Kirn Danzi were determined to so an impressive job, similartolast year's events. OrganizerKirn Danzi, 3L, admitted, "We knew we couldn't achieve our goal alone. We needed the help ofa top Buffalo law firm interested in encouraging this type of studentactivity. In addition, we looked fora firm withposh conference rooms to serve as the perfect setting for the actual 'Moots,' as the Canadians call them. We decided Hodgson, Russwas idealnot onlyforthesereasons, but also becausethe firmnow boastsa new Toronto office. Danzi added, "so we popped the big question" they accepted. Hodgson, Russ graciously provided theiroffice space, eightconferencerooms for the Moots,assistance throughoutthe day,help in arrangingall the catering,and ...Ist Year Jessup continued on page 9 Trezevant and Lee Win SBA Elections by SaultanH. Baptiste, iNewsEditor With a 59 vote lead, William F. Trezevant defeated Michael Radjavitch for Student Bar Association President forthel992-93 academic year. Approximately halfofthe law school student body voted in the SBA Executive OfficerElection whichmarks one ofthe largestturnoutofvoters inrecent years. Trezevant stated thathis campaign wasabout issuesand that his win' 'underscores theworkthathasyettobedone." Hesaid "the results reflected student concerns about the seriousness ofthe issues the school has to face during the coming school year." Trezevant vowed that "[m]y commitment, obligation and responsibility will match the trust students have placed in all ofmy Executive Board members." Radjavitch's only comment ofthe election results was that' 'the students have spoken.'' However, VicePresidential candidate,Hank Nowak, commendedTrezevant on his win. He saidthat Trezevant' 'put in a lot ofwork.. and it shows that he went out and shook that many hands." Nowak,whoranuncontestedfbrSßA Vice President; had an unexpectedly "close" race againsta large numberofwrite-in candi- dates and non votes. In total, 35 write-in candidates were submitted withBarbara I lurley getting 50 votes. Nowak felt his election results was a result ofan anti-candidate campaign lead by Marc HirshfieM, Jim Masiano and the Students for Constitutional Concerns (SCC) against Radjavitch, Kevin Collins and himself. The SCC published a Letter to the Editor in the March 24, 1992 issue of The Opinion and placed a flyer in student mail boxes stating thatthe three candidates ofthe Rainbow Party voted against including areferendum for student review during SBA elections. Theproposed referendum would determinewhetherSßAshould continue funding the Student Association of State Universities (SASU), a student lobbying organization in Albany, NY. The SCC is against paying the $3,000.00 ayear fee for SASUrepresentation however, according toNowak, Hirshfieldand Masiano made the original motion to bring SASU to UB Law School two years ago. Nowak defended his vote against the referendum by statingthat SBA was in contract with SASII andsuch areferendum may result in abreach ofcontract lawsuit. He also stated Elections continued on page 3 Highlights Senate CandidateVisits UB Budget Hearing Story Pro-Choice Rally Presidential Candidates 3 6 & 7 -10 10 �PIEPER PEOPLE PASS THE NY BAR EXAM The Bar Course That Cares. •• • • • For information see your Pieper Reps or contact: PIPER NEWYORK-MULTISTATEBAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 Telephone: (516)747-4311 PIEPER REPS.: Trini Ross. Sabbv Charles Santarpia & Kirn Smith �Democratic Candidate for US Senate Visits UB law by VitoA. Roman, Layout Editor Liz Holtzman's U.S. Senate campaign is already focused on attacking the sleazy politics and questionableethicsoftheman she wants to replace. New York Senator, Alfonse D' Amato, even though shehas yet to winthe Democratic Partyprimaries. In the primaries, she faces challenges for the coveted seat from New York State Attorney General Robert Abramsandfrom formerCongresswoman and Vice-presidential candidateGeraldineFerraro. Holtzman, whose visit to UB Law this Wednesday, past April 1 st, was sponsored by the Lesbian and Gay Law Student Organization, characterizes herselfas the antithesis of SenatorD'Amato. According toher,D'Amato has consistently supported the Reagan/Bush economic policies whichhave cost New York state $ 13 billion in federal aid since 1980. He hasalsoopposed civil rights, women'srightto choose, and any form ofhand-gun control. Incontrast, Holtzman supportseconomic policies which will strengthen the infrastructureofthenation, and believesthat the tax code should become more progressiverather than regressive. She hasalsobeen involved withthe civil rights movements sincethe early sixties, when as a Harvard law student she spent a summer working as an organizer in therural South. Later, as a Congresswoman from a primarily moderate, blue-collar district in Brooklyn,she signed on to legislation banning discriminationagainst lesbians and gays. As Brooklyn DA, she fully supported measures to decreasetheavailability ofhand-guns. Throughout her speech, Holtzman pointed to herlong record ofpublic serviceto show how she stands on the issues. In her currentposition as New YorkCity Comptroller, she has seen first hand thenegative effects thecurrent federaleconomic policy hashad on ... Elections continued frompage 1 that he wanted "to uphold clear student support forSASU viatwo priorreferenda and to preserve the SASU decision for the scheduled dateofNovember, 1992. Nowak implied thathad thereferendum passed,that SASU would have beeneliminatedregardless ofthe opinion ofthe general student body. Hecitedthatthe SCC hadacorevoting block of40-50 studentsand althoughvoting turnout was large, they were successful in influencing the vote against Radjavitch and Collins. Although Trezevant would have won regardless ofthe SCC voting block suggested by Nowak, the SCC letter may havehad it's greatest impact onthe election for Treasurer. Steven Lee, who did little campaigning and practically conceeded to Collinsduringthe SBA Candidates Debate on March 23,1992, suprisingly won by a narrow 2 votes. Both Lee and Collins agreed that the SCC letter published the day before elections may have had an impact on the election results. Lee thanked the student body for their support andsaid' 'every vote counted." He said his win was a result of student concern overan issue theyfelt was veryimportant(referring to theSASUreferendum). Collins, however, expressed disappointment with the election results. He said " I hopedthat studentswouldhavevoted on the issues and what I have done for studentsas a [First YearClass Director] and not on unfortunate political occurrences." Collins said that "the SCC tends to turn things aroundand give an inaccuratereflection ofthefactsas they didwith[Dr.]Leonard Je fferies,'' referring toasimilar SCC publication distributed to students prior to Dr. JefterieslectureatUß duringFebruary, 1992. Collins commented that "these political vendettas are not my cup oftea.'' AlsoinSßAelectionnews, Bryan Brockington won a Second YearClass Di- that she felt' 'we have to spend, but we have been spending on the wrong things,'' and she reiterated herbeliefthat moneybeing spent on defense should be spent on investing in the infrastructure. What isneeded, shecontinued, '' is long terminvestment, and not investments forephemeral purposes.'' Holtzman wasthenasked that since she was not the only woman on the ballot for the senate seat, what made her the better candidate. Havingrefrainedfrommenlioning either 0 fher two opponents from her own party up to that point, sheanswered that irrespective ofthe gender, she was the betterqualified ofthe two. She pointed to herexperience at thefederal and the state level, and to the record she had established in botharenas. However, she did point out one majordifferencebetweenherand Geraldine Ferraro, which was that when the "there is no reason for a two served in Congress,Ferraro wasswayedby senator from [NewYork] the MoralMajoritylobby ona women's issue which had heated up, and she was not. to support business as In response to a question on foreign affairs, she said that she would support using usual in Washington" the IMF as leverage against countries which -LizHoltzman try to sell their weaponry to developing nations, and against developing nations which fellow Congresswoman (later indicted) was seek to spend theirmoney on weaponryrather heard to say about her on tape: "she's too than development. honest to trust." Afteranswering several otherquestions, Holtzman concluding her remarks to she concluded her discussion by saying that thegroupoflawstudentswhohad cometohear should shebeelected to the Senate, shewould herspeak by sayingthat" there is noreasonfor try to get on the Senate Judiciary Committee asenator from [New York] tosupport business because the Justice Department meritswatchas usualin Washington." Instead, shecontining, andbecause the "neck-tiebrigade" (borued, New York needs a senator who "will rowing AnnQiiinn'sphrase) which currently shake things up." She then answered quesmakes up that committee, has permitted the tionsfrom theaudience. last three Supreme Court nominees to parade The first question put to her was in the before it withoutfully disclosing where they form of a generalized complaint about her which is so stood ontheright-to-privacy issue sounding simplyas a candidatewhoplanned to crucial all the women ofthis nation today. tospend, spend, and spend. Holtzman replied lenges duringjury selection solely based on the juror'srace. Her work on the work site safety issuetookherbeforeCongresstotestify against the lax OSHA standards which were currently in existence,andherworkon thejury pre-emption issue took her office before the U.S. SupremeCourt. Holtzman also served four terms as a Congresswoman, duringwhichtimeshe sat on the Budget Committeeand served as chair of that Committee's Task Force on State and Local Government. Shewasalsochairofthe Congresswomens' Caucus, supported the women's movement, sponsored legislation extending the ERA ratification deadline. As chairofthe Sub-committee on Immigration, shewas about tocome under the scrutinyofthe FBI during the ABSCAM operation until a Photo: Paul Roalsvig Liz Holtzman, current New York City Comptroller, seeks to become the Democratic candidate for the US Senate racethisfall. the city and the state, and feels it should change. She wouldredirect money currently spentondefensetosocialprogramsinstead. As comptroller, shehasalso hadahand in divesting the city' smoneyfrom South Africa, introducing legislation outlining environmental goals for the city, persuading the city'sretirement fund to file suitagainst acompany which systematically fired all lesbian and gay employees, and ofconducting a study into gender bias in the city's school system textbooks. Before becoming Comptroller, she served two terms as Brooklyn DistrictAttorney. Whileinthatoffice,shehelpedreformthe state'srape statutes, setup an environmental work site safetyagency, and took the position thatneitherprosecutors nor defenseattorneys should beallowed to make peremptory chal- SBA Executive Officer c Election Results PRESIDENT Candidate Number ofVotes �William F. Trezevant 210 151 Michael Radjavitch Write-inVotes 21 No Vote 14 Total 396 VICE-PRESIDENT Candidate Number ofVotes *HankNowak 217 Barbara Hurley(write-in) 50 OtherWrite-ins 60 No-Vote M Total 396 TREASURER Candidate *StephenLee KevinCollins Write-ins NoVote Total SECRETARY Candidate *BridgetCuUen Write-in NoVote Total Number ofVotes 183 181 13 J2 396 Number ofVotes 264 52 m. 396 Second Year Class Director Replacement Elections Candidate *Bryanßrockington JohnJablonski BobGormley Write-in Total Number ofVotes 53 19 2 _5_ 79 the SBA Replacement Election onThursday Apri12,1992. The seat washeld by Erik Marks who recently resigned. Brockington will holdhis SBA position until theGeneral Class Director Elections to beheld rector seat in next fall. Buffalo First year JessupInternational Moot CourtTeam assistance under tightdeadlines. Anna Maria Nikander made the travel arrangements and Democracy in International Law," and was fielded desperatepleas with goodhumor and among theBuffalo contingent inWashington. support. The team would also like to thank Buffalowasalsorepresented at the3lst meet- ProfessorsLeary,Finley,Newhouse,andßussel ing ofthe International Law StudentsAssociaBarsh who spenta number ofeveningsjudging tionandthe 1992NationalConference oflnterpracticerounds in preparation for the compenational Law Journals,also held in conjunctition. tion withthe Jessup Competition. Finally, the Buffalo team would like to The Buffalo Jessup team wouldlike to go onrecord withourcongratulations for the thankthemany peoplewhose unfailingsupport FrenchchamptonsriipteamofNinaEllin, Hywel allowed us to compete for the Jessup World Robinson,WendyBarnard, PeterGriffenDavid Cup. TheßuffaloJessupMootCourtExecurive Reed, PierreLastenouse, and MariannePotter. BoardofSeanGalliherandDanViradidmuch TheFrench team developeda specialrelalionofthehardworkneededtogetthearrangements ship withthe team from Buffalo, and wehope made. Dean David Filvaroff made himself to havethe opportunity to see themagain next available to the team and provided valuable year. ...DC Jessup, continued from page I GIVE BLOOD APRIL 13 & 14 April 7,1992 The Opinion 3 �OPINION (EBi Volume 32 No. 15 April 7, 1992 Editor-in-Chief: John B. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie A. Lesh News Editor: Saultan H. Baptiste Features Editor: DarrylMcPherson VitoA.Roman LayoutEditor: Michael Radjavitch Photography Editor: StaffWriters: Kevin P. Collins, W.F. Trezevant Photographers: Paul Roalsvig Contributors: MikeAvitzur, Bill Kennedy, GarySimpson Editorial In thewake ofthe budgetaryblockade blustering at U. B. Law, Theresa Pearson died taking any chance of using her organs for transplant use Ann with her. For those unfamiliar with the name, Theresa Ann was the child born without most ofher brain, having only a brain-stem which maintained her basic life functions. Mr. & Mrs. Pearson, Theresa's parents, tried to get the Florida Supreme Court to declareTheresa legally dead for organ donation. Biologically, the lack ofoxygen to the body allowed for carbon-monoxide buildup which rendered the organs useless before death occurred. Lawyers were lobbyinglegislators inFlorida in an attempt to change the lawregarding the moment when death occurs. Sadly, Baby Theresa's plight was obvious to themedical world whilethejudiciary inFlorida remained blind to reality of thesituation. A baby in Western New York, Baby Kristin, is searchingfor a heart transplant and faces a considerably shortened life expectancy ifa heart is not found. Perhaps the legal forum for torts can be expanded if judges/legislators were heldaccountable for legal malfeasance. Technology has createdquestions at both ends ofthe life-death motif. Premature children and abortion rights are prominent agents for change in the legislature while comas and living wills are at the other end of the spectrum, re-defining the meaning attached to life. Against all of these stands "State Interest" to override the desires ofthe individual. While a Florida Court may not consider this issue one of 'great public importance," there can hardly be an issue ofgreater importance to the individual thanthe question of existence. The tragedy surroundingBaby Theresa's death is that it may cost other children their lives due to a legal standard that is static and obsolete. This predicament should cause the profession to realign its focus regarding the objective ofthe lawand how notto pursue an ideal to theludicrous extreme. Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpressconsent oftheEditors. The Opinionispublished everytwo weeks during theFall andSpring semesters. Itis the studentnewspaperoftheStateUniversity ofNew Yorkat Buffalo School ofLaw. The views expressedin this paper are not necessarily those of the Editors orStaffofThe Opinion. TheOpinionis a non-profitorganization, thirdclass postage enteredatßuflalo.NY. Editorial policy ofTheOpinionisdeterminedbytheEditors TheOpinion isfunded by the SBA from StudenVLawFees. TheOpJnion welcomesletters to the editorbut reserves theright to editfor length and libelouscontent. Letterslongerthanthreetypeddoublespacedpageswillbeedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent via Campus orUnited States Mail toThe Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)636-2147 orplaced in law school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideas expressed inthe "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial BoardofThe Opinion. VOTE TODAY Opinion Mailbox If You Want To the Editor: Mr. Tirpak has complained bitterly about what he perceives as a lack of ideological diversity among several departments at ÜB, in particular both the Law School and the Department ofPolitical Science. From his perspective UB hasbecome a bastion of leftist-thought, a place where candidates for faculty positions are usually not hired less they be "politically correct." I offer a counter-theory: maybe it' s not a matter ofliberals taking over academia somuch as itis conservativesthat abandoned it. As the onlygraduate studentofcolor in ÜB's Political Science Department, and as one ofonly a handfulat ourLaw School I am painfully aware ofthe lack of diversity atUB, both in termsofour studentbody and ourvarious faculties. The same argument can bemadeabout thelack ofwomen professors. Thecold hard facts are that ifwe want more Women, African-American, Latino, and Native-American professors we have to encourage more of these highly qualified students to go for their doctorates and otheradvanced degrees. We can not have an ethnically diverse faculty unless we have an ethnically diverse body of graduate students. The same principleappliesto Mr.Tirpak'sconservatives. Heshouldhave suspected by now that we do not have more conservatives in American universities because many ofhis undergraduate conservative colleagues decided forfinancial,andother,reasons to forgoanacademic vocation. Mostconservative undergrads knowthatyou willprobably make more money practicing law or owning yourown business than you could as a professor. That's one ofthe sadrealities ofthe teaching profession today. IfMr. Tirpak feels thereis an ideological hegemony in academia he should ' 'put his moneywhere his mouth is and go to graduate school and encourage those who think as he does to do the same. He should encourage his fellow conservatives to give upmoreprofitable career options in favorofsupplyingthis countrywith more right-wing instructors. If, in his view, there are notenough conservative professors than he shouldbecome one. Ifthere is a problem, stop wasting time and become apart ofthe solution. It'sthat simple. Amilcar A. Barreto-Marquez Graduate Student ofPolitical Science and StudentofLaw at SUNY-Buffalo SBA President Clarifies Misrepresentation .To the Editor: OnMondayMarch 30,1992. The Spectrumpublished a letter to theeditor entitled "UB Law School hires and awards only those professors who are 'politically correct.'" Theletterwas written by Mr. HansTirpak, alaw student, who signed the letterVice-chairman UB Federalist Society and Director UB Law Student Bar Association. The signing ofthe letterin thismanner gives the impression thattheStudent Bar Association endorses Mr. Tirpak's viewsand that Mr. Tirpak is the " head ofthe Student Bar Association. Both of those impressions are false. The Student Bar Association is an elected student governmentconsisting ofan Executive Committeeofa President, Vice-President, Treasurer, Secretary and eighteen (18) class directors (six from each of our three class years). The Executive Committeepositions are voted upon by the entire law school population while the eighteen class directors are elected by their respective classes only. The twenty-two positionns are collectively entitled the Student Bar Association's Board ofDirectors. Mr. Tirpak is one ofsixclass directors forthird yearlaw students. Mr.Tirpak' s views are his own and may, ormay not, by shared by members oftheStudent Bar Association. However, it must bemade absolutely clearthat the Student Bar Association's Board of Directors, as an elected student governmentalbody, has not endorsed Mr. Tirpak's views, has not debatedthem and has not seen any evidence to supporthis claim. I offer this clarification notto criticize either Mr. Tirpak or The Spectrum butonly to inform the studentbody ofUB that the Student Bar Association has not taken thepositionthatUß'shiringpracticesare discriminatory. Thank you foryourtime. Sincerely, Brian P. Madrazo President, Student Bar Association SBA Action GeoffTager rnFTJplrllon AprH7,1992- Provide Food forThought Dear Editor: I have been consistently surprised ny the actions ofthe SBA this year. However the budget meeting this Friday was an exceptional piece ofwork. Not Only has the SBA slashed group budgets while adding a line for their own assistantposition, buttheirlet themeatcake" attitude was mainifestby the spread they provided for the meeting. Where are your priorities? Curious, 4 Diversity, Do SomethingAbout It: A Response to Hans Tirpak �One Man's OPINION Constitution Does Not Reflect Reality those we most egregiously oppressed were Commentary byGary Simpson by DARRYL McPH ERSON I've been talking about politicsalot lately. The subject hasbeen consuming the news media, and has been rather prevalent in thelaw school. In the last few weeks I've madea few observationsand nowI knowthe system is totally screwed up. Before I came to law school, I was pretty naive politically. I believed there was always a clearly goodcandidate and a clearly bad candidate, and that the most qualified candidate wi >uld always win. Now I'vecome torealize that that can't possibly be true. Many candidates for highpublic office are not only representatives ofthe people who elected them, but are also servantsofwhateverpersonal or private interest that drives him. Don' t let anyone tellyou otherwisepolitics is adirty game. There'srelatively little that is noble i>r righteous about it. I fell into the trap ofbel ie ving thatbeing avoice in government can make adifference. That is true, but only to the extent that you can manipulate opinions and sway votes your way. A solitary voice crying against what he perceives as injustice is easily drowned out by thesound ofbackdoor deals being cut. There is barely sucha thing asprofessionalism. Ifit exists, it serves as a cover to beusedwhen it'sconvenient foryour side, and is just as easily cast aside when your personal agenda is on the line. I once thought objectivity had aplace in politics, and now I doubt it was everthere to begin with. Everyone, and I'm not generalizing, is influenced by matters external 'to the' issuesathand. Values are forgedand shaped well before a subject is raised, andprecious little can recast a mind set in stone. Personality conflicts, political differences, or the time of day can play a strongerroleinthefinaloutcomeofavote than therelative value ofwhatever subject that is being considered. If one person doesn'tlike anotherperson, thatvote is lost to whatever miasma that clouds his mind because merit no longermatters. Angerand Bitterness don black robes and pound the gavel down, pronouncing swiftjudgment against their momentary enemies. But that isn't to say thatcooperation When it happens, it's a possible. isn't beautiful thing. Other times, it works in pursuit ofanother goal. A compromise in onevote is givenin thehopeofaconcession in another. Nothing stands on its own. Instead,climbinginto bed withtheDevil is done with an easy promiscuousness that rivals even the most libidinous prostitute. Whatever bad taste that accompanies the act is forgotten inthe wakeofthehopefully victoriousand sweet payoff. Mywords areharshand I intend them to be. I'm disappointed that the political realm didn't turn out to be what I thought. I'm even more disappointed that I allowed my selfto become as mucha participant in the evils ofthe system as I was a victim of it. I'm probably guilty of almost every indictment I raised above, and ifsubjected to that environment, I would probably do it all again. Though I use broad generalizations against politicians, increasingly 1find that truly goodones are exceptions, notthe rule. Perhaps it's impossible to tell a "good" one from a bad one. You can't remove yourself from your political actions. It's been said ofPresidential candidate Bill Clinton that he is dying ofambition. Personally, I see nothing wrong with having ambition, and can't fault someone Features Editor for wanting to reach the top. Then I lookat myselfand wonder: did I seek the SBA Presidency because I thought I was thebest possible candidate to serve the people, or was I onlytrying to make myselflook better? While itis possible to be both, should thatbe a goal to begin with? Is there room fornobility ofconscience and the necessities ofpublic office? I don't even know ifit's possible to take a stand anymore. There have been times when I or someone else has voted against the entire SBA Board or a vast majority ofit. The position was taken for the purpose of either sending a message, or holding onto a principle. The question is, was I taking a personal stand on what I believed, or what I perceived as the most responsible and desirablecourse ofaction for my constituents? Did anyone besides myselfreally care that I championed whatevercause? Onecan onlyhope that you're makingproper, well-reasonedchoices, and like Jerry Brown, you're eventually vindicated for your tenacity. However, itcan be a deadly game ifyou're wrong. A wrong move can,and probably will, eventually catch up with you. The way you behave or the way you view the issue are constantly under scrutiny. Tosurvive,you have to be both intelligent and politically savvy. All ofyour life, you live and think a certain way, but onceyou enter the halls of politics, manyoftheruleschange. You have . to know more than justhow toreadthetidev' v .;-'i'.3ii I \vv' \i' n< but howto ride and conquer it as well. : * Unfortunately, the game ofpolitics exists in most facets oflife. Even in areas that aren't expressly political, there is a need to manipulate people and ideas. Politics is ultimately about control. Without control, thingscan't goyourway,and you're easily overwhelmed. Every person needs an elementofcontrol in theirlives just for the sake oftheir sanity. Therefore, despite the inherent wickedness ofpolitics, it is a necessary evil. Likel said, (lie wholething is screwed up. In a recent edition of The Opinion. I happened to come across a commentary entitled "Racism is aTwo-Way Street." I have had occasion to seemany similar articles in the various University student newspapers over this academic year. I'd like to assess this particular article, however. The authorofthis commentary began with a quotationfrom Justice Harlan' s dissenting opinion in the 1876 Plessy v. Ferguson decision which stated "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.'' Perhaps someone has been playing a cruel joke on me all these years, maybe only my copy oftheconstitution refers to Africans as "three fifths" ofaperson. While I concede thatBrown v. Board of Education held that segregation was unconstitutional, we allknow segregationpersists. In fact, any one who has ever read the court's decision in Brown knows that the court realized bringing about an integrated America was not going to be easy. I Jnforrunatelythe City of Buffalo may know thisall too well; during the fall of 1991, a "USA Today" poll placed Buffalo as thefourth most segregated city out of 213 metropolitan areas polled. And no: minorities do not reside in ghetto areas by choice. Ultimately, theauthor reaches his first question: "Is the Constitution color blind?'' Well, ifone appliesa "conservative",original intent, or strictconstructionist analysis to this question, thenreading Article I, Section 2 of the constitution suggests thatcolor-blindness wasnot the intent ofthe''founding fathers. Irealize many willsay' 'wellthat's why Congress added the 13th, 14thamendments.'' Myresponse to that comment wouldbethat the 1 constitution is wonderful for patriotic mouvation, but where color-blindness isconcerned, it does not reflect reali The author next tugs at our hearts by insisting that poor whites are rejected from academic institutions due to the over- whelming numbers ofupper middleclass African Americans who take away their opportunities. The questionposed by theauthoris "Howdoesone explain to the poor white student why he was not admitted?'' MightI suggest starting with the truth? It might go something like this: A very long timeago.ourcountrybeganoppressing people of color. Notwithstanding this country's indigenous nationalities, among AfricanAmericans. To begin with, welook away their ideniities, their languages and made them slaves. And yes it's true, we amendediheconstitution to givethem Ireedom," however all the vestiges of slavery have not been eliminated. In fact, we as a society in many ways continue to discriminate against them today. For a time we discriminatedagainst them through statesiatutes (de jure segregation); and now its done more covertly through de facto or systemic discrimination. However, there area few of these individuals who have overcome these obstacles as well as others. And in a sincere effort to create a unified society we want to give them the chance to experience what we've enjoyed for the past four centuries-' 'true freedom"; as in economic and social freedom. I think that might help toexplain to that "poorwhite individual why thosemodest number of opportunities were given to African Americans and other minorities. Before moving on, Ifeel compelled to scrutinizethe author's observation ofupper middleclass African Americans who deprive poor whites oftheirrightful positions in academic settings or employment. Such statements would be more acceptable if they were based on some discernible factual source. However, Idoubt thattheauthorcould provide adequate proofofhisassertion. There simply are not largenumbers ofupper middle class African American's deprivingpoorwhitesof employment or academic positions. Such assertions are simply contrived to inspire the for the author's mes- resentment necessary sage to flourish. Next, weare treated to a comparison between the discriminationfaced by AlVican Americans and American European ethnic groups. While I resent any comparison ofthe plight ofAfrican Americans to European ethnic groups, 1 will address this mattcf. I applaud thevarious European ethnic groups forseeking freedom in America. However, America is where Africans lost their freedom While European ethnic groups were initially discriminated against upon their arrival here, this discrimination was limited in duration and pervasiveness. A fterall, how many European ethnic groups had been purposely deprived oftheirculturesand histories and systematically dismembered, raped and lynched? How many continue to suffer ...Constitution continued onpage 9 BLUMa SCevHEG.t l. April 7,1992 -ft"fr &W/ The Opinion 5 �commentary: Hate Speech Revisited by Gary Simpson university for educational purposes and that I've rarely listened to Axl Rose, thereperson is subjected to demeaning commenfore I can not say whether or not I care very tary, they are defined by the courts as a "capmuch forhismusic or hislyrics H< iwever, I find tiveaudience." See Jew v. Universityoflowa. it troublng that some indivduals use constitu749F. Supp.946,(S.D. lowa 1990). Thosewho tional vagumessand broadness to execute their are subject to such cruelty are accorded the agenda. More to the point, use ofthe First constitutional liberty of" free will" or free amendment right to " free speech in orderto choice,concepts whichare derived from the justify hate speech. right to privacy. In situations wherethe vieturn Are there limits to "free speech"? ofso called hate speech " is, in fact, a captive Clearly, even the framers ofthe constitution audience, that speech hasbeen prohibited by believed there were suchlimitations. Historithe courts. Jew v. University of lowa, 749 cally, sedition:' 'advocating" theoverthrowof F.Supp.946. the government had been illegal. After all More over,'' Hate speech by most inwhatis' 'advocating but simplythe exercise dividual assessments would be considered offree speech. If the framers truely believed ''fighting words.'' Hence, given theright set all speech was constitutional would'nt the ofcircumstances, suchinflamitory language framers have protected the right to "advocould cause rioting. It would certainly be a cate" the overthrow ofthe government. "compelling governmental interst" to preClearly the courts have determinedthat ventproblemsofthismagnitude. Thus,clearly fee speech has limitations. Weall know that all speech is hot costitutionlly protected nor it isillegal to yell "fire" in a crowded movie should it be. theatre. In certininstances, courts have injoined However, Imustbehonest. Ibelievethat racially and sexually abusive language inthe anyone who wantstoengage in speechofthis workplace, seeEEOCv.BeverageCanners. nature provide the rest ofsociety withhonest, F.2d 1067,( 11Cir. 1990). visible examples of sexists, bigots, majorreasoncertainspeechisnot,and A homophobics, religous intollerants, etc.. To should not beprotected by the constitution is that extent I guess those who want to freely because it may and generally does conflict express themselvesthrough hate speech should with otherconstitutional provisions. For in- be allowed to, so that we may more readily stance, where an individual is in a situation recognize them and may usethem to illustrate where they are compelled to be, i.e. a public toour children improperbehavior Buffalo Pro-Choice Rally Scheduled - by Jdin B. Licata, Editor-in Chief Wichita, Kansas is not an imposing city but it has become a buzzword in the ongoing debate surrounding theabortion issue. In Wichita, access to abortion clinics was severely curtailed as funding was terminated to those women unable to afford anabortion. The national focus hasnow shiftedto Buffalo as Randall Terryand Anti-Abortionactivists attempt tomake Buffalo another Wichita.'' The complexity ofthe issue cannot beoverstatedlegal rights oftheindividual and interests of the state meet in a forum completely electrified with moral and ethical choices. However, the questionremains fundamentally, a question of legal rights and accessofthepregnantwoman. Anti-Abortion activists have successfully used ' 'blockading' ' tacticsto push theaccess questionsquarely at issue. Buffalo clinics are scheduled for blockades fromApril20th to May4* byProject Rescue forces. Observers have noted that Buffalo willbecome acentral testing groundfortactics an all sides ofthe issue. Inaneffortto mobilize effectively, Pro-Choice supportershaveorganized arally in downtownBuffalo onApril 11 at 11 am in Prospect Park. The motivating forces behindtherally include Buffalo United for Choice, a group intent onmaintaining access to clinics and information by pregnant women. The goal of Buffalo United is to "peacefully keep the clinics open by out- ' 'Many ofNew York States's clinics still use nurse practitionerswho still are not allowed to mention thewordabortion. In effect, women are going for counsellingand aren't receiving any," explained Laurie Augustyniak at Planned Parenthood. The gagorderis tied/Jircctly to federal funding, makingit mandatory forany clinic that receives federal aid to comply with the order. Clinics will be given notice of the order followed by a thirty day period in which to send in an assurance of compliance with the order. Planned Parenthood, a family planning health service provider to women ofall economic backgrounds, haschosen not to take $200,000in federal funding tocontinue providing all informationrelevant to pregnant women. Ms. Augustyniak characterized Mr. Terry's tactics as' 'unlawful and dangerous to women, pregnant or not, whom are seeking medical treatment.'' The ironic element to Mr. Terry' svocalapproach is thathe is agalvanizing force forthePro-Choice side whichlacks its ownprominent, nationalspokesperson. "People whoare hesitant to voice oppositionare getting involved andmaking their voices heard. This blockade is a severe threat and people don't want to sit by and watch what happened in Wichita to happen in Buffalo," said Ms. Augustyniak. Central to the gag orderandthefederal funding dilemmais congressional hesitancy to reauthorize Title X. "IfTitleX isreauthorized this year, it will make the gag rule null and maneuvering,out numbering the ProjectRes- void,"Ms. Augustyniak said, adding thatpeople cue blockades," said Julie, a coordinator at are encouraged to make their voices heard by Buffalo UnitedforChoice. organizingand byattending thePro-choicerally Many clinics still face a gag order onApril 11"". despitethe recent back pedaling by the Bush Representatives ofvarious organizaAdministration. The lift of the gag order tions are expected to attend. Information is applies only to medical doctors workingin the available by calling Buffalo United for Choice clinic, not to the nurses ornursepractitioners. 716/8554033. * ...Constitution continued frontpage 5 humiliating discriminatory ordeals on a large scale? How many haveenduredracialassaults inwaysthat A frican Americans have in recent times? How many have recently had their children spray painted as a symbollic gesture to change their color? I believe this series of questions gets my pointacross. Ifind thenotion that onlyAfricanAmericans, Native Americans, latino Americans and Asian Americans receive racial preferenceslaughable. After all what is nepotism, patronage or favoritism when carried out by 6 The Opinion whiteAmericans. Mostofushaveseenthe"6o Minutes'' exposure ofemployment agencies inNew York City and Atlanta, Georgiawhich utilize codes to indicate their preference for white Americans. This program showed that even within race there was discrimination because the employment agencies' preferences were invariably for blondes with blue eyes. I would like to state, that I do not consider all opponents to affirmative actionracists; perhaps ignorant, unenlightened, blind to the truth, orsimply disagreeale; but not necessarily racists. Perhaps, ifI did not share the history ofslavesanddid not continue toexpc- April 7,1992 UB MINORITY ORGANIZATIONS HONOR GRADUATING LAW STUDENTS byGary Simpson Minority law students gathered on Wednesday April, 1 1992 for the 7thannual legal Methods Program (I MP) Dinner. This annual event isheld to paytribute to graduating minority law students, soon to make the transition from academic achievement to therigorsofthe professional legal world. The event was sponsored by the Asian Law Students Association (ALSA), Black Law Students Association (BLSA) and the Latin American Student Association (LALSA). This years ceremony which honored the late Professor Mohammad I. Kenyatta, was held at the UB CenterforTomorrow. Featured musical guest at thisyears event was the Buffalo Academy for the Visual and Performing Arts String Quartet. Thisyear'sCeremonial Speakerwas Charles Carr, Professor of Law. Professor Carr's message to the large and diverse audience was that "there is still [a good deal] of workfor minority lawyers to do in theircommunity." ProfessorCarrbasedhiscomments ontheMarch3l,l992 SupremeCourtdecision, Freemanv. Pitts which limited the desegregation requirements oflocal school boards in Dekalb County, Georgia which historically maintained a segregated school system. In citing statistics illustrating theDekalb County's long standing segregational practices, Cannoted that the Supreme Courtfailed to establish the link between demographic shifts and socialand economic discrimination. ProfessorCarrcalled fornovel strategies to combat the consequences ofhaving a conservative SupremeCourt. Heconcludedby saying, "cases such as this will require' 'new thinking from new lawyers." TheKeynote address was presented by Judge Hugh Scott. Judge Scottmade mention ofhis vast criminal court experience and reflected on the plight of teen-aged Black males who encounter that criminal justice system. He spoke ofthe pervasive problems faced by inner city minority youths, i.e.,low self esteem and the near absence ofparental and teacher support. He furtherexplained that such deprivation generally manifests itselfin the pursuit ofcriminal careers as a means to financial freedom. Judge Scott stressed the point thatminority lawyers can aid in creating apositivealternativeforthisdisaffected population, by taking an active role in the minority community. He strongly asserted' 'you have beaten the odds; Don't forget to reach back [into the community] and take someone else along." In an inspiring conclusion, Judge Green stated' 'becoming a lawyer is themark ofachallenging andrewarding career. Many people look to lawyers as having a unique understanding ofthe system [This reliance on lawyers] providesan opportunity to lead. Theceremonial dinner nexttumed to awardspresentations by thethree LMP student associations. Each graduating seniorreceived an award ofappreciation from theirrespective organizational bodies. Among the special award recipients were Geraldine Zang and Hyeh Jung Soh,receiving theALSA Service Awards. Frank Lee received ALSA'S-Outstanding Achievementand DedicationAward.. LALSA presented Raffael Aybar withitsAcademic AchievementAward. Shawn Jacque was presented withthe BLSA's first annual Mohammad I. Kenyatta Award which is awarded to the student who embodies the rx)sitivequalitiesofthelate,greatprofessor. In addition, all three student groups presented specialappreciation awards to Dean Filvaroff who has announced resignation ofhis post effective at the end ofthis semester. Afteramarvelously prepared meal, the dinnerconcluded witha moving candlelight ceremony in which graduating seniors passed down theirlegacy to a chosen under- - classman. Conference 1 The Law Society of Upper Canada is holding a legal history conference entitled Law. State and Society in History, at Osgoode Hall, Toronto, May 15-17,1992. More than forty scholars from Canada, the United States, the United Kingdom and other countries will present research papers on historical themes including Law in Colonial Societies; Gender and Justice; Independence of the Bar; Aboriginal Rights and Land Claims; Power, Authority and the Law; State Trials Dissent and Repression; and Sources/Methods in Legal History. Sessions will be held at Osgoode Hall, Toronto. - For information write: Dr. Susan Binnie, Research Coordinator, The Law Society of Upper Canada Archives, 130 Queen St. W., Toronto, Ont., Canada, MSH 2N6; tel. (416)947-3481, Fax (416) 947-3991 rience socialand economic discrimination, I too would oppose affirmative action. Moreover, I don' tbelieveaffirmative action makes race relations worse; I believe that those who are so inclined are racists and affirmative action fuels their malignant passions. One glaring illustration showing the necessity for initiatives like affirmative actioncan be found inthe March 1992editionof Emerge Magazine. This editionrevealed that Manufacture's Hanover received over $ 100 million in deposits in Harlem but made only $ 100,000 inannual mortgage loans there(one tenth ofonepercent). Idon'tknowthatlcanofferany comfort to those who feel they've lost opportunities becauseofaffirmativeactwn. Afterall I could offerlittleto those African Americans whoare victimsofsystemic discrimination. However I know where to place the blame for their troubles: look to those who distinguished between the races in the constitution; look to thosewho created separateand unequal school systems; look to those who gerrymander for purposes ofracial andethnic segregation; look to those who only want blonde, blue eyed employees. In concluding, I wouldlike to say that1 am grateful to all those who support effortsto enhance inclusion of minorities in this delicately woven fabric wecall America. These are the individuals whomake me believethat our society still has a chance to truely become the "land ofthe free and the home of the brave." �The Barrister Ball in Full Swing Bob Gormley does the famous Russian Folk dance. David Geursten croons Aida. the following hour, with SBA President BrianMadrazo and SBA Vice-President Kate Sullivanbreakingin the dance floor and strutting their stuff to the delight of Saturday night saw the reincarnation what of used to be a traditional eventhere at the SUNY Buffalo School of Law The Barristers' Ball. Through the efforts ofthe current SBA Board ofDirectors, especially the Social Committee, this semi-formal providedan opportunity for interested law studentsand their friends to minglein an atmosphere a bit classier than a beer-swilling party at one ofthe local bars. For the relatively low price of twelve dollars, the approximately 75 individuals who attended this event, held at the Center for Tomorrow, were treated to a very accessibleandwell-stocked open bar from 9 p.m. to about 1 a.m., all thehors d'oeuvresthey could consume, a tremendous mix of music played by second year law student Rob Pelier, and the company of some of the more colorful people at this law school. Most ofthe attendees began to arrive after 10p.m. and the dancing startedwithin -- all. Soon to follow was the ever popular dancetroupeofßobGormley.TaraFlynn and Catie Cerulli, all ofBar Revue notoriety. Before long the dance floor was filled with writhingbodies as the open bar began to overpower any and all inhibitions. At one point, the dancers were too numerous for the designated fV>or space and theyspilled outonto the surrounding area, continuing well into the wee hours ofthe morning. things considered, the evening wa.*' Jte a success. Everyone looked their best and compliments were exchanged in record numbers. The SBA may have lostmoney due to therather low turn-out, but this semi-formal will hopefully have marked the start of bigger and better things to come. 36 year old Brian Madrazo harkening back to his disco days. Eileen Groark with her hands full. Tom Salatte learns the lam-batte. April 7,1992 The Qpinipn 7 �From the Desk of the President by Brian Madrazo ELECTION RESULTS The Executive Committee elect ofthe SBA is as follows: William F. Trezevant HankNowak -President -Vice-President StephenLee Bridget Cullen Treasurer -Secretary - Approximately fifty percent ofthe school voted inthe election. TheTreasurer" s election was decided by a mere two votes. I wouldlike to thankall those who voted and wish the new Executive Committee luck next year. They formally take office on May 1 st, 1992. Bryan Brockington won the 2nd year Class Director replacement election held last Wednesday and Thursday. He replaces Erik Marks whoresigned fromtheBoardabout two weeks ago. Welcome to Bryan and thank you to Erik for his workthis year. We will miss Cato at the meetings. 1992COMMENCEMENTSPEAKERS AND AWARDS Congratulationsare in orderto JimMaisano for winning the Student SDpeaker election. Similar sentiments are due to Professor Charles Carrfor Faculty Speaker. The Faculty Award will be given to MuhammadKenyattaposthumously, and the StaffAward will goto DawnBaksh. Thisannouncement should'veappeared sooner, butgot lost in the shuffle. It's an oversightfor which I apologize. BUDGET The SBA passedthe 1992-1993 budget late on Friday nightafterapproximately five hours ofdebate and talk. Each student group was given achance to speak to, and be questioned by, the Board ofDirectors. Thebudget hearing wasthe culmination ofmonthsofwork startingwith the preparation of each groups budget, budget committee hearings, budget committee recommendations and intense lobbying. The budget is, by and large, a good one. Next year's Board will not be hamstrung byan in flexible budgetwhile the studentgroups will stillbeable to enrichthe school in the many ways that they do. The SBA will be hiring a part time employee next year to ensure that the office never again falls into the morass that the outgoing Executive Committee found it in when we took office last fall. ORTENTATION AND SPEAKERS COMMITTEE In Januaryand February I put inthis space a series ofcallsfor people interested in working on the Orientation Committeeand the Speaker'sCommittee forthe Class of 1993.1renew that call today. Ifyouare interested ineitherofthese committeesplease drop anote inmy box(449) or the SBA Office orwithDeanNewell.These are fun committees andreally make a difference so I hope to hearfrom a whole slew offolk. FINALLY A yearpasses quite quickly when youare doingsomething that you really like to do. Being President was., and is*, somejhmgj like to do. many things there is an endaqd forme the end is May 1. Therefore, this will bt thelast' 'Froftithe Desk of:..'' written by me. Although I will still technically be in office whenthe last issue ofThe Opinion comes out the new Executive Committee will be writingthat column. Therefore, I would like totake this opportunity tothank themany people who have helped us along theway. Thanks to thestaffhereat theLaw School. Barb, Cheri,Carolyn, AnnaMarie, Arlene, Marie, Sharon, and Kirn your help made my job so much easier. Thanks to Dean Cook, Audrey and Karen Waltz. Withyour help we were able to accomplish many things,from new computer facilities to more information from CDO to fairer course selection policies. Thanks also totheadministration and the faculty. Although we disagreeon many issues! have enjoyed working with you and I trust that the working relationship that we have developed will be furthered by the new Dean and the SBAExecutive Committee-elect. Thanks also to the many student committee members who have put in so much time ensuring that students are represented on the many issues affecting this Law School, from admissions to the budget to academic policy. Youlargely toil in obscurity but your effortsare appreciated. Tothe Board ofDirectors, andespecially theother members oftheExecutive Committee, it wasaprivilegeand an honor to serve with you. Thanks to Kevin, Eileen, Bridget, Kristin, Sarah, Steve, Scot,Scott, Hank,Mike, Aida,Erik, Bryan,Norbert, Hans, Marc, Sandra,Angela, Darryl, SabbyandmyExecutiveCommitteeofKale.DarylandDavid. Yourhard workmadeeverything possible. It has been a pleasure to work with you and I wishall ofyou luck in the future. Finally, thank you to all the students whotook thetime tomake SBA a viable organization, who dropped by the office withideasand suggestions, whoattended our eventsand became a part ofourtraditions, who criticizedand helpedus to grow. Withall thefrustrations ofthis job I would not have traded one second ofit because your interest and enthusiasm made it all worthwhile. Itwasa pri v i lege to have servedas President and I thank you forthe <>pportun ity. I wish each ofyou luck, especially myfellow third years, and since there will not be a' 'next time forthis writer I' 11just borrow a phrase from MASH andsay Goodbye, Farewell andAmen... Seeya. SBA BUDGET: Fiscal 1992-93 Organization Name: Student Bar Association Fund Name: Fund Number: 07 Appropriations AccountNumber Account Title 1992-1993 Appropriation AdministrativeDivision admin, assit.** 07-0200-1111 07-0200-2101' capital equipment 074)200-1102 telephones 07-02004104 duplicating 07-02004105 office supplies 07-0200-4116 travel 07-02004123 DVF speakers 07-02004124 orientation 07-02004128 unallocatedreserves 07-02004132 athletic fee 07-02004134 conventions 07-02004138 social 07-02004633 directory 07-02004635 senior week 07-02004644 fundraising 07-02004676 SASU 07-02004696 Law Review 07-02004697 organizational duplicating 07-02004692 ken gomez fund 07-0200-6123 SBIloan principle 07-0200-7123 SBI loan interest Deptartment Total: 07-0200 Administrative Division 3,500.00 5,400.00 4,300.00 600.00 300.00 200.00 delete 600.00 3,000.00 7,500.00 delete 2,200.00 800.00 delete 600.00 1,580.00 50.00 0.00 delete delete delete 30,630.00 Department 1800 Sub-Board OneContractual 07-18004130 allocation 07-18004131 accounting fee Department Total 07-1800 Sub-Board OneContractual 3,240.00 9,000.00 12,240.00 GROUPS: DepartmentTotals 07-0621 Center forPublic Interest 07-0622 Opinion 07-0624 BfloW omens Journal 416p h iDe taPhi 07-1422 fßaflafoInterestLaivPrbgfarrfS"" 33 1 " Prison Task Force 07-1532Jessup 07-1586Desmond Moot Court 07-3401 Buffalo EnvironmentalLaw Society 07-3402 Sportsand En tertaim cnt 07-3403 Phi Alpha Delta 07-3405Federalists 07-3407 Studentsfor Constitutional Concerns 07-3409 BuffaloEnviron. Law Journal 07-6101 Assoc. ofWomenLaw Students 07-6102Black Law StudentsAssoc. 07-6103Lesbianand Gay Law Students 07-6104 InternationalLaw Students 07-6105Latin AmericanLaw Students 07-6106NationalLaw Students 07-6108Labor Law Society 07-6109 Asian AmericanLaw Students 07-6111 Hibernians 07-6112 Criminal Law Society 07-6114 StudentsForCorporateAccountability ' 2,100.00 6300.00 75000 -moo nt 1,650.00 1,850.00 1,000.00 1,350.00 45().(X) 200.00 inn 00 750.00 275.00 750.1X) 425.(X) 2,400.(X) 825.00 6(X) (X) 1,800.00 1,100.00 delete 600.00 425.00 delete 200.00 100.00 750.00 delete 07-6116TaxLaw Society 07-6117DomesficVk>lenceTaskForce 07-6118Bar Review Co-op Fund Total 007 Student Bar Association $69,670.00 Class Director Opposes Hiring ofAdministrativeAssistant byKevin P. Collins, 1LClass Director I must say that I am most strongly and sincerelyopposed to thehiring ofan Administrative Assistant. With all due respect to President Madrazo, who has put much hard work and dedication into the SBA, I disagree withhisproposalandreasoning. Firstofall,the proposed $ 5000 amount would betaken from thetotal 0f431,750 (the amoung that isleftover from the grand total of$57,130 afteradministrativecosts suchas paying Sub-Board I,every phone bill. Recreation and Intramural, etc.) with which the SBA has to fund every law school student group. Thisrepresentsalossof nearly 1 /6 or 17%oftheavailablefunding for groups, Thisproposed Administrative Assistant wouldbe hired from outside thelaw school. 8 The Opinion TheAssistant would dothevoucherpaper work of the SBA- part of the very job the SBA members were elected to do. SBAmembers volunteered to dothe job in the elected office. You cannot tell me that 22 elected officials cannot properly run the organ izationand do the necessary paper work. Does the Editor-inChiefofa lawreview get to hire someone to do citechecksand to provide "continuity?" Do other student groups that put in tremendous hoursoftime get to hire someone outside the law school to do their work for them-the very wi>rk they volunteered to to? IfanSBA member or members cannot or do not do their joband work, then they should either resign or be impeached our ofoffice. April 7,1992 This notion iswhat the SBAfought over earlierthis year- Article V ofthe SBA Constitution. Some members wanted to recieve compensation for theworkand hours they put in. However,both the SBA Board ofDirectors and the student body passedthepresent Article V whichdoesnot allow forpayment. so not that members cannot be paid to dotheir work,which they volunteered for and were elected to do, it is suggested now to hirea person from outside the law school- not even alaw student activity fees! $5000 ofourfeescanbeput to better useourstudent groups desperately needthismoney to operate- and not to pay an outside person to do the SBA's job. Further, as it stands now, thereis $3500 left in the proposed line. How viable is it to hire an outside administrative assistant withthat little amount ofmoney to pay fortwo semesters amount ofwork? How muchwillanoutside person care about thelaw school? This $3500 should go to us, the students. Please let theSBAknow how feel about this budget and the proposed administrative assistant. These are your mandatory student activity fees. Ifyouhaveany questions,i would be glad to answer them as I am a SBAdirector and was on the SBA BudgetCoimmittee. My Boxis#63o. The next and quite possibly last SBA meeting will beWednesday, April Bth at 8 p.m. inroom 210. All meetings are open and studentsare highly encouraged toattend. �SBA Passes Club Budgets byKe\'in P. Collins, Staff Writer On Friday, April 3,1992 the SBA passed next fiscal year's budget after a 5 1/2 hour meeting that lasted from 5:00 pm until 10:30 pm. The budget hearing started with each group getting an opportunity to speakabout theirproposedbudgetwhichwasput forthto the full SBABoardofDirectorsby the SBABudget Committee. The Budget Committeeconsisted ofcurrent SBATreasurer, Daryl Parker, SBA Directors Marc Hirschfield, DarrylMcPherson, Michael Radjavitch, Kevin Collins, Bridget Cullen, and students Natalie Lesh and John Rosero. Mostgroupsrecognized the current fiscal constraints facing the SBA and accepted their proposed budgets. A common theme, though, was that their budgets could go no lowerwithoutseriously hurtingtheirability to function properly. A few groups expressed dissatisfaction with their proposed budget. Most noticeable among these was the Prison TaskForce which facedaproposedsBsodollar reduction in theirbudget. Afterthe group presentations,the politicalprocess wasset in motion duringthe dinner break. Itis true thatpolitics makes forstrange bed partners. Much work went intoa behindthe-scenes compromise dealthat wouldallow thegroups that expressed gravedissatisfaction with their budgets to receive the necessary extra funding. The compromise was put together by Directors Scot Fisher, Marc Hirschfield, Michael Radjavitch, andKevin Collins, withhelpfulinputfrom incoming SBA President William Trezevant. Whenthedinnerbreakhad finished, the budgethearingresumed. Thosewhohadworked furiously onthe compromise approached the otherDirectorsandexplainedittothem. Then, SBA President Brian Madrazo stepped down from thechairand spoke. He statedthat hewas much in favor ofthe SBA getting an Administrative Assistant for the office. He said that this would allow for continuity from year to year,free upmoretime forExecutiveCommittee members, and ensure that vouchers are handled properly. President Madrazo originally had proposed that$ 5000ofthemandatory student activities fees go to hiring someone from outside the law school to do the office paperwork. The BudgetCommittee proposed $4500 to thefull Board. AfterPresidentMadrazo spoke,2LClass Director Scot Fisher made the motion to take $ 1000from theproposed Administrative Assistantline and $300from the Social line and usethatsl3ootoaddtothegroups'budgets that most needed it. He proposed thatBPILP get $150, Circles $150, Buffalo Environmental Law Journal $ 150, Prison Task Force $ 150, Buffalo Environmental Law Society $150, LGLSO $75, the Federalists $100, Law Stu- ... I stYear Jessup continued frompage 1 a lovely welcomingreception onthe eve ofthe Competition. Kirn Danzi noted Hodgson, Russ' generosityand assistance as vital factors inthe ultimate success of this year's Competition. ''Partner LanceMadden, Recruiting Coordinator JaneMcAvoy, and FCG verteran Ellen Weissman ofHodgson, Russ dideverything conceivable to assistus withthe Competitionthey were nothing short ofindispensable and we are very grateful to them.'' Maintaining the tradition which was started last year inTorontoby the 1991 Jessup squad, this year'steamswept all ofthe awards at the FCG Competition. The Best Team award, the most covetedhonor ofthe Competition, is based upon the cumulative scores of the four two-person teamsrepresenting each lawschool. Thishighhonorwasbestowedupon the Buffalo team after they successfully defeated Syracuse University, the University of Toronto, and Queen's University. Members ofthe Buffalo team were also awarded "Best Applicant Team" and "Best Respondent Team awards atthe banquet held dents for Corporate Accountability $75. and the Hibernians $50. 1LDirector Kevin Collins seconded the motion. Then, 21. Director Michael Radjavitch proposeda h<>stile motion to take $ 100 dollars out ofthe Federalists and put it back into the proposed Administrative Assistant line. After debate, though, Mr. Radjavitch withdrew hishostile amendment. Subsequently, 1L Director, and next year's Secretary.BridgetCullenproposeda friendly amendment to the main motion that $50 be takenfromßPlLPand be grvento theDomestic Violence Task Force. Both Directors Fisher and Collins accepted this. The SBA Board then voted onthe proposed budget as amended and itpassed unanimously. 1L Director Sarah Swartzmeyer expressed herdisappointment in theprocessduring thedebate. Ms. Swartzmeyer didnot like The most emotionalpoint ofthe evening came during the debate when SBA PresidentMadrazo refused to recognize 3L Director Marc Hirschfield for the rest ofthe year and at any meetings. the ideathat one grouphad toreceive funding, namely the Federalists, otherwise a certain groupofClassDirectorswould voteagainst the budget Many Directorsagreed withher in that each individual groups shouldbevoted onits individual merits and not because ofpolitical pandering orjustto get oneperson to vote for your group ifyou vote for theirs. The most emotionalpoint ofthe evening came during the debate whenSBA President Madrazo refused to recognize 3L Director Marc Hirschfield forthe rest oftheyearand at any meetings. President Madrazo statedthat he wasfed up withMr. Hirschfield'sbehavior. Mr. Hirschfield wasalleged to have goneout ofhis way in try ingto sabotage the SBA budget hearing sothatthere wouldnot be quorumand no lawstudent group wouldhave any budget for the next fiscal year. He was to be impeached by the SBA but this was tabled to a later meeting. Heallegedly was going tohurt every groupand law student. It waspointed out that Mr. Hirschfield was elected to his position with just three votes but was allegedly attempting to hurt over 750 law students. President Madrazo stated that he was doing this because, basically, he objects to Mr. Hirschfield'sbehaviorandbecausehedoesnot like him. Mr. Hirschfield protested, but the Board voted not torecognize him anymore. In the end, the budget didpass. atthe Hyatt Regency Hotel on Saturday night. The team of John Craik and James Lynch, recipients ofthe "Best Applicant" award, were judged to be the best team representing the country ofAtlantis. Similarly, the teamof Jackie Jonesand Doug Sylvester,recipients of the "Bestßespondent" award, werejudgedto be the best team representing the country of Bergenia. Both teams dazzledtheiraudience in theDemonstration Round held at theconclusionofthe Competition. Buffalo'sDoug Sylvester washonored with the only individual award ofthe FCG Competition. The "Best Oralis!" award is basedupon each competitor'smdiv idual scores throughouttheCompetition. Doug, whoclaims thathewas surprised by theaward, is flattered to be in the company oflast year's "Best Oralist" winner, Buffalo's Dan Spitzer. "'Hey,' I thought," he says, "Dan won last year andnowhe'sworkingatHodgson, Russ. Nottoo shabby." Members ofthe 1992 first-year Jessup team from UB expressed theirgreatappreciationforall ofthesecond-and third-year Jessup members who spent timepreparing them for Open Memo to Students byDean David B. Filvaroff Thefollowing isa memorandum oftheFaculty StudentRelations Board (FSRB), whichI adopted. As theBoard has requested, lampublish ing it in The Opinion. Astudenthasadmitted to theBoard thathe or sheknowingly falsified his or tierresume and an unofficial transcript ofgrades to make itappearthatheorshe hadHonors grades in several courses in whichhe orshe had not attained such a grade. He or she further admitted that he or she employed the facilities ofthe CareerDevelopment Office to obtain summeremploymentthrough the use of such false resume and gradestatement. After substantial deliberation, during whichthe Board consideredthe financialpressures which tempted the studentto takethe action he or she did, a majority ofthe Board hasconcluded that it would not be fair or wise to recommendthe student's expulsion from the law school community. TheBoard has concluded, however, that (1) Thestudentshouldbeperma- nently prohibited from using the Career Development Office resources (The Board recommends that he or she be permitted toapply forreinstatement to such use no sooner than 12 months following graduation from law school.); (2) that he or she should be requiredtoperform community service, in the form and forthetime determined in theDean's discretion, to help repair the damage inflicted on the fabricofthe law school community; and (3) that a verbatim copy of this memorandumbe inserted in the Permanent Record file and in the report requiredto be sentby thelawschool to the Characterand Fitness Committeeofthe Appellate Division of the New York Supreme Court. The Board has also decided that the Board'sconclusion be made availableto thelawschool community through your office in the formofthis memorandum revised to remove the student's name whereverit appears and to substitute for it a phrase such as " a student or "the student." FROM THE CHEAP SEATS byRobert Garnsey, Cheap Movie Critic Ifyou'veneverreadWilliamßurrough's The Naked Lunch (which I haven't), then you'llprobabrybeasconfoundedaslwasby David Cronenberg's film version, now playing at the Amherst Theater. Be forewarned: this movie is nowhere near as accessibleasCronenberg's morerecent efforts ( The Fly,DeadRingers, etal). The film does contain elements of Cronenberg's more familiar themes, such as human metamorphosis and bodily transformation, all laced with an underlying dark humor.Butthemovieeventually bogs down in its own weirdness; after a while,theKafkaesqueplot and the images of talking insects cease to be funny or interesting,and the film loses its gripon the viewer. Basically, NakedLunch is the story ofBill Lee (played with typical understatementand wryhumor byPeter Weller), awriter whorepresentsßurroughs' alteregoandwho also moonlights as an exterminator. Bill's wife(Judy Day is) has becomeaddicted to the ' 'roachpowder'' thatBilluseson thejob(' 'It's a very literary high," she tells him), and Itualy she getshimhooked onthe stu 11as Soon Bill isexperiencing hallucinations oftalking bugs who I him to a mysteis place called rzone, where he juntersa number izarrecharacters h as the Mugnps (grotesque itures who disse intoxicating dswheneverBill tes something d) and typewrit- hat turn into wisejking insects. 's journeys to Interzone may be inon a terpreted numberoflevels: as a metaphor for heroin withdrawal, as a commentary on writing andthecreative process, oras aDantean descent into hell.But the film is unfocused, and it drags on so long towards theend that, after a while, I didn'treally care what it meant I would venture to guess thatthose whohaveread Burrough*snovel will beable to appreciate thismoviemuch more thanldid.Be that as it may, NakedLunch is notfor everyone; at least threepeople walked out ofthetheater the day I saw it. I can recommend itonly for those whoare familiar withthe book, or for those with a taste for the truly absurd. the Competition. Jackie Jones claims, "We wellthe coached us." all improved our oral advocacy skills The organizers ofthe Competition as tremendously... [and] this only happened be- wellas thecompetitors agree that the weekend cause the Competition gave us a forum to was aresounding success, filled with many memorableperformances both in andoutofthe mockcourtroom. OneofmeparticulariymemoOne ofthe particularly highlights ofthe Competitionyvas when rable memorable highlights ofthe John Craik, inresponse to a question from a Competition was when John judge, cited Barbara Streisand as a legal auCraik... citedBarbara thority, claiming that "A persecuted group Streisand as a legalauthority, wasa 'People who needed People* and were therefore' theluckiest people in theworld.''' claiming that "A persecuted "It was a great experience," says Kristin group was a'People who Graham. Expanding upon this James "It say Lynch s, was an excellent opportunity needed People'and were to meet other wonderfulfirst-year law students therefore'the luckiest people in whoweretrying to improve theirlives. I would theworld.'" encourage everyone to try out nextyearforthe international competition.'' practice andthesecond-andthird-yearcoaches grilledus for two week." Echoingthis sentiment, Simon Conte stated, "It wasn't until after the Competition that we realized how April 7,1992 The Opinion 9 �Presidential Candidates Seek to Gain Western NewYork Support Jerry Brown Bil Cinton by W.F. Trezevant, Staff Writer With mere moments left before New York's primary on Tuesday April 7, Presidential candidate Bill Clinton came to Buffalo, addressing a crowd at Canisius College on Friday. The enthusiatic group ofaround 400 wasmade upprimarily ofsiuden ts eagerto hear Clinton'smessage. Introducing Gov. Clinton was Carlton Bailey ofthe Buffalo Bills. Mr. Bailey commented," BeingaproJ'veseenalotofmean hits and I've givena lotofmean hits, But in all my years as a pro, I' ye neverseen the pain that this country has felt during the Reagan-Bush years." Mr. Bailey then presented to Gov. Clinton a Buffalo Bills football jersey with Bailey's name and number. Gov. Clinton likewise presented to Mr. Bailey a Blue Clinton President Jacket and a football. After the applause, Gov. Clinton then began to address the crowd. Citing the appproaching primary day in New York, the Govenor urged,".. .every New Yorker to vote on Tuesday, sothat the votereflects a genuine decision." Moving on the Govenor took a moment to state thatheloved Buffalo, having beento Buffalo two othertimesprior to begining hisrunfor thePresidency. He also expressed his longstanding support for the Buffalo Bills. The Govenor then pointed out that the Buffalo Bisons draw bigger crowds than some major league teams stating,'' the » community's support isan example of the spirit of the people ofthis community." The Govenor thenlaunched into a scathingattack on Ronald Reagan and George Bush'srepublican administrationofthe United States.'' For ten years wehavenot been on the move. We workharder for less and less. Our hopes are dashed whileGeorge Bush turns a deafear and a blind eye to the problemsfacing ournation." ' 'This election is about doing what it esto ensure fairness,work,and progress... We are the onlyadvancedcountry whosePresident believesthat the onlyrole ofgovernment is to keep inflation low, taxes on therichlow and the market will take care ofeverything else. GovernorClinton charged thatReagan dBush have stubbornlyrefused to join in withotherhigh growthcountries.. .We need a leaderwhotakes thelead, on economicpolicy, health policy, educationand ourenergy problem... Bush believes that these are not the President's problem, meanwhile the federal government asks thestates to domore withless money." As an example, Gov. Clinton cited a recent visit to Washington D.C. byleaders of the computer industry. ''They had to plead with the President, and he told them to get 105t... that the market takes care." Staying on theattack, theGovernor pointed outthelack of a comprehensive plan to assimilate the men and women beingre-introduced into civilian life as a result of the defense department reductions. This is not working. Canwegofour more years being out ofstep withtheworld? Calling for anew approach to the issues that faceour nation, theGovemor stressed, "it has little to do with Democrats and republicans. It'saboutprograms that work. It'sabout a President whoreaches i >ut acrossracial lines, economic lines social lines. It'sabout giving more incentives to business to invest and less incentives to leave.'' On theissueofeducation, theGovemor said that he would scrap the present student loan program in favi >rofan american trust fund f( >rany college bou nd students. The governor ■ H detailed that under his college plan, any by Michael A vitzur american student, regardlessof income,could Democratic Presidential candidate Jerry borrow money, "thus putting college within Brown took hiscampaignforthe April 7New the grasp ofevery high school student. This York primary to Buffalo on Sunday April sth, fund would be financed with a portion ofthe speaking toacrowdofabout 400 at arally at the peace dividend and byre-directing the present United Auto-Workers Hall on Main Street. student loan program, which is not cost effec- The candidate portrayed this election as a choice between "politicsas usual" anda government ofthe people. Referring to his oftMoving on the governor statedthat repayment would be based either as a small repeated campaign slogan, Brown urged the percentage of income or through one or two enthusiastic crowd to help the country pull years ofpublic service as teachers or police together and "take back America." officers.Turning hisattention to younger stuThe former Californiagovernorquoted dents, GovernorClinton stated that he is comThomas Jefferson incallingforasecond Amerimitted to fully funding Head Start. He addican revolution and emphasized that "We the tionally proposed the creation of a national People" is the focus ofhis campaign. "It's not apprenticeship program to teach skills that about me, it's about you. It'sabout the realizawillhelp non-college bound students gethigh- tionthat we're about to takeback our country," wagejobs. GovernorClintonalso highlighted he said. The sharpestrhetoric wasreserved for hispositionon family leave which he characterized as the right to make choices. He ArkansasGovernor Bill Clinton, whomBrown supports the Family Leave Act which Presicharged withlies and distortion in hisattacks dent Bush vetoed and called for increased onBrown's proposal foraflat 13%incometax funding ofchild care support systems. The rate. Brown instructed his audience, "Don't Governor vowed to implement the toughest believeany ting Clintonsays,"andcitedastudy child support collection enforcement, referby the independent National Center forPolicy ring to thebilhons Analysis, whichforesaw the creationofthree of uncollected million new jobsby the year 2000 should the child supportob- plan become law. In contrast, under Clinton's tax plan, 260,000 jobswould belost. ligations annuEconomic hardship wasBrown's major ally as, "a natheme. He offeredfew specific proposals but tionalscandal." didcallfora national economic strategy, block On the reandrevenue grants sharing torevitalize cities, lated issue of the defense halving health care, Govbudget, fullyfunding the ernor Clinton Head Startprogram, and providing health care "forall Americans as a matter ofright." With charged, "President Bush hasar- aUAW signbehind him,Gov.brownexpressed rogantly refused his support forexpanded unionrights and deto deal with proridedClintonforpresidingoveraright-to-work vidingaffordable stateranked last in wages, and torhis support healthcare forall offast-track authority for President Bush in americans. pursuingafree-trade agreement withMcxico. Brownpointed to the now-empty Trico Health care affordshould be able to everycitizen.'' The governorpointed out thatthe United States is the only industrialized nation withouta health care plan that provides long term health care forall. "We have a President whose politics are ofdivisionbyrace and region and destruc- byAndrea Sammarco, iManagingEditor tion We needaPresidentwhose programs put Washingtonianshavebeenlong accuspeople first. A President who helps people tomed to large influxes ofmarching, chanting build towards theirhopes, dreamsand aspira- people spouting one political ideology oranotherand, as aresult, barely blink whena new tions." Focusing on Jerry Brown,the Governor contingentdescendsonthecity. ButevenD.C. began, "Jerry ought to be ashamed of his natives wereawestruck by the sizeand intencampaign ad, it's outrageous... the one which sity ofthe National Pro-Choice Rally which implies that I am anti-civil rights. The fact is took place on the Mall on Sunday, April 5, that I fought hard to get one ofthe most com- organized in part to demonstrate widespread prehensive civilrights acts through the legis- supportforproposed federal abortion legislalature in Arkansas. The act passed the house, tion to be voted on November 3. Early estibut the senate wanted to wait to see what mates placed the number ofpro-choice supCongressdid withthe 1991 Civil RightsAct, so porters inexcessof7so,ooo,mostofwhom took it was not passed. Jerry knows this but he theircause to the streets ina march ofstaggercontinues to lie in his ads. We tried and ing proportions. The march, whichgot underfailed.'' GovernorClinton then explained that way at noon, began atthe Ellipse in backofthe he has appointed more minorities than all White House, wound around the Executive previous Arkansas governors combined. He OfficeBuilding, and up Pennsylvania Avenue, furtherpointed out that Arkansas was thefirst passing directly in front oftheWhite House. the schooldesegregation case against The marchers ultimately converged on the Mall, directly in front of the steps of the ite voluntarily. Pressing the attack. GovernorClinton Capitol. ented that,'' Jerry has asimplenotion of Speakersattherally included New York dgning,...'lwas oncebad, butnow I'm Senatorial Candidates Robert Abrams and ect me because I can fix everything',this Geraldine Ferraro, as well as entertainers an over-simple-minded remake ofthe Morgan Fairchild. Jane Fonda, and Cindy ...even his tax plan of 13%whichReagan Lauper, and Academy Award Winning DirecInot propose at thebeginning ofthe' 80s tor Jonathan Demme. se it was considered too react ionary Opposition presence was sparce, with ' 'My ideas are not simplebut we can't isolated pocketsofanti-abortionists turning up anymorereactionarypolitics. Weneed irture from brain-dead politics, and a to responsibility. We need to create a tie participatory society, by opening up orsfor everyone." The governor,after a quest ion and aneriodwiththecrowd,encouraged everyvote saying thisdecision was too imporleconcluded by saying,'' 1 got intothis Washington Pro-Choice Rally Exceeds Expectations . Ile ill In 10 The Opinion April 7,1992 factory across the street as "a remnant of thousands ofpeopleout ofwork or working for a fraction oftheir old wages." Those lost jobs, he said, have gone to Mexico or states like Arkansas, and he blasted Clinton for taking pride in and encouraging the flight ofbusinesses tohisk)w-wagestate. Brown characterized the choice in the upcoming election as clear and asked the voters to compare the gubernatorialrecords ofthe two leading candidates. HedepictedhisCaliforniaadministrationaspro-trade-union and boasted ofhaving increased wages, created two millionjobs in eight years, protected the environment and advanced economic justice. But Brown retruned to the issue offasttrack authority, which he sees as emblematic ofthe differencebetweenhimselfand his main rival. In abdicating its power to amend whatever agreement Bush reaches, Congress has "deprived the people oftheirright to participate." Helabeled Clintonanother membcrof the "corrupt political leadership that won't move" and he said Clinton "doesn't get it." Afterasking those gatheredhow many ofthem had evergiven $ 1,000to apoliticalcampaign. Brown told them, "You're thekind ofpeople who don'tgetto firstbasein aClinton campaign orin politics as usual," and he drewhis loudest applause by promising that sincehe accepts no contributions greater than$ 100,he willnotbe indebted, ifelected, to any "WallStreetbanker or multi-national corporation." Even in displayinghislighterside, Gov. Brown continued to portray himself as the simplepopulist and Gov. Clinton as the standard deceitful politician. Pausing in his remarks to aska photographer not to obstruct the view of the children seated behind him. Brown suggested thatenoughphotosolhimhad already been taken. "1 don'thave that many facial expression," he said. "Nothalfasmany as my opponent, who has a different one for everyoccasion." win hnl In itiMiiiM' fhiviinntrv " mainly in front ofthe WhiteHouse. Overall, marchers and anti-abortionists were surprisingly non-confrontational. Buffalo wasvery wellrepresented at the march, in large part due to the extraordinary effortsoflocalpro-choice groups to coordinate vans and buses going to the event. Many Buffalonians felt compelled to turn outto demonstrate their opposition to the scare tactics being undertaken by Operation Rescue Leader Randall Terry, whohas threatened to turn Buffalo into' 'another Wichita," by closing down local abortion clinics. Rebecca Harvey.aUniversity at Buffalo graduate studentand march attendee, said,' 'We want Randall Terry to know that he'snot in Kansas anymore. "In addition to the Buffalo contingent, membersnationwidefrom groupssuchas the Women's Health ActionMobilization and NationalAbortion RightsActionleague, came to the march withbanners and buttons specifically stating theirintention to be in Buffalo in mid-Apriltohelpkeeptheclinicsopen.Spcculationruns high among local pni-choice groups that Randall Terry's media silence in past weeksregardingaßuffalodemonstration indicates that the Operation Rescue Leader is having second thoughts about the success of such a venture, and as a result is trying to disassociate himself from what could be a failed venture in late April. Submissions for the next issue ofThe Opinion must be in by April 16. Please leave them in Box 443 or 512. Thank you! �The Docket asihanti Reimbursements Requests: All reimbursement requests must be turned in to the SBA by this date in order to processed by final exams. All requests turned in afterApril 17 will not be processed until after final exams are over and the new executive officers have been trained in the accounting system. Sports and Entertainment Law Society Presents: Ellen M.Zavian, Esq., Sports Agent/ Personality Representative. Ellen Zavian is one ofthe two female NFL Agents. She will be speaking onThursday.April 9, in Room 109,0'Brian Hall, at 6:00 p.m. There is also an expected special guest appearance by a local sports figure that Ms. Zavian represents. Refreshments will be provided. All are welcome! Democracy and Human Rights in Africa: Professor Peter Ekeh ofAfrican-American Studies and Professor ClaudeWelch ofPolitical Science will lead a discussion on Democracy and Human Rights in Africa. Professor Ekeh's paper, "Democratism versus Democracy in Africa" will be on file in the Human Rights Center in 408 O'Brian Hall. Professor Welch recently returned from a session ofthe African Commission on Human Rights inTinisia. This session will be held on Tuesday,April 7,5:00 p.m. in the Faculty Lounge, sth Floor O'Brian Hall. Final AWLS Meeting: Wednesday,April 8,1992, at 3:30 p.m. in the first floor lounge. Discussion will include pro-choice activities, steering committee elections, and other fun stuff. Come have pizza with them at their iaawf!Srii final meeting. Peter Shaw: Peter Shaw ofthe National Association of Scholars will be presenting a talk entitled, "Overthrowing the Canon: The Self-Defeating Revolution in the Humanities, Law and Literature." The talk will take place in the Martin Room in 567 Capen Hall at 4:00 p.m. on April 7. This talk is co-sponsored by the Federalist Society and the Intercollegiate Studies Institute. Law Revue: Showcase your talents! Can you sing, dance, act, do stand-up comedy, play a musical instrument, impersonate a professor, or juggle while in a handstand? Law Revue is that rare opportunity for you to impress your future colleagues with any talent, skill, or lack thereof in a social, non-legal (not to be confused with illegal) atmosphere. Start working on your skits, acts or other performances now!!! Law Revue will be held in lateApril at a place to be later determined sponsored by the SBA. - Lalsa General Meeting: Come meet the candidates for the 1992-1993 Executive Board, onThursday,April 9,1992, in Room 212 at 3:30 pm until 5:00 pm. Law School Commencement: The Law School Commencement will take place on Sunday, May 17,1992 at a time to later be announced. Come out and celebrate with your third year friends. April 7,1992 The Opinion 11 �New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course ■ I %£• >-v. ■ | �Campus Notes Marc Hirschfield, Jim Maisano and Darryl MacPherson were seen picketing the NigaraFall s Aquarium for its believed violation ofthe Fifth Amendment "takings clause." Public attitude was one of disbelief as the Students for Constitutional Concerns Committee for Getting Jim and Marc Their Two Dollars Back From SASU marched in a tightly knit group without breaking rank. Violence was averted only after the director ofthe aquarium informed the demonstrators that Shamu, not SASU, was headquartered at the aquarium. "I personally feel vindicated by our actions. Ifnothing else, that whale knows we mean business," said Mr. Hirschfield as the committee adjourned for the day. "Marc, you're an asshole," said Scot Fisher as he passed by on his way into the Aquarium. The mysterious disappearance of John Chiappanelli was solved last week when Mr. Chiappanelli arrived on campus with a full beard and tattered clothing. Mr. Chiappanelli was first noticed to be missing after he missed thethird ' 'Free Pizza lunch sponsored by one of the parasitic money grubbing bar review courses. Mr. Chiappanelli had been forced to park at the John Bean Center due to the overcrowded conditions. Mr. Chiappanelli was caught one the several blinding snowstorms of that have blasted the area with frequency of a plaintiff insurance lawyer's notice of claim. Forced to live on his meager rations, Mr. Chiappanelli is said to be in good health, for a law student. beSfTcotrhilegdMurder UB Professor ofLaw, ora subject with some limited resemblance to Law, John Henry Schlegel has justbeen indicted for the murder of the first year law student tandem of TortS. and Contracts. Schlegel has always been the source ofinformation regarding the disappearance of Contract S. from his lectures, stating on numerous occasions that "Contract S. is dead." Exactly where he had obtained such privileged information has long been a source of conjecture and debate, but it appears thatthe basis for those statements was hispersonal involvement in the disappearance. The tip which pointed police to Schlegel's connection with the Contract S. and Tort S. murders was the rumor regarding the future death of Corporation S. This rumor was heard throughout the hallowed halls of O'Brian Hall only days after John Henry Schlegel began to show an actual interest inCorporations. After making detailed inquiries into Schlegel's credentials and past misdeeds, chief investigator J. M. Blumsteractually discovered the skel- Kahuna for finally finding the individual behind these grisly acts.'' With Schlegel behind bars, the first year students at UB Law School should be able to sleep a little easier and not have to worry about watching their backs quite as much. Of course this cannot be said of Schlegel, who watching his back even more etons I°"t1 Schlegel's closet. Blumster was closely once confined within the state quotedas saying,''I justthank the Big correctional facility. ffifiOliffihf BillboredTopTen Songs of the Week The following is a list ofthe top ten songs as determined by Chico Suave, in collaboration with Billbored Magazine. Any similaritiesbetween these living organisms and any othercharacters, real or fictitious, are purely coincidental. 10. Higgins Trio: "How Sweet it is to beLoved Pope Visits Buffalo Buffalo's Roman Catholic population braved the chilly April weather in huge numbersthispast weekend to welcome Pope JohnPaul II to theQueen City. ThePope arrived at the airport on Sunday morning and held a mass immediately upon disembarking fromAir-Vatican I, kissing the ground and thanking numerous deities for not losing his luggage. ThePope thentookhisentire entourage, including several UBLawprofessors seeking guidance in their quest for tenure, to lunch at the newly opened Student Activities Centerdining facility on theNorth Campus ofSUNY-Buffalo. His Holiness also took thetime to climb to thetop ofCity Hall and to bless the entire city and population ofBuffalo. His blessing wasparticularly focused on the murder sprees thathave become a dairyevent in this city. Pope John Paul II spent the entire daywandering aimlessly around Buffalo, trying to find something to do, making numerous stops at area hospitals and fast-food establishments. by You" 9. Disco Dave Motown Filvy: "I Can't Go For That" 8. Sonic Schlegel: "Another Day in Paradise" 7. Kenny J. &theIRS: "Let's TalkaboutTax" 6. Booming Blumster:' 'An Innocent Man 5. Tirpak Sisters: "Ebony and Ivory" 4. Isabelle & the Irates: " All Woman" 3. Fab 5 Freeman & the Funky Bunch: " You Can Call Me Al" 2. Nocturnal Nil & theForest Preserve: "Light my Fire" 1. CrisCross Carr & the Cops: "I Shot the Sheriff" �BAR/BRIE STUDENTS PASSTHE BAR SITTING ONTHEIR STOOLS WATCH FORTHE FOLLOWING LI YE ARTHUR MILLER VIDEOTAPES: 4/92 SALESWITH WILLY LOMAN - 5/92 "DEATH OFA CONTRACT (STARRING JOHN HENRY SCHLEGEL)" 6/92 THEVERDICT: HOWTOWIN A PERSONAL INJURY LAW SUITWITH JOEL HYATT AND JEFFREY FREEDMAN 7/92 MAKING IT ONTHE COUCH IN A LAW FIRM AND NOT GETTING CAUGHT: REMEDIAL MPRE PREPWORKWITH ARNIE BECKER 8/92 PERRY MASON ON EVIDENCE ANDTHE SURPRISE WITNESS FREE BEERATALL LECTURES (WHATTHE HELL, YOU HAVEN'T GOTA SNOWBALL'S CHANCE IN HELLANYWAYH) ALL LECTURES GIVEN AT JOE'STAP ROOM AND TATTOO EMPORIUM. (MENTIONTHISADAND RECEIVE A FREE DESERT STORMTATTOO!) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2f6f3452b93b77ef002bce1cea1adecf.pdf 055f82df7fe58a74bc4ba7997cb4ec84 PDF Text Text THE OPINION Volume 33, No. 1 August 19,1992 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Orientation Welcomes New Students & New Dean Waltz is the person to see when you have a problemand willhelp youget through thethree By Kevin P. Collins, News Editor The incoming class of 1992 had the honor ofbeing the first to hear o ftheannouncement that Dean Boy er is the new boss around years here. Audrey Koscielniak, theDirectorofthe Career Development Office, then spoke to the first years. She stated that the CDO helps students discover what law practice is all about and that there are many programs to be taken advantage of. The CDO needs the help of work-study students to serve as office assis- here. The Fall 1992 semester oflaw school officially gotunder way Monday, August 17th, at the General Orienation held at the Moot Court Room in O'Brian Hall. Incoming first year law students received their first taste of law schoo 1 during the day inan orientation that started at 9:00 a.m. in the morning and ended at 7:00 p.m. aftera cocktail party. The orientation opened with S.B.A. President William F. Trezevant welcoming in the first years. President Trezevant then had the distinction ofannouncing officiallyforthe firsttime to thelaw school thatProfessorBarry B. Boyer had beenappointedby ProvostAaron N. Bloch, with the enthusiastic approval of President Greiner, to become the new Dean of the School ofLaw. Dean Boyer then addressed the class, giving thanks to the outgoing Dean, David Filvaroff, for the good jobandservice that he did for thelaw school. Dean Boyer statedthat he has a two year period to serve as Dean, when he will then be reviewed by a review board which canrenew his services foranother two yearperiod. HespokeofanewtimeatUß. He discussed suchtopics as the grading system, which has been subjected to some criticism and a call for change in recent times. Dean Boyerstatedthat upwardsof9o%ofgraduating UB law students are getting jobs within one year oftheir graduation. Dean Boyer then went on to address the budget problems facing UB and the SUNY Dean Boyer's Message to I L's It is a great pleasure to welcomeyou to the Buffalo School ofLaw. All ofus on the faculty vividly remember ourown first days in law study, and the hopes and fears that we broughtwithustolawschool. While the reality was very differentfrom what wehad expected on our first day, law school was a powerful experience for us exciting, frustrating at times, and always demanding. It opened our minds tonew waysof understanding our society, and it defined new roles for us toplay inthe world. We hope that each ofyou will find comparablechallengeandreward inyourlegal By, WilliamF. Trezavant, SBA President Welcome! We have one exciting and dynamicyearaheadofus. Perhapsunlikemany othertimesin ourlaw school's history, wehave before us a unique window ofopportunity to participate in and implementchanges affecting ourlaw school. The key is involvement by as many people as possible. As a preliminary education at Buffalo. Theprofessionyouare enteringtoday is rapidly changing. Some ofthe primaryfields of legal practice today, such as employee benefits or environmental law, scarcely ex- word on theissue ofinvolvement, I wouldlike exclusive commitment. Rather, we seek whatever participation thatyou feel you cancontribute. to point out thatthis doesnot requirean isted twenty oreven ten years ago. Emerging thatwouldhavebeenconsidered very large in the 1970s would be medium-sized in many cities today, and the paths to promotion and tenure within some law firms have beengreatly altered. . The Buffalo School ofLaw is changing also, to prepare its students to excel in this emerginglegalenvironment. One visible sign of that change will be the new computer classroom s .eduled to open inO'Brian Hall during the second semester. Another, more fundamental sign ofchange will be the longrange academic plan that will be prepared during the coming year. As members ofthe Law School community, you are invited to participate inthe preparation ofthatplan,and to setthecourse for generations oflawstudents that will follow you. One thing that should not change ion the future, however, is yourlaw school's commitment. Both physically and intellectually, this system. He stated thatthekey to gettingthrough these fiscally tough times was to have key quality programs, and he cited the Research and Writing program which utilizes small groups of students with senior faculty doing actual law related work in contrastto the old program whichjust used teaching assistants. He also proudly spoke ofthe strong public interest program at ÜB. Karen Waltz, the Registrar, then followed giving various pieces ofadvice to the 1Ls suchas never, everparking in Jacobs A She also told the students to place their name on page # 100 in alltheirtext books. This is an idea andprogram institutedbuPublic Safety to help combat the theft ofbooks. The Bookstore is awareofthispolicy. She furtherwarned the 1 Ls to avoid incompletes and extensions. Karen OUves,alsoaGAfortheCDO,toldthelLsthat when they settledown,that they should go to the CDO orientation meetings and read the handbook, which willhelp them in starting to think about summerjobs. This was followed by each ofthe three sectionsof 1Lshearing fromoneprofessorfrom their section. Professor Olsen spoke for Section 1, Professors Mensch and Freeman for Section 2 (who told the 1Ls to start planning costumes for their annual Halloweenparty), and the former Dean, ProfessorFilvaroff, for Section 3. Professor Lindgren spokeabout the Research and Writing Program, and introduced Orientation, continued onpage 3 SBA President's Message — technologies suchas computerized databases and instant global communication will become standardand thenoutmoded during your professional careers, and new technologies will be developed toreplace them. Even the structure of law practice is changing: a firm enable CDO to be as effective as possible. Jill Barr, aGraduate Assistantofthe CDO, spokeofhow thelaw helpsbring justice to as many people as possible. She stated that the CDO helps students find out what itis you want to do. She further mentioned that the Buffalo Public InterestLaw Program (BPILP) offers greatassistance to those students with an interest in public interest law. Maureen tants to I sucessfully campaigned last year on the issues, and I now have the honorofservingyou law school is an integral part oftheUniversity. During youryearshere, yov willlearnabout and perhaps join interdisciplinary programs and projects in fields such as Health Policy, Housing and Community Development, Gender and Social Policy, Disabilities and theLaw, International Trade, and Environment. You will meet faculty whohave the Ph.D. as wellas the J.D., and whorepresent some ofthe principle contemporary schools oflegal scholarship such asLaw and Society and CriticalLegal Studies. In short, theBuffalo Law Schoo 1,like the legal profession itself, encompasses a great variety ofintellectualfields ofinquiry, career paths, and opportunities. We inviteyou to take advantage ofthem whileyouare here, both in the curriculum and through the many extracurricular and community service activities available at the law school. I look forward to meeting you individually, and to watching your growthand progress as membersofthe legal profession. Barry B. Boyer Deanand ProfessorofLaw by facilitating an inclusive discussion and subsequent decision. I seek your help, comments, guidance and participation. Together we can accomplish a great deal. First, Iwould liketo cover some changes that have occurred withinO'Brian hall. Most importantly, we nowhave anew Dean. I'msure I speak forallofus in wishing Dean Boyer our best intentions, and full cooperationduring this time ofchange. I likewisewould like to again express our appreciation and thanks to former Dean Filvaroff for his years of leadership. I understand he is now located on thefourth floor, so be sure to stop in and say hello. As we can all see the mailroom has moved. The new location hasalready begun to create improved contact between theadminis- tration and the students. The move wasmade in order to create a new classroom for the exclusive use of the law school to assist in providing additional classes at the same time. I understand thatthe process to complete the transformationofouroldmailroomisnearing Message, continued on page 2 DomesticTask Force Wins Bar AssociationAward Wewish to congratulate theDomestic Violence TaskForce! On May 14th,they were selected as the recipient ofthe New YorkStateBar Association's 1992Law Student Legal Ethics Award. The award, in the form ofa check and an award certificate, was forwarded to the Task Force from the State Bar Association's Committee on Legal Education & Admission to the Bar. TheNYSBA's Committee on Legal Education & Admission to theBar has also issued a report, recently endorsed by the NYSBA, calling forlessrestrictions tobe placed before thosewho wish to appealtheirNew YorkState bar exam scores.The committee's report calls for, among other things, full disclosure of essay questions to appeals applicants, as well as the right ofan appeals applicant to provide a brief substantive argument in its support.For copies ofthe "Report and Recommendations ofthe Bar Examination AppealsProcess and Disclosure ofBar Examination Essay Questions and ModelAnswers'',calltheNYSßA'sOfficeofAdministrativel.iasonat(slB)463-3200. �Ibbbbbbbbbbbbbbbbl opinion mm Volume 33 No. 1 M\ August 19, 1992 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paulßoalsvig ArtDirector: Bill Kennedy StaffWriters: W.F. Trezevant, Joseph Antonecchia EDITORIALS WelcomeFirstYears Having heard wonderful things about the mission you are about to embark upon in law school, let me add some sobering words. As law students in a public institution, you enjoy the benefits of an incredibly low tuition, but also suffer from incredibly limitedresources. The state budget problems of the past few years, as well as other unexpected losses, have exacted a heavy toll upon thelaw school. Each year the law school has to make do withlessand less. Things,regrettable, are not going to get better soon. As such, each of you is ultimately responsible for determining where the limitedresources of the school are spent. Even as first years, you can put pressure on the administration in a variety ofways. By taking an active part in your education, you alert the faculty and staff of your expectations. However you choose to become involved, either through the Student Bar Association as a Class Director, a member of one of its several committess, or any otherlawrelated extracurricular activity, you demonstrate that you are taking your education seriously, and that you, in turn, should be taken seriously. Do not let the oppressive weight of the state bureaucracy filter down through to the law school and crush your desire to become the best lawyer possible. Fight for the best education by making yourself heard any way you can. By now you've had your first classes and briefed your first cases, and, in the process, some of your apprehensions about the study of law may have begun to fade (for some ofyou at least, others amongyou will be needlessly jittery right on through to exams). Learning the law requires more than justbooks itrequires participation. By the way, welcome to Buffalo Law School - Change the Grading System Year after year, a new class oflaw students has to contend with UB Law's so-called noncompetitivegrading system. The grading system, which makes little sense even to those already here, makes UB Law students waste valuable time explaining to prospectiv&employers the difference between a" Q " and a " Q*." Worse, once a studenthas even one seme ;ter worth of H-Q grades in his record, there islittle incentive left not to get on the proverbial' 'Q-train.'' Students quicklyrealize that with this system, the hard-working, yet non-exceptional, student who receivesa' 'Q'' willalways remain indistinguishablefromthe' 'laidback'' or''just get by withthe minimum studentwho alsoreceives a " Q." For many, the "Q" grade becomes a safety net which only encourages mediocrity. Theprofessors, too, are abdicating their responsibility of providing students with accurate feed-back on their performance. Get rid of the H-Q system and go back to the traditional A-B-CD-F system everyone readily understands. In fact, not only are the grades inaccurate, they're usually late! Copyright 1992. The Opinion.SBA. Any reproduction of materialshereinis strictly prohibitedwithouttheexpressconsentofthe Editors. The Opinion ispubhshed everytwo weeks during theFal 1andSpring semesters. It isthe studentnewspaperof theStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed inthispaper are not necessarily those of theEditors or StaffofTheOpinion. TheOpinionisa non-profit organization,thirdclass postage enteredatßuffalo.NY. Editorialpolicy ofTheOpinion isdeterminedby theEditors. The Opinion isfunded by the SBA fromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthree typed double spaced pages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or United States Mail to The Opinion. SUNY ABAmherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 636-2147 orplaced in law school mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsedby the EditorialBoard ofThe Opinion. 2 The Opinion August 19,1992 SBA Message, continued frontpage 1 completion In addition, we will soon have a new computer room next to the existing computer centeronthe fourth floor. The new computers will have the advantage tapping into all typesoflegal databases. Assistant Dean Cook with theassistance ofAnna have been working extremely hard to make all oftheadjustments a reality so we thank them. Next,afteradiscussion with Dean Boyer and JoeBelluck I understand that wehave an addition to our spring course schedule entitled "WhiteCoUar Crime. It is my understanding that thisaddition is the first ofothers to follow if all goes well. For our smoking population, as I promised last year, there is now furniture in the smokinglounge, so sitback, relax andenjoy. Hey, forallyou studentgroup leaders, the discussion that went on last year about studentgrouproom adjustments led to adecision last year. Unfortunately, the memo delineatingthose adjustments never made it to all ofthe student groups,and forthat I apologize. However, itis extremely important that all ofyou come to the SBA office and see me to organize a smooth transition,as well as to pick up your keys. I'd like to see this move completed inthe next week or two so you,our students groups, can get started on another successful year. And, in case you were wondering, I believe thatPhi Alpha Delta, ourprofessional fraternity, will once again be publishing a student directory. So I ask all ofus to fill out the studentinformation forms as soon as you receive them to help this process along. Ifyou wantmore info, see Marty Danks, athirdyear student, or leave a note in his box. In a similar vein,as I promised lastyear, wewill be putting together a yearbook forthe firsttimeinanumberofyears. Thepersonto get into contact with is Roy Hopkins, a third yearstudent, Box number 133. Anyone interested should contact himas soonas possible. The nextitembefore usis child-care for our fellow law students. All those interested in thisissue shouldcontact me either through b0x262 orat the SBA office on thefirst floor. Mythinking is that we shouldbeable to getthis programtogether bythebeginning ofthespring semester, but I need your help, so come on down. Weare looking foranumberofpeopleto serveon committees: (See SBABoard in front ofRmlOl) There will be other committees established,so comeon downwith yourwillingness to serveand ideas in hand. The committees' responsibilities will be focused and are not expected to require long hours. The process is simple. Pick up a committeeapplication from the SBA which will be availableonFriday 21 ofAugust Fillitoutand retumttby Thursday August27. TheExecutive Board will meet and scheduleinterviews shortly thereafter. But mostimportantly, I need future Supreme Court Justices to serve on our SBA CONSTITUTION and BY-LAW committee. Thiswill concentrate on some extensiverevisions and additions to ourpresent Constitution. Thebest part ofthis though is there wil! be no televised hearings, and no litmus test. And on the same subject, The ELECTION S are here. The ones wehave been waiting for so long. The electionofour legislative body known as the Board ofClass Directors. Just for informations sake, remember there are sixclass directorpositions available for each classyear. Thedeadlinedatesareontheposter on the first floor. Yes, that means we will be electing eighteen(18) people to debateand discussfor the rest of theyear. Two notes on this. First, thinkabout your concerns or ideas about our school, ask the candidates some questions, investigate their temperament, and put the bestpeople whoyou feel canwork withothers ontheBoard. We havetoo muchto dothis year to berequired to baby sit law students at the SBAmeetings. And I do not intend tobaby sit. Second, afterthe volatileand hotly contested Executive Board elections last year, I expectmanyofyoutorun. Sostartbeingnice to your colleagues if you have not been so already. And to facilitatethis process, the SBA willbeholding two functionsbetween nowand election week. First, we have planned the official WELCOMEBACKparty this Thursday at 337 Lisbon street near the main street campus. Listen, itsa 15KEGGER!!!!!!! No he, andifyour skeptical, cometo theparty and find out!!!! The second event is the traditional picnicmis year to beheld on Saturday August 29, 1992 at Baird point. You will see more informationas this date approaches. Unlike in past years, this isa full fledged school widepicnic soeveryone is invited. And what betterway to meet the candidates/ orcampaign than under the sunny skies ofßuffalo. By the same token, thosewho couldcare lessaboutthe campaign, you can still come and check out you colleagues, and you know discuss the issues or classes. In order tohelp, the SBA willprovide food, soda,and amodest 12Keg^s. Wdent questioners to ask candidates Holtzman and Abrams questions at next week's candidate forum. Interested students should put their question in writing along with their name, phone numberandclassyearinmailbox262.l alsoneed volunteers to serveas ushers forthis event. Those interested should likewise place aletterindicatingtheirinterestinbox262. The deadline is Monday August24. SPEAKING OFDEADLINES: CERTAINMEMBERS OFTHE FACULTY ARE ATITAGAIN. THEY ARE SPEAKINGOUT OFBOTHSIDESOFTHEIRMOUTH. TELLING USONTHEONEHANDTHATCLASS AND THEIR ASSIGNMENTS ARE THE ONLY TO TURN AROUND AND APPARENTLY INTENTIONALLY NOT TURNIN THEGRADESFORTHEIRCOURSES. NOW COME ON PROFESSORS, HOW LONG WXLTHISCONTTNUETHISTIME. SINCE IHAPPENTOSPEAKONBEHALFOFTHE STUDENT BODY, LETTHEREBENOMISTAKE ABOUT OUR POSITION. THIS IS THE LAST TIME. FOR INFORMATION THE "LET THEM EAT CAKE GROUP" INCLUDES ...EWING...JOYCE...FINLEY...MARCUS AND SWARTZ. PLEASE CLEAR THIS MATTERUP ASYOUR ARE FRUSTRATING THE STUDENTS ATTEMPTS TO GET JOBS, INTERNSHIPS, AND CLERKSHIPS. QUIT BEING SO INSENSITIVEAND IRRESPONSIBLE!!!!!!!!!!!!!!! In conclusion, I want toremind allofus, wecontrolourownfuture. We can,regardless ofideologicalpositions, changethisschool for the better. And with a proactive Trezevant Administration, we will take chances, raise the issues, present ideas, remain open to criticism and dialogue and get more than a few things done. I want us tocreate and with your help duringthe course ofthisyear, I am confidentall ofus together can create an exciting tradition which is inclusive, dynamic and proud. Thanks for your time, your Prez, Trez. �DIS Orientation PARTY! August2o,l992: 337 Lisbon! 6pm-??? 15-keggerparty!?! Orientation PARTY! (Sponsored by the SBA) Sat.,Aug 29,1992: Baird Point (North Campus). Noon 111 Beer, Picnic,Volleyball, Beer, etc... Mix, Mingle, and Drink... - Fiction Teal-green Suit By Natalie Lesh, Features Editor Anne gentlypulled the curtain away from the window in order to inspect the approaching day. Like the previous morning.shewasgreetedbyanorninousgreysky. A large massofthick clouds clung together as if for protection, forming an ocean of darkness. Alightrainhadalreadybegunto fallas Anne letthe thin, yellow curtain slip away from herfingers. Right foot onthe floor, leftfootonthe floor. She was up. Her feet tingled as the bloodrushedto feed the muscleswhichhad contracted in response to meeting the cokL hardfloor. Yes,she was up. Thelast time she was onan airplane Annefeltvery ill. Her head throbbed from thedrinksshehad sharedwithher friends the nightbefore, andherstomachchurnedwith each turbulence-induced lurch ofthe aircraft. Darkness enveloped the plane as it continued on its course, slicing its way through the dense,black, soupy sky. The captain ofthe planeannounced thathehadreceived authorization to flyover the storm. Anne and the otherpassengers exhaled theirapprehension as they satback into their seats, pushing themselves firmly against the tan velveteen cushions. Anne tightened her seatbelt and closed her eyes. She could feel the airplane slowly tiltupward. Anne shivered as the warm water trickledthroughher hairandrushed overher body. Thesplashesofwaterinthebasinof the tub replaced the sound from outside of , raindropsexploding as theycrashed into the ground. Anne always feltaparticularsense ofpeacefulness while standing alone inthe shower: the gentle strokes and soothing rhythm ofthe cascading water, the clean, fresh smell ofnewly washed skin,and the absolute solitude imposed by the flimsy sheetofplastic whichhung like animpenetrablebarrier, separating herfrom therest oftheworld. A brilliant flash of light burned through Anne's eyelids, forcing them to open. Her eyes squinted, unable to withstand the white-hot reflection of the sun against the clouds. The fightwas trapped, and theblinding rays bouncedbetween the wallofstormctoudsanduiesuninadesperate andfutile effortto escape. Theairplane continued itsascension. Annefinally decided upon thetealgreen suit. Itwashardlythenewestedirion to her wardrobe,but in itshe feltconfident, secure. Itwouldnot distractherconcentration from the new surroundings, the new facesandthenewresponsibilitiesshe would eneountertoday. Everyunngwouldbedifferentfromwhatshehadknown. Theday she haddreamedaboutand fought for had finally arrived. Anxiouslytakingonelastlookinthe mirror,Annecaughtherowngazeand held itforjustamoment. Yes,this is what she wanted. She wasready. Anne stepped out into the driving downpour and smiled as she slipped her sunglasses into place. Drop/Add Ends September 4 call now for free catalog 1800 253-1594 mention this ~ r $2.00 off every casebook hornbook or study aid "HHuptTn PHONE ORDERS ONLY . \7 S jt $2 lerner law book *(I °*l?/P ''/s}-? •( 57 V*r U '^So "' y >0\ J^/ S- co., inc. t/a tIFKXK LAWBOOKS 1800 253-1594 in D.C. 842-4334 free delivery Why wait in lon 9 ,ines? NEW & USED BOOKS — DISCOVER AMEX VISA MC THE VERDICT IS IN! Free enterprise competition lowers prices and guarantees better service. Support the bookstore with the lowest prices in the country... and tell your friends about us! COUPON GOOD FOR PHONE ORDERS ONLY, SCHOOL YEAR 1992-93 HELP US MAKE IT $3.00 NEXT YEAR! GET INVOLVED ON THE OPINION Round out your legal education by becoming an active participant on this award winningpublication. Postions are available for journalists,photographers, and salespersons. If interested, place a note of interest in Box 223 or 611. Deadline for next issue: Friday,August2B,l992 Place submissions in Box 223 or 611 SBA Elections Petitions for Class Director are due 8/27. Please provide photo. The elections will be held Aug. 31 thru Sept. 2 HOW WAS YOUR SUMMER? 1 V ATTENTION CLUBS Having a special event? Have it covered in The Opinion. Let us know of in advance and we will (try to) cover it. You can also advertise you club's activities on The OpinionDocket. Submit notices ofyour activities to Box 223 or 611 by the publishing deadline. Orientation continuedfrontpage 1 the students to her teaching assistants, 2Ls Cathy Lo vejoy and John Cody. When the orientation had finally finished, the students were then broken up into smallgroupsand given tours ofthelaw school and the campus by second and thirdyears. The day was capped off by a cocktail party sponsored bythe 118Law Alumni Association, which was held at the Center for Tomorrow. There, thestudentshad an opportunity to mix and mingle with each other and with their professors. The President of the Alumni Association warmly greeted Dean Boyer and congratulated him, wishing him well inhis new position and in the task which he now faces. The success ofthe day was due to the hardworkand planning doneby DeanNewell, Charmagne Alabi, and the OrientationCommittee. August 19,1992 The Opinion 3 �1 I WE'RE NOT IKE BEST I BECAUSE WE'RE THE Bl I I «■■■ WE'RE THE BIGGEST BECAUSE WE'RE THE LaaaaH v LaW. \(WWrt!Wtl BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c054c9f1388397e9b3be993248fd220b.pdf bdd91d3fe10ac07fad541aa5b9a8c21a PDF Text Text Volume 33, No. 2 O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW August 31,1992 Democratic Presidential Ticket Visits Buffalo byJoeAntonecchia and JoeBelluck On Sunday, August 23, presidential candidates Bill Clintonand Al Goreaddressed a crowd of over 10,000 in the parking lot of Canisius College's athletic center on Main Street.A fter waitingnearly three hours beyond the scheduled 5:30 arrival time, the crowd enthusiastically welcomed the campaigners to Buffalo, the final stop on their Midwest campaign bus tour. Experts predict that the vote in the Midwest will play a critical role in the Fall election. A fter hearing froman array oflocal politicians, including Erie County Executive Dennis Gorski, Senator Patrick Mohnihan stepped tothe podium and introduced his colleague, Senator Al Gore. Gore delivered an impassioned speech, focusing on theneed for economicrevitauzation, affordable healthcare, and insuring a safe, clean environment. He rhetoricallyasked whya county which builds smart bombs can' t alsoproduce the bestconsumer goods. Healso payedtribute to' * oneof the hardest working" politicians he knows, Buffalo's retiring Representative Henry Nowak. During his remarks, Al Gore introducedhis wife, Tipper. As Tipper thanked the crowd for attending the rally, at least one individual crowd membershouted,'' Zappa for President an obviousreference toTipper's advocacy ofrecord warning labels. Hillary Clintoralso addressed the crowd, reminding theaudience thattheDemocratic Party,which supports the Family Leave Act George Bush - Photo: MichaelRadjavilch vetoed,isthereal pro-family choice inNovember. Gov. Bill Clintonthenlaunched into a halfhour accounting ofhispresidential platform. He beganby saying thathefavors maintaining well paying manufacturing jobs,althoughheremained silent on his current,precise position regarding the North American "Free" Trade Agreement. He said he will propose investingmoreresources ininfrastructure, increasing taxes on the wealthiest 2%, Welcome Back Picnic a Success OnSaturday, August29th atBairdPointonNorth Campus, law studentsweretreated ttoaWelcomeßackPicnic/BBQ. Over 150students came throughouttheafternoon despite the less than perfect weather- November winds in Augusta-la-Buffalo style. 2L Joe Antonecchiadescribed itbestsaying,' 'This whole thing issurreal.'' The students were equally divided from all the years, as lLs, 2Ls and 3Ls availed themselvesof freefoodandbeer. The old grill started going and the hamburgers and hotdogs went quickly.Towards the end ofthe day,therewere some hotdogs left that werenotaesthetically appealing (they looked likeYankee Stadium bleacher hotdogs), but snirdy stomachs such as those of3Ls Rob Cheng and Lydia Evans, and myself, still chowedthemdown. Thebeertookawhileto start flowing as thetaps from Wegmanswere defective. It took threetrips to geta working tap. Many studentswere said to be considering a Products Liability suit plus a suit for emotional distress because some serious drinkingwas temporarilydelayed. Nevertheless, students did getthekegs going andwentthrough two. Many studentsactuallyalso got some exercisein, playing volleyball, frisbee, softballand tossing the oldfootballaround. One volleyball endedup in the water, butluckily nolaw studentsdid.PaulRoalsvig isrumored to be still looking for the ball. Students were in awe at the Stone structure at Baird Point, although no one knows whatthehellitis or why itis there.The success ofthe day was due to thehard work and planning ofthe SBA Exec. Board, especially Steve Lee and Bridget Cullen, Bridget's boyfriend Tom Provost, 3LSteve Yonaty, and 2LKevin Collins. Photos: Paul Roalsvig implementing two-year apprenticeship programs for high school students who do not attend college, and creating a National Service Trust fund to make college loans available to all. This would involve providing students with the option to either enter jobs in public service (e.g., in teaching, law enforcementor otherpublic interest work) at areduced rate intheirhometowns fortwo years, ormaking their loanpayments during tax time. He closed by advocating a universal health care system, new lawsregulating the lobbying activitiesofformermembers ofCongress andthe administration, lawsrequiringcongresspeople to disclosetheirmajorcontributors, andtougher laws to enforce child supportpayments. Atone point, while advocating that corporate tax breaks for investment only be given to businesses that can clearly demonstrate investmentin America, an audiencemember shouted, "S &L Scandal," to whichClintonresponded that he would make sure that clearing up the corrupt savings and loans industry would bea priority under hisadministration. In contrastto his opponent George Bush's negativerhetoric in recent days (e.g. referring to Clinton's plan as' 'Elvis Economics' '),Clinton'stonewaspositive, focusing on what his administration would do; his only directattack on the President involvedridiculing Bush' scharacterization ofClinton' sproposednational health plan as having the compassion ofthe KGB. The event,attended mostly by supporters oftheDemocratic ticket, alsoincluded azealouscontingentofanu-reproducriverights protesters, seeminglyorganized by Operation Rescue operatives. These people protested outside the raised parking lot, at the entrance and alongMain Street. Inside therally, a vocal ACT-UP group reminded people thatAIDS needed to be addressed more in the political dialogue, forcefully interjecting between ...Clinton, continued onpage 11 Holtzman and Abrams Bring Campaign to UB , Saultan H. Baptiste,.Managing Editor TracySamtnarco. Contributor GarySimpson, Layout j Editor There were lights and cameras, but little turnout at the U.S. Senatorial Candidates' Forum held on Thursday August 2 7,1992 in SleeHall. Ofthefour Democratic candidates, only N.Y.C. Controller Elizabeth Holtzman andNew YorkState Attorney GeneralRobert Abrams attended. Both Reverend Alfred ("Al")Sharptonandformervicepresidential candidate, Geraldine Ferraro, elected not to attend the event which is the only senatorial forum scheduled for WesternNew York. The forum was sponsored by the UBLaw School StudentBar Association and SUNY University at Buffalo. The sparse public attendance was in no wayareflection ofthenumerous questions in the minds of those present. Many ofthose interviewed looked forward to adiscussion of theissues by the candidates inorder to make an informed decision before the upcoming November election. Third year law student, ShawnBoehringer, was undecided, butfelt that thereisa need for women to berepresented in the Senate. However, Scott Rudnick, also a third year law student, said he had a strong interest in Abrams.'' I have followed him for several years andI've likedwhathe' s done," Rudnick said. He also commented that "Sharpton'schances [ofwinning]are hurtby the 'TawanaBrawley incident' severalyears ago," but thathe liked Sharpton's drive and energy. Mostwere very disappointed thatFerraro did not come to the forum and felt she was resting on her strong lead in the polls. Second yearlaw student, ChristineFarley, said,'' SUNY Buffalo has the only law school in the State University system and Ferraro should have come to havehervoiceheard. Michael Schmidt, aUßundergradwhohasbeenclosely following the senatorial campaign, commented that he sees Ferraro's stand on many issues "to be similar to that ofSenator Alfonse D' Amato, *' the Republican incumbent. He is looking for another alternative. The small attendance did not seem to quench the fire of Liz Holtzman. In this, Holtzman's second visit to UB Law School, she echoed her concern for thelack ofrepresentation ofwomen in the Senate. She declared, "[S]omething'sverywrongwithaU.S. Senate that writes thelaws for over 130million AmeriSenate, continued on nextpage HIGHLIGHTS Ralph Nader Speaks at UB Law Commentaries and Editorials SBA Candidates Statements Prison Task Force Practicum 3 4-5 6-9 10 �trvewimgoodsaroundtheworldandputpeople lating national incidents ofpolice brutality. to work. Abrams generally declaredhis opposition to Immediately following Holtzman's racismandpointed tohisrecord on civilrights as proofofhis commitment to suchconcerns. presentation,Abramsaddressed those inattendance. Abrams' address was shortened as a Whenasked hisopinion onresidency requirements for police officers, Abrams statedthat result ofa reported traffic jambetween Rochester and Buffalo as well as a commitment to he was in favor of such measures as well as meetwith County Executive, Dennis Gorski, specialized training for police to deal with forty minutesafter hisarrival. police brutality. his abbreviated speech, Abrams atAbrams wasalso asked how he would pted to include most oftheplanks outlined respond to the inequities ineducational fundin his platform including Handgun Control, ing between inner cities and suburbs. He endorsementofthe FreedomofChoice Actand assertedthatvoters couldimprovethe dispara National Bias Crime Act However, the ityby voting SenatorAlphonseD'Amatooutof office, pointing out thattheSenator has been a centerpieces ofhis addresswere vigorousenforcement ofenvironmentalregulations and surrogate for Reagan/Bush/Quayle educational advocacy for a National Health CarePlan. funamgplansthathavediminishedNew York's Onthe environment, Abrams toutedhis shareoffederal educationfunding and have led credentials as adiligentproponentofenvirontoconsiderable inequities. Citing examples of mental protection by discussing a recent vicincreased Headstart and primary schoolfundtory for theDepartment ofLaw in acase more ingas programs he would advocate, Abrams popularlyknown as "Love Canal". Thiscase, declaredthathe would fightfor New York's Photo: Paul Roalsvig named after the Niagara Falls community fair share. the Senate todayis the failure ofits involved the illegalburial ofhazardous indusWhenasked to address public concern bership to ask not whatis the right thing trial wasteonlandownedby OccidentalChemiregarding greaterrepresentation ofwomen in , butwhatisthe correctpolitical thing to cal (HookerChemical Company)which inturn the Senate, Abrams responded, "Its not the soldthe property to the gender ofthe candidate ~ its the agenda." do. She cited theexample of the appointment of local school board. Abrams statedthatas Attorney General, he has Clarence Thomas to the As Senator, arecord for promoting women to 50% ofthe Abrams stated that the supervisory positions in the Department of Supreme Court in the passage of a National Law and has implemented policies whereby wakeofwhat shefeltwas a misguided Senate conHealth CarePlanwould women attorneys can work on part ime shifts. behistoppriority. When firmation process. When Afterthe forum, first yearlaw student, askedhowhewouldpay Mary Bryant felt thatAbrams onlycompared asked whatquestions she forsuch apian, Abrams himselfto Ferraro duringtheforumand didnot wouldhaveposed to Thomas, Holtzman said, "I seemtoconsiderHoltzmanathreatbecauseof responded thatproposals such as the Russo hisplaceinthepolls. She said "Holtzmanwas don'tthinkwewouldhave concrete andgaveherpersonalmotivations for had toget to the hard quesPlan(namedafter Contions because I think a gressmanRusso) which running. Shewas specific." SBAJ?resident,WilliamTrezevant,who serious investigation suggests a payroll tax on employersand a tax played a major role in planning the event, mighthaveuncoveredthe increase onthe wealthi- expressed extreme displeasurewiththeFerraro kinds offacts that would have conceivable made esttwo percent income campaign. He said,' 'Ferraroturned uphernose earners as means of to Buffalo because she wasahead in the polls any further hearings unfunding the suchlegis- and didn't feel politically threatened.'' He Erin Wolfe, 3L, questionscandidates. lation. also stated that the Holtzman and Abrams When asked about herposition onaffirmative action, Holtzman Other highlights fromthe Abrams' ad- campaigns wereverycooperativewithparticiexpressed that sheisa staunch supporter. She dressincluded questionsonhow.as U.S. Sena- pating in the event. Trezevant emphasized thathe wishedmore studentshadattended. tor, hewould brine some attention to the escareferred back to herworkasN.Y.C. Comptrollerwhere shewas able to establish a program formanagement firms owned by womenand minorities to receive city business. She intends to continue her efforts to assist such while in the Senate. Among the things thatHoltzman claims 11fightforon thefloorofthe Senate are ssage oftheFreedom ofChoice Actand the importation ofRU4B6, theFrenchabortion pill. The candidate feels that women should have theright to choose abortion,"...regardlessofwho sitsontheU.S. Supreme Court." She feels that American women are being "...deprivedofthemedkal andtechnological advances available to women in France, Eng land and Scandinavia." The issues most pressing to Holtzman the are economy andthe disparitybetween the rich and the poor in American society. She believes that impoverished Americans are "losingground" and that Americans are concerned about not keeping pace withotherna- N. Y. State Attorney GeneralRobertAbrams tions inindustryand education. Holtzman says Photo:Paul Roalsvig we have rebuilt other societies and we can rebuild our ownas well. The Opinion Wins Award One key premise forthe candidate is that The can againcall itself"awardwinning. "TheTjtwShidentDivisionof Opinion we need to shiftdollarsfrom defense spending the American BarAssociationawarded The Opinion aThirdPlace Award ofExcellence torebuilding our infrastructure, especially in in the "Editorial" category ofitsannual Law SchoolNewspaper Contest. Theeditorial, theareasofhealthcare,educationandhousing. entitled' 'Who'sResponsible forLaw School Image?,'' appeared in thelast issue ofthe Holtzmancalls ourhealthcare systema "band 1991-92schoolyear. aid" system which needs complete overhaulThe Opinion, in fact, has received several awards in the past For the 1989-90 also allocated fundsinNew YorkCity, itreceivedThird Place award for Excellence in the category of''Editorial academicyear, iptroller, to buildaffordablehousing. As Cartoonofßroader Aspects ofthe Law." In 1988-89, itreceiveda Second Place Award ler education, Holtzman states thatthe of"EntireNewspaper Reporting Overthe Year." In 1985ofExcellenceinthecategory ; to educate young people will cause -86, The Opinion took three prizes in the competition: an Awardfor Excellence for an cansocietytobetheloserintheend. She Editorial Cartoon on Internal Law School Affairs,'' andtwo Honorable Mentions for '' a to go to Washington, "...to see real EntireNewspaper Reporting Overthe Year andFeatures Article.'' '' itmentto higher education.'' The 1983-84 newspaper took two prizes, and the 1976-77, as well as the 1973, The speaker also articulated a planfor tookanawardeach. newspapers, thening ourinfrastructure based on the The Newspaper Contest, which is heldannually by the American Bar Association, ig ofatransportation system similar to requkesthatmeparticipatmgschoolssubnutwriutenpiecesfrommeirnewspaperswhich )fthe France orJapan. Holtzman stated fit various categories to submitfor the competition, as wellas one entirenewspaper for imilar system in Americawouldlead to the category of "EntireNewspaper..." Some categories, suchas theEditorial Cartoon, iwthofnewindustry.reducethecostof for whichThe Opinion wonanaward before, were not included in lastyears competition. Dilation, make our goodsmore competi- tin N. Y.City ComptrollerElizabeth Holtzman Senate, continuedfrompage 1 - can women and onlyhas two women in its membership. It'snowonderthatawoman's rightto privacy is threatened more eachday." Holtzman referred tothe 98 to 2ratio ofmen to women in theU.S. Senate several times during thecourseofher speech using the catch-phrase ofSan Francisco Mayorand California Senatorial Candidate Diane Feinstein,' 'Two percent is not enough." OnceaU.S. Congresswoman andBrooklyn District Attorney, Holtzman claims she isn't". ..running to join theU.S. Senate(she's)... running to change the U.S. Senate." Her dossier includesanti-Nazi war criminallegislation, legislation to protect victims ofrape, reproductive rights activism, anti-redlining effortsagainst the insurance lobby, programs against policebrutality and corruption in law enforcement, efforts againstracial discrimination injury selection, sponsorship ofhomosexual civilrightslegislation and severalrev italization projects aimed atrevitalizing New YorkCity. When questioned aboutherpolitical stance, Holtzman described herself as a liberal. When asked about allegations that D'Amato is heavily influenced by special interestgroupswhocontribute tohis campaign funds, Holtzmanassured theaudience thather political integrity has never been, and would never be, influenced by these same factors. She referredtoD'Amato'spoUtics as "sleazy" and said that shehas supported public finance ofcampaigns since her time in Congress. Additionally, Holtzman refers to the factthatshe has never beenwell financed as a candidate, due to herrefusal to bow to fiscal pressures when making political decisions. Sheasserted,'' [N]o one can buy me." She coupled herstatementwith an exampleofone ofher campaign contributors, FirstBoston, who was engagedin "questionableconduct" Holtzman claimed that she immediately referred the case to the FCC for investigation. The Holtzman Campaign issuedapress releasewhich questioned theactionsorTerraro regarding allegations that she, "...failed to evictaduldnomographerfromabuilding she co-managed." Ferraro allegedly allowed known child nomographers to remain in the building underhersupervision for at leastthree yearsafterpromising in her 1984campaign to evictthe individuals. Thepressreleasealso statedthatFerraro received $340,000 from thepornographers, and that sheshouldexplain why she was given the money and whetherany ofitwent toward her campaign. Holtzman callsFerraro's responses "weak". Holtzman claimed Ferraro should have inspected the premises, started eviction proceedings immediatelyandnorjfiedthepornographers that theirlease would not berenewed. Holtzman said Ferraro failed tomove quickly enough. In her opinion, the only way to take D'Amato' s seat from him isto moye on the "sleaze factor". Therefore, Holtzman concluded, these issues mightjustcost Ferraro the race. Holtzman believes that thebiggestprob- Eviih Bs Ite Tfc.Qjpwionv August 31,1992. 2 �Consumer Advocate DomesticViolence Task Force byKevin P. Collins, News Editor The Domestic Violence Task Force (DVTF) is astudent-run organizationthatassists victims ofdomesticabuse. It works with Haven House, anon-pro fit organization which shelters battered women, and receives help from the VLP (Volunteers Lawyers Project). The DVTF is currently engaged in two projects with a newone in the wings. Thefirst project is theTuesday NightLegal Program at Ralph in which students sign up for a day to be on call. The second partofthepro gramisone inwhich Nader Speaks at UB Law School studentsare on-call for duty for a number of days whenthey are free. This program alerts students to the law and how it works in the domestic setting. Students getto gowith and assist their clients in Family, Criminal and TownCourt A thirdand new, ambitious program is now being planned to be implemented by the byJoeAntonecchia R GROUP SPOTLIGHT will bea series featuring a different student group each issue Community Center, which is coordinated by Madonnaßeale,Box#6s7.Lawstudentsmeet with attorneys, mainlyfrom the Erie County Bar Association and VLP, andworktogether assisting clients withlegal domesticproblems throughan outreach program. Theylearn how to interactwithclients, know which questions to ask, and how to spot the issues. Students mainly work in getting orders ofprotection, divorcesand annulments. Thesecond program is the Hotline Program, which is starting up again Monday, September 14th.Ruth Yashpan, Box # 2 84,is the coordinator. Also coordinated withHaven House, this program matches students with DVTF. Itwould expand theTaskForce to help the student body, faculty and staff to talk to attorneys about their domestic problems and their options. TheDVTF is run by aSteering Committeeof 3 people— SubrataPaul, 3L,Box # 207; Ruth Yashpan, 3L,Box #284;and Madonna Beale, 2L, Box # 657. Students can contact themfor any informationandto jointheDVTF. There will beattaining sessionfor background information and procedure on Wednesday, September9th at3:3op.m. in Room#2lo. The DVTFOfficeisinßoom#6o4ofO'BrianHall andtheirtelephonenumberis(7l6)64s-2143. On the office door, students can find sign up Consumer advocate Ralph ;r spoke before a capacity dofabout3oostudentsinßoom 106onWednesday. Nader, brought to UB by Law Students For Corporate Accountability (LSCA), Buffalo Public InterestLaw Program (BPILP), theCareerDevelopment Office andThe National Lawyers Guild, spokeabout therole oflegal education in American society. Nader began by portraying thelegaleducationof thirty yearsago asbeing chiefly concerned with corporateand property law; he recounted his days at Harvard Law, where the purpose of legal fraining was to service the wealthiest 5% of the country indeed, there was only onecourse offering in bothTortand Propertylaw, and nothing in areas ofhousing, environmental and entitlements law. While today's curriculum does a better job at addressing law's role in the greater society, Naderstill feels that course offerings, legal text writing and teaching philosophies are still inordinately geared toward what is simply lucrative orconducive to the status quo, andnot whatisneeded to ensure equal rights andjustice in oursociety. Hetold the students thatmany very well payed lawyers become nothing but high priced, overworked paper pushers whohave very littlejob satisfaction. the CDO office. Nader applauded UB Law's wealthofpublic interest organizations, citing such groups as TheDomestic Violence Task Force, BPILP and LSCA as examples ofthe worklawyers should be involved in.Nader then fielded questions from students. In an interview before his speech, Nader stated that he was impressed with the way in which public interest activities had flourished under Dean FilvarofFs tenure. Earlier in the day, Mr. Nader and ProfessorLucinda Finley held a news conference attended by a number oflocal television stations, where they statedtheir opposition to the so-called " Product Liability Fairness Act" (S 640), scheduled to come before the Senate next week. Nader says thatthebillis a " brazen drivefor federalpreemption andreduction of existing and future state developed accountHedrewadistinctionbetween attorneys, those ability standardsagainst sellers ofunsafe prodwhohave passed the barand do legalworkfor ucts that liarminnocentpeople." In effect this the highest bidder, and lawyers, those who federal law would take away state common approachtheir life's work in law witha social lawrightswhichNew YorkershaveenjoyecLin some cases, for hundreds ofyears. Theyboth conscience. calleduponSenatorsD'AmatoandMohnihan Inclosing.Naderencouragedthestuto dents considerworking in public interestlaw to opposethis bill,and thenfielded questions he suggested that studentstakeadvantage of from local consumerreporters. careerresourcesfsuchasGoodWorks) foundin - D VTF CoordinatorsModonna Beale (2L), I, andRuth Yashpan (3L), r, address students. clientswhomustappearincourt Thestudents escort the clients and serve as advocates for their rights, as well as providing emotional support. The clients, ifthey so desire, can get assigned counsel. The Hotline Program really works in two parts. Thefirstpart isanOn-Call Program Photo: Paul Rolsvig sheetsforwaDc-throughs ofFamilyCourt. OnMay 14ththeDVTF was selected as the recipient of the New York State Bar Association's 1992Law StudentLegal Ethics Award. Theaward, inthe form ofacheck and an award certificate, was forwarded to the TaskForce from the State Bar Association's Committee onLegal Education &Admission to theBar. This is in itselfa greataccomplishment,butoneofevenmorenoteworthy achievementbecause the DVTF started only two years ago. TheDVTFstartedintheschoolyearl99o-9 coming alive inthe Spring'91 semester, in large part due to thework of 1992 graduate, Catherine Cerulli. It is a great accomplishment for this new group to receive such ac1, Massive FirstYear Class Result of Tenure Dispute filedinNovemberof 1991 and was to heard by already slatedto teach a section ofcivilproceJudgeSkretny.U.S. DistrictCourt Judge forthe dure each. Olsen agreed to take on the additionalsection. Upperclass studentsregistered Western District of New York, has yet to be to take classes with Blum this semester were acted on. Judge Skretny, in fact transferred the informed by mail over the summer thatthey motion to U.S.Magistrate Judge.Leslie G. Foschio, who also has failed to act on the school. TheSectionOneCivilProcedureclass would have to findother courses. hehad taught for thepast few yearsand which The controversy between Professor motion. he was scheduled to teach again this yearhas Blum and thelaw school beganlastyear when Seeing that the district court was not been combined with Section Two into one he filed complaints in both Federal and State going to act on his preliminary injunction class taught byProfessor Olsen. Court in which he alleged, basically, that he motion in time, this summer Blum filed a Dean Boyercombined the two sections had been unfairly denied tenure. Named as petitionforawritofmandamusintheCourtof this past summerwhen, as he puts it, "things defendants in the suitswere the university, its Appeals for the Second Circuit. The writis [surrounding the Blum law suit] became president the acting provost die former law unique in that it requests the CircuitCourt to muddled." Dean Boyer, who was Dean of school dean, and several law faculty members. actually hear thepreliminary injunctionrather Academic Affairs at the time, says he placed The federal suit which survived a motion to than simply order the district court to do so. Blum on the class schedule last fall on a dismiss, moved into the discovery phase in Blumdidthis becausetherelief soughtmust be granted immediately ifit is to be ofany value. "contingency basis," in the hopes thatthings early spring of 1992 and wastentatively scheduledfor trial inmid-May, butitwaspostponed. would resolve themselves. But by late sumAccording to Blum, thepetition is schedmer, they had not so the Dean had to find an Meanwhile, Blumhad fileda motion to uled tobe heard on September Ist Shouldthe alternate. Only two other professors on the obtainpreliminary injuc tionrequiring theuniCircuitCourt take the extraordinary step of faculty had extensive experience teaching in versity president to guarantee him an addihearing and themotionand granting B himthe the area, Berger and Olsen, and both were tional yearofteachrng. Themotion,which was reliefhe requested, he says thathe would be by Vito A. Roman, Editor-in-Chief Professor JeffBlum may technically be gone, butpartofthe incoming class is feeling the effects of his law suit against the law claim in justtwo years. To date,theD VTF has helped over2oo women. TheDVTF is greatway forlaw students, in particular 1Ls, to get hands on experience in the Court system, working with attorneys and clients, and to learnabout family law. willing to teach "basically, anything." Blum acknowledged that itwas probably too late to step in and begin teaching his civil procedure section, but that he would be willing to teach two upperlevel seminars,perhaps on thefreedom of speech or the War on Drugs. Dean Boyer, whenasked aboutwherehewouldplace Blum should the Second Circuit order him to do so, said hewould "comply with any court order." For now, however, the massive civil procedure class will stay. In arriving at his decision, Dean Boyer said that he ' 'prefers smaller sections because their isareluctance to talk" in a larger class, but that Professor Olsen believed that whenever the class size went above sixty students, that class interaction began to become limited anyway. The standard first year class size at UB Law is approximately ninety students. August 31,1992 The Opinion 3 �opinion my August 31,1992 Volume 33 No. 2 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant Contributors: Joseph Antonecchio, JosephBelluck, Tracy Sammarco EDITORIAL Larger Slate Demands Increased Voter Turnout For Americans, voting in national elections in recent years has become littlemore than choosing thelesser oftwo evils. All too often, voters simplyabstain from voting, sincetheir true preference, voting for' 'none ofthe above," is not on the ballot. This year's SBA Class Director election, however, will be different. More law students want to become SBA Class Directors than in any ofthe past three years, or maybe even more (you look it up). Why thishas happened is anybody' s guess, andeach ofyou will probably attribute it to adifferentreason. Whatever the reasons, you now have choices. Yet having choices mean nothing unless they are informed choices. Ask questions of the candidates. If you do so, the election will become more than a popularity contest. For example, how do they as Class Directors plan to contribute? What do theyknow about the SBA governance system, parliamentaryprocedure, and the law school workings? Do they, as most profess in their candidacy statements (which appear on pages 6-9 ofthis issue), have the time, energy and dedication to do the job well? Even the question' 'what is your vision for UB Law School?'' is fair game since Dean Boyer has put togethera longrangeplanning committee to do justthat, chart the future of the law school, and he expects and desires student input on the subject Anotherreason to vote inthis election isthat themore votes cast, the less the likelihood that their will have to be run off election for Directors whoreceive equal number ofvotes. The soonera full board is set up, the sooner the SBA can get down to business. Speaking of a full board, two pieces ofbad news have come down, both regarding Hank Nowak, currently the SBA vice-president. First, due to time constraints, Hank will be stepping down from his position as VP. As such, an election will beheld soon to fill his post. Secondly, subsequent to his decision to step down, Hank was hit by a motorist whileriding hisbike in North Buffalo and suffered a broken leg and other injuries. He is being treated at Erie County Medical Center. Any well wishes for Hank shouldbe sent to him in care ofECMC, Grider Street, Buffalo. We all wish Hank a speedy recovery. Vote for SBA Directors Today,Tomorrow,Wednesday in front of Library! Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperofthe StateUniversity ofNew Yorkat BuffaloSchool ofLaw. The views expressed inthispaper are not necessarily thoseof theEditors or StaffofTheOp iruon. TheOpinionisanon-profitorganization, third classpostage enteredatßuffalo.NY. Editorial policvofThe Opinionis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthreetyped doublespacedpages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampusorUnited States Mail to The Opinion. SUNYAB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines for the semesterare theFriday beforepublication. The ideasexpressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the EditorialBoard ofTheOpinion. The Opinion 4 ,:ust3Ll992 Opinion Mailbox To The Editor: IntheS.B.A.President'sMessage. The Opinion. August 19.1992.1included Professor Swartz' name among those professors who hadnot yet turned in their grades for the last semester. My inclusion ofthegoodProfessor'snamewaswrong. I therefore apologize for this mistake. As we allknow, themajorpartofthis journey through life is the process ofmaking mistakes and subsequently taking responsibility for them. In this vein, I take full responsibility and assure the community that I will make every effort to remedy this unfortunate occurrence. As part ofthis, I have asked The Opinion to publish this letter. YoursTruly, William F. Trezevant, SBAPresident COMMENTARY: Sexual or Sexualized? by TracySammarco Whatis the originofthis heated controversy surrounding the' 'Top Free Seven?'' Mostofusknowthebackgroundofthisstory;thetop freeprotests in Rochester, therecent marchoftopfree Canadian and American women overthe peace bridge. Yet many people seem to be scratchingtheirheads and wondering whythis issue is even an issue at all. A recent article in theBuffalo News by Susan LoTempio would haveusbelieve the subject is anon-issue, the superfluous whim ofsome eccentric feminists who detractfrom more valid questions ofwomen's equality, hi truth, this quandary is not only important, itmight justbe imperative. The assumptions and arguments on both sides ofthis issue tell usa great deal aboutour society andits opinion ofwomen. Isthe female breasta sexual ora sexualized object? The distinctionbetween that which isinherently sexualand that which isimbued withthe ideaofsexuality isthe root ofthemisunderstanding. Onemightwondertowhat endsociety cloaks thefemalebreast in taboo. Mystify it, tantalize your observer with secrecy regarding theobject,and you have a perfectmarketing strategy. Is this not a fairly basic tenant ofsalesmanship? We, as asociety.areraisingourdaughterstoplaytheroleofthe sideshowfreak. Weareteaching ourchildren thatwomen have anatomical parts whichare somehow shocking, wrong to expose in the same way as man exposes his. What makes the breastof a woman sexual and the breastof a mannot? There are parts ofthe human body, both male and female, which we canrefer torather definitely as functioning in a sexual manner. This is not possible with awoman's chest Aboveand beyond the eroticauracreated by the various industries in ournation which profitfrom the sexual breast, the female breast isactually asexual. Howmany industries would sufferfrom the lossofthe sexual breast? Pornography, plastic surgery,swimwear,lingerie...thelistofwhose who wouldlosealarge chunk ofprofitis endless. Thebreastmaybe,righthereandnow,asexualizedobject However, generations ofmen andwomen growing upfrom childhoodwithout a socially constructedawe ofthe femalebreast willnot be givento stareata top free woman in thelocal park. Our aunts, mothers and sisters willbe forus the model ofthe natural, non-sexual breast;justas our uncles, fathers and brothers have shown usthemale version. Many people arguethatthere are issues more pressing thanthe right ofwomento go top free. The factisthatall issues ofinequality betweenthe sexes can be traced to the exploitation ofwomen's sexuality. We are constantly and systematically chopped into tantalizing bitsandrearranged on the pages ofmagazinesand onthefaces ofbillboards. If wehave breasts, buttocks orlegs which somehow deviatefrom the ideal model weare ...Sexualized, continued onpage 10 Whose "Family Values" Are They Anyway? bySaultan H. Baptiste During theRepublican National Convention afewweeksago there wasalot of talkabout" family values." Afterattempting to discern theirvarious definitionsfor family values, I find this year's presidential campaign to be the most frightening I have ever followed. Although atfirst blushthe term family values'' seemsaverybasic concept, ithas been used by theRepublican Party as a "code term to covertly disregardthe needs and interests ofalarge number ofAmericans. The traditional family of"Father Knows Best begins with the premise that motherdoes notknow. The decades ofstruggleforequalityfor whichwomenhave fought isbeing frowneduponby the Republican Party. Is Hillary Clintonreally lessofamother because shechose to pursuea career inlaw? (Why isthis anissue inaPresidential Election anyway?) They are sending a message to women whohave aggressively moved into influential positions in corporateand legal structures thatyoucan'tbeagoodparentand have a career at the same time. For Republicans,'' family values'' means itistime for women to return to theirrightful place in thekitchen and subservientto theirhusbands. The' 'unconventional single parent family isalso underattack. Although few may questionthe benefits ofhaving twoparents to serve as arole model fora developing child, it in no wayguaranteesa healthy familyenvironment Thefact is, thatthere aremany single parentfamilies who havebeen more successful inproviding betterhomes fortheir children than some two parent families. Butwhat single parents are they really addressing? Recent statisticsreveal that 56% ofAfrican American children areraised in single parent households, most ofthem headed by women. What have Republicans provided for them in their platform? It is ignorant to believe thatthe interests ofminorities in America are an important issue in the Republican platform. Through theuseoftwo words, theRepublican Partyhasdenied the cries for change heard from the inner cities during the Rodney King riots earlierthis year. Although several gay Republicans spoke at the convention, it in no way - inAmerica, orthe charges ofho mo sexualdiscrimination withinthe Republican campaign Whose "Family...," continued on nextpage �COMMENTARY: Trials By NatalieLesh "Mary,"theaideshouts. "Theresa man here to see you. Yourlawyer. Do you remember him?'' Theold woman' sgazeis solidlyfixed on thekind, plump face ofthe aide, never wandering to thefigure standingbeside her. The pale, almost translucent skin of her arms falls in folds, rippling towards her equally creasedhands. ' 'Mary," the aide repeats, this time a little louder. "Your lawyer ishere to talk to you." " Yes,"Mary nods, her cloudy and faded blue eyes still not wavering fromthe aide's face. The aide guidesMary' s wheelchair expertly downthewide, desertedhallway of the nursing home. The lawyer follows, silentlyreaffirming his intense dislike for hospitals and nursing homes. A shiver travels down his back as he inhales the sickly-sweet smell ofdisinfectantmingled withurine. But itisthe smell ofage which most sharply offends him. It pierces his body. Chokes him. Pleaseletme diebefore I am sent to a place like this, he prays to himself. The balloon-shaped signonthedoor which has been carefully cut out ofbright pink constructionpaperannounces that they havearrivedat"Mary'sßoom." Theroom is neither spacious nor confining. Itcontains the essentials: bed, clothes cupboard, chair, food stand, dresser. The lawyer'sattention is immediately drawn to the series ofplug outletsby the bedwhichmenancinglyooze long, black, snake-like cords. The large, oversized doorclicksshut as theaide quiedy disappears. The lawyer turns to address Mary and is once again overwhelmed by the smell,that smell. He feels itcrawl over him, settling onhis skin. "Mary," he begins, "do you remember whatwe talkedaboutbefore?'' "Yes." ' 'Do you remember that we talked about whattodowithyourmoney whenyou die?" "Yes." "Do youremember thatyou saidthat you wanted to leave it to the S.P.C.A.?'' Features Editor ' Tdon'thavevery much money." "WelLifyoudo." "Oh." Pause. "Yes." ' 'Okay," thelawyer sighs,relieved thatthingsaregoingsmoothly. "Thepaper that I have here is your Last Will and Testament. It saysthatwhenyou die Imust pay your debtsand your funeral expenses, andthatwhateverisleftoverwillgotothe SPCA." "Letmeread it,"Mary says,reaching out her small,aged hand. Somewhat takenaback, thelawyer hands herthe thick, stiffdocument Mary adjusts her glassesand thenleans overthe first page. They settle into the silence as Maryreads through the entire document, filled with legal terms which the lawyer knows she cannot understand. It isthen thatthelawyer noticesthe ticking. At firstamere distraction,itgrows louder and louder. The lawyer squintsin an effort to block out the tedious, annoying sound. Thetickmgfillstheroom,andwith eachtickthelawyerfeelsamounting sense ofapprehension. Mary's sudden sneezingattackjerks thelawyer'sattentionbacktothe9B-yearoldwoman. She is gentlyholding atissue to hernoseand mouth. "That's my clock," she explains, looking overthelawyer'sshoulder. "Robert letme bringitherefrom my apartment. He had it fixed." Thelawyercringes. Hehadhopedto avoid discussing Mary' sonlychild,Robert, whohaddiesjustsevenmonths before. He recovers quickly. "Roberttookgreatcare ofyou." ButMaryhasretumedher attention to her Last Will and Testament slowly turning to the final page. ' 'Do Isignthis?,'' sheasksthelawyer when she isfinished. "Yes, right here," he responds, indicating a line belowwhich her name is printed. He is barely able to conceal the happiness in his voice. Hecan leave soon. Mary signshernameslowly, forming each letter with careful precision. Two drops ofclear liquid fall from her nose as ... Trials, continued onpage 10 War On Drugs? by GarySimpson On November 3,1992, Americans will go to their local polls to elect a national leader. Bothofthe currentcandidatesprofesstobeadvocatesof "strongandvigorouslaw and order" and the highly touted " war against drugs". On the surface, such endeavors are difficult to argue against however these policies as they are implemented and executed by law enforcement agencies require "strictscrutiny". To many consumers ofthe eveningnews, newspapers andnews radio, the arrest ofstreetlevel drug dealers might appear to bejustdesertsforthe scum whopush poisonous substances on ourfriends and family. Even I sometimes believe the hypeand become tempted to applaud law enforcementefforts onthis particular front thenreality sets in. First I ask myself whetherlaw enforcement agencies are truly interested in the eradication ofdrugsand theaccompanying diminutionin crime thatwould ensue or just selfperpetuation. Ifthe answer is the former, whynotattacktheflowofdrugsatitssouTce. Anyonewhohaseverhvedinaninnercity can identify with thepointlmmaking. There are no marijuana, poppy or coca fields intheinner city, yet the endproductsoftheseplants persistently floodthese areas. It doesn'trequireanexhaustibleamountofcommonsense torealize that ifone wantsto impede the flow ofwater, one simply turns offthe tap. We don'tscoopbitsofwateroutofthesim^wimaspooninhopesthattheflowwillcease. In effect, this isthe folly ofconcentrating on arresting and incarcerating street level drug dealerswhileallowing majortrafficersand theirpoliticallyconnected accomplices to go free. For the government to assert that it is unable torestrain the export ofdrugs to the U. S. by countries over which it wields financial influence insults the intelligence ofthe generalcitizenry. Yet the government struggles tomaintain stable diplomaticrelations withcountries whose major exports include illegal drugs. At the same time, inner city youths are persistently presented to the public asproof that "we are winning the waron drugs." Itmust berecognized thatmore oftenthan not dnn? distribution in the inner cities isaccomplishedthroughupperandmiddle level dealerswhoreside in thehightomoderate affluence ofthe suburbs. Yet, as I drivethrough the comfortable confines of suburban communitiesthere does not appear tobe thelook ofthepolice statereadily found in innercities. However, at thefinaldestination onthe chain ofdrug trafficking(home ofthe nickel and dimestreet dealer)wefmdanovenvhelmingnumberofpoUceofficers wholikenthenexperience withinner cityresidences to "somethmgoutof Gorrilla'sln TheMist." What is even more outrageous is that the majority ofthesepolice officers do notreside in the communitiesthey police. Many police officers view these communitieswitha great deal of disdain. A disdain that is manifested by the infrequent atrocities as viewed by suburbanitesonthe evening news(i.e. Rodney King). Theyarerarely informedthatthese events happen much morefrequent than is suggested in the media. In fact most police brutality cases never make it to any news medium. Mostrecently,onJanuary29,l992 ,in the city ofTyler, Texasperhapsthe ultimate m attocities wasconvnitted by me pobce mthe na^ ofthenight,actmgonan''anonymomtip",tiiepohceburstedmtothehomeofAnnießae Dixon (an 84 yearoldBlackwoman),kicked inher bedroom doorand shotherto death as sherecouperating from illness. As it turns out no drugs were found on the premises. As is frequently the case in suchincidents, the officer claimed he' 'tripped and his gun went off' 'accidentally. A grandjury of 10 whitesand 2 blacks acquitted the officers. Bytheway.twomembersofthejuryelectedtoindicttheofficers. ultimately "the system" Workedforthe officer, but I don't think "the system " workedforAnnie Rae Dixon (may she rest in peace). This is but one example ofthe harsh reality ofthe' 'war on drugs" as itimpacts the inner-cities in general, and minoritycommunities specifically. After learning aboutAnnieRaeDixon, I cannever viewthe so called"war on drugs" as a success. Can you? THE INTERVIEW METAMORPHOSIS - JILL fenME&Y * " 71 Whose "Family..., con tin'uedfrompreviouspage itself.As I satandwatched Buchanan's speech, one would have thought that America was returning to theMcCarthismofthe 19505. Is the Democratic Party really an alternative? The sad fact is that there is no differencebetween whattheBush campaign is trying to do and Bill Clinton taking Sister Soulja' s comments outofcontext to win over this same middle-class, conservative and mostly whitevoting constituency. By playing upon white fear of the Black community, Clinton' s lactic targeted the same group pursued by the Bush campaign in 1988 with the Willy Horton commercial. What is the answer? The fact is this year's election may reflect little change for thesedisenfranchised Americans. Youcannot solve a problem unless you are willing to acknowledge the needs ofAmerica - all of America. To increase the value ofAmerican families one must help those that are in need ofsupport so that America can compete in a global marketand can create a stronger country. Isolationist, domestic policies will only provide greater division within America. However, it seems that those that have, will continue tohave,and those that don't, wil 1 have less. August 31,1992 Tlit Opinion 5 �1992-93 SBA Class Director Candidacy Statements IL's No Photo Provided Patty Campbell, IL No Photo Provided Eduardo Meire, IL I would like to take this opportunity to introduce myself, my name isEdaurdo Meire and I am a candidate for class directorofthe StudentBar Association. Asclassdirector,my objective is to always maintain a close working relationship with the student body and remain sensitive to theirconcerns. In 1991,1received byB.S. in Criminal Justiceat John Jay College ofCriminal Justice in New York City. The study ofcrime and humanbehaviorsparked a tremendous interest in our criminal justice system. This interest has driven me to study law at ÜB. As an undergraduate,while working two years as a paralegal at the international corporate law firm ofBecher, Glynn, Melamed & Muffly, I establishedand operateda mid-sized, familyowned construction company in New York City. Both opportunities havedevelopedgood communication and leadership qualities,which can bean asset when expressing the student's viewpoints. I urge the student body to vote at next week's election. We are fortunate to have a poolofdiverse, highly qualifiedcandidates on theballot Thankyouforyourtimeandconsideration. Best regards. No Photo Provided Chris Shea, IL Since "pleasure reading" during the first year law seems to be a contradiction in terms, my firstpolitical promise is to keep this short and to the point. First ofall, my name is Patricia Christine Campbell (Patty)andlamarecentgraduateofU.B. I like baseball, apple pie,and my favorite color is red, white and blue... Seriously through, when I was an undergrad, I worked full-time and went to school full-time at night. Needless to say, I didn'thavemuch timeforschoolactivities and Ireally missed feeling like part ofthe student body. In high School I was very active as Presidentofthe StudentCouncil and my experience in the Navy has made me a practical ' 'whiz at dealing withred-tape. I am confidentthat I have theability to effectively represent ourclassand although its too early to responsibly debate "the issues, " I dohave threebasic goals ifelectedas Class Director: (1) To clearly articulate the opinions and ideas of our class to the SBA and the Administration; (2) To successfully lobby for the appropriations of funds (out ofan approximately $60,000 budget)toallgroupsandactivities that ourclass chooses to endorse;and (3) To prompdy pass on all relevant information sothat we, as agroup, can make informal decisionsand produce alternatives, if necessary. Thankyou fortaking thetime to readthis and I hope you all come out to vote (and remember, VoteFor Campbell likethe soup!!). One, undoubtedly, would expect thatin the tradition oftrue politics, a candidate such as myselfwouldtake advantage ofthis space by promisingas many things to as manypeople as possible. I wish I could. However, inthewords ofJonathan Swift, "promises like pie crusts are made to be broken." This is especially true in this instance. While I would like to take the high moralroad, the factremains that I've been in this city and at this school for the aggregate sum oftwo weeks. I wouldn'tknow what to promise or to whom. I would simplylike to take this opportunity to introduce myselfto myfellow first-year sutdents and to encouragethemto voteonAug. 31-Sept 2. My name isChris Shea and I'm originally from Hartford, Conn.. I graduated last Mayfrom MaristCollege (Poughkeepsie, NY) with a degree in journalism(perhaps the only field more maligned than the law right now. Obviously, law school was astep up for me). R. Mark Bertocci, IL My reasons forrunning forthe Student As a Class Director, I will focus on Bar Association first-yearclass directorposiout onesimple, yetimportant objeccarry ing tion are pretty simple: I wantto get involved tive: keep open the line ofcommunication to insomethingproductive and challenging. And between the StudentBar Association and first I wantto ensure that my experience and my year students. Toachievethisobjective,lwill class' experience are asrewarding as possible. I encourage all sutdents to voteand to do strive to: 1)keep myself aware of your conitresponsibly (practice safe voting, I guess it cerns and interests, and 2) keep youabreast of could be said). During the course of this the events andissuesregarding the SBA. I feel Ihave the qualifications to fulfill extensive campaign (all 3 days of it), I can both of this objective: part of the aspects confidently say thatevery candidate is welltorun for thepositionof reason decision formy intentioned and qualified. I'd especially like ithasallowed me to Class Director isbecause to note the names of fellow candidates Dave I derive a lot of actively pursue something Marcus, Ed Meire, Luke Bellocchi, Mark new pleasure people. from Those of meeting Urbanski and ScottWich. These students have have am I I you met know and apfriendly my votes andI think they should haveyours as Furthermore, have the intestiproachable. I well (Keep my in mind, too, please). to nal fortitude address a section ormore of In conclusion, onceagain, please try to the so to year first class as of keep youabreast vote and tobe involved. Unfortunately,apathy the issues. and academics often gohand-in-hand as faras Theobjectiveoflceepmgopenihehheof studentgovernmentisconcemed. Thiscanbe communication between first year students changed. LifeinUßlawschoolwillendforall hasbeen A and the SB the coreo fmy campaign of us someday and for the apathetic, thereal it I because feel is the most important element world willprove to be much less forgiving. continued next column Thanks for your time. 6 The Qptnioq Au3gs1t 1992 David Marcus, IL WScioht, IL Totheclassof 1995: Myname is David WICHv. OPPONENTS Marcus. I graduatedformBrandeis University TbeUß First-Year Law Students, 1992 Background: IcometoUßafterreceiving in December of 1991 as an art history major (you can see the obvious connectionwithlaw). my bachelor degreelast spring, in Marketing After schoolIstartedworkingforthe Jonathan and Psychology, from the University o fNotre Woodner Company in the art departmentcat- Dame. When not playing student, I live on egorizing artworks, pricingthe sales ofpaint- Long Island(neartheShorehamNuclear Power ingsand drawingsat Christie'sandhelping to Plant). prepare an art catalog for a traveling art exhiLegal Theory: If you giveme enough bition in SwitzerlandandFrance. Being anArt votes,lwiUbeiepresentmgyoumtheupcorning History major, I was surprised to actually find year. a jobwhichput my concentration to good Facts: I guess this category wouldbest At Brandeis, the majority ofmy time serve to relate my "qualifications." Last was taken up byacademics, my girlfried and summer I wasan EditorialAssistant for alocal the swim team, but I did have some other newspaper back home. The summer before I interests. I spent two afternoons aweek teachwasan intern in the Suffolk County District ing Special Olympic athletes how to swim- a Attorney's Office. I've done considerable rewarding experiencethatacted not onlyas an volunteerwork,includingworking onesummer escape from studying and framing, but also asacounselorinahomefortroubled teens. I've gave me the satisfaction thatI was helping the evenwrittena couple ofbooks nowused atmy community. I beganservingthe community in alma mater. I'm also an eleven-year veteran HighSchool as a defense attorney for the trumpet player, so I know how to dealwith ..Marcus, continued on page9 Wich,continued onpage 9 use. ... Bryce Baird, IL Mark A. Urbanski, IL I am from Rochester, NY and graduated Thank you for taking the time to read fromCornell University withaß.S.inNatural these statements and learn more about the Resources. In 19911studiedresource economcandidatesrunning forthe SBAboard ofdirecics and nature conservation at LincolnUnivertors. SBA really is important, most of all sity Canterbury, in New Zealand. I recently because it allocates funds to other student groups. I believe that when these funding completedafive-month fellowship at thePodecisions are made, itis important to have an litical Economy Research Center in Bozeman, independent voice (and preferably many) on Montana. I have also workedfor The Nature the board thatis not beholden to any particular Conservancyas a conservationeasement docu"party" or slateofelected candidates. Thatis mentation intern. Given mybackground, itis understandwhylamnmningforaseaton theboard. lalso able that I am particularly interested in envifeel thatthe SBA should have a higherprofile and sciencelaw. As ronmental.biotechnology in the school, not justlimited to "party at...'' notices scrawledonblackboards. Perhaps the SBA director,I planto encouragethe developSBA, like so many other groups do, could ment ofthese appliedfields oflaw at Buffalo, sponsorprogramsorbring inspeakers, ormaybe along withother fields of interest to Buffalo students. Law is becoming increasingly spesomething else... I'm open to suggestions. cialized,andwemustsupportourcorecurriculumwith specialized offerings. I alsohope to encourage an atmosphere in effectiveleadership; afterall, Class Direc- ofcooperation and supportamong Buffalo stutor is elected by his classmates as theirrepredents, afterall, weare future colleagues. I will sentative,to serve on the class' behalfand not insist onthe highest standardsofethicalconduct to pursuehis orher ownpersonal agenda. possible, to protect the interests ofall students continued nextpage, bottomfirstcolumn �1992-93 SBA Class Director Candidacy Statements No Photoi Provided Adeline Goldman, IL Luke Bellocchi, IL Perot Clinton, Bush?- what's up with Marc Panepinto, IL that? All I can say is that ifI get electedas a SBA Director, I promise to inhale next time and then I justmight see the Thousand Points ofLight. I feel thatas first year students we won't get to know any ofthe candidates well enough before the election toknow how well they willservethe community(or whether they will have an affair, bribe professors, misappropriate beer money, etc). However, what I can do is show you whatI' ye done in thepast and what Ihope to achieve as an SBA director. Atthe University ofRochester I (was): -Resident Advisor- 2 years -Class Senator-Student Senate -Senate Parliamentarian -Chair, Academic AffairsComm.ofthe Senate -SteeringComm.,Community Service Dorm -Political Science/PsychologyMajor For the purposes of time, space and repetition, I willforego describingthechronology ofboth my educational and life experiences which''qualify me to be aclass director. Theonlybiographicalinformationnecessaryismyname.MAßCPANEPlNTO. The conceptofthis introductory articleis to allow people to makean informed choice about the firstyearclassdirectorcandidates. Although itseemsridiculous to thinkthat any onearticle could achieve this goal, I will attempt at a minimum to convey my attitude ofwhat studentgovernmentshould do. Studentgovenmenttobesuccessfulmust empower, inform and service the needs ofits constituents. AtUB empowermentcomes in many forms, butthe most glaring example is thatwecontrol our ownmoney. The student fees thatlaw studentspayare collectedby SubBoardOne, andturnedover to SBA to distribute asitwishes. Oneofthemostimportantjobsof ...BeUocchi, continuedonpage 9 ..Panepinto, continuedonpage9 Gwen Carr, IL I am running for class director because I wantto help serve the interestsofthe student body. I am interested in hearing about the concerns that students have about the law Hello to the enteringclass ofthe Universityofßuffalo SchoolofLaw. Congratulations onyour individual accomplishments in gaining entranceto law school. My name is Arlene Goldman and I amrunning for theposition of Class Director with the Student Bar Association. lamfromNewYorkCityandreceivedmy B.A. in English fromLehman College ofthe CityUniversity ofNew York in May, 1991. I am interested in becoming Class Director because I am confident thatIcan relate to people on all levels and do an effectivejob ofrepresenting your interests to our Student Bar Association. Two years ago, I performed an 8-week internship with the Congressional Hispanic Caucus on Capitol Hill, which afforded methe opportunity to interact with members on all threebranchesofgovernmentandmany individuals employed withthe variousadministrativeagencies in Washington, D .C.. This experience encouraged my interest in government and politics. The following yearI servedas a student senator for Lehman. Through my membership withstudent government andBudgetCommittee I was able to get answers to many ofthe questions studentshadregarding the spending oftheir activity fees. Also, I was part of a student-facultylobbying team in Albany during the 1990 legislative session. Subsequent to my graduation from Lehman I became employed at a non-profit organization, whichprovidedemergency food and social services to low incomeand homeless people in East Harlem. Atthisjoblhad a lotofcontact withourclients. I advocated for entitlement benefits, madereferrals forhousing, food, job training and many other programs. Ileamedthatkindnessandunderstandingwereenoughto support the dignityofthose who depended on our services. These experiences have taught me that I possess the ability to understand and work with people from all walks of life, from the homeless ofNew York City to our elected officials in Washington. If I am elected as Class Director I can only say that I willapply the same effortand dedicationas I have to all ofthe otherprojects I've even undertaken. I willwork diligently tolink yourconcerns with theactionsofour StudentGovernment Thank schooland in ideas forremedying those concerns. Inparticular,theneedsandconcernsof minority groups are important to me, especially those groups whose voices often go unheard. I do not haveany prior experienceon a student council. However, I have hada variety oflifeexperiences thathavehelpedme understand people's problemsand findsolutions to them. Before coming to law school, I worked for threeyears as amental healthcase manager at an outpatient mental health center. The job ofamental health case manageris toadvocate for the needs of people with mental illness. Thistype ofworkrequired anability to beable torelate to people and to be sensitive to their unique problems and difficulties. It also reqi \ed goodlistening skills. The ideaofcommunity, and ofpeople looking outforoneanother, is also important to me,especially in today's world wherethere is an overemphasis on individual interests. I experienced the values ofcommunity living when I first came to the United States after leaving Great Britain, which is where I am originally from. I lived and worked at acommunity withpeople from differentcountries and with different disabilities. One of the ideals we strove for at this community was making decisionsby consensus. These experiences taught me how to be both a teamplayer, anda leader. Most importantly, they also made me realize that I can you help others. That is why I want to become a class director. Thank you forreading this statement. 2L's No Photo Provided Paul Beyer, IL My decision torun forFirst Year Class Director stems from my sevenyears ofpub he service experience and my strong social convictions. As anaide to ahigh-ranking Member of New York State Legislature and subsethe quently, alegislative reform lobbyist for the American Cancer Society, I foughtthepowerfulinsurance and tobacco industries inAlbany -and won! Througheffecuvecoahtion-building, grassroots advocacy and pure tenacity, I successfully promoted the passage oflandmark legislation this year to endhealth insurance discrimination in NYS and combat the dangerous trend ofchildhood tobacco addiction. Basicalry.lknowhowtogetthejobdone, regardless ofthe opposition. An underlining goalofminehasalways ...Beyer, continued onpage 9 at Buffalo and to make surethatpeople leave this law school with a respect for ethics. Finally, I will do my best to listen to your concerns and to allocate our school'sresources andeffortsaccordingly. Joe Khanna, IL I hereby submit the following statement in supportofmy candidacy forFirst YearClass Director. I thankall those who supported my nomination to this ballot,andI lookforward to Christin Horsley, IL My name is Christin Horsley, and I am running for one of the six positions ofClass Director. Amidst the chaos of the past two weeks, I've met some new faces and made meeting, personally, each ofthe members of some new friends, yet stillhave many more the FirstYearClass. lam a Canadian citizen, people to meetand friends tomake. Forthose and myparents are fromIndia. I haveresided ofyouwhodon'tknowme.rdliketointroduce intheStateofNew York for fifteenyears. My you to whoChristen Horsley isand why I am undergraduate majorwas Psychology. I first running forClass Director. Who isChristen Horsley? attended Pace University and then received I have brown hair,blue eyesand am five my degree from SUNYatPurchase. Ihavebeen active in student activities and have held the foot and 3/4 ofan inch, to be exact. I grewup electedpositions ofVice-Presidentand Presi- in the small town ofWarren, Pennsylvania dent-Elect ofthe Psychology Club at Pace. (about 11 12 hours fromhere). Asanundergrad, These positions provided experience in vari- I attended Grove City College andgraduated ousacademic, budgeting, and social planning withaß.S. in Accounting. issues. I haveremained involved in athletics, Why am Irunning? S.B.A. is an extremity ofthe law school particularly in the sports of wrestling and Ultimate (when we talk I will be happy to whichismeanttoserveus.thestudents. Tobe effective, it must have competent leadership elaborate onthe sportofUltimate). Additionandrepresentatives. I feel thatI can fulfillthis ally, my involvement in academic and campus- based activities has been supplemented mandate and contribute to the process. Conby threeyearsofemploymentin research and tribute what?my time, commitment energy, development at the Pepsi-Cola Company in organizationand hardwork. SorememberonMonday, VOTEC.H. ...Khanna, continued onpage 9 No Photo Provided Joel M. Sunshine, 2L Welcome back! UBLaw has seenmany changesthroughout our firstyear, including the appointment ofßarryBoy er as ournew Dean. Right now, our school is at a crossroads and thereare many directions wecan follow. SBA is the only avenue for students to voice their opinionsregarding which directionthe school will take. I do not have all the answers. However, Iwill be receptive to any opinions, complaints, orquestionsyou may haveand will pursue theanswers foryou diligently. I have been involved in studentgovernment ever sincehigh school. It has been my experiencethat despite popular opinion, studentleaders are able to accomplish many of theirobjectives with proper effort. I hope you will give me the opportunity to have many similarsuccesses hereatUßLaw. Andasltold my 9th grade classmates, when I ran for treasurer, I urge you to "PROTECT YOUR MONEY, VOTEFORSUNNY!!"fThe slogan stillworks.) August 31,1992 The Opinion 7 �1992-93 SBA Class Director Candidacy Statements Charles Greenberg, 2L Aslbeginmy second yearofLaw School, I can nothelp butbe amazed ofthe incredible changes whichhave occurred during my stay here. Thistimelastyear.manyofmefirstyear studentswere upsetbecauseofthe changes in theResearch andWritingProgram. Therewas noBuffalo Environmental Law Journal. The new Student Union was stillunder construction. Buttoday.allofthis seemslikearemote memory. Many ofthe early fears about the Research and Writing Program have been allayed. New groupsand journals, like BELJ have come into being. And, ofcourse, thereis the new Union. What makes all ofthis possible is studentaction. Without suchaction, the faculty might not have been under such pressure to organize the Research and Writing program. Without student action, there would be no clubs to improve our law education. As an undergraduate hereatUB, I sawfirsthand the student action which made possible ournew Union Welaw students have our own governthe ment Student Bar Association. However, for too long,ithascome to symbolizethe worst among us,senseless ideologicalbickering over funding forclubs and other suchdivision. When it was not fighting over your money, it was organizing parties. However, the time for parties and infighting isover. Student Government is far too important for this. SB Aisina position to bemore thana greatparty, namely that it should become an effective voice to addressall student concerns. Take, for example, our law school's current gradingpolicies. Itpleasesmethatthe faculty has voted to restore the A through F system for the incoming class. However, itis time we didso forthereturning students. This change, I believe, is imperative in order to improve ourchances in today' stight jobmarket Furthermore, grades MUSTbepostedby the deadlines. Our programs have over two months to gradepapers. Yetmanyofthemtake much longer than that Notonly is this disrespectful ofstudent concerns, but italsoweakensourability to compete forjobsbecause we cannot present complete transcripts to prospective employers. This must end andSBA must take the lead to seeing that it does. SBA must also take the lead in addressing other student concerns. I know from my conversation that many ofyou are concerned with the environment SBA is in a position to do something in this area as well. If we can organize a central bulletin board on which all SBA clubs may post their notices, we end up cramming the mail boxes full of announcements, most ofwhich get thrown out in any event Furthermore,itshouldorganizearecycling program for aluminum cansin conjunctionwith theBuffalo EnvironmentalLaw Society. Perhaps if we were to place large garbage cans in frontofthelaw library, wecan collect the cans and use the money from them to further studentactivities. Campus safety is yetanother concern whichmany ofyouhave. Here,as well,SBA canmake a positive contricontinued next column 8 The Opinion Kevin Collins, 2L My name is Kevin P. Collins and I am running for Second YearClassDirector. First ofall, let me tell you about myself. Quite simply, Ihave a sincere, genuine interest in the interactions between the students, the school, anditsadministration. I, tikeanyother student (and correctly so), wanttogetmy fullmoneys woimoutoflxithmytuitionandstudentactivitiesfee. I shallwork to the bestofmyabilities to ensure thatwe, as students, do getourjustand failvalue forourmoney. I wentto John Jay College ofCriminal Justice, CityUniversityofNew York(CUNY). I attended college full-time and worked fulltime(overfortyhoursperweek). Whilethisdid not afford me the time to join extracirricular activities (in fact it gaveme very little orno free time), it did put me "in touch with the special interestsand concerns ofworking students,part-time students, and those students, likemyself, whotook courses in theevening. They (we) pay the same tuitionand fees and, accordingly,are entitled tothe same benefits. I,again, shall work to the bestof my ability to see that this is so. A work-related experience givesme the impetus to beinvolved inthe SBA. I workedas adoorman duringmy collegeyears to pay my tuition and to support myself. Here, I was elected by my co-workers to be their Shop Steward, therepresentative for them toLocal 328-32J,the Serivce Employees International Union, AFL-CIO and the management A numberofissues arose inwhichI had torepresent one, ifnotalLofthe employees to management and/or the union. One particular issue stands out: management tried to take away vacation benefits guaranteed by our contract through anegotiated labor bargaining agreement IfUedapetitionfortheemployeestomy union,and the National Labor Relations Board and I also filed a grievanceagainst management. Afterawhile,convincedofour seriousness, theability ofthe employees to stick and work together, and faced with thereality of arbitration, managementrestoredourvacation benefits. This showed me the necessity of employees or studentshaving to stickand work well together. It also made me aware ofhow effective representation is needed to ensure continued next column button. In conjunction withPublic Safety and theAnti-Rape Task Force, it ought to organize somekindofpatroloftheLaw School facilities at night,which wouldinclude walking students to their cars. This is particularly necessary given the campus's high crimerate. SBA ideally should be founded on the principle ofstudentunity. All students, irrespective oftheir race, religion, color, sex or sexual orientation, must feel included within the gorgeous mosaic wliich is our Student Government Wheretherewasonceideologicalbickering and posturing, there should be a spiritofcompromiseandnegotiation. Because I wish to make SBA into an effective voice to address all studentconcerns, Ihereby announce my candidacy to be a Second Year Class Director. August 31,1992 Sarah E. Swartzmeyer, 2L Gary Simpson, 2L As 2L's we've all become well acquainted with both the positive and negative realities ofUBLaw. The SBA was created as our primary tool for affecting theserealities. As such, it has been one ofthe SBA's most importantobjectives to strengthen thevoiceof students intheadministrative decisionmaking of our school. Similarly, ithas also been one ofthe SBA'sobjectivesto fosterastrong sense ofcommunity among students. Asamember oflastyear'sboard, I feel confident in both myabilities andexperience to help this year's SBA officers accomplish thesegoals. Iknowhowthe system works,l've seen the mistakes, and I'm prepared to work hard to bean effectiverepresentative. Please give me your support and your Itismy intention torun forthe office of 2nd YearClass Director. Ifelected,my major concern willbe to keep themembersoftheLaw School's second yearappraised ofall activitiesregarding studentgovernmentand administration. Moreover, Iwillactasaconduit for second class student's concern. Myownpursuit however, willbe to urge student government to pursue those policies and activities which will enhance thereputation oftheLaw School, thereby enhancing the marketability ofthe school's graduates. vote! No Photo Provided Chandy Sweet, 2L My name is Chandy Sweet, and I'm running for the position ofsecond year class No Photo Provided director.Iwon'tmakeyouanypromiseslcan't keep, and I won't try to dazzle you with my resume, rmninnmgforclassdirectorbecause Andrew Sabol, 2L Hello,my name isAndrew SaboL and I'd Ihave agenuine interest inwhat goes onatUß like to become a second year class director. Law, and I wantto bring about some positive I'm not going to ramble on here about how changes to help makeeveryone's experience qualified I think I am forthe job,norami going here a good one. I'd appreciate your vote. to make aspeechaboutallthe greatideas I have Thankyou. forchange. Sufficeittosaythatiflamelected, I'll to to all the meetings and do the best job I believe inplaying procedural games orpolitical power plays. Idobeheveinexamingthe can. Thanks for yoursupport. issue before us, seeingall thepossible alternathat ourrights and benefits are not infringed tives, and deciding on the merits whatis best upon or denied. I shallwork to the bestof my for law students as a whole. I ask you to ask abilities to ensure that we all receive that to people whoknow meand have worked withme which we are entitied. if you do not know me. I believe all this This leads in to why I want to be a experience and desire that I bring to the job member ofthe SBA to represent the law stu- makes me qualified to be onthe SBA. dents. Irecognize that wehaveto work together Specifically, as Class Director, I am and thatc ffective representation is needed. As willing to workhardand put in the time. Hike alaw student hereI joinedmany great groups to use the analogy that as Director I will (as I never had the opportunity in college). I endeavortobeagoodbankteller. Itislikewhen have had the pleasureand learning experience yougointoabank. Ifyouhaveagoodbankteller ofworking withand belonging to BPILP and youcanhaveyourbusinesseffectivelydonein helping to setup the Pledge Drive, the Prison ashorttime. But ifyouliave an unqualified one Task Force, the NLG, the Homeless Task who doesnotknow whattheyare doing, it can Force, In ThePublic InterestLALS A's Spanturn into an ordeal. Youhave to speak to the ish for Lawyer's Course, the HibernianLaw Manager, wait forever, etc., etc.. Society, and, ofcourse, writing forThe OpinSome ideas thatI wouldlike to impleion. This made merealize thatnot only do we mentas your SBA Directorwouldbepossibly as studentsneed effectiverepresentation indisetting up a Loan Fund that student groups vidually, but also that student groups' and couldborrow money from to use for fundraising organizations' needs and interests must be and thenrepay (i.e. youhave to havemoney to heard. make money). I would advocatehavingalarge I have sat on three SBA Committees: unallocated reserve so that as over the course The Constitution and By-Laws Committee, oftheschoolycarasvariousneedsand projects the Gradesand Registration Committee, and develop for the student groups,there would be the Budget Committee, which hears all the enough funding to distributeas thecase arises. groups' requests forfunding for the upcoming I would try to use and work with Sub-Board I fiscal year. This further put me "in touch" more efficiently, so that student groups can with student groups. lalsoamamemberofthe effectively run theirorgan izationand that they FSRB, theFaculty-StudentRelations Board, can "tap into" someresources that Sub-Board which is the governing body in the law school I has, suchas extrafunding being available for forhearing grievances amongstudentsand for speakers and social events. Lastly, instead of petitions filed by studentsagainst the faculty. funding groupsonce ayear at thebudget meetI havebeen on the SBA for afull yearalready. ing for speakers which they do not know when I try to be as fair and neutral as possible when they will come or at whatcost I propose having groups or students come before us. I do not a Speaker's linereserved in the SBA budget so believe in votingRepublican orDemocratic, thatas a particular group hasa speakercoming Right orLeft, Conservative orLiberal. I do not to thelaw school they can request funding then continued nextcolumn continued nextpage, bottomfirstcolumn �1992-93 SBA Class Director Candidacy Statements 3L's No Photo Provided Michael Radjavitch,3L This briefstatement is to announce that I,Michael Radjaviteh, being dulysworn inand ofsoundbody(andnnnd??),amiuriningforthe Tager, Lara Greco, esteemed position ofThird YearClass Director-that's right, yofcr representative to the and Nancy Johnson, all StudentßarAssociation Isupposesomeofyou will seethis statement as mere proof that I'm 3Ls a forpunishment and perhapsyou're glutton Some of us see things a little bit correct inreaching that conclusion, but then differently...Vote Greco, Johnsonand Tager again, I have always been a masochist (as for 3rd yeardirectors. several unidentified students have somehow attested to). No Photo Provided Enough ofthe humor! Here'sthescoop. I was your active, and evenrespected, Class Director during thepast academic year. I did my best to participate in allaspectsoftheSßA, Foudy, 3L and to do sowith thebestinterests ofthestudent My name is John Foudy and I am currendy running for the SBA office of3rdyear bodyinmind. Hell,levenranfortheofficeof SBAPresidentatthe endbftheSpring semesclass director. ter. Most ofyouknow me; some ofyou even If nothing else, I believe change is knowmeverywell,despitemyconstantefforts good, and since I haven't been on the SBA before, Iwouldrepresentchange. lalso believe to bean introvert(alright humor hadto again in compromise and that the conduct ofSBA rear itsmonstroushead—it'stheonly thing that affairs(such as the SBA budget)need notbeas allows me to maintain my sanity). Let'sbefrank foramoment Mostofyou difficultand contentious as in the past. know whereI stand;therehave beenno rhajor changesoverthesummer("Myheartisinthe same place it used to be. My head is somewherein between.")Those ofyou wholikeme willprobably vote forme, and thosewho don't may evendo the samebecause yourealize that I can and will do the job. No Photo Provided Geoff John I L's cont. , ...Marcus,icontinuedfrompage 6 OrangetownYouthCourtandTappanZeeStudentCourt TheOrangetownYouthCourtgave mmorschargedwimarnisdemeanorthechance to have theircases triedby theirpeers, instead ofin family court. Iffound guiltythey would perform community service. When performed, theincidentwouldbetakenofftheirrecord. I Scott Rudnick, 3L also playedtrombone in theBrandeis OrchesIfreelected, Iwill continue to strivefor tra(agoodquahfication forthisposition, right?). greater accountability atboth thestudentgovIdonotthinkthereshouldbeanyparticuernmentand law schooladministration level. larplatformforanystudentninningforoneof Thedecision-making processes thataffect our the six positions in the first-year class. I school must be open to the students,and the personally do notlike our grading system and powers that be must be accountable to the would like to see itreviewed. If elected, student body. With theappointment ofanew however, and if amajority of studentsare in Dean, statebudget cuts,rising tuition,a dearth favor ofthe present grading system, I would ofprofessors and class space, and political follow theirwishes. Whatlamreallytryingto factionalism, thelaw school is at acrossroads. sayis Iwilllisten to any studentwho wishes to I want to ensurea studentvoice inthesecrucial talk to me. Asa representative ofthe class, I times. I also encourage greater student atten- would make my agenda your agenda. I would dance and input at all SBA meetings. Most also particularly like to hearfrom any minority 3L'sknowmy politics, and I'll continueto fight students, whether it concerns ethnicity,relifor what I believe isright giousorientationoradisability. Imyselfhave a disability and itwould have been beneficial for me to have had someone to talk with at Brandeis about my specialconcerns. Get out andVote! Thank you for taking thetime to read this , littlebiography. Please remember to vote. ...Wich.i continued frompage 6 people wholike toblow hotair around. Relief Requested: For you to votefor me. Issue: Will you vote forme? when they know all the details, not having to Holding: Youvotedformefhopefully). guess a year in advance. As first-years, I feel that it Reasoning: Inclosing, Iwouldlike to say that I learn is that improbable anyone running for the much from my student extracirricularactiviof class directorhasenough year vote. first position ties. I ask you to get involved. Please knowledge insight or to staterelevant issues Theseareyoustudentactivitiesfees. Without have ideas which I might andpositions. I therewould not be law school. some you a Voiceyour to to Association, such like the presented see concerns. Ipromisetoworkhardandtothebest as a review of grading procedures (both of my ability to ensure that students' and prompt ofgradesand of categories reporting met and thatthe groups' interestsand needs are orders, themby UBLaw professors), clothing is run to SBA fairlyand efficiently. I ask you andsign-up sheets to heldform study groups. please vote for me, Kevin P. Collins, However, the single plankof the "platform as your Second Year Class Director. onwhichI standinvolves acommitment to the concerns and interest of the law school community. The first wordin the SBA is " student." My orientation will alwyas be to listen to and represent the issues and positions held by the students ofourclass. I will make every effort to ensure thatthe SBA focuses its effortsand resources towards its source ofpurpose- you, the student. Thesecond word in SBA is''bar.'' As such, I wouldadvocate activities andprograms whichassistour journeyinto the world oflaw. Perhaps one of the best ways would be to coordinate with the Office of Career Development onprograms which willenhance our understanding ofthe field. Another plan mightorganizeagroupofsecondand third-year studentstoadviseand guide first-year students. The final word is "association." This is a team effort. The SBA is a team which exists to provide for the student I believe thatas a class director, Iwill possesspower onlyto the extent that I empower each individual who comestomewithanissueorconcern. Themost effective SBA will bea team effortbetween yourrepresentativesandyou. Dicta: Five ofmy colleagues are also running forthe class director positions: Luke Bellocchi, Dave Marcus, Ed Meireand Mark Urbanski. I believe we share some common goalsand willmaintain a team effort to further theiepresentationofmefirst-yearclass. While Iassure you thatI willserve with equal fervor regardless ofmy SBApartners,lfeelateamof myselfand theabovementioned will bestserve yourneeds. Campaign promises are often a taboo concept, so I willmake only one- to be opento yourvoicesduringtheupcomingyear. Tostart, linviteyoutocallme(64s-4264),ordropoffa note(Box 554),withany questionsor ideas you mayhave. Thankyou. ...Panepinto, continued frompage 7 aclass director is to makesurethat ourmoney is equitable distributed. Empowerment also comesinthe formofactively involving peoople in theeducational, politicaland social aspects of law school. To this end I would actively recruit people to get involved in the various committeesofferedbytheSßA. Astheorganizerofthelaw school volleyballleague I have alreadyrecruited around 50 first yearstudents to participate. The second goalofstudent government isthatit must actas a clearinghouse of information. ÜBisahugeschoolwithapopulation of over 26,000 students. Although we are somewhat sheltered here at the law school, thereare stillnumerous opportunities to enjoy and obstacles to avoid. SBA should be the source oftins information. In thisregard Ihave theadvantage ofboth growing upin Buffaloand previously attending ÜB. The final piece of my perspective on student government is thatit sould service the people it purports to represent. To me this means being visable and available to all first yearlaw studentsregardless ofidelogical or philosophical differences. Historically SBA politics has been an idelogical battleground where the primary casualty has been its own utility. Althoughlhavestrong beliefs onmany topics, these would not interfere or deter me from making SBA themostresponsive, informative and fun place that itcan be. , ...Beyer,icontinued from page 7 beentoholdgovemmenttoahigherstandardby demanding that elected officials reject corrupting influences andcatertothe people they were electedto serve. Ifelected to the Student Bar Association, I can only expect to hold myself to the same high standard of trust integrity and just representation that I expected from others. As Class Director, I will aggressively address the myriadissues facing UBlaw students; issues ranging from parking and the ...Bellocchi,i continuedfrom page 6 -FromaroundUtica, NYbutako lived in grading system to maintaining the school's unique mission and strong standing in the Washington, DC academic community. Inaddition, I will seek -Member, Rugby club toencourage and promote newinitiatives, such -Became interested in internationallaw astherecently published Women's Law JourA4terlgraduated,lworkedforayearat: nal (' 'CIRCLES")and the new student loan forgivenessprogram. -Baker & McKenzie The position ofClassDirector has the -NationalHeadquarterto be an important catalyst for action potential s H. Wofford(PA) Campaign IfyouelectmeSßADirector.lhopeto: and changewiththerightpeople occupyingthe -Enhancethereputationofour law school office. Withoutcommittedpeople.however, to all major lawfirms and thefederal itcanbereduced toamere bullet onsomebody's resume. government I hope thatyou will give me the oppor-Createa strong community association in ourclass forafuture UB network tunity to use my background and advocacy -Reach outto otherlaw schoolsthrough skillsto effectively represent your interests in the Student Bar Association as First Year more competitions, suchas moot ClassDirector. court -Strengthen ourcore in international ...Khanna, continued from page 7 land trade law, as well as environ downstateNew York. mental law, and public servicelaw IntheshorttimewehavebeenhereatUß -Proliferate more law school emblems Law wehave contended withnew classes,new onT-shirts, postcards, etc.(raise professors, new friends, and new problems funds inthe process) (excuse me, I meantnew challenges)-essen-Obtain theoption ofSingle (individu tialfy, a new way of life. And here we are ally occupied) dormrooms for first presented withthetask ofdecidingwho we will yearstudents elect to some obscure position that everyone -Consolidate the 3 studentID cardsinto withanominating sign-up sheet keeps calling onecard "ClassDirector". Ihaveheard peopleexpress have andalways willbe committed to theirinterest inassuming this title,who scarcely I servingthe community. In electingmeas SBA canrjegmtoexptamtheposition'sfunction. In Director, you will be gainingalot ofmy time caseyou'rewondering... ' andeffortto improving ourcommunity. Please There will be six Class Directors from feel free toapproach meat any timeconcerning the First Year Class. The charge of each any problems orsuggestions youmay have. director will beto sitaschair ofone committee I encourage everyone to vote asthereis and report thatcommittee's progress (or lack a very toughh choice to make in a very competithereof) to the executive committee-at-large. tive fieldofqualitied candidates. In speaking These committees are open to any interested with other candidates I have come to know lawstudents. Ideally, inperforming his or her ScottWich,Eduardo Meire,Chirs Shea, Mark duty, each Class Director wdl beoperating in Urbanski and David Marcus as candidates I the best interest ofthe First Year Class. find most qualifiedand deserving ofmy addiTheClassDirectorpositionsrepresenta tional votes. Bestregards andthankyouforyourtime. continued nextpage, top offirst column , , August 31,1992 The Opinion 9 �L'scont. < ...Khanna, continuedfivmpreviouspage unique opportunity tohave the concernsofthe FirstYearClass brought tothe attentionofthe upperclasses, the faculty and theUniversity.. Perhapsmore important however, will bethe hands-on involvementofourentireFirstYear Class. My observation hasbeen thattheadministration here at UB Law does listen to the student body. This presents uswith an even greater opportunity to helplead thisschool in adirection ofour choosing. Ifyou'veread this far, I' 11be willing to betthatyou will beoneofthose in theFirst Year Class that will vote(betteryet you'llbe oneof ourinformed voters). So,here is my pitch: As Class Director I will distribute to everyone in our Class a survey/feedback questionnaire to gainan understanding ofthe issues of greatest concern in the First Year Class. I will not guess at whatyour concerns are. I will simply ask you,and thenrepresent those concerns. "HOLD ON- ourclass demands more than justpuppet representation!! WewantaClass Directorwithsomeagenda(In fact,weknowyoumusthaveone,solet'shave it!!!)". Alright, I am deeply committed to obtaining accessible child care for law students. I want an institution that is equally committedto the wholeperson, andthis must include our family concerns. Also,we aresurrounded byatremendous University and yet are too far removed from it. I want to work to strengthen our alliances withotherUniversity programs (both, academic and social). Therecentappointment ofDean Boyer is likely to help facilitate this goal. My committee interestsinclude those concerning admissions standardsandacademic curriculum. We have therequisite 3 Fs tohelp guide this Law School to prominence: the Facdities, theFaculty and now thisFirst Year Class. I look forward to working withyou towards our mutual continued success in achieving academic excellence, and having a good time at it, too. ...Trials continuedfrompage 5 shebends her head downward. ' 'Now, justonemorething," thelawyer cheerfully exclaims. "YourHeahhCareProxy. What this saysi5...." 'Thread it" Again, Mary is handedathick document She reads it cover to cover, and then looks expectandy at the lawyer. "Isitallright?,"heasks. "Youdon't wantartificialmeansofsupportifyouarevery sick, right?" "Huh?," Maryasks. Louder, thelawyer repeats, "Youdon't want artificial means ofsupport to keep you alive ifyou are very sick,correct?'' "Huh?" "You don't wantto be hooked up to machines to keep you alive, do you?," the lawyershouts. "Oh. WelLlsupposeldon'tverymuch care one way orthe other.'' New Offering:The PrisonTask Force Practicum by Joe Antonecchia tionalFacility isrequired bylaw tohave alaw The Prison Task Force, a student- library. An inmate whopasses the testreceives founded, student-run organization, begannearly lawclerkcertification, enabling her or himto fifteen years ago. The Task Force is unique work,for nominal pay, in theprisonlaw horary. among law schools UBLaw iscurrently the This year the TaskForce isthe inteonly law school in the nation with a program gralpartofanewpracticum offeredin dieLaw aimed at teaching prison inmates basic legal School, supervisedbyProf. StephaniePhillips. research, andis continuallycontacted byother In the past Prof Phillips has supervised a schools wishing to establish such a program. programin which students completedpapers The Task Force sends small student groups on theirPTF experience for independent study (usually comprised of8 to 12students each) to credit She saysthatbecausethe standardsfor prisons around Buffalo. Usually two or three grading thesepaperswere unclear,and thatthe prisons areprovided withthe course, and each requirements morereaddy fitinto the framesemestertheTaskForce triestoreach different work of a practicum (i.e., law-related work prisons. The instruction consists of weekly performed in conjunction with an external classes taught over an eight weekperiod for officeorsupervisor,subjecttotheapprovalof about two hours in theevening. Aclass is ona afaculty supervisor), she decidedto create the specific topic(e.g. Digests), beginning with a PTF Practicum. Prof. Phillips also plans to lecture to a class ofinmates and ending with takepart in this semester'sPTF work,includsmall group exercises wherea law student is ing participating in the classes at the prisons. paired off with two or three inmates. The She hopes that her experience with PTF this practical aim ofthe course is to prepare the semester will enable her to "be amore effecinmates for the Department of Corrections tive liaison between the PTF and the Law Prison Law Clerk's exam. Every State CorrecSchool" and to provide an added source of - From the Cheap Seats "Batman's Basic Instinct* byß.B.Zeke Does Batman get laid? Not m this return,he doesn't. He should have visited the set of "Basic Instinct wherehecouldhave released some ofthatßat-tension. (A phenomenon not unknown to law students). It seems like fighting bad guys in Gotham City and hanging out with loyal Alfred (what's the deal withthose twoanyway?) in themorbidmansion doesn't quite do itfor Bat-weinie. Admittedly, thereare afew sparkswhen hecrosses paths withMichellePfeiffer's Catgoddess and theybegin to discover each other's duality. " You've gotkindofadark side, don'tcha?" asks Batdud's alter-ego of Selina Kyle, Catmama's civilian side. "Not any darkerthanyours,Bruce," shereplies. But alas,it remains unrequited lust This fhck«ozes sexual innuendo and comic book violence from every pore (paw),but itnever gets to the mo' better. The solution is clear: Shuffle the deck!Recruit Sharon Stone. Wealreadyknow she can handle the Cat-karatekicks based on her "Total Recall" gig. (A co-critic ofmine, who prefers to go by the handle "Butter," adamantlymaintains thatSharon doesn'tactual!y provide the lightning boltleg action in that flick. Hey man, don'tburstmy bubble, okay.) And nothing getsbetweenSharonand herbasic instinct. Youjustknow thatifSharon wascast asCatwoman, her Cat-battles would have to wait until her Cat-itch was scratched. Andwhat ofpoor Penguin, who has been dumpedby patrician Pec-Wee into the sewers ofGotham? He is perpetuallydrivenby his basest instincts. WhUePee-Wee hasbeen liberated from the manuallabor ofhis reality and joined the effete elite of Gotham City, whatrecoursedoespenguinhave?Hewaddles through the film mumbling crude,lewd suggestions to Catbabe or any other female within earshot. Understandably, nonewillhaveanything to dowith him. Heisnomore creepyanddespicable than Nick Curran (Michael Douglas) in "Basic Infor him, his buns aren't as cute. Onegetsthe feeling, however, that if Paul Verhoeven had directed "Batman Returns" the audience would at least find out what exactly Penguin's French flipper "BatmanReturns" hasreached the Perotosphere in terms ofmovie dollars. In Hollywood and elsewhere, that's the bottom line, right? A lotofthatmoney comes from the four and five year olds who dragtheirunsuspecting parents intothis adultcartoon. I know thosekids aren't watching the same movie I am. At the show I went to, alotofthe Bat-tots lost interestearly onand simplybinged onpop and jujubes. But I liked it. I liked "Basic Instinct" too. Butmyprurientinteresthaving beenaroused, I'dlike a little more bang formy buck-fifty. In "Batman III" I think director Tim Burton should look more to his basic instincts to givehis film more bite. Meow. continuity in a program whose student staff changes everyfewyears. Prof. Phillips stresses, however, thatthe program will continue to be student-run. The practicum's requirements include writinga paper onapolicy or doctrinal issue inpenology, attending all eightclasses at aprison,and teachingorco-teaching one class. Prof.Phillipswillsupervise the writingthrough the semester. Many students have expressed interest in the practicum for this Fall. Pro f. Phillips createdthis practicum because of a broad interest in penological issues andaspecific concern about the disturbing fact that the United States has the highest incarceration rate in the world, driven up in recentyearsby the WaronDrugs," a' 'misguided policy which criminalizes but does not seek to treat drugaddiction. She has also developed aseminar, offeredthis Spring, which willaddress these issues and policy implications in a more formal class setting. The Buffalo Law Review is pleased to announce its new associate members for 1992-93: ByrceM.Baird JosephBelluck JulieBraverman JohnCody Andres Colon JohnD.Craik Leshe J. Darman ArthurEdwards Jay Fleischman Kristin J. Graham Sara Hewitt Joseph E.Horey ContantineKarides EUeenP. Kennedy JoshuaKimerling DaveKoehler David RKoepsell AlexanderKorotkin James A.Lynch, Jr. Michael McLaughton LynnMontante HopeOlsson Monica Piga Helen Pundurs Paulßaimondi RobertRegan Brianßoman AlanSchaefer Julia Schlotthauer H.David Schwartz Susan Y.Soong Donna M. Suglia Sharon A. Swift Douglas J. Sylvester LyndaTarantino Joy C. Trotter John Wallace KarlaWeyand The lawyerlaughs nervously, and hands Mary the pen. Both documentssigned and safely tucked away into his shiny, brown briefcase,thelawyerasksMary ifshewantstoreturnto whereshe had beenbefore hearrived. "No," she smiles, "Here isfine." "If you need anything, call me," the lawyer says, thankfully edging towards the door. "Yes." The lawyer draws a deep breath ofthe cool springairinto his lungs as he steps outside the nursing home. He takes another and another, as if to cleanse himself of the smell whichhad enveloped him earlier. 10 The Opinion TheOpinion Recruitment Party.Sept 14th,Stay Tuned ...Sexualized Whenthelawyer returnsto his officehe tells his partner thatthey willnot receive any money from Mary's estate unless she dies withinthe next threemonths. They laugh. The lawyer steps into his office, shuts the door, glances at his watch and begins to review the messages hereceived wbilehewas gone. Addendum: Nothing, nothing,nothing. Alwaysnothing. August 31,1992 continuedfrompage 4 Theoppression ofawoman begins with the lossofcontrol overher body. Itbeginswith the person who decidesa bareankle is risque; a notion onceembracedby European society. We need to consider justwhatitis thatmakes us shyaway from theideathatawoman'schest is not meant to act as a visual aid in the production of sex. Then we can begin to browbeaten withonadady basis, theoffending appendage can be chopped offand another woman'sispasted on. Weare asked to display our wares in the two inches ofclotheallotted to the typical bikini, but withoutthat microscopic piece ofmaterial, we are considered understand themotivation ofthe women who indecent Ourbodiesare not our own; wecan go top free ahostileand intimidating setting in display our breasts only for the pleasure of in orderto make theirpoint othersandnot whenit suits us personally. �1992-93The Opinion Publication Schedule ...Clinton Vol 33,No. 1: Wednesday, August 19,1992(Orientation Issue) V0133,N0.2: Monday, August 1,1992(SBA Election Issue) V0133,N0.3: Tuesday, September 15,1992 V0133,N0.4: Wednesday,September3o,l992 (Hobday Delay) V0133,N0.5: Tuesday, October 13,1992 V0133,N0.6: Tuesday,October27,l992 V0133,N0.7: Tuesday, November 10,1992 V0133,N0.8: Tuesday,November24,l992 V0133,N0.9: Tuesday, January 12,1993 V0133,N0.10: Tuesday,January26,l993 V0133,N0.11: Tuesday,February9,l993 V0133,N0.12: Tuesday, February 23,1993 Vol 33, No. 13: Tuesday, March 9,1993 V0133,N0.14: Tuesday,March23,l993 Vol 33,N0. 15: Tuesday, April 6,1993 V0133,N0.16: Tuesday,April2o,l993 Photo: MichaelRadjavitch continuedfrompage 1 speeches,' 'WhatAbout AIDS?" Membersof theLaw StudentsForCorporateAccountabilityalso attended the rally, waving a large sign thatread' 'Hey Bill Whataboutthe Corporate Crime Wave?" CROWD CONTROL,ETC. Unfortunately,theability forvarious interest groups to express theirconcerns was stifledbyaridiculous, seemingly unconstitutional rule: no signs were allowed in; only official Clinton/Goreplacards werepermitted to be shown. One member ofClinton's staff said thatthe Secret Service imposed this rule for safety reasons, whUe anotherreplied that signs would bedisruptive.'' However, official''Clinton/Gore placards abounded, and certamliandwrittenposters(thosevery favorable to the candidates) suddenly appeared in thefront oftheaudience whenthe candidates arrived(ironically, Gore grabbed twoofthese signsfrompeople infrontofhim,reading their favorable slogans - oneread' 'Ourpocketbooks can'ttakeanotherfouryears" -andjokedthat the mediaprobably thought this wasa setup). Lucidly, afewdetermined groups wereable to sneaktheir signs throughthe gates the ACTUP group and ÜB's own Law Students For Corporate Accountability. Thistype ofopinion control seems to bean unfortunate development in American political culture. A local volunteer said that Clinton'sadvance team ofaboutabalf dozen political hacks hadbeen in town sinceMonday, andthattheyorchestrated the eventdowntothe last detad; free public expression was sacrificed toplanning. Anotherdisturbing dynamic ofsuch controlwas the dualsystem ofaccess: certain people received postcards from the local Democratic party allowing them privileged entrancetoaropedoffsection in frontof the stage. People beyond these ropes could barely see the speakers,and onewonders ifthe speakers could seethem. The speeches came through clearly over the PA system, however, and most in attendance seemed to be interested in the issues being addressed and plans being put forth, and enthused about theircandidates. - DEADLINES The deadlineforsubmissions foreachissue shallbenoon oftheFriday prior to publication. SUBMISSIONS All submission must be in computer form, i.e., written onto an IBM disk system canread (along witha printed hard-copy ofthe submission withthefilename clearly indicated at the top ofthe first page). To learn which word-processing programs the system recognizes, askany memberofTheOpinioneditorialboard orcomeup to 724 O'Brian Hall. Ifyou cannotprovideyoursubmission in computerform, please submit itat least a day earlier typed or neady written so thatit can be typed into the computer. The Docket Of Life. Law & Responsibility by W.F. Trezevant, StaffWriter Staring into the bottom of my mug, seeing my partial reflection in the trace of brown liquid which has become my constant companion, I ponder the seemingly simple word,responsibility, awordnow atthe center ofmy existence. I remember I once wrote thatin theend responsibility means we sitin judgment upon ourselves. Aftermy experience this summer working in a firmin California, I nowrealize that I did not go far enough. In addition to reflectiye consideration andjudgment, wemust take the additional step ofadjustment and change to ensure improvement. Foryearsourprofessionhas weighed the issue ofmandatory pro bono not onlyfor lawyers, but also for law students as a way of addressing ourconceptofprofessional responsibility. The often times heated discussions underscores the uniquenessand importanceof thelegal profession inour society. Weare the onlyprofessionchargedwith protecting and defending the rights andmore fundamentally thefives ofour neighbors in a variety oflimidess ways. DeanBoyertouched upon this subject at general orientation for first-years when he cited the poster I placed in the S.B.A.bulletin board which read "No Justice No Peace" in response to the Rodney King verdict. Dean Boyercited the poster in thelarger context of justicewithinourlegal system and thenhigh- lighted ourcollective ability to make a difference. WhenRalph Nader spokelast week, he tooraised this ideaofourprofessional responsibility to society. He spokeofseeking something morethan financialsatisfaction in andof itself. And he is right. Whether or not we choose to acknowledge it,weas membersofthelegal profession beara distinctresponsibility to cause justice to prevad in the land in orderthat the strong may not oppress the weak. This professional responsibility is notalways objective and definable, but rather subjective, relative, and relational. It likewise is not oppressive or exclusiveofother goals. It is simplya duty to consider, judge, and then act in a way which creates alattice ofconnections between each ofus which doesnot constrain. Ourefforts to fulfill ourcollective obligation does not begin after school is done, it begins nowwithin thefourcornersof O'Brian Hall. All around usthereis an opportunity to getinvolved to whatever degreeand in avariety ofways sothat we leavethis community in better shape thanwhen we arrived. So as we moyethrough thisyear offocused attention on our school, weare charged with theresponsibility ofreflective consideration, judgment, and then taking the additional step ofadjustmentandchangetoensurethat bridges arebuilt amongst us all. Bridget's Blotter Monday, Tuesday, Wednesday of this week (the 31st Ist and Dosomething Besides, I don'twant to sit at the votingtable all day with no one to talk to. This part Thursday, New YorkSenate primary candidates Holtzman and Abrams addressed the concerns oftheuniversity communityatadebatesponsoredbytheSßA. The event was a success, and representatives of Channel 7,Channel 2,and theillustrious Opinionwereonhand to report Forthoseofyouwho were unable to attend, a video is available in theKorean Center. We hope thatthe SBA wdl beable to sponsor more events like this in the future- ifyouhaveany ideas stop by the office. Additionally, thanks to' 'TrezforPrez'' forall the hard workand planning that went into the debate! The SBA is now the proud owner o fan impressive Xerox machine. A memo will soon be circulated to allthe student groups detailing Jessup Moot Court Intramural Competition Informational Meeting will be held onTuesday, September 1,1992, at 2:3opm, Room 108. The competition is opento 2ndand 3rd yearstudents. * Asia-American Law StudentAssociation General meeting Wednesday, September2,s pm,Room 406. Freefoodandbeer! Anyone concerned with Asian-American issues are welcom. Help plan AALSA events for the year. All welcome. BPILP-1 st Organizational Meeting The first organizational meeting ofBPILP willbe Tuesday, September 1 in Room 109 at spm. Everyone is encouraged to attend. Participate in UB Law's Greatest Resource The Phi Alpha Delta Student Directory Please complete the information onthe forms in your mailbox and return itto the BIG BLUE SBABOX near the madroom. Let's Make it Better Than Ever. 6thAnnual Desmond Moot Court Competition Orientation Meeting —Please note that there wdl be an Orientation Meeting held on Wednesday, September 9, 1992 in Room # 106 at 5:30 p.m. for all those who are interested in participating in thisyear's Desmond Competition. -Ifyou are unable to attend, please leave a note in Box #128 ASAP new xeroxing policies. All student group The last bit of official SBA business xeroxing will be taking p[lace in the SBA concerns the VicePresidentposition- soon to office at amuch cheaper rate than wepay for be vacant. Hank Nowak will beretiring from xeroxing on floorfive. the SBA due to unforeseen workoverload,and Next, a little bit of gossip. Over the we will be holding an election to fill his very summer, afew ofourfellow law students have large shoes. Theelection policyis as followstakentheplungeintomatrimonialbliss. ConAN YONEmay run, butwill have toresign any gratulations toKevin Ross andDan Rubin- both office thatthey maycurrently hold withinthe nowofficially offthe market. Becky Powell is SBA in order to run. Otherwise, wecould be the proud wearer ofa very pretty and large having elections all year. The Board would diamondand goldensapphire engagementring. like to wich Hank all the best in his MANY Sheand herbeau, alocal Buffalo mannamed endeavors. Scott will wed next year. Lastly, Julia Finally, a bit ofhard learned advice to Schlotthauer has amale kitten that is looking the first year students. Do not fall asleep in for a good home, and has already hadits first ProfessorEwing'scriminal law class. Hewdl shots. I'm sure I've missed some important notice. happenings, so please drop anote in Box 639, and we'll include your news in next week's By BridetCullen, SBA Secretary column. August 31,1992 The Opinion 11 �I WERE NOT THE BEST I BECAUSE WE'RE THE :'jH HUH i^k WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW I © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-08-31 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/31/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/295e0e12f4bd2246c855959d9ebf972d.pdf 18773070f82dd3c72892ebe94f742166 PDF Text Text Volume 33, N0.3 THEOPINION STATE UNIVERITY OF NEWYORKAT BUFFALO SCHOOLOF LAW September 15,1992 Graduate Assistants Win Battle in Labor Dispute by Kevin P. Collins, News Editor ThisAugust, SUNY'sOfficeofUniversity Relationsreleased a statement saying the State will not pursue a further appeal against the right of graduate student employees to unionize. This finally allowed The Graduate StudentEmployees Union(GSEU) theright to unionizeGraduateAssistants(GAs)andTeach- ers' Assistants (TAs). TheGSEU is an independentlocal ofthe CWA(Communication Workers ofAmerica) and is Local No. 1188/AFL-CIO. The presidentoftheGSEU is CarlMontgomery, whois ateaching assistant in theEnglish Department as well as a Ph.D. candidate. The union movement on the UB Campus began in the early- to mid-19705. TAs at SUNY Buffalo attempted to form a collective bargaining associationandobtained therequisite number ofsignatures to go before thePublic Employees Relations Board (PERB). In 1979 the GSEU was formed and the inception ofthe state-wide movement to unionize TAs and GAsbegan. It should be notedthat public employ- ees, suchas GAsand TAs, do not fall within the jurisdiction ofthe NationalLabor Relations Act but instead are controlled by state law, in New Yorkthis isknown as the TaylorLaw. In thespringofl9B4,theGSEU joinedtheCWA and went before the PERB with a sufficient "showingofinterest" Originally, Research Assistants (RAs) were to be included in the GSEU, but SUNY opposed theinclusion of RAs and the GSEU therefore restricted the bargaining unitto GAsand TAs. The PERB officiallyaccepted theGSEU petition in September of 1985. On September 3, 1987 a PERB Director made an initial determinationthatgraduate studentemployees do not have the right to bargain collectively. This ruling was based upon his belief that although graduate employees are employedby the state, their employee status is contingent upon their status as students. GSEUappealed to thefull PERB Board. The Board wasunable torule because one ofits three seatswas vacant and theremaining two seats were spliton the ... Graduates, continued onpage 6 ILS and BELS Sponsor Colloquia by Tracy Sammarco f Staff Writer On Wednesday, September 9, Susan Tanner, Esquire, addressed interested members ofthe U.B. community at 4:00 p.m. in O'Brian Had. Tanner is theExecutive Director ofFriends ofthe Earth (Ottawa, Canada branch). She was invited to speak by the Buffalo Environmental Law Society. The presentation was a part ofthe Colloquium on International Law and Organizations: Focus ontheEnvironment anon-going series offered by theßELSandlLSthisyear. Tannerwasthe firstoffour speakers whowill beaddressing the faculty and student ofU.B. onissues ofenvironmentalawareness. Tanner, whoreceived herJ.D.from York University, is concerned with the interrelationship ofwomen' s rights, humanrights and theenvironment. She isactive in theWomen's Legal Education Action Fund, but limitedher comments to herconcerns as Executive D irec- Susan Tanneraddresses a number of U.B. Law Students. torofFriends ofthe Earth, Ottawa. Photo: Paul Roalsvig Friends of theEarth, according to Tanernments toUNCED. ner,is anNGO.ornon-governmentalorganizaOfPresidentßush, Tanner saidhewalked tion, which has a membership of47 countries worldwide. The organization wasfounded by in, "...a bitlike a Rambo...(he was) the tough environmental activistDavid Brower after he guy, the cowboy. Youcouldhave had Reagan was asked to vacate his leadership position there, too." She objected to the dictatorial with the Sierra Club. FOE was designed by stance she felt that Bush adopted. Tanner Brower tobeboth internationaland political, concluded thatBush waffled on the issue of two traits he felt the Sierra Club was lacking. going to Rio in order to draw the public's Tanner gave every indication that FOE has attentionaway from environmental issues; she felt that his indecisiveness was diversionary accomplished what its founder had in mind. At the United Nations Conference on tactic. Tanner feels the timeis ripe for mov ing Earth and Development in Rio de Janero this past summer, Tanner felt that itwas the large away from the paradigm ofpower. EnvironcontingentofNGOs, and not the represented mental issues are so pressing that "We're governments,whomade theconference worthfacing the point where something has to be while. She said, "We didn't get what we done.'' Sheregards industrialized nations as having systematically "plundered other naexpected..but we didget somethings fornongovernmentalorganizations." Specifically, tions to further theirown interests. Tanner said Tanner cited the opportunity to network with that third world countries will never benefit other organizations as something FOE came from (lie trickle-down theory ofeconomicsand away from Rio with. Tanner indicated that development. Moreover, theU.S., in Tanner's many g<wernments were morec( mcemed wi tli eyes, isalready showing the signsofthe widening gapbetweenrich andpoor. She regards appearances and less concerned with achieving definitegoals in theinterest oftheenvironthe differences in of the Canadian and A merican go vapproach ment. Tanner focused on GSEU President, CarlMontgomery, isaPh.D. candidate in theEnglish Department. Photo: Paul Roalsvig matter. Eventually,onOctoberB,l99l,more thefirst and thirdworlds as existingsideby side in the! IS. today. For Tanner, neither capitalism norcom- SBA Election Results byJoeA ntonecchia Everwonder howmoney isallocated to the myriad student organizations in theLaw School?Or how studentsare givena chance to formally voicetheir opinions concerning administrative proposals suchas cutting downthe class sizeatUBLaw, or decisionslike moving thestudentmadroom? All thisactivity and more isthe responsibility ofour student government, comprised ofa group ofdedicatedlaw studentswho worktypically eight and tenhours aweek to ensure thatindividualand organized students haveempowerment and influence in thelaw schooland greatercommunity. The turnout for SBA class directorelections heldlast week was well over 50% of the student body, amarked improvementoverlastyear's participationrates. The contests in thefirstand secondyear classes wereall verycompetitive, withsome directorswinning by justahandfulofvotes. Indeed, twosecond-year students,Bryce Baird and Joel Sunshine, garnered 50votes each,forcingarun-offelection to beheld this Wednesdayand Thursday. Theresults also produced sizable mandates forthe return to office ofsome veteran SBA directorsfromlastyear: ScotFisher, Mikeßadjavitch and ScottRudnick from the thirdyear, andKevin Collinsand Sarah Schwartzmeyer inthe second-year class. SBA President Bdl Trezevantsaid thathe islooking forward to working with whathebelieves will be "agood group ofdirectors." In ameeting this week,the SBA will decide on when toholdan election for SBA Vice President whichis currendy thesole vacancy onthefour-member Executive Board(Executive Board elections forPresident, Vice-President, Secretary andTreasurer, are held at the end ofthe spring semester). The SBA ClassDirectors for 1992-1993,withtheirmailbox numbers, are: for the First Year,Patty Campbell, Box 35 7;Adeline Goldman, Box 39 7; PaulBeyer, Box 3 34; Gwen Carr, Box 3 61;MarcPanepinto, Box 486;and ChristinHorsley, Box 410;for the Second Year,Kevin Collins, Box 630; Sarah Schwartzmeyer, Box 806; GarySimpson, Box 792; Joeßehuck,Box 616;andChandy Sweet Box 807;(Bryce Baird,Box 608,and Joel Sunshine, Box 805,bothreceived 50 votes, and will have a run-off election on Wednesday and Thursday); in the Third Year, Lara Greco , Box 113; Scot Fisher , Box 88; Michael Radjavitch,Box 212;GeoffTager, Box 2 57; ScottRudnick, Box 225;andNancy Johnson, Box 206. Congratulations and goodluck to all! munismhasprovedworkableinthecontextsof environmentalism and humanism. She believes that the system needs complete overhauling. "A lotofthingswetake for granted shouldn't be takenfor granted.'' Sherefered to a shifting in valuesand priorities as a means of making change. Tannerclaimed that the law that students are learning now will not serve them well when they leave the academic setting. She said law codifies values and valuesare shifting. "We're intransition", she said. She closed by writing, "OPPORTUNrTYISNOWHERE"onthe board andasking the audience how this statement might otherwise be read. She suggested that we might address itanotherway,' 'OPPORTUNITY IS NOWHERE." HIGHLIGHTS SBA Run-off Election Commentaries and Editorials Bridget's Blotter Docket 3 4-5 6 7 �I ° REGisTRAri N must 11/l/yZ I ■ II I ■ H . —•*( W7TI# IWE )*�|H| hj HiPHiin ■ IHhI Hlw I CPPPTBT ■| yrnyiril| H I! |CP ill J|||T Law student's discount of $200 will be deducted from the cost of $ 1,300 for any student still in law school who registers lor the Pieper New York Multistate Bar Review Course by November I. 1992. ■ ■ I The Pieper Course Includes: BH * H[ Complete lecture * Multistate Practice writing H * and Exam J^m mM + Multistate Professional fl| Responsibility Exam � Multistate Volume I + New York Law jH w * Volume Professional Responsibility l/UO /ri JuFlll I WM H Itptr O CJfIQQ duidnnCP 111-\JlUdd UUIUUtILC For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ■ The Bar Course That Cares. i^H fIH 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (Sl6) 747-4311 PIEPER REPS.: �LAW STUDENTS FOR CORPORATE ACCOUNTABILITY by Kevin P. Collins, News Editor Law Students For Corporate Accountability (LSCA) was created inthe Fall Semesterofl99l by 2L JoeBelluck in order to bring awareness to students about corporate and white collar crime. The group aims to focus attention on therOle corporations have in shaping our legal system and our society. Injustoneyear, LSCA has accomplished much. Perhaps most significantly, LSCA has been successful in achieving its goal ofcreating a whitecollar crimecourse. Thanks to the lobbying efforts ofLSCA ontheadministration crime. The group would like to see a legal perspectiveand awareness focussed more on crimes committed by corporations intermsof financial damage,injuries and deaths than by individuals. AsJoe Belluck explains,' 'Onany otherissue, being anti-crime doesn'traise an eyebrow. Just mentioning 'corporate crime' arouses suspicion from the Vested interests."' As an example, he cited to the recent S & L Crisis and environmental crime being more damagingand costly to society than individual cases ofcrime suchas muggings. The group hopes to makepeople and corporationsaware Run-off Election for SBA SecondYear Class Directors Bryce M. Baird Joel Sunshine Because ofa tie in the general election for thelast Second Year seat on the Board of GROUP SPOTLIGHT wdlbe a series featuring a differentstudent group each issue Director!!! Althoughldonotwanttotakeup Directors, JoelandI haveanother opportunity your time going through too many specifics, to explain why weboth want to be elected tothe likeRichie Cunningham usedto (" Issue #22: board. As I explained in thelast editionofThe Angledparking spaces!!"), Ido wanttomenOpinion. I would like to see the SBAassume a tiona few issueswhich I am looking forward to higher profile in the school. I believe the SBA has an excellent opportunity to dojustthatthis working on ifI am elected to the SBA. Something has gone awry at UB Law year because ofthe changes that have taken School. We have a talented student body place withinthe administration. Ifthe SBAcan even ifwe judge ourselves by the "superfidemonstrate that itis a qualified, competent cial' ' factors such as LSAT (\JB average: 39) representative body, then I believe it can soand undergraduate GPA (3.4),werankamong lidify andenhance itsrole as the student voice the top schools in the country. We have a in administrative decision making. talented faculty. Our price tag is almost $ 15,000 cheaper than our competitors, even Another importantaspectof SBA is the cheaper ifyou factor in the difference in cost- allocation offunds to the differentlaw school of-living expenses. Talented students, tal- organizations. These organizations have the ented faculty, inexpensive price tag. What potential for really enhancing the image ofthe school, as evidenced by the recent honor more could one want in alaw school? recievedby theDomestic ViolenceTaskForce. Why is it then, that inpollsofrecruiters Well funded student groups are important to frommajorlaw firms throughout the country, thislaw school,andas a director,I wouldfry to UBranks around 160th? Although 91% ofour increase theamountoffunds generally availLSCA Facilitators, fromleft to right: JoeBelluck, Chris Runge, Denis Bastible, Mike 1991 graduates found employment of some able. Joyce, JoeAntonecchia. kind, howmanyofthose wereturneddown from Photo: Paulßoalsvig jobsin major law firms in New York City and Finally, the Second Year students have WashmgtonD.C.thattheyhadpreferred? Some already elected five excellent well qualified and to Dean Boyer, in the Spring Semester of oftheroletheyplay in American society today. say that UB suffers because of its basis in directors. believe that I could work wellwith I 1993there willbeanew courseoffering for2Ls To this end,LSCA hasjustrecenfly donateda Public Interest Law, however, ÜB's Public those already on theboard towards reaching the and3Ls- -''WhiteCollar Crime to betaught lot ofcareer guides and books to the Career Interest Law Program should be a strength. goats I have already mentioned. Ihopeyouwill by Professor Tinker. In addition, LSCA has DevelopmentOffice and the library. Make itreason number four talented stugiveme the opportunity. Lawstudents whoare interested in join- dents, talentedfaculty, been featured in the ABA Student Lawyer inexpensiveprice tag, Magazine.hasbeenthesubjectofastoryinthe ing LSCA will receive a perspective on the nationally-respected Public InterestLawPro"Corporate CrimeReporter" and ishelpedby legal system thatthey willnot get from most gram. We shouldbepublicizing ourstrengths this time is that ifelected to the SBA, I wdl Ralph Nader who is encouraging law students classes. Students will learn ofthe effort of so that everyone in the entireAmerican legal look into all the issues involved with this across Americatoform similargroups ontheir corporations to shape how ourlaws are admin- communityknows about us. Is P.R. such a proposed actionand report back to the student campuses.LSCA also helped theDunlop strik- istered through undeimining efforts such as ' 'vain thing that we should notpromote our bodyforyour input. erslast year,attended an organizing meeting SLAPPs (Strategic Lawsuits Against Public school? Our school is at a crossroads. The There are many other issues I hope to for a labor party in the US, helped support Participation) and TortDeform efforts tore- faculty and administration have not takenthe address along with the otherSBA directors ~ shape Products Liability law to insulate com- lead in thisarea. Theydo not have toreport to increased funding for enactment o fan item pricinglaw, andparticiourCareerDevelopment pated in a panel discussionby the Association panies and tomake harderortakeaway oppor- Trustees or Alumni nearly as muchasthose at Office to bring it up to par with other law ofTrialLawyers on Tort Deformon Campus. tunitiesforinjured plaintiffstorecover through private schools. The students,therefore,must schools, increased communication with firstLSCA hasfour goalsfor this upcoming the legal system. Students whoare interested initiate appropriate changes, and the SBA is years beforethey arrive on campus (remember schoolyear. ThefirstistoorganizeaCorporate in joiningLSCA may contact its facilitators, the vehicle by which to do it howlost wewere),moreroomandoffice space CrimeFightersDay. The groupplans tobring 2Ls JoeBelluck (Box #616) orJoeAntonecchia Another issue I wantto investigate is the for students, faculty, and student organizain four speakerswho either prosecute corporate (80x#603). LSCA'snextmeetingwillbethis rumored one-thirdreduction ofthe law school tions, andensuring that thelaw school'srights criminals or who are involved in Corporate Thursday, September 17 at 4:00 p.m. in the studentbody. Now, I am as fiscally conservaand power are not being taken away by other Accountability lobbying. This will also in- FirstFloorLounge. tiveas anyone, but, isit in the best long-term departmentsandschools withinthe university LSCA encourages students to jointhe interestsoftheonly public law cludea panel discussion, to be followed by a school in New (e.g.whydon'twecontroltheMootCourtroom group and to help in its efforts in bringing York State to eliminate an question and answer session and then interentire section of anyway?). awareness to andtaking on corporatecrime. As incoming first-years? Oristhis just viewsfor summerjobsofferingstudents posIn order to conclude this statement I a band-aid sibleemploymentandagood way tonetwork. JoeBelluck stated, "The big battlesofthenext solution to solve our current financial probneed another hoakie campaign slogan. How decadeare going to beover corporateefforts to lems? don'thave a Second, LSCA intends to doa study ofcorpoat this I definiteposition "For a BRIGHT future for UB Law about weaken theability ofourlegal system tohold time on this rate connections withlaw school textbooksissue, although at first glance I School, vote for JOELSUNSHINE! f" (I'm i.e.how manyauthors oflaw school textbooks them accountable. Corporations feel confi- obviously don'tlike it What I can tell you at gonna milk thatname thing forall it's worth.) eitherwork orlobby for specific corporations. dent that they can control thelegislativebranchThe third goal ofthe group is to establish a and the executive branch- a-la-Reagan-BushCorporate Accountability Summer Student Quayle. It is the judiciary that scares the The office of Judicial Affairs is seeking interested law Internship, to befundedsolely by LSCAthrough corporations. And that is why in the area of students to be prosecutors for the University's disciplinary nwney-raisingeffortsanddonations. Thegroup torts,contracts,civilprocedure, criminallaw, law, to do a andconstitutional corposummer property rights plans to fund one law student court, the Student-Wide Judiciary. The position entails internship. Lastly, LSCA will step up its rations are attempting to shift theselaws to be representing the University on disciplinary matters. Apefforts in spreading and establishing similar less adversaria] to theirgoals. They are doing this throughthe very institutions thatshould be groups on a nationwide basis in other camproximately 10-15 hours per week will be required. Work supportingthe strengtheningofour laws- law puses. study is available. Deliver resumes to Capen Hall 405. LSCA, according to group founder Joe schools, the Al-I and think tanks." Welcome to Round Two ofthe Student Bar Association'selection for 2nd Year Class -- - - Belluck, is not anti-business, butrather isanti- September 15,1992 The Opinion 3 �Opinion Mailbox Sexually Healthy Heterosexual Begs to Differ Volume 33 No. 3 September 15,1992 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: GarySimpson PhotographyEditor: Paul Roalsvig ArtDirector: BillKennedy StaffWriters: Tracy Sammarco, W.F. Trezevant Contributors: Joseph Antenecchia, JosephBeUuck, Andy Kehrer, Robert M. Kitson. LathyKorbuly, Srikantßamaswami EDITORIALS Afterthe "Pot-Hole" Senator's Seat D'Amato is waiting and watching to see who will try taking away his coveted seat in the United States Senate. The victor in today' sDemocratic primaryrace will determinethe type ofcampaign he will have to mount. If the polls are right and Geraldine Ferraro wins, brace yourselves for some viciousmudslinging. If, on the other hand, New York State Attorney General Robert Abrams wins, D'Amato may have to be a bit more resourceful in extolling his virtues while concealing his past shady dealings. Likewise, a victory (upset) by New York City Comptroller Elizabeth Holtzman, the "squeaky clean" candidate (as she refers to herself in her television ads), would be equally troublesome for the man who is commonly referred to as New York's "pot-hole" senator. The maverick Reverend Alfred (" Al") Sharpton isalso taking a shot at the seat, but stands the smallest chance. The old adage goes that for want of a nail the horse was lost. Today we should say that for want of a voter, the election was lost. Americans have few choices because few Americans vote. The few who vote monopolize the decision making process, and those who don'tshould not complain. American elections are poorly attended, and primaries even less so. So, if you're a registered Democrat, get out and vote. Who Protects OurStudents? The recent savage attack upon a UB student recalls bitter memories in every UB student's mind. Even those too recently arrived to rememberthe death ofLinda Yal em remember some other crime perpetrated upon another hapless UB student on or around the UB campuses. When will security act? What is theuniversity'sresponsibility to its students once they step off the campus grounds? These are not simple questions, but they need immediate answers nonetheless. Students are increasingly facing danger on and off campus, but neither the administration nor campus security are giving anyone reason to feel any less apprehensive. Some students have taken it upon themselves to patrol the streets around the South campus during the late hours of the night. This is a good start. Shouldn't the university also step up its patrols? Or at least insist that the City ofBuffalo step up patrols in what has become a high crime zone? Students deservea safe place to live in. The university contributes substantiallyto thelocal economy. Theleast the City ofBuffalo can do is to provide a community in which students do not have to fear for their safety. Copyright 1992. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors or StaffofTheOpinion. TheOpinionisanon-profitorganization, thirdclasspostage enteredatßuffalo.NY. Editorial policy ofTheOpinion isdeterminedby theEditors.The Opinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves the right to editfor length and libelouscontent. Letters longer than three typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716) 645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed inthe "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial BoardofThe Opinion. 4 The Opinion September 15, 1992 To the Editor: Tracy Sammarco' s articlemy ourlast issue about thebreast-baring movement isawonderfulexampleofhermetic feminist ideology run amokand passing itselfoffas truth. Her basic premise, that the female breast is as aresult ofsocial construction a '' sexualized object which maybede-sexuahzed by familiarity, is wrong on two counts. First empirical evidence and various sexual studies (the Kinsey Report, etc.) demonstrate thatmany women find breast stimulation sexually pleasurable, so much so that some womenneed tobe reassured that they are normal whena nursing baby stimulates these feelings. Second,agreateracquaintance withpornography and withreal people's sex livesmightenlighten Ms. Sammarco as to the many ways inwhich sexually creative menand women, even those withfrequentexposuretonaked breasts, employ thebreasts towards their mutual sexual gratification. That the female ankle is often exposed in public does notreduce itsappreciation by normal, sexually healthy heterosexual men and lesbian women. I wouldalso note that insecurity regarding one's abdity to measure up toaphysical ideal isnot exclusive to women. Advertisers would knock on Mcl Gibson'sdoorbefore mine werethey seeking to replace Jim Palmer in their underwear ads. Unlike many feminists, however, mostof usrefrain from transforming ourpersonal insecurities into the wholesale sexual repression ofothers. While you're banning pornography and advertising thatidealizes thefemale form, shall I ban romance novelsand soapoperas that idealize the perfect man? Why is male fantasy to be eradicated, and only female fantasy acceptable? Sounds sexist to me. None ofwhich is to say that I disagree withthe CourtofAppeals decision orwith the bare-breasting movement. I'm all for it although not for thereasons Ms. Sammarco is. I've got to admit that it's awfully nice when there's a rare conjunction between feministideology and completely normal male desires. Generations fromnow, healthy male heterosexuals will stillbe admiring Pandora from her breasts down to her box, whether those breastsare ordinarily publicly exposed or not. All I can say is, yum. John Cody, 2L COMMENTARY: Thinking the Unthinkable About the Rodney King Case: Was the Jury Right? byAndyKehrer In dieAmerican criminal justice system the criminal defendant gets the benefit of many procedural andcv identiary safeguards. Themost importantprocedural devicethe criminal defendantbenefits from isthe presumption ofinnocence. All men orwomen accused ofcrimes sit before the juryas innocentpeople. Theaccused defendantcan only beconvicted ifajury ofhis peers, after hearing all the relevant evidence, is convinced of his guiltbey ondareasonable doubt. The reason that our system extends such protection to the defendantis simple. If convicted, the defendant may be punished in sucha way so as to deprive him othisliberty, property or even his life. These are "inalienable rights" to which all Americans are entitled. The criminal justice system therefore grants the defendant procedural and evidentiary safeguards so thathe wdlnot bedeprived ofthese precious rights withoutdue process ofthe law. When discussing theRodney King case, many people tend to disregardthefact that the four police officerscharged withbeating Mr. King were the defendants. Itwasthey whostood to lose theirjobs, careers, and liberty ifconvicted. It is they whoreceived the full range ofrights provided by the criminal justice system. At the start ofthe trial eachmember ofthe juryhad to presume thatall four police officers were innocent. Each jurorhad to look at each defendantand say' 'There sits an innocent man." Any prospective jurorwhohad doubts as to the innocence ofthe accused police officersbefore the trial could not beallowed to sit on the jury. Only after twelve unbiased jurors were selected could the trialbegin. Obviously, the most damaging piece ofevidence to the defendants was the now famous amateur video which showed the defendants beatingKing whilehelay helplessly ontheground. Mostpeople who saw thevideo were shocked by theverdict Itwassoobvious the police had used excessive force- how could thejuryrule as it did? Many people cried racism. Yet others took to the streets and committed senseless acts ofviolence against lifeand property. None ofthis craziness helps answer the really pivotal question in the case: Was thejury verdict right? Thejury based its verdict on the seven weeks oftestimony it heard, not on the 30 seconds ofvideo tape whichwas shown overand overon thenightly news. MostAmericans were not aware ofthe specific circumstances whichlead up to the arrest and beating of King. To put oneselfin theplaceofan impartialjuror is difficult ifnotoutrightimpossible. However, onemust look at the overallpicture, not the media's portrayal ofit before one can try to see the case as the jury did. The policefirst spottedKing as he spedbya radar trap. The police triedto pullhim over but herefused and led them on an eight mile, 100mph chase downtheLos Angeles freeway. He then exited thefreewayand continued the chase,running stoplightsand signs at speeds of60-80 mph. A fter hefinally pulled over, the two black passengers riding with him followed police instructions, lay on the ground in the prone position, were frisked, arrested and laterreleased. ...King, continued onpage 6 - Corrections An article entitled "Massive First Year Class Result of Tenure Dispute" in the August3l,l992 issue ofThe Op inion erroneouslyreported thatthe suitinstituted by Professor Blum against the law school had "survived" a motion to dismiss. In actuality. Professor Blum's first complaint was dismissed with leave to amend. Hisamended complaint is what is now before the court. - In that same issue, Bryce M. Baird, a second year law strudent, was incorrectly identified under the photo accompanying his SB A candidacy statement as a first year law student. �Trials Features Editor By Natalie A. Lesh ' 'Sticks and stones may break mybones hilation ofthe spiritwhich accompanies the but words will never hurt me." violenceagainsttbebody. Itshouldcapture I haveno ideawhenthis well-known theessence ofhelplessnessand dependence, advice was first given, or by Whom. offearandhatred,ofdisgustand disillusionActually, I am not as interested in ment and ofpainand distrust. The implications of a lighter, less discovering who is responsible for the statement as I am in understanding the harsh use ofa word like "rape" is widereasoning which could have enabled spread. It allows the perpetuation ofthe someone to arrive at such a blatantly false repugnantbeliefthatarape victim deserved to be raped or was somehow at fault. It conclusion. Words are probably the most encourages society to hold women hostage damaging weapons one person can use to acertain type ofappearance or conduct. againstanother. The woundswhich words It dictatesthe continuation ofstagnant rape are capable ofinflictingare more extensive laws. It permits thetolerance of such outand devastating than those which result rageous violence. And it promotes the fromamerephysical blow. Intimethebody silence-the deadly silence- ofwomen who will heal itself, but the mind, the target of have beenrapedand whoare afraid to face ourwords,isnotso resilient Timebecomes the blame, the inquiry, orthe sympathy of irrelevant. thosearound them. that It is in this subtieway that words can I am sure these are not new to are revelations anyone- they certainly hurt. By cutting to the very heart of the not to me. I have always believed that the concept represented by a word, meanings power oflanguage cannot be overstated. are altered, perceptions are changed, and Each timewechoose onewordoveranother feelings are dulled. Itmay be thatthis is the ... a lighter, less harsh use of a word like "rape" ... allows the perpetuation ofthe repugnant belief that a rape victim deserved to be raped or was somehow at fault. in order to express an idea or thought we makea conscious decision to use thatparticularword. However fleeting thedecision may seem, we mean to use every word whichpasses acrossourtongues and through ourlips. Thewordsareinseparablefromthe concepts whichthey represent eachwordis a concept in and ofitself. Even a slight change of one word can alter the entire meaning ofa statement Given the tremendous impact of words, then, whyisitthat we are not more careful in choosing thembefore we speak? Lestthere be any confusion,I am not referring to the words which we use as "labels," and upon which the political correctness movementhasunyieldingly focused. While I do believe that they are indeed importantand, as those who know me willattest am somewhat preoccupied by the girl/woman/ladydistinctionmyself, there are more critical battles to be fought I am referring in particular to the use the word of "rape." Say it. RAPE. It is a short succintno-friUsword. Its meaning should beequally sharp. However.its usage has hadthe unfortunate effectofsoftening the meaning, the impact and the very conceptoftheword' 'rape.'' During the past few weeks, I have heard severalpeopleusetheword' 'rape to describehowa certain situation madethem feel. In one instance, amale attorney stated that the recent theft ofmoney from his car made him feel likehehad "beenraped." In another instance, a male recounted to me how thecompany heworksfor' 'rapes'' its employees. lamsurethatyougetmydriftwe have all heard, and maybe even made, such comments. goal- to negate theharsh impactoftheword "rape." Butsuchanattemptcanonlybein vain. Rape is a reality, and the hideous nature ofthe crime cannot and will not be concealed through avoidance. The negative effects ofthe inappropriate usage ofthe word "rape" are not irreversible. Recovery is a distinctpossibility. Yetsuchrecoverycannotbesuperficial- like the damage to the mind, soul, and spirit which accompanies rape, the damage to ourconceptions ofrape is extensiveandrequires careful handling. It will notbeeasy; thefear ofconfronting the truth aboutrape willlinger, attempting to dragus toward the dark, musty comer of self-imposedignorance. COMMENTARY: Tort Deform in the Classroom by Joseph Belluck - This past May, John Vargo a trial lawyer fromIndiana and Editor-in-Chiefof MatthewBender'sProductLiabdity Practice Guide ~ sounded thealarm about acorporate campaign to make the academic community an adversary ofAmerica's civil justice system. In a detaded memoranda, Vargo charged that insurance companies and othercorporationsaremounting aconcertedeffort to deform our nation's tort laws by deforminglegal education. Among the examples listed in the memo were: 1) the proliferation ofindustrysponsored awardsand grants forstudentpapers that focus on anti-plaintiff positions; 2) the bombardmentofprofessorsanddeansoflaw schools with informationfromright-wing think tanks, corporations and defendants; 3) the financing oflaw schoollecture seriesby corporations —suchas a series o flectures on tortlaw funded by the Monsanto fund at Valparaiso Law School in Indiana; 4) the funding oflaw schoolfaculty chairsby corporations—suchas theJohnOlinFoundation Chairsat Harvardand Yale; and 5) speaking engagements by tort deform proponents — suchas Peter Huber—at law schoolsaround the country. Perhaps the most disturbingcharge levied by Mr. Vargo relates tothe influence ofcorporate proponents on tortscasebooks. A prime example ofthis is the widely usedProsser Casebook on Torts. which isnow co-authoredby Victor Schwartz. Victor Schwartz is an attorney with the law fuTnofCroweUandMoring,anduiedirectorof the corporate funded Product Liabdity Alliance the leading tort deform organization in Washington, D.C. Notsurprising,no mention ofMr. Schwartz's lobbying efforts to weaken existing tort laws appears in the book. The Prosser casebook isnotalone. In fact a 1991 article in theTexasLaw Review, The Politics ofTortCasebooks: JurisprudenceReductus. 69 Tex. L. Rev. 1223 (1991), details numerous other examples of torts casebooks that are authored by mdividuals who are actively pro moting tort deformonbehalfofcorporations. HereatßuffaloLaw School, theProsser casebook is used in first-year torts classes withoutmentionofMr. Schwartz'slobbying activities. In addition, other first-year classes useWalterOlson'sbook, The Litigation Explosion, withoutmention thatMr. Olson works for a tortfeasor-funded think tank The Manhattan Institute. Onecould argue that attack- — - -- ing the useof such materials amounts to censorship, no matterhow hypocritical that would sound coming from the conservative corner. A harderargument however, wouldbe to challenge acall to informfirst-yearlaw students of the business-greased legal positions oftextbookauthors. This summer, the Association ofTrial Lawyers ofAmerica (ATLA) — one ofthe largest groupsofcorporatecrimefightersin the country - discussed the issues raised in Mr. Vargo's memo atitsannual convention. Atthe discussion, were anumber oflaw professors who complained about the trouble they are having getting pro-consumerresearch funded and the pressure they feel to adoptanti-victim positions. Hopefully, ATLA willmount a serious effortto combatthe corporate campaign to im 'uence legal education. In the meantime, however, law students should notjustsitand wait.Overthenext few months,LawStudents for Corporate Accountability will be conducting astudy to determine howmany authorsoflawschoolcasebooksare affiliated with corporations. Anyone interested inhelping with the study shouldleave a note in Box 616. Onarelatedmatter, Buffalo Law School shouldtake some pridein thefact thatthis past weekthe U.S. Senate deraded the misnamed ' 'ProductLiabiliry FairnessAct(S. 640).The bid supported by the organized tortfeasors lobby ~wasa brazen driveforfederal preemptionofstate product liability laws that protect consumers. The legislation would have removed accountabdity standardsagainst sellers of unsafe products that harm innocent people. Among the bid's provisions were: 1) theelimination ofjointandseveral liabilityfor non-economic damages; 2)the barringofpunitive damage claims for drugs and medical devicesapproved by theFoodand DrugAdministration; 3) the barring of punitive damage claimsfor airplanes approved by theFederal Aviation Administration; 4) thebifurcation of the liability and damages phases ofatrial atthe requestofdefense counsel; 5) a 25 year statute ofrepose on all workplace equipment; 6) the establishment of"clearand convincing evidence' ' as theburden inproductliability cases; and 7) the impositionof'Toserpays" require- — ments on plaintiffs. This PAC-greased defendant's bill of Deform, continued onpage 6 Lot Parking Greetings Bil Kennedy Suchinappropriateusageoftheword ' 'rape" can do nothing butdetractfrom the intense meaning which this word should possess. Theword "rape" should beused only to express the heinous, deplorable violation that it is. It should reflect the outrageous invasion and loss ofcontrol implicit in any situation in which one person uses physical or psychological force in orderto assert their powerover another person. It shouldrepresent thedevastationand arm i- September 15,1992 The Opinion 5 �...King ...Graduates continuedfrompage 4 King, on the other hand, did not follow police instructions. He refused to be frisked and would not lay in the proneposition. Hedid get down on all fours, but whenthepolice tried tohandcuffhimheshookthemoffandgotback his feet. Atthispoint thepolice warnedKing that ifhe did not cooperate he was goingto be shot with an electronic taser gun. He failed to get down on the ground and a first taser dart was fired. King still did not fad to the ground and a seconddartwasfired. This time King did go down, but quickly got back to his feet and lunged atoneofthedefendantpoliceofficers. At this point die first of what were later counted as 56 blows was struckandKing fell tothe ground for good. Thevideo showsthe police hittingKing whdehewasdown. What mostpress accounts did notmention was thatthe police didnot hit King whilehe waslying in the position which the policerepeatedly told him to assume. The video clearly shows this. The police wanted him to lay face down on the ground with his hands behind his back. Herefusedtodoso. He was only hit when his hands were moving toward his waistband (the police thought he may havehada weapon) orwhen he was trying to move to positionsfrom whichhe had earlier risen to his feet. He never did assume the completely prone position, but the police did finally manage to get the cuffs on him. Keeping all this information in mind, and remembering that the defendants are presumed innocent is thejury verdict at all surprising? Was the verdictclearly wrong, as so many people argue? Itis surely clearto me that there isarationalbasis forfinding areasonable doubtas to whether these four police officers used excessiveforce in subduing afugitive who they hadreason to believe presenteda genuine danger to them. The defendants in this case weremostcertainlynotgudtybeyondareasonable doubt to ...Deform continuedfrompage5 rights wouldhave severely weakened existing protectionsfor victims ofdefectiveproducts. Protections that are increasingly required as Reagan-Bush-Quayle gut theregulatory abdity offederal agencies and thenask Congress to make these regulatory agencies the final arbiters of safety in the supposedly independent judiciary.Theanecdotalarguments used to support this bid were shaky at best. For example, the bill's supporters claimed that punitive damage awards are out ofcontrol. However, arecent study by professorsatSuffolkUniversity SchoolofLaw andNortheastem Universityfound that since 1965,punitive damages have been awarded in only 355 state and federal product liability cases. Andwhat about the specter ofa product liability litigation explosion thatwas being usedtopromote this legislation?According toa 1990study by thanfouryears after theappeal and eightyears after the original petition was filed, the PERB rendered a unanimous 3-0 ruling in GSEU's favor on all counts and granting the union the right to a certification election. SUNYchallenged the PERB ruling, and onNovember 7,1991 filed anappeal with the New YorkState SupremeCourt. Thisappeal was sentup to the Appellate Division. OnJuly 23,1992 the Appellate Division ofthe New York StateSupreme Courtruled unanimously, 5-0, to dismissthe SUNYappeal becauseithad no merit thus upholding the PERB decision. Finally, this past August SUNY announced thatitwill notpursue a further appeal; after an eleven-year struggleby the GSEU, thePERB organized a mad ballot election date: ballots willbedistributedonNovember23,l992and mustbereturned byDecember 17,1992. Thus, 4000 SUNY GAsand TAs (ofwhich there are 1300atUB)arenow legally entitied to decide whether they want a collective bargaining unit Inordertohavesuchaunitamajorityof those voting must vote yes. Basically, the GSEU wants to unionize the 4000 graduate employees of the SUNY system, and desires to budd a strong, democratic organization which can bargain collectively with the state and with SUNY. They wish to have a voice in how SUNY is administeredandhow graduate employeesare treated withintheworkenvironment Theyhavewithstoodoveradecadeofeffortsby SUNYtodeny graduate employees access to thepolicy-making process that direcUy affects graduate employees' fives and the qualityofeducation in theSUNY system. TheGSEUisrunbyandfor graduate employees and iscommitted to giving thema collective bargaining strength with whichthey can fightfor whateverissues they, as a group, decide are most important Collectivebargaining by graduate employees wdl enable them to participate in decisions now unilaterally made by state gov- the National Centerfor State Courts, product liability lawsuits account foronly 2.1 percent ofalltortfilings andonly 0.1 percent ofthetotal awards in tort cases. Fortunately, inabig victory forconsumers, the Senate—by onlythree votes —stopped S. 640 dead in its tracks. The Senate voted against the bill, despitethe factthat hundreds ofmanufacturers wereflownintoD.C. to lobby for the bill on the very day ofthe vote. The about the issuesthat concern you,and make an informed vote. Also, begin to think about running for thesoon tobe vacantvice-president position. Group Leaders pay attention - thereisa newreservation policyforthefirstfloorlounge. In the past there have been problems with groups signing up for a number of days in advance, and then ending up not using the reserved dates. Thisprevents groups whoneed to use the lounge that day from beingable to do so. Therefore.youmaynowreservethelounge no more than two weeks in advance of your The Opinion A. ernment SUNY Central and the local upper administrations. The GSEU will fight for graduate employees to obtain health insurance, salary protections and increases, tuition fee waivers, job security, mutually agreed upon job descriptions and grievance procedures, adequate safety conditions, sexual harassment protections andmuch more. It is argued that the GSEU wdlbenefit SUNY itselfby bringing moremoney into the SUNY budget and that this, in rum, will improve graduate education. By being able to offer graduate studentsa secure position with a fair salary, basic benefits and work-place rights, SUNY will be ableto compete withthe top schools acrossthe nation inattracting those students with the most potential. € ■V J By recognizing and bargaining withthe GSEU, SUNY canimprove thefaculty-student relations whichrecendy havebeen tenuous at best. By recognizing the' 'Graduate Student Bill ofßights''and by bargaining fairly, SUNY can allow its graduate student employees a democratic role in how the state university operates. Graduate student employees who wish to join the GSEU, or anyone wanting more information.maycontactthe GSEUpresident CarlMontgomery,at(7l6)BB2-7103,0rE-Mad #V247G52K. TheGSEUmeetings are scheduledto take place every Monday at 4:00P.M. inroom 317 ofthe StudentUnion Building on the SUNY NorthCampus. Wfyj^ E, 5 ' In\\W\ ~'\ew?kt )v\irJ bdl's provision limiting jointand several liabilitywould have on consumers—especially low-wage earners, womenand seniorcitizens -sheskiUfulryansweredabarageofquestions — — Bridget's Blotter lotguys! Please, go and vote. Joeland Bryce are both great so ask them specific questions passing timeoutside the library this Wednesday and Thursday, the 16thand 17th. Thanks a If you missed the first wave of submissions , S. A. P. please place your information in Box 611 and doingresearch against the bdl, the group was likely a factor in causing both Senator Moymhan and SenatorD' Amato tovoteagainst the bid, D'Amato being one ofthe only other from a number ofSenators. During the bill's Republicans to lodge apro-consumer vote. debate on the Senate floor, anumber ofSenaAlthough S. 640 will not be revived tors mentioned Professor Finley's testimony again duringthis session ofCongress, other as thebasis fortheiropposition to S. 640. Only challenges heahead. Bush and Quayle seemed threeRepublicans votedagainst thebid's furfixated on proposing medical malpractice retherconsideration. It's quite likely thatone of form as their solution to the health care probmanufacturersdidwhat is commonly known in these Republicans Senator Specter(R-Pennlem. And rumor hasit that ourciviljury system pre-election day Washington as the "CEO sylvania) voted against the bidbecause of could even be challenged as a trade barrier shuffle." Professor'sFinley'stestimonyaboutS.64o's under thefree-trade agreements President Bush Whatdid Buffalo Law Schoolhave to do negative impact on women. Specter— feeling is currendynegotiating. with the bill's defeat. First ofall, Professor the heatofthe Clarence Thomashearings — is Law Students for Corporate Accountalready onthedefensive from womens'organiability will be monitoring efforts to increase demise. At an August hearing at the U.S. zationsand Pennsylvania voters. corporate in fluence over ourjustice systemLaw Students for Corporate AccountCapitol in Washington, D.C,Professor Finley including coordinating efforts to stop the coreloquently testified against the legislation. ability also playedarole m the bill'sdefeat By porate lobby from spreading' 'corporate corAfter Professor Finely educated the so-caUed schedulinga press conferenceforRalph Nader rectness' ' at law schools. For more informahonorable members ofthe Senate Judiciary and Professor Finley in Buffalo, urginglocal tion, leave a note in Box 616. Committee about the disastrous impacts the attorneys and victims to contact ourSenators As you probably already know, Bryce 6 Participate in UB Law's Greatest Resource The Phi Alpha Delta Student Directory continuedfrompage 1 meeting. Ifthereisanyrcasonyou shouldneed toreserve the loungeearlier (such as aplanned speaker), see an SBA officer, and we will reserve it for you. I've heard tell that a certain professor September 15,1992 was very distraught after having been locked outofhis office this past week. Whobetterto approach withthis problem than those crime busters - The Law Students For Corporate Accountability. Perhaps if the pending suit does not turn out as this professor desires,he could suehimselfforself-inflicted emotional torture! Now there's a line oflegal reasoning notyet explored. If you would like more information on what the present faculty is doing, see Nancy Johnson, Scot Fisher, and Gary Simpson. They wiU be attending the faculty meetings, and wdl beon theappointmentscommittee(which concerns the hiring ofnewfaculty members). The SBA wouldlike to fostera positive, cooperativerelationship withthis year's faculty, so please approach these people with your concerns and questions. There is a very tentative SBA party planned for Thursday, the24th. In fact, it's so tentative that we don't know where it will be yet. But I'm sure itwdlbe good, so mark your calendars. Speaking ofpartying, I did have occasion this past weekend to witness Michael Rosen and Bryce Baird, expert dartplayers, practicing their skills at the Shebeen. They seemed rather good, or at least they were hitting the board, which is more than I can say for myself. Chip, a first year, last name unknown, wasalsotherethrowing darts. Shouldn't you behome studying? The SBA wouldlike to start planning an endofthe yearannual dinner, complete with a highlight speaker. We would like to have an event thateveryone could put on party clothes for, yet not feel like they were reliving their senior prom. So, ifyou have any ideas for a speaker, please seeme or drop a note in Box #639. Until next week! BridgetCullen �The Docket What: Voter Registration Drive Where: In frontofLaw School Library When: BetweenSeptember 14andSeptember 24 Lowdown:ToofewAmericansvote,andAWLS,withthecooperationofseveralotherlawstudent groups, is out to do something about it. What: InternationalLawColloquium Where: Room 109O'Brian Hall When: Wednesday, September 16,4-6p.m. Lowdown: AndrasVamos-Goldman, firstsecretary for congressional relationsfortheCanadian Embassy in Washington gives a lecture entitled ' 'Negotiating the United Nations Convention on Biological Diversity." TnecolloquiumseriesistheEnvironmentalLawSociety.thelnternationalLaw Society, the Baldy Centerfor LawandSocial Policy, theCanadian-U.S.LegalStudiesCenter.andthe UB greatLakes Program. What: Discussion by ProfessorBlum Where: Room 106O'Brian Hall When: September 16 Lowdown: ProfessorBlum will update amy interested studentsonrecent developments in his lawsuitsand outsidepressure forcurricular reform ofthelaw school. Book Review What: Where: When: Lowdown: BLSA Meeting RoomTBA September 16 Agenda formeetingposted outside O'Brian 113 What: Where: When: Lowdown: Jessup Moot CourtMaterials Law School Bookstore On sale as ofSeptember 11,till? $ 10.75 for those ofyou who wantto compete. What: Where: When: Lowdown: CDOLegal Practice Setting: PublictPractice Rm 108O'BrianHall Wednesday, September 16,5:00p.m. Learn from four practicingattorneys whatitis like to practice in thepublic sector. What: Where: When: Lowdown: CDO Legal PracticeSetting: PrivatePractice Rm 108 O'BrianHall Thursday, September 17,5:00p.m. Learn fromfour practicingattorneys whatit is like topractice intheprivate sector, ishdirectorMichael Apted, andpartly due to an increased awareness of Native issues in general,brought on by the 500th anniversary of Columbus'voyageto the western hemisphere. A celebrity inboth easternand western Europe forsome timenow, Peltier hasbeen likened to Andrei Sakharo v and Nelson Mandelaby his supporters, and castigated as a cold blooded kider bythe FBI, prosecutors, law enforcement officials, andthe Judge whoheard his trial in 1977. TheU.S. SupremeCourtrefusedtohear his case, making it highly likely that Peltier will remain behind bars fortherestofhislife. Peltierfreely admitsthathe took part in the shootout but saysthathe did not kdl Coler andWdliams. He also says that even ifhehad killed the two men, his conscience would be clean. Two other AIM activists, Dino Butler and Bob Robideau, who were tried several months prior to Peltierbefore adifferentjudge, were foundnotgudtyofthemurdersby reason ofself-defense. ItishighlylikelythatifPeltier had not fled to Canadaand fought extradition, he would havebeen tried along withhis compatriotsand alsobeenacquitted. As Matthiessen writes, however, "Whatever the nature and degreeo fhis participation at Oglala, the ruthless persecution ofLeonard Peltier hadless to do withhis own actions than with underlying issues ofhistory, racism, and economics, in particular Indiansovereignty claimsand growingopposition to massive energy development on treaty lands and the dwindling reservations." Following theRobideau/Butler trial, the government dropped the charges against a fourth man, JimmyEagle, who was not even at the site ofthe shoot-out when it occurred, in order to, inthe wordsofan internal FBI memorandum, "direct thefull prosecutiveweightof the government againstLeonard Peltier". In addition, the venue was mysteriously moved from Cedar Rap ids, lowa, to Fargo, NorthDakota, a city with a history ofanti-Indian bias (including thelargest mass execution in U.S. history, the lynching of37 Sioux in the midnineteenth century). The FBI, which is a law enforcementagency, and therefore divorced from the prosecution ofthose itarrests, except insofaras it's agents act as witnesses and the evidence it collects is presented at trial, also drew up a memorandum whichlisted reasons for the acquittal ofButler and Robideau and how a similar result might be avoided with Peltier. These includedsequestering thejury, preventing the testimony ofcertain witnesses, andpreventing theadmission ofevidence ofa wide scalecivil waron thePine Ridge Reservation which was the background to the shootout In the Peltier case, if the FBI was to get theirway, the defendantwouldbejudgedsolely on his actions during the shoot-out which, regardless, stdl left a gaping hole in the prosecution'scase. There was no evidence to link Peltier to theactual killings, and theFBI, in conjunction with the prosecution, worried thatto prosecute him on achargeofaiding and abetting,(which carries the same sentence of fifeimprisonment), allowed too much room for speculation about the other aspects ofthe case, which the previous defendants used successfully to win theiracquittal. For theseand other reasons, Matthiessen claims - and backs up with FBI documentsreleased undertheFree- attend Divalo functions at Wellesley, Janaki ventured to Brookline for disco. While the IN Vasudevans prohibited Janaki from going to bySrikantßamaswami bars, Janaki sequestered hernocturnal happenJanaki Vasudevan was in her second ingsaroundHarper'sFerry.orThe Channel, or y ear ofcollege inCambridge, Massachusetts. Cheers. The harder the Vasudevans tried to She was a prodigy with an inquisitive ear for control Janaki, the worse shebecame. Janaki politics, an insatiable interest in sports, and a washelplessly avictim ofsocial conditioning. grade point average that would have made Then along came Derek, punk rocker Demosthenes stammer. Her personality was from Boston- loose morals, lotsa drugs. He rich, too, and she was wed-liked by her peers asked Janaki outto amovieandthey fell madly and respected by her instructors. But things inlove. Janakilived and dreamedDerek. They were notright in the Vasudevan household. took trips to Cape cod and lived it up on the college, Janaki setofffor and Mr. When Vineyard. They spenteveningsatCarly Simon's, Mrs. Vasudevan mapped out herlife. Janaki then droveto Rockport to make love under the would meet an Indian boy at Harvard. Their setting sun. They ventured to CafePonpeii in horoscopeswouldbecompared andthey would WestBoston and watched the sunrise overthe ' 'match.'' The boy would be from arespectMayflower. They dressedprovocatively and able family and would not have bad habits. gyrated theirbodies to the sounds ofErasure at They would take long, romantic walks along Zanzibar. Janaki knew Derek was her man. the CharlesRiver. Then,adatewouldbesetfor Derek wanted Janaki as his woman. the marriage. It was that simple. ButtheVasudevanshadmade firmplans. But Janaki was not the girl her parents Thatyeartheyhadfoundahumble"boy" for wantedher to be. She kept latenights at parties, their daughter. HewasagraduateofTheDoon turned her liver into a cellar for hedomania, SchoolandThe Indian Institute ofTechnologywent camping along "with the boys," and the Indian elixir of academic scintilla. His severely shunned herIndian heritage. While name was Aran and Aran had been "interMr. and Mrs. Vasudevan wanted Janaki to viewed" only to be found' 'aperfectmatch'' fortheirJanaki. Aran wascurrently doing his Ph.D. at Michigan. Janaki's passport would buy Aran his green card. The boy would be a good influence ontheir daughter. Man- they In the Spirit of Crazy Horse byPeter Matthiessen, Viking, 2nd Ed., 645pp, $35.00 Book Review byRobert M. Kitson Originallypublished in 1983,In theSpirit Horse isa sprawling account ofthe Crazy of U.S. government and its dealings withNative Americans, presented in microcosm by an examinationofthecaseU.S. v.Leonard Peltier. It isalso a thoroughly documentedaccountof the FBI' s not-so-secret war on the American fadianMovement(AlM)duringtheearly 19705, and a startling illustration of the use of the criminal justice system forpolitical purposes in this country. The book was pulled offthe shelves by thepublisher, Viking, shortlyafter its original publication because oflawsuits filed by former governor ofSouth Dakota, ' Villiam Janklow,and former FBI AgentDavid l'rice,whichtotaledalmostssomillion. Both , nen alleged thatMatthiessen libeled them in hisreporting. Ithas beenre-published, withan additional chapter on the lawsuits and more recent developments in the Peltier case, after the final issues of the lawsuits were finally thrown out ofcourt in 1990. Leonard Peltier, a Chippewa/Ojibway AIM activist is currently serving two consecutive terms of life imprisonment at the U.S. Penitentiary in Leavenworth, Kansas. He was convicted ofmurdering FBI Special Agents Jack Coler and Ronald Williams on the Pine Ridge IndianReservation inSouth Dakota on June26,1975. Hiscase hasreceived increased visibility thisyear, partly dueto there-publishing of Matthiessen's book, partly due to a documentary film, lncidentatOglala,byBrit- Guest Feature Article JANAKI JEOPARDY tional security(despite theFBl'sofficial characterization of Peltier as "a common murderer".) These are the bare bones ofthe Peltier case, presented here in necessarily simplified form. It is a tribute to Matthiessen's literary sk ills and persistence thatheis able tobring the exceedingly complex case into focus, though it is no mean feat to get through In the Spirit of Crazy Horse the first time with a full understanding ofthe case and side issues itpresents. It almost demandsre-reading and close analysis of the primary sources he cites, which, anyone familiar withFOIA documents can tell you, are not exactly page turners (at least not inthepopularsenseoftheword). His generous citation ofFBI memoranda, trial transcripts, radio logs, and other documentsdo cause the book to drag insome places, especially when contrasted withMatthiessen'sownretelling of the new Indian wars, or the vividness ofhis naturalistic prose, which won himthe National Book Award for The Snow Leopard. Ultimately, however,ln theSpiritofCrazyHorse rewards the reader by bringing to light some fairly darkareas ofmodem American history Issues thatmany Americans may have thought were long settled are shown to have been merely pushed aside, always threatening to surfaceagain. Thecontinued imprisonment of Leonard Peltier, Matthiessen argues, is not a sign ofa society willing to learn from its past domofInformationAct (FOIA) damning butdoomed, tragically forpeople like Peltier, evidence, specifically a spent AR-15 bullet Coler and Williams, to repeat it. shell,was fabricated. An FBI ballistics expert perjured himself in it's regard, anairtight case RobertM. Kitson is afirstyear student was established,and Peltier went offto prison. at ÜBLawSchool. He wasformerly Director The fraudwasnotdiscovereduntil 1981, when, ofPerforming Arts at the American Indian due to aFOIA suit,the FBI releasedpart ofthe CommunityHouse in New York City,and Coalmost 18,000pages that it admits producing Producer apublic televisionspecial, "Warof on the case. The remaining pages remain rior: The Case ofLeonard Peltier. " classified under the FOIA exception of na- — were ecstatic. When summer broke inMassachusetts, Janaki venturedhome tobewithherparents in values belonged in theantique shop ofmemorabilia. She was, after all, Derek's girl. The Vasudevans were shocked to hear aboutDerek. They were shocked to hear that their little Janaki had slept with him. That their littleJanaki kept late nights. That their little Janaki like to smoke. That their little Janaki loved to drink. That theirlittle Janaki thought marijuana was asincereform oflibera- Connecticut- but only for a day. She had become fiercely independent and detested going home. After all, her friends meant the tion. world to her. How could theysee hermother in Dilip Vasudevan was angry with his a sari? Furthermore, she wanted to stay aloof daughter. Angry withher for disobeying his because every minute withDerek wasa moorders; for disrespecting his values; fordisrement ofhappiness. She wanted to have his gardinghisadvice; for disparaging Aran; for baby. cussipatmg herresponsibilities,...for DEREK. When Janakiarrivedhome, Mr. andMrs. ThatnightJanakileftConnecticut She Vasudevan toIdherabout Anui. A meeting had did not go back to Massachusetts. She did not been set up the following week. Because call herfriends. She did not run to Derek. She Janaki refused to wear a sari, a compromise just drove to Long Island Sound bordering was struck. She would get a makeover at Greenwich. She looked into the water and Elizabeth Arden. Her dress would be pur- asked herselfwhy she was so miserable. She chased at Saks. She would have her haircut at wondered why her parents were MachiavelFortran's. Afterall, Janakiwouldhavetolook lian. She wondered why it was so hard to be ' 'presentable" in frontofAran! Indian in America. She wonderedwhy hypocThatevening(afterbuyingtheclothes), risy had permeated the stratosphere ofcultural Janakihad a shit fit. She shouted at her parents intrigue. Then, finding noanswers, shetookher and mentioned that she would never marry life. Aran. She toldher mother and fatherthat their September 15,1992 The Opinion 7 �WE'RE NOT THE BEST BECAUSE WERE THE ■ HBHSSBH hh BiVßVfli A WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-09-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/15/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/59449ba90d61b3883f459d4b46f23e1a.pdf 212d7a0c2dd08454aac5ee02e94bc1b2 PDF Text Text THEOPINION Volume 33, N0.4 September 30,1992 STATEUNIVERITYOFNEWYORKATBUFFALOSCHOOLOFLAW President Greiner Plans to Transcend" Tradition by Vito A. Roman. Editor-in-Chief The inauguration ofWUliamR. Greiner on Friday, September 18, 1992, marked the culm inationofaweek ofevents ushering in the 13thpresident ofthe University ofBuffalo. Greiner, whohas been associated with the university for twenty five years, outlined his vision for UB in his inaugural address. Declaring thatnow was not thetime "to linger overnostalgic notions'' ofwhathighereducation once was, but rather the time to "blaze new trails," Greinercalled on the entire academic community to join him in setting the course of the university into the 21 st century, one that wouldmake it a leaderamong institutions ofhigher learning. "If UB is to remain vital, vibrant, and relevant,'' he told his audience,' 'our university must be not just a leading institution which it already is but a leadership institution,' ' whichlearns from its past whde daring to ask questionsand look ahead into thefuture. This.hesaid,' 'wemustdo for ourselves, buteven more - for our students, ourcommunity, our state, and our society." Greiner stressed the need to act as a community. After mentioning some ofthe controversial newissues currently facing higher education, such as multiculturalism and the need to balanceresearch priorities withother - supported by the people of the state for the benefit of as many of its students who can qualify, no matter how rich or how poor, no matterwhat color, what sex, what ideology.'' TheGovernor stressed throughout hisremarks thatthe goal ofUB and other state educational institutions must always be to maintain high levels of excellence without sacrificing accessibility. 1 Chancellor Johnstonecongratulates Greinerat inauguration. purposes ofthe university, Greinerreminded his listeners that' 'controversy has historically been productive forhigher education, insofar as it has stimulated growth in all directions.'' Debate, he continued, stimulates growth in academia, but only as long as its members reaffirm the shared values whichmake intellectual growth possible, such as breadth, vision, respect, honesty, integrity,and service. Photo: Paul Roalsvig Only then, hecontinued,' 'wewillenhanceour partnership in ourhomecommunity, our state, and ournation." Governor Cuomo, who was on hand to take part in the celebration, also reminded everyoneofthespecialresponsibilitiesofUß andotherpublic institutions ofhigherlearning, stating that "this is a people's university, Calling Greiner's elevation to president more goodnews for Western university ofthe New York, GovernorCuomo also stated that "the state is determined to see to it that the University ofBuffaloremains aschool ofhigh excellence, accessible to all students whoare capable ofprofiting from it." TheGovernor then pointed out that UB had already proven its excellence through itsability to attract investments in theform ofresearch dollars, whichhas inrecentyearsgrown from $43 to $ 107million, and called this a vote of confidence in the strengthofthe university. Finally, before surrendering thepodium to the several other guests who had come to greetthenew president GovernorCuomo turned to Greiner and told him that in these tough times, everyone needs a friend, and the he would beGreiner's friend inAlbany. Leakey Unlocks Mysteries of Evolutionary Science by VitoA. Roman, Editor-in-Chief In order to attract attention to the plight AfricanElephant, Richard Leakey, Diofthe rectoroftheKenya Wildlife Service, publicly burned $3.5 million worth of ivory tusks his wardenshadconfiscated frompoachers. Within six months, theworldwide demand for illegal ivory declined so much that its price fellfrom $250to$20perkdo(2.2lbs.). Today, poachers kill only about 1 elephant permonth for its ivory tusks, whereas in the early 1980s, elephants hadbeen slaughtered at the rate of 3 per day. Saving the African Elephant from possible extinction, however, hasbeen only one of Mr. Leakey's accomplishments. Worldwide heisalsoknown as aconservationist, environmentalist and paleoanthropologist, and has published three books on human evolution. Like his parents, Mary and Louis Leakey, the famous paleonathropologists whofirst discov- preplanned, and I believe nothing could be further from the truth.'' Instead, Mr. Leakey defined evolution as "a theory that explains why organismschange atthetimes they doand theways they do,'' andadded that we humans "areherebecauseofchance." More important on human evolution, Mr. understanding whatit was Leakey explained, meant to be' 'human," especially since what the science of human evolution is learning from the fossil record and genetic research is that ourancestors, though' 'human inasense, may have looked very littlelike us. In fact, geneticistshavediscovered that 98% ofthe DNA structure in achimpanzee is identical to that of man, and that the two species are more genetically similar than are donkeys and horses. Withinthat two percent of difference, however, lies the great gulf of differences that separates apesfrom man. eredauswalopithecineafarensis, an earlyan' 'There is no doubtthat today thereisa cestor ofman, he himselfdiscovered in 1984a great diversity ofhumanity on this planet," 1.6millionyearoldhuman skeleton whichhas said Mr. Leakey,' 'butthere isequally no doubt greatly expanded what is known today about that despitethe superficial differences, we are early human evolution. one and the same species, and there is now Mr. Leakey spoke ofthis discovery, of adequate scientific evidence to sustain the human origins,ofhiswork to preserve wddlife, premise thatweall shareacommonancestor. and of species survival in general this past In fact, scientists today are absolutely certain Wednesday when he lectured at ÜB. His that the birthplace ofmankind lies in East lecture was sponsored by the Buffalo chapterof A frica, and thatall men havea common ancestor. ' 'Weare onespecies, wehave one origin, Omicron Kappa Upsilon, the dentalhonorsoand ifyou excuse me, wehave one destiny," he ciety, and waspart ofthe centennial celebrationofthe School ofDental Medicine. concluded. While the lecture he was to give that Whatmakes thehuman species so unique evening had been entitled' 'Past & Future: Is is itsability to use intellect to develop culture, EvolutionTak ing aTum forthe Worse?," Mr. Mr. Ixakey explained. The increased brain Leakey refused to give a pat answer to that size seen in the fossil record is believed to be question. In fact, during his lecture Mr. Leakey linked to the species' capacity to create tools, disavowed the implication which could be drawn from the title, saying instead that "to describethe eonceptol] evolution | going wrong, or having goneright, would suggest that it is a process that is preordained, predetermined. to any discussion develop language, and adapt to its environment. Pinpointing at whatpoint in timeduring the human evolutionary process these things ... Leakey, continued on page 6 Photo: Paul Roalsvig CDOpanel discusses lawin thePublic Sector. CDO Sponsers Job Forums Practicing in the Public Sector byPaulRoalsvig, Photo Editor TheCareer Development Office ofthe UB Law School, througha variety ofservices and opportunities,continuously strives to keep the Law School community up-to-date and informedas to the variety ofjobopportunities that are available. On September 16,CDO hosted a presentation entitled "Public Practice Settings,'' withfour speakers, who were all lawyers employed in the public sector. The first speaker was Therese Rahill Wincott, ExecutiveAssistant to Erie County DistrictAttorney Kevin Dillon. She described theresponsibilities anddutiesofherposition, ... Public Sector, continued on page 3 How to Get a Job inThe Private Sector by Chris Shea Like most law students, JeffreyKatz' 86 came to dread the idea of being grilled in interviews,sending out scores ofresumes and receiving rejection letterafter rejection letter inordertofind ajob after graduation. Unlike a lot of students, however, Katz had a simple solution: He didn't interview and he didn't send out a single resume. Instead, Katz told those in attendence at a forum on "Private Sector Settings," heenteredthe world ofthe solopractioner. The forum, sponsored by theCareerDevelopment Office, was heldon September 17, ...PrivateSector, continued on page 3 HIGHLIGHTS Group Spotlight Trials Labor Speakers Visiting Law Professors 3 5 6 7 �I II I |H ,~- ■b HM| ■■ ■ — "■—~"~~~~ ■■ H| ■■!■ MIH y| njU 1 fill I II ¥Xl nITT 111 ■ Law student's discount of $200 will be deducted from the cost of $1,300 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1992. ■ H H The Pieper Course Includes: H| * * Multistate Practice * Ml C°mPlete lecture I QPPPTRT H I ° H| ■B H REGisTRAri N must fet?y writing + Multistate Professional Responsibility Exam w * Multistate Volume Wm H| B|| I * Professional Responsibility B * Afetf; }frr£ /m> K>/h/ne ' '"* " «**""* MltfJtr 3 Citli(lfln(*P For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. Smith,DavidTeske PIEPER REPS.: Deborah Barone. Jack Canzoneri,Andrew O'Brien, David ■ �Hendrick Named as New Associate Dean GROUP SPOTLIGHT will bea series featuring a different student group each issue LESBIAN, GAY, BISEXUAL LAW STUDENTS By Kevin P. Collins, News Editor The Lesbian, Gay, Bisexual Law Students (LG BLS) groupwas started in the early the conference and will discuss the state of gay rights in this country as wellas discussing the open discriminationagainst gays, lesbians and bisexuals, especially in the workplace. Justlast October, the group actively led a protest against the JAG Corps recruiting at the law school. The group filed a lawsuit two years ago. In the initial decision, thegroup won, as it was stated that the military could not recruit on campus using state money while discriminating against lesbian and gays. A Governor's Executive Order was issued to effectuate this ruling. Yet, SUNY appealed and wonan appeal which allowed the military torecruit at thelaw school. Presently, this case is pending further appeal and, combined with another case, is stillbeing fought in the courts. The LGBLS points out that the American Association ofLaw Schools hasa policy that member schools shouldnotallowemployersto recruit on campus ifthey discriminate based on sexual orientation. The SUNY Buffalo Law School is a member of this association. The group also adds that amajority oflaw schools in this country comply withthis policy. 1970sand has beenactive sporadically offand on since then.Thegroup,however,hascomeon strong from aresurgence in thelate 1980suntil the present and isnow very active. The purpose ofLGBLS is to provide a community within thelaw school-oneof friendship and support. The group performs an advocacy by taking a visablerole in classes and in extra-curricular activities through such actionsas being involved in discussions and by bringing outside speakers to the campus. The group's purpose is to make people aware of, address, and to promote lesbian, gay and bisexual legal issues and how the law affects lesbian, gayand bisexual people. LGBLS coordinates and networks with both local and national lawyers' groupsinorder to help themselvesand to broadenthe scopeand learn more on thelegal issues which touch their and all of ourlives. The group, just this year, changed its name from theLesbian and Gay Law Students Organization (LGLSO) to the present name, LGBLS, in orderto include bisexual students in thegroup. LGBLS has many goals for this year. Although National Coming OutDay is Sunday, October 11th, LGBLS will celebrate it in the law school on Tuesday, October 13th. All day on that Tuesday it will be' 'Gay Jeans Day and the group asks people to wear jeans in support of gay rights. All of the month of October, the group will have a display in the Membership inLGBLS is not limited to law library window cases dealing with many students who are lesbian, gay or bisexual- any legal aspects whichtouch theirlives, but espestudent can join.The groupmakes reference to cially on suchissues as family valuesand civd heterosexual students who jointo learn more rights. LGBLS plans to bring in speakers in on civd rights issues. Anyone interested in October. joining LGBLS may contact its President, One speaker scheduled to appear is Deborah Gottschalk, 2L, Box # 663 or its Sandra Lowe, theDirectorofthe Governor's Treasurer, Ray Welch, 3L, Box #21A. LGBLS Office ofLesbian and Gay Concerns, who meetings are usually held on Tuesdays and formerly was an attorney for LAMDA. Also anyone can come and all are invited. Law speaking willbe BarbaraKavanaugh, an attor- students may wish to join because a lot of ney forNeighborhood Legal Services. Justthis issues discussed inthegroup arenotdiscussed past summer, Barbara became oneofthe first in the classroom. women in Western New York who,as amother, TheLGBLS points to the need andreahas been allowed by thecourtsto have her and sonforhaving aNational Coming OutDay. The herlesbian partner adopt Barbara's children. group states thatthe gay, lesbian and bisexual Additionally,LGBLS wdl show, onThursday population is invisible and that the day is night, October 15th, in conjunction with coneeded to demonstrate to the entire commusponsors the LGBA (the Lesbian, Gay, Binity thatpeople you know are gay, lesbian and sexual Association, an undergraduate group) bisexual; and thatthesearepeople withwhom and the Lesbian and Gay Graduate Group, a you go to school, practice law, work for, live in movie on Harvey Milk, the San Francisco your neighborhood- people who are justlike activist who was murdered. you. The LGBLS servesasaliason to the gay, Members ofLGBLS will be attending a lesbian and bisexual community ofWestern 3-day conference in Chicago ofthe National New York. Finally, the group would like to Gay and Lesbian Law Association. The conmake everyone aware that on Sunday, April 2 5, ference is offering over 50 sessions on such 1993, there will be a march on Washington, issues as gay family law, AIDS related law, D.C. that will be a gay, lesbian and bisexual and civilrights. A liter the conference, LGBLS marchfor equalrights and one march in which will hold a student-led forum with areport from the LGBLS will take an active and vocal part. U.B. LAW YEARBOOK COMMITTEE If you are interested in joining the U.B. Law School Yearbook Staff, contact Roy Hopkins for more information. Box#l33orcall 882-2982. Professor Thomas E. Headrick has been named as Associate Dean for Academic Affairs at U.B.the School of Law. Professor/Associate Dean Headrick has been associatedwith the University ofBuffalo, SchoolofLaw since 1976, serving as Dean of the law school, Acting Dean of the Faculty of Arts and Letters, senior member of the Undergraduate CollegeFaculty, and chair of the General Assembly of the Undergraduate College. Headrick earned a bachelor' s degreein goverment from Franklin and Marshall College, a bachelor's degree in politics from Oxford University (where he was a Fulbright scholar), a law degree from Yale Universtiy, and a doctorate in political science from Stanford University. Headrick is expected to play a key role in the future of UB Law's curriculum. ... Public continued from page 3 noting that herjob was very trial oriented. A position, such as hers in the DA's office, offered a great deal ofexperience for courtroom work, and sherecommended the positionfor anyone whohad enjoyed the experiencesofMootCourtandTrialTechnique. She enjoyed her work, and found it veryinteresting,remarking that each morning orevening shiftherofficeprocessedabout 50 defendants. Most of the people in the DA s office often workthesame numberofhoursas attorneys in private practice, but that they are paid much less. The next speaker was from the Erie County Attorney's Office. Kelly Brinkworth told of the various departments of county court, and under what situations the county mightgetsued, forexampleregarding actsby the Sheriff s Department, Erie County Medical Center, Erie Community College,and any other County department or office. Heroffice consists of 16attorneys, with an additional 3 more who deal with Family Court matters. Although primarily civil in nature, the cases the County Attomey' s Officehandlealso may be criminal, for example the prosecution of juveniles in Family Court. HildaRamos then spokeabout her job as a Staff Attorney at Neighborhood Legal Services. She said that places like NLS,when selecting permanent staff, look forenthusiastic people, who are self-starters, do not need much guidance,and who areready tocommit themselves to such a career for a long term. Typically, a commitment of at least 5 years is desired, and shecautioned students to give sucha career decision a lotofthoughtbefore pursuing it. Ramos noted that NLS interviewers, usually consider less about the inclusion of Moot Court or Law Review credentials an resumes, but lookedrather at an applicant's total "life experiences" in determining whether a person was suitable for the job. Most ofNLS' funding, she claimed, came from the New york State Bar Association's lOLA(lnterestonLawyer's Accounts) fund, and although there was currently a hiring freeze, she encouraged people to work and gainexperience writing briefs and memos at NLS ona volunteer basis. With a staff that currently consistsofabout 50-60 people, NLS has divisions that specialize in disabilities, special education, and the homeless, among others! The last speaker ofthe afternoon was Mary EllenKresse, JudicialLaw Clerk to US District Court Judge Richard Arcara. A federal clerkship, she stated, involved a great deal of opinion writing. She outlined the Federal Court system in Western New York, andrhenumberclerkswhowriteopinionson virtually every kind ofcase imaginable after reviewing both sidesofan argument. In addition to being a valuable experience for those who were interested in litigating, aclerkship is simply a great opportunity for any new graduate. She also recommended to those interested in a clerkship, that they speak to existing law clerks to obtain valuable inside information, which could be useful in the hiring process. ...Private Sector, Sector, continued from page 3 featuring fouralumni speakers, each ofwhom has graduated in the past decade. The panelists told the crowd of mostly first-year students what it was like to work in a medium-sized firm, a large-sized firm, corporation in-house counsel and, a solo practionership. MarkBrand, currendy atthe 130-lawyer Buffalo law firm ofPhillips, Lytle, Hitchcock, Blame and Huber, said therearea lot ofmyths regarding large firms. "Some firms, "Brand said,' 'arenot as dog-cat-dogas people think. You still have to bill your work hours and a lawyer' sbilling sheets are scrutinized even to thepointofquestioningalawyer about l/10of anhour." However, he suggested that students should doresearch becauseall firmsare different. Brand also said that students should keep in mind that any person they come into contactwith during an interview —even someone they meet briefly in the hallway - will be evaluating them. Headvised students to try and get a feel forthe firm's' 'atmosphere" before going to the interview. Richard Gallo, AssistantGeneral Counfor sel CIGNA,advised first-year students to get their foot in the door during the summer after theirfirst year. Gallo saidstudents should also upgradetheir writing skills.''You 're really judged onyourwriting. Ifyou can't write, you' re not going anywhere,'' Gallo said. Gallo commented that oneofthe bigger benefitsofworking for a corporation include having no billing hours and being involved in a broad range oflegal areas. Mary Beth Scarello, a graduate of the class of 1991, spoke on what legal life is like at a medium-sized firm. Scarello said that whilein law school, she workedforalocal firm as a clerk for almost three years before they offeredher a jobafter graduation. Shesuggested thatlaw students should consider working for a firm during theschool year even if it's only a few hours a week. "You'llgetalotofexperiencequickly and it's thebestway to get intoamedium-sized firm," Scarello said. Katz, the only solo practioner in the group,entertained the crowd with his experiences being in business all alone. "The first week I was in practice I made zero dollars. Thatwasscary,"herevealed. "Asamatterof factthewhole first year was scary." Katz said being a solo practioner meant hedidn'thave to keepbilling hours, he didn't have to take any cases he didn't want, and unlike in a larger firm, he could have day-today contact with his clients. Most of Katz's cases concentrates on real estate and wills and estates. Katz admitted that a sole practioner was not for everyone. "It only suits certain typesofpeople," he said. Audrey Koscielniak, Directoroft 'areer Development, said she was pleased thepanelists effectively showed students what they need to do to be better candidates for jobs. However, she said, she was a little disappointed with the less-than-expected student turnout." A lotofhclpfuladvice wasgiv en out and alot ofquestionsmany studentsareprobably asking themselves were answered.'' she said. September 30,1992 The Opinion 3 �bpimonJSM" Opinion Mailbox Cody MissesThe Mark on Sammarco Article Dear Editor: Volume 33, No. 4 September 30, 1992 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch NewsEditor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy Staff Writers: Tracy Sammarco, W.F. Trezevant ( ontributors: Joseph Antenecchio, Chris Shea EDITORIAL Whose Education is it Anyway? Several years ago, the UB law faculty published an official statement regarding the manner in which students will be disciplined for intolerant and offensive behavior. There is, however, no "Student Statement for addressing the intolerant behavior on the part of faculty regarding thelaw school curriculum. Maybe itstime for students to come together and draft one. As law students, we have right to adequate legal training throughout our legal education. The problem of an inadequatelegal curriculum at UB wasraised last year regarding the questionablereform ofthe Research & Writing program. Many first year students felt inadequatelyprepared to enter the competitive job market for summer employment. Last year, IL' s did not have a single writingsampleafter their first semester in law school. Law students respondedby rallying for changeand were successful" in effecting change for the Class of 1993. We hope!! Again, this issue is on theminds of students regarding the quality of education they are receiving in the classroom. Not to say that all law faculty are in the same category(many of ÜB's faculty are highlyregarded in their respective fields), but it is apparent thatthere are members of ÜB's law faculty who are failing to provide the standard of training needed to compete in the legal profession. Currently, faculty (especially tenured professors), have extensive leeway in the content of their courses. As opposed to a concrete presentation of an area of law, professors can present their course in a purely theoretical, abstract or metaphysicalapproach. You may geta "Q" grade (Qualified) in the class, but does it mean you are qualified for the legal profession. The question is "When will students actively respond to the devaluation oftheir legal education?" Maybe it will require theembarrassment ofa student duringan interview when they are incapable ofresponding to a general area oflaw not presentedin theirclass. Maybe it will require a student who fails the bar on the first try because the first time he learned ' 'Contracts!'' was in his bar review course. It is absolutely intolerable for UB law faculty to expect a bar review course to replace the legal education to which each student is entitled. THEROAMINGPHOTOGRAPHER The Opinion EditorialBoard announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So, be prepared to smile the next time you shoot off your mouth in the hallways! Copyright 1992. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without t heexpress consent oftheEditors. The Opinion ispublished every two weeks during theFall and Spring semesters. Itis the student newspaperoftheStateUniversityofNew The views expressed in thispaper are not necessarily thoseof York at Buffalo School theFditorsorStafl'otTheOpinion. Ihe Opinion is a non-profit organization, third class postage enteredatBuffalo, NY. Editorial policy olTheOpinionis determinedby theEditors. The Opinion is funded by the SUA from Student 1 aw Fees. The ()pinion welcomes letters to the editor but reserves theright to edit for length and libelouscontent. Letters longer than three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or 1 Inited Slates Mail to The Opinion.SI JNY AH Amherst ('ampus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 orplaced in lawschool mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by theEditorial Board ofTheOpinion. 4 The Opinion September 30, 1992 John Codyappears to have missed the point of 1 racy Sammarco'sarticle. Mr. Cody offers "empirical" evidence that the female breast is a "sexual" object. He then suggests that pornography exists to glorify this biological truth. The problem with pornography is that itreduces women to their sexual features. Playboy teaches men that women arethe sumoftheirmeasurements--amessage thatisreinforced by our popular culture. There is no betterexampleofthis than "WheelofFortune," the television game show. VannaWhite, the hostess, hastwo jobresponsibilities. First, she spinsaround to display Barbie-dollproportions. Second, she stands beside "valuable merchandise" and silently points to it. The underlying message is that women are merchandise-tobe possessed and exploited. Such cultural imagery promotes the sexual and economic subjugation ofwomen. In pornography, female sexuality is depictedas subordinate and masochistic. These allegedly female attributes are closely linked to traditional notions of a woman's "place in society. Consider theRepublican National Convention, whichpromoted an agendaof "family values." After decrying the sex and violence in ourculture, Republican leaders proceeded to attack Hilary Clinton for being a "feministlawyer." They believe thatawoman'sdesireto be taken seriously is a character flaw. By extension, a decent woman aspires only to "serve her man. Mr. Cody's letter advances this very message. His ad hominem attack on feminists conveys a dangerous warning,'' shut up and be pretty,'' lest you beaccused ofbeing bitchy or sexually repressed. Like Ms. Sammarco, I believe itis important to transform our society' s viewofnudity and sexuality. Promoting the view that female nudity is natural as opposed to provocative is an important step. Ifthis viewprevailed, there would be no needto censororregulate pornography. Instead, men who are truly sexually creative (Mr. Cody' s phrase) wouldlose theirappetite for it. PaulMorenberg, 1L Dear Editor: With regard to John Cody's letter to the editor ofSeptember 15,1992, clearly Mr. Cody missedthe point. First, I don' t thinkanyone should disputethat women's breasts play a role in bothmen'sandwomen'ssexuality. Sodoesaman'schest However, under NewYork Statelaw, men were able to bare their chests in public whereas women were not, and it is this inequality to which supporters ofthe' 'top free movement object. Second, to suggest thata greater acquaintance withpornography will enlighten anyone as to the desires of sexually creative men and women is ludicrous. I fail to see how images of women being abused and degradedare in any way creative,and I certainly don't see pornography as expressive ofthedesires ofwomen orof"completely normal" men. Finally, I don't think that Ms. Sammarco was suggesting that male fantasy be eradicated, butrather that the sexual objection ofwomen be challenged. As werepeatedly hear reports of women being assaulted, raped, and very nearly killed on our campusand in our neighborhoods, as well as across the country, can it seriously be contended thatthe object i fication ofwomen isa harmless pastime, and that to object to it is''hermetic feminist ideology run amok?" Sincerely, Amy Sassenhausen,2L COMMETNARY: The Forgotten Discrimination By Deborah Thurman, 31 Twenty yearsago, I lived in Columbia, South Carolina. The' 'white"and "colored signs had been taken down from the rest-room doors and fromabove the water fountains, but the dark marks from where the signs had been hadn't yet faded. White folks didn't go into colored restaurants, and "nigras," the good ones anyway, stayed out ofthe whiterestaurants. Shandon Annex wasadisplaced persons campconstructed after theCivil War. Thewooden shacks, long overduefor fresh whitewash, werebuilt on pillars. Theclapboard wasrotting, the pillarscramblmgandthenK)fsdisintegrating. Mudwaseverywhereandgrasswasnowhere. Poor black families lived there. I worked in an office filledwithwhitepeople; the branch manager told me itwould be bad for hisbusiness if hehired ablack. One man who worked in theoffice attended church twice weekly. This fellow could quote scripturebetter than many ministers. His world was divided into two categories - people (meaning white folks) and niggers. Another fellow in theoffice was more generous: people (same, white folks), niggers and newyorkniggerjews (all residentsofNew York State, regardlessofrace orcreed). A third fellow had no categories. To him, there were just people. He told me once that niggersweren't humans. That was 20 years ago. This is 1992; we're in New York State, the land of liberal opportunity; and thisisa liberal law school. We're educated folks, all smart enough to get into law school. We're belter than those southern ignoramuses who, a century after the surrender, were still fighting the Civil War...Wanna bet? Maybe racism isn't acceptable in this law school, but an alarming number ofthe staff believe it's acceptable to ridicule the physically challenged and to ignore the state and federal laws which prohibit discriminationagainst us. An adjunct professor told me he had no idea what the Americans with Disabilities Act and Section 504 are. Both are federal statutes which prohibit discrimination against the physically challenged. I this statement was truthful, he should be fired for incompetence. If he was lying, he shouldbe disbarred. A tenured pro lessor who signed theFaculty Statement makes jokes in his Constitutional Law class about workers who have been crippled by industrial accidents which occurred in grossly unsafe workplaces Anotheradjunctprofessor laughed whenI told him that, asaphysically challenged student, I'vealways had enormous difficultygettingthe law school to providetheaccommodations 1 need. Both state and federal statutesrequire thelaw school to provide accommodations forphysically challenged students. 1 Ie asked why I didn't hire a private individual to provide the services I need. I asked why he didn't pay for it. In the twoyears I've been here, I've seen classrooms full ofpeoplerespond with instant ...Discrimination, continued on page 5 �Trials By Natalie A. Lesh I ast week, a thirty-seven year old man was executed by lethal injection in the state ofTexas. He had been on death row for almost sixteen years prior to theexecution, as aresult ofbeing convicted ofkilling two men during a 1976robbery. The man served a prison term for murder while he was a juvenile, and was released. At thattime, he told the judge that he enjoyed strangling catsand dogs. While on death row, he killed a fellow inmate, raped and beat another, stabbed two others, threw lyein theface of guard,stabbedvariousother guards, and twice set fire to his cell. Proponents of capital punishment will cite this case as a clear example of its appropriateness and necessity. Admittedly, this man was fit neither tore-enter society nor to remain wherehewas. His disregardfor life, property and law was obvious; incarceration was a futile attempt to impress upon him any such respect. Opponents ofcaptial punishment will nonetheless argue that a state's inability to effectively maintain control ofits prison inmates should notauthorizethatstate's use ofcapital punishment. I do not need such an extreme case as this one topersuade methatcapitalpunishment should bean option available to a state. I would even go so far as to suggest that it should bean optionavailable to personssentenced to life imprisonment. We wouldall agree thatany formof punishment must serveapurposein order to be justified. In the context ofourpenal sytem, I wouldargue thatthat purpose shouldbe prevention: the best penal system is one which prevents crime. That is, allpunishment should be tailored towardpreventing the convicted person, as wellas othermembers ofsociety, from committing crime. Theuse ofthe word ' 'preventing here may be somewhat misleading. By that term, I mean to suggest that the goal ofpunishment shouldbe to ensure that the convicted person will not wantto, or will not be able to, commit a further crime. Of course, if capital punishment were imposed uponevery person convicted of any crime,there would be 100%prevention. Statisticsreveal that no person who has been executed has committedanother crime. (For those ofyou who think that I am joking, see Robert Bartels,' 'Captial Punishment: The Unexamined IssueofSpecial Deterrence," 68 lowa Law Review 601 (1983).) I he otherpurposes ofpunishment make theabove scenariorepulsive to mostof us. For example, our penal system reflects society's strongsupport ofretributivism That is, the punishment must" fit" the crime; the degree ofpunishment must be proportionate to the seriousness ofthe offense. In this way, society can feel vindicated for the crime committed against it. Our society, however, does not go to the retributivist extreme oflex talionis- we do not match the punishmentand the crime by mode and manner. We do not insist upon an eyefor an eye. It is ironic that a society which generally frowns upon capital punishment also demands retribution to the extent that we do. We have dictatedmandatory prison sentences for those who commitcertaincrimes and for those whorepeatedly commit crime. We usually do this in the name ofkeeping ' 'dangerous individuals offofour streets. But thereal message is clear: we believe that such people deserve to be separated from society, regardless of the deleterious effect such a separation may have on them. Put simply, we want convicted criminals out of sight so that wecan simultaneously put them out ofmind. This is revenge in the form of temporary gratitieat ion. This entire mode of reasoning ig- Features Editor noresprevention. However, ifourpenal system is to truly benefit society as a whole, prevention must be our utmost concern- even at the expense ofretributivism. We must swallow our strong desire to blindly incarcerate people we believe are "bad" or did "wrong." Wemay still exact aprice forthe damage which the convicted person has inflicted upon society through the commission ofthe crime, but that price cannot be set in a vaccuum, without taking into account prevention. What I suggest is simple. Convictedpersons should bemade to giveback to society that which they have destroyed in committing the crime. While incarceration may sometimes be the most appropriate alternative, it usuallyrenders this an impossibility. Instead, programs should be developed whereby convicted persons can do various kinds of work. Of course, such a program would bea form ofprobation, so that if the person did notcomply, more severe sactions could be applied. Forexample.ayoungman with two small children was recently convicted of vehicular manslaughter and driving while intoxicated. He was sentenced to prison. This seems pointless to me. This man is not a danger to society, and his incarceration will serveonly tobothdeprivehis children oftheir father' spresence and deprive him ofan ability to givesomething meaningful to the community. While it is true that the victim's family has been similarly deprived, it isalso true that two wrongs will never make a right. There is no use incompounding an already unfortunate situation. This man should be made to confront what he has done by talking about itwith people andby performing some typeofservicetothecommunity. Hecangive nothing to the community while he is incarcerated. Our society, however, is not yet ready tolet go oftheneedforrevenge, and this man must therefore be incarcerated. And then there' s life imprisonment. This sentence should never be handed out unless it is meant to be just that: for life. Unfortunately, in today' ssociety persons who have been sentenced to life know that there is a chance ofparole. Life imprisonment has come to mean maybe life/maybe not life The Opinion Editorial Board announces "CROSSFIRE," a new feature to appear in each issue. CROSSFIRE will be a debate format open to all members ofthe law school community ona topic selectedby the Editorial Board and to be announced in advance of G3.ch issue CROSSFIRE Topic For October 13,1992 Publication: Issue: "School Choice." Will the proposed public funding of private schools be at the expense ofpublic education? All Submissions Due: Friday, October 9,1992 impose the death penalty arises in a similar Although capital punishment may be manner-through the recognition thataperson the most final form ofpunishment, it certainly has forfeited his or herrights to the extent that isnotthe ultimate form. To confine someone such a decision must be made forthatperson. Everything that I have just stated is to prison for life (and mean it) seems much more cruel. It is here that the opponents of contingent upon a criminal justice system capital punishment falter and succomb to the which affords tremendous protection for the retributivist theory ofpunishment: theyclaim criminal defendant. I believe that our system thatcapital punishment allows sucha person doesjustthat. The numerous procedural and an' 'easy way out ofthe situation, instead of substantive safeguards inherent in our system making them suffer each and every day in a insure that it will be a rare case in which a person iswrongfully convicted(and then only small prison cell. that through the malicious prevarications (lies. I reiterate that believe I must lies!) of witnesses for the prosecution, Bill, available onlybean capital punishment should which no system can guard). I have A never penalty. against a mandatory alternative, should faith in our system that while guilty persons person sentenced to life imprisonment that punishment may remain "free," innocent persons are beallowed tochoose between the and death. In permitting this, state would vigourously protected. It is this faith that be acknowledging that person's right as a permits, even requires, that capital punishhumanbeing totakeresponsibility for both his ment be allowed as an alternative form of or her actions and life. That state's right to punishment. imprisonment. COMMENTARY; ...Discrimination, continued frompage 4 condemnation toracist, sexist andhomophobic remarks. Such response is commendable. Racism, sexism and homophobia-all synonyms for hatred-have no place in our society. Discrimination against thephysically challenged is equally unacceptable. Thephysically challenged are v iewedas a safe target primarily because we terrify the non-challenged. We remind the non-challenged thattheirabilities are temporary. Only a fraction ofa second separates the not-yet-challenged from the challenged. The not-yet-challenged need only fall once, be in a car accident, have a single virus, to become challenged. Those ofus whoare physically challenged refuse to beasafe target any longer. Attacks on us must be greeted with the same instant condemnation as racist, sexist and homophobic remarks. We need your helpand yourvigilance to standon your own. KEEP OMJ4 . "iv ;lji i Ii '|/ I fj>rß i, T.* out, 1 Jill «Aift»Y ?#«. September 30,1992 The Opinion 5 PAGE �LABOR SPEAKERS COMETO UB N.L.R.B. Board Member De Vaney Addresses the Center forTomorrow Dan LaBotz Talks on FreeTrade Agreement byJoeAntonecchia, Staff Con tribu ter, Kevin P. Collins. News Editor by Kevin P. Collins, NewsEditor On Tuesday evening, September 22, 1992, National Labor Relations Board Member (hereinafter, theNLßßorthe Board) Dennis DeVaney spoke before over 100members Dan Laßotz spoke on labor issues on Monday, September21,1992, at theLJB Law School in an event sponsored by the Graduate tice claims has decreased in recent years, DeVaney feels that thethreat ofprosecution beforetheBoard still can serveas an effective deterrent to unfairlabor practices and a regulatoroflabor-managementworkrelations. DeVaneycentered most ofhis talk on a discussionoftheElecttomation case awaiting decision by the Board. He statedthat this is a significant case that deals with the issue of cooperative managementprograms.The union community feels that such company dominated work groups are nothing but a guise for company unions, the same evdthatpermeated in 1935andwhichwasoneofthereasonsforthe passing ofthe NLRA (which under Section 8 (a)(2)oudawscompanyunions). Themanagement community, onthe otherhand, believes thatcompanyworkgroupsshouldnotbeprohibited by thestrict language ofthe NLRA outlawing company unions, andthat suchwork groups are neededbecause ofthe vast changes in the global economy since 1935 (the date ofthe passing of the NLRA) and that the groups enable management to remain competitive. DeVaney stated the decision ofthis case wdl be out by the end ofOctoberbut warnsthat it probably will bea "split" decisionwith many separate opinions. Discussing recent Board developments, DeVaney stated thatjustthatday,for onlythe second time in its history, the NLRB used its rulemaking authority andproposedarule inthe Federal Register. The NLRB, under Section 6 oftheNLRA, has broadrulemaking authority. DeVaney is an advocate ofrulemaking, and believes thatthe 30 day comment period permits the Board to receive more substantial evidence than in a case-by-case basis. DeVaney offeredhis impressions ofwhat he believes to be current AFL-CIO priorities in laborrelations, perceiving these primarily to befocused on theNorth American FreeTrade Agreement(NAFTA) and striker protection legislation. Also, he sympathized withunion concerns over the effects of outsourcing, a practice he stated cost 75,000 jobstobelostat GMand which led to the recent Lordstown, Ohio-GM strike. DeVaney isa big believer in deferraltoarbitrationandnon-acquiescenceto the circuit courts. DeVaney most strongly believes that Congress intended and that it is best for the NLRB, and not the circuit courts, to interpret the NLRA. rights on the books but very little inreality as the government has used violence up to the point ofeven killing laboractivists. Mexican labor laws and human rights appear to be mutually exclusive terms. Laßotz recounted an event with a Ford plant in Mexico. When workersasked for more wagesand improved working conditions, theFord Motor Company closed the plant and justpaid liquidation pay which is allowed under Mexican labor law. Fordthen hired back the same workers withan inferior agreement. However, a new union leader and BoardofDirectorsreaffirmed their requests forbetter working conditions, more wagesandasafer job.InDecemberof 1989,the FordMotorCompany didnotpaythe usualyear end bonus underMexican laborlaw and awork stoppage and labor demonstrations ensued. The government and the Labor Courts did nothing. On January 7,1990, Ford sent in over 200 thugswho beat uptheunion organizersand helpers. The workers startedtopush outthe 200 thugswhen, hearing thecommotion, a worker came out ofthe lunch room to see what the matter was. The thugs shot and kdled this worker,who wasnot a unionactivist atall, but an innocent worker. Laßotz simply statedThis isMexican labor law. In Mexico, the multinational corporations go to Mexico to pay cheaper wages and reap the benefits of less worker rights. The CTM is the officialgovemmentunion, in which workers have no choice but to belong, and is controlled by the ruling party. Workers try to fight for democratic unions but there is no political democracy inMexico and thereare no free elections although, asLaßotz pointed out, the State Department of the US calls it a democracy. Laßotz states thatthe Justice of the Mexican Supreme Courtcalls the Presidenttofindoutwhat he shoulddecide inacase. To date, over 139 activists ofthe opposition party have been assassinated and Amnesty International has condemned the use oftorture. Laßotz commented that the Mexican government wantsto keep multinational corporatioas happywithlowwagesandfewerworkerrights. He told ofhow when women workers went on strike, goonsraffedthem up andwhen areporter told this, he was picked up and tortured. Finally, Laßotz stated that Mexico does not have highhealthand safety standardsand has a 2 5% Group on Human Rights Law & Policy, the Latin American Law Students Association, theInternationalLaw Society, theLatin American SolidarityCommittee of theWesternNew York Peace Center, and the Coalition forEconomic Justice. A large number ofinterested faculty members who teach law, political science and economics, as well as labor specialists,consultants and law studentscrowded into aroom to hearMr. Laßotz. Laßotz wasbom in Chicago in 1945and grew up on the Mexican border south ofSan Diego, California. Hegraduated from San Diego StateUniversity in 1967and studiedliterature at the University of California at San Diego from 1967-71. Hewasafounderofthe Teamsters fora Democratic Union. He worked as a reporter at the historic newspaper, The Chicago Defender, but wasfired thereforunion organizing andhasworked as a reporter for the Mexico City News. Laßotz hasalsoworkedas a staffperson for several unionsand community groupsand is theauthorofmany books and articles on his specialty, labor organizingand Mexico, including his latest book, Mask of Democracy: Labor Suppression in Mexico Today (Boston: South End Press, 1992). Dan Laßotz is a graduate student in the history departmentoftheUniversity ofCincinnati and a history teacher at Chatfield College in St. Martin, Ohio. Laßotz stated that NAFTA was proposed andraised by the President ofMexico in son oftheBoard. an attempt to create an economic block in In speaking on the current state ofthe North America while making capital more NLRB, DeVaney statedthat he wasappaded mobile. He stated that, in his opinion, the at the backlog ofold NLRB cases (some cases motivationof theUS government withregard lingered for up to 8 years) and that this was to NAFTA isthat the American governmentis outrageous in giving no justice to the parties trying to create an economic block to counter involved and was not serving the purposes of the new world order and the two economic the NLRA. Although DeVaney commented blocks in the rest ofthe world- theEuropean that management preferred such delays,he is blockled by Germany and the Asian blockled nowproud to report thatthereare only 5 cases by Japan. The US hopes that it, Canada and thatare 2 years old andby next Spring, no case Mexico can create a third, North American pending before the Board will be over 1 year. block, to compete internationally because itno DeVaney was highly critical ofthe apparent longer can successfully do so by itself. He management-biased and slow-coming decistated that US corporations want an internasionsofthe 1980sunder Chairperson Dotson, tionalchoice ofoperations and plant locations butstressed that unions should not feel that the in order to be more competitive while obtainNLRB is irrelevant to them in the 19905. inglower wagesand lessworkerrights. Hesaw unemploymentrate. Although the percentage ofunfairlaborpracLaßotz stated that by facing all ofthese one ofthe many dangers of NAFTA as the problems, Mexican, US andCanadian workers notionofaharmonization between all 3 counis the Leakey, science has taught mankind, Mr. Leakey said, tries resulting in a lowering ofstandards to the need to unite. The common problem international economy, multinational corpocontinuedfrom page 1 was that"there is nothing that guaranteesthe country withthe lowest one. He made referand the governments. Workers need to rations in system to the national health care ence began to take place, however, remains the survival ofany species, and there is certainly multinational corporations and the force the notion. American Canadaasanexampleofthis mystery evolutionary science seeks to solve. nothing that guarantees the survival of our corporations are lamentingthat thehealth care governments to recognize labor unions and Bipedalism, or the ability to walk upright species." creating and organizing presAtthis point in the lecture, Mr. Leakey systemin Canada is a government subsidy on human rights by nevertheless, is recognized asthe evolutionary ofthe border. He called for landmark whichseparated manfromtheline of turned to how this development impacts his an internationallevel and thatthisgives Canada sure onboth sides sees the international unions to be formedand to meet. evolutionary development he shared withthe own work. As manager of all of Kenya's a comparative advantage. Laßotz He also stated his beliefthatthereisa need for apes. While physical evidence ofbipedalism protectedwddlife areas, Mr. Leakey expressed ideaofacomparativeadvantageasanoutdated a new legal framework to enforcelabor laws. dating 4 million years ago has been found, and concern that "one can protect these areas notion. Laßotz ended with what may be a starting law, to Mexican labor With regard the evidence suggesting the use of tools has against human encroachment, but we cannot 'There is no hope, there is only organizrally:' historyby telling Laßotz summed its how up alsobeen found somewhatless farback intime, protect the areas against the inevitabdity of ing." determining from the scant fossdrecord when climatic change, and the consequence that the 1917 revolution led to expansive labor man started to develop language has proven change will have on the vegetation patterns of ?oo pools) y'rtUtA (fob Mffih fOut BSSJ6NED and the ecological balance.'' r moredifficult. lof 'WI y ,v ' Nevertheless, Mr. Leakey continues to Another thing that evolutionary scientists are certain ofis thatclimatic change has • be an spokesman for whatevolutionary science played arole in the evolutionary process, and can teach man about himselfand his world. certainly must have played arole in the devel- Since taking over as Director ofWildlife SerM l v ***?*- \ 1~% IIL iropmentofman. Overthelast lOmillionyears, vices, Leakey' s efforts inprotecting the wildLL VI II HUB Africa has had, and still has, a wide diversity lifepreserve areas havebeen so successful that ofclimates, which in turn led to a wide diverthe elephant populations have increased to the sity ofanimal species. These factors probably point where they will now have to be conled to' 'ecologicalopportunities" which would trolled. However, Mr. Leakey refuses tolisten havebenefitted a bipedal creature such as man. to those who would control the population growth by allowing elephant hunting, since Today,Mr. I eakeycontinued, man himthiswould only giveriseonce again to the ivory self is affecting the earth's climate in a catastrophic way. and thus jeopardizing his own market. Instead he advocates some form of survival as a species, as well as the survival of birth control which would allow for careful other species. Among thelhings evolutionary balancing ofthe species and the ecosystem it and other species must occupy. oftheIndustrial Relations Research Association (IRRA) for Western New York at its regular monthly meeting, held at the Centerfor Tomorrow on the Amherst Campus at SUNY Buffalo. In attendance werelawyers from both the labor and management sides, as well as laborrelation specialists, consultants, and interested UBlaw students.DeVaney holds one ofthe five positions on the NLRB, whichis the ''Supreme Court for claims under the National Labor Relations Act (NLRA). The focus ofthe IRRA meeting was: "Areexternalforces changing theability ofunionandmanagement however willing, to achieve mutual agreement along traditionallines?'' DeVaney received his undergraduate degree from the UniversityofMaryland and his law degree from Georgetown. A Reagan appointee, he is currently the only Democrat on the Board. He has earned respect withlabor, management and colleagues. DeVaney toldof how the other Democratic members ofthe Board have been defeated in reelection because ofthe National Right to Work Lobby, even though President Bush hadrenominated them. Presently, thereare 4 filledpositions on the Board with one vacant. If Clinton wins in November, within hisfirst six months he wdl have the opportunity to replace 3 outgoing Board members (each memberserves a 5 year term) and the General Counsel. It islikely that Clinton would promote DeVaney to Chairper- ... japfV /Tl *°*" s mnmk nagg^ fir [Dig 6 The Opinion September 30,1992 1 I r*r r7li «f^]^ ' �THE BUFFALO-KRAKOW CONNECTION by MichaelRadja vitch. Business Manager There aretwo new faces at UBLaw this semester, those ofvisitingProfessors Andrzej Szumanskiand Jacek Klich, botho fwhomare versifyprofessors. Professor Szumanski received a Masters ofLaw degree in 1980,after completing a Faculty members at Jagiellonian University in 150-page masterthesis andpassing the Krakow, Poland. Theyare here as participants He haslargelybeen involved inteaching since in an exchange program now in its second then, but hasalso maintained continuousconacademic year,and are teaching theEuropean tact with the private practice community. He Post-Communist Countries inTransition: Legal passed the requisite juridical exam in 1983 and Economic Aspects seminar. after working inaKrakow court for two years, Jagiellonian University, established in an experience whichalso gave him the basic 1364, is the second oldest university in Middle qualifications to beajudge in Poland, should Europe and theoldestuniversity in Poland. The he desire togo that route. Professor Szumanski law school, currently at the very top ofthe was therecipient ofaMax Plank Instituteoneranking lists, was established for thepurpose of year scholarship, has been involved in extraining Medieval lawyers and administrators change programs at Oxford and The Hague, whoweretothenhelprunthegovernment The participated inbusiness courses in Japan, and multi-discipline faculty exchange program continues to work with the Parker School of with JagiellonianLJniversity was developed Foreign and Comparative Law at Columbia. He has also been an advisor for the Foreign primarily by Steven Dunnett, Associate Provost for International Education, and John Trade Ministry in Poland for four years. He Thomas, Dean oftheUB School ofManagecompleted his Doctoral thesis and exam in ment. Both visitingpro fessors arealsoworking 1986 and is currently working on the thesis necessary to become a Habilitated Ph.D., the on a student exchangeprogram, whichis cureducationalrequirement to become a full Prorently in the developmental stage. Professor Szumanski is an Assistant fessor in Poland. Professor of Law, as well as the Chair of Professor Klich is an Assistant ProfesBusinessLaw, at Jagiellonian University. His sor at the Jagiellonian University Institute of interestsinclude the areas ofbusiness organi- Economics, where he hasbeen teaching since zation, securities, and comparative law as it 1982. He is particularly interested in therole relates to the business systems and civil law ofsmall businesses withintheU.S. economy structure in Eastern Europe. Professor and the tools used by the Federal and State Szumanskialso servesas a consultant for one governments in orderto promoteand protect ofthe "older" law firms in Krakow, a firm such businesses. It is veryimportant, from a established in 1990;law firms in Polandhave Polish perspective, to discover ho w oursystem been set up only very recently, with Polish works because a similar model for use in scholars beginning to doso in 1989. He feels Poland must be developed in the near future. that sharing his time between academia and Professor Klich stressed that this is the only practice is quite beneficial for his academic waytocreateaFreeMarketEconomy. Healso career as it provides him with much more works as aconsultant fortheKrakowbranchof practical experience thathe is able to share in a private consulting firm and has close ties a classroom setting. He added that such a withtheKrakowIndustrial Society,an organipractical approach is particularly useful in zation ofthe owners ofprivate businesses in Poland because thecivil law systemwas origi- Krakow which servesas alobbying group for the development of small businesses in Ponally developed, albeit indirectly, by universities. The statutory laws were written by a land. governmentcomprised predominately ofuniProfessor Klich, who completed his exam. Ph.D. in 1988, is try ing to establish abusiness school at Jagiellonian University. In striving toward this goal,he is working on thetransition fromeconomicsto business, specifically strategic management, because he believes Poles are generally lacking in management skills and thattherole ofa good manager will be of the utmost importance in the very near future. He has already developed an introduction to business course and is currently preparing an introduction to management course. Pro fessor Klich also has close links withthe School of Public Health at Jagiellonian University and will beteaching managementrelated subjects upon his return to Poland this winter. When asked to compare Polish and American students, bothprofessorsresponded by describing Polish students as much more passive andreserved. They saidthat American students were more at ease and not afraid of interrupting in order to ask questions, a situation which they bothseemed to prefer. Professor Klich statedthatAmerican studentsinter- estedin a fieldare "greedy" forknowledge, in a very positive way, and seems to think this is due to the fact that our education is more ofan investment for usthan for Polish students. He added that there is less incentive in Poland because all students aretreated the sameby the economy; theyall endup unemployed. Working here in Buffalo has givenProfessors Szumanski andKlich a chance to analyze American law, come to a better understandingofAmerican attorneysandtheirmethodology, and theopportunity to workwithmore extensive andcomputerized library facilities. However, the exchange has definitelybeen a twc-waystreet. Both men have givenas many practical examples to their students as they canandhave conveyed as much informationas possible. They have also made it clear that Poland is waiting forAmerican investors, and thatthe currentrole ofEastern European lawyers is primarily that ofinventors ofinnovative solutionsforproblemswhichhave never before been faced. HAITIAN REFUGEE TASK FORCE The Asylum and Refugee Legal Clinicis forming a task force to address the legal needs ofHaitianrefugees thatare resettling inthe Buffalo area. Students are needed to interview clients and help prepare asylum applications and affidavits that will be forwarded to volunteerattorneys. This task force ispartofa national program sponsoredby theNational Immigration Projectofthe National Lawyers Guild. Lawstudents who are willing to go to Miami for two weeks over intersession and Spring break wdl assist Haitians who have been "screened in" from Guantanamo Bay orheldindetention. Advocates will help prepare asylum applications, or prepare clients for interviews or hearings. Some financial assistance may be available to cover travel; room and board will be provided. Obviously, students wishing to take part in the Miamiprogram would benefit by participating in the task force here. Students will be expected to work withone client, interviewing forapproximately six to eight hoursoverseveral meetings, preparinga draft application and affidavit, andresearching fordocumentary evidence which supports the client's story. A training meeting is tentatively scheduled for Monday, October 12thfrom 7to 9 pm. Interested students cancontact Bonny Buder (Box 62 5), Laura Vasquez (Box 822), SaraHewitt (Box 679), or leave a note forKaren Spencer in the Clinic, Room 507. MPRE LECTURE PRESENTED BY STANLEY B. CHESS, Review BAR/BRI Bar President, * More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). LWtkVliXfltl BAR REVIEW 1500 Broadway. New York, NY 10036 (212) 719 0200 • (800) 472 8899 • (201) 623-3363 (203) 724 3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931. Boston. MA 02116 (617) 695 9955 • (800) 866-7277 FAX: (617) 695-9386 • • • ESQ. jAT _ fttiWdlfN mmmmmmmmm^mmmMmmmkmma Date: H1 » fj f*p wI % \1 ma. Tl xIUHk I f)Url * 2. PIA ■* "*-, |0 Q) _________— |\OO*A ■■■■■■■■■■■■■■■■■■■■■■■■■i^i^M September 30,1992 The Opinion _^^_^__^__^^^__^__^ 7 �J (21)79-02 Indivualze ReMvPiRwE Clinc™ BAR/BI BAR/BI Atorney moMnerio Min-Revw Comprehnsiv, Coverage BAR/BI MMultisae odel 250 Grade answAenrciuor c o u r s e York's V o l u m e E s a y s M u l t i s a e E s a y s — M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing Concise Multisae includes: O u t l i n e s Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: GPiillbhoeplrt review recive: When (203)74-910 Reviw (Regular Miler (Regular (Regu|ar $t1ui9o5n.:)courseDISCOUNT register ■ ■ ■ ■ ■ ■ ■ than Essay ■ & New York, _ NY Bar Course FAX: (212) 719-421 The 19 3 BAR/ I Reviw ■ FRE The FRE TneThQ Multisae + t$75.ui on:)CPLR tui on: $325.)Exam Min-Revw 19 5j Ne„Mmw YorVnrkf , EssC,aeMyI BAR/B ■ ■ sl|dent Workshop Law of and ■ „ You a bar (Your $200 J. tui on. the off $1395 For just of B A R / l ' s t h o u s a n d e x p e r t s your audiotape BAR/ I c o u r s e l e c t u r s . BAR/ I studentvideotape lectur s can was BAR/ I directly. are. go d," exam BAR/ l's students repsntaive, sampling rave trie i d e a t h e law, for f r e e ask write the the REVIW first or return, stop time, you on e x p e r t s l e c t u r s a b o u t yourself typical on are the for a of you'l by the of the this bar find out is and In e„nro| YorNewk you bar \fcakreview the for ffatcourse. BAR/B I —^ 11 f "I or to REVIW </ q u a l i t y e x p e r t s Ev e r y l e c t u r i n g . h o w had displayBAR/ I your com ent. no on year, our BAR you y AdvafntHltoge earful. tablecourse, own goodNow, and BAR Bar ■ all $ an Largest Personalizd The get Nation's Most BAR The on With ■ ■ & All and ■ More New New NewExpert than York York York 100 Topics All & A New ■ Mo r e With Q / Belivng HearinBgAR/ I With wr \ \ v � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2325a4ea8a8af19651a8f3b69672eb9f.pdf 943dd7b4b6db53a9bbbe75362dc6b1d7 PDF Text Text Volume 33, N0.5 TO HE PINION STATE UNIVERITY OF NEWYORKAT BUFFALO SCHOOLOF LAW October 14,1992 Exiled Scientist Discusses Political Repression by VitoA. Roman,i, Editor-in-Chief While taking asylum in the American Embassy in Beijing following the Tiananmen Squareuprisingsin 1989,Professor Fang Lizhi continued his research in astrophysics and submitted for publication an articleonhis "smalluniverse" theory. Thefirst footnote in the article asked readers to direct any inquiries to the author's temporary address,the embassy. When the StateDepartmentgotwind ofthis, they quickly asked Professor Lizhi to drop the reference, since it would hurt their negotiations to get him out of China. He complied and some months later the article was published in a scientific journal in Italy. This time it directed all inquiries to a Rome address. Rumorssoon followed thattheoutspoken critic of the Chinese political system would be takingrefuge in Italy. Ofcourse, no such thing happened. Instead,the American governmentwasable to arrange for therelease ofProfessor Lizhi and his wife tothe United States. Today he teaches astrophysics at the University ofArizona at Tucson and continues his strugglefor human rights in China. While in China, however, he was often in trouble with the authorities for his views. Althoughhewas consideredthe nation's leading astrophysicist,he wasalso an outspo- ken advocate for democratic reform. In fact, Professor Lizhi is creditedwithproviding the spark which led to the Tiananmen Square uprisings inthe Spring of 1989after writinga personal appeal to Deng Xiaoping, the leader oftheChineseCommunistParty,asking forthe release ofallpolitical prisoners. Prior to this, Professor Lizhi had already been expelled from the Communist Party for encouraging studentactivism, and had been prohibited from traveling abroad, speaking to foreign journalists, or of writing on political matters. Since hisarrival inthe US, Professor Lizhi founded and now serves as directorof '' Human Rights in China," aNew York based organization. He has alsoreceived the JohnF. Kennedy Award for Human Rights, has recently written a book entitled Bringing Down the GreatWall: Writings on Science, Culture and Democracy in China, and continues to speak out on the subject ofhumanrights. Speaking this past Saturday at the Buffalo Hilton, Professor Lizhi explained that simply saying "humanrights" in China was dangerous. His lecture, which was entitled ''Science andPolitics in China,'' attempted to explain how science in China hasalways been at the mercy of its political leaders. To illustrateliispoint,Professor Lizhi useda seriesoftransparencies. One depicted SBA President Receives Academic Awards bySaultanH. Baptiste, jManaging Editor Student BarAssociationPresident William F. Trezevant accepted a double honor last week when he wasawarded the John L. Hargrave Legal Scholarship for Academic Excellence andwas selectedas the recipient of the Phillips, Lytle, Hitchcock, Blame & Huber Scholarship. TheJohnL. Hargrave Scholarship was awarded by theErie County Minority Bar Association at their 10th Annual Awards Dinner, held in the Grand Ballroom ofthe Hyatt Regency in downtown Buffalo. The award's namesake, John L. Hargrave, wasknown for openingthe first Black law firm in Buffalo, his substantial work in the Black community and his concern for the advancement of minority attorneys in the legal profession. The award was given in recognition ofhis strong academic performance, significant contribution to law school activities, and commitment to the advancement ofminorities in the legal profession. In his acceptance speech, Trezevant stated that he was honored for being considered for the award, but was mindful that the Hargrave Award carried a duty toreach back and helpothers through the oftendifficult law school experience. As athird yearlaw student, Trezevant said that such an award "isa reminder that no one achieves any level ofrecognition without remembering those who came before and opened doors of opportunity." He concluded withthe observation,' 'Wehave come far in theadvancement ofwomen and minorities in thelegal profession, butmore still needs to be done.'' Trezevant wasone ofthree honor- William F. Trezevant ees whichincludedMrs. Constanceß. Eve, wife of State Assembly Speaker Arthur Eve, who won the Community Service Award, and Mr. John V. Elmore, whoreceived theLegal Service Award. Trezevant also received one of two Phillips, Lytle Scholarships, which included a $2,500.00 cash award. Second year law student, Kedra L. Burgos, was distinguished with the second year law studentaward. Established last year by the law firm to reach out to the Buffalo community, the scholarship is designedto encourage minority law students to remain and practice in WesternNew York. The scholarship wasawarded to a minority or disadvantaged student who showed strong academic performance and commitment to remain in WesternNew Yorkafter graduation. Dissident astrophysicist Lizhi explains why science is at the mercy of politics in China. a time-line showing how over two thousand years before the development ofmodern astronomy Chinese emperors constantly used astronomers to predict thefutureand create the calendars which would make them appear omniscienttotheirsubjects: Anotherdepicted howwhen theintroductionofmodem astronomy inthe 17th century threatened their traditional power overthese calendars, the early modern astronomers were simply put to death. Professor Lizhi claims that modern communist Chinais no different Thecommunist government embraced science only for what it could givethem, namely, technology whichcould beusedto buildweapons to defend the nation. However, the same government abhorred theby-productofthe scientificpro...Scientist, continued onpage 8 Faculty Alters Policy on Dropping Courses One ofthe items on the agenda oflast month's Faculty meeting wasthe policy on dropping courses, specifically the issue of students dropping courses late in the semester. Such late dropshaveapparently caused pastproblems for instructors who have structuredtheircourses around active student participation. Students who drop such courses late in the semester, oreven mid-semester, cause problems not onlyfor the professor, butalso for the other studentswho had beenrelying onactive inputfrom everyone involved in the course. In order to prevent therecurrence of such problems, the Academic Policy and Program Committee recommended the following policy: Policy on Dropping Courses SomeLaw School courses are structured to include work assignments such as c lass presentations or simulations thatrequire extensive student participation to make the educational process effective. In such courses, late course "drops" can be extremely disruptive. To minimize such disruptions an instructor may designate a course as permitting' 'NoDrops After Drop-Add period.'' This designation should be communicated to students, in writing, no laterthan one weekafterthe start ofclasses (and preferably would be included in the course description). When a course is designatedas "No Drop AfterDrop-Add,'' a student mayresign from the course with an R grade after the last day ofDrop-Add only with the permission of a designated Law School administrator, upon showing ofcompelling circumstances. Otherwise, the student willreceivea grade based onthe instructor'sevaluation ofhis orher work in the course. The Faculty, without discussion of any sort, unanimously passed this recommended policy. The fact that this issue was not discussed, yet received unanimous approval, seems to indicate that the issue had been all but settled during the past academic year. Before the Spring semester the Faculty unilaterally, and without warningthe students, passed a similar policy. That policy was to be in effect for the Spring, 1992 semester, however, the Student Bar Association (SBA) successfully challenged the Faculty's unilateral decision. This challenge evidently forced the Faculty to rethink their decision-making actions and allow at least minimal student input, thereby according the student body with some ofthe respect it deserves. HIGHLIGHTS Group Spotlight Editorials & Commentaries Practicing Criminal Law From the Balcony Seats 3 4-5 8 10 �I ° REGisTRAri N must II ■ ■ The Pieper Course Includes: ——————————————— —>�* W7TJT THE J**- a|hjaha fii |iil|lo H[ m ■■■■ I * Complete lecture * Multistate Practice and Exam writing + Multistate Professional MIH H| H |H WM I CPPPTHT """ fil * Multistate Volume I H |I¥CP 1111 111 Professi°™l Responsibility H ■ UA Responsibility Exam ljlfllj I Law student's discount of $200 will be deducted from the cost of $1,300 for any student still in law school who registers lor the Pieper New York Multistate Bar Review Course by November I. 1992. ■ ■ * P//k H lohn mPipripr\ »i///i/i o uxyiut /ri CJfIQQ ClllifinnCP UUIUUHI.C i#*-Vy«UOO For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ■ The Bar Course That Cares. i^H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 Smith,DavidTeske PIEPER REPS.: Deborah Barone,JackCanzoneri,AndrewO'Brien,David �THE PRISON TASK byKevin P. Collins, NewsEditor The Prison Task Force (PTF) was startedfifteen yearsago in 1977byagroupof law students in the University at Buffalo Chapter of the National Lawyer's Guild (NLG).Manyofthose law students,whohave long since graduated, stillworkandareaffiliated withthe NLG. ThepurposeofthePTF today isthe same as its original purpose: to teach inmates how to use alaw library. The PTF serves to familiarize inmates with the form and substance of legal research and writing. The PTF prepares inmates for the DepartmentofCorrections(DOC) LawClerk Exam, which allows them to become a law clerk, oneofthehighestpaying jobs inprison. Asalaw clerk, an inmate can work on his or Visiting Professor Brings Diverse Background to UB Law FORCE An average lesson isabout afivehour time commitment. Law students leave at 5:00p.m. andtakeonehourtogettotheprison, stoppingalong the wayfordinner,affording them a great opportunity to socialize and meet with each other. Class usually takes around two to two-and-a-halfhours. By the timethelaw students return home, it isnearly 10:00p.m. ThePTF isan eight(8) lesson course: (1) an introduction to the legal system and how to briefa case; (2) statutes; (3) Court Reporters; (4) encyclopedias and digests; (5) Shepards; (6) legal argumentation; (7) Article 78s; and, (8) a review and exampreparation. byMichaelRadjavitch, iBusiness Manager Professor Catherine Tinker, visiting New from YorkUniversity SchoolofLaw, is currently teaching United Nations Law and International Environmental Law hereat UB Law. ProfessorTinkerhasalsotaughtcourses in Criminal Law and International Business Transactions, and willbe teaching WhiteCollarCrime in the Spring. She is here primarily dueto the effortsofProfessor VirginiaLeary, andhasalreadycontributed significantly tothe law school community. ProfessorTinker gave apresentationonthesubjectofEnvironmental Rightsas Human Rightson October 1,and has also organized a speaker series. The first two speakers of this series were Susan Tanner, attorney and Executive Director ofFriends of the Earth, and Andras Vamos Goldman, an attorney from theCanadian Embassy in Washington, D.C, both ofwhomProfessor Tinker i metthroughherworkwiththeUnitedNations ' GROUP SPOTLIGHT will bea series featuring a different student group each issue herown cases and appeals, as wellas thoseof Next semester, the PTF plans to go otherinmates. back to Attica,the infamous New York State A secondary purposeofthe PTF is to maximum security, all-male prison. Last enable law students to visit a correctional semester, the PTF was able to take its profacility and to meet and interact with the gram to Attica for the first time. This was inmates. It isa good learning experience for the first such program to be allowed into bothfuture public defenders and districtat- Attica since the riot in 1971. The PTF also torneys, as it offers a strong exposure to the plans to teach in a women's prison next realistic effects ofthe criminallaws. In rum, semester as well. inmates teachlaw studentsaboutprisoners' Law students who wishto join die PTF rights issues, as well as about the impact of may sign uponthelistoutsidetheSßAoffice. substantive and procedural law on their daily The PTF is teaching in lives, and what types of legal action and semester: on Tuesdays, three prisons this the PTF goes to assistance they consider effective. Collins, a medium security,all-male prison ConferenceonEnvironmentandDevelopment (UNCED). Professor Tinker added that she wanted to start a speaker series that would bring in interesting international lawyers who were actively involved with the' 'new thinking" on environmental and developmental issues. Shebringsaverydiversebackgroundto theUßSchoolofLaw. Professor Tinker hasa B.A. in History and an M.A. in English and Comparative Literature. After receiving her J.D. from the GeorgeWashington University National Law Center, sheworkedasaprosecui tor fora number ofyears, conducted independent research in Brazil for a year, and also clerked and servedas the Senior StaffAttorney forthePro SeOffice oftheU.S.DistrictCourt fortheSouthernDistrictofNewYork. ProfessorTinker thenreturned totheacademic world and completed an InternationalLegal Studies LL-M. atNew YorkUniversity SchoolofLaw in 1989. In addition to her practicalexperience, Professor Tinker hasalso published anumber ofacademic works, including "EnvironmentalPlanetManagementby the United Nations: An Idea WhoseTime HasNotYet Come?,'' an articleused by anumber oflaw professorsas assigned reading. She also presented two papers at the Earth Summit in Rio which are currently being published in English, Portuguese and French. Additionally, Professor Tinker hasgivennumerous lectures on international legal issues, most notably a paperrecently presented to the United Nations on , VisitingProfessor Catherine Tinker Photo: Pail Roalsvig "The Changing Role ofthe U.N. Secretary General." Currently, ProfessorTinkeris finalizing awork forthe TennesseeLaw Review entitled ' 'Environmental Security in the United Nations: AMatterforthe Security Council?" She is also the current Literature Editor for the YEARBOOKOFiNTERNATIONALENVIRONMENTAL LAW. As such, sheand her Research Assistants, Ron Olson and Sharon Nosenchuck, are working onan international bibliography which is to include everything published on international environmental law in 1992. Additionally, Catherine Tinker has just been appointed a Commissioner on the Environmental Law Commission oftheWorld ConservationUnion (lUCN), an international Non-Governmental Organization developing world conservationstrategies. Pro fessor Tinker concluded by stating that she likesthe wide-rangingresearch interests of the UB Law Faculty, especially in connecting international and environmental issues, and she enjoys the lively discussions withstudents who seem very aware ofworld events. She is also getting something more substantive out of her visitwith the UB Law community: being located on the Canadian border in the yearofthe NorthAmericanFree Trade Agreement, the chance to learn more aboutthe GreatLakes as apotential model for thedevelopment ofinternational environmentallaw, and the opportunity to work closely withVirginiaLeary, the GenevaFord Foundation intern program andthe interns themselves. THEROAMINGPHOTOGRAPHER Dedicated PTF members gather in preparationfor a visit to a correctionalfacility. Photo: Paul Roalsvig ThePTF servesa vitalfunction in that afteraperson isconvicted andhasexhausted oneappeal, the right to an attorney ceases. There is no constitutionalright toan attorney beyond this point. The effect ofthis is felt moststrongly by indigentinmates who cannotafford continuing legal representation. These indigent inmates are then forced to workpro se on theirappeals and other legal problems. Howdoes thePTF work?Tento fifteen law students go to prison each class. Once cleared by security, thelaw students proceed to the prison law library. There, usually around twenty-five to thirty inmates take part in the class. Onelaw studentteaches the lesson, usuallya 2L ora 3L whohas experience inthe PTF. Thislesson usually lasts for about one hourand isfolio wedby a questionand-answersession. The second part ofthe lesson,whichalsousually lasts forone hour, is the small group exercises. Here, two to threelaw studentsare grouped with five to (Coordinatorsare 3LScotFisher,Box # 88and 3L ScottRudnick, Box # 225);0nThursdays, thePTF goes to Wyoming, amcdium security, all-male prison (Coordinators are 3L Rob Cheng, Box#4l and2LKathiWestcott,Box# 835); and, on Saturdays, the PTF goes to Groveland, amedium security,all-maleprison (Coordinators are2LSharon Nosenchuck, Box # 734and2LCeline Rodriguez, Box # 763). It is not too late to join the PTF. All lessons areon reserve inthelaw schoollibraryjustask for the PTF Manual under Professor Phillips' name. Copies ofthePTF Manualare also available in theNLG office, Room # 118. Any general questions can be directed to 3L RobCheng,Box#4l. The PTF isa student-created, studentinitiatedand student-run group. Itis one ofthe most active student groups andhas one ofthe largest number of active student members. Traditionally, 1Ls are very active in the PTF andarehighly encouragedtojointhe group and get involved. The Opinion EditorialBoard announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So, be prepared to smile the next time you shoot off your mouth in the hallways! Engel Named Director of Law and Social Policy Center Professor David Engelhas been namedthe new Director ofthe Baldy Center ofLaw and Social Policy. He has agreedto servea threeyearrenewableterminthe position. Engel has been affiliated with the Baldy Center and is an active participant in theLaw and Social Policy Association. Amajor goalthe Baldy Center in the coming years will be to helpparticipating faculty to findand secure externalresearch support. It is hoped that emphasis in this area will bring nationalrecognition to the Baldy Center. seven inmates. October 14,1992 The Opinion 3 �OPINION IBH" October 14,1992 Volume 33, No. 5 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy StaffWriters: Tracy D. Sammarco, W.F. Trezevant Contributors: AndrewKehrer, Bob Garnsey,Bob Gormley EDITORIALS Parroting Perot When money talks, who listens? Orrather, who willbe listening towhat Perot had to say once hehas lost the presidential election? Neither PAC, foreign lobbyist, nor special interest money put H. Ross Perot on thepresidentialballot. Hisown money did. As such, he owes allegiance to nooneandcan getawaywith sayingwhateverhewants. Clearly, much ofwhat he has to say people wantto hear. Perot'spresence in Sunday 'spresidentialcandidate debateindicatesthat a large segment ofthe population haslost faith in the twoparty system's ability to offerarealchoice. Presidentßush and GovemorClinton, forced to acknowledge Perot's presence on the stage, did not dareattack him, but instead were each relegated to usingPerot's views against theother. Each, at moments, tried to soundPerot-like. But regardless ofhowmuch money Perot spends promulgating his ideas, they will probably die unless he is elected, which is not very likely. So the question remains, will his ideas get more than lip service after the election? Perot'sverycandidacyprovidesachallengetowhomeverwinstheelection. He claims thathe would immediately implement aplan upon his election, and would not wait one hundred days untilthe inauguration. Bush orClinton should be heldaccountable tothis standard. Make no mistake Perot and his ideas will eventually be forgotten by the next President ofthe United States. However, his ghost will haunt future administrations. Whowill beable to restrain themselves from thinking, "What if...?" - Threats from Administration JeffBlum's lawsuit against thelaw school is news, sometimes. When the editors ofThe Opinion feel new developments in the lawsuitmerit coverage, we will coverthem. Although two writers at The Spectrum seem to have launched their journalistic careerson Blum's lawsuit, we at The Opinion have seen no reason to add to the information we have already provided on the subject. Nevertheless, newlyappointed Dean ofAcademic AffairsThomasHeadrick thought it necessary to give The Opinion editors some "friendly" advice. He advised the editors ofThe Opinion that should we consider publishing any "Blum lawsuit material, we should first consult witha lawyer orrisk being joined as defendants in a libel action. This so-calledadvice is really an idle, yet insulting, threat. Despite the obviousobstaclestheadministrationwouldhavetoovercome in ordertoprove thatThe Opinion engaged in any libelous conduct, they would find themselves suing themselves, sinceThe Opinionispart oftheState University. And, ifthey were to sue theeditors individually, they would be chasing shallowpockets. The threat also implies thatthe editors ofThe Opinion are not careful in selecting whicharticles will be printed. To the contrary, this is a responsibility we take very seriously. As future lawyers, we are well aware oftheconsequences ofpublishing libelous material. It is unfortunate that our administration does not have sufficient trust orrespect for our newspaper to feel that they can leave these decisions to theeditors. In the event thatThe Opinion should find itselfon the responding side of a libel action, perhapsHeadrick and theLaw School Administrationcould suggest a good First Amendmentprofessor with some free time on hishands.... Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited without theexpressconsentofthe Editors. TheOjnnion.is published everytwo weeks during theFall andSpring semesters. Itis thestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. Theviews expressed inthispaper are notnecessarily thoseof theEditors or StaffofTheOpinion. The Opinionisa non-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinion is funded by theSBA fromStudentLaw Fees. The Opinionwelcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthreetyped doublespaced pages will be editedfor length. Please do not put anything you wishprinted under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 645-2147 orplaced in lawschool mailboxes 223 or 611. Deadlines for the semesterare theFriday before publication. The ideas expressedin the "Letters to the Editor" and on the commentary page are notnecessarily endorsed by the EditorialBoard ofTheOpinion. 4 The Opinion October 14,1992 Opinion Mailbox A Time for Sex-positivism To theEditor: Mr.Morenberg, in his letter tothe editor,concludes that oncewe promote the view that female nudity isnatural as opposed toprovocative we are making the first step toward theeradicationofpornography asthe toolforthesexualand economic subjugationofwomen." There is a dangerous connotationimplicit inthis argument; women's sexuality is somehow destructive. It isthis exact viewthatkeeps women hidden behind the veil for fear thatthey may "tempt" aman withtheir"sexuality." The implication? Oncewomen bare theirbreasts and society sees themas nothing more than' 'natural,'' we won't be excited anymore. This dichotomy (natural/erotic) isjustlike the good girl/bad girlrhetoric feminists have grown tired ofa long time ago. An appetite for eroticism ishealthy and the assumption thatonce female sexuality is "naturalized" we lose erotic interest is just as insulting as viewing women asonly "sexualobjects." We need to explore the ways in which women have begun to challenge patriarchal assumptions about desire,andhowwehave started tocreate ourown visionsoferotica sothat wecan define forourselves what gives us pleasure. It is time for women to create a sex-positive spirit (sex-positivism) and use the ambiguity between pleasure andoppression as a toolto examineand celebrate howwomen experience sexual desire, fantasy and action. It is after this spirit is celebrated, not ' 'naturalization," as Mr. Morenberg states, that we lose the need to ' 'censor or regulate pornography. Leslie Pearlman, 1L Lavish Praise forThinking the Unthinkable To the Editor: In' "Thinking the Unthinkable About theRodney King Case: Was the JuryRight," AndrewKehrer presents alucid andinsightful response to theknee-jerk politically correct cries ofjuryracism. AsMr. Kehrer asserts, the nation was shocked by the violentnature ofthe videotape, showing Mr. King beingbeaten repeatedly byan all white group ofpolicemen. The footage conjured images andemotions ofanuglyeraofhistory inthe American south,where thousands ofinnocent blacks werelynched to the joyofacheeringmob. Contrary to the hyperbolicclaims ofthe Reverend Jesse Jackson, himselfananti-Semite, andothers ofnis political ilk, this was no lynch mob! Mr. King wasgiventhe sobriquetof a' 'motorist by media luminaries such as TedKoppell, whoconducted several ofhisNightline episodes live onthe streets ofLos Angeles, interviewing the oppressed gang memberswho weretaking a breakfrom burning down their own neighborhood, murdering other blacks, savagely beating whites driving through their"turf' and looting and pillagingKorean merchants. Mr.Koppellaskedoneof the men why he hadatear drop tattooedunder his eye. The gang memberproudly confessed that whenhe was in prison, it was a custom for an inmate convicted ofmurder to have this tattoo. Thegang member went on to saythathe contributed to the killing ofa journalistand gloatedthathe served amere 8 years in prison. The compassionate soul, Mr. Koppell with his bleeding heart, wenton to call the gangmember an eloquentyoung man and toplace his arm around his shoulder in solidarity with this gangster who was only expressing civil disobedience duringthe war onthe streets ofSouth Central L. A. andKoreatown. This same distortedhalftruthreasoning was employed by hammering the euphemism ofßodneyKing the "motorist" intothemindsofmainstreamAmericans. Ifallmotorists drovelike Rodney King, whoas Mr. Kehrer points out led the police "on an eight mile, 100mphchase down the ...Letters, continued onpage 10 A Letter to SBA President Bil Trezevant I have been informed that atarecent Student BarAssociationmeeting discussion was entered intoregarding removing me from the Academic Standards & Standing Faculty- Student Committee formy espousal ofan unpopular political viewpoint—in essence, that pornography isa goodratherthan an evil. I also notetherecent cancellation ofaU appointments to suchcommittees pending greaternoticeand interview procedures. Ibelievethatyouoweadutytothe law school commumty toreaffirmthattherewill beno ideologicallitmus test forthose seekingappo intmenttoaconimittee.andafurtherduty to identify those McCarthy-ite S.B.A. members seeking to stifle academic debate in this manner. It isbeyond the pale that in alaw school, ofall places, the clash ofideas may be silenced by those abusing theirpositions oftemporary authority. In the interest of service to the law school, consistent with my libertarian/ volunteerismphilosophy, I haveparticipated intheFundraising Phonathon; become amentor toafirst-yearstudentthroughA.W.L.S.;pledged funds to BPILP; volunteered toassist with thefirst-yearresearch and writingprogram;and devotedtime to two SBAfaculty-student committees,agreeing as a time-limited freshman last year to serve ona second committee againstmy original wishes onlyafter being begged to dosoby SBA memberswhocouldn't findenoughvolunteers. I servedadmirably on the ASSC committee, attending all meetings (which were heldfrequently and at inconvenient times)and reporting back to SBA after eachmeeting as required. How many othercommittee appointees can claim the same? Seeking to faithfully represent the student body, I agonized over ourmany difficult decisions, including one in particular thathaunted me for weeks. Dean Filvaroff, Dean Albert,my wife,and any other faculty, administration or student members ofthatcommittee can confirm all ofthis. I asked to serve on thatcommittee again this year for completely selfless reasons. I already have ajob for next summer, and have no need to further padmy resume. I thought that the committee needed continuity in order to bring to fruition some ofits attempts at devisingconsistent standards, as I explained in my originalapplication to the SBA this year. To thinkthat aftermyre-appointmentofSeptember2o,l992,l should havetoreapply in an atmosphere ofSBA hostility is like a slap in the face after my service to your organization. Will myapplication be turned down byone ofyourpolitically correct minions? Will some ideologue beadvised to' 'run against me soas to close me out? I votedforyou insteadof for MikeRadjavitch lastyearbecauseofyour campaign promise to try to bring together the law school's disparate factions. Will you fulfill that promise, or will you allow the imposition ofan overt or covert ideological litmus test for committee appointments? It's your call. JohnCody,2L �COMMENTARY: Trials By NatalieA. Lesh It is unfortunateand ironic that it usually takes tragedy to make people put theirlivesinto perspective. Thetragedy last Monday morning, when four people were killed on their way to work, served as a catalyst for me in thisregard. I am sure that it had a similar effect upon others as well. The random and senselss nature ofsuch an occurrence is especially disturbing. The realization ofone's ownvulnerability is inescapable. And unnerving. The natural response when confronted with this sense ofillogical disconnectedness is to engage inan intensivestudy ofone's own life. This may involve a thoroughretrospectiveoradaringprospective. It may involve both. But it will happen. They strolled along the deserted dock,glovedhandinglovedhand. Thefallair threw bursts of ice against their exposed faces. The stars shone in a brilliant and striking contrast to the clear, midnight sky. As they neared the edge, the sound ofthe waves slappingagainst theaged woodrose fromawhispertoarhythmic chorus. They sat at theveryencLhuddled together forwarrnth, feet dangling above an invisible sheet of water. He told her about the time he had similarly dangled his feet, and had almost hadthembittenoffbyahungryalligator. His eyes widenedas he described howhisfather had sprinted to him from the opposite end of the pier, lifting him to safety at the crucial moment Those who hesitate to look forward will ultimately settle upon a survey of memory. They will recall both the most wonderful and themost painful experiences in theirlives. Thisreview, however similar in nature, will be done for many reasons. Many people remember for the purpose of capturing yesterday in an indelible portrait, tobetaken outandcherished again andagain. Many people remember for the purpose of determiningwhenthey could have, orshould have, chosen a different path. Still others remember forthepurposeof forgetting. Thereinpoured fiercely downupon them. Each cold drop struck its target with force and determination. They were both coveredwithalayerofsofLbrownmud. She wiped the hairaway from her faceand made contact with the ball. With a deep groan,he doye tothe right,catching theballandpulling ittightly to his chest. Hereturned the ball to her,preparingforthenextblow. Aclumpof the drenched earth clung to his face. She laughed, wiped the hair away from herface and made contact with the ball. The metal fencebehindhim clanked and vibrated as the ball sharply bounced offofit. He stood up from wherehe had dived, slamming the ball against the metal fence before whipping it backtoher. "Again," he shouted. Shewiped the hairaway fromher face and made contact with the ball. Those who dismiss the past will focus on the future. Dreams are crystalized and hopes are reborn. As with memories, though, voyages into thefuture are donefor a variety ofreasons. For some people it is a welcome outletfor unyieldinganticipation. For some people itisa peacefulresignation to the invincible forceoftime. Andforothers itis a denial ofburning regret, ofloss, and of self. Frank Sinatra sang as they slowly dancedacross the floor. The dogs circled theirunified figure, eagertojoininthegame. Features Editor One ofhis arms circled her waist, pressing gently yet firmly into the small ofher back. His other arm was outstretched, his hand providingawarmplatformuponwhichoneof her's could rest. Their feet stepped with effortless movement. Theirbodies swayed, bonded to the music. Their eyesheld, melting into the same glassypool ofdivine light. His voice harmonized with that floating through thestereo speakers. Shesmiled. The worlddisappeared. Thepresentisoften forgotten inour haste toremember and to dream. Yet,memories and dreamsare meaningless withoutthe present; thepresentprovides the definitions throughwhichourmemoriesandour dreams can be understood. Inthis way, itis all that exists. It is with the present that we must reconcile ourselves, our pasts, our futures and ourlives. It is for thepresent thatwe should always be thankful. It is in the present that wemust breathe. Anditis in thepresent that we must learn to be happy withourselves. This may seem like a selfish attitude- to becomeabsorbed in one's ownhere andnow. And itis. But this selfishness is not negative. It is necessary. A person whois content withhimorherselfhasmuchtooffer others. Those who cannot claim this same self-satisfaction will be unable to provide any productive support to anyone, including themselves. Appreciation for oneselfand one's life is the foundation upon which all else must rest. Shewascurledupontopofthebed. A thick quilt covered her naked legs. Her eyesstaredblanklyatthepageinfrontofher. The wordsswirled in aseaofblack andwhite. The song on the radio sliced through her thoughts ofyesterday and tomorrow. Her eyes focused. With a sigh and a smile, she pickedupthepen whichhad slipped fromher weightless hand, and turned thepage. Inthe background,Mick and Carly sang, "You're so vain...youprobably think thissong isabout you. Don'tyou?" Too many people become trapped inwhatwasorwhatwillbe,inmemoriesand in dreams. Tragedy jerksthe present onto center stage with an unsettling harshness. The challenge is to keep itthere. Wade Critical Look at Historical Analysis inv.Roe by AndrewKehrer It isoftenargued thatthe earlycommon lawregarding abortion did not punish thosewho soughtabortions before thefetushad quickened. Quickeningrefers to thestage ofgestation when fetal movement can be detected by the mother. This stage varies from woman to woman but usually occurs four to five months into the gestational process. Common law cases such as judges applied the common law and thusdidnotpunish pre-quickeningabortions. Many argue thatthis position in the common lawreflected a beliefthatpre-quickened fetallife deserved no constitutional protections. Asabortionbecamemoreprevalentin the United States duringtheearly 19thcentury, antiabortion laws sprung up in many states. The reason for theselaws,claim pro-choiceadvocates, wastoprotectwomen. Theproceduresused toprocure abortion in the 19thcentury oftenincluded the ingestionofhomeremedy type potions that were sometimespoisonous. Any physicalaction tookto dilate the cervix wasalso dangerous and unsanitary. JosephLister did not introduce antiseptic into surgery untilthe late 1860's. From theabove interpretation ofhistory, the Supreme Court, in Roe, drewthefollowing conclusions: 1. Thecommonlawdidnotpunishpre-quickenedabortions. 2. Theearlyanti-abortion statutes were enacted primarilyto protectwomen,not fetallife. 3. Abortion practices in the early 19thcentury weremuch freer tiianinthe mid-twentieth century. 4. Ferusesarenotpersonsforpurposesofthe 14thAmendment. There iscertainly some truth to thearguments oftheCourt Abortionswere dangerousfor women in the early 19thcentury. Some laws were passed forthepurposeofprotectingwomen. ...Abortion,continued onpage 10 COMMENTARY: School Choice by GarySimpson,.Layout Editor Therecent presidential campaign hasraised the issue of"school choice." It is,in fact, included intheRepublican Party platform; the position is thatcompetition betweenboth public and private schools is the answer to what is currently ailing the public school system. Theschool choice phenomenon hasevolved, in part, outofthe limited successof "magnet schools" and the declining levels offunding forprivate and parochial schools. The Republican Party has elevated this issue into prominence over the past years, claiming that it is aremedy for the problems thatcurrently exist in public education. Theoretically, the notion of"school choice isa laudable objective. The idea ofa school system in which a parent couldselectfrom an array ofcurriculato suittheirindividual needs would seem attractive to any parent concerned about die present state of eduction. Additionally, suchanotionwouldfit wellwithin the conceptofa freemarket.'' Betterteachers would be compensated at higher salaries, thereby providing an incentive to all teachers to enhance their skills. The enhanced skills ofthe teachers would subsequently be imparted to students. Notwithstanding the merits ofthe "school choice" concept, its negative attributes outweigh itspositive attributes. First, the magnet schoolpremise is questionable in and ofitself. The ideaofmagnet schools is to develop such areputable schoolcurriculum so as to attract the bestandbrightestteachers andstudents. The very problemwiththis notion is the fact that it has alimited measureofsuccess. Incommunities wherethe educationallevel ofall studentsrequire improvement, only a selectfew benefitfrom' 'magnet schools.'' ThesecondandmorecompeUingreasontodisapproveofthenotionofschoolchoice ...Choice, continuedonpage 9 DEBATE HIGHLIGHTS AT A GLANCE g/LL- X&s€sf Correction In the last issue ofThe Opinion. DeanHeadrick was mistakenly referred to as Dean Hendrick. October 13,1992 The Opinion 5 �UB Law Policy on Hate Speech Generally Misunderstood by Natalie A. Lesh, Features Editor Since its enactment in the Fall of 1987, the "Faculty Statement Regarding IntellectualFreedom, Tolerance, and Prohibited Harassment' ' (Faculty Statement) has been the subject ofwidespreaddiscussion, controversy andmisunderstanding. The circumstances which surrounded the adoption of the Faculty Statement are central to any fairanalysis ofit. Unfortunately, however, this context, inextricably bound to the very meaning and purpose ofthe Faculty Statement, has been largely ignored. During the Spring semester of 1987, several anonymous notes were left inthe mailboxes of some female law students. The language ofthe notes varied, but the subject matter was common- namely, explicit antifeminist and anti-gay sentiment. Someofthe notes included direct personal threats against their targets. Onewomanreceived, along with anote,asmall, stuffedteddy bearwith its head ripped offand red nail polish dribbled in the neckarea. Another woman's note was accompanied bypieces ofdog excrement, wrapped in foil. That same woman's car tires werelater slashed in the school parking lot. In addition to the notes, several acts of graffitiwerefound throughout thelaw school: in a stall in the men's bathroom, on desks, on aroll-down movie screen in one ofthe classroom,andnextto paytelephones. The graffiti contained racially derogatory, anti-feminist andanti-gay comments. These matters wereallreported to universitysecurity personnelby thenDeanWade Newhouse. The investigation, however, failed to discoverthe identity ofany ofthe perpetrators. OnMay 15,1987,attheregular,monthly meeting oftheLaw School Faculty, arecommendation was made from thefloor to havethe first-year orientationcommittee focus on the issue ofhow to discourage the recurrence of such acts. A committee of volunteers was formed to draft a statement which,according to the minutes of that meeting, was for the puiposeof''condernningthisharassmentand the attitudes giving rise to it and making clear the law school's intention topursue all appropriate sanctions against students found to be responsible for such acts in the future." On October 2, 1987, the Faculty unanimously adopted the Faculty Statement. (See box) Criticismofthe Faculty Statementfrom both studentsand the mediawas immediate. A commentary appeared inthe Washington Post in April, 1988 denouncing the Faculty Statement as an unconstitutional priorrestraint on freedom ofspeech. It concluded that, "[t]he First Amendment has been suspended by the law school faculty of a public university." Further, an attorney from the New YorkCivil Liberties Union, who, not coinc identally isan alumnus ofUBLaw, joinedin the fray, claiming that,''The faculty oftheLaw School went overboard. Anyone has aright to be a fool and be nasty, sexist orracist. Free speech means wehave to put up with these things." Two malelaw students, members ofthe UB Law Federalist Society, commenced an action in federal court against the Law School on the basisofthe promulgationoftheFaculty Statement. They alleged, among otherthings, that the Faculty Statement violated law students' FirstAmendment guaranteeoffreedom ofexpression. The lawsuit was eventually dismissed. The passage oftime has significantly cooled emotions withregard to theissue ofthe constitutionality and desirability ofthe Faculty Statement. Itremains, though, a favorite target ofthose whocriticize UB Law as too liberal.'' And, everynowand then, the issue is thrust to the forefront of the law school agenda. The Faculty Statement continues, however, deliberately and otherwise, to be misread and misunderstood. Professor WadeNewhousebelieves that the crucial aspect of the Faculty Statement is The Opinion 6 the distinction it draws between speech and conduct. Theimportanceofsuchadistinction is clear from the very context in which the Faculty Statement was created. Acts which constitute harassment, intimidationorassault, such as those which tookplace in the Spring of 1987, are subject to an array of sanctions, intolerant speech, on theotherhand, does not subjectthespeakertothosesanctions. Rather, such speech will be swiftly and openly condemnedby thefaculty. Due totheoverwhelming response given the Faculty Statement, Professor Newhouse realized thatperhaps the distinction between speech and conduct was not as clear as intended. In September, 1989, he sent three proposed amendments to the Faculty Statement to David Filvaroff, who had recently been namedDeanoftheLawSchool. Theproposed amendments were givena negativereception from theDean's office. Newhouse decidednot to force the issue, given his status as the Dean under whom the Faculty Statement was adopted. Moreover, he thoughtitmore appropriate to avoid "giving even the slightest appearance ofinterfering withthe administration ofthe new Dean.'' Theproposedamendments weredrafted inorder to emphasize the distinction between intolerantspeech and conduct, withrespect to howbothare to be treated. The firstproposed amendment wouldhave substituted thewords ' 'disapproval in theform ofexpression" forthe wordcondemnation "in the third paragraph of the Faculty Statement. Put simply, this amendment would have clarified that ill-received speech wouldbe met with speech. Thesecondproposedamendmentwould have added asentenceto the fourthparagraph, indicating thatthe " recent ac ts" referred to in thefirstsentencewerethosewhich occurred in theSpringofl9B7. The Opinion EditorialBoard announces "CROSSFIRE, "anew feature to appear in each issue. CROSSFIRE will be a debate format open to all members ofthe law school community on atopic selected by theEditorial Board and to beannounced in advanceofeach issue. CROSSFIRE Topic For the October 27 Issue: Should New Yorkreinstate the death penalty? The final proposed amendment would have inserted headings into the Faculty Statement, thereby explicitly identifying its separate parts. Paragraphs oneand two wouldfall underIntroduction,'' paragraph threeunder "Expression Will Be Rebutted By Expression,"andparagraphsfourandfiveunder' 'Conduct WillBe Met With Sanctions.'' For some, even this clarification ofthe intent ofthe Faculty Statement will be criticized as insufficient to overcome its unconstitutional nature. It is obvious to anyone whohas studied theFirstAmendment, howeverbriefly, thatits guarantees are not absolute. The extent ofa person' s freedomofexpression haslong been held by the United States Supreme Courtto be dependent upon thetime, place and mannerof such expression. Expression may be especially tempered in the context ofschools and universities. Thereare,ofcourse,otherrestrictions on the freedom of speech, for example, that expressionwhichis characterized as " fighting words." But this analysis is irrelevant. The Faculty Statement does not restrict student speech on any level. Rather, it asserts that certain speech is inappropriate and irresponsible for those embarking upon a legal career, Faculty Statement Every intellectual community worthy ofthe name thrives on sharp and heated controversy- on the free andfull expression ofopposing ideasand values; onimpassioned arguments for, and equallypassionate arguments against. Given the particular professional skillsrequired for the practice of law, law schools, including this one, especially prizeand encourage such unencumbered give-and-take, the more lively and uninhibited the better. Because boththe common law and twocenturies ofConstitutional tradition have long given American lawyers a special role in assuring fairness and securing equal treatmentto all people, our intellectual community also shares values thatgo beyond a mere standardized commitment to open and unrestrained debate. We support the particular values shaped by the special traditions and responsibilities ofthe legal community to which all of us- students and faculty alike- belong. Any and all expressions ofbigotry,prejudice and discriminationare abhorrent to thesetraditions; they notonly detractfromthe personutteringthem, butreflect poorly upon theprofession as a whole. By enteringlaw school, andjoining this legal community, eachstudent'sabsolute rightto liberty ofspeechmustalso become tempered inits exercise, by theresponsibility topromote equality and justice. Therefore, it should be understood thatremarks directed atanother's race, sex, religion, national origin, age, or sexual prefcence will be illreceived, or thatracist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as otherremarks based on prejudice and group stereotype, will generatecritical responsesand swift, opencondemnation by thefaculty, wherever and howeverthey occur. We note with dismay recentacts ofharassment, intimidation,and assault against persons ofcolor and other groups which have taken place on campuses around the country, and whichhave often gonefar beyond the bounds ofconstitutionally protected speech. Concern regarding such inappropriate and often outrageous behavior compels the faculty to add a clear and specific warning concerning any such acts that may occur in this school. It isthe policy ofthis law school to take strong and immediate steps against any and all such behavior. The means ofdoing so willalways be informed by the faculty's strong commitment to the requirements ofdue process but will not be limited solely to the use ofordinary university disciplinaryprocedures. Where such acts indicate that astudent may lack sufficient moral character to beadmitted to the practice o flaw, the school can and will make appropriate communications to the character and fitness committees of any bar to which such a student applies, including, where appropriate, itsconclusion thatthe student should notbeadmitted to practice law. In addition, in appropriate cases, the school will not hesitate to act upon its legal and ethical duty to notify state and federal law enforcement authorities ofsuch acts, and to cooperate withthose authorities in their investigation and prosecution. Although the faculty isprepared to exercise such sanctions, wehopeand expect thatthe occasion to do so willnotarise. Thus, we expect thatstudents will accept, and act in accordance with,the moral obligations ofthe profession and this community and honor the traditions offairness and respect for others thatsustain the legal profession and inform the culture ofthis law school. October 14,1992 andrefleets poorlyupon both that speakerand the law school community as a whole. The Faculty Statement illustrates the faculty's strong beliefthatany such speaker should be directly confronted with''critical responses.'' Speech is thereforneitherrestricted norchilled; instead, the speakeris merely guaranteed that the faculty will exercise its equally strong right offreedom ofexpression. The Faculty Statement will silence only those who are unwilling orafraid to accept anopen challenge to theirown speech. The Faculty Statement does not define exactly what conduct may give rise to the application ofone ormore ofthelisted sanctions. This absence has led to the charge that conductwhich is' 'expression and therefore protected by the First Amendment may be improperly punished under theFaculty Statement. Any good faith reading oftheFaculty Statementdispelsthis fear, however- the types ofactsreferred to are those which occurred in theSpringofl9B7,noneofwhichcanrationally orreasonably be classifiedas modes of' 'expression." A situation may wellarise in which the conduct inquestion is arguably expression.'' The Faculty Statement gives no indication that such conduct will not be protected but instead will be blindly punished. To assert otherwise is to infer malevolent intent on the part ofthe faculty in promulgating the Statement. There is no basis in fact for such an assertion. Newly appointed Dean Barry Boyerbelieves that some changes in theFaculty Statement may soon be necessary. He cites the tremendous number ofrecentcases involving First Amendment challenges to similarprovisions at other universities. Dean Boyer believes that since the law in this area is constantly beingrewritten, itwill takea concerted effort to determinethe precise bounds ofpolicieslike the one ineffect and UB Law. In fact, Dean Boyer assigned this task to aresearch assistant this summer. Dean Boyer, however, is quick to point out thatrevising the Faculty Statement is not on the top ofhis list. He claims that a more pressing problem exists: this summer the University codified its disciplinaryrules, and law students are currently subjectto this code. Although he is not awareo fany specific provisions which may be inappropriate to law students, Dean Boyer has asked Professor Reis, chair of the Law School Faculty/Students Relations Board, to look into any potential problems. Deanßoyerisespeciallyconcerned because oftheunique situation oflawstudents in having to secure admission to the Bar. He notes, however, that the University has indicated its willingness to negotiate changes in the codewiththe various professional schools. The Faculty Statement, therefore, is neither the final word on the subjectof discipline withregard to law students' speechand conduct, nor the perfect solution to intolerant behavior. It has been a stimulus to discussion ofthese issues, however, and will be in the future. Inordertoplayameaningfulpartinany discussion,though, theFaculty Statementmust be taken in context, read in its entirety, and fairly construed. At the very least, it was an exercise worthy ofthis minimallyrespectful treatment. �"The Roaming Photographer" byPaulRoalsvig, Photography Editor This week's question: What did you think of this past Sunday's televised presidential debate? JoeAntonecchia, 2L ' T thought Perot actually helped focus t ; debate onthe Republican record over the last 12years, especiallyregarding die decline in decent, well-paying jobs. I think his reemergence will ultimately help Clinton win nextmonth." Craigllannah,lL CharlesLiv, 3L RobKitson,lL ' T felt Clinton and Bush didn'treally gain any ground.Perotwashumoroitsbutmaybe not too effective. People still wonder on his seriousness as a candidate.'' "Bush sucked, Clinton wasalrightbut nothing to write home about, and Perot was ...too short!" ' 'Bush proved he's a better politician, unfortunately hepresented himselfbetter than the othertwo. I hope thiselection is notdecided by thisdebate.Ultimately allthreewere spouting pre-packaged concepts that show how devoid ofnew ideas any ofthem are.'' Ambassador Discusses Failed United Nations Negotiations on Biological Diversity by TracyDaleSammarco, StaffWriter Dr. Andras Vamos Goldman, the First Secretary of Congressional Relations to the Canadian Embassy inWashington, DC, was diekeynote speaker ofthe "Colloquium on International Law and Organizations: Focus on theEnvironment heldat O'Brian Hall on September 16. He focussed on the topic of international treaty negotiations at the U.N. Convention on Biological Diversity, held in Nairobi last year. According to the Canadian Ambassador, the conferencepresented participating nationswithaforum, to create a "wishlist" of goals andobjectivesrelating to bothbiological diversityandnaturalresourcemanagement. A concise document was to be drawn up based upon thislist. The problem with the convention, says Vamos Goldman, was thatitrepresented the ' 'lowest common denominator amongnations. Therange ofgoalsand issues being presentedby those nationswasmassive. Vamos Goldman said thatthe organizationalstrucrureofthe conferencewas such thatmuch splintering and fractional negotiating occurred where unity was the goal. Concerns ranged from artificial geneticmodification to traderelatedmatters. WhereNorthern nations mighthave focused onthepreservation ofbiological diversity,Southernnationspressed for autonomy incontrolling economic access to the same. Hesaid that,in general, developed nations felt thattherewasadanger in absolute sovereignty ofresource management for developing nations. The U.S. in particular, he said, did notwantto grantan unqualifiedright to sovereignty withinthe treaty. The fearwas that conservation wouldbelost in the shufile. Further complications were pre- sentedby languagebarriers, haggling overthe specific wording ofthe text and inadequate leadership. The speaker said that, in the end, thebulkoftheworkwasdonebysplintergroups who then presented finished articles to the conference in general for a vote. Apparently, full agreement on any section of die text was never made possible by the structure ofthe conference. This colloquiumwas the second ina seriesarrangedby Professor CatherineTinker andco-sponsored by ÜB's Environmentaland International Law Societies. The nextpresentation in the colloquium will be Jacqueline Dauchy, Esq. of the Legal Affairs, United Nations,New YorkOffice. The eventwill be heldinroom 109,O'BrianHall,onOctober 14, More information 1992 fromfour to sixp isavailable through ProfessorCatherine Tinker, extension6184, theInternational Law Society or theEnvironmental Law Society. .m.. The Opinion Deadline for next Issue Friday, October 23 Leave submissions in Box 223 or Box 61 I Local Lawyers DiscussThe Practice of Criminal Law byVitoA.Roman.iEditor-in-Chief Buffalo law studentslearned aboutdifferent aspects of criminal law practice this past Thursday when four local practitioners came to the law school to discuss their work. The career panel, sponsored by the Buffalo Chapter ofthe Women's Bar Association of New York State,CDO, and AWLS, isthe first in a series ofdiscussions which willfocus on different practiceareas oflaw. GingerSchroeder, the WBArepresentative coordinating the event, says the career panels are designed "to give law students a sense ofwhat it is like to practicelaw," since what they learn in classrooms isnot necessarily whatwillhelp them mostwhen they gointo practice. She chose to begin the series with a panel on criminal law because newlaw students always show a great interest in die area. Also, sincethereis a lot ofturnover in the area, '' itpresents agood place foryoung lawyers to get in." The four lawyers speaking on the panel eachpracticecriminallaw in differentcapacities,and eachcontributed something different to the discussion, whether itwasabout criminal law in general or abouthow to getwork in the field. Shiela DeTullio is the third highest ranking prosecutor with the Erie County Attorney's Office. Patrick Carney has been a Public Defender in Buffalo City Courtfor ten years. Julie Dee and John Elmore are both private practitioners specializing in criminal matters, but each came into the field differCrime, continuedon nextpage nvest In Your Future Mark G. Farrell, UB Law School Class of '72, has been elected president ofthe University at Buffalo Law AlumniAssociation for 1992-93. Farrell is the managing partner in theBuffalo law firm ofFarrell & Quackenbush. He isalso the chairperson oftheTown ofAmherst Board of 1 -thics, chairperson ofthe Medical MalpracticeCommitteeofthe International Association ofDefense Counsel, Director ofthe Western New York Defense Trial Lawyers, a certified advocacy instructor for the National Institute ofTrial Advocacy, and a member ofthe UB Steering Committee forthe World University Games. [B[|| M. Insurance MwKwMwl � Networking Opportunities Jk. Help Building Your Career S9I Jk. Publications to Help You Study 111111iKiLßlil IP for trie Bar Exam For More Information Contact: diM New York State Bar Association, Membership Services Department One Elk Street, Albany, NY 12207 Phone: 518-463-3200 Fax: 518-487-5579 Bfci I ■■■I NYSBA October 14,1992 The Opinion 7 �THE PRESIDENTS REPORT by William F. Trezevant, SBA President As you may know, the committee appointments to Faculty/Student committees havebeenreopened. Afteravotetoapprovethe committee appointmentsby the S.B.A. Board ofDirectors, some studentsexpressed concern over theamountofnoticethat wasgiven tothe studentbody. Inanefforttoberesponsivetothe student body, it was decided that the best approach was to start all over, as the cure for democracy, both procedurally and substantively, ismore democracy. I understand that this may nave caused concern among those students whohad previouslyreceived appointment letters, however, in the interest of an inclusive Student Bar Association organization,this subsequent step is best inthelong run. I apologize forany inconvience and am available to answer all questions or concerns at eitherthe S.B.A. officeormyhome, 896-0941. Vice Presidential Election The next very important item on the agenda isthe Vice-presidential election. Just in case you did not know, the petitions are available outside the S.B.A. officeonthe first floor. Asareminder.acandidate must obtain at least 10% ofthe student body signatures whichworks outtoeighty(80). Allcandidates are strongly encouraged to obtainmore inorder to be safe. The importantdates forthis election are as follows: PetitionsDue October 14, 1992 at5:00 pm Candidate Statements for The Opinion 0ct0ber23,1992,Rm724 Candidate Forum TBA Elections October2B& 29 outsideLibrary Eighty signatures from the entire studentbody is nota great dealforthe opportunity continued, "but not scientists." The same ...Scientist goesfor education, he says. Chinasuffers one continuedfrom page 1 torun and contribute to afree marketplace of cess, freethinking. ProfessorLizhi's writings, ofthe world' shighest illiteracy rates, andthis ideas, regardless of year. And HELL, even Ross Perot thinks he can be Boss for the next four years. Asa final note,I wouldlike to extend my personal andprofessional thanksandappreciationfor the workFormer Vice-PresidentHank Nowakperformedoverthe summerand intothe schc>olyearbeforehisunfortunateaccident I wish youmy best Hank. S.B.A. Party!!! Yes, itishere, the next S.B.A. party!!! Wewill beholding itonThursday,October 15, 1992 at S.B.A. Class Director Michael Radjavitch's humble abode (573 Linwood Street). It promises to be quite an event. However, in an effort to improve a recent S.B.A. oversight, we will be instituting a "Buddy System" in an effort to address the issue ofpossible drunkdrivingto the ex tentthat even it occurs. We, underno circumstances, wantany ofour colleagues to find themselves in undesirable circumstances. Thus we will have anew and permanent procedure inplace by Thursday. I want to thank all ofyou in advance for your cooperation. Additionally, thismeans thateveryone whocomes will have either a ride home or aplace to stay. Socome, mix,mingle,relax andnetwork. Anyone who is willingto serveas a designateddriverplease contactme inthe S.B.A. office, box #262, orat homeB96-0941. OtherBusiness... I am finally pleased to report that the hard work which Phi Alpha Delta has been doing is soon to pay offwith this year's Law Student Directory. Any suggestions, comments or information should be directed to Saultan Baptiste, Box #611. Wellforno w,as they say onthemorning radio, "Stickmewithafork'causelam done." Newest Law School Group Sings it Up byßobGormley Spurred on by an influx of enthusiastic 1Ls, the UB Law School's Karaoke Club broughtthehouse downlast Friday nightat the Stuffed Mushroom. Shamelessly crooning until the wee hours, the group(includingthis humblereporter) didtheirbestto stretchthe definitionofwordslike"harmony" and "rhythm" tofittheircacophonous efforts. What was lacking in smooth tonal quality, however, was more than made up for with volumeand passion. Spearheaded by spiritualleader and musical guru,Mo "OF Brown Eyes" Juliao, thelyricallaw studentsprovided highlights aplenty. Theraucous crowd waswhistlingand stompingtheirapproval duringarendition of 'TheGambler'' when sung by Moand the unflappable Dave Nemeroff Molaterreturned tothe stage with Chip Russell to snap out aneat versionof"Mack theKnife." Afterhearing these guyssing, theaudiencecouldonty ask itself,' 'What the heck are these guys doing in law school?". Billingthemselves asthe' 'Legal Eagles,'' the entire group performedaleg-kicking and show-stoppingrenditionof' 'New York,New York.'' FirstyearKaren Judd, wholed cheers and dancedenergeticallyall nightlong, allegedly assisted in choreographing this eye-popping number. Fortheiecord,uiereisnotnithtothepersistentrumorthatMs.Judd was dancing onthe tablesat any timeduringthe evening. (Anyone having informationabout any otherrumors concerning Ms. Juddcan deposit kin Box 109). Another memorable moment occurred when an all-malecontingent —theLegal Briefs"— belted out their version of "Like a Virgin." While not nearly as racy as Madorina'svkk»,itinayweUbeenoughtokeepanyoftliecroonersofftheSupremeCoijrt C'estla vie. ThrouglK)uttheevenmg,twoveteran3Ls,JemuferKracherandmyself,dMow ...Crooning,continuedonpagell Bridget's Blotter There hasbeen alot going on around the SBA these days. HankNowak has now officialry esigned as the SBA Vice President, and we will be holding an election to replace him on Wednesday and Thursday, October2Bth and 29th. Please come out and vote. We will be having an SBA party this Thursday, the 15th, at Michael Radjavitch's house at 573 Linwood Avenue in Buffalo. There will bea $3.00 cover charge, and all of the proceeds will be donated to the Seneca NationEducation Fund. It'sfor agood cause, sotearyourselvesaway fromO'BrianHalland come out for some good old-fashioned drinking. There will be lots ofbeer! Paul Beyer, a first-year class director, asked that I mention something about the Research andWriting Program to help alleviatefirst-yearconcernoverit You mayfeel like you are wasting your time this semester listenting to whatseems morelike poetry than research and writing instruction. The second 8 The Opinion October 14,1992 in fact, were constantly attacked as being "idealist and' 'materialistic because they failed to conform to Marxist teachings. Even the reform minded government thatarose in China duringtheeighties refused to acceptthe freethinking generatedby scien- "Chinese authorities like science, but not scientists.** ProfessorFang Lizhi layman magazine problem, politicians knowledge. quantum popular government cosmology, complain cosmology liberating magazine, commented, although disagreed. high science," ranking arresearch. officer the tific studied never ticle"Chinese on in in the Professor afear to When the authorities Lizhi Professor wrote that he like effects for a Lizhi to the the wrotean Editorof ofscienChinese he is The that had he tificresearch. WhenProfessor Lizhi wrotean article on quantum cosmology forthe Chinese layman in a popular magazine, a highranking officerinthe governmentwrotetotheEditorof the magazineto complain thatalthough hehad never studied cosmology, he disagreed. The problem,Professor Lizhi commented, isthat politicians fearthe liberating effects ofscientificknowledge. "Chinese authorities like science," he ...Crime continuedfrompreviouspage ently. Ms.Dee startedpracticing criminallaw in the private sectorupon graduatingfrom UB Law, whileMr. Elmorewasaprosecutor inthe Manhattan DA's office and in the NY State Attorney General's office in Buffalo before putting outhis own shingle. While each attorney addressed the careerpanel topicfromtheiruniqueperspective, theyalsoshared some viewsabout thepractice ofcriminallaw. Forexample, theyall agreed thatcriminallaw is notforthe bookish type, but rather for that type ofindividual unafraid to speak up, and that the litigation experiences obtained in criminal practice help make any attorney moremarketable. Ms. Detuilho.the only prosecutorin the group,calls her work " fun and exciting and says she hasnever dreadedcoming in to work during her twelve years at the DA's office. What she enjoys most about the job is thatit continually gives her that opportunity to use herjudgment. ''DA' s," she says,' 'have tremendousresponsibilities," but, inthe endyou '' feelyou have helped somebody.'' Shetries, forexample, to use theplea bargaining process in a " socially beneficialmanner,'' and admits that' 'the hardest part ofher jobismaking the judgments of what to let go,plea, or take to trial." Forthisvery reason, she explained, her officelooks forwell-rounded candidates,usuallywith some work experience, who exhibit ahigh degree ofcommon-sense,and possess strong communications skills. Asa public defender, Mr. Carneyrealizes that the public generally does not have highregard forhis work, sincetheyoften see it as merely helping keep criminals on the street. In fact, he says, ifit was not for the constitutional mandate to provide defensefor the indigent, his office would get no public funds. semester, however, is very beneficial, and I found that I spent the majority ofmy time workingon ResearchandWriting assignments. So, try not to fall asleep, and don't worry, because it does improve, and you will find yourselves staying up very late working on little Research and Writing projects next semester. In lieu of any interesting gossip, other than that I was an eyewitness last week to a certain former Dean and a Legal Profession professorjimmying locks on the fourth floor. I'llgiveyouallalittleconsumeradvice. Ifyou haven't gotten a copy ofyour TRW Credit Report within the last year, call 1-800-392-1122 to receive a complementary copy. You may find itvery interesting. Lastly, yes it'strue,Professor Schlegel ismoonlightingasacovermodel. Takealook at this year's law school application packet. fact, claims the professor, helps the governmentmaintainitsholdoverthe population. He believes that it isapartofhuman natureto want choice, butthatwithouteducation, people are unaware ofthose choices. Inresponse to a questionfrom theaudienceaboutwhetherthe democratic movement in democracy is occurring only among the intellectuals, hesaid thatthe farmers,amongst whom helivedwhile exiled internally during the cultural revolution, want choices too. However, since farmers have limited educations, they only have a limited idea of free choice. Professor Lizhi hopes that this will someday change. ProfessorLizhi'sspeechwassponsored by the June 4 Memorial Fund, a non-profit organizationfounded by Chinese and American students in the WesternNew Yorkarea to promote the democracy and human rights movementin China, to provide humanitarian assistance to activists working onthose goals inChina, and to educate thepublic onthe issue. Nevertheless,he sayshe works withoneofthe best group oflawyers in the state, partly because so many ofthe lawyers he works with have been with the office so longi Trial lawyers, he continued, have to thinkon theirfeet.In fact, Mr. Carney advised that those in theaudience considering criminal defense workrealistically assess themselves before committing themselves to suchacareer because "ifyoucan'tstandin frontofahundred peoplethat you don' tknowand speakabouta subjectthatmaybe youhavenoknowledgeof, yourgoingnowhere. Don'tkidyourselves." Furthermore, he continued, criminal defense lawyers have to "have the stomach for the people they defend," people they wouldn't usuallyassociate with, and which,as apubhe defender, are simplyassignedto them. "You're not throwing out your back in this type of work,hereminded everyone,"but itis hard." Ms. Dee, in turn, spoke mainly about how shebrokeinto thefield, and offeredsimilar suggestionsto students. When she graduated from UB ten years agothe market forlawyers wastight,justasitisnow. She cameupon her job, she says, by chance, and started doingthe office criminalwork, mostly trafficticketsand DWI cases in the night courts in Buffalo's outlying town courts, because the older partnersdidn'twantto be bothered withit. As she became more confident, the trial work become more complex. Today Ms. Dee isa partner in the firm and mainly does litigation. Aboutthis typeof work, she says"youhave to workat it,doyour own research, write your own arguments.'' These all are time consuming, she says, but "criminallawisnotforthefainthearted." She suggested thatthose looking to break into the fieldvolunteer time as students with firms, the DA'sorthePublfcDefender'soffice. Forthose already graduating, she suggestedtheassigned counsel program, whichpays little but offersa young attorney the opportunity to get in court. John Elmore, who is now in private practice but had formerly been aprosecutor, discussed the differencesbetween a prosecutorand a defenselawyer, as wellas the major practical considerationofpracticing criminal lawprivatery,ie.,money. Therole ofprosecutors, he said, is to seekjustice. The criminal defense lawyer, however, has to defend his clientvigorouslyregardlessof guilt. As such, inprivate practice itisimportantforthelawyer tounderstandjusthow much timehewillhave to devote to a case, and charge accordingly. " Most defendants can'tafford tokeep you in court long," he says, so he prefers to make money negotiatingpleas. Early in his practice, he sometimes relied onthe wordofdefendants who promised to pay himin installments, but never did. He has since learned otherwise,and now says he simply "hates itwhenhe gets stiffed." Now healso understands how importantalawyers reputation is inprivate practice, sincelawyers wholose cases get few referrals. �have sufficed to prosecute all the policeofficers,thusmakingMr. King' sappearance on his own behalfa waste oftime is exactly that, a ...Letters, continuedfrompage 4 Los Angeles freeway,'' therewouldbeanarchy on ourhighways. The nexthalf-truth setforth by the media,wasa conspiratorial theory thatthe officers were tried in front of an all white jury outside ofL. A. proper in order for themto be acquittedby the inherentlyracistpopulationof SimiValley,aconservative middle classwhite enclavewhere many police officers reside. In this case, a change ofvenue wasgranted atthe discretion of the trial judge because of the constitutional requirement thatthejury be fair and impartial. After arduous and extensive VoirDire, this task proved impossible. Even the prosecution acquiesced that a change of venue wasthe onlyavenueremaining to insure that the case would not be a kangaroo court. The central flaw in the prosecution's case which led to the acquittal ofthe officers was not the change of venue, as the media-hog ReverendJesseJackson wouldhave theAmerican public believe, but the fact that Mr. King himselfdid not take the stand to confront the officersand favorably impress thejury thathe wasan innocent andrandom victimofpolice brutality. Theprosecutorandthemediaevaded explaining the curious absence of Mr. King from the courtroom. Thereal reason whyMr. King did not take the stand is evidentiary in nature. Hisreckless conduct and wanton disregard for the police orders endangering the lives of himself, his passengers, the police officers,andotherdriversontheroadwouldbe heavily scrutinized undercross examination; moreover, any prior bad acts he committed which would goto hisveracityand truthfulness as awitness would beshed in frontofthe jury. Thejury wouldprobably not be told exactly whatoffenses and crimesKing had been convicted of, butwouldhear ananesthetized version underthe balancing testofprobative value v.prejudicial effect ThatwouldbeClalifornia's version ofNew York' sSandovalhearing. The argumentthat 30 seconds ofvideotape should waste oftime. The death toll from the L.A. riots was higherthan Newark, Watts, Detroit,Chicago orany otherriot in AmericanHistory. Allofthe deathand property damage wasagreattragedy. Weall watched ont.v. as thousandsofKorean merchants watched cverything they savedand worked for go up in smoke. Like the Jewish merchantsofthe 1950sand 1960sinL.A.,the Koreans wereabandoned by the police commissionerand were forced to fend for themselves against a livid mob that scapegoated themfortheireconomichardships. Theseare theKoreans who came to America penniless, like theEastern European and Chinese immigrants two generationshitherto, carrying with them the hope and the dreamofmaking it in America, ofpersonifying Horatio Alger's tale ofrags to riches. These are the Koreans who foreswore theirancientpolytheisticreligions and converted to Protestantism and Catholicism to assimilate. These are the Korean small business people from the fruit store owner in BrightonBeach Brooklyn tothe shoemaker in Poughkeepsie tothe florist on Market Street in Philadelphia to the restauranteur in Manchester, NewHampshire who workenduringfifteen hourdays,withblood,toil, tears, and sweat, to keep themselves offthe dole and providetheirchildrenwithabrightfuture inthe professions and strong family values topass on to the next generation. I salutethe Korean boy inLos Angeles whotookuparms toprotecthis father'sstorefromlooters. I salutethe Korean woman who stood infrontoftheshatteredglass oflierransacked grocery storeandyelled "this is America, go away!'' She risked her life to protect whatwas leftofher world. To the leftists and self-haters of the NationalLawyers Guildand the criticallegal studiesacademicians who viewthe American judicial systemas a vehicleofoppression perse through the blinders of their immutable agenda, no explanationregarding the Rodney \\ V« York. NY 10056 (212) 719-0200 (800) 201 625 5363(205)724-5910 MI. (212) 719-1421 . , by W. F. Trezevant, StaffWriter After500hundredyears, thewindhas finallyleftChristopherColumbus'ssails. The ' 'Great Discoverer" ofthe Americashas tied his lonely andtired ship to thedock oftruth. In an age when weas anation are looking inward, reassessing where we've come from, what we've done,and wherewe needtogoduringthis time ofchange, perhaps we might begin with the legacy leftby the manwhom so many ofus still honoras great. While some among us extoll the benefits of progress, industrialization and achievement, for the majority ofthe people who used to populate the Americas, and now makeup the underclass inthe United States we can only extollfive hundredyears ofoppression, slavery, exploitationand inhumanity at the hands ofour "brothers". We only seethedecades ofstruggle againstthelawswhich past law students,much like ourselves, draftedand approved. We see thelong story ofthe fives lost in this seemingly eternalstruggle forwhatisuniformily consideredbasic. Whatlessonare weto drawfrom this anniversary? Ithinktwo. I'msureallofuscan easily intellecrualize the first lesson that Chistopher's behavior is the anti-thesis for future worldparticipation, particularly inlight ofourrole in the' 'New World Order. The second lesson is somewhat King verdictcan beaccepted except thatitwas racist. Mr. Kehrer eschews that dogma and shines throughthecongenitalabyssofthoughtless conformity, as a beacon ofhope thatthe myriad socio-economic problems and disparities in America can beresolved equitably vis- 9" SX THE PASSWORD: IfOOßrradwiy Of Life, Law and Christopher Columbus \ ,cflT- »V\°*, \ A THE PASSWORD: iirsTioo,* (2.2)7.9-0200(800)472-8899 ' 1 ,s DavidLask,3L \ ,*» 20 h* Tlmia, telle 9)I lsooairoHw«y *w York. NY. 10036 \ t0.!... HA 02116 (617) 695-9955 (800) 866-7277 (»01)625-5565(203)724-3910 FAX; (617)695-9586 <IW) 719-0200 (800) 472-8899 %*«* \ "* Atfi a-vistherule oflaw, and a quest forthe highest American standards offairness in dispersing justice,notthe mightofa mob orthe overthrow ofourconstitutionalformofgovernment. THE PASSWORD: \\ \\ tougheras itrequires each ofus to examine our ownactions, opinionsandperhaps beliefs. As a startingpoint for your personal discussion, youmightask whetheror notyou were upset, outraged or non-commital over the recent murderofa youth by a Buffalo Police officer who's gunalledgedly dischargedinto the head oftheyouth fatally wounding himashe opened the doorofhis car? Was this a simplemistake, misshap, orhighly likely given the way today's youth rampage through the streets? Did he deserve it? Did he deserve it based on his melanin count? Andhow do we factor in the Rodney King experience? We, as a community, have been so outraged in the past over "wrongs'' whichhave occurred to ourfellow students, so why aren't we likewise outraged when a "wrong" occurs to our fellow community member? These, I hope, are questions which we willatleast attempt to answerindividually ifnotcollectively. Life is so fleeting, ourtime heresoshort,andthetommorrowsbeforeusso plentiful. There ismuch wecan all gainfrom interaction with each other. Much can be passed onbeforeweleave this earth. Andyet, weremain forever embroiled in the battles of yester yearoverbasic issues ofdignity,excellence, compassion, andhope. I remain optimistic onthisanniversary, and I you are too. \ <2.2) 7.9.421 \ \ \ V>RD: \\ , \ V "* 6 ST«moiSo 8899 1 s^tm*' ' 86b W 800, 727^ TAX: (2.2) 719-1421 October 14,1992 The Opinion 9 �From the Balcony Seats byBob Garnsey ofimpending doom, ofan all-consuming evil force(spelled B-O-B)beneath the gende veneerofthe town that, aseven Laura seems to know from the start, will eventually take her life. However, the film is long, dragging out the Laura Palmer deathwatch to the pointofboredom. Therewereat leastthreetimes when I thought itwasfinally going to end, butit justkept going and going, like the Energizer bunny. What is more, the latter part ofthe film has none ofthe quirky humor and oddball characters that made the beginning ofthe movieand the TV show so interesting. Infact,mostofthenotableweirdos from the series-the Log Lady, Nadine (she of the eye patchand obsession with curtainrunners), and Pete Martell, to name a few- are absenthere. IwouldalsoaddthatMoiraKelfy, asLaura's best friendDonna, isa poor substitute forLara Flynn Boyle. Had Lynch giventhis movie more balance, making ita good deal shorter while countering itsdarkerthemeswiththe offbeat, playful tone of the opening sequence, this mighthave been avery good film. But as itis, it's more like two movies, and the results are predictably mediocre. A major disappoint- nightmarish underbelly ofTwinPeaks, focusing onthe days and nights leading up to the murder ofLaura Palmer (now that everyone knows whothekiller is, ofcourse). Unfortunately, "Twin Peaks" is a schizophrenic film thatachieves very mixed results. Thefirsthalfhourholdsgreatpromise, highlightedby an excellentperformance from Chris Isaak as Special Agent ChetDesmond, and ahilarious cameo by Lynch himselfas the hearing-impaired FBI Chief Gordon Cole. Filled with memorable images and the sort of dementedhumorthat enlivened the TV show, notto mention some wonderfully odd dream Before itdegenerated intokooky cosmic sequences, this part of the film makes the camp and terminal silliness, David Lynch's viewerhungry formore. But then this promis"Twin Peaks" was one ofthe most novel, ing storyline comes to an abrupt halt, and the original, and fascinating series ever seen on scene shifts to the Town ofTwin Peaks. The television. Now, nearly two years after the film goes straightdownhill from there. show was mercifully put to death, Lynch's Therestofthe movie follows Laura cinematic vision of the fictional Northwest Palmer (Shery 1 Lee) ona slow,painful descent town has been released in theform of"Twin into decadence and degradation thatwill end Peaks: Fire Walk WithMe.'' inher brutal murderat the hands o fher father, Fans ofLynch' s work willno doubt chillingly portrayed by Ray Wise. As the recognize some familiar themes: the bizarre, doomed homecoming queen, Lee doesa fine grotesque, outlandish dreamimagery,and the jobofconveying die helplessness and terrorof dark,twisted undercurrents ofsmall-town life. a young girl caught in a web ofincest, drug ment. Freed from the limitations oftelevision, Lynch abuse, and forced prostitution. Indeed, the uses the film to delve more deeply into the mosteffectivepartofthe film isits deep sense ...Schools stead goto wealthy children whose ownpublic school systems in the suburbs generally reis its inherent unfairness and discriminatory ceive twice the funding of their inner-city effect. Generally, "school choice," as procounterparts. Additionally, thereisalready a posed by the President and the Republican constitutionalprovision whichprohibits using party would be funded by taxrevenues. Howpublic funding to pay forreligious instruction. ever, thispublic funding will be dispersednot Theproposed funding mechanism for only to public schools, for which it was in"school choice" is a one thousand dollar tended, but toprivateand parochial schools as voucher. Irecentiy asked a friend how much he well. paid to go to aprivate high school. He stated There isfundamental inequity in the that two yearsago hisprivate schoo 1costswere notion thatfunds intended to educate children in excess offour thousand dollars for tuition. attending the public school system may in- FOURTHOUSAND DOLLARS- solely for continuedfrom page 5 ...Abortion to outlawabortion. Two years latertheLegislature adopted a new anti-abortion law and incorporatedmuchofthedoctors' resolution in it. Abortion was made illegal regardless of whetherthe fetus had quickened or not. The common law case cited by Justice Blackman in Roe v. Wade shows how the quickening doctrine was invoked in a 1858 New Jersey case. (State v. Murphy) Interestingly, there is an 1850 case that came out of Pennsylvania that wasalso decided under the common law but not cited by the Supreme continuedfrompage 5 Itisvery wrong,however, to conclude thatthis is the only interpretation ofhistory that the Court could have subscribed to. There is a strong body of evidence that suggests that many ofthelawspassed inthe 19thcentury that proscribed abortion were passed for the explicit goal ofprotecting pre-quickened fetal life. Very little wasknown about thebiolog icalaspects ofreproduction during this period ofAmerican history. PriortothelB2o's,itwas felt bylaypeople andmedical people alikethat the male sperm contained aminiature person whichimbedded itselfinthe womband slowly grew to fruition. Itwasnotknownifthebaby wasalive until the mother could feel it move insideher. Thusthequickeningdoctrinedevelopedasamethodofproof. Before quickening therewasno proofoflife, sonobody could be punished for harming thepre-quickened fetus. Viewed is this light it is obvious that the quickening doctrine did not pass judgment uponwhenlife began, butratherwasapractical way ofproving acrime had been committed. In thelate 1820's, the mammalianovum was first discovered. This embryological breakthrough dramatically altered the positionofmany peopleonthetopic ofabortion. For the first time, there was medicalproof for the proposition that life begins at conception. For many, this new discovery lead to the conclusion that when the spermand the egg unitethere is a new inviable life that deserves the full protection ofthe criminal law. In the United States themedicalprofession lead the anti-abortion charge. Horatio Storer, a Boston physician, lead the AMA's assault on abortion. His book on criminal abortionwas among die first''pro-life' 'books written. In 1867, in New York, doctorsunitedand sent an anti-abortion resolution to the New YorkStateLegislature. Theresolution stressed dieneed to protect fetallife as the chiefreason 10 The Opinion October 14,1992 INTERNATIONAL MOOT COURT BOARD ISVERY PROUDTOANNOUNCE THEN EWEST ASSOCIATE MEMBERS OFTHE BOARD: JEFFREYBAASE CHRISTABOWDEN BRIDGETTECULLEN JACQUELINEJONES STEPHEN LAYDEN SARAHPHJLLIPS MARCREMMLING LOISRUBIN ALESSANDRA ZORGNIOTTI ASWELLASTHEI992JESSUP INTERNATIONALMOOTCOURT TEAM: JEFFREY BAASE CHRISTABOWDEN SARAHPHTLLIPS MARCREMMLING ALESSANDRA ZORGNIOTTI CONGRATULATIONS AND GOODLUCK! tuition. Howmuch utility willaonethousand dollarschool voucher have for families barely able to make ends meet? This voucher will simply help thatportion o fthepublic that falls just short ofthe ability to afford privateand parochial schools. Suffice it to say that this does not apply to most inner-city families. Thus, there lies the inequity predicated upon the notion ofclass. Inherent in suchclass discrimination liesbothracialandgenderdiscrimination. The discrimination exists in the fact that we will retain the same structure that already exists. District lines within which children will be limited to the same old schools willremain. Withinthese districts,schooladministrations will retain the discretion to turn away children based uponthe criteriaithas historically used. As a result, districtswhich have historically segregated their schools can continue to doso underschoolchoice.'' motherwords,' 'school choice is not justanother give-a-way to the wealthy. It is simply a funding mechanism whereby private and parochial schools thatare unable to survive independently may exploit the public coffers fortheir benefit. Court. This case. Mills v. Commonwealth, is highly critical ofthe quickening doctrine. It held that the quickening doctrine "is not the law ofPennsylvania and ought never to have been thelaw anywhere.. .By the well-settled and established doctrine ofthe common law, the civilrights ofan infant in ventre samereare fully protected at all periods after conception." It isthus clear thatmany menat the time opposed abortion- not for the reason that it endangered women's lives- but because it killed viable forms ofhuman life. (As many feminists know, most early feminists were also opposed to abortion.) So, for at least 175 years, there has been opposition to abortion. This opposition wasnotbasedon somefanaticalreligious idealism, butrather on diesimple belief that life begins at conception. (For the sake ofbrevity I have not included citations or footnotes. Anyone who would like cites for the cases I discussed, please place yourrequests in Box 148.) Mysteries UNSOLVED . THEJESSUP hATM KORBULi® �The Docket What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: AliciaPartnoy, formerPrisoner-of-Conscience inArgentina,Poet, Author and Human Rights Activist Wednesday, October 14 at 3:30 pm FacultyLounge(Rooms4s),o'BrianHall She will speak on her experiencesandread her poetry. "TheDefiant Ones," a film presented by theCrime andPunishment Video Series Wednesday and Thursday, October 14 and 15 at 6:15 pm Room 106,0'Brian Hall Admission is free. Milk was theopenly-gaymemberoftheSanFrancisco Board ofSupervisors whowas murdered. What: When: Where: Lowdown: BarbaraKavanaugh, Attorney and Mother Tuesday, October 20 at 6:00 pm FacultyLounge (Room 545), O'BrianHall She will discuss the recent adoption ofherchildrenby herlesbian partner. What: . Assistantsfor teaching Researchand Writing are needed fortheSpring semester, 1993. When: Interestedstudentsshould submit a letter describing their qualificationsfor theposition andaresume to the Dean'soffice (319 O'Brian) no laterthan Tuesday, October 20. Lowdown: The jobcarries a stipend of$ 1650andone-halftuitionwaiverfor the semester (total compensation=s29oo). When: Where: Lowdown: Monday, October26at3:3opm Room 109,O'BrianHall Domestic ViolenceAwareness MonthFilm Event What: When: Where: Lowdown: I "SomethingAboutAmelia" "Scared Silent," andspeaker Amy JoFricano, Niagara CountyAssistant District Attorney Tuesday, October 27 at 4:00 pm IstFloorLounge.O'BrianHall DomesticViolenceAwareness MonthFilm Event "A Question ofldentity: Biological Testing andtheLaw" Saturday, October24 from 8:30 am to 12:00pm CenterforTomorrow Speakers include: GaryM. Stuhlmiller, Isabel Marcus, Scott E. Friedman, andShari JoReich. RSVP to University at BuffaloSchool ofLaw Alumni Office, 320JohnLordO"BrianHall,NorthCampus,Buffalo.New York 14260,(716)645-2107 ...Crooning, tance from Dave N. Jenn and non-law student, Sarah Breen, madea great effort to chaperon this inexperienced bunch of to complete a version of "Enough is potential tortfeasors. Whengivenleave to Enough despitethefactthatthe Karaoke sing,however, we didourbest not to let a machinekeptmalfunctioning. Ms. Breen, naturally shy demeanor get in the way of who is die sister ofa law school alum, ended thenightwithapowerful' 'Overthe embarrassing ourselvesmightily. My unRainbow" whichbroughttears tomany in fortunately sober versionof "ComeaLittle Bit Closer" would certainly have been the audience. Whata night! Anyone interested in attending abettedbyafewmoreouncesofale. Later futureKaraoke nights should seek out any a in the show, I wasable to survive choppy ofthepeoplementioned in this article. All with rendition of''UndertheBoardwalk are welcome. some muchneededand appreciatedassis- continuedfrompageB What: AttentionLaw Students: Rugby Players Wanted! When: Practices are Tuesday andThursday evenings at 6:00 pm Lowdown: Join theBuffalo Old Boys Rugby Club. They are a travelling squad that will be going to Ohio, Albany, NewYork City,andRochester.For more informa tion, call Johnat 885-2143 or leave a note in box 142. What: What: When: Where: Lowdown: When: Where: Lowdown: RoomloB,O'BrianHall When: Where: Lowdown: "The Burning Bed" Monday, October 19at4:oopm Room 109,O'Brian Hall Domestic ViolenceAwareness MonthFilm Event What: "TheTimes ofHarvey Milk," a film by Epstein and Schneichen Thursday, October 15 at 7:00 pm First AnnualInternationalAlumni Dinner, honoring Professor Virginia A. Leary Friday October 16;reception at 6:00 and dinnerat7:00 CenterforTomorrow HostedbytheInternationalLaw Alumni. Ticketsare2ssperperson. Formore info, call JenniferL.Krieger at 633-9667. What: When: Where: Lowdown: "TheTracy ThurmanStory," and speaker JudithOlin, Clerk ofErie County Family Court Judge O'Donnell Wednesday, October 14 at 5:00 pm Room 106,0'BrianHall Domestic ViolenceAwareness MonthFilm Event MPRE LECTURE PRESENTED BY STANLEY D. CHESS, ESQ. President, BAR/BRI Bar Review ' More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (mpre). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). BAR REVIEW The Nation's Largest and Most Successful Bar Review. 1500 Broadway, New York, NY 10036 (212) 719-0200 • (800) 472-8899 • (201) 623-3363 • (203) 724-3910 FAX (212) 719-1421 • 20 Park Plaza, Suite 931, Boston, MA 02116 (617) 695-9955 • (800) 866-7277 • FAX: (617) 695-9386 bar/bri AT* Bl CC \ mammammmmmamK^mmmmmmmm^ Date: A«r* /*\ + «-» H1 » \*S CT% \» _~ Time: /f\ AAA m O T)fJi KOOtA I* 0 (t> ■■■■■■■■■■■■■■■■■■^^^^^^^^^ October 14,1992 The Opinion 11 �(21)79-02 Indivualze BAR/BI BAR/BI Min-Revw Comprehnsiv, BAR/BI A n s w e r s c o u r s e M u l t i s a e V o l u m e E s a y s York's M u l t i s a e E s a y s M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing Concise Multisae includes: O u t l i n e s Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: Gilbert review recive: enrol When (203)74-910 Reviw (Regular Miler <tu*,■on":Multisae (Regular tuion:courseDISCOUNT register " Mo r e MPRE With Atorney Model NeYorwk NeYorwk NeYowrkExpert CRevi w linc™ Essay Model t2h5an0 Grade an°10 TopicsCoverage ■ ■ ■ ■ ■ Q ■ ■ ■ All & - & on New York, NY With ■ Course FAX: (212) 719-421 19 3 BAR/ $75.) BAR/B I jl $325)Exam Min-Revw REVIW (Your bar ha $200 New + $1 95.) York off Es ay tui on. the s t u d e n t Workshop Advantge our displayBAR/ I your goodhow For just Now, $1395 q u a l i t y e x p e r t s had lecturing. Every "I no on the for idea f r e e the ask the first to or you find the law, on of year, e x p e r t s l e c t u r s yourself typical on are atbhouet for a of you'l by the of the bar this out is and In return, stop time, BAR and REVIW „ You you by New you York bar w£h> review for NoY»H course. BAR/B I the _jt B A R / l ' s t h o u s a n d write your e x p e r t s audiotape BAR/ I course lectur s. BAR/ I studentvideotape alercetu.r s can was BAR/ I directly. go d," exam BAR/ l's students repsntaive, sampling rave or and BAR Reviw tui on: CPLR + ■ of | c o m e n t . earful. tablecourse, own Largest Bar $195.) an Nation's Personalizd FRE The FRE The get The Most The Bar ■ ■ all Law " BAR The & A and ■ K 0 ? , » lh A New ■ ™ II f / Belivng HearingBAR/ I With B^ \ U\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0e7c20daee9ca3c7a69e6d87f9505e3a.pdf 4053f319b8dd50cfc114452c18197c77 PDF Text Text THE OPINION Volume 33, N0.6 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW October 27,1992 1 Supreme Court Upholds Susan Jones Conviction byK.Jillßarr it seems, did not take that suggestion. On thewinning side ofthe argument, Mr. Mercer Women who have been convicted ofpassing illegal drugs to a minorthrough pregnancy and birth may now berequired to undergo Norplantimplementation according to aunanimous decisionhanded down by the "United States Supreme Court". The Moot Courtroom in Buffalo was the site ofthe 6th Annual Charles S.Desmond Memorial Moot Court CompetitionFinals, the lastround in aweek long competition. When the decision was handed down by the highest court, Brian Mercer and Gary Simpson had successfully represented the State's concerns and were declared the first place team. Mercerand SimpsonarguedfortheState'spositionthatthePetitioner, Susan Jones, was not denied her Bth Amendment rights under the prosecutorial scheme designedby the staterequiring probation and Norplant implementation. Mercer and Simpson furtherargued that, even thoughthe right toprocreate is subject to strict scrutiny, under such an analysis the petitioner's rights were only protected to a lesser degree due to her conviction. As representatives for the Petitioner, Helen Pundurs and Jennifer Willig put forth an argument advocating fortheirclient's fundamentalright toprocreate and her status under the applicable criminal statute. Pundurs argued thatthe state law presented a ' 'novel prosecutorial strategy that in essence punished the wrong behavior. She claimed thatthe statute was incorrectly applied to herclient by suggesting that the act the law is meant to punish is conduct. The K. JillBarrpresents theDesmond Memorial Moot CourtFirstPlace TeamAwardtO GarySimpson andBrian Mercer Photo: DanHarris Petitioner's attorney unsuccessfully asserted thather client's status as an addict was the correct application ofthe law, not her conduct, which was passing drugsto her child throughthe umbilicalcord. In aflurry of exchanges between the court and Ms. Willig, the court soughtclarification ofthe issuethattheclienthadgivenupher Constitutional right toprocreate by waving incarceration and choosing the probationand Norplant implementation. Willigforcefully responded that the "choices" were, in reality, not choices at all. She went on to suggest that residential rehabilitation would accomplish the sameresultless intrusively. The Court, Ex-Hostage Holds Audience Captive byPaulßoalsvig, 14, the Western New York community hadthe opportunity to hear the wordsandwisdom ofthe manheld longest in captivity by Muslim terrorists in Lebanon. BatavianativeTerry Anderson, former Assodated Press Bureau Chief and Middle East correspondent,told theaudience of3800 people atthe Alumni Arenathatwhenhevolunteered in June of 1982to go to WestBeirutand cover the events thatweretaking place there, it was agreatopportunity, an' 'exhilarating,exhausting" experience, and themost intenseplace he had everbeen. Although hismemories o fthe Middle East will forever be clouded by his experiences as a hostage, he admitted he still loved thepeople andplaces ofthe MiddleEast His captors, rather thanbeing representative of Muslims as a wholegroup, werea tiny fanatiTerryAnderson Speaks atAlumniArena cal faction ofa rather small wing ofIslam. It Photo: Paul Roalsvig is a shame, Andersonremarked, that the first image thatcomes to mind for mostAmericans intransigenceofthe Hezbollah (themostradiofIslamic people is the face ofa wild-eyed calfaction), madean error in judgment(or as terrorist, when the overwhelming majority of he called it, "a sudden attack of stupidity"). Hetotally forgotabout the events ofthe previMuslims are wonderful, caringpeople. Over the years, Anderson noted, the ous day, when hehad eludeda carwhich had Palestinians and Shiite Muslims had been chased him through the streets ofBeirut. The given very little notice by the media. In the next morning, after eating breakfast, he wake ofthe post-World War II Middle East nonchalantly left his then-6 month pregnant treaties,these groups hadretained very little wifefor aroutine tennisappointment Chased political andeconomic power, and the Shiites again by a car containing four young men were oftenignored due to theirrelatively few brandishing guns,hewas not sohicky this time. He was told by hisabductors thatheshouldnot numbers. All that came to a dramatic turnabout, saidAnderson, when theU.S. Embassy worry,sincethiskidnapping was' 'political.'' Mr. Anderson's onlyresponsetothiswas: "Oh inBeirut was bombed. Spurred on by the success ofthe Ayatollah Khomeini in establishing Shit!" a fundamentalist Moslem state in Iran, the He was blindfolded, chained, and thrown into a cell. Many of the events that Shiites throughout thearab world werebecoming a force to contend with. OnMarch 16,1985, occurrednext are stillunclearto Mr. Anderson, TerryAnderson, whowas inLebanon working Ex-Hostage, continuedon page 10 on astory about thepower ofthe Shiitesand the .. asserted thatthe Court ofAppealswas correctinruling thatthe passing ofthe illegal drug to the newborn was conduct underthe statute. Even though theCourt drilled Merceron whatknowledge anaddict can have, hestood his ground. When Chief Justice Denman commented thatthePetitioner didnot know she wouldbe delivering the child when she ingested the drug, Mercerasserted that she should haveknown andthatthe state enacted ageneral statute which is designed to protect children.'' He commented further that it is a heinous act to take drugs whichwill create an addicted baby. The finaloralargumentwasmadeby Simpson for the state. Simpson clearly set forth the main points of his argumentcontending thatNorplant does not violate Petitioner's fundamentalrights. The compelling state interest, Simpson maintained, is to prevent thegrowing number ofcrack babies in this country (and implicitly withinthe state) and the societal costs whichare associated withthese children. ' "Thesechildren are not the children of(the Petitioner's), they are the children of New York State!'' Simpson declared to makehis point. Whenasked by JusticeMurphy whatthe state' sposition would be ifthere wasa violentreaction to the implants, Simpson acknowledged thatanamended hearing would take place. Murphy queried further, "Then the state wouldincarcerate?". Simpson'sreply, "Notnecessarily, therecouldbe othermethods developed.''. ...SupremeCourt, continued onpage 10 DesmondAwardWinners Ist Place Team: 2nd Place Team: Gary Simpson and Brian Mercer Best BriefAward: 2nd Best Brief: 3rd Best Brief: 4th Best Brief: sth Best Brief: JenniferWillig and Helen Pundurs Michael Mahar and MichaelYehl Joel Sunshine and Sarah Swartzmeyer RobinKaplan and Remla Parthasarathy Amy Sassenhausen and JaneWade BestOralist: 2nd Best Oralist: 3rd Best Oralist: 4th Best Oralist: sth Best Oralist: Brian Reddy Robert Nieweg Kevin Woods Bridget Cullen Andre Vitale Semi-Finalists: Bridget Cullen and JohnDillon Kevin Raphael andKevin Ross Quarter Finalists: Robert Nieweg and Brian Reddy Joel Sunshine and Sarah Swartzmeyer Michelle Crew and Marianne Mariano Amy Sassenhausen and JaneWade JenniferWillig and HelenPundurs HIGHLIGHTS Group Spotlight Editorials & Commentaries Great Grade Debate SoccerTeam MakesFinals 3 4-5 7 8 �I REGISTRAnON MUST I LL/l/yZ I -*»**-- II I I The Pieper Course Includes: * fefly writing |H Complete lecture B B |B - , WITH THE Hfcl Hi IH HiIB jg IAH HIV * Multistate Practice * and Exam + Multistate Professional Responsibility Exam I WPPTBT UlllAll * """ ■ Multistats Volume y| H + New York Law I * Law student's discount of $200 will be deducted from the cost of $ 1,300 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November I. 1992. ■ B B ■ Volume Professional Responsibility H /lia JUflfl I itper O /rj (~*JfIQQ filltHflnrP ill-\JIUOO UUIUUiILC I ! For more information see your Pieper Representatives or contact: PIEPER NEW YORKMULTISTATE BAR REVIEW, LTD. B The Bar Course That Cares. |H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 PIEPER REPS.: Deborah Barone.JackCanzoneri,AndrewO'Brien,David Smith,DavidTeske �The System FailsWomen GROUP SPOTLIGHT will bea series featuring a differentstudent group each issue HomelessTask Force by Kevin P. Collins, News Editor The Homeless Task Force (HTF) was started twoyearsagoby Ms.BarbraKavanaugh, the Supervising Attorney for theHousing Unit ofNeighborhood Legal Services (NLS). Ms. Kavanaugh discovered thatmore and moreof her clients werebeingevictedand that they did notknowwheretogoorwhomtoturnto forhelp. Ms.Kavanaugh learned, through personaljob experience, thathomelesspeople have adifficult time going to a law office in order to receive legal assistance. She furtherrealized thathomeless peoplehave a tough timereceiving any legal help at all. John Jablonski, 3L, was the first law studentcoordinator, whenthe HTF was started and he helped set up the program in order to incorporate volunteer law students. Bob Gormley, 3L, wasthecoordinator lastyearand is also a volunteer this year. The purpose ofthe HTF is to provide basic legal assistance to homeless, or nearhomeless, people and indigents. The HTF provides better access to legal services by actively seeking out people insteadofwaiting for them to have to try to find legal assistance ontheir own. The HTF educates people as to theirrights inorderto makethemaware ofwhat rights they have, thus empowering theirclients withknowledge they had previously not been privy to. The usualproblems HTFmembers confrontare thattheirclients need help in finding housing, are often improperly locked out of their homes, are denied emergency public benefits assistance, need help in obtaining child custody and support, and also require assistance in getting divorces and orders of protection. This semester, the HTF is going to five sites visiting each site once a week: (1) The StVincent DePaulDining Room on Main Street on Wednesdays; (2) The Little Portion Friary on Main StreetonWednesdays; (3) The Salvation Army- also awomen and family shelter- on Thursdays; (4) The Central City Cafe on Eagle Street on Fridays; and (5) The Friends oftheKnight in Allentown. Whenthe HTF goesto eachofthese sites they do client intake. Sometimes they make referrals to other agencies or organizations which can better or more directly help the clients, such as to the Volunteer Lawyer's Project(VLP). Afterthelaw studentmembers dotheclient intake, they go back to the Housing Officeanddo CaseReview withMs.Kavanaugh or another Supervising Attorney. After this consultation, thelaw students open theclient's case file and write letters to the client with informationregarding their situation, how the law applies, andperhaps areferral to anappropriate unitwithinthe NLS oran outside agency, suchastheVLP. Thelaw studentmembers of theHTF oftenadvocateonbehalfoftheclients, especially with regard to social workers, in order to straighten out the clients' benefits. When it becomes time, thelaw students then closethe clients' fileand send a closing letter to the client. The two core law student members of the HTF thisy earare 2L JoeAntonecchia, Box #603,and2LDebGottschalk,Box#663. They are responsible for covering the site visitsand for supervising thevolunteerlaw studentmembers ofthe HTF. Those who wish to jointhe HTF should look for notices next semester. Itrequires a serious commitmentonthe student's part,and aresume and astatement ofintentarerequired. Thosestudentswhodobecomevolunteermembers ofthe HTFhave to go to a site oncea week and attend aCase Review with the Supervising Attorney. " members... get to learn and practice basic ... legal skills [and] advocate on behalf of the clients..." Primarily,the HTF existsbecause there is a real need to extend legal services to indigents and toaddress thelegal needs ofthe homeless ornear-homeless. Students who join the HTF haveanopportunity to get involved in something worthwhile off-campus. Members ofthe HTF get to learnand practice basic legal skills such as doing client intake, handling client files, writing clientletters, developing advocacy skills with social service departments, working with experienced attorneys, andescorting clients to court. Membersofthe HTF workwithand learn manyareas ofthelaw, especially poverty, family, housing, student loans, public benefits, and administrative law. We can look for the HTF to run a food drivethissemester. The HTF also plans to hold informative events by bringing speakersto and setting up displays on the law school. The HTF is open toall law students ofall years. Currently, thereare two (2) core membersandten(lo)volunteers. The HTF operates outoftheNLSOffice,Suite49s,intheEUicott Square Building, 295 Main Street, Buffalo, New York. by Tracy DaleSammarco, StaffWriter What protection does the criminal justicesystem offer forwomen whoare subjected to domestic violence? Do the writtendomestic violence policies ofthe law enforcement establishment ever translate into workable standards for the safeguarding ofwomen's rights in the real world? Do such written policies even exist? Theseare tough questions to answer. At best, wemay make some feeble arguments on the side of law enforcement- it does the best thatitcan under the circumstances. Atworst, thesequestionsbring home thehard truth;arift exists between policy and affirmative acts of protection for women coping with domestic abuse. We must ask ourselves, "Ofwhat use are policies and standardswhen they lie dormant, unenforced by law enforcement officials?" ' 'The Tracy Thurman Story isarather chilling example ofthe failure ofthesystem to protect one woman from the violence ofher estranged husband. It is an actual case ofa woman who brings suit against the police departmentofher hometown,Torrington, Connecticut, after she is repeatedly threatened, abused and nearlykilledby her husband without any attemptat intervention by the police. The film was presented by theDomestic Violence TaskForce, the Association ofWomen Law Students and theBuffalo Public Interest Law Program on Wednesday, October 14 in O'Brian Hall. Following the film, the chiefattorney in Neighborhood Legal Service's lawsuitagainst the Buffalo Police Department, Judith Olin, made a presentation to the assembly. Olin spoke about thelawsuit, which was based on the BPD's failure to comply with New York state's domestic violencelaws, andabout the situation in Buffalo today. She said that Thurman's story, though afairly extreme example ofthe failure ofthe system, mirrors to some extent the experiences of women in Buffalo. Olin cited examples of local law enforcement officers' attitudes when dealing with survivors ofabuse. She said that in one casean officer toldawoman thathe didn'tlike having torespond to calls in which therewas no "bloodrunning." Anotherofficeraskeda woman why shecouldn't put up with " alittle abuse considering the fact that she lived in sucha beautiful home. There existed in Buffalo apervasive notionthatdomestic violence wasnot a seriousenough issue forthe police to expendtheir energy on. The speaker felt that comments and action, or lackofaction,by police officersare especially detrimental to women who are abused because the officeris the first contact a woman has withthe criminal justicesystem. If treated with disdain in the initial proceedings, a woman isless likely to pursue the issue and obtain the help to protect herself from furtherabuse. The thrust ofthe Neighborhood Legal Services lawsuit against the BPD (then under the direction of Commissioner Ralph Dagenhart) was mat Buffalo officersconsistently failed to read women the mandatory notice ofvictim'srights required under New York state law. Many women complained of both the cruel and indifferent treatment they received atthe hands ofßuffalopolicemen and ofthe fact that they were never informed of their rights. The lawsuit was won, but Olin regrets that the lines ofcommunication between officers and domestic violence agencieswerenotopenedby thecase. She feels that there is a need for greater interaction with officerstohelp themin theirunderstandingof the issue. Today, according to Olin, the BPD is moving inadirectionmoreconduciveto serving theneedsofwomen whoareabusedby their partners. However, she stillrefers to Buffalo asa 'timebomb having' 'no coherentpolicy on domestic violence.'' Olinhopes that under the direction ofCommissioner Donovan the BPD will formulate such a policy. Now, as a resultof thelawsuit, the police inform women oftheirrights. Additionally, the police have opened uptheirrecordsof domestic violence calls and the actions taken by the department to outsideagencies. Onemajor stumbling block to protecting womenfromabuse is thatalthough anarrest can bemade without the officeractually witnessing theattack, itis unlikely thatthe arrest willlead to anything. The standard for''assault' ' is sohigh that it is extremely difficult to convict the abuser. (McKinney's, for example, lists cases in which people are assaulted by being hit overthe head witha gun, and yetassault is not found.) So, whileintheory the police do not have to see any physical manifestations ofthe abuse, in reality, they have to. Lawsuits againstmunicipalities are alsodifficulttowin,saysolin. Although Tracy Thurman won ajudgmentf0r2.3 million in her lawsuit, hercase is notthe standard. Thurman was so savagelybeaten thatone hemisphere of her body lost motorcontrol,andthe otherlost nervous perception. Herhusband slashed her throat and face and jumped on her head while perhaps a dozen witnesses, including a Torrington police officer, looked on. THEROAMINGPHOTOGRAPHER The Opinion Editorial Board announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So. be prepared to smile the next time you shoot off your mouth in the hallways! U.B Law Students Protest Military Recruitment byScotFisher andNancy Johnson OnThursday,October22, thefifthfloor ofO'Brian Hallwas littered with a dozen orso law students lying on the floor directly in front ofroom 508. Notcoincidentally, representatives from the United States Marine Corps were holdinginterviews thatmorning forpositions in the Judge Advocate General (JAG) Corps, the legal arm ofthe military. While interviewees were not denied access to the room by the protesters, avoiding stepping on the bodies clustered in the hall clearly made getting into the room for an interview more difficult. The mainreason forthis demonstration, according to theprotesters, is the currentpolicy ofemployment discriminationmaintained by theMarine Corps, as wellas every otherbranch ofthe U.S. military. This policy specifically exclude gays,lesbians, handicapped persons andthoseovertheageof3s fromevenapplying for positions in the JAG Corps, regardless of their individual qualifications. AsGeoffTagersaid, "ourconcernwas not limited only to the specific discriminatory policy ofthemilitary,but also to theuseofstate facilities, like thelaw school, forrecruitment, as that would further encourage and legitimize thosepolicies." "For example,"added Debbie Gottschalk, "allprivate law firms, in order to use CDO (CareerDevelopment Office) to arrange student interviews, must sign a statement that they will not discriminate against any applicant on the basis of sexual orientation, among other things. But the military is exempt from thatrequirement, and webelieve that that exemption is wrong.'' Whiletheappearance ofthe demonstration was confrontational, the interviewsproceeded withoutincident, and afterwards, the recruiters and student protesters actually sat together for more thanan hourand discussed the military's policy of discrimination in a most congenial manner. As JillBarr pointed out, the idea ofmaking access to the room difficultwas to '' symbolize the bar the gays, lesbians,handicappedandolder students face when seeking employmentopportunities in the military." But even this demonstration was not trulyrepresentative ofthose difficulties, she added, because' 'unlike gays or lesbians wanting to serve in the military, these interviewees were eventually let in.'' This demonstrationwas sponsored by theLesbian, Gay and Bisexual Law Students (LGBLS) and the National Lawyers Guild. Sources confirmedthat a similar demonstrationis planned this week when the U. S. Navy docks at our law school to recruit. Anchors aweigh. October 27,1992 The Opinion 3 �Opinion Mailbox OPINION Boyer Open to Constructive Criticism To the Editor: October 27,1992 Volume 33, No. 6 Editor-in-Chief: Vito A.Roman Managing Editor: Saul tan H. Bap tiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: GarySimpson PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy Staff Writers: Tracy Dale Sammarco, W.F. Trezevant Contributors: K. JillBarr, KarenDraves, ScotFisher, DanHarris, Nancy Johnson, Jay Kalasnik, Kathy Korbuly, Pablo Marchona, Scott Rudnick EDITORIALS Race in the Polls The presidential race is now being run in the polls. In a last ditch effort each candidate wants tocreate theperception thathehas already won, and thus cause the supportersofhis opponenttoremain home, conceding defeatbefore they even casttheir vote. Theothers wantthe opposite. Tothe trailing candidate, creating the perception thathe is closing the gap in thepolls means getting some of his supportersofftheirtushes'' long enough topull the lever in his favor. Ofcourse this race containsathird set ofconsiderations: thechanges in the polls created by H. RossPerot's re-entry into therace. BothBush and Clinton seemto be try ingto convince everybody thathis presence in the race istranslating into better poll figures for each of them. The results remain to be seen on November 3. Playing the polls is a fine strategy in political warfare, but itsays a lotabout the American voter. Politicians know thatthe smallest excuse will keep an American voter from exercising a right which he has long taken for granted. Were exercising the right to vote more difficult than it is now, as it is in most countriesaround the worldtoday, itis unclear whetherAmericans would go to greaterlengthsto exercise thatright. Nevertheless, this election yearhasproduced some dramaticresults. Voter registration is up, and, presumably, voter turn-out will be too. This blessed change, however, is probably due more to the fact that more peopleare feeling thepinch ofhard economic timesratherthan thefact thatcitizens exercising their right to vote is the founding principle behind the political system we call American Democracy. Pinch or no pinch, we should all be out there making ourchoicesknown on November 3, and making democracy whatit is, the voice ofthe people. Trash the Grading System Thiseditorial haspreviously appeared onthispage ina slightly different form, but given the grade survey to be attached to the SBA V.P. ballot, we thought it appropriate toreiterate ourposition. Year afteryear, a new class of lawstudentshas to contend with UBLaw's so-called noncompetitive grading system. The grading system, which makes little sense even to those already here, makes UBLaw students waste valuable time explaining to prospective employers the difference between a "Q" and a "Q." Worse, oncea studenthas even one semester worth ofH-Q grades in his record, there is little incentive left not to get on the proverbial "Q-train." Students quickly realize thatwith this system, the hard-working, yet nonexceptional, studentwhoreceivesa"Q" will always remain indistinguishable from the "laid back" or "just get by with the minimum" student who also receives a "Q." For many, the "Q" grade becomes a safety net which only encourages mediocrity. Theprofessors, too, are abdicating their responsibility ofproviding students with accurate feed-back on theirperformance. Get rid ofthe H-Q system, or at least the "Q* " nonsense, and go back to thetraditional A-B-C-D-F system (or asimplifted Pass-Fail system), asystem which everyone readily understands. In fact, not only are the grades inaccurate, they're usually late! Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpressconsent oftheEditors. The Opinionis published every two weeks during theFalland Spring semesters. Itis thestudentnewspaper ofthe StateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors orStaff ofTheOpinion.The Opinionis a non-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and 1ibel ous content. Letters longer thanthreetyped doublespaced pages will be edited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 645-2147 or placed in law school mailboxes 223 or 611. Deadlinesfor the semesterare theFriday beforepublication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endoi *ed by tr-~ Editorial Board ofThe Opinion. 4 The Opinion ,er2~, 1992 Several misleading statements in The Opinion'srecentarticle,"Faculty Alters Policy onDropping Courses'' (October 14)need to beclarified because theyraise important issues about student participation in the governance ofthe Law School. Thatreport stated," Before the Spring semester [ 1992] the faculty unilaterally, and without warning the students, passed a similarpolicy.' * Actually, this issue didnot come before' 'the faculty for consideration during the 91-92 academic year. Rather, itwas on theagenda ofseveral meetingsofthe Academic Policy and Program Committee, consisting offaculty, administrators, librarians, and studentrepresentatives designated by SBA. The issue was first presented orally to the committee by a faculty member, so the student representatives were' 'warned" as much as the faculty and administration. Afterthatinitialmeeting, Ipreparedadraftpolicy forfurther committeeconsideration duringthe Spring semester. As youreported, SBAraised some cogent objections to the draft, soit wasre-worked inresponse to thoseobjections,and the committeeagreed torecommend itto thefaculty. In addition, I hadseveral one-on-one conversations about this matter with SBAPresidentßrianMadrazo while therevised proposal wastaking shape. Myrecollection is that there was no significant SBAopposition to therevised proposalwhen the Committee finallyadopted it. Thepress ofotherbusiness (including adean search) crowded this issue offthefaculty meeting agendaat theendofthe spring semester, so itwas placed onthe agendafor the first fall meeting. In contrastto the article's implication that "the issue had been all but settled during the past academic year," most faculty learned ofit at the same time the student representatives did-thatis, whentheagendapacket for the September faculty meeting was circulated. Studentrepresentatives were present at the faculty meeting whenthe matter cameup for consideration. Itis not uncommon foreither studentrepresentatives or faculty members to move forpostponement ofamatter ifthey feel more timeis needed forreview and deliberation-as was done with another agenda item at the September meeting, the ...Boyer, continued onpage 8 Professor Blum AdvisesThe Opinion To the Editor: I was amused to see your editorial of October 14 regarding "threats from the administration.'' SinceIdo indeed have some timeonmy hands andmiss teachingthe first amendment course- which I hope the school will again someday offer-1 thought I would jump the gunand giveyou some basic advice on how to avoid any risk oflibel suits. The Constitution precludes any imposition of strict liability for libel, so the standard at its strictestis anegligence standard. Since The Opinion onlycomes outevery two weeks there istime to giveadvance copies ofprospective pieces to anyone whosereputation mightbe injuredandask themtorespond withinafew days indentifying anything whichthey believe isfalse ormisleading and givingreasons why. If theyrefuse torespond, then The Opinion cannotbe deemednegligent because itdidwhatareasonable newspaper would dounder the circumstances. For example, suppose I were to write acolumn entitled,' 'Tomand me,' 'based on a fusionofthe two popularmovies Less Than Zeroand RogerandMe. The story mightbe both a tale ofperiodic inaccessibility and deception byaninfluentialadministrator, anda tragedy ofason belatedlycoming to understandhis father'sadvice about afatal dependency, but not moving quickly enough to save himself. In my casethe dependency was not on cocaine or any other drug, but on thereassurances and advice ofProfessor Headrick. Actually, the analogy is somewhatflawed because I believe that in the end this story will have a much happierresolution than Less Than Zero. For now my condition moreresembles that ofthe citizens of Flint, Michigan after Roger Smith got donewiththem. Itis conceivablethat sucha columncouldbe injurious tothe reputation ofProfessor Headrick, particularly as regards hischaracter and integrity, butpossibly even touching on the extent ofhis grasp oflegal education. Giventhisrisk, it wouldbeappropriate for The Opinionto submitthearticle in questionto Professor Headrick foradvancereview andhave him identify specifically which sentences, ifany,pose problems. You should discuss with him how wording can be changed to alleviatethese problems. The editorsshould then make reasonable editorialjudgmentsbased on a desire to befairto everyone. Thisshould eliminate anyrisk ofnegligence orlibel. Sincerely, JeffreyM.Blum OnceandFutureLaw Professor Correction to Pornography Response To the Editor: I am writing to inform you ofa serious misquotation in Leslie Pearlman's letter Among otherthings, lam said to support' 'the eradication ofpornography.'' However, this statement never appears in my letter. Ms. Pearlman' s quotation includes phrases thatI usein two different paragraphs. These phrases are men awkwardly linked using words thatare not mine: ''once we promote the viewthat female nudity is naturalas opposed to provocative weare making thefirst step toward theeradication ofpornography as the toolfor the sexual andeconomic subjugationofwomen.'' The underlined portionsare my words-albeit taken out ofcontext Theremainder of thepassage is the creation ofMs. Pearlman. Nevertheless, the entirepassage is presented as a direct quotation. Yourreadership is left to assume that I support theeradication (i.e. censorship) of pornography. Nothing could be further from my stated position. Instead, I argue thatby increasing awareness ofpornography and by transforming attitudes about nudity, male demand forpomography will decrease. While Ms. Pearlman has the right to interpret my arguments as she chooses, it is unacceptable to present a blatantly distorted paraphrase as a direct quotation. Therefore, I am requesting that a correction be printed. to the editor. Sincerely, Paul Morenberg, 1L �COMMENTARY: Trials Features Editor By Natalie A. Lesh Did you ever experience a week in which a certain topic of discussion repeatedly arose? Ijusthadaweeklikethat"lwas chased from home to school to work toplay by arecurring theme. I therefore feel compelled to resign myselfto fateand to write mis article instead ofthe one I had intended. Maybe I believe too strongly in fate—probably more than the nextperson-but thatis a differentarticle altogether. The subjectwhich has stubbornly followed me around all week is friends. Specifically, whether men and women can everreally be ttug friends. It's the "When Harry Met Sally" dilemmarevisited. Since I do notwantto limit the application ofmis discussion to heterosexuals, however, I believe thatthe question mustberephrased: Is it possible to be friends with a person to whomyouarephysicalfy attracted? "Fried Green Tomatoes''revisited, perhaps? In the past, I wouldhave dismissed the proposition thatpeople who are attracted toeach another cannotbe friends withnothing more than a quick laugh. Ofcourse they can! Butrecently I have been persuadedthat perhaps thereis more truth in this statement than most people wouldlike to admit. The resistance iswell-founded;the implications would threaten even the strongest and longest-standing friendships. The theory is simple: peoplewho are attracted to one another cannotbe friends because "sex" gets in the way. In order to assess the validity of this theory, I willassume the existence ofa physical attraction. That is, Iwill presume that attraction is the basic source of all friendships. Of course, it is ridiculous to assert that we have a physical attraction to everypersonwithwhomwearefriends. We all have numerous friends to whom we are not physically attracted in the least. In assuming theattraction, however, the challengedtheory is made stronger,andtherefore will be more difficult to refute. Itis important to state thatI do not believe itisnecessarily wrong forpeople to be drawn towards those to whomthey are attracted. Ofcourse, everyonewouldliketo believe that friendships begin on a higher plane and that they are being pursued for something thatis not remotely superficial. Undesirable as it may be, however, ithappens. Move on. I wouldassertthatphysical attractioncan never bethe sole basis for afriendship. At acertain point during each"friendship," personalities and common interests become more important than the attraction which causedtherelationship tobegin in the first place. If two people do not possess compatible attitudes and values, the attraction willwane and eventually fade away. A relationship can certainlyendurefor a considerable lengthoftimebefore thishappens. ButI am convinced that itwill happen, and mat one, or both, oftheparties will realize that it is not worththe effort to sustain the relationship any further. In this case, I submit matthe two peoplewerenever friends at all. Onthe otherhand, twopeople may find that theyhavemuch incommon and that they enjoy each other's company tremendously. If misis the case, the two people are friends. Period. And ifthe friendship destroys the physical attraction, as it often does,the friendship will onlybe solidified. Butthis is where things get tricky. What ifthe physical attraction continues? I can envision fourdifferentscenarios: l.both people admitthe physical attraction and, in deference to the friendship, do not act upon it; 2. both people admit the physical attrac- tionand act upon it; 3. one personadmits the attraction and the otherperson deniesit;and, 4. both people deny theattraction. The friendship may be maintained in every situationabove, except in number three. The reason for mis is obvious: both people will feel awkward in light of the reality they have been forced to confront, and will search for more comfortable quarters, slowly drifting apart. A friendship certainly existed. Once the physical attraction is placed squarely in the center ofthetable and is refused, however, it'sall over. Althoughl saythatitis possible to remain friends in situations one, two and four, it will be most difficult to do so in number four. This scenario has to do with repression. Althoughthismaybethevehicle through which many people dealwiththeir lives, repression inevitably results in frustration and tension. It seems that if two peopleare attractedto oneanotherbutchoose to ignore it,both to each otherand to themselves,this will serveto aggravateand augment the attraction. Again, the people involved will feel awkward, and will not be eager to continue the contact. The friendship may be sacrificed. Both situations one and two reflect the beliefthatthe attraction must eventu- The theory is simple: people who are atracted to one another cannot be friends because "sex" gets in the way. ally beaddressed in orderfor thefriendship to survive. lam persuaded by this argument for the simplereason thatit seems to make sense. If, in fact, there is an attraction present (as I have assumed), it would be dishonest to proceedwithfalse perceptions. Granted, it may bepotentially dangerous to the friendship to permit the acknowledgment ofthe attraction, certainly any relationship isbetter offifitisconducted with honesty. So, can people who areattracted to each otherbefriends? Yes. Sometimes.... Setting the Record Straight on Evangelism byJayKalasnik, 1L During the customary banterpriortothe start ofa recent morning class, I was privy to a conversation concerning the demeanor of membersoftheRepublican Party. The discussion seemed to center uponan element ofthe partyknown as "evangelicals." Asanevangelical Christian myself, I was jarred by an individual's pronouncement ofevangelicals as "fascists." I do notknow whymy classmate deemed it necessary to use such a pejorative term to describe a segment ofthe population that is vast, diverse, and utterlyopposed to the coercive social and economic control inherent in fascism, but I believe it may be prudent to elucidate the fundamental nature of evangelicalism. Hopefully, this will serve to preventotherwisewell-informedpersons from disseminatingan errantand highly prejudicial perspective ofa substantialpopulation group. Evangelicals, by contemporary definition,are generally members ofnonliturgical Christian churcheswho stress the preaching of thegospelofJesus Christ, callingforapersonal conversion experience. The conversion experience involvesavolitional acknowledgement mat salvation is a resultofthe unmerited favor ofGodimputed toanyone whoplaces his total faithin thesubstitutionary deathofJesus Christ. This definitionhaving been stated, itis essential to note mat evangelicals are primarily concerned with spreading the important messageofGod'sredemptiveloveformankind and are political only to the extent that it is necessary to prevent the salvation message from censure. Censure can manifest itselfin many ways,often involving issues inthe political arena. This is why evangelicals have historically been militantly opposed to communism and any public policy which would serve to facilitate the survival of any such totalitarianism. Also, the salvation message presupposes an immortal humansoul which is created at the point ofbiological conception. Having this conviction, evangelicals typically oppose malevolent interference with human life fromthe zygote stage onward. Correspondingly, an evangelical adheres to a constructionist view ofthe Scriptures which in turn glorifies the sexual union ofamanand woman in marriage, but classifies other uses ofsex in other relationships as unnatural and/or ultimately destructiveto the emotional, spiritual, and physical well-being ofmen and women. This beliefleads evangelicals to takea position opposing the promotion ofpromiscuous sexual lifestyles. Although often overlooked by evangelicalism's critics, each of these sample manifestations of evangelicalism is the result of a value system which esteems human life, indeed it presents mankind as having been created inthe image ofGod. Itis a value system which establishes parameters ofbehaviortopreventman'sself-destruction and assure hisprosperity. As intimated above, the convictions of evangelicals have served to thrust many into the political battlefields. Some observers, such as my aforementioned classmate, might construe the evangelical' s unequivocal positingoftheir solemn beliefsas intolerantor even hateful to those who do not share the same views. Withoutcaution, evangelicals are fallible beings whocan become overzealous and even undiplomatic in the expression oftheir views. But as a graduate ofan evangelical Christian collegeand one whohas spentall of hislifeliving among this group,I maintainthat suchan undesirable elementis a definiteminority. Unfortunately, the media seem to thriveon giving opportunityfor groups ofbor...Evangelism, continuedonpage 10 TheOpinion EditorialBoard announces "CROSSFIRE." CJKttSF/RE will bea debate format open to all members ofthe law school community ona topic selected by theEditorial Board. Submit essays on the following topic by November 6,1992. Should U.B.Law Change its Grading System? asdfsdfsdf October 27,1992 The Opinion 5 �Vice Presidential Candidate Statements No Photo Provided Nancy Johnson, 3L Paul Beyer, IL Barbara Hurley, 3L Liketheentire country, U.B.Law School isclearlyinaperiodoftransition. Anew Dean has been appointed, his first charge being to develop a planfor the future ofthelaw school thatwill impactallofyou, bothin theshort-and long-term. Ourchoice, as students, is whether ornot we want to exert our due influence over this process. If so, thenI hope you will seriously considermy candidacy for SBA VicePresident (If you want somebody who'll sit in the SBA officearguing and notgetting anything done, thenl'mnotyourman.) My advocacy experience (lobbyist for the American Cancer Society) and political training (legislative staffdirector in Albany) has taughtme ho w to cut through thecrap and getconcreteresults. Swayingpolicydecisions in favor ofthecauses that I have represented andbalancing the interests ofdivergentparties became adaily parto fmy professional life,and myaccomplishments inthe public policyarena aremulti-fold. Hopefully mostofyou already knowthat my name is Barbara Hurley and that I am Ourinfluence is going torequire continuity in studentrepresentation thatI,as afirstyearstudent,canprovide. Whilesomemay see my first-year status as a drawback,my experience prior to law school speaks for itself in terms ofpreparing me forme position ofVice President. IfI can effectively influence a $40 billion New York State budget, then I can certainlyhandleas4o thousand SBAbudget If I can successfully affect the policy decisions ofa Governorand 211 state legislators, I can certainly work with theadministration ofthe lawschool. Only a cohesive SBA will enable us to advocate effectively on your behalf. Having led broad-based coalitions and served as a mediator/arbitratorfortheDispute Settlement Project of Western New York, I have the requisite skills to bring together disparate individualsand groupsarounda common mission. This background will further add to the running for SBA VicePresident. Just in case thatinformationaloneisn'tenoughreason for you to voteforme, I hope this following personal statement will serve to convince you. Last Spring when Hank Nowak was running unopposed forthis position, I joked to some of my friends that I thought I'd write myself in as a candidate. I didn'treally think about thatincident again until the first dayof the election when I learned that those same friends to whom I made theremarkhad spread the wordthat I wanted to be awrite-in candidate. The fact that these friends hadtaken me seriously wasnot hal fas surprisingas thefact that they and others thoughtitwasagood idea. It was surprising to me simply because I had never even given thought to the idea in any serious sense. However,theseedwasplanted... Aseveryoneknows, Hankwonthatelection byalarge margin but had to resign from the position. Notwithstanding the jobhemay have been able to do,hisresignation has provided a good opportunityforme toreconsidermy interest in, and qualifications for, the position. Several people have approached me to ask whatmy' 'platform is. While somemay think thatmyreply thatl don'thave oneis inconclusive orflippant, I think this in theonlytenable position. I do not think I should have already decided my stance on particular issuesbefore having heard all the information and arguments. Solcannotpromisethatlwillvoteany I am running for the position ofVice President ofthe Student Bar Association because I believe active participation in organizations as well as taking stands on issues are the only ways to empower all people. I think that the position ofVice President should be utilized to facilitate empowerment ofthe diverse studentpopulation toaddress issues that theyfeel strongly about. Thiscould be accomplished through accessibility ofthe SBAand itsresources. Asacommunity activist, I have served on variousBuffalocommunity boardsand committees, such as the Buffalo NorthAmerican Indian Culture Center, the East Buffalo Ownership Program, Trans-Africa, The Buffalo Coalition forCriminal Justiceand asGovemor Cuomo's appointee to the New York State Council on Humanities. I have successfully lobbied to change the legislation concerning NorthAmericanlndiansinNewYork. Icoordinated the American Studies Master's Degreeprogram at Auburn Prison andserved as coordinator for the onlynational North American Indian newspaper/journal, Daybreak. I was extremelyfortunate to work this summer as an intern for the Working Group on Indigenous Populations at the United Nations in Geneva. I am currently the coordinator forthe Graduate Group on Justiceand Democracy. I feel that I have the qualifications necessary to serve effectively as the Vice Presidentofthe SBA. I hope thatyou will vote for me. Thank you. Nancy Johnson certain way, but I can promisethat I will give every issue my individual attention and consideration. I willnotfeel compelled-or even inclined—to votealong any "party line, but willkeep anopenmind when considering the particular circumstances of a situation. I hopeyou agreethatthis isthe best,and perhaps should be theon ly, approach torendering good, sound, intelligent decisions. Thank you for taking the timeto both read aboutand consider my candidacy. Barbara Hurley SBA's ability to represent your needs as a futureattorneys? If so, then I invite you to join me in united voiceforme student body. Finally, consider the following ques- addressing these issues by supporting me for tions: Are you concerned about the grading VicePresidentoftheSßA. lamconfidentthat systematU.B.Law? Do youthinkthereshould wecantake advantage ofmis dynamictime in be changes made to the research and writing the law school's history and significandy afprogram? Do you want meadministration to fect the changes thatare underway. hire new faculty that will serve our needs as Thankyou Paul Beyer Peeling the Polish Off the Politicians byßobGormley When you watch a political advertisement on television or listen to a couple of elected political junkies swap soundbites on ' 'MeetthePress" haveyou everasked yourself "Who are thoseguys?" A recently released collection ofsatel- eat thatsamelunch whilesurrounded by hordes ofreporters and cameramen (' 'Can't I get a table facing the wall?"), he seems to recognize the bizarrely unreal nature of bigtime presidential politics. Jerry Brown could use a touch of litefeeds andcamcorderclips entided''Feed Tsongas" humor. Does thisguyever smile? In takes a step toward peeling alayer or two off hislongest clip, he is seen bickering with an the polishedpolitical veneer ofsuchpackaged aidewhoisstrugglingtostraightenhisne. Hey Jerry, fix the damn thing yourself. goods. Ross Perot makes a briefappearance. Puttogether byKevin Raffertyand James He's on justlong enough to tell an off-color Ridgeway, "Feed" looks at off-the-air moments ofthe presidential candidates during the joke. PatBuchanan is able to avoid making an New Hampshire primary. These collected ass of himself (how did the editors manage that?). Although he does make a quick exit moments are often humorous and, at times, very revealing about the respective candiduringan impromptu press conference whena reporter asks him whyheand his wifehave not dates. Paul Tsongas, who continually displays had oradopted any children. a quick, spontaneous witand an amiable, selfOh yeah, there's also Slick Willieand effacing senseofhumor, comesacross as a very '' Read My Lips'' George. Atthat time,Clinton, who coughsuphalf a lung in one scene, had to likeable guy. Whetherhe' srefusing a restaurant owner'sofferofa free lunch ("I'manew deal withrumors ofmarital infidelity concernDemocrat; wepay forourlunch.")ortrying to ing GenniferFlowers. When asked pointblank 6 The Opinion October 27,1992 during a one-on-one interview ifhe has ever cheated on his wife, he responds, "If I did, I wouldn'ttell you." (On "Family Feud" we'd all shouf'GoodAnswer!"). Atanother stop, whenconfronted by an obnoxiousyoung jerk whoasks himhowmany abortions heis personally responsible for, he is taken aback, but retorts, "Zer0...1 hope to God you never ask anyone else that question. You should be George Bush ashamed ofyourself." doesn'tsaymuchofanything. Hejustkindof stares into space. It's almost as ifthere is not an original idea rattling around in his head. Hmmm? "Feed" is not currently being shown anywhere in Buffalo. I wasfortunate enoughto viewa special showing at the Hallwalls Con- temporary Art Gallery last Friday. If you should see it advertized anytime inthe future, however, I highlyrecommend making an effort to check it out. It is an often hilarious and insightful look at the man behind the mask. Public Interest Internships by Karen Draves From advocating for therelease of Somali refugees from the Paris airpost, to conducting criminal inves- tigations for the Buffalo Public Defender's Office, UB law students, fundedby grants from theBuffalo Public Interest Law Program, spent the summerputting theirlegal educations to good use. Helping students usetheir educationto "do good" is the goal ofthe studentrun BPILP. According to Jill Barr.Co-Directorfortheprogram,' "The summer internships are a great opportunity for first- and second-year students to learnwhat public interestlaw isallabout." By providing opportunitiesforsummeremploymenttheprogramseeks not only to servethe needs ofthose whomight otherwise be denied access to the legal justice system, but also strives to "hook" students onthe idea ofbuilding careersin the public sector. One advantage ofworkingin the public interest, Barr noted, is that interns and new associates are given a lot of responsibility right from the start. Not only is this a great way to quickly gainvaluable experience, but it oftentimes allows students the opportunity to see the results of their workalmostimmediately. "The summer interns this year did amazing things," Barr said, citing as an example a student who worked for the Sierra Club Legal Defense Fund in Seattle, Washington,researching the Endangered Species Actand working on the much publicized spotted owl controversy. Another studentworked onßuffalo'swestsideproviding legal services for the elderly, whilea third spent the summer in New York City representing indigent parents deprived oftheir proceduraland substantivedue processrights by the New York State Department ofSocial Services. Thesuccess ofthe BPILP summer internships andthe organization's ongoing educational programshas led to therecognhionofthe University of Buffalo as aleader in the public interest law movement. Each year UB graduates three times as many students into the public sector than the average American law school. This success, Barrnoted, wouldnotbepossiblewithoutthe generous supportof faculty and students during the organization'sannualspringfund drive, and theenthusiasmofstudents throughout the year. '' Studentinvolvement is essential," says Maureen Olives, the second ofthe program's directors. Because BPILP is student-run, ithas great flexibility. It was student initiated projectthatresulted inBPILP becoming partofPro-Bono Students, acomputerized databasethatlinks students whowish to volunteer withlegalagencies that are seeking volunteers. ' 'We'realwayslooking fornew ideas,'' Olives noted. In addition to seeking new ideas the group is continually in need ofstudents whocan help withits ongoing projects. "This time commitment is up to the individual," Olives said, adding that the program welcomes anyone who wants to becomeinvolved, learn more about BPILP activities, or use resources such as Pro-Bono Students tostop by theBPILP office inr00m516. �"The Roaming Photographer" byPabloMarchona This week'? question: What reflections do you have ofthis year's Moot Court competition? Rex Velasquez, 2L Christina Grana, 3L SaultanBaptiste, 2L "t*»„ "I survived it." "Are youkidding?" It -*..—:«.. <v- i. s a great opportunity for law „* ~_ students, but it's hell to survive.'' Brenda Joseph, 2L "It'sagreatexperience. Every law studentshouldparticipateinit." Views on Changing the Current Grading System Aswehave allheard, ourlaw schoolisatacrossroads. Atnext facultymeeting, thefaculty will bereconsidering ourpresent grading system. In lightofthis, Third YearClass Director,Scott Rudnick and I, in my capacity as SBAPresident, are debatingtheissue ofwhetherUBLaw should maintain the "H,Q,D,F," system, (heremafter''H,Q")orreturntoa''A,B,C,D,F,'' grading system onclass ranking was ofkey importance.'' The memo continued: ' "This report is based onthe recognition thatgrading, aform ofevaluation, is by itsnature subjective. It is so closely intertwined with the particular grader'spersonal standards ofwhat constitutes qualified work that it defies standardization. Our present system, employing numerical grades, averages, andranking, can lead us to believe in the seeming objectivity of numbers. In fact, however, the process by which these numbers are determinedis subjective, related to thegrader'sperception ofperformance andhis evaluationofthatperformance in light ofhis definitionofqualifiedwork. Both studentsand faculty would be comforted by amethod ofgradingwhichwoiUdsupplydefinitionsof qualified' and 'unqualified' work whichcouldthen beapplied uniformly byall faculty in all courses.'' Although the conclusion ofthis memo was therecommendation ofthe' 'H, Q " system, the memo indicated the merit ofthe "A-F" system. Itreads, "[t]he Committee considered variousalternative grading systems, withthe traditionalA, B, C, D,F (sic) system demonstrating themostmerit. TheCommittee felt,however,thatanevenmoregeneralizedsystemwascalled for.one which would present onlytruly relevantdata..." Hence, wehavethecurrentgrading system (hereinafter "A - F"). It hasbeen 22 years, 9 months and ahandful ofdays sincethe change to the " H, Q," with �system. Priortothissystemourschoolemployedapercentagescalerunningfromss%to 100%, with acorresponding lettergrade attached. In 1959,adiscussion among the faculty began inan efforttorefine the gradingsystem in order to address the gapbetween 0%and 55%,and to furtherrefine the degrees ofdistinction in the evaluation ofstudentwork. At mat time,the faculty considered theaddition to the grading system ofpluses (+) andminuses (-) to the scale. Fromthisarose concerns aboutmeapparentover-emphasisontheimportanceofnotonly grades, outclassrank. Subsequendy.aGradingCommitteewasestablished inthe spring of 1968. The work by this committee led to theadoption ofthe current format on December 19,1969. In a memo to Faculty and Students, dated December, 1969, Professor Atleson, then Chairman ofthe Grarling Committee, summarized the new grading format. The Chairman, system. It is my hope that you will submit your impressions to The Opinion in next issue's commenting on studentreaction, wrote,".. .discussions withstudentsrevealedasignificant fact - nearly all problems and criticisms eventually could be traced back to the ranking system. Crossfire! !! Your voice willbe incrementalto the future ofUBLaw School. Whereas students seem to favor amore generalized grading system, the effect ofany grading In Support of the Current System by ScottRudnick Thiscommentary is insupportofthe"H, Q" grading system without any "*" (star) designations. Itreflectsmyviewsonlyandis written inlightoftheupcomingreferendum on the Law School's grading system and BUI Trezevant's wishesto see each grading system defended. The "H, Q" grading system, without any designations, was initiated some twenty years ago inresponse to the increasing competitiveness in law school. Itwas thought thatby creatinglarger gradingcategories students would become less competitive than theywould beby fighting fora smallernumber ofslots inan "A - F" with "+" or"-" grading system. In addition, the H grade would still indicate excellenceand thereby leave room at the top forhonors students. This system has become weakened by the defacto additionofa"*" or "-"designationattached to some grades. I see two problemswiththis. First,notallprofessorsuse the or "-" grades,thereby workin one course thatwouldgeta"Q*"gradewouldgeta"Q" inanother course, depending ontheprofessor's gradingpolicy. Thisdefeatsthewholepurpose of a standardized grading system. Every professor must use the same grading system, andthatis nothow itis now. It is a joketo have professors create grades that officially do not existand thenhave those grades appear on a transcript. or Second, the use of "-" grades creates notthe4-tier gradescaleof"H, Q" but rather a 10-tiergrading system (assuming no "*" or - for the "F " grade). This defeatsthe entire purpose and rationale ofthe grading system. Whatis thedifferencebetween a "Q" "*" "*" "*" ora"Q-?"Betweena"Q-"anda"D*?"And more importanUy, does it matter? WehereatUB Law are allhavethe same goal- to getalaw degree. The grading system I advocate allows us to do thatwithaminimal amount oftension and competition between students. One criticism ofthis system isthat a student doesnot getenough feedback on his or her progress by a mere "Q" grade. My answer is that substantive critiques on exams by professorsand talks withprofessorsprovide feedback far more valuable than any grade label. Goodperformanceisrewardedwith an "H", and mediocre and failing performances have theirgrades too. Why ismere a need to further subdivide the middle? Any answer based on the idea ofcompetition and thepursuitofahighGPAdoesnot persuade me. We should be confident enough in our own abilities not to need a "Q* " as opposed to a "Q",ora"B"insteadofa"B-". lamnothere to "beat" my fellow classmates overa 3 year race for grades. I am hereto learn, and feedback from my professors and peers isperhaps my best yardstick. Weare alsohere to becomeaware ofour strengths and weaknesses as a students and lawyers. We should have theawareness and motivation to beable to changewhatwe don't like aboutourprofessional selves, withoutthe extrapressureofstrivingforthe''A+''.Grades should be an indication ofour progress, not a final destinationnor a prize. Sure, cumlaude is nice, but itdoesn'tmakeanyone "better" or more intelligent. Latin honors reward hard work, as they should. Competition forthe sake ofbeating out your peers should be frowned upon(with the exception notedbelow). So how is one to distinguishoneselfifnot by grades?We should dowhat we enjoydoing for the sake of doing it (and to build up our resumes). Law Review, both Moot Courts, ...Pro, continuedonpage 10 In Opposition to the Current System by W. F. Trezevant - This position forchange to the "A F" system begins withthe original reasons forour current system. In an attempt toreduce competitiveness, andreduce the emphasisofgrades during one'slaw school career, weadopted the "H,Q" format. Itis true thatour currentsystem accomplished the desiredresultofreduced competitiveness. But, the "harm" ofcompetitiveness which was sought to beavoided didnot originate withafive-tier grading system, butrather with a grading system which employed discrete numerical evaluations of a student's work.Thesubsequentproblemof'classranking "as cited by thememo was,andremains the real"harm which wesought to avoid, and not competitivenessperse. Nowhere inourschool have we discouraged' 'competitiveness. For example,forms ofcompetition still existent in our school(e.g. Research positions, TA positions, summerßPlLPpositions, Desmondand JessupMootcourt,Law Review, S.B.A. elections, the various journaland student group elections,and the numerous awards presented duringthe course ofthe year). This competition is not limited to students, butindeed is expanded to faculty members as well. We see evidence ofthis in their efforts to get theirpapers/research topicspublished, or their particular areas of interest solidified with a systematic course of study contained inthe class offerings schedule, etc. Wealso see examples ofthis in the workofthe faculty committees to the extent that faculty members bring to thetable viewsfor improvementofthe school through there-organization ofcoursecurriculum. Without passing judgment on the merits ofthe views ofthe faculty, wecan use their example to buttress the contention that it was never the ' 'competition" causingthe' 'harm to oureducational institution,which we sought toproscribe through the adoption ofthe "H, Q " system. In fact, wehave, through ourconduct, inherently applauded "competition" in its variousformsinspiteofourgradingsystem. It isno wtime tobring our grading system in line with our actions so mat we on the one hand formally recognize competition and on the other hand guard against the degenerative "harm" ofclass ranking. This can be easily accomplished withtheimplementation ofthe "A-F" system. A change to the traditional "A F", system willalsoresolve the tensions that exist under ourcurrent format by providing clearly understood standardsofevaluationsofstudent workforprofessors whileavoiding the''harms'' originally citedyearsago. Thisis not asradical a change as some may believe since many professors currently employthe useofQ* inthe grading ofstudentwork. Theissue ofconcern no w isthatnot allprofessors engageis this type of evaluation. Rather, a change inherently acknowledges this factand makes itsapplicationuniformacross course offerings,thusminimizing the arbitrariness which presently exists in student evaluations. Morepragmatically.employersneedto evaluate students forhiring purposes without having to determinewhattheambiguous marks ofQandQ*mean. The degreetowhich the "H, Q" systemrepresentsabarriertoregionaland national hiring ofUBLaw graduates is disturbing, particularly in such tough times for job offers. Although I do not wish to create a confrontationalrelationship withthe faculty, it is my beliefthat a faculty voteto continue the present system dramatically ignores students October 27,1992 - ...Con, continuedonpage 10 The Opinion 7 �Professor Virginia A. Leary Honored For Work UB International Law Program Buffalo,N.Y.— Virginia A. Leary, professor ofinternational law atthe University at Buffalo, was honored recently by theInternationalLaw Alumni at the UB SchoolofLaw for her outstanding contribution to the development ofthe school's international law program. A dinner was held in her honor at the Centerfor Tomorrowon October 16. A UB faculty member since 1976, Leary wasrecognized as " theforce behindthe development of the international law program," said Jennifer Krieger, chair of the With sivelyontheinternationalprotectionofhuman rights, and has undertaken missions to Sri Lanka, thePhilippines andPakistan on behalf oftheInternational Commissionof Juristsand Amnesty International. Earlier this year, she attended an emergency meeting in Geneva of the U.N. Human Rights Commission to discusshuman rightsproblems in the former Yugoslavia. Atmediimer.professor Learythanked fellow colleagues and students, both past and present, for their continued support, interest, , Law School Intramural SoccerTeam in Play offfs by MichaelRadjavitch, Business Manager The CriminalIntent intramural soccerteam hasbeen active at UB every semester sincetheFall, 1990 semester. OTganizedbymird-yearlawstudentsJorgeGuerreroand Michael Radjavitch, CriminalIntenthas provided law students with the opportunity to collectivelykick the ballaround on weekends,and to showcase theirskills during games against teams predominately composed ofundergraduates. This semesteris, however, differentfrom all ofthe othersby thefactthatmisisthe first semester that the Criminal Intent soccer team has made the conference playoffs. Unfortunately, theyclosed the regular season with a loss this past Sunday,finishing with arecordof 3-2. It shouldbenoted, however, thatboth ofthelosses were in gamesforwhich CriminalIntent couldnot field a full team. The firstconference playoffgame will take place this Sunday, November 1. The currentteam iscomposed ofveteran players Michael Radjavitch, NatalieLesh and PaulO'Brien onthe defensiveencLJohn Justice, JohnFoudy and Mark Schaefer in the mid-field; and David Smith upfront. Recent additions to theteam includeJoan Yemma at fullback; BUI Meyer,Bud Nelson, Steve Tills, Kevin P. Collins, John O'Halloran, and Erin Wolfe in the middle or up front;and AlanRosenthal at forward. Thefirstgame ofthe season ended ina 2-0 loss totheMed Heads,the strongest team in the conference, but Criminallntentwasonly able to field nineplayers for thegame. At mat early date,the roster had notyet solidified and a number of starters were notable to attend. Criminal Intentthenwontheirnextthreegames, by scores of 1-0,1 -0, and2-I.'For each ofthe three games they were able to field a full team and had the necessary subs available. The last game ofthe season ended in a 1-0loss inagameofmany missed scoring opportunities forCriminalIntent. HALLOWEEN PARTYAT MICHAEL,DAVID & DAVE'S PARTY PALACE VirginiaLeary, thirdfrom left, amidst a throng ofwell-wishers, including visiting Professor Catherine Tinker, second fromright, and ProfessorDavid Engel,far right Photo: Palßoalsvig committee thatorganized a dinner in Leary' s honor. Her "creativity, dedication,personal grace, and humor make her highly respected and admired by colleaguesand students alike." During the past fiveyears, Learyhas securedaboutssoo,ooofrom theFord Foundation for direct student support in the internationallaw program. She directs thelaw school's Geneva Internship Program,whichawards stipends for a 10-week summer internship withan international organization in Geneva, Switzerland. Students have been placed with United Nationsagencies and non-governmental organizations in thefields ofhumanrights and the environment Leary also serves as co-director of meUB Human Rights Center, whichfocuseson humanrights from an international andinterdisciplinary perspective, with special reference to economic, social and cultural rights, and rights such as environmental protection, the right tohealth care, discriminationagainst ethnicand groupsrights, and theproblems of development She has writtenand lectured ex ten- and commitmentto the ideals ofinternational law. She alsospoke on recent developmentsin international law,and condemned recentacts by the United States in violation ofinternational extradition treaties and U.N. declarations. Mention was also made ofthepossible implicationsderivedfrom theUnited Nations WHEN: WHERE: DEAL: SATURDAY.OCTOBER 3 1,9:00 PM 573 LIN WOODAVENUE WEAR A COSTUME AND DRINK BEER Desmond Banquet Photos Conference onEnvironmentand Development heldinRio, Brazil overthe summer. Here too, Leary emphasized that theU.S. had only marginallybegun to comply withthestandards and requirements ofinternational environmental law. But on the plus side, governmentaland private sector awareness of environmental issues was steadily increasing, and she was optimisticabout future developments in this area ofinternational law. Leary isa former vicepresident of the American Society ofInternational law, a former president ofthe Buffalo Council on World Affairs, and amember oftheboard of directors ofAsiaWatch andthe Labor Rights andEducation Foundation. A resident ofthe West Side ofBuffalo, shereceived a law degree from theUniversity ofChicago. Srikantßamaswami, aka ChicoSwami, spinning the disksforDesmond Photo: Michael Radjavitch Michael HewittandMike Vhargas smiling after namingBrian Reddy as Best Oralist Photo: DanHam's ...Boyer, continuedfrompage4 proposal for grading system modification. Nobody made sucharequest withregard to the decisionmaking. IfThe Opinionthinks that our current process formaking decisions on matters ofacademic policy needs improvement, drop-addproposal. In short, until the article in question by all means let's identify the problems and appeared in The Opinion, this issue seemed to start developing solutions. This year, the me an example of the way our committee Academic Policy and Program Committee process ought to work to generate consensus (with studentrepresentation) has begun workamong members-ofthe Law School commuing on revisions ofthe Law School by-laws, nity. Thus, I was puzzled by the article's which definethe Law School' s decisionmakimplication thatthedrop-add policy was someing processesandresponsibilities. The SBAis howramroddedthrough withoutadequate stualso revising itsconstitution. Goodcriticisms dent input; it almost seemed that the writer and goodideas will benefit both ofthose delibwas disappointed by the lack ofconflict. erations; innuendo willnot. Although the particular issue is not among the major problems facing the Law Sincerely, School, it doesraise morefundamental ques- BarryBoyer tionsabout studentand faculty involvement in Dean and Professor ofLaw ROCKTHEVOTEH RemlaParthasarathy andRobinKaplandisplayingstrikingproftles after accepting thefourth best briefaward, as Jennifer Pitaressiwhoops itup Photo: DanHarris 8 The Opinion October 27,1992 �I T™ PASSWORD: THE PASSWORD: /■ fA i-m fi\ / m \ \\ w * X so 11 (201)623-3363(203)724-3910 FAX: (212) 719-1421 \S\J) V*-' \\ e> «,, V \ \\ \ \\ , >0\I \\IL> .i** \ WpNlf HOOBroadwiy NewYork.N.Y. 10036 rtfj THE PASSWORD: I 20 Pirk PUzl. Soltt 931 10036 (212)719-0200(800)472-8899 Bolton. MA 02116 (617) 693-9933 (800) 066-7277 20 623-3363 203 724-3910 FAX: (6! 7,693-9386 FAX: (212)719-1421 \ \ 500 Brotaw.y New York, N.Y. 10036 . r7\J\_r\MJ 1500»ro«dwiy New York, NY. \\ *p<V* \ & ' 7/-y fTy / \ v \ C<^*V* \ VO"*" §==? 20 Park Plu*. Suite 931 Boston. MA 02116 (212)719-0200(800)472-8899 (617)693-9933(800)866-7277 (201)623-3363(203)724-3910 FAX: (617)695-9386 FAX: (212) 719-1421 \ V>W>= X \P^<*'&&' \ \ \ \ \ cVirf* »& C >$>$>*' <£$>* * , J COP 1 \*" c\d* *" -jot §=r '**?- <&& 20 Park Plaza. Salte 931 Bwlon. MA 02116 l500Bro»dw«y Kew York, N.Y. 10036 (212)719-0200(800)472-8899 (617)695-9933(800)866-7277 (201)623 3363(203)724-3910 FAX: (617)695-9386 FAX: (212) 719-1421 >'..(V.l MPRE LECTURE PRESENTED BY STANLEY D. CHESS, ESQ. More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). BAR REVIEW The Nation's Largest and Most Successful Bar Review. 1500 Broadway, New York, NY 10036 (212) 719-0200 • (800) 472-8899 • (201) 623-3363 • (203) 724-3910 • FAX: (212) 719-1421 20 Park Plaza, Suite 931, Boston, MA 02116 695-9955 • (800) • FAX: (617) 595-9386 ■■■■■■■■■■■■■■■■■■■ ._ Date: H1 » fj f*p vl. \ i THm-a* *ITO6S - / A Affi X. D A/1 |\OOtA I0VO HHHIIBHHiHHHLBHHHHHMBiIBSHHBHE October 27,1992 The Opinion 9 �...Pro ...Ex-Hostage ...Con continued from page 7 Domestic Violence and Prison Task Forces, International Law Society, the many journals, a paid job outside school, etc.,are all ways to both distinguish ourselvesand worktogether not against eachother - to achieve a common goal. And although some ofAeseextracurricular activities may be based on competitions, thosewhoparticipate do so because mey want to, not because they have no choice. They choose to highlight their strengths. In a competitive grading system, no one can opt out. After all, gradesreally don't mean a thing once you're behind a desk 10 hours a day. But the extracurricularactivities you do in law school are a true indication ofthe person you are. Finally, I keep hearing about how employers are looking forspecific GPA' sor class rankings. I have two answers to that.First, we allknew before we came here what thegrading systemwas like. We may not haveknown the way it is viewed by some employers, but we have only ourselves to fault for that. Perhaps some of us should have asked some more questionsbefore we accepted ouradmittance. Second, it is sad that some employers are so shortsightedas to want afurther grade breakdown. I seems to me that telling an employeryourpercentageof'H's" wouldbe satisfactory. But ultimately an employer is hiring a person, with a myriad of strengths, weaknesses, and eccentricities.People should bejudgedfor who theyare, not for theirability to get a "B+" when the average wasa "B". That proves nothing in the long run and is a completely arbitrary way of judging a person. continuedfrompage 7 continuedfrompage 1. who simply wish to obtain a law degree. It wouldbefundamentally unfairfor a "c lass " of and ittook several weeksfor this initial shock to wear off. Henow found himself inwhat he described simply as "Hell." Survival now consistedofthe dailytaskofsimph/ "dealing" with pain, remorse, suspicion, violence, and the longing to befree. He had to learn to stifle theurge tolash out in anger, sincehewould only sufferadditional ly as aresult. Filthy most of the time, he was allowed only one ten minute period dairy to relieve himself. He was spat upon, sat upon, and periodically poked and prodded withthe barrel ofa gun. It was three and ahalf weeks before he was allowed to sit up, and another three months before he was allowed to speak. In his sevenyears ofcaptivity, he wasmoved about twenty timesfrom cell to cell, each time wrapped up with packag ing tape like a mummy, with only the nostrilarea left open. He remembered ho w the very sound ofthepackaging tapebeingpeeledoff theroll, anindicator thatall ofthehostages were to be movedagain,wouldmakehisbody "shudder" and break out in a cold sweat. He admitted there were times he just wanted to die and remembered telling the guards "Go ahead! Kill me. Shootme nowand my troubles will be over!" Mr. Anderson thentoldthe audience about how he had fared with the nine other hostages. Without the companionship, the laughter, and the shared faith of his fellow captives, he doubted whether any ofthem would havecoped as wellas theydid. Formuch ofhis seven years as a hostage, he was handcuffedtooneotherhostage,Thomas Sutherland, and remarked that he had spent more time togetherwith this onehostage thanmany men will spend together with their wives during theirentirelifetime. Althoughhe neverstopped believ ing that one day he would befree again, he had many doubtsaboutbisability to lastthat long. At times he wondered why God had chosen him to suffer, and couldfindno answer. The whole experiencedeepened his faith, and hefound thisfact slightly ironic in light ofthe fact that he hadrejected the church as a teenager, and had only returned to the church six people whohave chosen anacademic lifestyle to impose their view ofthe correctapproach to the study o flaw viathe useofa grading system whichreflectsthose beliefsonanother " class " ofpeople. Similar to this point is the concept of fairness to students. Its originrests withinthe extremely broadgradingrangeofQ." Just about all ofushave heard ofme discrepancy between the student who studies hard all semester, and ends up withthe same gradetgs a student who studies veryLittle duringthe same semester. Placing this concern in historical perspective, itis truethat our school needed a more generalized grading system from the numerical one previously used, butit is nottrue that the present system accomplished this satisfactorily. Indeed, thispresent system isan months before hisabduction. Terry Anderson had never been a fan ofU.S. Foreign policy, especially in Lebanon and the Middle East, and notedthatthe U. S. is trying to bea "broker inthat geographicarea. This may be a mistake, he said, for the problems ofthat area must firstand foremost be solved byme people thatlive there.Buthe does feel thatoverallthe U. S. handled the hostage situation well. While in captivity, he did not understand why the U.S. did not yield to the demands ofthe terrorists. His longing to go home was so strong, thathe simplywanted the government to pay whatever the hostages wanted. But he said, in retrospect, he now understands theU.S. position, adding thatpaying the kidnappers' price justwould have encouragedmorekidnapping. Hethenmentioned that,ingeneral,U.S. foreign policy is too often made with only domestic considerations in mind. In addition, he said, the tendency has been for U.S. foreign policy to be based on "Realpolitik," that is, on our business and commercial interests. Our foreign policy, according to Anderson, shouldrather emanate from ideals, suchas ourvalues on humanrights and democracy. A question and answer session with members ofthe audience followed, during whichhecommented on hisforthcoming book (Den ofLions, to be published in the Fall of 1993), the role of his sister Peggy Say in keeping his spiritsand hopes offreedomalive, and thestrength ofhis lovetowards his wifeand daughter. Healso addressedIsrael'srole in the Middle East. Israel, according to Anderson, shouldnotholdontooccupiedareas,andmust realize that there will not be peace in the Middle East as long as they are held. Towards the end ofhis presentation, Terry Anderson quoted the philosopher Nietzsche in trying to describe how he felt overall about his experience as a hostage: ' 'That which does not destroy me makes me stronger,'' adding' 'they didnotdestroy me." However, he rejected the view that he was a "hero" ofany sort, stating that heroic acts involve both courage and choices, and as a hostage he never was allowed to exercise any exampleofover-compensation foraproblem which couldhavebeen easily solvedthrough a switch to the "A - F " system. The continuing cries ofunfairnessamong those students who would otherwisehavereceiveda "B" as opposed to anamorphous "Q " standsas atestimonyto thisover-compensation by our present grading system. Theones who ultimately pay are we, the students,and this is dueto the mass lumping together ofdisparateand diverse studentperformance. Ultimately, we can have a significant impact upon the academic environment we wish to live in. We can, after thoughtful consideration, conclude thatthe decisions of those before us werenot as carefully consideredas we would have liked. We can move to Supreme Court modify those choices. We can lobby torefine continuedfrompage 1. those decisions. But wemustonly do this after The Judgesfor the competition, Denman, careful consideration, time, and significant Boy er, Jasen, Koshian, and Murphy each asked experience. At least onthis issue, we findthat pointed questions which were fielded wellby allofthese factors exist. We likewise find that the value-judgments embodied in the present all finalists. ChiefJusticeDenman, in particuwas lar, involved in each argument, focusing grading formatdonotcomeascloseto solving pertinent questions on every issue. In the end the discrepancies, disparities, orconcerns as thejudges commented on how pleased they originally expounded on the issueofgrades. I thereforeask thateach one ofus vote freedomofchoice. were with the level ofcompetition. the election this only vice-presidential in not Denmanremarked thatthe competitors were better prepared and more poised than week, butalso makes our position known on ...Evangelism many attorneys who appear before her in the this very important issue of grading policy, ligion" which denies the existence of any since the is scheduled to particularly faculty Fourth Department. Judge Jasenreminded the continuedfrompage 5 spiritualsovereign whomightrelegate human discuss this issue at the next faculty meeting. participants to always answerthe judges quesbeings to a position of subjugation. In the Thank you for your time. I look forward to derlinemegalomaniac statusto propoundtheir humanist's world,man is the Ultimate being tions, even with an' T don'tknow ifnecesinterests. sary. He also commented that itis important discussing this withall ofyou. and his pleasures must be satisfied at the I would quickly pointouthowever, that expenseofallothervalue systems. Anyother to look at the judge with the question when answering. A comment was madeby Judge done,Gary Simpson andBrian Merceremerged every interest groupseems to have itsradical system threatens the primacy ofman and is fringe, e.g.ATDSactivistswho throw condoms therefore subject to the philosophical trash (Dean) Boyer thatitis importantto haveaclear the first place team. at priests orinterruptCathohe Mass, environstructure in the argument and congratulated Though not emerging as the victors in mentalists whoplace steelspikes trees to be heap- it cannot coexist with secular humanin ism. Gary Simpson on his clarity in setting forth his the final round, Jennifer Willig and Helen harvested, "artists" whoadvocate orrap killIt is just such tripe against which argument Pundurs were awardedBestBrief. Brian Reddy The Moot Court Competition prelimi- received the honorofßestOralistbased onthe ing policemen as a method of establishing evangelicalsseektodefendthemserves. While nary rounds began Wednesday and concluded combined scores ofthe first two nights ofthe control over their communitiesall exemplify humanists endeavor to impose aberrant views ofmorality and personalresponsibility on the Thursday evening. Scores were then tallied competition. Inall, 90 people took part in the this tendency. The crux ofthe anti-evangelical arguandthe top eight teams, 16competitors, comrest of the world, evangelicals have since Competition. Although therecan onlybe one ment seems to be that evangelicals seek to antiquity been the sufferers of persecution peted in the quarterfinals on Friday. Eight "winning" team, all participants are to be own beliefs upon the rest of because teams then became four in the Semi-finals on congratulated for theirparticiparion. Look for impose their they dared to live according to their and fail to respect or even tolerate consciences and by immutable standards of society Saturdaymoming. By 2:00 Saturdayafternoon, all Moot Court results in this edition of the divergent viewpoints or lifestyles. This is a rightand wrong,motivated by a desireto please only 2 teams were left. Whenall was saidand Opinion. serious misperception. Evangelicalshave no a beneficent and loving Creator. The Chrisinnate desire or spiritual mandate to silenGe tianswho were fed to thelions inancientRome, opposing viewpoints. Those who accuse MartinLuther who would not yield his conevangelicals of intolerance to the point of science to the intellectual straitjacket of a exclusion fail to identify, eitherintentionally flawed theology, andthe Pilgrims whosacri- ... Finalists Jennifer Willig andHelenPundurs receive theirawardfrom Michael Hewitt. Photo: Dan Harris 10 The Opinion October 27,1992 or due to inadequate analysis, a belief in an ficed their homes and endangered theirlives absolute standard ofright and wrong as the for an opportunity to worship God freely, all factor which utterly compels them to defend exemplified this quality found today among themselves from societal assaults of their evangelicals. value system. Rather than intolerance, this is Consistent withtheir 200 year history, an act ofself-preservation. It is not illogical to evangelicals today seek freedom to worship assert that it is the critics of evangelicalism and freedom to live without interference from whoare guilty ofintolerance. Theircriticism proponents ofan amoralworld where Godis an may be an attempt to assuage their own anomaly and man is omniscient. It was this malcontentedness and deny admission oftheir desirewhichculminated in thefounding ofour own moral turpitude when held to the free and democratic nation 216 years ago. unassailable standard of traditional values. Novalis,the 18thcentury German lawyerand Hoggs, the English poet, said,''Guilt proves poet said,' 'Christianity is the root ofall dethehardest nearest home.'' mocracy, thehighest fact intherights ofman.'' Critics' accusations ofintolerance notTheevangelical'sdefenseofhisconvictionsis withstanding, it is not the evangelicals who an inevitable result ofhisfaithand hisfaith the seek to force society to accept a value system final bastion ofdemocracy. against its will. Rather, secular humanists have formulated their own man-centered "re- �The Docket asdfdfsdf Boyz 'NThe Hood What: When: Where: Lowdown: What: When: Where: Lowdown: Wednesday andThursday, October 28 and 29, 6:lspmeachnighJ; Room 106,0'Brian Hall Crime and Punishment Video Series. Admission is free Hibernian Law SocietyRecruitment Party Thursday, October 29,9:00-12:00 pm TheDiplomat (73 Allen St., near Delaware) Everyone welcome. Guinness, Harpand food. $5 cover ''Recent Changes in Eastern Europe speakers What: When : Where: Lowdown: Monday, November 2,3:30pm First Floor Lounge Professors Szumanski and Klich, visiting from Jagiellonian University inKrakow, Poland,will be speaking. Sponsored by the International Law Society Attention AllThird-Year Law Students: Commencement may seem very distant, but it is around the corner withregard to planningrequirements. Please take the time to submit suggestions for commencement speakers to MichaelRadjavitch, Box #212. Include yourreasoning and somebasic Biographical informationabout each suggested speaker. I will also be exploring fund-raising avenues and possible sponsors forpotential graduationweek events. Any other comments or suggestions about commencement (including fund-raising events) and possible graduation week events (and sponsors) are welcome. What: When : Where: Lowdown: TheLabor and Employment Law Association Thursday, November 5,3:00 pm First Floor Lounge Organizational meeting for a new student group which will deal with issues oflabor and employment law What: When: Where: Law Day Conference Lowdown: What: When: Where: Lowdown: Thursday,November 5,8:30 am-1:00 pm Student Union, Room 145a, UB Amherst Campus Sponsored by the Black Law StudentAssoc. " Maastricht: A Broken Dream? " presentation Tuesday,November 10,7:00pm Room 109,0'Brian Hall Louis LaFille, Belgian attorney and managing partner ofLaFille andVan Crombrugghe, will be speaking. Sponsored by the International Law Society Journal of International Law Announces Ed. Board The Steering Committee ofthe Buffalo Journal ofInternational Law held elections for the Editorial Board positions on Thursday, October 8, 1992, and the Editorial Board held further elections for vacant positions on Tuesday, October 20,1992. The results of these elections wereas follows: Editor-in-Chief: Michael Radjavitch Box 212 884-1942 ExecutiveEditors: JoiCary Laura Vasquez PublicationsEditors: Francisco Duarte John Foudy Paul Roalsvig* ManagingEditor: Barbara Hurley BusinessEditor: Stephen Lee Technical Editor: JohnOleniacz Recent Developments Editors: TomCannavo Maureen Mahon JohnMartin Give Blood, Date AVampire ++ + + SBA Blood Drive, November 2 and 3 — -^ Revson Foundation Announces Public Interest Fellowship Program The Charles H. Revson Foundation is pleased to announce the availability ofRevson Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of$3,250 are available for first- and second-year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitanarea. The Revson 1993 LSPIN Fellowship Program is being administered by the Public InterestLaw Center at New York University School of Law. Up to 45 grants will be made to students working full time for ten weeks duringthe summer of 1993. Applications and more detailed guidelines can be found in both the Dean's office and in the Career Development Office. LSPIN encourages all interested students to apply. Deadline for applications is Friday, January 29, 1993. Awards will be announced by Tuesday, March 9, 1993. ArticlesEditors: Andres Colon-Perez* Hon Lai* Edward Moy* Barbara Saver* Bob Sisson Indicates result offurther election to fill vacant positions * Please direct any inquiries or correspondence to the attention of Michael Radjavitch, or to any other member ofthe Editorial Board. USE CONDOM SENSE October 27,1992 The Opinion 11 �(21)79-02 Indivualze Reviw Clinc" BAR/BI BAR/BI Model Atorney model Min-Revw Comprehnsiv, Coverage BAR/BI A n s w e r G r a d e 2 5 0 c o u r s e M u l t i s a e V o l u m e York's E s a y s M u l t i s a e M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing COountlicnisees Multisae includes: Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: Gilbert review recive: enro When (203)74-910 Reviw (Regular Miler Multisae $t1ui9o5n:.)courseDISCOUNT register ■ ■ ■ ■ ■ MPRE ■ SL^JF*™" All & A New ■ ■ Mo r e With Q than Essay ■ New & NY of Bar (212) 719-421 19 3 BAR/BI FRE The FRE The < $195.)(RaregU Re 9 tui on: CPLR $75.) Min-Revw ular + tuilon: | bar/BRI ■ ■ 325 Exam * > ha bar (Your $200 New -|York Es ay s t u d e n t Workshop Advantge For just for $1395 Hdt B A R / B I V the B A R / l ' s t h o u s a n d e x p e r t s your audiotape BAR/ I c o u r s e l e c t u r s . BAR/ I studentvideotape alercetu.r s can was BAR/ I directly. go d," exam BAR/ l's students repsntaive, sampling rave REVIW or the on e x p e r t s l e c t u r s a b o u t yourself typical on are the for a of you'l by the of the this bar find out is and In return, stop you bar \ l j h . r e v i e w the tui on. course. of first New you York off "I time, you —a i d e a t h e law, for f r e e ask the the write to REVIW „ You by q u a l i t y e x p e r t s E v e r y l e c t u r i n g . h o w had displayBAR/ I your com ent. no on year, our BAR and n or and BAR Reviw The earful. tablecourse, own goodNow, Largest Bar ■ an Nation's Personalizd ■ get The Most ■ on all Law BAR Course FAX: Topics & WUh York, The ■ New New NewExpert York York York I and ■ ™ II f / Belivng HearingBAR/ I With W \ U\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4a44cf411013f059c830ca510259adde.pdf b2244c8eb87109837b300d27a8f61452 PDF Text Text Volume 33, N0.7 TO HE PINION STATE UNIVERSITY OF NEWYORKATBUFFALO SCHOOL OF LAW November 10,1992 Polish Professors Discuss Recent Changes in Poland by Sharon Nosenchuck No w that theIron Curtain has beenpulled down, how will itaffectthelaws oftheformerly CommunistEuropean countries? On Monday, October 2, the International Law Society sponsored adiscussionon' 'TheRecentChanges in Poland.'' Pro fessors Szumanski and Klich, from the Jagiellonian University in Poland, talkedabout thegrowingpainsoccurring during Poland's switchfrom a socialist to a capitalist economy. Professors Szumanski and Klich are teaching a law school course this semesterat U.B. entitled "European Post-Communist Countries inTransition: Legal and Economic Aspects. The two Poles ordinarily teach at the JagiellonianUniversity in Krakow, Poland. Krakow is on UNESCO'S list ofplaces of World Natural and Cultural Heritage. The Jagiellonian University, founded in the fourteenth century, isoneofthemostprestigious universities in Europe. Professor Szumanski is a practicing lawyer inKrakow, inaddition to teaching at the Jagiellonian University. Pro fessorKlich is an economist who teaches at the Jagiellonian University. Besides teaching the course at the UBLaw School, ProfessorKlich isworking in theUß SchoolofManagement. During their discussion, the two professors spokeabout therestructuring ofthe in Poland to theirhome country. Additionally, foreigners could not own a majority interestin VisitingPolish Professors Klich andSzumanski Polisheconomy fromacommand economy to a marketeconomy. Theyspoke aboutthe process for converting state enterprises into privately-run entities.Additionally, Szumanski and Klich discussed the creation of capital markets in Poland. Szumanski spoke on thetopic offoreign investment inPoland. He said thatbothPoland and the foreign investor can benefit from investment intheformer Communist country. Polandreceives hard currency andtheforeign Lavender Law I I byDebbie Gottschalk UB Law students Debbie Gottschalk, 2L, and Rhonda Weir, 3L, joined over fivehundredattomeys, judges, studentsand activists for Lavender Law 111,the third biennial conference ofthe NationalLesbian and Gay Law Association inChicagoonOctober23-25. The conference featured more thanfifty sessions convering a diverserange oftopics. In additionto formal discussions, caucuses were held by people ofcolor, women, students, peopleliving with HIV/AIDS,and people with disabilities. Gerald Mclntyre, an attorney from Savona, New York,noted that,"comparedto theothertwo[conferences], andinspiteofall the problems, likethereferendums in Oregon and Colorado, the advances we've made are really remarkable. [People] are talking very differentiy, what was cutting edge before, people are talking about in terms of specific strategies, not just in terms of setting precedent" Attorneys from Alaska to South Carolina, Missouri to Hawaii, spokeabout thework that they are doing in their communities and shared the differentstrategies they employed. At the advance family law session, people talkedaboutlegal strategies thattheyare using whenthey write contracts forsurrogatemothers and third-party sperm donors, as well as concerns about the rights ofchildren. Other issues discussed were the need to educateother attorney sand judges against homophobia, as wellas the need to makelesbians and gay men aware that they often do have legal rights, especially regarding custody, and accept unjust settlements to avoid going to court. Of local interest, New York is one of onlyfiveorsix states thathas allowed gay and lesbian co-parentadoptions and Buftalo'sadoptionsare the only ones tohave (HXiuTed outside ofManhattan. In Washington, gay and lesbian co-parentadoptions have become so routine that the Department of Social Services has Photo: Paulßoalsvig investor gets comparatively cheap European labor and access to Polish markets. Szumanski told theaudience thatPolish lawsarechanging, making it easier forforeignersto investin Poland. UnderCommunistrule, it was difficult for foreigners to invest in Poland, he said. To protect the socialist economic system, the Staterestricted legal forms of doing business. Under the Communists, foreign investors could not ownreal estate in Polandnorcould theyrepatriateincomeearned a Polish enterprise. Another difficulty for foreign investors was dealing with the Communistbureaucracy. Szumanskirecounted an anecdote told to nimby aWesternNew York businessman. The American flew to Poland and discussed foreign investing with a particularPolish bureaucrat. Thenanew government official took over the position. The new bureaucrat said that he did not know anythingabout thedealmade withtheprevious governmentofficialand that the WesternNew Yorker would have to start the negotiation process all over again. Szumanski said that the majority of foreign investors in Poland today are Europeans, with the Germans leading the way. Because ofpossible governmentand economic instability, some investors such as the Japanese are leery about investing inPoland andthe other former communist european countries. However, Szumanski said that the Japanese are willingto invest in Bulgariabecause ofits high tech industries. Under COMECON, the former Communist/Eastern European Common Market, Bulgaria was responsible for manufacturing hightechnology goods. Aproblem for allforeigninvestorsduringthis transition, from a Communist to a capitalist eco...Poland,continuedonpage 6 Law Faculty Votes to Change Grading System decided to treat them in the same manner as step-parentadoptions. A majorbenefitofthis change is that a detailed homestudy is no On Friday, November 6,1992, The UBLaw Faculty voted to change the grading longernecessary fortheadoption. systemtomcbde(+)and(-)gractestdthecunentH,Q ) D) The session on international gay and willalsoremove the(*) category asanoptionforprofessor grading.The systemis scheduled lesbian rights was also exciting. Speakers to gointo effect Spring, 1993. discussed the potential for invoking internaA recent SBA studentsurvey.revelaed thatapproximately halfofthe students who tionallaw in domestic courts and the resoluvoted wanted to return to a traditional A-F system, a quarter simply wanted to get nd of tion ofAmnesty International'shighest decitheQ*. another eighth wanted tomamtainthestatusquo.andthebalanceeitherwanted , , sion-making body explicitlymakingprisoners apass/Msystem,a''Q*"with"Q+ s"and"Q- s'\orsomeomergradingsystem. Based detained for being gay "prisoners of conupon these results, the faculty delected that the students indeed wanted change (See, science." Panelists and audience members Politics, Policy and SBA. page 5 formore details). also discussed the recent conference ofAsian Lesbians in Japan and the Latina Lesbian Enquentro in Puerto Rico. Finally, theInternational Gay andLesbianHuman RightsCommission described its role insupporting gayandlesbianrightsaround the world. "Action alerts" are an emergency byDanHarris Students in ProfessorEwing'sEvidence guiltybyreason ofinsanity forthe murders of response network to protest lesbian and gay class saw therules ofevidenceputto use. Since his father and brother. On appeal, a state humanrightsatrociuesaroundtheworid. Sometimes the international networkis used to press Friday, October 30,ProfessorEwing hasbeen appellant court found the verdicts inconsistent concerns in the United States. in theErie County Courttestifyingas an expert and the guilty verdicts were overturned. JusOverfifty studentsattended the student witness at the trial of John Justice. Many tice is nowbeing retried for the murders ofhis students came to see the trial, and to watch motherand the driver. meeting. This year, the two studentrepresenProfessorEwing, whoisalso considered tatives willdevelop a mailinglistand network theirprofessor in action. In 1985, John Justice killed both his an expertinpsycho logy, examinedJustice,and ofgay,lesbian,and bisexual law studentgroups in the United States and Canada. They will parents and his brother. In a failed suicide has determined him insane. He has been also becompiling a handbook forgay student attempt, he crashed his car into another car. testifying at the trial abouthis examination of organizationswhich will include chapters on The driverofthe other car became Justice's Justice, and the basis for the conclusion he reached. For more detailson the trial and story forming an organization, gettingthe military fourth victim. He was tried for the four murcourses for the found forthe murders ofhis guilty off campus, and developing ders. Hewas ofJohn Justice,please see the next issue o fThe The not him are the driver. justforming juryfound Opinion. curriculum. Many campuses motherand gay studentorganizations,andmostwere surprised to hear that the JAG Corps is still recruiting here. Rhondasummedup the conference well when she said," It was a great opportunity to 3 Group Spotlight discusslegal issues thatare not covered inour 4-5 Editorials & Commentaries classes and to talk with attorneys about the 6 work theyare doing. It was very inspiring." Cheap Seats Lavender Law IV will beheld in October, 1994, 7 BasketballTeam Wins Playoff in Portland, Oregon. See you there. Prof. Ewing Testifies as Expert Witness at MurderTrial HIGHLIGHTS �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper...and pass. J U U v U \J v 0 f\ 0 t\ (\ f) i\ _____ ;; Pieper New \brk—-Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 Telephone: 1-800-635-6569 or (516) 747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �The Hibernian Law Society Kevin P. Collins, iNewsEditor Freshontheheelsofa wildparty held on Thursday, October29th, the Hibernian Law Society (HLS) is back on thelaw school Over 150law students came through and later stumbled out ofthe doors ofTheDiplomat, a barlocated on Allen Street in downtownBuffalo. The evening provided a much needed escape and social occasion to break up the scene. odicals available to the law school. Further, last year, along with the Graduate Group on HumanRights, the HLS broughtMr. Richard Lawlor, Esq. to the school. Mr. Lawlor is an official ofNoraid, an organization that supports thecauseofa unitedIreland. Hespokeon the human and civil rights struggle taking place in thenorthofIreland andtheabusesand atrocitiesbeing committed by theBritish gov- 3L Completes Marathon On Sunday, October 25, Emily Sanderson, 3L joined the ranks of successful marathon runners. Ms. Sanderson finished the Marine Corps Marathon in Washington, D.C. and hertime was three hoursand thirty-one minutes, placing herin thetop ten percent ofwomenwho ran themarathon. The fantastic finish also qualifies Ms. Sanderson to participate in the Boston Marathon in April 1993. The effort to run a marathon is a significant contribution oftime, physical endurance, mental preparation and dedication. Ms. Sanderson shouldbe recognized for herachievement and supported in the spring when she trains for the Boston Marathon. Congratulations, Emily!!! - - Coming OutWeek . GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue. semesterand gave everyone the opportunity to emment The presentation was very well atsocialize withfellow law studentsofall years. tended and received by law students, The conversations andpeopleattheparty were under grads, andmembers oftheBuffalo comonly surpassedby the flowofbeer, which never munity A very lively and emotionally laden ran out, eveninto tneweehoursofthernorning, debate and question and answer session folattesting to thefact that the HLS is the group lowed, dealingmainly with Mr. Lawlor'ssupatlawschoolwhoknowshowtothrowaparty. port fortheIrish RepublicanArmy (IRA). The HLS was started in the late 1980s, students who join the HLS get to t and interact with other interesting law around 1988-89.According to local folk lore, thefounderwasrecentkwsclK»lgrad,Norbert students. Further, studentsare able to increase theirculturalawareHiggins'92.TheHLS _——_—. was initiated ostensiness of the problem in NorthernIreland. bly as adrinking club, butwiththeincoming For example, you classof 1990more far wouldbecome aware of Joe Daugherty, a reaching goals beHLS was kept in partofthe person came for9 prisonintheUS focus. Michael he although Dwyer, currently a3L years committed no crime and President ofthe here, and then reHLS, was part ofthat cently, in the middle class and was instruofthenight, was exmentalin broadening tradited the scope ofthe HLS to a jail in NorthernIreland. In purpose. addition, students The purpose will become aware and basic mission of an into theIrish cultural gain insight theHLSistocetebrateandpromotemeculture ofand will as the and roots. students willlearn history Lastly, and heritage ofthe Irish people and, thatitisimportanttogivebacktoyour commufuturelawyers and legislatorsofthis country, nity. to become better involved withrespect to the Thosewhoare interested in joining the issues and concerns ofall parties involved in HLS shouldkeeptheir eyesopen forarecruitthe conflict in the north oflreland, sothatthey to beheldinmid-November before mentparty may, in whatever small way, be able to help a reunited break. to Thanksgiving Anyone wishing the bringabout peaceful solutionsand who more informationmayconjoin Ireland. Tothatend,theHLSdonatesmoney or wants to charitable organizations, both locally and tact 3L,Michael Dwyer, the HLS President, internationally. TheHLSraises funds thro ugh Box# 79,orany ofitsofficers,2L,Sentaßany, many means, includingholding social events Box#6l2;3L,MicheleParker,Box#2B3;2L, likelastThursday'sparty. Such eventssolidify Christa Bowden, Box #620; 2L, Beth the HLS claim to fame as a great social club o'Halloran,Box#73s;or2L,MaureenMahon, which holds the best parties. Last year, the Box#7lo. The HLS has many goals forthis year. HLS sold outon over 100 T-Shirts. The HLS also administers annualraffles, with giftsdo- The first istoraise over $2,500 to contribute to the Belfast Summer Relief Program and to nated fromlocal Irish organizations. In addition, the HLS also effectively raises money establishascholarship fund for an incoming 1L oflrishdescent to be usedto defraythe costof throughcoffeeand donut sales. Lastyear, the HLS raised over$ 1,500to lawschool. Secondly,the HLS hopes to signifibe utilized to fund the BelfastSummerRelief cantly increase itsactivities and to invite more speakersto theschooland tobegin exposing the Program. Since the conflict in Northern Ireland hasbeen defined as being between tween schooland the community to themany cultural the Catholic and Protestant denominations, offeringsavailable fromIreland and theIrish there is a need to show how the two can get people. Thirdly, the HLS is looking into the along peacefully. Thus, theProgram'sobjecpossibility ofcollaborating with Irish-Ameritive is to bring out children from Northern canorganizations, bothlocally and nationally Irelandwhoare 16yearsoldoryounger,tocome in order to lobby Washington about the conandliveintheUS.AnequalnumberofCatholic cerns over and the situation in Northern Ireand Protestant children stay with American land. Fourthly, theHLS isrunning a program in families, affording them theopportunity to see conjunction with a local organization which life beyond the violence ofNorthern Ireland gives Toys for Tots. Fifthly, the HLS will and to learn and observe how Catholics and continue to hold great social events. And fiProtestants can and do get along and live sidenally, relating to social events, the HLS will by-side in the US enabling them torealize that hold itsannual St. Patrick's Day Party. the sectarian hatred between Catholics and Membership in the HLS is open to stuProtestants is exclusive to their homeland. dents ofall descents, and not just Irish. The H LS is currently looking for itsyearly GoodThe HLS desiresand believes in apeaceful solution to thereunification oflreland.To will Ambassador. Two yearsago, itwasNorbert that end, the HLS makes law students more Higgins. Last year, it was 3L Bob Gormley, who spent a lot oftime spreading the word at aware ofthe issues anddevelopmentsby makthe Shabeen. This year, it can be you. ing subscriptions to Irish newspapers and peri- . LLaw By Charles Greenberg The Lesbian, Gay, and Bisexual Law Students (LGBLS) recently held a series of "events celebrating National Coming OutDay, which is held annually on October 11. This year's celebration included wearing jeans to demonstratesupport forgay andlesbianrights andprotesting the discriminatoryhiringpoliciesofthe JAG Corps. However, itwas Sandra which,inmanyways,brought to a head the meaning of gay rights and the continuingstruggle whichmanygayand lesbians face in order to secure those rights. Ms.Lowe isDirectoroftheGovernor's OfficeofLesbianandGayConcerns. Herlongstanding involvement in the gay and lesbian community, as wellasher involvement in the civiland women' srights movements, earned her this position. Prior to accepting thisjob, Ms.LoweworkedintheofficeofthePhiladelphiaPublic Defender. She was also an attorney at theLambda Legal Defense and Education Fund,wheresherepresented Joe Stefan, the top Navy cadetdischarged from the Naval Academy afterdisclosing his gay status. In her discussion, Ms.Lowe indicated that gays andlesbians continue tobe the focus of violence and discrimination in American society. As evidence ofthis, she pointed to attacks ongaymales in the GreenwichVillage section o fNew YorkCity, which ishome to a large and thriving gay community, as wellas to attacks here in Buffalo. These acts ofviolence often gounnoticedby both thelocaland nationalpolitical establishment Furthermore, lawsremain onthebooks in many states prohibiting sodomy, whicheffectively precludes those states from prohibiting discrimination against gaysandlesbians. Ms.Lowe indicated thatalthough these laws have been upheld by the SupremeCourt(seeBowers v. Hardwick), she is optimistic that these laws will eventually be invalidated. She pointed out that the Kentucky SupremeCourtrecently overturned thatstate'ssodomylaw. In addition, theTexas sodomy law is also being reviewed by that state'scourtandTexasgovernor,AnnRichards, supports this effort Ms.Lowe isalso optimisticthat withalarge-letter writing and lobbying effort,Albany could passCivilRights legislationforlesbians and gay mennextyear. (New York'ssodomy law wasoverturned in 1981.) Nonetheless, gayand lesbianrightsare far from secure. In the last election,anti-gay measures were on the ballot in several cities and states. An amendment to the Oregon Constitutionwould have declaredhomosexuality to beabnormal, perverse, unnatural,mor- ally wrong, equated it to pedophilia and bestiality,andprohibited the statelegislature, which would have plenary powers inthismatter, from passing laws to protect gaysand lesbians. This amendment was defeated at the polls by a narrowmarginofs6percentto44percent The sponsors of the amendment, the Oregon Gitizen'sAssociation,promoteswhatitclaims are traditionalfamily valuesand we so encouragedby the amount ofsupport the.,leasure received that they said they would try again nextyear. Voters in Portland, Maine, defeated a referendum that would have repealedthe city'sprohibition ofdiscrimination inhousing and employmentbased upon sexual orientation. Onthe other hand, proposals to repeal similar gay rights legislation passed in Tampa Bay,Florida, and in Colorado, where similar ordinances wererepealed in Boulder, Aspen, and Denver. Ms.Lowe statedthat termslike "family values" isjust a smoke screen to hideanti-gay andlesbianbigotry. Ofcourse, speakersat the RepublicanNationalConvention like theReverendPat Robertson, Pat Buchanan, whoran unsuccessfully for President last winter, and VicePresidentDan Quay leand hiswifeMarilyn couldbarely disguise their contempt for gay and lesbian lifestyles and their assumption that their lifestyle choice is the only legitimate one. Ms. Lowe also discussed the federal judiciary,which hasnot been particularlyreceptive to gay rights concerns. Over seven hundred judgesand five Supreme Court justices owe theirseats to formerPresident Reagan andout-goingPresidentßush. NowthatGovemor Bill Clinton of Arkansas has won the Presidency, perhaps he will appoint judges who will be more receptive to such rights. Thereare currently over onehundred vacancies in the federal judiciary. Also, with five Supreme Courtjustices over sixty,and two ChiefJusticeWilliam Rehnquist and eightyfour-year-old Justice Harry Blackman ill, there will likely be vacancies in that court in the upcoming years. Certainly, thePresidentelect will have an opportunity to reshape the federaljudiciary.(She humorously added that she would be happy if Justice White and the Chief Justice retire, and if something awful happens to Justice Thomas. She didnot say - - what however.) Ms. Lowe, a graduate of one of the pioneer CUNY law school classes, lives in New York City withherlover andchildren. U.B.Law Alumni Association Recognized TheUniversity at Buffalo Law Alumni Associationhas beenrecognized by the State University ofNew York Confederation ofAlumni Associations for itsBuffalo Alumni Mentoring Program. TheUB Alumni Association wasjudged tobe the best throughout the entireSUN V system in the category ofoff-campusalumni programs. It was cited in particular for the mentoring program, whichis a jointproject withthe Career DevelpmentOffice enabling studentsand recent graduates to meet with experienced attorneys in order to discuss a variety ofcareer issues. Liz Walsh,Director o fExternal and Campus Relations for SUNV Central Administration, statedthat' 'Theactivities associated with the law school's mentoring program fosterrelationships that are obviously beneficial to the law school,established alumni and the recent graduate. The fact thatthe program does not place extraordinary demands on any oftheparticipants makes it even more commendable.'' The award will be presented to Dene Fleischmann, Executive DirectoroftheUBLaw Alumni Association, at the Confederation's fall conference on November 7, in Port Jefferson. November 10,1992 The Opinion 3 �OPINION Volume 33, No. 7 &%T ; November 10,1992 Editor-in-Chief: VitaA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: GarySimpson PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy StaffWriters: Tracy Dale Sammarco, W.F. Trezevant Contributors: KathyKorbuhy, Pablo Marchona, Debbie Gottschalk, CharlesGreenberg, Bridget Cullen EDITORIALS - New Grading System in Store for Students Soon! The faculty finally acted and modified the grading system. Based upon their interpretation ofthe latest student survey on the subject, the faculty decided to abolish theuse ofthe enigmatic Q* " andadd pluses (+) and minuses (-) to the current range of grades (save the F, ofcourse). However, now the faculty plans to heave this new change on the student body in the very next semester. After recklessly insisting the system was good year after year, over the vociferous objections of students, last semester the facultyfinally began showingsigns ofletting up. One survey this semester and they finally gave in. They may be doing the right thing on the one hand, but to implement the system in the very next semester and thus leave current students with evenmore cryptictranscripts is wrong. UB Law students already have to carry around an explanation sheet to explain the current grading system, they should not now have to carry two. Theadministration should find a way to implement its new grading system prospectively, or at least come up with a way to translate the new system into something compatible with the old for those who have already been subjected to the former system. In any event, for those ofus who expressedour opinion on the issue at the voting booth, an old adage comes to mind: be careful of what you wish, f0r.... Clinton Change Must Be MoreThan Rhetoric There's a new President in the White House, but the celebration must be cut short. Clinton has his work cut out, as there are numerous problems that America needs to beaddressed. Clinton must first swiftly but wisely selecthis cabinetpositions. It wouldbe commendable iftakes this opportunity to place more minorities and women in important policy-makingpositionsin Washington. The Opinion calls on Clinton to reduce the deficit; putmore money into theinner cities, to pass the Family Leave Act; to change his position and oppose the North American Free Trade Agreement; to increase CAFE standards, to select Supreme Court Justiceswho will upholdRoe v. Wade and a women'sright to choose; to carefully appoint members to the NationalLabor Relations Board; to oppose school vouchers; and to pass the Motor/Voter Registration Bill. The challenges facing the new Clinton Administration are great. Yetthis ishis opportunity tocorrect the errors ofpast administrations and put America first and foremost. The problems in our backyard need to beaddressed as seriously as thoseabroad. IfClinton forgetsand fails to address this, in four years he may be fishing in Kennebunkport or telling one-liners in Texas while playing his sax. Copyright 1992. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly prohibited withouttheexpressconsent oftoeEditors. The Opinion ispublished everytwo weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState UniversityofNew YorkatßuffaloSchoolofLaw. Theviewsexpressedinthispaperarenotnecessarilythoseof theEditorsorStaffofThe Opinion. The Opinion isanon-profit organization, thirdclasspostage entered atBuffalo, NY. Editorialpolicy ofTheOpinionis determinedby theEditors.The Opinion is funded by theSBA fromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthree typeddoublespacedpageswillbeedited for length. Please donot put anything you wish printed under our office door. Submissions can be sent via Campusor UnitedStates Mail to The Opinion. SUNY AB Amherst Campus,724 John T xird O'Brian Hall,Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 2230r611. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion November 10,1992 Opinion Mailbox 2L Doesn't Care for Blum Woes To the Editor: Itmay come as a surprise to The Opinion editorial staffto learn thatthe' 'Blum issue is nota topie ofmajorinterest orconcern to me-a 2L and typical member ofyour contituency. This is simply a case ofan ex-professor whois having difficultiesmanaging his career, and I cannot imagine why ithasremained a mainfocus ofthe student newspaper for morethan one year. During my firstyearI wasbombarded withmaterial inmy mailbox from Professor Blum; it is unfortunate that The Opinion is continuing the process. If he had a dispute with the administration, itwastotally inappropriate to dragstudents into the controversy. It isno different than involving customers ininternal political struggleswithinacompany; itcan bedetrimental to the institution and destroygoodrelationships. IfProfessorßhimreally cared about whatisin the bestinterestofthelaw school, he would not tryto pull students into his controversy and manipulate the student press into keeping his profession problems inprint This is notan issue ofgreat interest or importance to students it's history. Professor Blum is nowgone, let's get on withworking cooperatively to builda strong law school and develop a good rapport between students, faculty, the administration and the community. Asa former law professor, I imagine thatMr. Blum hasenough confidence in the integrity ofourlegal system to believe that an equitable solution to his profession difficulties will evolve. I would be very disappointed to hear that he believed the outcome would be influencedby manipulating presscoverage and involving students in hisdispute;we are herefor educational purposes, notto help wage the battles ofa man having difficultieswithhis career. IchallengeThe Opinion to publish two consecutive issues withno mentionofthe "Blum issue" unless there is some real news to report. Sincerely, Hopeolsson,2L - Alumni Describes Long Grade Change Fight To the Editor: lamarecentgraduateofUßLawSchool(l99l)andduringmythreeyearstherellobbied vigorously to changethe H/Q gradingpolicy back to the traditional A-F grading system. Inthe Springof1990,1 convinced the SBAto sponsoraforum in which I debatedthe issuewithstudents andfaculty. lalsoconvincedtheSßAtoholdastudentbodyreferendumontheissueduringthe 1990SBA elections. Iwroteanumberofarticlesin The Opinionopposing theH/O grading system duringmythreeyearsatUß Law School: "The H/Q: A Gag PrizeBehind Door NumberThree," 4/4/90 at 5;"New Testing and Grading PolicyAnnounced," 4/4/90 at 3;"TheWayward Grading Policy," 9/13/89 at 6;"SBA to Hold GradePolicy Forum,'' 2/28/90 at 1. The H/Q narrowly defeatedhonesty and common sense in the referendum. Status quo inertiaalwaysseemstogivetheillegitimateincumbenttheedge. Studentsdon'tdiscover,until itis too late,howlacerating the H/Q sy stem isto theirportfolio. Once they have graduated and are mired in a full-time job huntand begin to get that chronic feedback and those incessant questions about grade translations, then they begin torealize whatamistake itis. Butby then, the referendum is over,and anew generation ofbright-ey ed,bushy-tailed victims islulled into complacency, inertia and a false sense of security under the H/Q format. And what's worse, contraryto whatyou'vebeentold,asubstanhalnumberofemployersinthis professionare asking prospectiveemployeesabout theirgradeslong afterthey have graduated,and long afterthey have established themselves in their practice. It haunts you for an eternity. Lateral-move job applicants with 10-15 years in practice are asked for theirlaw school transcripts. It'soneofthose analretentive preoccupations thatinfects so many in this profession. RecentarticiesintheOctober27,l992 issueofThe Opinion failed to appreciate thefact thatthe Grading Committee Report(GCR), which proposed the H/Q system 22 yearsago and explined the rationale behind it defines the Q as: "A qualified grade [which] indicates the minimal performancerequired to completethe course satisfactorily.'' The definitionisexplicit The current transcript explicitly defined the Q as a C in the legend whichaccompanies every transcript sent out by this school: ''QQualified Professionally qualified work within the NORMALRANGEofperformance.'' The' 'NORM" theaverage,representsaCby definition. The argument thatthe Q somehow equivocates itselfinto a B defies simplelogic. The GCR expressed faculty awareness thatthe H/Q system created asynthetic elite class at the top oftheheap due to the artificially monumental gapcarved out by the H/Q system in order to generously separate the H grades from the restof the pack. In fact theReportcited as oneofthethree' 'effects'' ofthe H/Q grading system, the feet that itwould "encourage students to strive mightilyfor anoutstanding grade in order to distinguish themselves from the mass of theircolleagues.'' Whatblistering irony that the mostprevalent argument in defense oftheH/ Q is the contention thatit mitigates competition, while in fact itratchets up the competition in an all or nothing skirmish fortheall-important H grade. Why would the faculty try to pretend that it lessens competition? Itis interesting to notethatthe GCR was established "inresponse to expressionsofconcem raised byfaculty members,'' NOT by students. The faculty wanted to streamlinethe valuation processbecause itfeltthe B distinctioncreated a burden for thefaculty. This becomes doubly ironic in light ofthe fact thatthe concerns ofthe students were entirely different The Report states: ' 'The discussion with students revealed a significant fact nearly all problems and criticisms eventually could be traced back to theranking system.'' It was theranking policy thatwasresponsible forthecut-tfaroatcompetition, not the gradingsystem. Theranking system is an entirely separate and distinctissue. This shcool can refuse to rank students under the traditional grading system justas well as under the H/Q system. The ranking change was prompted by studentconcerns; thegrad ing changewaspromptedby the faculty desire to simplify thevaluationprocedure. This is ironic as well, sincethe chief concern aired in the GCRwas the inherent danger ofoversimplifying the prospectiveemployer's valuation task by reducing it toamindless, onedimensional, single-criterionexercise thatlooked only ata student'srank, whileignoring other relevant, diverseindicia in the student's record. While the GCRwas doling out this insightful lecture from the pulpit itproceeded toconstruct justsuchan oversimplified procedure forthe faculty by proposing what is, essentially,an oversimplified, two-bin sorting operation which keeps thefaculty from having to think too hardabout the gradesthey're doling out in wholesale fashion. Ifyou intend to vote on the H/Q referendum and ifyou believe itis an important issuefor all those future generations ofstudents who will be impacted by your decision, I urge you to become informed before you decide to support the H/Q system. I especiallyrecommend the above mentioned articles. You'll only getone bite oftheapple. I urgeyou to avoid the worms. Sincerely, -- -- Garyß.Ketcham,'9l �Politics, Policy, & the SBA , Trials By Natalie A. Lesh I madea secret vowto my selfthatthe 1992 Presidential election would never be the subjectofone ofmy Features Articles. It was fairly easy to remain faithful to this promise; theugly nature ofthecampaigning discouraged my interest in commenting. Nowthatitisallover- it'shistory.youmight say-Ifeellessboundbymy vow. Moreover, whatI wantto discuss has more to do with the election process thanwith the election itself. Most people are aware ofthe existenceofthe "ElectoralCollege." Very few people, however, actually know whatit is, whatitdoes,orhowitworks. Isupposethat the election was important in this respectitreminded people about our history, our formofdemocracy.andourConstitution. I wasso embarrassed by my ignoranceofthe topic thatI engaged in alittleresearch. My conclusion: we should getrid ofthe Electoral College in its entirety. I shall not herereiterate verbatim the provisionsoftheUnited StatesConstitution which deal with the electoral college system;I refer those ofyou whoare interested toArticle 11,Section 1 andAmendmentXll. Basically, the individual states are delegatedthe authority to appoint electors in whatever manner they choose. Most importantly, each state may decide how their electoral votes are to beawarded. All but a few statespresently bind their electors bytheresultsofthepopularvote-thatis,the candidate whowins the popular vote in the state is awarded allofthe electoral votes of that state regardless ofthe size ofhis/her popularvoteplurality. The Constitutional provisions mandate that the electors ofall the states must meeton the same day,chosenby Congress, in order to submittheir votes. These votes are then transmitted to the President ofthe Senate, who, in the presence ofthe entire Congress, is to openand countthem. As originally established, the person receiving the greatestnumberofvotes was electedPresident and the personreceiving the second greatest number of votes was elected VicePresident, ifthatnumberrepresented a majority ofthetotal number of electors. Tbisoutcomewasabandonedwith theratification ofAmendment XII, afterthe problematic and confusingpresiden tialelec- tionof 1800. Pursuant to AmendmentXII, each elector casts two votes- specifically designating onevote fortheofficeofPresident and one vote for the office of Vice President. Twolistsarethentransmitted to the President of the Senate, who, again, mustopen and count them in frontofCongress. The person who winsa majority of electoral votes forPresident iselectedPresidentandthe personwho winsamajority of electoralvotes forVicePresident is elected Vice President Based upon thepopularvote taken on November 3, we are able to know immediately whether a candidate willreceive a majority ofelectoral votes. Again, this is because all but a few of the states mandate the award oftheir electoral votes asabloc. Theeffectofthisisobvious: the vote in the electoral college is a mere formality. If no presidential candidatereceives a majority of electoral votes, the newly elected House of Representatives is to choose, by ballot, the winner. In this vote, each state's representation must vote as one; each state gets only one vote. If the House fails to elect a President by March 4 ofthe following year, the Vice President shall act as President until a decision is made. (Interestingly, Amendment XII is silent with respect to whois to act as President if the vote for Vice President is simi- bySaultan H Baptiste, ManagingEditor Features Editor larly dragged out, as it certainly would be today.) The potential undesirable effects of the electoral collegesystem are numerous: a person may be elected who fails toreceive a majority ofthepopular vote; thepersonwho winsthepopular votemay notbeelected; the popular vote is greatly distorted;and, the vote may bedecided by the politicaland partisan House ofßepresentatives. Fortunately,there haveonh/beenafew incidencesin ournation'shistory whichillustrate these negative effects. In 1912,WoodrowWilsonwaselected Presidentby winning 435 ofa possible 531 electoral votes- since it was a three-person race,however,hewononly42%ofthepopular vote. Similarly, in anotherthree-personrace in 1968,Richard Nixon won in the electoral college by a 110-vote margin, yetreceived only43%ofthepopularvote. And,in 1992, BillClinton willwin alandslide victory inthe electoral vote, but garnered only 43% ofthe popularvote. APresidentwhofailstoreceive at least 50% of the popular vote certainly cannot claim a mandate upon entering that office. It has happened three times in our history that acandidate wholostthepopular vote won after the electoral vote. The last time was in 1888, when Grover Cleveland won 49% ofthepopular vote and Benjamin Harrison won 47% ofthepopular vote, yet Harrisonwon inthe electoral votebya233to 168margin. In 1825,the election was throwninto the House whennoneofthe four candidates was successful inobtaining a majority ofthe electoral votes. Behind-the-scenes scandal and intrigue resulted from the pressure of suchahigh-stakesvote. It wasrumored that John Quincy Adams and HenryClay, two of the candidates, had cut a deal: Clay would giveAdams his support in the House vote if Adamswouldappointhim Secretary ofState. John Quincy Adams eventually won the House vote, and subsequently named Clay the new Secretary ofState. From this briefsurvey ofhistory two things become clear: the electoral college vote will actually matter only in a few elections,and in those situation weare better offwithout it TheFramersoftheConstitutionwere wary,perhaps for good reason atthetime, of majorityrule. Peopletoday,however,donot fearmajority rule- instead, they demandit as their right. People today believe that the Presidentshoiddbethechoiceofthemajority. In addition, I believethat thefeeling of empowerment which is inherent in this heightened grantofauthority willpromotea moreresponsible and careful electorate. Citizens of the United States have beenpromised''change by President-elect Bill Clinton. Eliminating the electoral college system should not rank among the priorities ofthe new administration, yet it certainly wouldbe a step in the direction of progress, of giving power back to "the People," andofCHANGE. For.isn'tittrue that tradition for tradition's sake is wrong - . DATELINE: Thursday November 5,1992 s:3opm, R00m207 "Ridiculous. Frustrating. Tiresome. Thesewords... come to mindas Ithinkabout trying to describe the most recent SBA meeting. Iwas ...too optimistic in believing that this group ofpeople could, or would, settle downandconduct theirbusiness in a rational manner" Natalie Lesh. SBA TJp Close and Personal.October 16,1991. Well, very little seems to have changed since oVer a year ago, but maybe we are a slightly better this year. Maybe. Youcould hear the murmursofpolitical jockeyingand stratigicalplanning even before the meeting began. Itwas no surprise that Iwas in for a 4 hour war ofwords. Even the SBA Secretary, Bridget Cullen, called the meeting acircus(See "Bridget'sßtotter," pg. 7). Ijust wonder that since she is also on SBA, what particular act she would call her performance. But lets get to the story. TheWoes ofHigh Priced Coffee: 1LPatty Bryantaddressed the SBA regardingher concern over thecomparably high prices and deficient quality ofthe food providedby theFaculty StudentAssociationatthe Baldy Walkway onthe2nd floor. Specifically, she compared the price ofcoffee at various locations oncampus. Here wereherfindings: Uni-Mart -$.54, Anderson's $.60, Coffee Machines-$.40, Baldy Walkway-$.84. Patty said she felther concerns were an important quality oflife issue that the SBA should address, especially given the average law student's financial constraints. 1L Class Director, Mark Panepinto, who sits as a student representative onthe F SA, saidhe wouldraise this issue with the committee. Patty also suggested that law students supervise a coffee table toprovide coffee at a reasonable price. However, 3L Director, Scot Fisher, raised the point thatFSA has an exclusivecontractwithUß as afood vendor,andthat ' 'technically" thesalesoftengivenby student groups are actually illegal. To institute an - ongoing studentcoffeeboothmay causegreater harm to student organizations who rely on thosefunds to operate. Other Directors suggested a campus wideprice survey on other itemsand aboycott ordistributionofinformation to the studentbody as anappropriate cause ofaction, howevernothing definitivewasdecidedbythebody. SBA Director Expelled: The issue that seemed to sparkthe most fire was when SBA President William F. Trezevantannounced the automatic expulsion ofScotFisher from the SBA Board dueto his threeunexcusedabsences fromSBAmeetings. Fisher,who hasarenown historyofSBAactivism, was expelled under § 5D of the SBA Constitutionand § 6(A-F) ofthe SBA Bylaws. § 6(A) states that [t] wo unexcused absences result in an automatic expulsion from the BoardofDirectors fortheremainderofthe term ofoffice.'' The rule provides for areinstatementoftheBoard memberupona2/3 voteof theBoard. Although previewed during an earlier debateoverthe listing ofexcused and unexcused absences inthe SBAminutes, battlelines were clearly drawn. 2L Director, Kevin Collins, exclaimed, "I'm going to loose my fucking temper in5 seconds.'' A motionwas made to go into executive session because' 'it would turn into adebate over personalties." Upon a majority vote, the doors(orcurtains, in Room 207) were closed to the media andthe student body. As viewedfroman observer's perspective, the real issue is not whether Scot Fisher should havebeenreinstated, butthe amount of timeSBA spent onthisone issue at theexpense ofothertimely matters. Outofa4hourmeeting they spent 1 112 hours on this one issue. My otherconcern is whyabattle shouldhavebeen necessary, otherthantoallowaweekly "Battle oftheEgos." And why an executive session? The issue seemed clear. Should Fisher be voted back intohis Director's seat or not, due to his absences? Itwasaquestionofhisconductnot hispersonality; orwasthisan opportunity for SBA to waste 11/2hourswithpetty bickering in a cocoon of privacy? Should SBA have openly and directly addressed the issue and movedontomattersmore crucialtothe student ...Politics, continued on page 7 . LOK AHEAD... : 1 andthatchangeistheonryconstantinlife??? Deadline for next Issue: Thursday,November 19 Leave submissions in Box 223 or Box 611 November 10,1992 The Opinion 5 �"The Roaming Photographer" byPabloMarchona This week's question: What should the ClintonAdministration do to change the Reagan/Bush Status Quo? Rob Cisneros, 2L: Jo Ann Armenia, 2L: Drew Pinkney, 2L: Joel Sunshine, 2L: Attitudes in general should bechanged.I think I think they should pass a law requiring thatthe Bush. forth a Constitutional Amendment to keep it that way. The administration should work to change socialinequities,and provide funding forPublic Interest projects. TheStatusQuo shouldbe changedfrom:"What can I get from others?, to ''What can Ido for the first step was made by removing George budgetbe balanced within six years,and put ...Poland as Russia), all citizens, even children,receive others?" ofstateindustries inPoland. He discussed how the State is carrying out the privatization of continuedfrompage 1 stateenterprises, both through foreign investnomic system, is that commercial law in the ment and through the use ofcapital markets. post-Communist countries is unstableand conThe Polish government is using several stantly changing. means to convert to a market economy. One The two professors discussed the prob- tool the government is using, said Klich, is lems Poland has in exporting goods to Europe mass privatization. The two men told the and therestofthe world.ThePolish professors audience thatthe Polish government is creatsaid that underCommunistrule, Polish facto- ing "trust funds" in which thePolish people ries wereable to produce shoddy goodsand still will be able to invest. The purpose ofthese export them to the other eastern European funds is to bea vehicle for collective investcommunist countries. This isbecause the Polment in securities. The trustfunds, similar to ish manufacturers faced little competition. mutual funds in the United States, will own However, now that the former COMECON shares in newly-privatized businesses. The countries have access to better-madeWestern objective ofthese funds is to dispersetherisk European items, consumers in these countries ofinvestment Thetwo professors said thatall are no longer willing to buy inferior Polish adult Polish citizens will receive vouchers products. with which to invest. They told the audience Klich spokeabout themass privatization thatinsomeformer Communistcountries(such From the Cheap Seats investmentvouchers. The two professors said that each of these trust funds will be managed by Western managers. In ananswer to a questionfrom the audience, Szumanski said that the Polish government does not intend forthis tobe only a short-term solutionto the lack ofexperienced managers in market economy techniques in Poland. He said that the structure of these trust funds do not contain ways for the gradual conversion oftrust fund management to Poles. The Polish professors, inresponse to another questionfromthe audience, saidthatthePolish governmentdidnot worryabout theeffect of this foreign monopoly on the management of the trust funds. A stock exchange, established in May 1991,isnow functioning in Warsaw, said the professors. However, theyalso toldthe audience thatcurrently not many firms are listed on the stock exchange. Thetwoprofessorsnoted thatthe stock exchange is patternedafter the one inLyon, France. Therefore, itdiffersfrom the Americanmodel ofstock exchanges. Although theattendance was small,the audience for the discussion by the two Polish professorson' 'TheßecentChangesinPoland'' was quite interested in the topic, asking numerous questions, to which the two men gavethoughtfulandknowledgeable answers. Professor Szumanski will be leaving Buffalo onNovember 10. Woody's Lament byß.B.Zeke Husband and Wives, Woody Allen s mostrecent ode to failed romance, is a movie similar in themeto some ofhis earlier films but much bleaker in tone. Once again Woody's battleground is a Manhattan occupied by upper-middle class professionals whoare utterly hopeless and helpless when it comes to sex,romance andrelationships. At the end of "Annie Hall" the audience was reminded that we continue to submit ourselves to the pain, heartache and aggravation ofrelationship because' 'we need the eggs.'' While the bittersweet comicconclusion suggestedthatfinding alifelongrelationship filledwith romance and happiness was a Sisyphean endeavor, itnevertheless seemed to optimistically applaud our eternal efforts. Maybe, if we kept at it long enough, we would someday get itright. At the very best it was nice to think so. Forgetit! "Husbandand Wives" slams the door on the notion that passion and romance can be sustained in a relationship. The choices Woody gives his characters are between chronicdissatisfactionand suburban drudgery." In Woody'sworld,relaw U)eLCor-|E To tionships go sour, but sometimes we hang on anyway because the devilwe know is better than theone we don't. In the end, love is pared down to know more than tolerance oftheperson we are with. Frankly, Irefuse to subscribe to this view because it's justtoo depressing. However, two ofmymovie-going buddies, TucoBenedicto and the Highway Queen, both thoughtWoody had gotten it justright As Tuco succinctly stated as we left the theater, "C'est la vie.'' All ofus enjoyed the performances. Judy Davis, Mia Farrow, Sidney Pollack and Woody all hit home nins. Theonly irritatingelement was Woody's decision to use hand-held camera in filming many ofthe scenes. I suppose hewanted U > give it a d( >cumentary feci, buttoo often it's simply annoying. I'll be back in two weeks. In the meantime, I've got to finish a paper and go shopping forsomceggs. I 6 The Opinion November 10, 1992 LAUJ&HOOL l*! A CALL FOR PAPERS The BuffaloJournal oflntemational Law is a publication which stresses the application oflegal principles to specific internationalproblems. The specificfocus ofthe Journal will change annually, and the choice of the topic will reflect current issues that are important to international law. The focusofourthe premiereissue is Biodiversity and Biotechnology, which includes the economic, socialand political implications ofthese currentchallenges in international law. All submissions should be double spaced, with footnotes, submittedin duplicate and, if possible, submitted on disk using WordPerfect 5.1 to: The Buffalo Journal ofIntern. Law University at Buffalo School ofLaw O'BrianHall,Amherst Campus Buffalo.New York 14260 Thedeadline forsubmissions for the June, 1993 issue is January 15,1993. Articles received after this date will be considered forthe subsequent issue. For further information onthe Journal, please feel free to contact Michael Radjavitehat (716) 884-1942. I'*LOOK TO YOUR- LEFT.. ."I �... Politics, NoRoom to Breathe: continuedfrompage 5 The SBAplanning committee prepared body? 2L Class Director, Joel Sunshine, commented at the end ofthe meeting that' 'certain issues belong in an executive session... this is something that should nothave.'' Whileawaiting the conclusion oftheir "highly sensitiveand' 'crucially important meeting, itwascommon tosee Class Directors roaming the halls for extended periods oftime (and itwasn't to goto the bathroom). Although not allowed to observe the meeting, I could discernthe atmosphere inside as I sawDirectorscome outside the meetingroom arguing, yelling, and literally crying based upon commentsmadeto each otherduringthe "closed session. Attheconclusionofthe session, Scot was reinstated. Finally. Results ofStudent Poll on Grading Issue: SBA President William F. Trezevant announced the results ofthe student opinion poll taken during the recent SBA Vice-Presidential election regarding UB law school's current grading policy. The results were as follows: A,B,C,D,F 45.67%. a draft letter regarding the inadequacies of Room 207, formerly the oldmailroom. The letterstatedthattheroom provided inadequate spaceforalawclassand poor ventilation. The room, as statedabove, has nodoorsand doesnot preventthe noise from the heavy traffic ofthe second floor. In addition to requesting that these matters be addressed, the letter requestedthe return ofßoom 209 to the control ofthelaw school. Currently, Room 209 has been put under the control of ÜB's Central Administrationfor generaluse. Appointment's Committee: Patty Campbellreported thatthe search is still proceeding to fill approximately 2-3 faculty positions in thelaw school. The committeehasreviewed over 1000candidates and they havenarrowed thefield toapproximately 30 potential professors with diverse areas of concentration. Patty added that the faculty committee members has been very diligent and committedto filling ÜB's faculty vacancies. TheRest wasLeft on the Table: 23.62% Due to fact that is was 9:30 pm and H,Qwithout* 14.17% severalDirectorsand Executive officershad to H,Qwith* leave, thereby disolving quorum,several im7.09% H.Qw/*&+/Pass\Fail 5.91% portant student issues, suchas student fees,and Other 3.54% other committee issues had to be tabled. currentsystem AndNow,TheßestoftheStory: It wasasserted during the course ofthe The Directors spentalotof timequestioning the options students were given(which SBA meeting thatThe Opinion was in collutheBoardapproved inapriormeeting)and tried sion with members ofthe SBA because we to manipulate the statistics to prove their covered themeeting. Nothing is further from personal positions on the issue. Iwon'tattempt the truth. In fact those who followed Natalie to explain their arguments (you can translate Lesh's regular articles last year "SBA. Up theresults for yourself). Close & Personal will remember that The New Mailbox Policy: Opinionhasalways feltthe obligation to bring The SBA Mailbox Committeeare planthe goings on ofthe SBA to the student body. ning to institute a new policy where students Students have aright to know whattheir will have anoption to preventnon-lawrelated, elected representives are doing, or failing to for-profit solicitation from being inserted in do. Like any political machine, ifnot contheirmailboxes. Should astudent choose not strained by public oversight, it will have no toreceive such mail, ared dotwouldbe placed impulse ofits ownto change itscumbersome, nexttoastudentsboxnumber. SomeDirectors inefficient ways. I, therefore, urge you to mentioned thatalthough studentsclearly have attendthe SBA meetingswhich areheld weekly a choice, some students would be unaware of on Thursdays in Room2o7ats:3opm. Andto opportunities thatmay beavailable to them. thoseSßAOfficerswhocan'ttaketheheatof the electorate ~ get out ofthe kitchen. By Bill Kennedy WHAT: BLSA Meeting WHEN: Tuesday, November 10,5:30pm WHERE: O'Brian Hall, Room 107 LOWDOWN: Generalmeeting WHAT: "Let Him Have It" WHEN: Wednesday, November 11,6:15pmand Thursday, November 12,6:15pm WHERE: O'Brian Hall, R00m406 (Wed.)and O'BrianHall, Rooml 06 (Thurs.) LOWDOWN: Crimeand Punishment Video Series. Free admission. WHAT: Display onNorthAmerican FreeTrade Agreement WHEN: Wednesday, November 1 1,9:00am-2:oopm WHERE: O'BrianHall,Second FloorLobby LOWDOWN: Sponsored by TheLabor & Employment Law Ass. andLaw Students For CorporateAccountability for Graduate Group HumanRights Week WHAT: How to Take Finals, Professor Engel WHEN: Thursday, November 12,5:00pm WHERE: O'Brian Hall,Room 109 LOWDOWN: Sponsored by LALSA "Towards aLarger Freedom: Human Rights in Africa" Prof. Claude Welch, UBPolitical Science DepL WHEN: Thursday,Novemberl2,2:ooPM WHERE: O'BrianHall, sthFloor Faculty Lounge LOWDOWN: Discuss work with African Commision on Human Rights WHAT: How to TakeFinals, Professor Engel WHEN: Thursday, November 12,5:00pm WHERE: O'Brian Hall, Room 109 LOWDOWN: Sponsored by LALS A WHAT: WHAT: The Good, theBad, & the Ugly II for 2Ls WHEN: Monday,Novemberl6,s:3opm WHERE: O'Brien Hall, Ist Fl. Student Lounge LOWDOWN: Get athird year perspective oncourse selection. Sponsored by AALSA & BLSA First Year Exams: A Student Perspective Tuesday,Novemberl7,s:3opm WHERE: O'BrianHalL Room 107 LOWDOWN: Sponsored by AALS A & BLSA WHAT: WHEN: New SBAVice-President Results from last week's SBA Vice Presidential election were announced last Thursday, October29. Third-year studentßarbaraHurley wasnamed thenew VicePresidentofthe SBA. The releasedvotetaUy indicated thatHurleyreceived 148votes, withfirst-year studentPaulBeyer garnering 137votes, and third-year studentNancy Johnson receiving 68 votes. Half Court Press: Bad Faith Wins Playoff Game ' 'BadFaith,'' the Law School'sunofficial representative to U.B.s Intramural Basketball League, beat up ona much younger squad ofundergrads(who haveaskedto remain nameless) en route to a 44-26 victory last Thursday night. This was Bad Faith's first playoffvictory since the team' sinception into the league in the Spring of91. The team ismadeup entirely of3 dyear students: Paul "Ineversawashotldidn'tlike" Dell, Mark 'Tthinkl'mabig man" Eyer.Eric ' 'E-Ball'' Haase, Mark' 'E-Mark'' Hubbell, Bill "Cash"Kennedy, Chris "He'sgoteyesall around his head" Marks, Tim "Original Recipe" Stevens and Steve Levitsky, a.k.a. Todd "I have two firstnames'' Scott. After trouncingtheiropponent 85-24,in a fundamentally unsound gamethe previous week, Bad Faithappeared very lax in the first halfofThursday'sgame. Mostoftheteam's2o first halfpoints came from the charity stripe, wherethey shot90%,and whenthe halfended Faith found themselves only holding on to a slim 4 point lead as they entered the hallway thecourt ChrisMarkslookedlikeaspryyoung manof29as he blocked shots withhistremendous leaping ability and completed the fast break timeand again. Hubbelland Kennedy connectedforsome textbook scoringplaysand strong rebounds, and when Eyer entered the gameall threeplayers took turnsroughing up theopposition. As usual, Dell hustledall over the court on offense and Stevens turned in a tenacious defensive performance causing a fora quick drink. numberofturnovers. Thesurpriseplayerofthe However, the team finally gotontrack game, however, wasHaase as hefoundhimself in the second halfwhen Scottcame outtolead open for a plethoraofscoring opportunitiesand theteam dribbling, driving and dishing all over even sanka threepointer like a veteran. law. If you wouldlike to join,KevinCollins is thegrouphoncho-comancho. Oneothernewly Things are functioning as usual at the forming group that grabbed my attention was weekly SBA meetings, I'll let you decide the Unemployed Law Student Association. However, they have not yet approached the whether that is a positive or negative comment Anyway,ifyourlooking forawaytopass SBA for funds, so I don'thaveany further info. Now thatthe semester iswindingdown, your extra time,pop in onThursday evenings and seethe meeting in action. Last week's and the Bar-Review courses are again out meeting waschock full ofexcitement people recruiting, I havejustone question-when isthe spitting each other,peoplepicking theirnoses final time leanregister forthe discountedßarIt'sbetterentertainmentthanthecircusand Bri program? I'm justnot sure- itseemstobe discounted every semester. Inregards to the it's for free! courses, the SBA has passed a Bar-review Congratulations to Barbara Hurley,the motion that the Bar-review courses prevents new SBA Vice-President It's about timewe from our boxes and wall-papering filling womanon the executive board! got another O'Brian Hall with fluorescent paper. From The Native American Law Student now to on, beallowed advertise they only will Association has beenofficiallyrecognized as an SBA Group. Anyone interested in joining, on the''Official SBABar-review Course Adtalk to Greg Hill. They seem to have a lot of vertising Board," and we will be charging a worthwhileactivities on theiragendaand will nominal feefor thisserviceto help supplement behaving aT-shirt salesometime in thefuture the SBA's income. As always, if you have any ideas for to raise funds for these activities. Also, the LaborLaw Society had theirfirst meet ing last future SUA activities, stop in at 101 O'Brian week, where they ...well ...talkedaboutlabor and dial with one of us. Adios! BlBriodgett e'sr .... "Maastnch: A Broken Dream,'' Louis Lafiii. WHEN: Tuesday, November 10,7:00pm WHERE: O'Brian Hall, Room 109 LOWDOWN: Lastest European Economic Community Development WHAT: - The turning point ofthe game came in the middle ofthesecond half whenBad Faith caused theiropponentsto calltime-out in order tocomplainabouttheroughplayofFaith. The team smeltedfear in the oppositionand immediately went into a full-court press which confounded theless-experienced undergrads andresulted in 10 quick points for Faith and sent their die-hardfans intoa frenzy. With all ofthis momentum Bad Faith cruised to what turned outto be an easy victory. The Desmond Moot Court Board is pleased to annonce that thefollowing Golden Opportunity The UB GOLD (Graduates ofthe Last Decade) Group invites all law students to join them at Spike' s,Buffalo' snewest watering hole, 268 Main Street, onThursday, November 12,from5pm-9pm. Foramere $5, you will enjoyplentiful hors d'oeuvres ~ enough for dinner ~ and a cash bar with lots of drink specials. This is a GOLDEN opportunity to network and schmooze with alumni, so don'tmiss out! people have been invited to become Associate Members ofthe Board: Steven C. Balet Christaßowden Todd Card Michelle Crew Bridget Cullen JohnDillon Francisco A. Duarte Michael Hueston RobinKaplan MaxineLee Michael Mahar Marianne Mariano BrianMercer TamieMorog RobertNieweg Charles Patton HelenPunders Kevin Raphael Brian Reddy November 10,1992 Walter Rooth Kevin Ross Steven Samide Amy Sassenhausen Gary Simpson SentaSiuda Keelan Stern JoelSunshine Sarah Swatzmeyer Chandy Sweet William Trezevant Wayne Van Vleet NelsonVargas Andre Vitale JaneWade JenniferWillig KevinWoods Michael Yehl The Opinion 7 �/ I With >* Hearing \ ™ Believing wr Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape or videotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll get an earful. BAR REVIEW The Nation's Largest and Most Personalized Bar Review � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-11-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/10/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1637165a59181a1d29214a8b44ec7782.pdf b5353eab7cdba72a033aba5cba664b43 PDF Text Text Volume 33, No.B TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW December 1,1992 Arthur Schlesinger, Jr. Speaks on Multiethnicity byPaul Roalsvig,;, Photo Editor Two-timePulitzer Prize winning author (The Age of Jackson. JFK: A Thousand Days),former special assistantunder John F. Kennedy, politicalactivist, andhistorian Arthur M. Schlesinger Jr. spoke to a crowd of two thousandattheAlumni ArenaonNovember 11, 1992. ThemessagethatSchlesingerbroughtto the audience at UB was a reflection ofthe thoughtshe hadelaboratedupon on in hislatest book, The Disuniting ofAmerica. He first gavea shorthistorical perspective on the changes thathad occurred during this century, for example the triumphs ofdemocracy overfascism andtotalitarianism,and expressed concern that the collapse of the Soviet Union has created an uneasy situation in Eastern Europe. "Liberal democracy is triumphantforthe moment,'' but,headded,' 'if liberal democracy fails us, we invite fascism and totalitarianism to gainafoothold again." Thepeople ofthe world andthe various world governmentsmuststandonguard,henoted,for it is very easy in the modern worldfor oneset ofhatreds to simply replace the other. The reason suchhatreds could so easily surface in nations struggling with democracy,according to Schlesinger, was that the global economy waspoorandan ideological vacuumhadbeen createdrecently; left behind in thewake ofthe demise ofMarxism-Leninism. ' 'With com- munism gone tribalismiscoming back," no ted Schlesinger. Multiethnicity, whichhasplayedalarge role in shaping muchofour two hundredyear history, is suffering today from arenewedand over-bearingcryfornationalismandregionalism that spans the entire globe. These new increases in nationalism andregionalism represent an explosive issue today, said Schlesinger. The precarious situation in Europeis evidenceofa potentiallydangerous new intoleranceofethnicgroupstowards eachother. Henoted that this ideology can explaihmany recent events, suchas the' 'ethnic cleansing in Yugoslavia, the warring between former Sovietrepublics, the return ofneo-Nazi protestsin Germany, andthe creation ofthenew Czech and Slovak nations. The hostility of ethnic groupsin Europehas had toyield considerably in light ofthe generaltrend towardsa united Europe (as exemplified by the EEC). But the net result of the clash ofthese two cultural movements, according to Schlesinger, was that Europeans werecurrentlyundergoing an identity crisis.'' To whom didthese new Europeans owe allegiance? To their ethnic group and country, orto the ideals o fa united Europe? Schlesinger also warned that if the countriesofEuropepersisted in pressing their nationalistic andregional agendas, thehopes for a unified Europe may not survive. Belgian Attorney, Louis Lafili, Discusses MaastrichtTreaty bySharonNosenchuck Will the Maastricht Treaty, increasing the social,political, andeconomic unification oftheEuropean Community, succeed? Thisis the questionthatBelgian attorney Louis Lafili discussed inhis presentation "Maastricht: A BrokenDream?'' on Tuesday, November 10, sponsored by the International Law Society. Lafili spoke on the past and the future ofthe European Community, including the chances for success ofthe MaastrichtTreaty. Lafili, a partner in theBrussels firm of Lafili& VanCrombrugghe, told theaudience the history ofthecreation ofthe present-day European Community. He explained that at theendofWorldWarll,theideaofa"United StatesofEurope"was suggested,and by 1957, theTreatyofßomewas signed. Thistreatywas the formal beginning ofthe economic integration ofEurope intoaneconomic community. However, said Lafili, not until 1984,afteran American magazine did an analysis of the future ofEurope, didthe Europeans begin to move actively toward the post-World War II goal of a united Europe. Lafili said that the American magazine wrote thattheEuropeans were suffering from a disease called "Euroschlerosis," compared to a healthy, strong, andfuture-oriented United States. The article madeEuropeans angry and motivated them to look for new directions for thefuture. Thedreamofthe 1957TreatyofRomeanda European common market wasrevived and, thus,the 1992Program wascreated, saidLafili. He noted that 1992 became a buzzword for Europeans. Lafili told the audience that the presidency ofthe European Community rotates every sixmonths. During 1991 theDutch were presidentsofthe European Community, said Lafili, and the Dutch suggested that the prior plan, agreed on in 1985, was too limited and Louis Lafili discusses whether the Maastricht Treaty isbuta broken dream Photo: Paul Roalsvig thatamoresweeping unionshouklbeproposed. Lafilielaborated, statingthattheDutch called a meeting oftheir European Community colleagues to write a new treaty. The Europeans then metinMaastricht, TheNetherlands, creating the Maastricht Treaty. Today, the dream of the Maastricht Treaty is seriously threatened, said Lafili, adding thatthe treatywill enterinto forcewhen the twelve member states have ratified it. However, Lafili further explained that the MaastrichtTreaty has one fatalflaw-there is no escape clause; it does not state what will happen if notall twelve member statesratify it. Denmarkhelda referendum on the treaty andtheDanesvotedagainstMaastricht "What will happen if the Danes do not deposit their ratification?" asked Lafili. From the title ofhis presentation, you ...Maastricht,continued onpage 7 ArthurSchlesinger, Jr. speaks about multiethnicityand the "meltingpot'process, whichhe elaboratedupon in hislatest book, TheDisuniting ofAmerica Photo: Paul Roalsvig Schlesinger called this new tribalism the ' 'AIDS ofinternational polities'' and Europe atangle ofsquabbling nationalities.'' He thenpresented a shortsynopsis ofthe history ofthepeople ofthese United States, including thevarious countries they hadcome from andwhy settlers ofall types hadcome to North America. Our ancestors, said Schlesinger, desiredabetterworld. Thishope stillfills the soulofall whocome here,and that ...Arthur,continued onpage 6 SisterSouljahon Empowerment neithermentionedthequestionnorquotedher Sister Souljah, formerly Lisa fullresponse; ' 'White people, this GovernWilliamson, spoke to a filledlecture hall on ment and that Mayor were well aware ofthe U.B.'sSouthCampusonNovemberlO. Souljah, fact thatblack people were dying every day in who for the past severalyears has lectured on Los Angeles undergang violence. Soifyou're racism, recently gainedwidespreadnotoriety a gangmember and you would normally be after being condemned by President-elect killing somebody, why not kill a white perClinton at theannual convention oftheRainson?" Rep. Charlesßangel viewedClinton's bow Coalition this past June. She began her attack on sister Souljah as "a way to court lecture onracism by explaining howthe "Eswhite votes.'' Jesse Jackson, founder ofthe tablishmenfandmediaattemptto undermine Rainbow Coalition, was infuriated, saying her fightagainstracism by portrayingherasan Souljah "representsthefeelingsandhopesof a whole generation of people." In a recent "angry and irrationallady." Perhapsnoepisode demonstrates this more than Sister interview, Souljah saidthat shebelieves itwas Souljah's sudden appearance in the national Clinton's intention "to makeme intoaWillie Horton,a campaign issue, ablack monsterthat spotlight this past summer. wouldscarethewhite population to thepolls." While speaking at the Rainbow Coaliyen tion Con tion in June,President-elect Clinton Clinton, she said, is "an alien in the African chargedthat Souljahpromotedracial division community, sohe wasn'tinto myactivism." and hatred,referring to astatementon a music During her nearly two hour lecture on video whereSouljah said that ifthere were any racism, Souljah,ofcourse,madenomentionof goodwhitepeople.shehadn'tmet themyet By violence or hatred against whites. She did selecting one sentence from her lengthy re- advocate measures, however, which certain sponse to a Washington Postinterview, regardwhites may findjustas disruptiveto thecurrent ing the violence against whites that occurred state ofrace-relations in this country. Souljah duringthe L.A. riots, interviewerDavidMills outlined afive-point programto promote black asked Souljah, "Even thepeople themselves empowerment and freedom fromracism(i.e. whowereperpetrating thatviolence, didthey discrimination against people of color by think it was wise? Was that wise, reasoned whites). Many ofherideas echoed the politiaction?" Souljah, being asked to empathize cal, economicand social theoriesput forthby with, and express the mindset of, those who other past and present blackleaders, such as committed the violence, gave a lengthy re...Souljah, continued onpage 6 sponse, but Clinton and most ofthe media byJoeAntonecchia HIGHLIGHTS Other Life ofEwing Editorials & Commentaries Foreign Correspondent Bad Faith Wins Division 3 4-5 6 7 �I DO YOURSELF JUSTICE Study with Pieper... and pass. i PEEPER NEW YORK-MULTTSTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �THE GRADUATE GROUP ON HUMAN RIGHTS LAW & POLICY byKevin P. Collins, NewsEditor The Graduate Group on Human Rights Law & Policy (hereinaftertheGrad Group) has functioned since 1985. It serves as a center of common interestsformembers oftheUniversitycommunity concerned withhumanrights. The Grad Group emphasizes interdisciplinary researchand discussion, and has become active inpublishing theworkofindividual mem- internationalhumanrights promotion orpro- THE OTHER LIFE OF CHARLES P. EWING byDanHarris tection,the Grad Group is opento co-sponsorship. Likewise, the Grad Group will seek to developand co-sponsorprogramsofinterestto awide variety ofgroups within the university. Additionally, the Grad Group isinterested in any research workbeing done inother departmentsasitrelatestohumanrights. With a special emphasis on economic, social, cul- ProfessorCharlesP. Ewingisaman with twocareers. Oneofhiscareersisteachinglaw here at ÜB, and the other is being a forensic psychologist. His specialty is in evaluating defendants to determinetheir sanity. Professor Ewing received a Ph.D. in Psychology fromCornellUniversity in 1975. In 1983,he received hisJ.D. from HarvardLaw Schooland is now inhis tenthyear ofteaching atUB. Within thepastmonth, Professor Ewing has testifiedas an expertwitness intwo murder trials. OneappearancewasforFeliciaMorgan in Milwaukee, Wisconsin (with some ofhis testimony televised on CourtroomTV),and the second was in the John Justice case here in Buffalo,New York. Felicia Morgan killed a woman while heronthe street AfterexaminingMs. robbing differentstudent each issue. group featuring | a series a GROUP SPOTLIGHT will be Morgan, Professor Ewing found her insane, bers through sponsorship ofan' 'Occasional turaland so-called "third generation"rights betievingthatshe suffersfromPostTraumatic was apparently caused Papers" series. The Grad Group sponsors such as environmental protection, there is a Stress Disorder. This by herhaving been repeatedly raped, beaten, ' 'Human Rights Week" and occasional speak- great deal oflatitude in the conceptof"human androbbed overthe seventeen years ofherlife. ers, as wel 1 as films ofpotential interest to the rights.'' Areas of special interestinclude the On the ofthe killing, he claims she lost night University community. It also meets to dis- theory/philosophy ofrights/humanrights, intouch withreality and killed her victim. cuss issues ofresearch interest to particular ternational women's issues/feminist theory, the Despite testimony of Professor members. Meeting datesand times are posted the right to health care, the protection ofthe testimony ofan addias the well as Ewing, environment,and a variety ofarea topics inin theLaw School(O'Brian Hall)and throughthe jury found psychology, tional expert in out the University. Members from all disci- cluding human rights in Latin America, Afthat the jury believes Ewing sane. Morgan plines are welcometo join orbecome involved rica, the MiddleEast, andrecently the concern this was the came to this conclusion because withthe group. over the North American Free Trade Agreearea geographic first case that high profile in The Grad Group is actively engaged ment and the abuses ofMexican workers in AdJeffreyDahmer. since involving insanity with, and supports, the efforts ofAmnesty American owned plants (the Maquiladoras) two experts in psycholwere ditionally,there International, other nongovernmental organialong the northern borderofMexico. zations, and student groupsseekingtopromote The GradGrouprecently heldits Human ogy for the prosecution who testified that international human rights. It especially en- Rights Week and has many plans fortherestof Morgan was mentally disturbed, but not incourages links between studentgroups within theacademic year. OnTuesday, December 8, sane, and that the killing was economically the University interested in humanrights. the Palestinian Archbishop of Jerusalem, motivated. Professor Ewing expectsMorgan toreThe Grad Group is partoftheProgram in Michel Sabbah, will be giving a presentation ceiveaharsh prison sentence. However, if she Human Rights Law & Policy (The Human on a justMiddle East peace in the Woldman Rights Center)and itsCo-Directors are ProfesTheater, Norton 112,at8p.m. On January 14, had been found insane, she wouldhave been committed toa mental hospitalforanex tended sorClaude Welch, Ph. D. (Political Science) General Lewis McKenzie, the Commanderperiodoftime. According to Ewing, "One of andProfessor Virginia Leary, J.D. Ph. D. (Law). in-Chiefofthe UnitedNations peace keeping the thatpeople don'trealize, with the things Julia Hall is the Graduate Assistant for the forces inthe former Yugoslavia will speak out defense, is thatpeoplewho are found insanity Grad Group, the office ofthe Grad Group is onhumanrights abuses. Not Guilty by Reason ofInsanity (NGRI) are located in Room 408 ofO'Brian Hall, and its Membership in the Grad Group is open often locked up longer than people who are telephonenumberis (716) 645-2073. to all graduate students of any discipline, convicted." Italso encourages interdisciplinaryreincluding law students ofall years. Interested Immediately after he completed testisearchand the co-sponsorship ofevents, speakstudents may contact eitherJuliaHall orsome for Felicia Morgan, Professor Ewing fying ers, conferences, films, etc. The Grad Group ofthelaw studentmembersoftheGradGroup: forJohnJustice. In 1985,JohnJustice testified includes facultyand students from the depart3L,JamalArurLßox#9;2L, BonnyButler,Box killed both his parents and his brother. In a ments ofeducation, political science, sociol# 98; or 3L, Cheryl Gandy, Box # 98 (who attempt he crashed his car into failed suicide ogy, philosophy, anthropology, english, and successfully administered the Grad Group's the driver ofthe other car, another car and women's studies. If you or your group are HumanßightsWeek). Wayne Haun, became Justice'sfourth victim. planning programs dealing withany aspectof by PaulRoalsvig, Photo Editor Fresh from astint downto wnas an expert witness in the trial ofJohn Justice (see "The Other Life ofCharles P. Ewing*'), Professor Ewing addressed theUniversity community on Thursday, November 19. The discussion was entitled Violence in Interpersonal Relationships" and was hosted by the Univer Prof. Ewing Speaks on BattenedWomen been in use for approximately fifteen years. Prior to that, such forms of violenceand systematic abuse didnothave any formal labels. The recognition ofthis syndrome by psychbloandmembersofthe legal community anecessary first step in taking form woman will thenbe caught in a situationfrom which shemay have a great deal ofdifficulty ■ing. He was tried for the four murders and found guilty for the murder ofhismotherand the car driver. The juryfound himNGRI for themurder ofhis father and brother. On appeal, a state appellate court found fault with the jury instructions on insanity. The guilty verdicts were overturnedand Justice wasretried for the murderofhismotherand the driver. After John Justice was granted a new his trial, attorney contacted Professor Ewing. Upon examining Justice, Ewing found John Justiceinsane. In fact, he said,''To me, this is the clearest, most clear-cut, case I've ever been involved in." The jury found John Justice guilty of Manslaughter! (Extreme Emotional Disturbance) forkillinghis mother. Justice wasalso found guiltyofManslaughter 2 (Reckless Homicide) for killing Wayne Haun. Professor Ewing believes that Justice was not found NGRI because ofthe predispositions ofthe local community against the insanity defense, however,he doesfeel thatfora sane defendant, the juryrendered a fair verdict. Justice was sufferingfrom extreme emotional disturbance whenhekilled his mother, and he was acting recklessly whenhekilledHaun. Ewing commented that, "Once you decide this is not a case ofinsanity, then the verdictis very just.'' The maximum amount ofprison time John Justicecan be sentenced to is 8 112 to 25 years, assuming the judge gives him concurrent sentences. If he had been convicted of Murder, he would have been sentenced to 25 LIFE. Justicehas already served seven years, andwiUnow return to prisonforamaximumof eighteen years. Justicecouldalternatively be sentenced as a Youthful Offender. Youthful Offenderstatusisavailabletopeoplewhoare under eighteenwhentheycommita crime,and have a clean record at that time. If he is sentenced as a YouthfulOffender, Justice will be sentenced to a maximum offour years in prison. Once his sentence is completed as a Youthful Offender, hiscriminalrecord willbe expunged (as he has already served seven years, hypothetically Justicecould be released from prisonupon sentencing). After John Justice completes hisprison sentence, Professor Ewing believes he will be put in a forensic mental healthunit forkilling his father andbrother. He statedthat''this is almostacaseofFirstlmpression. Whenhewas firstfound NGRI on two, and Guilty on two, the - ...Ewing, continued on page 7 tempted to interveneby assisting a neighbor who wasregularly beatenand verbailyabused by the husband. In the ensuing fight with the enraged husband, the' good Samaritan neigh- bor was fatally stab'r The obvious The reasons women stay in abush external" fact* > call the veil-, calls. equif - al and physical ing,havep tame ofthe gai . ments.and malic abuse or usually one wholias h mbleci mtrolling vari< ius aspects ofhis life, such as his job or other relationships, and thusresorts to exen ing control overtheonly remaining facet ofhis life thai he is able io, his girlfriend or his v Theterm "Battered WomanSyndrome" lore Walker ami has only - vhrepresentstb im has (he greatestrisk o fharm at id the ordeath; Loving Contrition,'' during which the perpetrator cool:: off, and trie seek forgiveness for his behavior Often the abuser is so attentive and loving during this last apotogetic phase that the woman forgiveshim. A major problem lies m that this attention provides positivereinforcementfor thewoman to slay in the relationship. What invariably results isfhai these three phases begin to repeat themselves, and when this happens the violence may get worse and/or the last s(age. the "loving contrition," may cease to occur. The ' ness throughmany VV i; who is in such a relationship onh cc, stated Ewin doso as quick!y as possibly. to get out, and to < They can thenbe referred to a haven house >r shelter for battered women. In more rural settings, or areas where such facilities do not exist, women in abusiverelationships unfortunately have a much harder time finding adequate help and shelter.Pro lessor Ewing also recommended that you should not personally olTerassistancetosuchanabusedperson Ikspoke of an incident where a man had at- crucifix to In conclusion, Professor Ewing briefly outlined the inadequacy oftreatment programs avior ofrepeat abusdesigned to alft ers, stating simply that they just don't work luckily, he observed, theattitudes ofthe po lice towards domestic violence calls has become more serious, albeit due to the fact thai several police-departments have been sue. failing to take th December 1,1992 v precautions. The Opinion 3 �OPINION ißi Volume 33, No. 8 December 1,1992 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptistc Business Manager: Michael Radjavitch NewsEditor: Kevin P. Collins Features Editor: NatalieA. Lesh LayoutEditor: GarySimpson Photography Editor: Paulßoalsvig ArtDirector: StaffWriters: Tracy Dale Sammarco, W.F.Trezevaiit Contributors: JoeAntonecchia, GwenCarr,' Seah Day, DanHarris, LauraKniaz, Sharon Nosenchuck, EDITORIAL Its a Matter of Ethics Gorden Liddy. JohnDean. Richard Nixon. Familiar names from the past? Maybe not. How about Justice Clarence Thomas or ex-Judge Sol Wachtler ofthe New York Court of Appeals? These may ring a bell. Ethics in the legal profession hasbeen a greatconcern withinthe legal profession. Afterthe fall ofthe Nixon empire with Watergate in 1972, the American BarAssociation adopted aresolution requiring alllawstudents to complete a course in legal ethics prior to graduation. However, even in light of constantrreoccurrences of unethical conduct at the highest levels ofthe profession, the administration of UB law school will embark on a policyto reduce the course credit for' 'Legal Profession, ÜB' s ethics course which is usuallytaughtduring the Spring semester offirst year law school, from 3 credits to 1 credit. It appears that theadministration' s change was motivatedby our' 'infamous Research & Writing Program ("R & W") as it tries to find itsnitch within the law school curriculum. They state that sincethe workrequiredin Research & Writingin the Spring exceeds thenormal workload, R& W shouldreceive an additional credit during next semester. There is no question that many current 2Ls did not, and could not, taketheir R & W class seriouslyduring their first year, which is what lead" them to collectively demanda fetter learning experience-in research and writing and at least onewriting sample for summeremployersby the end ofthe Fall. The result has been one credit of work in the Fall and an overloaded "catch-up" in the Spring. Andwhatisthecostofthis"minormodification?" Ethics. Thereal issue that needs to be addressed is why there is such a great imbalance betweenthe course load ofR & W in theFall andthe course load for R& W in the Spring; not to find ways to cut back on exposing law students to vital concepts ofethical practices and standards. Although this action by theadministration seemsan easy remedy to balance out 1Lterm credit hours, it clearly reduces the perceived value of "Legal Profession" as an important element of legal education. It is inevitable thatthe previous ethics program will bereduced to comply with the decreasedcredit value andstudentattention to thesubjectwill similarly take a back seatto higher credit courses. One must admit that throughoutthe academic community, questions remain as to whether courses in ethics will result in producingmore ethical lawyers. However, a law student ought to get a full exposure to such a crucial course which serve as a guideto theapplication ofskills developed in other legal disciplines. Will UB require its own "Watergate II" of extensive ethical violations before they realize that greater emphasis is neededto guide law studentsas to theirethical obligations withinthe legal community? One can only wonder what is happening at Sol Wachtler's old law school. Copyright 1992. The Opinion.SBA. Any reproduction ofmaterialsherein is strictly prohibited withoutthe expressconsent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudent newspaperof theStateUniversity ofNew York at BuffaloSchool ofLaw. Theviews expressed in thispaper are not necessarily those of theEditorsorStaffofTheOpinion.The Opinion isanon-profit organization, thirdclasspostage enteredatßuffalo.NY. Editorialpolicy ofTheOpiruonis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelous content. Letters 1ongerthanthree typed doublespaced pages wil 1 beedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law school mailboxes 223 or 611. Deadlinesforthe semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed hy the Editorial Board ofThe Opinion. 4 The Opinion December I, 1992 Opinion Mailbox +/- System Only to Apply to the Q Grade To the Editor: The Opinion for November 10,1992erroneously reported the Faculty's action on November6,l992invotingtochangetheLawSchoolgradingsystem. The decision wasto add plus andminus grades onlyto the 0 grade: the H, D, and F grades wouldnotbe subjecttoplusesand minuses. Thus, none ofuswill need to worryabout the distinctionbetween Q-plus and H-minus, or the message conveyed by a D-plus. Sincerely, Barry B. Boyer Dean and Professor ofLaw - , COMMENTARY: Refuge or Killing Field by Gwen Carr, Scan Day, Laura Kniaz Monday, November 16~We forsook ourcriminal law class and got up at 4:3 0 am. Ourpurpose was to make it to the Iroquois Wildliferefuge by sunrise, the official time huntersstartkilling deer. As representatives ofStudentsofLaw forAnimal Rights (SOLAR), we were, participating in aprotest against hunting, organized bytheAnimalRights Advocates (ARA) forWestern New York. Ourpurpose wasto dispel manyofthepopularmyths thatshieldwhatin reality is a death sport. Justificationsfor killing deer, including the population control argument, overlook the fact that wildlife management is purposefully manipulatingthenatural ecology forour" enjoyment By protesting we wanted to express our disgust that a wild life refuge, a place of safety for all wildlife, turns into a killing field for six months a year. The protest did attract a small turnout from the media, although the news reporterfrom Channel7 found theparkrangermore intriguing than ourprotest. As fortheparkranger, he wasmore concerned with seeing thatwedidn'tviolate any of his' 'rules," including the warning thatwe were to go to thebathroom one atatime. Thewildlife management's support forourcause, orrather lack ofit, wasperhaps best illustrated by the factthat they limited theprotesttothirty participants, told uswhere to stand, warned us notto disturbthe hunters, required us to make two tripsto the wildlifemanagement officeto get apermit, and wrote down ourlicenseplate numbers. Despite these difficulties,as we heard the shots in the distance, and imagined deerrunning to escape their deaths, weremembered why weneeded to bethere. The sounds ofdeath made usrealizehow hunting is a barbaric sport, and how we need to hope that ssja society we arecapable Ofmore. Are we? ~' " THEBUFFALOENVIRONMENTALLAW JOURNALwillbeissuingacallfor student papers next semester. The Journalpublishes environmentalarticles with focuses on issues ofparticular interestto the GreatLakes Region. The Buffalo EnvironmentalLaw Journal willbelooking forseveral high qualitystudentworksforits Spring 1993volume. If youhavewritten an articleyou wouldlike the Journalto consider, you shouldhave thepaper in final form by January when the journal will be formally accepting student pieces for consideration. Ifyouhaveany questions please visitthe office, Room 7 O'Brian Hall, or contact Elizabeth Beiring, Box 17. ITHE TM THfINKS6iVJH6 T«Y| HBBaaaaB II^aBaaHaHHaaI^BIa^HHI^BHBaMMHIBHIIBBIIBBKaIBIBBaHaaBagBBI^MaHH Deadline for next Issue: Friday, January 8, 1993 Leave submissions in Box 223 or Box 61 I �STUDENTS Trials By NatalieA. Lesh After spendingfouryearsata women's have distinct biological, physical and psychocollege, I am constantly amazed by the logical characteristics which giverise to disvariousperceptions offeminism I encounter tinct needs and responsibilities. While it is in my daily life. This is not to say that I true that our culture is to a limited extent believe thatthere is onemodel offeminism responsible for the development of certain which is "correct," orthattherecan beany characteristics in men and women, complete model offeminism at all, but that most of reliance upon this socialization argument is whatI hear withregard to feminismreflects misplaced. Itisadenialofreality to ignore the popular, stereotypical beliefswhich I thought inherent differences between menand women, would have been dispelled long ago. Yes, and the denialcan only be invain. We cannot separate ourselves and our situations from this is, ofcourse, hopeless optimism! It seems thatalotofmen and women these conditions. For example, women alone are able to aredistractedby thoughts ofequality. This is not the issue at all. Men and women are bringforthnewlifefromtheirbodies. Tbisis notequai and never will be. Therearemany perhaps the greatest miracle, and itis someimportantdifferences betweenthe twosexes, thingwhichmenmayneverdo. Unfortunately, and thesedifferences should not be ignored though, many women viewthis as theultimate or dismissed. They should be celebrated! punishment, from whichthey woulddoalmost Whatl seehappening, however, is that many anythingtobereleased. Both menandwomen women acknowledge theirdifferencesfrom speak ofpregnancy and childbirth as excrucimenasunfortunateandburdensome. There atingly painful events which menare lucky not is somekind ofunderlying assumptionthat to have to experience. It seems ironic that the malemodel is to be embraced, and that, society has reduced this awesome ability of therefore, women's differences from this women to something so undesirable. What is norm'are to be lamented. truly ironic, however, is thatthis view is esAtthis pointI should probably add that poused with the belief that it will help to when I say that menand womenwill never empowerwomen in ourmale-dominated world. be equal I do not mean to suggest that they But whatisempowering about being made to should not enjoythe same opportunities or feel inadequate and inferiorbecause ofwhat, rights. Rather, I mean that men and women andwho.weare? However, itis an extremely PRESENT DISPLAY ON NAFTA Features Editor easy to fall into such a trap. "Feminism" is usually associated withbreaking downbarriers which haslead to greater achievements by women and to improving the status of women in society. With thesegoals in mind, it is hardly surprising that there should be such intense resistance to the acceptance ofthe "traditional" role ofmother. As the argument goes, no woman really wants to be just a mother. Many womenwhocall themselves feminists denounce other women for submitting to motherhood, as ifthisdecision is some kind ofcop-out forwhichthey shouldapologize. The assumption that women's traditional roles are unacceptable is devastating to the cause of feminism, as the effect is to create needless hostility among women. What itall comes down to ischoice, respectandhappiness. There is no onepath a woman "feminist" shouldlake. A woman isno less a feminist if shechooses to stay at homeand raise children instead ofchoosing topursueacareeroutsideofthehome. What isimportant isallowing each women to feel thatshe has theright to makethis choice, mat she can make a choice which willbring her happiness,andthatotherwomen willrespect her choice forthese veryreasons. GET YOUR COPY OF THE 1992-93 PHI ALPHA DELTA STUDENT DIRECTORY DUE OUT DECEMBER 3,1992 Qhe(^.yoijir..^u4,^tmdlb.p,x by Kevin P. Collins, News Editor On Wednesday.November 11,theLabor andEmployment Law Association (LAELA), in conjunction withtheLawStudents for Corporate Accountability (LSC A), heldan informationaldisplay onthe North American Free TradeAgreement(NAFTA)outsideofthelaw schoollibrary onthe secondfloor ofO'Brian Hall.Thedisplay on NAFTA was done as part oftheHuman Rights Week events which are organized by the Graduate Group on Human Rights Law and Policy (see Group Spotlighton page # 1). NAFTA is a humanrights concern becauseof theramifications its passage would have for the Mexican workers in the Maquiladoras (American owned plants along Mexico'snorthernborder). Theexploitationof workersintheMaquiladoraplantsisaconcem, as it is feared thatthese workers will have their laborrights ignored and willalso be harmed by environmental impacts. Thedisplay onNAFTA included newspaper and magazine articles, lawreview commentaries, books, the New York StateLegislative frndingsonNAFTA.andmuchmore. A video oftheMacNeil/LehrerNewshour, which recently heldadebateonNAFTA asoneofits segments, wasalso displayed. Many students, including students from the business school ; and undergraduates, stoppedby thetable and learned about NAFTA. A few students also photocopied someofthe information in order to use it forresearch they are presently doing r ! on the NAFTA. LAELA will be establishing an informational/research fiIeonNAFTA to be puton reserve in the law school library for general use, and specifically for those whoare doing research, or simply want to learn moreabout ; NAFTA. This file will include varied and extensive information, such as legislativefindings, student articles, law reviews commentaries,andabibliographyofsourcesonNAFTA. - . KENNEDY BILL MIDC-HYGRAENGRAE.DB E RILLIANT December 1,1992 The Opinion 5 �I ...Souljah, continued from page I MalcolmX,MartinLutherKing,Jr.,andKwame Toure. First, she called for African-centered education. Souljahcontinually referred to the strength she draws from being aware ofher people'spro found culture, especially fromthe matriarchal structure ofmany African societies. She decriedthe currentlack ofinstruction in African culture, saying that Africans in America (she uses the term "African" not ' 'African-American;'' this is indicative ofher belief inboth the importance ofcultural identity andrepugnance ofAmerican racism) are "divorced" from theirculture. She criticized mediacoverageofAfricafor inordinately focusing on famine, charity efforts, black-onblack wars, and natural devastation. Being Africanand studying Africanculture, she said, fosters' 'a particular way oflife, a particular way ofunderstandingrelation to thereal world and tothe politicsand economic structure of society. She placed special importance onthe sexual values promoted in African cultures, which stress discipline, respect, and control over one's "lower desires" (in contrast, she said, with capitalist-European values, which ultimately promotetaking allyou canget). In this vein shereferred to the concept ofMaat, which meansbalance, harmony andreciprocity, fostering equality and mutual respect between menand women. She said that African cultures also stress the value ofland and its ...Arthur, continuedfromfrontpage ofthe world still flock to iswhy therepressed our shores inthe desireto share inthe American Dream. WhatwasUniqueaboutourpast,said Schlesinger, was that this country's government was formed not according to the principles ofsome existing state, butrather upon theradically new principles ofhumanrights, freedoms, and liberties. In addition it was a nonsecular state, and therefore open to new cultures, beliefs, and values. With areference to Alexis De Touqueville's Democracy in America. Schlesinger reiterated that the strength of America came about due to the creation o fa newtype ofperson—the " American"~forgedbytheunionofthevariouspeoples who came to this continent from other lands, eager to take the chances involved in giving their lives a fresh start, and committed to the Überalidealsofindividualfreedom Schlesinger thenmadeahumorousreference to thebeneficial effects in American society ofinterracial love and marriages, stating, in effect, thatthe promiscuity ofAmericans and letting nature take its course hadassisted in the assimilation and breakdown ofethnic and tribalbarriers. According to Schlesinger, however, the regrettable part was thatthis intermingling of races, which was responsible for much of the strength, flexibility, tolerance, and vitalityof the United States, was in the process ofslowing down, and has seemingly come toa halt in the rid. relation to power, a concept she feels is loston many inner-city blanks whogrow up in public housing (Souljah herselfspenther early childhood in publichousing in theBronx). Along this line, she also attacked awelfare system which, she said,is systematically designed to discourage people from getting paying jobsby imposing such penalties as a loss ofmedical funds. Sheaskedthat students begintheireducation inAfrican culture byreading books and correcting professors who "disrespectblack culture.'' Shealso encouraged the formation ofall-Africanculturalorganizations. Shesaid that, while she hasreceived calls from many black student groupsasking ifthey should let whites join, sheadamantly tells them to remain all-black, for "youcan'tplan liberation with the masters." This conceptofseparation as a necessary means to fight what she terms the "war" againstracism echoes the teachingsofMalcolmX.whosawtheimportanceof blackorganizations independentofthe white liberal Establishment. Unlike Malcolm X, Souljah toldthe mostly black audience that she hasyettomeetanygoodwhitepeople,whoshe definedaswillingtonot onlycollectively fight against racism, but to also give up the individualprivilegesresulting fromsuchinjustice. Also, she feels that too much energy wouldbe spenton theaccommodationnecessaryto make whites feel comfortable as minorities in the group, a status unfamiliar to most whites. In her discussion ofhow to maintain cultural identity in a racist society Souljah clarified that she does not consider herself a '' feminist.'' She explained in a recent interview that "African women historically have beenpowerful, spiritual, decisiveand productive. I don'tbelieve thatI have to attach anew termtomy Africanwomanhood." Souljahalso made a gratuitousremark concerning her perception ofA frican women; she said thatblack women "donotsleep witheachother." While questioningthecommitmentofwhitesinfightingasystemwhose privileges they accept, and as such may be a constructive positive challenge to whites, Souljah's insinuation that being areal African women means not being homosexually active is not only discriminatory, but probably alienatesmany black lesbians who may agree with her goals ofblack empowermentand eradicatingracism. Her second point is the promotion of black-owned andcontrolledbusiness,reminding the audience ofthe potential power any community holdsas consumers. She encourages studentsand young people to start small businesses,utilizing the talent ofthe community. She advocates the bartering of services among black professionals as a vehicle of mutual support. LikeMalcolmX,shestresses the importanceoforganizing culturaland economic links on both the national and internationallevels. She sees such links as especially important given the formation of the New World Order, which she said' 'represents total consolidationofEuropeanwhitepower'' at the continued expense ofthenations ofthe South emhemisphere. Indeed, she views the EEC as thewhitereaction to the rise ofthePacific Rim nations and people of color throughout the world. Third in her program is the establishmentand maintenance ofstrong Africanleadership, especially on the national level. To open the way fornew, younger leadership,she said it would behealthy to have Jesse Jackson debate other black leaders. She criticized Jackson's "Keep Hope Alive" slogan as not promotingprogrammatic,comprehensiveactivity. Herfourthpoint is promotingthe basic protection ofthose fighting the war against racism; she calls for young people to study military science and to defend themselves from the police and military. Finally, she stresses the centralrole ofspirituality inAfrican cultures, where "belief, celebration and useofGod"isasourceofstrength. Shedidnot advocateanyparticularreligion, butaskedthat people devoutlyfollowthereligion they choose. She saidthatAfricans drawpower from "doing goodand gaining mastery over ourminds and deeds." Sister Souljah's lecture tour will be running through the Spring. A newalbum is planned forthis summer, and sheis currently working ona novel about the struggles of a young blackwoman calledNo Disrespect. participation and active commitment by all newcomers to the ideals ofthe Constitution, the Bill ofRights, and thelaws ofthe various states, the various ethnic groups that have come to these shores have gonethe route from sheltered exclusion to participation in the mainstream ofAmerican life. Schlesinger called the public school systema "greatassimilator," and pointed out, asahexampleofwhatthepublic schoolsystem is capable of, the background of New York Governor Mario Cuomo. The public school system shouldbe the primary dcvice whereby weare able topass on the sense ofwhatitmeans to be' 'American to ourchildren, he said. But'among the current trends in education, the trend to belittle or trivialize the contributions to ourculture by ourprimarily europeanpastcausedhimgreatconcern. "The systematic disparagement of western values weakens our countryand culture,'' he noted, adding thatthere are many positive aspects of western culturethatwe should notignore in the education ofouryoung people. The fact thatno other culture has built sucha tradition ofselfevaluation and self-criticism into its fabric is evidenceoftheuniquenessofwestern thought, said Sch lesinger. Furthermore, he found these qualities particularly helpful in confronting the problems ofarapidly changing world such as the one in which welive. fie conceded that many ofthesechanges in western thought had come aboutthrough periods ofpainfulrevolu- However, it wasn't simply the "unmeltable ethnics'' (minorities) who were at fault in this regard, said Schlesinger. Themajority in this country was also beginning to isolate themselves from themainstream ofAmerican life, added Schlesinger. To regain the cultural vitality and strength, which for so long had defined the American people, not only the variousminorities, butthe majoritymust strive for the participation and assimilation of all groupsinto the mainstream ofAmerican life: "Ethnic chauvinism is a vanity no one can afford in a world ofinterrelationships.'' In a question and answer period that followed, Schlesinger statedhis opinion on affirmative action: he was for it in situations where there were demonstrated past racial discrimination and inequities, but once the barrierstoequality bad beenremoved,affirmativeaction maynotbe necessaryany more,and in all cases, affirmativeaction should neverbe thought ofas a permanent solution to racial discrimination. In the long run, Schlesinger said, people must be allowed to rise or fall based on theirown merits. tion and political upheaval, and he admitted therewere stillgrave and serious problems that smhadyettobe - SNOFTD WARCHEUVLD RAMATICIMPACTON BUISNTERAODLSYSTEMS CIMJNUASLTCE I byJoiCary,.Foreign Correspondent Atacomputer software trade show heldrecently inTaipei, Taiwan,Eye Tel Technologies,Inc., a Vancouver based computer software firm, demonstrated their latest software technology. TheTel-EYE-Vision 1000 isafully interactive video communication system thatintegrates existing computer software systems to provide visual communications, and isalreadyhavingadramatic impacton international law and business negotiations. Eye Tel has essentially created a video-telephone which can be used by the average 386-class personal computer. This' 'cutting edge technology allows usersto send full color, high resolution images to another computer viacommon telephone lines. EyeTel produces both still frameand motion picture video communication systems. The still version has a wide variety of applications including: tele-medicine (medical imager,'), military strategic planning, legal negotiations, real estate development and sales, general sales presentations, insurance, credit checks, governmentagencies, long distance education, and qualitycontrol. Tbe company is currently adapting a" version for the Departments ofDe tense in both Canada and the United States. Of the more promising uses for the still frame product are the checking of cr authenticating signatures and documents, and use by governmentagen it agencies and military installations in several countries are experimenting with ntrol, fingerprint identification and station-to-station per indquicke . :esat Jemonstratinghow gether in many div harmony. Further). shoul nity to provide li ership in this area slip us by. Schlcsingerthen talked about how. throu this multiethnicity 6 ■Ipinion anng many other nations apart. Public schools, to fulfilltl i mof it assimilators, should be oneofthe tl bring people together, not help aid. reisanewethni its form, warm denouncing assimilation and is rejecting the positive attributes, results, and ideals ofIhe American "melting pot." This new gospel "re; milationwilhfragmentation." December I,l' and ComputerComirsunicaiu RobertM.Calis(a.ka.Ri a telecommunicatk integrators. "As such, it' i igniflcant Advance inAudiogra] i n theirproducts. According to President and ( jreetowh .car: be used as limited by the imagination of its use in international law and business transactions are virtuallyendk The primary advantage of (he Eye Tel system over AT&T orothermanufacturers is thatinteractive video communication can be affordably made available to any one witha386 and the response time is far quicker than their competitors. T< i (he untrained eye this idvantageous. but in the last paced world ofinternational transactions and government interventionsecondsmay translate intomillionsofdolJars,theapprehension of crimin �...Maastricht, continuedfrompage 1 increasing its members and its markets. might thinkthat Lafili is not hopeful for the future ofthe European Community, however, youwouldbewrong. For,although Lafili is not hopeful for the ratification ofthe Maastricht Treaty, hedoeshave muchhope forthe success oftheintegration oftheEuropean Community. Lafili feels that ifMaastricht fails, it will not beaseriousproblemfortheCommunity. For "the Maastricht Treaty is, after all," said Lafili, "only a treaty, a text." In 1957, the Europeans began a process that is still taking place today. Lafilireminded hisaudience that thisprocess ofEuropean integrationhas been going on since the 1957Treaty of Rome, and added thatthe timeittook for integration did not matter. For, hesaid, "one dayEurope will come to this political union.'' Lafili also said that the twelve member states, as they exist today, are a result of nineteenth century theoriesofthenation-state. He noted that it may be time to redefine the borders within the community. Ernst and Young did a study thatfound thatEurope is a compositionofseventy-oneregions,saidLafili. He suggested thatperhaps Maastricht should be droppedand that asecond chambershould be created in theEuropean Parliament, a chamber thatwould represent the variousregions in Europe. Hefurther suggested thatthepowersof the European Parliament be reinforced. He said thatpresently, thereis a democratic deficit in the European Community, as the appointedEuropean Community Commissioners have morepower than the electedParliament. Lafili toldhislistenersthatanew treaty should be created, one that would' 'give Parliament new strength." Lafili additionallyexplained thata continent like Europe, which has such a long history, has time to wait. If Maastricht fails, hesaid, it wouldnot bring about thefailure of theEuropean Community andthefailure o fa unifiedEurope. A unifiedEurope istoday an everyday reality, unlike at the start of the process inthe 19505. Today, goodsandpeople travelfreelyaround theEuropean Community. Today, all citizens of Community members have the same burgundy-colored passport stamped' 'European Community on the front, said Lafili. While the people ofEurope may live in differentpro vinces and regions, theyall have the economy in common,he said. Lafili toldthe audience thatEurope has recovered from its sickness,noting that''today the Americans are afraid ofEurope." Today, Americans worryabout thecreation of"Fortress Europe,'' Lafili told theaudience, however, Europe cannot be a fortress because the twelve member states are all looking for investments. Lafili said that the idea of a "Fortress Europe" started the United States thinking thatone daythe European Community will be biggerthantheU.S. The U.S. startedlooking around to see whoitcould joinwith, creating at first theFreeTrade Agreement(FTA) with Canada, and eventually, the North American Free Trade Agreement (NAFTA) between Canada, theUnited States, and Mexico. However, in the meantime, the European Community was also discussing the possibilities for Lafili speculated that, eventually, the European Community will be a tremendous market, perhaps encompassing the present members,otherwestern andeasternEuropean countries, and the Mediterranean region. Lafili said that the United States willnot beable to keep up withthis tremendous market. ItwillbeinterestingtocompareNAFTA to Maastricht. NAFTA differsfrom Maastricht in thatthe twelve member states oftheEuropean Community have a common customs union,while inNAFTA each country keeps its own customs tariffs. However, NAFTA is similar to the Maastricht Treaty in that it is signed, but not yet ratified by the member countries. ItisLafili's feeling that NAFTA is only thefirst steptowardaunion similar to the European Community. Hereminded theaudiencethatthe NAFTA members are more similarto eachotherthan theEEC countries in the 19505. ThegoaloftheEuropean Community is toraise the standard ofliving ofits member states, Lafili said. The Belgian lawyer explained that the process that began with the Treaty of Rome in 1957 has balanced the standard ofliving among the member states. However, he said that the functions of the Europeancountries are changing, and that in the NAFTA countries, NAFTA can accomplish the same goal. Lafili also spoke on the topic of the United States anti-trust policy. He said that the policy exists to fightlarge monopolies and that it has worked from the beginning, as it accomplished/its goal ofbreaking the large railroad monopolies. It accomplished this goal,said Lafili, byputting therailroads outof business. Europeancompetition policy differs from itsAmerican counterpart, saidLafili. In Europe, he noted, the policy is not to create tradeborders between the countries, but to try to abolishthese borders. He toldhisaudience thatthe competitionrules in Europe should be turned to advantage. Lafilicontinued by statingthatsincethe 19505, theEuropeans havebeen working onthe creation ofa more unified continent. First therewere sixmembers oftheEuropeanCommunity, thentwelvemembers, andnow, more potential membersareknocking onthe door. The community has progressed fromthe idea ofafreetrade uniontoafull customs union, he said. Maastricht may be a failure, but the integration ofEurope willcontinue. Lafili told hisaudience thatit was importantfor Americans to knowaboutwhat is occurring inEurope, because ofthe potential effects ofthe unionon the United Statesand thepotential opportunitiesfor Americans in Europe. He said thatEurope ismoving towarda politicalunion, for people are living in artificially created states and the "Fatherland is actually Europe. Lafili added thatbyknowing other languagesyou canmore effectivelyknow and communicate withothers. Lafili concluded his presentation by saying that itisa goodthing for the people of Europe tohave aEuropean identity,rather than anational identity. However, the unification ofEurope should be seenas an intermediate step to something elseand should not be the ultimategoal ofthe unification process. CALL FOR PAPERS The Buffalo Journal ofPublic Interest Lawisnowaccepting submissions foritsinaugural.Spring 1993. publication. Former! vlnThe Public Interest, thejournal is pleased to announce thatit is nowprinted in association with the Buffalo Public Interest Law Program. The journal welcomes scholarly articles, commentary, and reviews examining law as an instrument of public policy from faculty, students, and practitioners in all fields of study. The inaugural edition will also feature a symposium, "Public policy, politics and the public interest in the 19905." This forum will feature a wide array of opinions regarding specific prescriptions for public policy and legal change which the next administration faces, based on the state ofthe nation as itlooks ahead to the realities of this decade. The journal invites youto submit an essayof2000-4000words discussinga limited area ofpublic policy or public interest law with which the next administration must cometo terms, including some possible avenues ofreform. The area you choose should reflect its importance in terms of social and economic conditions as they exist, orcanbe expected in the near future, as opposed to problems manufactured through purely political exigencies. Essays accepted for publication will be printed togetherin a forum designed to highlight areas ofpublic interest and concern, and to showcase the efforts ofa broad cross-section ofwriters addressing the pressing problems ofthe 19905. Submissions should be directed to: The Buffalo Journal ofPublic Interest Law University at Buffalo School of Law 118 O'Brian Hall Buffalo, New York 14260 The deadline for submissions is February 1, 1993. Articles received after this date will be considered for the Fall 1993 issue. For further information, please contact F.ditor-in-Chief, Aida Reyes, Box 220. "BAD FAITH"WINS DIVISION byJamesNasium mspiredbyseeingtheirnamesinprint in the last issue ofThe Opinion, the "Bad Faith" basketball teamwent outand trounced thepreviously undefeated "BhieTeam" bya score of58 to 38,winning theirDivision title inU.B.'sIntramuralBasketball League. After suffering their only loss ofthe season to this very sameBlue Teamback in October, afourpoint heart breakerthatwould have wreaked havoc on the psyche of any average team, Bad Faith was onlythinking of one thing on gamenight... PAYBACK! Unlike the slow start they began with last game,Bad Faith charged outto an early ten pointlead in this one on some great 3 -point shooting by point guard, Todd Scott. After getting rejected early in the game, with the defender exclaiming "get that shit outta here," Scott coolly proceeded to sink an exorbitantlylarge number ofbaskets in that same foul-mouthed defender's face, on his waytoa2o-pluspointnight EvenMarkHubal added an uncharacteristiclong range 3-pointer, as heplayed another consistently solid game bothrebounding and passing. Chris Marks, sick with the flu, disregarded bis doctor'sadvice and''hurled in a numberofroutinejumpers and lay-ups while looking surprisingly quick on defense for a man with one foot in the grave. BillKennedy, who must have played his best game ofthe seasonbecause he was never substituted for, successfully' 'cashed' *in from thekey and corners after being on diereceiving end of some nifty passes from Hubaland Scott Recalling thatthe BlueTeam had shot the lights outin their first meeting, the membersofFaith vowed to playrelentless defense during this one. Paul Dell employed the ' 'hippy trippy'' defense to stymieopponents and MarkEyer fouledevery opposing player at least twice as he was determined to keep them offthe scoreboard, and make up for his lack oflateral mobility. Tim Stevens, who played his strongest defensive game to date, used his phenomenal quickness in making steals and push ing thebreak. Eric Haase also added his voice to the tenaciousdefense from thesidelines wherehe wondered,"Whyam Ihere? IgetrrtoreplaymgtimeonNintendo." Despite the fast paced scoring and tough defense, Bad Faith was givena scare early in the second halfas the Blue Team closed the gap to four and the momentum seemed to shift. Faith, however, kept their composure and traded baskets back and forth with the Blue Team until a controversial technical foul call changed the complexion ofthegame. The "T" wasassessed against theBlueTeam when a Blue player tossed the ball at Kennedy after being fouled, and althoughKennedy nonchalantly threwit back at hisadversary, Bad Faithwas not given a "T." Instead, Scott proceeded to sink the foul shotsand put thegame out ofreach. The remainder ofthe gamewasmarred by numerous fouls sending Faith to the line time and again to add to theirlead. Again, Wendy, Colleen and Natalie, otherwise known as the "Faith Faithful" were senthome elated aboutthe victory. ...Ewing, continuedfrompage 3 courtsrealrydidn'tknowwhattodowimhim." According toEwing, "IfJusticehadbeenfound NGRI forthekilling ofhismotherandWayne Haun, thenhe wouldhave definitely gone to a state forensic mental health unit, which is a secure psychiatric facility. He'd have been kept there untilhe proved thathe'sno longer mentally ill or dangerous.'' The sameconditions will apply ifhe is sent to a forensic unit after he completes his prison sentence. Although Professor Ewing' s two most recent cases involvedtestifyingas to the insanity defense, he is no "hired gun." Outofthe4s defendants he' s evaluated, he has only found five to beinsane. Ewing commented,' 'Most ofthecasesthatl've been involved injhaven't testified in because I haven't come up with something that was useful to the party that retained me." In fact, Professor Ewingmakes a point ofnotbeing a "hired gun." Heexplained, "People who always find [for] one way or the other lose credibility quickly. .Whenyoutestify.youcreatearecord, and that record followsyou.'' The most famousprosecution case Professor Ewing was involved in wastheBernard Goetz case. One ofEwing's former students was working atthe Manhattan D.A.'s office at the time Goetz was charged. The alum had read Ewing's book onpsychological self-defense and wondered if Goetz fit within that category. He toldhis supervisor about Ewing and theprosecutoraskedEwing to beaconsultant on the Afterreviewing audio tapes of phone callsGoetzhadmade, videotapes ofhis confession, and other documentation, Ewing concluded that Goetz didn't fit within the category ofpsychological self-defense. Professor Ewing also stressed that the reason he's willing to testify that someone is insane isbecause thelaw requires it. AccordingtoEwing, "Thelawsays, Tfyou'reinsane you're notresponsible foryour crimes.' And that the proper mode of disposition is treatment." He sees threereasons why defendants choose toplead insane. First, the hospital isnot asroughasprison. Second, the insanityplea is . case. vindication of sorts. Ewing explained, "A finding ofGuilty ofMurderbrands you a murderer in the eyes of society, but a finding of NGRI says: Yesyou've committed the crime, butNo.youweren'tresponsible." Third, some defendantsand defense attorney sreally don't understand the consequences oftheinsanity plea. ProfessorEwing hasalso testified asan expert witness on behalf of many battered women. He doesn't testify that they're insane. In fact he believes, "Mostbatteredwomenare not insane. Most battered women whokill their batterersdo so forveryrationalreasons." Generally,Professor Ewing testifiesthat the battered woman acted in self-defense, or sufferedfromExtremeEmotionalDisturbance. The second defensemitigatesMurderto FirstDegree Manslaughter. The effect of that in New YorkState would be to reduce the sentenceof2s-LIFE foraMurder conviction, to 8 1/2-25forManslaughter. OnlytwoofEwing's cases have received ouuight acquittals, while the rest received sentence reductions. The most interestingfacetofProfessor Ewing's forensic psychologistcareer islearning why he does it. While a psychologist, Ewing became very active in child abuse cases. He testified in courtduring the 1970s and foundhimself very frustratedwiththe way the legal system handled childabuse cases. So he went to law school, thinking that maybe if heknew the legal system betterhe could make moreofanimpactonbehalfofabusedchildren. Summing up his career at the present time, Professor Ewing said, "I still feel like a lotofmy workison behalfofbattered kids, but it'satadifferentlevelnow. It'stryingtohelp society see that cases like Felicia Morgan or John Justiceare the results ofchild abuse and neglect. That's why I wentto law school and that' swhy I pursued the career I have, and why I still do. I still believe that the most significant factor in creating violent juveniles is child abuse. If you want to stop juvenile violence, you have to stop beating kids. PHI ALPHA DELTA Wishes to thank the editors ofthe 1992-93 Student Directory for their time, commitment, and hard work. Co-editors: Diane Bolt, Lisa Dalfonso, Hon Lai, W.F. Trezevant Saultan H. Baptiste Editor in Chief You've Done A Great Job !!! December 1,1992 The Opinion - 7 �HHH Sffiß contenUest^Q^arn increased 1 ! «Hn «BHH9H ■ —Mi^aflflHßl "The written materials were excellent-very t0 th e real thing. The workshop helped to cushion the "shock" of the New York essays." HH W.A., Pace Law School HH| think^VwasTTi^^^^^ "' . woe / I 1 know he BSBSHS ; "Overall, one of the best educators I've encountered " in my entire career. The workshop was superb. If I pass I owe it all to Professor Lakin. He taught organization and managed to "sneak in" quite a lot of substantive law as well" A.G., Fordham Law School —— I FOR MORE INFORMATION CONTACT: : H GILBERT New York Essay Advantage" 1500 BROADWAY • NEW YORK, NY. 10036 • (212) 719-0200 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c14ba8b439b5756c33873af73414aede.pdf 8ba9f54530c6574ee1d62b57f677d698 PDF Text Text Volume 33, No. 9 THEOPINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW January 19,1993 DE "GRADE" ATION BySaultan Baptiste After over twenty years ofdiscussion, numerous proposals, and a decision ona new clause was circulated to students during the fall examination period andproduced significant studentreaction. The Student Bar Association initiated a petition drive opposing the immediateapplication ofthenew system garnering a total of474 petitions and a significant number of written comments. President Trezevant thenasked thatthis issue beplaced onthe agenda ofthefirstfaculty meeting ofthe semester later this week so that, "we can correct the apparent oversight ofthe original proposal" President Trezevant stated in an interview that he, "would be dealing with the specific issueofapplicationofthenew grading system to current students." Trezevant explained, "a large numberofstudents believed that any grade change would be phased in, applying prospectively beginning with the entering class of 1996. The students never imagined that a change, ofany kind, would become immediately effective.'' Continuing Trezevant stated, "[that] perhaps the faculty thinks they are making up for lost time after twenty some odd years of discussion and debate without a decision by moving thisquickly." He concludedby saying, "I remain hopeful that we can express our concerns to the faculty and together through dialoguereach a constructive solution to this problem." grading systemat thefinal faculty meeting of 1992, the grading issue will once again be revisited this Friday, January 22,1993 when SBA President Trezevant addresses the faculty. At issue is the immediate implementa- tion oftherecently approved grading system which adds pluses and minuses to the "Q" grade to all current students. Thecontroversybegan over twenty years when the faculty voted to change the ago grading system from onewhich employednumericalrankings to theH-Q format. Since that vote, this issue has remained a sore spot for many studentsand professors as ittouches upon some fundamental questionsaboutthe nature ofa legal education and the role ofthe law school in relation to the practice oflaw. At the las.t faculty meeting ofthe fall semester, the faculty considered a couple of proposed changes in the grading system. Allof those proposals contained language dealing withthetransition from one system tothenext. However, the approval of a change in the grading systemwas not accompanied byapproval ofa transition period, making the new system effective beginning with the spring 1993term. A memo from Dean Boyer explaining thcnewpolicy andthelack ofa "grandfather" - 13 Flee to Florida -Aid Haitian Refugees -LauraVasquez,]PresidentoflLS Inan effortcoordinatedby the International Law Society with help fromKaren thelocal andnational chapters ofthe National Lawyers Guildand the CatholicLegal ImmigrationNetwork, Inc.(CLINIC), 13 SUNY BuffaloLaw students were giventhe opportunity to joinaforce of 120 law students from aroundthe country inWestPahnBeach, Florida to help prepareapplications for political asylum for HaitianRefugees whohave been paroled into the U.S. forayeartopursueasylum claims. Participating law students from all partsoftheU.S. were housed inayouth center provided by C.L.1.N.1.C. in WestPalm Beach where they metwiththerefugees. C.L.1.N.1.C. also provided attorneys to supervise the students'work,Creole interpretersand computers. Each student completed approximately threeapplications for asylum over the course ofone week. Over thecourse ofthe two weeks that the project took place in West Palm Beach, approximately 300 applications for asylum werecompleted by law students from differentschoolsaround the country, under the supervisionofC.L.l.N.l.C.attorneys. Thecases are currently being filed by C.L.1.N.1.C. with the 1.N.5.,and C.L.1.N.1.C. attorneyswill then represent theasylum applicants at their interviews with the I.N.S. which will determine their eligibilityfor obtaining politicalasylum in the U.S.. Students were given the task offillout the necessary I.N.S. paperwork and ing interviewing and taking statements from the Haitian refugees as to why they are seeking political asylum in the United States. As most oftherefugees do not speak english.mostof the interviews were done withthe help ofCreole interpreters who the asylum seekers either brought with them or who were provided by C.L.1.N.1.C. All ofthe students who partici- pated in the project showed great amounts of patience in dealing with the problems and frustrations involved in interviewingthrough interpreters. The students'job was to take the asylum applicant's story ofwhythey fled Haiti and try to show that the applicant has a' 'well founded fear ofpersecution*' in Haiti on account ofrace, religion, nationality, membership in a social group orpolitical opinion (8 U.S.C.S. § 101). Persecution can consist of killing, torture, beating, arrest, detention or any other serious threatto life orfreedom and the fear mustbe shown to be well foundedand have some basis in fact. The HaitianRefugees are fleeing the brutal violencethathas existedin theircountry sincethe overthrow ofdemocratically elected Father Jean Bertrand Aristide in September, 1991. Despite having become familiar with the history ofHaitiand the currentconditions ofviolence thatexist there whilepreparing for theweek in WestPalm Beach, many students who participated in the project were surprised to find out the extent of the violence and brutality recounted in many of their client's stories. At times it was hard not to become Haiti. During the week working with the refugees, I also found thatthose with themost compelling stories stated thatthey would return to Haiti if the current atmosphere of violence were brought to an endand Father Aristide were to return to power. Since the 1991 coup,approximately 36,000 Haitian boat people have been interdictedby the U.S. CoastGuardand detained at the U.S. Naval base in Guantanamo Bay in Cuba. Of this number, the I.N.S. has determinedthatapproximately 11,000Guantanamo Haitians havea credible fear ofpersecution in Haiti. Over 10,700 have been allowed into the U.S. to apply for political asylum. Most of these people remain without effective legal representation and mustrely onlegalaid groups emotionally charged by some ofthe stories suchas C.L.1.N.1.C. which provide pro bono being told by the refugees. According to a legal services to the refugee population. For recent Amnesty International Report, Haiti thoserefugeeswithacredible fearofpersecution in Haiti,their very lives could depend on remains a nation where "lawlessness pervades" and civilianauthorities are "totally effective legalrepresentation before the 1.N.5.. unwilling or powerless" to stop the human Formany, iftheyare sent back, will bekilled. rights abuses spearheaded by the military. All ofthe students who took part in the West Sincelast summer scoresofillegaland arbi- Palm Beach project took theirresponsibilities trary arrests...in most cases accompanied by very seriouslyand according to the supervising torture or other severe ill-treatments, have attorneys, everyonedid agreatjob in preparing beenreported...popularprotests have been fol- the applications for asylum. Unfortunately, lowed by increased repression, including due to the sheer volume of cases and the extrajudicial executions, arrests, harassment lethargy that exists in the process ofapply ing and intimidation". (Amnesty International, forasylum, it is unlikely that the students will Haiti: Human Rights HeldRansom. Washing- beable to keep track oftheirclients cases. If ton,D.CAugustl992,pp. 1-41) Most students they are lucky the clients will be represented whoparticipated in the project in West Palm SeeHaitianpg 4 Beach'found confirmation ofthe Amnesty reports in theircUents'stories. Whilethereare no doubt someasylum applicants from Haiti HIGHLIGHTS whohave come for economic reasons, after 4 hearing some ofthe storiesbeing told during Letterto Faculty the week that we spent in Florida, I am conStudentCommentsonGrades 4-6 2 vinced that most who have taken the risk of Editorial 6 leaving their homeland in dangerous rickety Kennedy's Cartoon boats have legitimatereasons to fear for their lives and safety if they are forced to return to �Opinion Mailbox To the Editor: I usually find John Cody' sadditions to the Federalist Papers amusing and Ido supportfree speech, butI feel he wenttoo far withthe cartoon showing awoman withexposed breasts in the Volume 33, No. 9 January 19, 1993 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: GarySimpson Photography Editor: PaulRoalsvig ArtDirector: BillKennedy StaffWriters: Tracy Dale Sammarco, W.F. Trezevant Contributors: JoeAntonecchia, Gwen Carr, Scan Day, Dan Harris,Laura Kniaz, Sharon Nosenchuck, • • • EDITORIAL Multiculturalism— "A Demandfor the Whole Truth " Recently, a great many detractors of what has been entitled multiculturalism have ;mergedand havecharacterized this phenomenon in such terms asunnecessary and dangeroui o the fabric ofAmerican existence. What I find both interesting and disturbing about these detractors is the fact that they emanate from both sides ofthe ideological divide in this country. Two ofthemore prevalen ;xamples are Author Schlesinger, Jr.andRushLimbaugh. In arecent address before anaudience on the University atBuffalo campus, Schlesingei eferred tomulticulturalismas ethnic chauvinism.'' Additionally, hecharacterized thepub he ichool systemas the "great assimilator", expressing the beliefthat the public school systen >rovides those historical accounts whichall Americans can embrace equally. His premise is hat any deviation from the history curriculum that is currently taught in public schools woulc ;reate a rift between cultures that would damagethe delicate fabric we have come torefer tc is' 'America the Beautiful.'' On the other endofthe spectrum is thelesser enlightened analysis ofRushLimbaugh (z ;ontroversial, conservative,radio call-in program host). Mr. Limbaugh believes thatpublic ichools should not include multicultural curriculum, because ifAfrican Americans learn how >rutally they have been treated historically they will engage in direct attacks on white Americans. He further believes, as is illustrated inrecently published book, thatthe continent ofAfrica las contributed littleto nothing ofmaterial valuethathas been instrumental inthe proliferation )fAmerica. Perhaps Mr. Limbaugh hasn'theardof slaves... It isprecisely due to my victimization at the hands ofthe public school system that I itrongly advocatethe implementation ofa multicultural curriculum in public education. I believe that I was victimized because I,as are many otherAfrican Americans, Native \mericans,Latin Americans andAsian Americans,are continually deprivedoftheknowledge hatourforefathershavemadesignificantcontributionstoourwayoflife. Thesecontributions :xtend far beyond the very limited accounts wearerationed as public school attendees. I takeparticular exception to such deprivations because thehistory weare taughtis fraught villi inaccuracies, slanted accounts and out-right lies. Many civic experts claim that history equires some embellishment in order to developahistoryall Americans can embrace. Guess iVhat? Itsnotworking! I and most Americansknow for example, ChristopherColumbusdidnol iiscoverAmerica, I know that whenthe Thomas Jeffersonattempted to amend theconstitution o eliminateslavery thefounding fathers'' declinedinclusion ofthis provision. I know, now, hat duringthelate 19thand beginning ofthe 20th centuryreported lynchings offreeAfrican 100annually. I knownow thatan African Americaninvented the raffic signal. These historical factsas wellas others were some how omitted from my public ichoolexperience. What bother's me is that my parents or the parents of other ethnic children had an )pportunity to play a part in determining the importance of such historical accounts. What mother's me even more is that certain patronizing individuals wouldcontinue to deprive children vhoattend public schools ofa more comprehensive education; onethat is more inclusive ant vould serve to bring moreunderstanding to futuregenerations sothatthey couldevaluate the nistakes theirparents made and improve upon this country'sracial & cultural climate. Inconclusion, this country would benefitmorefrom atruthfulmulticulturalcurriculum it han would from the currentcurriculum that servesto maintain theclimateofignorance which :urrentlyparalyzesournation. We oppose the application ofthe new gradingsystem to currentlyenrolledstudents. We therefore support the efforts oftheStudent Bar Association on behalfofthe students Copyright 1993. TheOpinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited without the expressconsent ofthe Editors. The Opinionis published everytwo weeks during theFall and Springsemesters. Itis thestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. Theviews expressed in thispaper are not necessarily those of theEditors orStaffofTheOpinion. TheOpinionis anon-profit organization, thirdclass postage enteredatßuffalo.NY. Editorial policvofThe Opinionis determinedby theEditors. TheOpinion is funded by theSBAfromStudentLaw Fees. The Opinionwelcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthree typed double spacedpages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to TheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlinesfor the semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 2 The Opinion January 19,1993 last Federalist Papers. There was no legitimate purpose at all for the cartoon. I feel that the Federalist Papers is an importantalternative voice for those not in theliberal majority at this law schoolto express ideas that would not be discussed any other way. The Federalist Papers thus shouldnotbeused asatoolto see how farMr. Cody can push free speech orto seewhether he canshock people. I am embarrassed tobe evenremotely associated withwhat Mr. Cody did in thelast edition oftheFederalist Papers. Mr. Cody willprobably not believethisafter thisletter,butI wrotemyarticles forthelast Federalist Papers because I thought two students were taking certain issues inthe wrong way. Mr. Cody will probablyaccuse meofdoingthesamething concerningthecartoon, butifhedesires that the Federalist Papers be taken seriously, he must show respect for people's feelings and common standards ofdecency. Hehadtoknowtliatthisairtoonwouldoffendmany,ifnotmost, students in this lawschool. The FederalistPapers should haveas itsprimary mission to encourage thp frreflnwof ideas, not pushing thelimitxoffreespeech By putting thecartoonintheFederalist for the only reason ofpushing the bounds offree speech, Mr. Cody made the apparent Papers Federalist Papers seemlike no more than a fringe newspaper. By being editor of anewspaper ofa society where they claim they are dogmatic about tolerance, I assumed that Mr. Cody would not go out ofhis way to allow something in the newspaperthat wouldbe offensive to many in this school. lam not saying thathe should be punished for whathe did;however, I believe he missed the entirepoint ofwhattheFederalist Papers mission should beabout. Thus, whileI am notasking Mr. Cody to quitas editorof the Federalist Papers. I do believe that he deserves a large degree ofcriticism for his editorial judgment. Finally, I want Mr. Cody to know that,as long as heremains editor, I do not intend to submitany morearticles tothe FederalistPapers because we obviously do no tagree on what the goals for the Federalist Papers should be. Sincerely, COMMENTARY: RADICAL LIBERALISM "BAD FOR AMERICA" Although UB Law School'sreputation for radical liberalism is old news to UB Law students, Irecently met some outside observers whose opinions ofUB Law made me stop and thinkabouttheseservednessofUß'sreputation. IsUB Lawtruly "radical?" Andifso,isthis brand ofradicalism good orbad? LikemostUß Law students, I wasapprised ofUß' spredilection for leftistpolitics before applying to law school. The leftist polities'' I waswarned about wasnot simplyan alignment with the traditionalliberalism ofHubert Humphrey and Jacob Javits. Rather,UB was identified as' 'Berkeley ofthe East", embracing radical political thought. Accordingly, UB is viewed eitheras anincubator for innovative solutions to the world'sphilosophical crises orabreeding groundfor subversion ofthetraditionalAmerican ethos. I was excieted about thisfor I knew my ownpolitical convictions and views ofhumanity' sresponsibilities to society would be tested asneverbefore. After on semesteratUßLaw,lhavefoundtheschoorsreputationtobedeserved at the official level, with some exceptions. Most political expressions by the faculty and administration seem to reflect a philosophy that is leftistand out oftouch with grass roots America. Conversely, the studentbody belies the school'sliberalreputationand is insteadmore diverseandrealistic in its outlook onsociety. I further believe thattheradical liberalism atUB Law is an inherently bad philosophy although exposure to its flaws can yield positive effects. The observations that follow delineatethe reasons for my unfavorable assessment of radical liberalism andare necessarily critical ofsome professors. Iintend no disrespectfor my academic mentors. On personal and professional levels, I have found my professors to be amicableandhighly competent My criticism isnotsomuchashowofdisfavorforany particular professors as itis a disagreement with theradical liberalism thatmany professors propagate. Itisnot only theprofessors' insertions ofliberal politicalviewpoints duringclassroom discussions thathas confirmedforme the school'sstanding as a bastion ofliberalism, butmore significantly, itis the method employed by these professors to delivertheirviews whichyields the confirmation. This method actually makes some caricatures of liberals seem mild in comparison. It demonstratesafundamental characteristic ofradical liberalism: the policing of expression to ensure "political correctness", according to radically liberal standards. Althoughl hadreadaboutmanifestations ofpolitical correctnessbyradical liberals onuniversity campuses before entering law school, I didnot expect itto beasreadily apparent as it is atUB Law, at least on the official level. A primary example ofsuch political correctness is the way some professors choose to their distaste forpolitical conservatism. Rahter thanintroducing a topic on the position of vent certainpoliticalleader for discussiononitsmerits, some professors willsimplymock theissues a orpersons they deem politically incorrectby some derisive, scornfulreference to the same. This "hitand run" method of discounting opposing viewpoints reveal the professor's arrogant conclusion that onlyan intellectual Neanderthal would support the position orperson thatthe teacher has deemed politically unacceptable. Mypersonal choice for last semester's humdinger o fall stereotypical, politically correct statements hastobewhenondiscussionofthetrialofPresidentßeagan'swouldbeassassin John Hinckley was begun by the professor, in a failedattemptatblack humor, statinghis regret that Mr. Hinckley was sucha' 'poorshot'' Notsurprisingly, theprofessoruncourageously foreclosed any chance for certain student indignation by declining to discuss his inflamatoryremark lest any "Republicanpassions'' bearoused. As far as I am concerned professors have an inviolableright tomake blatantly irresponsible remarks or derisive comments about politicians to whom they may be unendeared. Political correctnessrearsits uglyface whenintoleranceis exhibited toward thosewhocriticizethe gods oftheleft or dare to question the sanctity of favority liberal causes such as affirmative action ormuluculturalism. Can one evenimagine the cacophony ofprotestthat wouldensue ifastudent . RacicalLiberalism, Continued onpage 6 Deadline for next Issue: Friday, January 29 1993 Leave submissions in Box 223 or Box 611 �SBA BRIEFS Trials SBA GradeProtestand Welcome Back Features Editor By Natalie A. Lesh Features Article Ithoughtthatl would writeaboutsomehing a little different than usual for my last features article: a law school issue. Two ssues, actually, ifthey giveme enough space. First, theCorporations situation. Apparintly, the Law School Administration is punshing those third-yearlaw students who chose lottotakeCorporationswithProfessorSchlegal indwhodidn'tgetalow enough lottery pickto ake it with anyone else. Anumberofthird-yearshaveapproached various members ofthe Administration with he suggestionthatanother section ofCorporaions be opened up this semester, given the ;xtensive waiting listfor Professor PitegofFs fersionofthe course, as wellas the importance )ffhesubjectforßarExampurposes. Asmost >eople know by now, the idea was rejected. Dnewoman was told thatthere wereplenty of impty seats in Professor Schlegal's class and hatitwasherownfaultfornottakingtheclass vhenitwas taughtby him. She wasadvised to mrchase abookon Corporations and to teach t to herself. But that is exactly what she was rying to avoid by not taking Professor Schlegal's class. The unwillingness ofthe Administraion seems even moreridiculous givethe fact hat Corporations isnow being taughttooneof he first-year sections. It is obvious that one ;ure for the problem oftoo many third-years leeding acertain core courseduringtheir final ;emester is to offerthatcourse to them before hen,likewhentheyarefirst-years. Whilethis jffortto addressthe problem isadmirable, itis lnnecessary and unfortunate thatthe present hird-year students are being sacrificed to a iolutionwhose benefitswillnot bereaped for wo more years. Further.ProfessorPitegofrsmethodof selectinghis class this semester deservescomment. In order to obtain aplace onhis waiting list, each student had to write him a letter, explaining why he orshe wanted to take Corporations. Personally, I opted forthetruthand said that Iwanted to take the course in order to preparefor the Bar Exam. Even though I was third on thelist, I wasnotamong the handful of students chosen to be in the class. Alas, I probably should have professed a deep and intense love forthe subject. (Justsoyouknow that this isnotsourgrapes,Ididn'treally try to force into the class afterthat,and I don' treally mind that I'm not in it. I have put my faith in Bar/Bri.) A few thingseem clear: 1. Studentsare not beating down thedoortotake Corporations with Professor Schlegal; 2. In the past two years, Corporations hasonlybeenoffered twice by instructorsother thanProfessor Schlegal; 3. Corporations isakey course to prepare students fortheßar;and,4.Too many Buffalo third-year law students will be taking the Bar Exam without any prior exposure to Corporations, except that obtained during theirbar review course. lalwaysthoughtthat schoolsand universities were created for the purpose ofserving and educating its students. It isdisgustingthat anadministration would ignore therealities of a situation like the present one, and deny its studentsan important part oftheir education. Many students, myselfincluded, came to BuffaloLaw because itwas notnecessarily a "bar school." Buttheopportunityforamore liberal education should not mean the denial ofthe opportunity totake core bar courses. Afterall, I would guessthat the majority ofpeoplewho go to law school will take the Bar Exam, and thateveryone who isplanning to take the Bar Exam would like to think that they will be passing it. At Buffalo Law, we are not so assured. The Law School will be the ultimate loser. Forthose about to enterlaw school, the optionofa "critical legalstudies'' education will be less attractive than the guarantee that they will eventually pass the Bar Exam. A law school's bar-passing rate will become moreandmore importantas greater numbers ofpeople head for law school and a legal career. Additionally, there is the financial aspectofmamtaining happy students. Ifpeople graduate from law schooland feel that they havereceived a quality legal eduction, they will demonstrate their appreciativeness by giving back to that school- by making monetary donations. Onthe otherhand, ifthey are not satisfiedwiththeireducation, the contributions will indeed be slim. The next issue: the new grading system. (I'msorry forbeating adeadhorse, but I justcannotbypass thisopportunityto add my twocentsworth. I promise thatl willbe brief.) The new system should not apply to any enrolledlaw students. It should begin with next year's entering class. Period. Asthoseofyouwho havemade it to this point in the article may have noticed, at the beginning I said thatthis is my last features article. It is. Myreasons forresigning from TheOpinionare personal,and I therefore will notgo intothemnow(oratany othertime, for thatmatter). Butlwould like to thank everyonewhohas commented, criticizedandread my articles last semester. I know that my ' 'stream ofconsciousness style may sometimes havebeen inappropriate forthis forum, not to mention difficult to read and understand. So, again, thanks forreading. Bye. Party The first SBA party ofthe semester will ake place this thursday, January 21,1993 at vlulligan'sniteclubonHertalAvenue. Itwill jegin at 8:00 p.m. and run until 11:00 p.m.. \dmission is $3.50 and this covers dancing, food and beer. Make the grade this semester with theright connections. Student BarAssociation Meeting A meeting oftheBoard ofDirectors has been scheduled forWednesday, January 20, 1993 from 7:00 p.m. to 10:30 p.m.. These meetings are open toall students. Check the bulletin board outsideroom 101 for thelocaStudentActivities Calender Now located in the SBA office are monthly calenders on which all events and happenings in the law schoolare listed. We have implementedthis process withthe hopes that we will be better able to coordinate the activitiesofstudentorganizations, thuseliminating conflicts and promoting thebetter use of our limited resources. If you have any questions or concerns orwould like to have your event listedon the calenderjustdrop by the office. StudentGroups Please be advised that located in the SBA office, Room 101 O'Brian Hall, are binders for each ofthe studentorganizations. Wewouldlikeall the organizations to submit any events orhappenings they have planned including copies offlyers or other promotional materials for inclusion in the binders. We are implementing this process in the interestofcreatingahistory oftheactivities ofthe student organizations,for thebenefitoffuture members ofthe organizations andthelaw school. Ifyou have any questions orconcerns stop in at the office. DO YOURSELF JUSTICE Study with Pieper...and pass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske January 19,1993 The Opinion 3 �In the August 19, 1992 edition ofThe Opinion, newly appointed Dean Boyerwrote the following: " It is a great pleasure to welcome youto theBuffalo SchoolofLaw. Allof us on thefaculty vividly remember our own firstdaysinlawstudy.andthehopesandfears that we brought with us to law school. While thereality was very different from whatwehad expected on our first day, law school was a powerful experience forus—exciting, frustrating at times, and always demanding. Itopened ourminds to new ways ofunderstanding our society and it defined newroles for us to play intheworld. Wehopethateachofyouwillfind comparable challenge andreward in your legal education at Buffalo.'' Dean Boyer continued with,"... TheßuffaloSchoolofLawischanging also, to prepare its students to excel in this emerging legal enviroment Asmembersof the Law School community,you areinvited to participatein thepreparation ofthatplan, and to setthecourseforgenerations oflawstudents that willfollowyou. '' (TheOpinion. Volume 33, No.l August 19, 1992, "Dean Boyer's Messageto lL's") [emphasis added] I have afew thoughts. Overthe past semester, I have attempted to fosteran atmosphereofcooperation, respect and trustbetween the Student Bar Association and you(theFacultyand Administration). This approach has taken a great dealofmy time and energy yet it was necessary to create the kind ofcooperationand interplayDean Boyerwrote ofabove. For my part, I was willing to and indeed did have to make some controversial decisions (re: the mailroom) believing that these decisions were the best possible ones in order to accomodate the needsofthestudents and assist you (the faculty andadministration) insolving some graveshort-term problems. The systemwillmake the grades on my transcript seem inconsistent. Even with an explanatory paragraph, you're assuming that employers will take the time toread it which is highly doubtful. I give aqualified vote for the proposal. Although the new system is not the A B C D F system I would haveliked, itsanimprovement ontheHQ*QDFsystem. I seenoreason why it should not be implemented for first years beginning with their first term. However, it wouldbe unfair to muckuppeople'stranscripts with two(lifferentkinds ofgrading systems and hence vote with the second and third years againstimplementation for them. I camehererelying onand withknowledgeofthe "current grading system". Iwas satisfiedwithitand inreliance on it, I selected this school. We have all heard arguments for and against it, butto change systems in midstream,when some(may be only asmallmajority,but asignificant number)haveingood faith relied on the system currently in practice is wrong. Ifsystemsmustbechanged, start fresh with an entering class thatknows what they are getting. To betray me, andall thelaw students (some for and someagainst) isa breachby the law school and a betrayal of my trust and reliance that I have paidcompensation for. We had a contract. Although I personally would prefer a normal grading system, thefact is aconsiderable number of students chose U.B. for this policy (thatI know of)andit seems inherently unfair to change the system ifthey made their choice of schools based even in part on that consideration. Oneofthe majorreasons I came to U.B. was the H-Q system. Any change now will be unacceptable. Idon'tthinkatranscriptorGPA would be very informative if 1 /2 ofit is done viaone grading policy and the rest via a different grading policy. Ifitwerechangedforincoming students, at least their whole school career will be calculated/demonstrated v iaa uniform and consistentgradingpolicy. Thank You. The new grades don't answer theprob- The Opinion 4 A Letter To Our Faculty During this process, I felt thatthis cooperative spirit would permeate the old walls surrounding you (the faculty) allowing fornew inroads ofdiscussion outside oftheclassroom on issuesthat concern usall, namely the directionofthelaw schooland the solving ofsome of the more severe problems. While this approach has produced some cooperation, it apparently has fallen on your deafears and closed minds on perhaps the most important issue ofall, grades. For nearly twenty-four years students and faculty alike havebeen grappling withour grading system. The paper trail ofthis issue was collected and condensed into a reading packet withpink covers suitable forsale inour bookstore by one of our prominent faculty members. Previously, you refused to reasonably consider and address the concerns ofthe students on the issue o fgrades,rather, you simply refered the matter for further study. This issue wasstudiedforanumberofyears. Finalfy,you decided to seriously consider the issue ofour grading system during yourlast faculty meeting ofthefall semester when students were in the midstofexaminations. Atthis meeting, the unthinkablehappened. You decidedtonotonly changeour grading system, but to implement the changes immediatelywithouta blinkofan eye. Although every grading systemproposal beforeyou at thatmeeting had asection on the time period needed to phase in a particular system, the one eventually adopted did not. We students now find ourselves in the unenviable position of having to plead the reasonableness ofadopting a transitionperiod from one grading systemto the next. This we must do despite the positive community-orientedrhetoric contained intheDean' s opening remarks. I have attempted to discuss this issue withsome ofyou only to betreatedas ifI were asking you to cutoffyour only arm. I can not believe that we students have to put so much effort into proving something which is selfapparent to the rest ofthe world, namely that change must be accompanied by an orderly process. [The most striking example ofthis is the orderly change going on in Washington D.C. this week] How can you faculty members be so oblivious to the real-world results of your decisions,and given an opportunity to rethink and modify your choice for the benefit ofall, remain so steadfast? The larger implication ofthis recent decision is a disturbing one for me. The message which you have sent is essentially, "All that discussion ofcooperation, support, listening to and addressing each other'sconcerns, in short that dialogue we said we were creating wasjustconversation... Don'tworry aboutit." How can I orany other studenthonestly feel thatwe can bring ourconcerns before you and have them listened to? How can I or any other student trust that our interaction with a faculty memberwill notendup in ourown selfsacrifice? Howcan I orany otherstudentleave thislaw school, ouralma mater whichyou will beasking us to donate to as soon as next year, FIRST YEARS lem created by the old system (what do they stand for?). The new system will thus create more cut-throat competition withouthelping U.B. Law students with explaininggrading to potential employers. Either leave the system alone, orgoto an A B CDF scaleand doitright! One ofthe primary reasons I chose to attend this law school was because of its grading system and thus its less competitive atmosphere. I came tothis law school with the under- standing that the grading system would be based on theH-Q system. Idon'twanttherules changed in the middle ofthe game. I like the systemas itis andthinka new systemwilladd confusion to interpreting my transcript. By implementing a change in the grading system on current students youare adding a further wrinkle in an already difficult to decipher system. Thiswouldcauseanalready puzzledemployertoushermeoutofhis office and so would serve in effect to cause current student's transcriptsto becomevirtually illegible. Do wehaveasimplepass/fail system or don'twe? A hybrid system such as therecently adopted one retains the disadvantages of a traditional grading systemandofthepass/fail system without theadvantages ofeither. My preference is for a Q/F system, but I can live withH'sforsuperiorperformance.lf.however, the faculty chooses a system other than the present one (without Q*),then it should bea traditional A-F system that everyone can understand andto whichtraditional standards can beapplied. Thesystemrecentlyadoptedbythe faculty is in myopinion an unfortunate choice that I hope will be reconsidered. Even so, I think thatwhateversy stemisadopted, itshould notapply tocurrent students who enrolledwith differentexpectations. Where'sthememo asking forsupportof implementing the grading system on current students? Anyone who knows the slightest amount concerning higher education knows that a non-competitive grading system only accomplishes one thing: breeding mediocrity. This is the reason why so many colleges/ universities are abandoning the optional pass/ fail system used in some classes. The H-Q systemwill onlyhurtU.B. Law schooland its students. I completely disagree with your stance opposing the change toA-F and opposing the implementationofthe Q+/- system on current students. U.B. does not exist in a vacuum; just because we can live for three yearsmanon-competitivemvironment, doesn't mean this will continue in a marketplace wherejobsare scarce. There will be an additional 2 3 3,000lawyers in this country by the year2000. Most, obviously, will notbefrom U.B. or an H-Q school. This will only be a liability forU.B. gradsbecause 1)Employers will take the devil they know (a "C" student or"B"student)over thedevilthey don't("Q" student? -what's that?) and 2) Competition, whemeryouthinkitsgoodorbad,isreaUtyand ifpeople don'tlikeitmaybethey shouldn'tbe in lawschool. Pleasereconsideryourpositions on thismatter. Thanks for your time. I believe itis unfair to changethe grading system mid-term. The students, without fairwarning, are thrown into unfamiliarterritory. Ifa changeis to bemade at all, it should be prospective to future classes, beginning with the class of 1996. Onefactor that strongly influenced my choice ofU.B. Law was its informal grading system. I came fromanextremely competitive undergraduate setting,and Icertainly wasnot anxious to rejoin such an unhealthy atmosphere. I appreciate the notion that students can police themselves and learn as much as they wantto withoutthepressuresofgrades and are giventheirfreedom to joinin extracurricular activities such as the DVTF and Prison Task Force and clerkships. I opposethe implementation ofthe new grading policy on current students. Amen. Q's are hard enough to sell toa prospective employer. + and -'s would drive us and themcrazy. Ifweneed to establishclassranks, etc., return to the traditional ABC DF system, otherwise leave italone! The "new system shouldnotapply at ajl, butifyou' ye decided to doitanyway, don't impose itonme. IfH-Q is good enough for Yale, it'sgoodenoughforU.B.. witha familial memory orsenseofconnection when you the faculty are striking at our most sensitive issue at the very point in time when it is most important to usbecause ofitsimpact our ability to eat? I President Bill Clinton said on the camgn trail that insanity was doing the same thing over and over again and expecting a differentresult. If you as a faculty member believe that this is just another one of those decisions that students willbe upset aboutfor a little while and then forget about, I suggest youread theunedited comments ofthe students themselvesfora "realitycheck". Imightalso suggest that you ask Alan Carrel what the averagepercentageofAlumnigiftgiving isfor ourlaw school and what the national average I writeall ofthis as I remain hopeful that faculty's position on this issue isthe result ot a concious decision butrather alack of communication between us all. And thatby airing these concerns, we all may once again resume the course ofconstructive problemsolving, mutual support,and an increased commonunderstanding. I As a parting note, I have always been htand stillbelieve thatresponsibility and erarenotmutually exclusive. Infact,ithas been my experience that not exercising the power one possesses is just as crucial as the opposite. William F. Trezevant President StudentßarAssociation By accepting the law school's offer of enrollment, werelied uponthe H-Qsystem for our grades. This proposed modification violates thatinterest. Furthermore, this isnot the A-F system. Adding Q+andQ-willnot gain Help Wanted Do you Uiinkyoucan writefeatures more interesting than Natalie Lesh? Do you think you can draw bettei lhan BillKennedy? If you think you can write articles that people will wantto read, then come join the'pinion. '93 Inaugural meeting January 20. 1993 Time: 2:00 P.M. R00m724 HaitianRefugees.. continuedfrompageone byCL.I.N.I.C. attorneys beforetheLN.S.vWthin the nextyear.buttheprocess couldconcievabry takemuch longer. As coordinatorofthe projecthere at SUNY, I would like to thank each of my colleagues: Rob Cisneros, Suzanne Cruse, Deborah Greitzer, JuliaHall,Joseph Hughes, Nancy Johnson, John Martin, Sharon Nosenchuck, Michael Radjavitch, Paul Roalsvig, Darryl Salas and Bob Sisson, for generously sacrificing a week oftheirwinter break,fortheirhard workand fortheirdedication to helping the refugees get much needed legalrepresentation. I wouldalsolike to thank Karen Spencer for her help in training the students. Everyone worked very hard, and I hopethat everyone hada positive experience and foundsome time to enjoy the suninFlorida as well. C.L.1.N.1.C. has expressed an interest inpossibly continuing theproject withlaw students over springbreak,as well asrepeating the Florida program next year over winter break (ifthe need exists). In addition,another project coordinated by Yale University law students is looking forlaw student volunteers to act as pen pals for HaitianRefugees being detained in Guantanamo without effective legal representation. If you are interested in beingapenpaLpleasecontactmeatßox#B22. �The most precise grading system possible has inherentinequities because ofdifferences in professor's grading, differences in tests from year to year, the courses selected afterfhefirstyearandete. H and Q witha* has itaboutright. Future employers might read my transcript andassumeprevious "Q" grades were asteplowerthanasubsequent"Q+". Ishould notneed to explain the change in the grading system to them. Adoptionofthenewpolicyfor current students will create unnecessary confusion and trouble, not balanced by any possible benefits. Iprefer H-Q system. The new systemis ludicrous. If you want more delineations, restore a traditional grading system. Let us avoidmickey mouse games. To me, the new system is a de facto traditional system, but without any benefits as for as a prospective employeris concerned. The Opinion said thereason the grading system is being changed is because the studentsdon'tlikethecurrentsystem. Theanswer isn't to change the whole system; make the gradesinthe currentsystemmoreeffectiveand meaningful. Make professors more accountable for the grades they give (and when they givethem). Implementing the new grading system tocurrentstudentsisridiculous. Anygrading policy changes should affect incoming students. I have discussed this issue with some influential members ofthe legal community andthey agree. It is hard enough to explain the H-Q system as itismuchlesshaving to explain two differentsuch systems to prospective employers. The gradingsystem is difficult enough to explainto perspective employers. Changing it in the middle ofour law school tenure will make this even worse! I am willing to help fight this change. Thecurrent grading systemisconfusing enough. I startedlaw school under the H-Q system and itis a chore to explain that system topeople whoneed or wanttoknow; now the administrationis going to require a threepage memo to explain the grading system! Maybe I'll justuse that memo as a writing sample... Ifitisgoingtochange.makeitAßCD F. Please don't change the system in the middle ofmy program. I have already had to explainmy transcript to prospective employers will Ihave to explain two? What is the benefit ofthis change tome? I canonly see this as a handicap or detriment to my employment prospects. Thankyou. I thinkH-Q would be better- Butthese new changes shouldnotbe applied to anyone butincoming firstyears. I decided to attend U.B. law partially based upon the grading system whichallows foranatmospherewhichisnot "cut-throat". It would not befair to force the new system on persons 1 12way done. It should be an easy administrative matter for A& R to indicateon ourfinals what class we're in. Not grandfathering current studentsleaves us witha strange, mixed transcript. Especially for many studentshaving a hard timefinding jobs, its a bad idea. Thenew hybridsystem makes no sense. I think the system should remain the same or change to a letter grading system. The proposed changes are going to beextremely difficult to explain to prospective employers. At any rate, I do not think changes should be instituted until the start of a new academic year, at the least. It's simple: 1)It'sconfusing havingQ andQ+, Q-, H- whathave you on the sametranscript. 2) If I get a Q+ next semester, it's going to makethe Q's I got look badand same applies to an H+ compared to my previously received H's. 3) The marketplace is very tight, competition is fierce for jobsand many employersreceivinghundredsoreven thousands ofapplications will simply not deal with figuring out thisalphabet soup ofgrades nor will they take time to peruse some intricate "grad- — * SECOND YEARS ingkey". Many studentswon'teven get interviews to have the chance to explain these eccentric grades... its tough enough already, I've been through it! The system is confusing enoughas itis itis too much to expect that employers are goingto wantto listen to even moreabout the uniqueBuffalo grading system. This shouldapply only tonew students. U.B. studentsfaceenough obstacles in obtaining any sort ofgainful employment without adding the necessity to further explain an arbitrary grading system. Ifyou must change the grading system, why not go to something understandable? A B C DF withclass ranking? Having a newgrading system applying to current students would only make it more confusing forprospectiveemployers. The new system completely subverts the intent ofa pass/fail honors system. The faculty has backed offa true letter grade(depriving us ofthebenefits ofareadily understandable grading system) whilealso sneaking away from the benefits ofthe old system ( sacrificing morerecognition fornear-H efforts in ordertoprotect usfrom near-D fiascos). It SUCKS OUT LOUD and combined with Blum's lawsuit, theretirementofLouDelCotto, andotherfactors (like funding) are endangering thereputation ofthe school. The inconsistency on our academic records wouldlook very unprofessional. Itwould beacceptable ifthe law school wouldinclude a statement withour grading transcripts re: the change. The grading system isalready aconfusing system for employers to deal with. It is grossly unfairto implement such a change on existing studentsbecause students(especially secondand thirdyears) will have to contend withnot one, but two confusing grading systemson theirtranscripts. Anemployermaybe disinclinedfrom hiringU.B. law students because it may not be worththe effort to try and translate theU.B. grading systems/factor comparable to other law schools. (i.e. ifaU.B. law gradand another grad from acomparable law schoolbothcompete forthe samejob,and both have similar writing skills,personality, backgrounds, suits etc., I find ithard to believe an employerwould make the effort toattempt to comparethe U.B. student's fcvo grading systems to the other student's single system, especially if the other student presented an easy to understand A-f gradedtranscript) Since I am a transferstudent, my grades would be so confusing to an employer that it may be adetriment to finding employment. What wasmepomtmopeningthevoting to the student body? Obviously since the chosen gradingsystemreceived only 7%ofthe students' vote, littleconsideration was given to their wishes. It will make grade explanation during interviews a nightmare. It will also make employers confused and doubtfulabout the student's abilities. If the faculty had voted to adopt the AF system, itwouldhave been phased in withthe entering classof 1996 due to dissimilarity to the H-Qsystem. Thenew system isas dissimilar to the currentsystem as theadoption ofthe At least grandfather the grading and start the new grading with the first years this semester. Yourproposals are ridiculous. YOUBLEW ITMAN. Difficult to explain as is, and will be even more difficult to explain two different grading systems on a single transcript. Iwouldpreferaconsistentgrading system on my transcript. The grading policy should be grandfathered in. Ourtranscripts (current second yearstudents) already show Q*. Tohave to furtherexplain' 'pluses" and' 'minuses'' to employersis bothersome. Inmy opinion,thenewgrading system is evenmoreconfusing than the previousone. If the grading system is to be changed, make a real and practical change to 1-4 or A-f system. Otherwise, leave italone! As to implementationof thenew gradingpolicy on currentstudents, this wouldbean unfairand imprudent measure. Currentstudentswouldbe faced with the prospect ofexplaining not 1,but 2ridiculous and confusing, notto mention arbitrary, grading systemsto prospectiveemployersand other graduate/professional schools. Irealize it'sasking alot, but whynotjust thisonce can't we march tothe beatof the sameold drum??!! Itwill be disruptive during an interview to try to explain why a transcript has both "stars'' and' 'pluses'' on it. The star system should stay inplace for upperclassmen, while the plus/minus system shouldapply prospectively to future classes. Why have Q+or Q-? I think this is a stupidmistake. Whynotreturntoatraditional gradingsystem with A's,B's, etc.?Listen, one ofthereasons I decided to come to U.B.Law school was the' 'non-competitive nature of its grading system. Areyou going to change thisnow? Why notwait forupcoming classes one or two years down theroad? Thanks!! I do not oppose the new grading system in general,but strongly oppose the implementation. It will add confusion to an already unusual grading system as wellas making any Q' searnedthus looklike afarlower grade than they represented at the time they were given. If the new system is imposed, it shouldapply to incoming classes only. I do not takeissue withthe merits ofthe proposed grading system, onlythe implementation. Particularly forsecond years, this is an undueburden. Tohave the system altered and imposed mid-way though our law school careers isunfair. Employersareconfusedenough already. "Don'tchangetherulesinthemiddle of the game." Please don't apply the new grading system withoutagrandfatheringprovision. Changing grading systems now would only add to the already present confusion of trying to explain ourgrading systemto employers. Moreover, it would make our present grades look mediocre. Also,itdefeatsthenoncompetitivenessofburpresentsystem— something which drew many students here in the first place. I entered law school with the understanding thatlwould be graded onastraightHQ scale,and in all fairness, I expectthis policy A-Fwouldhavebeeu Fortiiatreasonajojisthe to continue to apply to me. Additionally, new system should notbe implemented with confusionmayarise when computing my first respect to current students, only to ensuing year grades with my second year grades. students. ***WESHOULDNOTBEGRADED I oppose anychange inthe grading sysUNDERTWODIFFERENT. VERYDIFFERtem. The grading system was explainedto all ENTGRADING SYSTEMS.**** of us before we came and was possibly a It is difficult enoughto explainourgradcriterion in our decisionto come here. Those ing system to employers much less to have to who don't like it could have chosen to go now say I mighthave had aQ+ in this class somewhereelse. becauselwasatthetopofthecutoff. Letusbe Ourgrading systemisalready confusing consistent with something. Thissystem should toemployers. A systemwhichdoesnotimpleonlyapply prospectively! mentthe traditional A-F system, butonly adds A change in grading would be yet anfurther confusion to our currentsystem, shall other thing to explain toprospective employprovide uswith no added benefit in the comers. petitive marketplace, and will certainly be Do weneed to confuse prospective em- remembered by all ofus as potential unemployers even more? ployed alumni donors!! It's inconsistent to apply the new system Oneofthereasons I came to thisUniverto students whohave already received grade sity was becauseofthe grading system. I feel from the University. that by changing the grading policy in midEitherand A-F orPass/Fail, notmixed. — stream, I was deceived by the law school catalogue's false advertising with respect to the grading system. Overall, I think a change to an A-F system would not be completely unacceptable. TheproposedchangetoanH-Q+/- further confuses an already nebulous grading system. In any event, any changesto thegrading system should begin with nextyear's incoming class and should not apply to studentsalready enrolled. Additionally, many current students, including myself, wereattracted to U.B. for it grading system. A change to the system applicable to these studentswouldbe wholly unfair. This new grading policy defeats the purposeofeitherH/QorA-F. ABCDFisthe preferable system of-course. Also, if this system is imposed onthepresentstudentbody, not only would wehave to explain the ridiculous H/Q system, but it would also reflect poorly on grades received to date (i.e. there would be no +'s appearing on record), GET REAL— Changing the system now will make transcripts more confusing. Employers may misinterpretold grades(i.e. Q underold system would be viewed as a lower gradethan a Q+, whenthere isactually no distinction.). I feel that changing grading policies halfwaythrough alaw school careerwill make explaining ourtranscript to employers whoare already unsure ofour system thatmuch more difficult. Along the samevein, howarewe to explamthechfferencebetweenaQinfirstyear, and aQ+ in secondyear. Finally, I came to this school because the pressure ofsuchagrading systemwas not possible. The administration shouldgivestudents achoicebeforgthey enroll about the gradingpolicy,and not subject them to changeafterwards. I am strongly opposed to implementing the plus/minus systemon the present student body. We shoulddefinitelybe grandfathered. I am happy with the current system. Furthermore, if the system should be changed in the future, itshould bean A-F systemto make U.B. competitivewith otherschools. Again,I think it's very unfair to change the policy now, because it will be confusing to prospective employersand there isno justifiablereason for this. There'sbeen concern aboutchanging the grading system foryears, butto push this new grading system throughprior to exams, without providing students with notice to voicetheir concerns isunfair. To preface, the new system is but a halfway measurewhich willaccomplishnothing and act only as a meager band-aid to the infirmities ofthe old system. Butifthisisthe changetobe implemented, andarguablyitmay be beneficial, it simply must be applied prospectively To dootherwise would bepreposterous and run counter to precepts of basic fairness. 1)Application to the present student body will conspireto create further burdens on students seeking employmentby transforming an already arcanesystem into something laugh- . able. Theburdenofnegative presumption and need forexplanationtoprospectiveemployers is already heavy enough. 2)Immediate application would create unfounded and inequitable differences between students taking courses this year and those taking the exact same coursesnextyear.Offering diflerentgradesfor equal work is worse than the occasional appearanceofme gradeat the prerogativeof the professors. (Imagine, "Well, sir/ma'am, thatisaQ. Butlmustpointoutthatitisal992 Qandnotal993Q..." 3) Finally, the immediatechange is contrary to proper notice. Students came to the law school with certain expectations created by the institution. This bait and switch game is unfair to those who acted on such expectations. I very clearly understand the disclaimers made by the institutionandthatchanges inacademic policy are withinits discretion, butasstudents ofthe law, we all know that there can be a difference between whatis permissible and whatis proper. January 19,1993 "*" The Opinion 5 - �can actually tell the differencebetween Q-, Q, Q+ and then we should institute the new system! Just see Bill Kennedy's Opinion car- toon. I understand that the proposed grading system change is to aQ+/-basis. Notonh/will thisbe confusing for thecurrent students who must explain the already unique system to employers, but itisa needlessperpetuation of the myth that there is not an A-F equivalent. Forthe benefitoffuture students, please convertto a conventional grading system! Definitely shouldnot be applied to third years!!! That's totally ridiculous!!! I like the current system. Transcriptwithamixedgradingsystem will furtherconfuse already confused employers!!! Change to A-F orPass/Fail Youshouldapply the new system consistently, ... to first years. Unfairto haveour transcripts beahodgepodge. Besttostart fresh with anew firstyear class. This shouldnotbechanged in themiddle ofa school year. Itcertainlyshouldnoiapplytothirdyear students who are about to graduate afterfive semesters ontheprevious grading system. Our transcripts already require enough explanation. Don'tmakeitmorecomplicated, Please!!! I feel this would confuse employers. Itwould beludicrous to apply to current students!!!!!! Itwouldbeanunfairtoburdenuswithyet another grading system to explain. Please show the students some respect. I objectto changing the grading system. This will only confuse the transcripts even more especially for third year students. Ourtranscriptsare confiising enoughto employers as itis—why add more worthless confusion! Implementingthe policyonthe existing student body will only serve tomore confuse the local employers!! Not for the third years at least. One semester of six with these grades is stupid. OPPOSED!!! I feel that dienew system should onlybe implemented nextyear, not mid-way through this year. It wouldbeludicrous to have one semester ofthe new system!! Please.... mylife is complicated enough already.... The new grading system should only apply to incoming first years, (i.c next year) Thealternative isfar too complex andconfusing. It hardly seems fair tochange evaluation methods inthe midstofone's academic career. I have no doubtthatI'd be aided by the change; however, tryingto explainour grading system is already an undue handicap in seeking employment outside the Buffalo area. I agree—to impose thenewsystem upon currentlaw studentswould onlyheighten current confusion re: grades/grading policy. I advocate amore meaningful gradingsystem, one whichadds credibility to this school. If you are going to change the grading system, please change it to A B C D F. The problem with the current system is that it is cryptic. The proposed change isjustas cryptic as the present system, maybe even more so. Furthermore, changing the system for current studentswill make ourtranscriptsveryconfusing— any pre-changeQ'swillseemlowerthan post-change Q+s. The onlyreason I came to thislaw school above otherlaw schools was to getaway from the competitiveness and cut-throat mentality soprevalent in my undergraduate university and schoolsusing the standard gradingprocedure. Students should be warnedofthe grading policy before they decide to apply. Students who have already matriculated have done so with the understanding of having the H/Q system. To alter the forms of die agreement nowcould be considered a breach ofcontract. Simply changing schoolsat this point may not — 6 The Opinion THIRD YEARS be an available option for many students. Applying a new grading system onto present studentswouldresult inunrealisticand unfair appraisal of a student's performance based on five semester'sworth ofwork. Asa third year, I do not want aGPA calculated on only one semester's work! Thatwould diminish the value ofmy previous five semesters! We need to go to a standard system, butnot at the penalty ofthe present student body. I'd really like to graduate with a uniformly graded transcript. I am not opposed to thenewsystem. lamopposedtometimingof itsimplementation. Itshouldbeginatearliest Fall 1993. If the new system is implemented now, prospective employers may wonder why we couldn't receive pluses during the past two years. I feel this inconsistency would be unfair at this point in our education, with only one semester left. I object to this because oftheinconsistency thatwillappear onour class transcripts!!! Employers don'tunderstand our grading system as it is. The current gradingsystem is soconfusing to employ ers, ittakes me 15 minutes ofan interview to clarify. Ifanew system isimplemented mid-year, the confusion would be heightened. Why notjustimplement it at the start ofa new year? If the grading policy is to be changed, which I do not support, it should be changed with respect to prospective classes. Students whoare already enrolled have a contractual expectationthatthe grading system presently used should be maintained throughout their stay in this school. If the school is going to change the grading system, the school shouldchangeit to something comprehensible, like A-F. I think it is completely unfairthat this newgrading system willtakeeffectwiththird yearstudentsintheSpringofl993. Idonotsee why, at the very least, the school cannot wait untilthe current thirdyearshave graduated. In all fairness, the new grading system really shouldnotgo into effectuntiltheclassof 1996 begins theirfirst year. Implementing aplusand minus system in the last semester will onlyadd to the confusion employershave withour grading system. Students should not need to explain whythey onryreceivedaQ+orQ-etc. thelastsemester. The new system should only apply to current second and first year classes and all incoming students. There should beagrandfather clause for third years. I say this for two reasons: 1) Continuity and 2) Computationof ' 'Honors'' diploma status. I do not oppose the implementation immediately. If the faculty wants to change it now, let them. I do not think that the change will be detrimental in any way. A new grading system imposed onthe current student body would only distortour already confusing grading system. I am in favor ofa change to our grading system, but in order for that change to have benefitted me it would have to have been implemented earlier. At thislate stage in my academic career it is totally ridiculous to change the system under which my work is graded. As the present system already stands as somewhat ofamystery to most prospective employers, I can hardly waitto seethe state of confusionamid-year change inthelast semester appearing on my transcript would cause. PLEASE SAY ITAIN'T SO The proposed plan is not only unfair, unjust,and unsubstantiatedby any compelling reason, it is also ill-considered. Please give careful thought (orat leastseme thought) to the effects on current students ofsuch aplan. Asa third year student, I don't wantto have to explain why mytranscript shows "+" and "-" grades in one last semester only. Whatgoodcouldcomeoffurther confusing potential employers with acombination of grades? I thinkthe A-F scale wouldbe good for tiiose com ing in, but not for current students. I fone o ftliepurposes ofthe new system January 19,1993 is to make transcripts more intelligible to future employers, implementing the system next semester wouldresult in less intelligible transcripts for current students because two standards wouldhavetobeapplied to interpretingthem. ThenewgradingpoUcyshouldapply only to incoming classes. Employers are already so confused by the unusual grading system, it seems that having two suchsystems on one transcriptwill puta strikeagainst any U.B. gradcompeting against grads from schools which had transcripts which were easier to decipher. For those of us who are not from the WesternNew Yorkarea,the grading systemof this school is hard enoughalready to explain. With the new system, my transcript will have more anomalous symbolsto decipher. I truly believe that the grading system should be changed, however, those students who started under the "old system" should be grandfathered. I believe if the new system is implemented itwould develop a sense ofcompetition. This concept was one ofthe reasons I chose not to attend another institution. It appears to be one ofthis institution' s boast fill attributes. Whenyou say "no " class rankings and "no " competitivenessy ou should beable to corroborate these statements by no!implementingagradingpolicy contrary to SUNYat Buffalo SchoolofLaw'saxioms. Thefewer semestersunder thenewgrading policy the better. I vehemently oppose the implementationofaplan whichwillonly serveto screw up my transcript inmy final semester. Thatmay beungracious, butits true. PJeasfireconsider-atleastgivethirdyearstheoptionofforegoing the shift in the final semester. Why not? Asit pertains to third years, the immediate implementation is ridiculous and indefensible. It needlessly and negatively impacts on the marketvalue ofthe education which wehave received lamvery upset. First, I am shocked that the faculty wouldmake such amonumental decision before engaging the student body in a through discussion of the matter. Procedurally, the enactment ofthis decision is flawed. Second, changing student grades in the middle ofthe year will send disturbing signalstoprospective employers (i.e. what's wrong withthis school, is it in a state ofturmoil that ithas to change in the middle ofa year?). Additionally, the proposed system isclose to the anti-thesis of the currentsystem(+'sand-'sare equivalent to 3 pointson a 100pointgrading system, sothis isalmostlikereceiving numbergrades). Yet, the proposed systemlooks much like thecurrent system, so future employers are likely to be quite confused over how to interpretaU.B. transcript(e.g.whydidn'tyouget+'sor-'sprior to the Spring of 1993). Thus: l)Jfweswitch, itshould be a clear switch,reflecting adifferentphilosophy in grading. It should not be a haphazard switch. 2)If weswitch,itshould not bein the middleofaschoo 1year whichwould raise credibility questionsabout U. 8.. 3)The bestanswer would be to have a grandfather clause, thus maintaining consistency on the transcript. It is truly absurd to impose this new gradingsystem on graduatingthirdyears to have two and one half years ofone grading systemand thenone semesterofanew grading system isbeyond stupidity. Is thisan attempt to make your graduating students even less marketable than we currently are?! It's hard enough explaining thiscurrent grading system to prospective employers...now you wantto force us to explain two grading systems; this is totally unfair. It seems that once again the faculty is completely unresponsive to its student's needs. It also seems that higher educationistheonly "merchant" whodoesn't care to give their''consumers"/"students'' what they want. Ifyouaregoingtochangethe grading system, havethe gutsto change it to an A-F system. This Q+, Q- stuffis a truly lame attempt atchange and itwillcause more harm and confusion than currently exists. - Tough times call for tough measures. Change the system to A-F and give your stu- dents a fighting chance in this dismal job market! Thel96o'sareoveranditishardtobe altruistic when youprobably won'thave a job when yougraduate (even though you haveaton of A's) and you won't be able to afford the basics, letalone thetensofthousands ofdollars mostofushaverackedupinstudentloans. It's time for the faculty in this school to address their student's needs something I have yet to see them do in any ofmy two and onehalf years in this institution.!!! My fellow third year classmates and myselfhave been graded under the existing H Q D F system for the past five (5) terms. Employers looking at thetranscripts ofcurrent thirdyearstudentsoften express confusionand frustration when attempting to interpret the current grading system andthe meaning ofan unadulterated HQDorF. Inlightofthecurrent confusion and frustration surrounding the existing system, I can only anticipate more bewildermentfrom employers whenthey lookat a thirdyear transcript based on two types of grading systemsand aretold thatpluses (+) and minuses (-) count for thelast term,but not the student'spreviousfive(s)termsofgrades. The thirdyearclass has worked hard, in mostcases, for the grades we have. Imposing the new system on the third year class would further belittle the respect given to the existing grading system by outsidersand add undue confusion and frustrationto the already vague grading system. In short, I vote not to impose the new grading system onthe thirdyears during the spring term. Thank You. I feel thatitis only fair to continue the current grading system forthecurrentstudents, and apply the new systemto the class of 1996 and future classes. My transcript is sufficiently confusing. The H-Q system is very foreign to employersoutside theBuffalo area. The addition of to this system adds enough confusion for most employers to give up in trying to understand. Theadditionof+and-to this scale wouldonly entail moreexplanation. The current transcript form explains the currentsystemandtheprevious system. Presumably , the new transcript form would provide three explanations. Insteadoffocusing on the academic achievement ofthe student, employers that are unfamiliar with the system will spendan inordinateperiod oftime simply trying to figure it out In this time ofincreased competition for employment, why give employ ers an additionalexcuse orreason to throw an application in the rejection pile? In addition, it is highly inequitable to have one semester's grades differ from the other five semesters. There have been several courses thatI havetaken wheretheprofessor indicated thatmy workexceeded "Q", butdidnotmeet "H". Theseprofessors (properly)refused to use the"*" for a "Q". If a+/-system is implemented now, it should be implemented retroactively and prospectively. Obviously, the best alternative isto allow current classes, particularly theclassof 1993,to continue with the old system. — * CALLFORSTUDENTPAPERS for THEBUFFALOENVERONMENTAI .AWJOURNAL TheBuffalo Environmental Law Jour lal is seeking student articles for its Sprinj 'olume. AllUB studentsare invited to submi Kipers prepared for seminars, independent stud es, etc. Any writtenpiece that has not beei mblished previously is eligiblefor consider ition. The Journalfocuses onissuesofparticu ar concern to the Great Lakes Region, how :ver, we encourage students to submitpaper in general environmental problemsas well. Please provide three(3) copies ofeacl LTticle submitted for consideration. Leavt >apers and any questions in BOX 29 by Tues lay,Januaryl9,l993. �The Docket IN ORDER TO AVOID THIS ... Kf.fJveoY Big Three Offer Free Bar Review Lectures "Live" The three majorbarreview sponsors, Bar/Bri, Marino,and Pieper have agreed to providesubstantive barreview lectures similar to the onesused in the regular full-length course, withthe bonus thatthe majority ofthis program will feature livelectures, not tapes. Theseprogram will be from four to sixhoursandwilloccuronsix Saturdays duringthefirst halfofthe spring semester. The schedule is as follows: SUBJECT Corporations Torts Sales Domestic Relations Contracts Real Property DATE January 30,1993 February 6,1993 February 13,1993 February 20,1993 February 27,1993 March 6,1993 SPONSOR Bar/Bri Bar/Bri Pieper Marino Pieper Marino CALL FOR PAPERS [YOU MAY BE DRIVEN T0... The Buffalo Journal ofPublic I nterestLaw is now accepting submissions foritsinaugural.Spring 1993, publication. Formerly InThe Public Interest, the journal ispleased to announce that itisnowprinledin association with the Buffalo Public Interest Law Program. The journal welcomes scholarly articles, commentary, and reviews examining law as an instrument of public policy from faculty, students, and practitioners in all fields of study. The inaugural edition will also feature a symposium, "Public policy, politics and the public interest in the 19905.'' Thisforum will featurea wide array ofopinionsregarding specific prescriptions for public policy and legal change which the next administration faces, based on the state of the nation as it looks ahead to the realities of this decade. The journalinvites youto submitan essayof2000-4000words discussinga limitedarea ofpublic policy or public interest law withwhich the next administration mustcome to terms, including some possible avenues ofreform. The area you choose should reflect its importance in terms of social and economic conditions as they exist, orcan be expected in the near future, as opposed to problems manufactured through purely political exigencies. Essays accepted forpublication willbe printed togetherin a forum designed to highlight areas ofpublic interest and concern, and to showcase the efforts of a broad cross-section ofwriters addressing the pressing problems ofthe 19905. Submissions should be directed to: The Buffalo Journal ofPublic Interest Law University at Buffalo School ofLaw 118 O'Brian Hall Pieper Scholarships for Graduating Seniors Inkeepingwithhispastgenerosity,Mr. Pieperhasdonated five $650.00scholarships to beawarded as tuition discounts for students interested in taking the summer 1993 Pieper New YorkMultistate Bar Review Course. Thesescholarships include the $200.00 early bird discount. To be considered for one ofthese partial scholarships, please submit a letter of applicaion and a copy ofyour current financial aid transcript to the UB Law Scholarship Committee,Room3l2,o'BrianHall,bynolaterthanFriday, January 29,1993. Awardeeswill benotified by mailno later thanFebruary 12,1993. RadicalLiberalism con tinuedfrompage 2 unendeared. Political correctness rears its uglyfacewhen intoleranceis exhibited toward those whocriticize the gods oftheleftor dare to question the sanctity of favority liberal causes such as affirmative action or multiculturalism. Can one even imagine the cacophony of protest that would ensue if a student or faculty member "jokingly" expressed glee over the marksmanship ofJames EarlRay inhis effortto murder MartinLuther King, Jr.? Similarly, can one expect sincere attempts at discussions ofracial and ethnic policies challenging liberal conclusions tobe metbyanything but hysterical accusations of , ''racism' andoutrightdismissal? Thepointis thatthe domination ofpolitical correctness at theofficial level ofUB Law School is really a demonstration,notofan efforttotruly engage responsible discussion and exchange ideas about the issues ofthe day,but to promote a perspective ofsociety deemedappropriateby the self-proclaimed intelligentsia, i.e.radical liberals. Despite my assessment ofradicalism at ÜBLaw.lhavenoregretsaboutjoining theUB Lawcommunity. To the contrary, I have thus far found the experience immensely rewarding. The assault of radical liberalism has strengthened my ownpolitical character and theprobity o finypoliticaland spiritualconvictions has been challenged daily by the law school experience. Theresultshavebeenmost satisfying. Onsome days, I have exultedin the previously untested strengthand depthofmy beliefs when assailed by the blitzkrieg of liberal dogma from the University atBuffalo community. At other times, I have had to reexamine or change other positions after considering theopposing view. However, despite my good faith effort, I do not think any re- examination ofthe issues will produce any motivated to politicalaction by the greatness conclusion otherthan onewhichfinds radical andbenevolenceofournation'sheritage. This liberalismincompatible withwhat isgoodfor heritagehasproducedtheworld'shigheststanAmerica. dardoflivingand the most successful democRadical liberalism is a branch ofliber- racy ever, thereby placing on obligation of alism thatsustainsitselfby exposing supposed civic dutyupon each ofitsbenefactors. injustices in society. Thisphilosophy objects Ourheritageattractedmy grandparents, to traditional approaches to morality, seeks whose courageous efforts to reach America drasticredress for perceived wrongs against from czaristRussiaresulted in escape from a meager existence inthe Ukraine. My mother's ethnic groupsand disavowsindividualresponsibility and self-reliance in favor of social fatherarrived inNew YorkCityatage 16from engineering. Liberals of this stripe take a Russia totally alone, having missed an exposition on a given issue because it fits into pected rendezvouswith an uncle. My father's theirpersonal political agenda and thenunre- dad arrived atage 26, illiterate in english but lentingly demandsocietal compliance to their willing to work and attend night school to accelerate hisproductivity inhis newcountry. exhortations. These demandsaremade regardless of evidence dispositive of their claims Both ofthese men asked for nothing but a (theirminds are already made up,whyconfuse chance to labor, to prove themselves and to themwiththe truth?). Although these malconprovide for theirfamilies. My grandmothers tents are guilty of cloaking an aberrant and spent endless hours as partners in this effort tending gardens,baking,nursing, mending and bias-driven viewpointwithapretenseofintellectualintegrity,theirpractice oftruancy from helping to raise theirchildren to be loyal and civic duty is their most repugnant legacy. faithful to this country. They sought not While demanding thatall oftheprivileges our "multiculturalism" but union with their adopted country. country offers be conferred uponthme as inalienablerights, even though these' 'rights" Radical liberalsnow mock thesehonorable ideals. Instead, they teachnot E Pluribus haveno Constitutional foundation, they contributenothing to our society buthatred and Unum (outofmany, wehavebecomeone) but condemnation for ournational heritage. This ethnocentrism. Although multiculrurism can ill-advised crowd is dangerous because they be a positive force, ethnocentrism isa pernireceive aninordinated share ofattention from ciousversion whichdamnsthe Americanethos the mediaand in some cases control important ourprogenitorsso eagerly embraced. Instead media outlets. Consequently, their viewsare ofunity,this ethnocentrismbegets alienation often falsely presented as popular opinion. ofethnic groupsfrom mainstreamAmerica. It ThiselementofradicalismatUß Law School is a cruel alienation accomplished under the should be exposed as subversive and wholly guise ofradical liberalism's politically corantithetical to America's essential virtues. rect historical perspective. The net effect of Instead ofpromoting patriotism and itscorrethe radical liberal orthodoxy is a fragmented sponding ideal ofservice to Godand country, society, color-obsessed rather than color-blind, this radicalism demands ever more entitlefostering division, resentment and dependency rather than championing individual achievements and stresses class consciousness. Unlike the liberal dogmatists, conservatives are mentand an integrated population. Although it would beanathema to the radicals, oneicould spend alifetime enumerat- ing the benefits oflife in these United States. Itis sufficient to say that none ofus can ever repay what has beensobenevolently bestowed uponus. WhetheritisaplaneloadofCubans seeking asylum, boatloads ofHaitians crossing treacherous waters to reach Florida or wavesofMexicans flooding oursouthern borders,the evidence is clear: formostoftherest of the world, America is still the Promised Land. This does not mean that America is either free ofserious crises orremotely close toUtopia. Butmoreimportantthanbemoaning ourproblemsis theneed to uniteasnever before and to giveback part ofourselves tomakethis abettercountry. Whateveryour"careerpafh" youcan contribute your share byrejecting the philosophy which seeksagovernmentremedy for every inconvenience of life and instead strive to exemplify self-reliance in your endeavors. Loveyourcountry and stand by her when sheisassailed. Upholdthevirtuesofour nation's heritage and seek to strengthen her weaknesses. Our nation became great not because herpeople were granted entitlements at theonsetofeverywantorbecause ethnicity was favored over Americanism but because, with occasional failures notwithstanding, we have strived to guarantee opportunity to all those who sought it. Additionally, Americans have alwaysacknowledged ourneed to be one nation underGod. Radical liberalism is here and it is wrong, at least whentestedagainst the founding principles ofourcountry. I have no doubt that the time-tested ideals for our nation will outlast this unhappy philosophy. It'sultimateendwill berelegation to perdition's hall offame alongside communism and other short-lived but equally destructive ideological mistakes. January 19,1993 The Opinion 7 �f I With \ Hearing \ Believing Wr Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape or videotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll get an earful. BAR REVIEW The Nation's Largest and Most Personalized Bar Review ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-01-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/19/1993 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7a4ea9cee3e14fdf83427055cd767654.pdf c78b3bcb6e0b55a8d2dc639ca463e98b PDF Text Text Volume 33, No. 10 TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Faculty Ducks Grading Issue bySaultan H. Baptiste,.Managing Editor At the UB Law School faculty meeting held on Friday January 22,1993, onecould sense the clash ofwordsand personalities as students and faculty battled over the issue of when UB Law School's new gradingpolicy shouldbe implemented. WHAT IS THIS "GRAND FATHER"THINGANYWAY? As ofthe date ofpublication, there does not appear to be a written proposal regarding the implementationofa grandfathering process. Althoughmany studentsand faculty have mentioned several variations ofits implementation, below is a general analysis ofthe proposal which has been discussed by the SBA and several faculty members. Implementation Procedure Given Short Shrift: GeneralProposal InFall 1992 whenthefaculty decided to change UBLaw School's grading system, little timewas given to whenthe change would be applied. After the vote was carried last semesterto changethe grading system,and the meeting wasabout to be dismissed,SBA Second YearClass Representative Joel Sunshine, who is not a student member on the Faculty Committee, asked when the change would be applied. Whenhe was told thatitwouldapply in Fall 1992, Sunshine suggested thatsincethe semesterhad alreadybegun thatthey should at least waituntil Spring 1993,as some courses may have already graded students under the currentsystem. The faculty hurriedlyagreed and decided to waituntil Spring 1993 to apply the new system. However, amajority o flaw students want the change applied only to future law students. Many on bothsides oftheissue stated after the meeting thatwhat had occurred was nothing less than awar ofverbalattacks, false accusations, allocation ofblame, and promotion offeelings ofalienation. The issue was tabledby the faculty andremains undiscussed until a majority vote ofthefaculty return it to the floor for discussion by the body. It appears that a majority of law studentsare satisfied withtheresolution by the faculty regarding the hotly debated issue of changing the grading system which has persisted over thepast several years. Thedecision made atthe end oflastFall 1992,would change . Apply new grading system to next year's entering Class of 1996 and maintain the currentsystem for all currently enrolled law students. Proposed Benefit: All students, current and future, will have similar grading standards of evaluation during theirrespective academic careers. Problems: 1 When theClass of 1996enter their secondyear, they will besharing courseswith the Class 1995who will stillbe under thecurrent system. Togradeasimilar exam on differentgradescalesmay becumbersome forprofessors,potentially unequitable to students,and violateUBLaw SchooPspolicy onanonymity ofbluebooks when graded by professors. Suggested Solution: Have professors grade all exams underthe new grading system and giveA & R theresponsibility ofidentifying the appropriate gradescale. For example inanEvidence coursetaught in Fall of1994,a professor can give a gradeofQ+. A&R will then determinethe student's graduating class. Ifthe student is in the Class of 1995, they will receive a gradeof' 'Q". However, ifin the Class of 1996, they will receiveagradeof"Q+". "Employersshould not have to struggle to understand a student's transcript." Audrey Koscielniak, CDO Director from thecurrent"H,Q,D,F " grading system, to onethat includesadistinguishinguieof'Q" grade intermsof"+" and"-". Thecurrentuproarcenters around the issue ofwhen thenew system should be implemented. Many students have voiced their opinion and feel that implementing the new system during theSpring 1993term wouldhave • a detrimental affect on job opportunities. Employers may find it difficult to discernthe subtle change and may value a previous grade of"Q" tobelessthan thenewlyapplied "Q+." Although misapplied by both faculty and students, the current "Q* " is not intended to be replaced by the new " Q+". Although some faculty members arguethat students gaveno indication that they didnotwantthe change toapply to them,Dean Barry Boyer stated during an interview that during the 1991-92 academic year, the committee which researched a potential grading change to a "A,8,C,D,F," system, discusseda need fora' 'grandfathering'' procedure to be ...Grades, continued onpage 7 Latin Women Struggle to Unionize maquilladoras who gets paidaboutfour dollars her initial training in Fine Arts to become a a day and is subjected to sexual harassment, graduate student inAnthropology at Cornell physical abuseand intimidation, anddeplor- University, where she is nowcompleting her able living conditions. And sometimes the doctoral dissertation. She haslived in Peru on label can be deceiving, because cloth can be severaloccasions overaten year period while cut intheUS, shipped down to themaquilladoras carrying outanthropological and archaeologiin Guatemala whereall the laboris done, and cal research. She has done solidarity work with as long as less than 60% ofthe productismade the Committee on US/Latin America Relaorconstructed outside ofthe US, companies tions since 1980,focusing onCentral America can still put' 'Made in the USA" on the label inmuchofherwork. Her longstanding interest despite the fact that over halfthe product was inGuatemala evolved into work as a regional assembled in a country thatallows labor and coordinator forthe national Network in Solihumanrights abuses and atrocities. daritywith thePeopleofGuatemala (NISGUA), OnMonday afternoon, January 25,1993, a responsibility she has held since 1989. She in the Law SchoolFaculty Lounge, Ann Peters has workedwithand translated formany leadspokeonwomenand unionsin themaquilladoras ers ofGuatemalan grassroots organizations, ofGuatemala. Aim Peters is associated with when on tour in theUnited States. She recently Cornell University \ is a member ofthe ComAnn Peters addresses lawstudents. Photo: Paul Roalsvig by Kevin P. Collins, News Editor 'Made in the USA.'" 'Made in Guatemala. '' What difference does it make where something is madeorby whom, you mightask. Well, ifyour shirt was made in Guatemala, as Phillip Van Heusen shirts are, then it was probably made by a woman working in the 1 mittee on US/LatinAmerican Relations, and is pan ofthe Network in Solidarity with the People of Guatemala. The lectiue was sponsored by theHuman Rights Center, TheLabor and Employment Law Association, and the Latin American Solidarity Committee/WNY Peace Center. Aim Peters first became interested in Latin America through studying the weaving and regional clothing stylesof the Mayan anu Andean peoples. Herworkledhertoshifl from February 3,1993 Civil Rights Soldier Passes Away byVitoA.Roman,. Editor-in-Chief TheUfeofagreat African-American has cometo an end. The recent death ofretired SupremeCourt JusticeThurgood Marshall marks the end of a life dedicated to securing equal rights under the law forallAmericans, firstas lead counselfor theNA ACP, and later, as the first African-American to sit on the United Supreme States Court. Asa lawyer, he chipped away at the insidious " separate butequal" doctrinethrough a series ofcourtchallenges untilfinally delivering itafatal blow in 1954withßrowpv, Board Qfßducation, the decision which abolished legal racial segregation in public schools. On thebenchhe fiercely defendedtherights ofall disenfranchised groups, and fought to eliminate whathe perceived as injustices in the law. In the last few years before his retirement, he often did so alone. Ironically, as the most ardent opponent ofthe death penalty while on the court, he was spared the pain of learning ofthe three decisions handed down the day after his death. Those decisions further eroded the rights of prisoners to seekrelief before the Federalcourts and enhanced the power of states to carry out executions, which Justice Marshall believed was inherently ' 'crueland unusual punishment prohibited under the Constitution. Justice Marshall's passing is a tragicloss to theAmerican nation, bui it would be an even greater tragedy ifthis nationforgotwhathefought forsocourageouslythroughouthis life: thedignity of the oppressed. His early struggles may havebeen fortherightsofAfrican-Americans,buthisworklaidthegroundworkfor the greatestcivilrights movementin this nation's history since the Civil War,a movement from which every single Americanhas benefitted. Noman in this century has breathed more life into our Constitution than did JusticeThurgood Marshall. As future lawyers, we must not forget what this great man stood and foughtfor.and wemust carry onhiswork to bring equal justiceunder the law for everyone. travelled to Guatemala inJuly 1992 as atranslatorfor a NISGUA delegationthat spoke with Guatemalan researchers and grassroots organizers about the human rights situation and ...Unionize, continuedonpage 8 HIGHLIGHTS Group Spotlight Editorials and Commentaries Party Page Ten Most Wanted 3 4 7 10 k_ �ffIUPT LIIE IHILUBT landpass. Study with I ! | PIEPER NEW YORK-MULTT3TATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1-800-635-6569 or 516-747-4311 3IFPFRREPS *' Teske David De oran Barone, Jack Canzoneri, Andrew O'Brien, David Smith, ' ~ Edward Miller c 1990 �Law and Corporate Competition Students ofLaw forAnimal Rights wants to challenge people to think about their by Kevin P. Collins, News Editor nation... can bejudged by theway its animals are 'treated.'' GandhiThe Students O fLawforAnimal Rights (SOLAR) isanew law studentgroup thatwas started justlast semester inOctober, 1992. The groupwas startedwhena number of law students noticed that they were attending the undergraduategroupmeetings on animalrights ' 'The greatness ofa - and thushad a commonand mutualinterest in the cause ofanimalrights- and thus SOLAR was bom. The purpose ofthe group is to help expandpeople' sawareness ofanimal abuse, to provide a voice for the animals, to educate daily choices in life which involve unnecessary cruelty. SOLAR welcomesanyone to join and encourages environmental journals and groupsto consider animalrights concerns. The groupis againstcosmetic testing on animals. SOLAR is also against the use of animals for testingand use in the commercial world. To that end, SOLARbelieves animals shouldnotbeused for entertainmentpurposes in zoosand circuses, in sofaras animals have therightto beleftalone. As regards to domestic pets, the groupencourages people to beresponsibleand caring. In addition,the groupis split on the tough issue of medical testing on animals- some assert the position that ifthere is GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue people that in givingrights to animals you do not have to sacrifice human rights, and to be preventive notreactive. Meetings for SOLAR are announced in advance (look fornotices)and are usually held cvcry Thursday at3:3op.m.inßooml 18.The contact people for the group are ILs Gwenn Carr, Box 361,and ScanDay, Box 376. So far, SOLAR has a core membership of twelve members, consisting primarily of 1 Ls, and is looking to expand. Membership is open to everyoneand all are encouraged to joinand come to the meetings. SOLAR'sactivities so farhaveincluded a bake sale and information table onanimal rights. The groupbought itsfood from theMain StreetFood Co-op. SOLARaIso participated in a demonstration with the Animal Rights Advocates ofWestem New York, protesting theopeningofdeer hunting seasonand bringing attention tomisconceptions about hunting and an alternative avauable, then it should be used instead oftesting on animals. Indeed, as one member explained, this could be interpreted to espouse the notionthatthereisalways a better alternative. Itwas pointed out,according to the group, thattoo manyresources gointopracticing reactive instead of proactive medicine. The group points out that 90% ofcancer is yet despitethis the National Can- Bitible, itirute spends less than 1/4 of 1% on prevention. SOLAR wants to see an mcreased emphasis on preventive medicine. SOLAR stresses that itis not trying to take human rights away, as some groups which attack animalrightsadvocates claim in using scaretacticsand propaganda. SOLAR simply wantsthe existenceand awareofanimal rights. We can look for a posible newsletter from SOLAR theecology. soon. In itwill be theirresponse SOLARalso plans to bring in anAnimal to the Florida law which outlaws the sacrificing ofanimals Rights law lecturer to speak tothe UBcommunity, tobring in a speaker from People for the in religious ceremonies. SOEthical Treatment of Animals, PETA, (to LAR favors this law and is participate in the upcoming First Annual against the sacrificing ofaniWorker AndConsumer Rights Day tobe held mals in religious ceremonies. on March 31) to address thelaw schoolonthe Leonardo Da Vinci once said commercial use ofanimals anditsrelations to the' 'The day will comewhen corporate irresponsibility, and to eventually men such as I will look on the form a vegetarian club. SOLAR also will be murderofanimals as they now participating withthe Beyond Beef Campaign, look on the murder of men.'' a nationwide movement protesting the use of And Jeremy Bentham probeef whichwillleaflet outside ofMcDonald's claimed, ' 'The questionis not all across America in April. can they reason, not can they Students who join SOLAR will come talk,but can they suffer.'' away withan increases environmentalawareness, information on animal suffering, and satisfaction in educating the public. SOLAR Ees by Joseph Belluck During the last twelve years, corporationsand industry associations haveattempted to weaken existing laws in manyareas, includ- ing product liability, antitrust and environmentalprotection. Assupportfortheirefforts, corporations have waved theflag of''competitiveness." Their standard argument is that toughlawsand strong en forcement weaken the ability ofAmerican companies to succeed in the increasingly competitive global marketplace. Two newspaper headlineof January 28, 1993provide astrong rebuttalto thatargument. Oneofthe headlinesread: AT&TLogsßecord $1 BillionProfit The otherheadlineread: IBM Plans to Cut 25.000 Jobs in Wake ofRecord Losses. Theimportance ofthese headlinesdates back to 1982, when the U.S. Department of Justice wasconsidering antitmstenforcement actions againstboth AT&T and IBM. AT&T, ofcourse, wasbroken up in 1982,and since that time the aggregate value ofthe Baby Bellsand AT&T have increased over two and a half times ~ orby $ 140billion. Interestingly, on the same day the Justice Department announced the breakup ofAT&T,itannouncedit would dismiss the antitrust case against IBM. In the succeeding decade,IBM has shown thelargest decline in market values and is currently facing massive layoffs. While AT&Thas beenable tomaneuver through the rapidly changing computer and communication industries, IBM has bogged down According to William S. Comanor, a professor of economics at the University of California, SantaBarbara and theformerChief Economist fortheFederalTrade Commission, the comparison between AT&Tand IBM is no coincidence. In his 1991 book. Competition Policy in Europe andNorthAmerica.hewrote: "We are struck by the fact thatthose wholost in the antitrust courthouse prospered in the marketplace, whUe those who succeeded in the policyarena declined steadily and imposed considerable costs on our economy and citizenry." Other examples seem to support Comanor'stheory. Inl9l2,theStandardOil Company was broken up through antitrustactions. The successors ofStandard Oilare still the dominantfirms in theoil industry ~ Exxon, Chevron, and many others. U.S. Steel, which was in courtaround the sametime as Standard Oil(1920), wasnot dismembered in antitrust proceedings. Its market share has declined from 70% at thattime to 15% today, and the company has been relatively inefficient over long periods oftime. Of course, one could argue that this decline in market share is evidence of the abilityofself-correcting market forces torender antitrust enforcement unnecessary. In addition, one could suggestthat the dominant positions ofStandardOil'ssuccessors are evidence ofthe ineffectiveness ofantitrust enforcement. Thesearguments are too simplistic because they ignore theenormous changes thathaveoccurred in theseindustries, Furthermore, the fact remains that companies like IBM and U.S. Steel are less competitive than companies like AT&T and theoil industry — which is now comprised of 8 or 10 highly competitive companies. Comanor also makes another interesting point. Overthelast decade, both Japanand the European common marketcountries have expanded theirantitrustenforcement. In fact, Comanor states thatthe Japaneseand Europeans may currently have antitrust laws and enforcement policies that are every bit as strong as the United States. This type ofinformation is rarely cited by American corporations when theyare lob- ... Corporations, continued onpage 5 MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. BAR/BRI PROVIDES AttentionThird-Year Law Students Commencement is just around the comer and much remains to be done. Please take the time to submit suggestions for guest speakers to Michael Radjavitch, Box 212. Be sure to include your reasoning and somebasic biographical information about each suggested speaker. I will also be exploring fund-raising avenues and possible sponsors for graduationweek events. Any comments or suggestions about commencement and possible graduation week activities are very welcome. PERSONAL ATTENTION BAR/BRl's exclusive Q & A tm clinic has more than 40 attorneys available to answer substantive questions from 8 AM to MIDNIGHT, 7 days a week during the course. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. February 3,1993 The Opinion 3 �Opinion Mailbox Grade Change Betrays Students February 3,1993 Volume 33, No. 10 Editor-in-Chief: Managing Editor: Business Manager: VitoA.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Tracy Dale Sammarco Gary Simpson Paulßoalsvig BillKennedy News Editor: Features Editor: LayoutEditor: Photography Editor: Art Director: StaffWriters: W.F. Trezevant Contributors: JosephBelluck, Robert Garnsey, Kathy Korbuly EDITORIAL Ban Must Still Be Lifted Clintonhas imdenfefirstcompromise. In orderto savepoliticalcapital on the Hill, he has postponed for six months carrying out his campaign promise ofl i fting theban agairistpermitting openly gay individuals to serve in the U.S. military forces. Now the question is willhe have the political courage sue monthsdowntheroad to come through withtheorder, especially afterCongress getsto orchestrate its own carnival show on the issue through televised hearings? This issue will test his leadership. Afterthetelevised hearings, he may find that in order to keep his promise, he may have to ignore popular sentiment. Ifhe can, then he will have proven that he istruly dedicated to making our society onetolerant ofdifferences and appreciative of itsrich diversity. He willalso eliminate official sanction ofaform ofprejudice that, like other prej udices, can only be defendedwith flimsyexcuses andmerely masks unfounded fearsofthosewhoare different. Clinton should lifttheban at theend ofthe sixmonthperiod regardless ofpopularsentimentand thusprovethathe is capable ofmoving our society away from the prejudices thathavemarked most ofthis nation's history. Grade Change Should be Grandfathered In In November of 1991,thenAssociateDean ofAcademic Affairs Barry Boyer circulated amemo in whichhe suggested thatthetime may have come for a change in the school's grading policy and that such a change, if implemented, would be grandfathered in. The Academic Policy and Program Committee was studying several proposals. The committee, however, failed toreach a consensus on dieissueand decided instead to let the mattercome before the entire faculty withoutany specificrecomendanon. Well, the faculty acted and, in its infinite collective wisdom, has imposed achange in the gradingpolicy. However, they did so without grandfathering the change in, and without anyjustifiableexplanation for this oversight How can the faculty justify imposing this new grading system on students immediately? According toDean Boyer, the faculty feelstheneed toprovide students with betterfeedback on it justifiesmaking their transcripts more cryptic than they already are. Furthermore,the faculty refuses to believe thatthis change will confuse potential employers in any significant manner. But simply because they believe this does notmake ittrue! In these tough economic times, students have every right to be concernedabout anything which may detrimentally affecttheirchances to get a job. The current grading system does not make transcripts very informative; the change will only makethem less so. Corrections: Regrettably, the names ofthe authors of two pieces in the last issue ofThe Opinion were inadvertantly left out. The Letter to the Editor was written by Paul Berndt and the Commentary onpage 3 was writtenby JayKalasnik. Weapologize for any inconvenience these ommissions may have caused. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe expressconsentoftheliditors. TheJ)rjinion ispublished every two weeks during theFallandSpringsemesters. Itisthestudentnewspaper o ftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaperare notnecessarily thoseof theEditorsorStafTofTheOpinion.The Opinion isanon-profit organization, thirdclasspostage enteredatBuffalo, NY. Editorial policy ofTheOpinionisdeterminedby theEditors. TheOpinion is funded by theSBA fromStudentLaw Fees. TheOpinion welcomesletters to theeditorbut reserves theright to cdit for length and libelous content. Letters longer thanthreetyped doublespaced pages will beeditedforlength. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail toTheOpinion.SUNYAB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 orplaced in law schoolmailboxes 223 or611. Deadlinesfor thesemester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion February 3,1993 Open Letter to the Faculty I amwritingconcerning the grading system change. Sound arguments wereraised on both sidesofthe issue,and change maybe theproper direction inwhich to move. Yet, to change the system forthose studentsalready indoctrinated into the old systemwould bean injustice. There isa certain population here at U.B.Law who chose this school because ofits gradingpolicy andthe cooperative,rather thancompetitive, atmosphere itproduced. This population, whether ornotin the majority, is significant. A change for these studentswouldbe a betrayal by theadministrationand faculty. Ifthe system must be changed, start anew with students who know what they willbe gettingwhen selecting U.B.Law. Some studentscertainly must be in favor ofthe change, however, they chose to come here for their legal education despite the fact that U.B. hada H,Q,D,F grading system. No change forthis population wouldbe givingthemexactly whatthey expected toreceive incoming here. Do not betraythe student body bytaking whatweallbelieved wewould be gettingand turn itinto a mereillusion. Please vote to grand father the current students in under theoldgrading system. Sincerely yours, A concerned student Give Grades Students Can Understand To The Editor: That'sit. I can no longerremain silent on the grading issue. Afterhearing all the arguments, itis clear that the only solution isan A,B,C,D system. These letters have universally understood meanings thatreadily correlate to specific numericalrankings. To wit: Al =Top notch B2 is a bomber C3PO helped to defeatDarthVader D4estKellyasDr.McCoy Damn it,people, can't you seethatthe H,Q system just doesn;t makeas much sense. H. Ross Perotcame in 3rd Qtipsareeither ear-cleaning devicesorwhat happened after thatguy in the James Bodmovies received good service. Now, I'm sure youwill allagree thatwemust immediately implementtheA,B,C,D system or face the * 'end ofthe worldas we know it (I feel fine but I'm just making a utilitarian argument here). Oh, andjust fortherecord Marc, I'm notin solidarity withyou or anyone else in thisasylum. Michael R. Nassoiy COMMENTARY Choices Fewer Than byNatalie A. Lesh The abortion controversy, likeall politick issues, is temporarily on theback burner. It islike a smoldering,red-hot emberwaiting to be ignited into araging blaze by a breath of oxygen. Yet, even in this dormant state, an aspect ofthis issue sdentiy perpetuates a myth thatis destructive to the lives ofwomen. Themyth isabout control. Many pro-choice advocates have reducedtheabortionissuetooneofcontrol. The argument is that since pregnancy affects a woman's body for nine months, and since a womanhas therightto control what happens in andtoherbody, thenthat woman has theright to make theultimatedecisionregarding when, and if, to terminate her pregnancy. It is a logical argument Things get more complicated once the competingrights ofthefetus are asserted, but the basic argument remains the same: women have the right to control their bodies. Outofthecontextofthe abortion debate, who would disagree with the statement that people, including women, have the right to controltheirbodies? Aside fromafew paternalistic rules and regulations, we are largely free to do withour bodieswhat wechoose. We can eat and drink what we want, smoke, take medications, and putanything into or doanything to our bodies that will not violate or interferewiththerightsofothers. Undeniably, ifI choose to do something which willaffect myselfandmy bodyalone,no one shouldhave the rightto prevent me from doing so. The obvious problem with respect to abortion isthatnot only oneUfe is involved. Regardless of whether it is claimed that the fetus is a person with constitutionalrights or simply a mass ofhuman tissue, the fact remains that there is some sort oflife in exist- They Seem ence. Pro-choice advocates would dowell to recognize this factandmove on, for itisboth ignorantand unproductive to argue to the contrary. Theimplkationsofthisadmissionneed notbedetrimentalto the pro-choice positionitis stillconsistent to maintain that thelife of , the woman,arguablyaclifTerenttypeof 'life" than thatofthe fetus, merits greaterprotection andultimate deference. But that is not what mis is all about aborting ismerely an illustration ofa point And thatpoint isaboutcontrol. Society has progressed tremendously withregard to equalizing opportunities available to women. Women now hold positions which previously hadbeenreserved for men, and mostofthe traditionalbarriers to women's achievement havebeen dissolves. Yet, in the face ofthis movement, many women, especially well-educated, middle-class women, feel a lack ofcontrol over their surroundings and over their lives. In consequence, many women attempt to assert control overthe one thing-theirbodies- that is indisputably thejis. This control takes many forms. Most often,however.itinvotves the useandabuseof food. The options are obvious: either eatto excess or not atall. In each case, the woman isable to gauge herprogress byreference to the all-mighty scale each pound lost or gained representing an increased levelofcontrol. The woman can literally see. the results of her actions, the fruits ofher labors, and feel refreshed with the knowledge that she has the power to alter herappearance and to control whatisheis Unfortunately, however, this behavior becomes so obsessive that the exact opposite of what the woman intends actually occurs. The womanfinds herselfunable to controlher ...Choices, continued on nextpage - - Deadline for next Issue: Monday, February 8,1993 Feb I OthVALENTINES DAY ISSUE!!! Leave submissions in Box 223 or Box 611 �Chew on This By Tracy Dale Sammarco This column is doomed to be disjointed because ofthe multitude ofissues coming out right now. People are talking about a number ofthings, some ofthemad nauseam. Zoe Baird is a good example of this. I am a " feminist and, I suppose, one of those liberals dressed down so often in lesser UBLawpublications. And yet, I have to say that I don'tsee Baird as the last great hope for women in this nation. She dropped the ball in a game (and I do mean game) where ball dropping is definitely not allowed. Frankly, I'mambivalent. Tjms tells us that it was that übiquitous entity THE PEOPLEwhospokeupanddemandedßaird's nomination bequashed. We the people demand Clinton live up tohispromise ofahigh moral standard for government; or somethinglike that. Bull. Itwas thedivine outrage ofthose predisposed to hateanything and everythingClinton hasdone, is doing or will ever do in the future that drove Baird to withdraw.Whocares? I'mglad. Idon'tthink Bairdwasawisechoice. Attorney Generals probablyshouldn'tbreakthelaw. Orperhaps theyjustshouldn'tgetcaughtdoingit. Bye, Zoe, try your luck in Peru. But let's get serious, shall we? Where themediaboys were hanging outat that big Features Editor concept, yetone many people just don't seem to get. Takethe following hypothetical incon- sideration of this issue of public personae versus private indiscretions. Say, justfor the sake ofargument, that you're the head ofthe Louisianachapter of, oh, shall we say,OperationRescue? Yeah, OperationRescue. Would you, theaveragelaw student, fall, lemmee see, some$ 13,000.00behind in child supportpayments? Wouldn't be too prudent, would it? I LIKE it when the Bills lose. Youpurport to care somuchabout therights of the fetus thatyou are driven to abuse women outside ofabortion clinicsfor fun and profit. Yes,profit Didlforgettomentionthatyoualso get paid for your work as a good Christian soldier? Well, seems likeyoumight beable to afford somesupport foryour three kids,huh? Well, not if you're Kirn Carmouche. Carmouche was held in contemptofcourt for failing tomake childsupport payments for his three children. He was ordered to pay $ 13,285.00 to his former wife, Chris; halfin the monthofJanuary andthe rest by June 21. The alternative wasa threemonth stay inthe local penitentiary. Chrisreceivedherfirstcheckin January. pond called Politics, wearingtheirhip-waders and fryingBaird up like a big, fat trout, Needless to say,Carmoucheresigned as Judge Sal Wachtler merely walked across aresult oftheincident. I guess I seem pretty the waterand ontodry land. Remember Mr. smug about this incident, huh? Well, after Wachtler? Yes,I think youdo. He was that spending thelast six oreightmonthsstanding paragonofvirtue whowas setup by the FBI outside oflocal clinics, try ing tohelp women and forcedto extortmoney, threaten social- exercise theirconstitutionalrights in the face ites and mail condoms to children. Yes, ofanti-choice hostility, I guess I am kind of smug. Far be it from me to suggest that THAT guy. Baird, withcomparatively negligible crimesunderher belt, is public enemy Operation Rescue ought to practice what it numberone. Wachtler, on the otherhand, is preaches. But I think I willanyway. the persecuted national hero. His meteoric I know thatthereare differentfactions in fall from grace was somehow suspect, the every movement. I know that some people faultofthe FBI,therich socialite, orperhaps sincerely believe thatthefetus hasrights. lam itwas a touch oftemporary insanity. Who willing to concede that not everyone in the knows, but itwasn 'this fault, that'sforsure. anti-choice movementis ahypocrite. I have to Frankly,lthinkthey'rebothyo-yos. If say,however, thatsince I have been escorting you're top dog on the Court ofAppeals or at the local clinics, I havereceived more death vying for Attorney General, make certain threats than everbefore in my young life. I youdon'thaveany skeletons in your closet question the motives ofthose who demand and, forgod's sake, don'twhip any up while rightsfor the "unborn" andthen go on to treat you're holding office. It's a pretty simple those same entities like so much trash once ...Choices, continuedfrompreviouspage ownbody, and becomes an unwillingcaptiveof diseases such as anorexia and bulimia. The wardenbecomes the prisoner. So what doesany ofthis have to dowith abortion? The abortion argument,directly pits women's control of their bodies against the unborn. The exercise ofa woman's control withrespectto terminatinganunwanted pregnancy therefore becomes an exercise in the destruction ofanother being, whatever its status as a' 'person " or' 'non-person.'' Thisprochoice positionaffirms that, yes,women are in controloftheirbodies. However, it distortsthe control and ignores thereality that thiscontrol comes only at the expense of another life hardly anideal thought for mostwomen who loudly proclaim their pro-choicerights. Obviously, theabortion controversy is a symptom ofthe problem and not the disease. Society as awholemust take theresponsibility to shoulder this burden asone ithas created, and as oneitmust defeat. Womenshould not have to fightfor the right to kill theunborn in order to assure themselves that they are, indeed, in control oftheir bodies and their lives. Such a victory can be empty, at best. Women must accepttheir expanding role in today'ssociety, and begin to feel comfortable and confident withtheknowledge that wears in control. We shouldno longer have to proveit lo ourselves or to others -at the cost ofourbodies,onrniinds, andour souls. they are born. Any otherrelevant stories inthe news Let's see...Somalia, page three...Bosnia, page six..ThurgoodMarshall, page ten...Buffalo Bills, page one (headlines, priority stuff). They've hoggedalotof press lately, eh? A friend ofmine in Act-Up! told me that she tried to contact the press regarding anarrest in Buffalo duringadowntown needle exchange and that the local news hackswouldn't giveherthetime ofday. I'm going to get it for this, but I've got to say it. ILIKE itwhen theBillslose. Why? Well,maybe it'sjustplainmean onmypart, butljustgetsickofseeing red, whiteandblue paraphernalia on everybody all the time everywhereI go. People pour theirheartsand souls into this game and they are left with very little mental energy to devote to anything else. There's something wrongwith our values as a society. Take my favorite local news correspondent, Don Esmonde. This guy has a relative in managementat the News, boys andgirls. He'sgotriotalent,that'sagiven. Well, he's proven his essential valuelessnessonce again. Remember Katy Beer? She was that nine-year-old girlwho waslocked in ahiddenbasementroomby friend otherfamily. Didyouknowthattheemotional distressand terror ofa nine-year-old child locked in a lunatic's basement is comparable to the suffering ofthefans ofthe Buffalo Bills in having to watch their team lose two (now three) Superbowls? Yes,according to Mr. Esmonde, Buffaloneeds to bepulledfromits deep emotional distress just as Katy was freedfrom herprison. I can't stand it anymore. Wake up Buffalo. People's lives should notrevolve around football. As adiversion, football has its place. But can someone explain to me whatthe correlationis between football and domestic violence? Statistics show that the dayafterthe Superbowl is thisnation's worst in terms ofan escalation in the incidenceof domestic violence. Can we speculateabout this? I'mjust curious-whereareourpriorities? lately? ■ A fo* MOeC «4PoeMATioAI Au f I 11 \WO-U%<ifcLf> LET YOUR JUICES FLOW! xxxoooxxx SUBMIT A LOVE BLURB. ...Corporations continuedfrompage 3 byingfortheweakeningofantitrustandproduct Uabihty laws. As more and more studies are being conducted that debunkthe "competitiveness' * myth,corporations willlikely abandontheirpositionand searchforanew flag to wave. Notwithstanding, too manyrights and liberties hang in thebalance for debates over legal reform to take place in a vacuum. Let's hope that Bill Clinton and Congress will reinvigorate antitrustenforcementand unmask the culprits hiding behindthe bannerof"global competition." POST SUPERBOWL DOMESTIC VIOLENCE 3IUL .0.9 1 - February 3,1993 ' The Opinion 5 �RToP amhineg hotographer byPaulßoalsvig,Photography Editor This week's question: Should President Clinton go ahead and issue an executive order ending discrimination towards gays in the military? Joeßelluck,2L MatthewKohm,3L ' 'Creating the policy and implementing itare two differentthings. It shall be quite interesting to see how this will play throughthe system.'' byKevin P. Collins, News Editor When welastsaw theDarkMarbles, the group wasa foursome. It still is. Except that sincethen, threemembers ofthebandhaveleft andthree havecomeaboard.Exit stage leftwas mebassplayerCaptainKiik,who,rumorhasit, left to joinanew band, Deep SpaceNine. Right behind him was Dizzie Miss Lizzie and her keyboards. Andlastly,thelong-timedrummer Dark Dave left to go to the Big Apple. But justwhen it looked as if the Dark Marbles had bitten the dust and joined the number ofgroups who once werebutare no moreand whereare they no w - enter PatKane on lead guitar, Doty Hall on bass, and Al ''Although I think that gay s shouldbe allowed in the military, my strong beliefin separation ofpowers requires me to repudiate the use ofexecutive orders for suchchanges." Karen Bellaire, 3L Yes,othercountries openly allow '' homosexuals in the military and have not hadproblems with moraleamong the troops." Louis Higgins,3L Yes,but therealso would have to be '' provisions madeforaccommodation and living arrangement changes thatmay be necessary." Dark Marbles Roll Once Again Planet," alate 1970'snew-wavepopsongby The Humans. One student stumbled onto the Konrad on drums. Basically members ofa Dark Marblesgroupiesand faithful were in the stage,and to save face, slapped Yodahigh-five group called the Red Tears joined up with the audience as the Dark Marbles' performance in the middle ofthe song as the other dancers oneremaining, originalmember ofthe Dark wasreminiscent ofTheWho. The groupimmewere prepared to follow suit and storm the Marbles-oF YodCrewsy.theleadvocalistand diatelyripped into theirpsychedelic version of stage. But calm was restored and the band guitarplayerhimself-and thusreborn was the theElectric Prunes tune' 'TooMuchToDream" played There arerumors that in the weeks Dark Marbles! Just when you thought it was (which could be renamed as a law student ahead there might be a 2L who will sing and safe to go to a bar... anthem:' 'TooMuchTo Read). They played playacoustic withtheDark Marbles ledby Yod On Friday night, January 15,1993, the on into the 13thFloorElevators song "You're Crewsy. Whenpressed for commenton this, the Second Annual Rock-n-Roll Tribute to the Gonna MissMe" ledby PatKane'sblistering 2L,after thegigwas finished, quickly shoved spiritand memoryofAnnetteKane washeldat guitaron this psychedelic garage-rock blast peopleoutofhis wayas he exitedCPGs. And the Central ParkGrill(CPGs) located at2519 from the past circa 19605. Anumberoflaw as he laughed and sighed to himself, he was Main StreetThe DarkMarbles playedthere in students danced their way around the packed thought to beheard to utter, "This wholething oneoftheir few rare appearances. A throng of room to the song of' 'Another Girl, Another issurreal, man!" on. "Drinking is Art. Beer MakesYou Smart." , —MarkFreeland, LocalMusician The Opinion 6 February 3,1993 �...Grades, continued from front page implemented over a period of years as the change would create a different evaluative basis. Boyer said "As the idea ofan' 'A-F'' system fell off, so did concern regarding a grandfatheringprocess". Impact of Grade Change on Employment Not A Faculty Concern: Professor Lucinda Finley, who strongly supports immediate implementation ofthenew grading system, feels that students do not understand thatthere are "very importanteducational reasons formaking the grade change.. .and itis thefaultofstudent representativesofnot conveying thisinformation to the studentbody. Giventheseeducationalreasons, Finley feels the change should be immediate. Finley said thatthe faculty decision to changethe gradingsystem did not emanate solely from student pressure. According to Finley, concern over a need to change the grading system originated from the Special Programs group, Legal Methods Committee abouttwoyearsago. Thecommittee identified thatthecurrentgrading system wasnotproviding some students withadequate feedbackas to their performance. Once the concern was raised, faculty felt the concern should beapplied across the student body. "Under the current system, the only way to signal to a student that they needed help, or needed to improvetheir effort, was to giveastudenta' D' asno"Q-"wasavailable." Finleyalso mentioned thatthe second concernraised by both studentsand facultywas the irregularity ofthe applicationofthe "Q* " and thatsome faculty were usingit as a defacto' 'Q+.'' Given student comments compiled by the SBA during theFall, Finley saidthatthe faculty determinedthatalthoughtherewas no clearconsensus, students wanted someformof change. Finley said that many faculty were hesitant in going to an "A-F" system as it would''lead to an environmentofcompetition ratherthan fosteringeducational goals. What''personally upset Finley at therecent faculty meeting was what shefound to be "irresponsible and factually inaccurate Bill and they mustconsider differing grading systems. Finley statedthat some ofus (faculty) know moreaboutthe employmentmarket than student accusations that the faculty were not studentsrealize." Although she statedthatan sensitive to student concerns. Sheadded that explanation ofthechange wouldappear onthe as a law school, UB is distinguished by the transcript, she did notknow exactlywhere it number ofstudents whoare allowed to actively would beindicated on the transcriptandhow it participate withindie law schooladministrawould be explained. tion and sit on faculty committees. "HowDean Boyer concurred with Profesever, '' referring to Joel Sunshine's comment sorFinley's observations that the majority of at theFall 1992meeting,Finley said "thereis the faculty did not feel employers would be no sense that students wanted [the change] to confusedbythenewsystemandagreed that the apply to hypothetical people in the futureand new grading system would send a better signal to studentsregarding theirperformance. nottothem." Regarding student arguments that Although undecided as to whethera the immediate system change in the Spring grandfathering process should be adopted, would have a detrimentaleffect on employBoyer stated that such a proposal, with the ment, Finley statedthat several faculty found suggested useoftheOfficeofAdmissions and this concern' 'very weak [and] bordering on Records (A&R) was capable of being done erroneous [and] disingenuous." Finley also although, greater manpower may be needed said that students present at the meeting ex- (See sidebar, page 1). Boyer also mentioned pressed thattheyfelt most students were more thathethoughtthatthe studentrepresentatives concernedwith potentially getting a "Q-" and did areasonably good job,"but, [they] could didnot want it to apply to them. havekeyed into faculty concerns better.'' "As the idea ofan A-F system fell off, so did concern regarding a grandfatheringprocess." Dean BarryBoyer CDO SeesPotential Problems withEmployers Reviewing Transcripts: Director ofÜB's Career DevelopmentOffice,Audrey. Koscielniak, whois not in favor ofa change in the grading system until at leastFall 1993, said itis hard to determine the Finley feels that the approach used by studentrepresentatives at the faculty meetingwas unproductiveand unconstructiveand full impactofthegrade change, but there wo uld affected their ability to advocate for their definitelybesome problems due to the subtly proposal.' 'Ifthe students hadapproached this ofthechange. Koscielniak, whoisalsoresponissue ina muchmore effectivelawyering way. siblefor creating the package ofinformation .theresultmay havebeendifferent Ifstudents which employersreceive to promote interest in UB students, said that immediate implehad said, 'Thankyouforbeingresponsivetoour concerns about a change. Frankly, neither mentation will make the package messyand confusing" and may require a sophisticated facultyor students havegivensufficient attention as to when the change should begin. We professionalbrochure thatclearly explains the would like to have a meeting to discuss it.' twograding systems and how the transcript InsteadofacknowledgingjointresponsibUity, shouldbereviewed. Koscielniak added that some emthey blamed the faculty.'' be conscientious and recognize will ployers It is Finley's opinion that the act of differences,'' the however theremay be others tabling the issue indicates thatgiven the soundthat are confused and may not recognize the nessofthefaculty'sinitialreasons forchanging the grade,and theirfeelings thatnone ofthe subtly ofthechange. Although there are some not initially require a tranarguments presented by the students were employers thatdo most employers, application, for script job sound, thefaculty has noreason to wait. Finley those in formalizedandstructured especially saidthat severalfaculty members spoke from personal experience ofbeing in employment Fallrecruitment, willrequire a transcript inisituations where they reviewed.. .transcripts'' tially. . m\]fu H l "Employers shouldnothaveto struggle a student's transcript."stated Koscielniak. She mentioned that she often receives calls from employers who do not understand the current gradingsystemand that employers, who have mentioned other law schools who have erratically changed their grading systems over a shortperiod oftime, have indicated that would not be willing to attend those schools' 'until they gettheir act together." As CDO Director,Koscielniak was quick to clarify thatthis is not a faculty view, but is based onherlaiowledge ofthe employmentenvironment. She emphasized thatfaculty concerns are overriding. "Iffaculty feel that implementing the system now will push students to be better students, and thereby produceabetterproductforthejobmarket,that is their decision to make.'' Koscielniak feels it is important that students remember that '' education is first- gettinga jobis secondary. Law schoolis not trade school. Lawyering is onlyanoption. The faculty have theresponsibility to education.. .A betterstudentproduct will increase ÜB's reputation in the legal community." to understand SBA Continues the Fight: SBA President William Trezevant strongly disagrees with Professor Finley's implication that student concern originates from current students being fearfulo freceiving a"Q-"grade. "Such an assumption implies that students are inherently lazy and are not trulyinterested inobtaining a legal education. That is clearly wrong! Many students have struggledthroughouttheir educational career to pursue the legal profession and have committed to survive three years of dedicated study. To think thatstudents inherently do not want to do their best implies that no such commitment exists. Such an assumption is wrong!" Trezevant feels that thecritical element inresolving this issueisclear communication. He said thattheSBA has been working diligently to communicate to faculty a clear understanding ofstudentconcems. Trezevant believes' 'thatalthough theissue appears divisive, the environment has fostered a greater commitment and willingness by all sides to collectively resolve this matter in the best interestof thelaw school community. 41 4 February 3,1993 The Opinion 7 �SBA BRIEFS UB Law Student Wins Skadden Fellowship ShawnBoehringer, a third-year studentat the StateUniversity o fNewYork School ofLaw, is one of25studentsnationally who willpractice publicinterest law this yearas a Skadden Fellow. The$10 million Skadden Fellowship program was established in 1988by the New York City law firm ofSkadden, Arps, Slate, Meagher & Flom to allow graduating law students and judicial clerks to practice public-interest law. The fellows are paid $32,500 ayear for thetwo-year fellowship, a generous salary by public-interest standards. The firm also handles the fellows' benefits and loan at Buffalo The S.B.A. Brings SenatorAlfonse M. D'Amato With the help ofFust Year StudentPhU Monte, me S.B.A. is honored to bring the United States SenatorfromNew YorkAlfonseM. D'Amato to UB Law School. Senator D 'Amato willbespeaking onthe Republican Agenda duringthe Clinton Administration. Additional detailswill follow, so staytuned tothis channel and the S.B.A. billboard outside room 101 O'Brian Hall for all the information. Grade Deadline Weare onceagain approaching the grading deadlinewhich, as we all know, isby faculty decisionaself-imposed deadline. TheduedateforgradesisFebruary 15,1993. We have made tremendous progress over past years in meeting this deadlineand this year appearsto befallmginlinewiththis trend. Weare thankful forthe progresswhichhasbeen made on this sensitive issue. FinancialAid Governor Cuomo, in hisproposed budget, has calledforthecomplete elimination oftheTuition Assistance Program (TAP). As time is ofthe essence, we are asking that you dothefollowing. First, complete the survey being distributedby the Dean's officeso thatwemay put togemerafhiancMimpactreportforthestate legislature. Second, write tothe Governor's officewhoseaddress is below. Third, call theGovemor'soffice and voiceyouropposition tohisplan. TheGovernor's proposal onlyfurtherlimitsourability andtheability offuture students to obtain a legal education. As we allknow, UB Law School holds the special distinction ofbeing the only S.U.N.Y.Law SchoolinNew YorkState. Wethereforebearmeuriiqueburdenofproviding a legal educationto peoplewho would nototherwisebeable toafford a J.D. degree.Thus this issue isofthe utmost importance. Please take thefew moments needed out ofyour schedule to help us in this endeavor. : Governor Cuomo Executive Chamber State Capital Albany.New York 12224 (518)474-4246 FacultyAppointment Atthemostrecent meeting ofthe faculty, a decision wasmade tomakean offerof employment to Nancy C. Staudt, who is presently a Harry S. Bigelow Fellow at the University ofChicagdLaw School. Ms. Staudt subsequently accepted ouroffefand will join our faculty next year. A graduate oftheUniversity ofMinnesota Law School, Ms. Staudt hasexperience in federal, state and local tax. She specialized in ERISA work as an associateatMorrison& Foerster in San Francisco, Califoniiain addition torepresenting After Foerster, Ms. Staudt workedfbrtheCalifornia Coalition forBattered leaving Morrison & Women inPrison andThe SanFrancisco Urban Service Project. Ms. Staudt is expected to teach in the areas ofResearch & Writing, Tax, ERISA and Securities. Council OfPresidents On January 26,1993 the S.B.A. Boardof Directorsamended the By-Laws ofthe SmdentßarAssocbtioncreatingaCouncilofPresidents. Theßy-Lawreadsaifollows: CompositionoftheCouncdofPresidents;TheCouncaofPresidents,(TheCouncil) shall becomposedofoneseniorofficerofeachstudent organization charteredbytheS.B.A.,or a designeeofsuch organization, and the chairperson. T4ie by'theßesident oFtheSß.A.from amajority voteoftheS.B.A.BoardofDirectors. The termofthe chairpersonshallbefor one academic year. Responsibilities ofthe Council; The Council shall meet monthly to coordinate activities among student organizations, discuss issues and share information relating to student organizations, to hear from faculty speakers and to address other activities in relation to the S.B. A.. Pursuanttodie.Boardoroirectors'passageofTheCouncilofPresidents, on January 28,1993,1a5ked First Year Class Director Paul Beyertoserveasourfustchairperson. His organizational experience and enthusiasmfor this innovationmakes him ideal. Subject to theBoardofDirectors' approval, andwithyoursupport,rmconfidenthe willdo a fine job. I know he is looking forward to working with us all. Bar Review Information Centralization On October 1,1992theS.B.A. BoardofDirectorsvoted by acclamation toplace a billboardonthefirstfloorso thatBar Review companies may postall advertisingand other materials. The billboard is to be equally dividedbetween all available companies. The Bar review companies are precluded from posting material elsewhere in the school or inserting material in student mailboxes. The recent placementofthe signabove theb illboard on the first floor isthe fruition ofthis policy decision by the S.B.A. Board ofDirectors.i Student BarAssociation Executive Board Petitions Yes, once again, itisaboutthattime forallofustobegintotliinkaboutnextyear's S.B.A.'sadnumstiutionanduieupcoming Executive Board Elections. The ordything I ask is thatthose who chose to run, do so with earnest, enthusiasm, and commitment, and more specifically, thatpeople notrun thinking they can resign. Petitions will be made available beginning February 22,1993. An election schedule will beincluded in the nextOpinion. 8 The Opinion February 3,1993 repayments. Many Skaddenfellowsremain in public-interestlaw once theirfellowships are completed. Boehringer, a native ofAdamstown, Pa., will work for the Appalachian Research and Defense Fund in Prestonsburg, Ky. He will handle issues related to coal mining, suchas workingwiththeKentucky congressional delegation to enact legislation that is more favorable to miners applying for federal black lung benefits, and representing miners in workers' compensation claims, on safety issues and in retirement benefits claims against the United Mine Workers. Boehringer,who worked onthePreciousJewelsDay Care Centerproject for UBlaw school's Community Economic Development Clinic, alsoplanstouse his experience to help groups in the Prestonsburg area that want to start day care centers. '' I knew early thatI wanted to do legalservices, public-interest work," he said. Boehringer says hishome county ineastern Pennsylvaniaborders thecoal region, sohe wasfamiliar with thecoal industryand the problems associated with it. "I was impressedwith the Appalachian Researchand Defense Fund; itdoes a loto fnon-traditionallegal servicesand a lot ofproactive work onbehalfofcoal miners, "he said. Boehringer received a bachelor's degree in history and religion from Gettysburg College inGettysburg, Pa. Heresides onthe West Side ofBuffalo. Insomniac? Bored? Thirsty? The Cure forYour Problems is to JoinThe Opinion. Now! "You didn'thear it here!" Thecomputer centeronme fourth floorisjustaboutcomplete.Theonly remaining issue is the whereabouts ofthe monitorsfor the computers, Reliable sources suggest that the monitors willarrive in a few weeks, just in time for theresearch and writing classes to be held in the center. Let'sjusthang intherebecause we've come sofar over previous years withthecooperation ofthe administration. Student Group Highlights Circles Following an extensive and cumbersome application process, our very own Circleshas once again overcome the odds. Circlesrecently wonadditional funding from Sub-Board One'sprogramming grant fund. This wasno smalleffortas Circles.had to compete against organizations University-wide fortius funding. Congratulations to Circles onceagainand continue the goodwork. BELJ After superb organizationaleffortsand a semester'sworth ofreview and editing, theBuffalo Environmental Law Journalisexpecting it's firstpublication this semester. The conventional wisdom understands that this issue will contain two professional articles and two student articles. Around ofapplause is dueforall those silent warriors ofBELJ. Phi Alpha Delta Duringthis yearofchange, ourown groupsare notimmune. The organization which produced the UB Law School Directory for asecond year inarow at no cost to the student body just held their elections. Under the newly elected Justice, Saultan Baptiste, and Vice-Justice, Chrisun Horsley, the group plans an expansion on the foundation which has been built for the last two years. Phi Alpha Delta is presently planning theirspring initiationforlate February. Otheractivitiesare scheduled as well. Student Fee Referendum isApproaching Imagine ourlaw schoolwithoutany studentgroups. No newspaper.journals, or student clubs. All ofthese organizations are supported by our mandatory studentfees. The mandatory studentfee affects all areas oflaw school life. Once every fouryears law students are required to vote either to keep fees mandatory or to make them voluntary. If the fee is not kept mandatory, it is quitepossible that all ofthe student organizations which make up the mosaic oflaw school life will cease to exist. Weare in ourfourth yearand mustvote. The voteis scheduled tenativelyforthe endofFebruary. More information and discussion will beforthcoming. �...Abused . continuedfromfrontpage working conditions for women in the maquilladoras, andvisitedongoing projects. AnnPeters openedherpresentation by noting that people who dohumanrightswork in Guatemalaadhere to thehumanrights beliefs oftheUnited Nations (UN), whilefacing the fearofdeafhthreats, torture,andassassination. People are requesting thebasicrights to organizeand to a decent standard ofliving. With a series ofslides, Ann Peters illustrated the li fe ofwomen laborersand organizat ions inGuatemala. Justrecently, the only operating union in the sugar caneindustry was closed downby its ownerfor fear ofreprisal. It was reported by Ms. Peters that the Guatemalen people have leftthe countryside and flooded into the cities. The number of displaced people has surpassed one million and thereare 10,000homeless streetchildren, mostofwhomare orphans, in the capitalcity alone. To help alleviate and address these problems, AnnPeters and othersprovidelegal supportfor people wholiveonunoccupied land, enabling them tobuy somelandand to obtain a title to own smallplotsand to have a place to live. Ms. Peters toldoftheproblems women faceinorganizingunions. The government has a policy of selective assassination of union leaders thatwas particularly prevalent in the early 1980s. Shepointedoutthateightmembers of a union were killed in a Coca-Cola strike. A large percentage ofthe workforce in Guatemala iscomprised ofwomenand teenagers. Whenevertheworkershaveattempted to organize inorder to improve theirworking and living conditions, they have usually been met with reprisals. Oftentimes, Ms. Peter reported, thegovernment forcesmilitary conscription ontheyouth bysweep ing through the streets and picking up the young men and forcing them to serve in the military. This usuallyonlyhappens to the poor, indigenous f ; people. A fewweeksafterthe kidnappings, the family oftheyouthreceives aletter informing them thattheirmissing son was now actually a part ofthe military. The widows of Guatemala have organized into dieNational Coordinating Counsel ofWidows. This organization fightsfor human rights in Guatemala, especially for widows withyoung children. Ms.Petersrecounted how thewomen whoattendedmeetingshad to often go in disguisefor fearofbeingrecognized by government spies and then ending up as a mysterious disappearance. Aparticularlytragicrecounting ofevents came throughwhen Ms. Peters told the audiencemembers ofan American nun who was pickedupand tortured. She waslowered into a pitofdying people and forced to walkon top oftheirinjuriesamidst theirtortured screaming. To this day, the nun still has recurring nightmares, but,courageously, shesomehow laterfound the inner strengthand resolve to overcome thepsychological ramifications of thetortureto testifyagainst her terrorists. Ms. Peters statedthatthis horrible event wastypical ofthe sexual abuse and rape of women prisoners. Ms. Peters wenton to tell ofan anthropologist working with displaced people who was stabbedas sheleft her office-a victimof apolitical assasination on the eve ofpublication ofher work. The governmentattempts to conceal such murders by attempting tomake them appear as common crimes. Ms. Peters continuedwith thehorror stories. Sheeventold ofhowapoliceofficer- (yes, a police officer!) was killed for actually finding too much evidence on whocommitted amurder. Nonetheless, women are increasingly taking a leadershiprole in the maquilladoras. At present, threeunions are recognized. But, in one maquilladora all the workers were fired and thenrehiredwithout the union. Such is the - —~ The Dark Marbles are due to play at abenefit concert forthe WorldUniversity Games atNietzches onAllen Street on February 24th. So, to all theirfans, stay toned for more Dark Marbles: same dark time, same, darkplace; commonplace use ofanti-union tactics which also include violence, death threats,and torture. Human rights abuses abound in the maquilladoras. Women laborers are often victims ofviolent sexualabuse and beatings. Sexual harassmentand coercionare constant occurences in the maquilladoras in Guatemala. Sex is often the quidpro quo for the opportunity to get ajob in the first place. Sex isalso used as a trade-off for promotions or bonuses. Women laborers, perhaps the ones who made the shirt onyour back, are often forced to work under the influenceofbarbiturates and are lockedin atnight for24-36hour shifts in orderto finish an order thathas to go to the USA. If these employees attempt to organize, they face deaththreats, violence and assassinations. Theemployees must work in unsafe working conditions where not even basic labor laws areenforced. Child labor abound, andalthoughthey arenottooyoung to work, children under 16years oldcan not join aunion Unions inGuatemalaorganizenotfor betterpay, but insteadfor theidea thatworkers be able to eat in a lunchroom instead ofthe street and have the right to take bathroom breaks. The wholeAnnPeters presentation was videotaped and isavailable in the fifth floor Audio-Visual (A V)Roomofthelibrary. With stronghumanrightsinitiativesand consistent pressure,rheUScan and should playadecisive role in favor ofpeace and real democracy in Guatemala. So next time you see the label "MadeintheUSA"onagarmet, stop and think about what thatreally means. —S * of$250.00 each. A total ofat least $7,500 will beawarded. Recipients will have their current BAR/BRI tuitionreduced by the amount ofthe scholarship,exclusive ofany early sign-up discounts. Approximately twenty scholarships will beawarded to students basedonneed. describetheirfinancial situation as well as thosereasons why a scholarship is deserved. Scholarships will not be awarded to those possessing apermanentjob subsequent to graduation. About ten scholarships willbeawarded through theBuffalo Public Interest Law Program (BPELP) to students wishing to workin thepubbc sector. Applicants for these scholarships must show a demonstrated commitment to working% tne public sector. Preference will be given to those applicants who clearly indicate post-graduation plans which include a public interest/public sectorjob. Students may receive either a need-based or a public interest scholarship, butnot both. Toapply,please writealettcrofno more than onetyped, singlespaced page. Return it to Madeline Fincsmith, Box #87, no later than Friday, February 19,1993. Writeyournameonacoverpage,butdonot write your name on subsequent pages. Please specify whether the application is foraneed-basedbrapublic interest scholarship. Scholarships willbe honored in NewYork, New JerseyandNewEngland, and any otherparticipatingBARVBRI jurisdiction. Pleasespecify which bar exam youare planning to take. MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED; THERE MUST BE A REASON WHY. BAR/BRI INCLUDES EVERYTHING. Unlike other bar review courses, BAR/BRI enrollees need not pay additional monies for essay or multistate supplements since workshops are already included in the BAR/BRI course. The Buffalo Journal of International Law Any UB law students interested in an Associate position should submit a letter of interest to Michael Radjavitch (Box 212) by 4:00 P.M. Friday, February 6. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. February 3,1993 The Opinion 9 �Graduate Student UnionWins Certification i Love Blurbs! js> inTheOplnionls specialValentines Day issue. | | Express those burning, churning yearnings from your heart, orany other passionate regions. (As editors, we reserve theright to edit forboringprose orstudent apathy ) cOOp ■ P<~) v I<S ■ ! - ' ! Write yourLove ditty hereandplace it in 512 and watch for it in theFebruary 12thOpinion Valentine's Day issue. \vc> | | f\ \\) From the Cheap Seats by Kevin P. Collins, NewsEditor Afteranekven year struggleagainstSUNY.theGSArecently wontherightto hold a certification election in order to represent the GAs and TAs in a collective bargaining unitto SUNY. All the voteswerecast by December 17,1992 and onDecember 18,1992 theNew YorkStatePublic Employees Relationsßoard (PERB) announced theresult- an overwhelmingvictory fortheunion. Ofthe voters, 85%,or 1936, votedfortheunion, only 338votedagainst The Graduate Student Employees Union (GSA) is an independent local ofthe Communication WorkersofAmerica(CWA)andisLocalNo. 1188/AFL-CIO. TheGSA represents all the Graduate Assistants (GAs) and Teachers' Assistants (TA) in all campusesofthe State University ofNew York(SUNY). TheGSAhas already started its bargaining committee meetings- theywill be held onThursdays at6:oop.m. in the second floorlobbyofthe StudentUnionßuilding. Onesuch meetmgwasheldjustthispastThursday,January29thMaiyS Department, moderatedthe meeting. CarlMontgomery.theGSA President, toldtheunion members ofhow SLTNY isalready using stall and delaytactics to make theGSA wait 5-7 more weeksbefore the actual bargaining table negotiations can begin. He also stated that theGSA bargaining teamwas already in place andthat SteveKeller istheÜB/( i SA bargaining teamrepresentative to Albany. Many otherissues were also discussed at themeeting, butclearly themost important issues forthemanymembers in attendance was health care, protecting die benefits which they now have, and enactingan effective grievance procedure through whicha collective bargaining agreementcan be enforced. The interestinglegal question ofjust exactlywho isthe public employerunder theTaylorLaw thathastobargainwiththe GSA wasanswered by Robert Garnsey turn to Washington, whileBusey and theother I had heard somany goodthings about Under Siege, the new Steven Seagal movie, that I went into me film withhigher expectations than I usually do in an action movie. Regrettably, I have to report thatUnder Siege is one of the worst films ofthis or any otheryear. I'm still scratching my head trying to figure out thisfilm'senormous popularity withcritics and public alike. ofthe film is interestingenough: arenegade, slightly wacked-out CIA agent (Tommy Lee Jones) is in cahoots with a renegade, even more wackedout Navy officer (Gary Busey, who's madeacareer out of playing unstable villains) to hijack the battleship Missouri and sellits nuclear-tippedcruise missiles to some third-rate foreign power. There are two major glitches in the plan, however: first, unbeknownst to the bad guys, one ofthecooks stationed on board the ship (Seagal) isactually aNavy SEAL;and second, the terrorists are unbelievably stupid. You would think that such a difficult operationas hijacking anuclear-armedbattleship would require a modicum ofbrains and coolheadedness. But ,the bad guys here are completemorons, which doesmuch to destroy the film's credibility. Take, for example, the scene deliversarambling ultima- I terrorists gigglelike schoolboys in the background. These guysare professionals? And why, oh, whydid weneed to seeBuseyrunning around theship indrag? These people couldn't take over a lifeboat, muchlessabattieship. The worst thing abc*it Under Siege is its script, punctuated by some of the most excruciatingly bad dv* loguelhaveever heard. (Example: a seaman replies to Seagal's request for help in battling the terrorists by muttering, "Manlain't cut out for this hero shit!") Even the action sequences, despite a couple of deft killings by Seagal, fail to be very impressive. And the film never builds any real suspense, because the vilare so incing. I really didn't care what they even when Joneslaunches a coupleof Tomahawks atHonolulu out ofpure ilains he one bright side in the film is the fforiner;Playmate and Baywatch star leniak, who, despiteher inexplicable ;e on the ship, provides some much comicrelief as Seagal's unlikelyally, id, however, Under Siege isan incred-1 film, a promising idea undone by a script. It'snotSeagal'sfault;noteven Schwarzeneggercould have saved this Ifl werepart ofthe Nayy brass, I'dbe 1 that this film mighthurtrecruiting. Love Blurbs! inThe Opinion's special Valentines Day issue. Express those burning, churning yearnings from your heart, orany other passionate regions. (As editors, wereserve therigliffo edit forboring prose or studentapathy.) Writeyour Love ditty hereand place it inBox 4Bv 512 and watch for it in theFebruary 12thOpinion Valentine'sDay issue. k__ ___________________________J 10 The Opinion February 3,1993 i:oitt*c){> ?AT T.QQi ,t ftJitnuV'i j ofEmployeeRelations for New YorkState. Any questions concerning the GSA orbargaining issue concerns can beaddressed to the GSA President, CarlMontgomery in Room 31OD ofthe StudentUnion Building or at(716)882-7103. 1992'sTen MostWanted byJoseph Belluck 1992wasanothernotableyear forcorporate criminals. Numerous examplesofcorpo- serious human rights violations, including Turkey, Kenya, Guatemala,Morocco, Indonesiaand Nigeria. 6)DuPont,for being thelargest single emitterofhazardous waste intheUnited States, releasing more than one million pounds of toxins daily. 7) GeneralElectric, for diverting millions ofdollarsofU.S.militaryaid intended for Israel. In July, GEpleaded guilty andrepaid $59.5 millionto the U.S. Treasury, as well as a $9.5million fine. 8) TIE. Burger King, forviolationsof childlabor laws. In November, BK agreed to pay the largest civilpenalty in the history of childlaborlaw.apaltry $500,000. TheOrangeJuicelndustry,especially ProctorandGamble's CitrusHill,forcontinuing to useindentured servants on theirfarms. 9)American Tort Reform Association, for lobbying against legislation to restrict the use of secrecy orders in state and federal rate misbehavior and misdeeds underscorethe growingenvironmental,healthand safetyproblems createdby irresponsible andunaccountable corporations. Many ofthese corporate crimes can be attributed to the policies of Presidents Reagan andBush, who werededicated to allowing corporate lawbreakers to double as corporate lawmakers.Here' s a summary of1992'sTenMostWanted' 1)General Motors,formanufacturing and marketing pickup trucks withexplosive gastanks thathave alreadyresulted inover300 deaths. While safety may now be part ofthe marketing vocabulary ofauto companies,GM demonstrated that the car industry has learned very little sinceFord marketed the Pinto. 2) TIE. Time Warner/Whittle Communications, forcommercializing education by producing and promoting Channel One. In tort litigation. 10)TheToy Industry, forignoring fedexchange forreceiving free television equiperal safetyregulations and manufacturing unment, cash-strapped schools contract to exsafe toys thatresulted in 31 deathsand 130,470 pose school children to Channel One's programming,including commercials foravariemergencyroom visits. A special honorable mentiongoes to the ety ofjunkfoodand otherproducts. Among the provisions ofWhittle's contracts are clauses 3rd U.S. Circuit of Court of Appeals in thatrequire itsprogramming to be shown in Philadelphia, forforcing JudgeH.Lee Sarokin every classroom and prohibit individual teachoffacigaretteliability trial over whichhe was ersfrom turning offthe teleyision. presiding. Sarokin, whohad Written discovery McDonald's.lnBoulder, Colorado,two ordersthat brokethe tobacco industry's veilof nutritional schoollunch programswerejunked secrecy, wasremoved forthe' 'appearance of in favorofonesrunby McDonald's. Because impropriety.'' Upon learning ofhisremoval. the McDonald's meals don't qualify for the Sarokin stated I fearforthe independence of National SchoolLunch Program, low-income the judiciary." studentscanno longerreceive freeorreduced1993hasalreadypickedupwhere 1992 costmeals. Instead,McDonald'sallows those left off. So far this year, a major oU spill has studentswhowerepreviouslyreceiving finan- contaminatedthe environment in Scotlandand cialaid to staffits McCafeteria. In exchange theEnvironmental ProtectionAgency hasrefor theirwork,the studentsreceive food vouchleased areport labeling second-hand tobacco ers. For recreating OliverTwist, McDonald's smokeacarcinogen. deserves to be onthe ten most wanted. One wouldlike to thinkthatthe ClintonGoreAdministration willrein vigorate thefed3) Chevron, for polluting the atmosphere in California. In 1992,Chevron pleaded eralregulatory apparatus by putting thereguguilty to 65 Clean Water Act violations and latory cop back on the corporate beat Unfortuwas ordered to pay $6.5 million in criminal nately, anumber ofhisCabinet nominees come fines and $1.5 million in civil fines. fromcorporate backgrounds thatreflectawill4) Martin-Marietta, forpunishing an ingness to defend corporate misconduct and employee for voicing concerns about health help corporations evade justice. Hopefully, and safety issues at a company-run facility in Clinton will beable to say no to his corporate campaign contributorsand put the protection OakRidge, Tennessee. a ofworkers, consumersand die environmental 5) Hill and Knowlton, public relafor over $ 14million the top ofhis list of priorities. tionscompany, accepting from ten foreign countries associated with �The Docket sdfsdfsdf BLSA Events What: Bowl-a-Thon When: February 9,1993 Where: Time: TransitLanes 6 to 8 PM What: When: Where: Time: What: What: BlackHistory Video Series When: February 11,1993 Where: Room To be Announced Time: 6 PM (note: The Series continues on February 18and February 25) What: When: Where: Time: What: When: Where: Time: BarReview Preview Series-Torts Saturday, February 6,1993 Room 106,O'Brian Hall 9:30 AM Discussion- Legacy of Brown v. Board ofEducation February 12,1993 Clinton Hall Lobby 7 PM When: Where: Time: What: When: Where: Time: What: LALSA Meeting February 4,1992 Room to beAnnounced 5:30 PM When: Where: Time: University at Buffalo Black Law Student Association What: Presents "An African-American Cultural Who: Food Festival" When: Featuring Various African-American Delicacies Where: Time: Cajun—Caribbean—SoulFood Cajun-Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Time: 11:30am Place: The Spine (across from Law Library) When: Every Wednesday in February Plates are $2.00 Prison TaskForce- Mandatorymeeting Will discuss Atticaand Albion Prisons February 4, 1993 First Floor lounge, O'Brian Hall 4 PM BELS Speaker- BruceKershner from Great Lakes United speaking on the proposal to allow logging in Allegheny State Park February 4,1993 Room 108, O'Brian Hall 2:30 PM Presentation- Non Traditional Careers for Lawyers, Part 2. Featuring speakers from NY State Division ofHuman Rights, SUNY Buffalo Student Affairs, and National Fuel Gas. Tuesday,February 16,1993 Room 108 JohnLord O'Brian Hall 5-6 PM The Impact ofthe North-American Free Trade Agreement (NAFTA) on Western New York Jobs James Duncan, Director, United Auto Workers (UAW) / New York State Community Action Program Council Tuesday,February 16that 2:00 p.m. Presented by theLabor and Employment Law Association TBA (probably the Faculty Lounge Room #524) 2:OOPM The Opinion Publication Schedule Spring 1993Semester(revised) Issue V0L33,#9 V0L33,#10 V0L33,#1l V0L33,#12 Day V0L33,#13 V0L33,#14 V0L33,#15 V0L33,#16 Big Three Offer Free Bar Review Lectures "Live" Thethree majorbarreview sponsors, Bar/Bri,Marino,and Pieper haveagreed lectures similar to the ones used in theregular fulllength course, with the bonus that the majority of this program will feature live lectures, not tapes. These programwill befromfour to sixhours and will occur on sue Saturdays during thefirst halfofthe spring semester. The schedule is as follows: to provide substantivebar review SUBJECT Corporations Torts Sales Domestic Relations Contracts Real Property DATE January 30,1993 February 6,1993 February 13,1993 February 20,1993 February 27,1993 March 6,1993 SPONSOR Bar/Bri Bar/Bri Pieper Marino Pieper Marino *Submission Deadline PyMcMfon 1/15 1/29 2/05 1/19 2/02 2/09 Valentine's 2/15 3/02 3/16 3/30 4/20 2/11 2/26 3/12 3/26 4/16 �DEADLINES The deadlinefor submissions for eachissue shall be noon oftheFriday prior to publication. SUBMISSIONS All submission mustbe incomputerform, i.e., written onto an IBM disk(eitiier program1 whichThe Opinion system canread. Please ineludeaprinted hard-copy ofthe submission withthe file name clearly indicated at the top of die fust page. Ifyou cannot provide your submission incomputer form, please submit it at least one dayearlier,typed orneady written,sothat it can be typed into the computer. Ifyou wish to submit a flyer, please indicate on the flyer thatitis Republication inThe Opinion. 1 Ifyoudo not have the abovelisted wordprocessing programs, please contact any member oftheEditorial Boardregarding an alternative. February 3,1993 TheOpinion 11 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE FRIDAY, FEBRUARY 12 OFFICIAL FILING DEADLINE FOR MARCH 12th MPRE SUNDAY, FEBRUARY 28 Lecture: Room: Time: Tuition: MPRE (VIDEOTAPE LECTURE) Presented by Stanley D. Chess 106 10AM-2PM Free for BAR/BRI enrollees ($75 payment required TUESDAY, MARCH 16 NOTE: - fully credited toward tuition 1) 1993 BOOK DISTRIBUTION BEGINS (Additional distribution days to be announced) 2) CLASS OF '93 - N.Y. DISCOUNT ENDS - $150 ($75 April 14) discount until CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14 - WEDNESDAY, APRIL 14 LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS WEDNESDAY, MAY 19 NEW YORK COURSE BEGINS AT LIVE LOCATION TUESDAY, MAY 25 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 FILING DEADLINE FOR JULY 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/943d4fbd748d3076ba8b0606836c682b.pdf 399dbef1f9e07eb24e98d7736b4b0c7e PDF Text Text O THE PINION olume 33, No. 11 STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 10,1993 I Just Wanted You To Know Ode to the Lonely on Valentine's Day© by Saultan H. Baptiste, it was cold on To the one that is separatedfrom a love by distance, Andallmemory oftogetherness/ails to span the miles withinyourheart. ManagingEditor^ patience to make ascarf. Monday morning as I headed offto school, so I grabbed a scarf andraced outthe door. As I wrapped the woolen scarfaround my neck, I noticedthe warmthbegin to grow To the one who has lost a love to the shadow oflife, tits Andthevault ofyour mindfeels barren bythepain thatsuch loveis never to be sharedagain. thickness. Thebrisk mornair ing greetedme and I wasn't looking forward to another haggard weekof'rush to dothis'" and' 'rush to do that." Butunexpectedlythewindflared up andmy scarf, havingbecome unraveled, flew frommy neckand headed for a large puddle which had formed during last night's rain. I quickly stretched out my arm, unfurled my palm, and snatchedthe scarf- barelyavoiding a clearly destined To the one who has yet tofind true love, Andhassearchedthe depthsof time, but has not embracedthe words "ILove You." To the one who has loved, Andhas recently felt the wounds of love lost. mess. Et as I held my red scarf, I noticed the intricate fthe wool andthe quality ofthe fabric. Time notionless and imagesofchildren playing in the fall leaves and the sounds ofswings echoed in my mind. I recalled an elderly woman who often sat in the park She always carriedabig ball ofyarnand when asked, sh i say she was knitting a scarf for her youn To the one who is bound to another, Andyet there is no love. f" Stay strongfor the love you possess is within andis worthy of Iremember for weeics and weeks shewouldbrin the same yarn and I would watch her artfulness with celebration. Why notjustbuy one? Today, I know she did it for love. Then I looked at the scarfyou made for me. I have always appreciated it but, for some reason, every weave, perfect or imperfect, had a richness of love. I thought it rather strange,at first, io think that my girlfriend would knit a scarf, butnowI understand that you wanted passion in your to feel thelabor of handsandthe your me heart with each weave. I wore it during the coldest mornings and no matterthe temperature on my way to school, yourscarf always kept me the warmest. But during the summer months, it was hidden in my closetunderunused coats and sweaters and I really didn't notice it again until that day. just wanted you to know tnat 1 will always eciate every stitch oflove you have woven into my You have made my lifericher and my heart fuller. And no matterhow long I live, I shall keep thatredwool scarf. Nomatterhowworn ordiscoloreditmay become over the nextfew decadeswhich I hope my life shall last, I will always wear it because it will always keep me warm with thelove thatyou have for me. No one will everreplaceyou. I just wanted you toknow. " »I those long blueneedlesand her fingers whirling around a solitary strand ofthread. At the age of twelve, I al- / ways wonderedwhy ittook so long and how she had the by TracyDale Sammarco, Features Editor Stay strongforyou are love. — Saultan Lawyers in Love: NOT! An Undefineable Word byNatalie A. Lesh With Valentine's Day closing in, the word "love" willlikely be bantered , about with 'love" is easy thecontextofthis"boliday,"themeaningoftheword heightened frequency. In to ofexpressinganinfinite to define. Yet, whenitcomesright down it,this singlewordis capable numberofdifferent feelings. Consequently, whenthewordisused, itis not uncommon to find that miscommunication has occurred withrespect to what meaningwas intended. Margaret Atwood has suggested that our language is ill-equipped to deal with the expressionofthemyriad types oflove. Shehaswritten: "TheEskimoshavefifty-eightwords for snow, because itis important to them. There should be at least that many for 10ve...'* The following sentences serve to illustrate the point: I love you. (1) (parent to child) love (2) you. (friend to friend) I (lover to lover) I love you. (3) love pizza. I (4) I love people. (5) Atfirstglance, itwould seemthat"love" means thesamething ineach ofthese sentences. But thatwould mean that the love a parent feels for a child isthe samelove a friend feels for another friend, lovers feel foreach other,a person feelsabout aninanimate object, and a person feels about a general group ofpeople. Certainly this is not the case. The love between a parent and a child, and to a lesser extent the love between family members, can be described as a feeling ofwarm personal attacliment or deepaffection based uponkinship or familial ties. The love between friends can similarly be described as a strong affection, butonebased uponadmiration, benevolence, orcommon and shared interests. The lovebetween two lovers encompasses all oftheabovefeelings, but additionally includeswhat may be described as a prof< rnndly tenderand passionateaflection based upon physicalattraction and sexual desire. The love insentences (4)and(5) doesnot reach (helevel oflove in thefirstthree sentences: Word, continuedonpage 4 .. I suppose lawyers and law students can be in love, but certainly not two or more in the context of just onerelationship. This isa dangerous thing. (Ifyou 'II justimagine somethingakin to two pit bulls mating Ithink you 'Uget mypoint) Howmany ofyou haveNOTdateda lawyer orafellow lawstudent? Raiseyour handsplease. Those twopeople deserve to graduateearly, cause they're way ahead ofthe rest ofus. Why not date a law student or lawyer? Consider these drawbacks: 1. Lawyers like tocall in expertwitnesses. Generally speaking, thesewitnessestend my motherand sistersabout thatlittle stunt you pulled Friday night and they think you're adog.") 2. Lawyers analyze, scrutinize and read into every little thing their partners do. ("Why are you looking at melike that? Why are you looking at me like that?") 3. Lawyers employ "THE VOICE" to strike terror into the hearts oftheir partner/ defendants. ("WHERE WERE YOU AT APPROXIMATELY FOUR A.M. SUNDAYMORNING,MS. SMITH?") 4. Lawyers badger their witnesses. ("Ohyeah,youclown? Well two minutesreally ISN'T enough forme; I LIED!") 5. Lawyersknowaboutpre-uuptualagreements. 6. Lawyers wear suits,which might make sex in the hatch ofyour2BoZmuch more difficult. 7. Lawyers won'tjustlety on keep theirjunkwhenyou break up. You' U have to give back the toaster and words like "replevin" will foreverecho in yourears. 8. You'lllook back on allthose late nights that (s)he spent''at the officeand know the true meaning of*'attorney-client privelege.'' 9. DISCOVERY. You'llfindyourselfforkingoverallthoseold love letters from that guy/girlyoudatedyour first yearofcollege. Youknow, theoneswiththereferences to your silky, white thighs? Remember: Whatever (s)he says, there's no special section in the FRCP compelling discovery of suchthings. 10. LawyersintrixlucetlieadversarysystemintotliebednHMn. ("Objection! Opposing counsel always gels to be on top.") to be hostile. ("I asked �Love Blurbs! ell OPINION Volume 33 No. 11 February 10, 1993 Editor-in-Chief: Vito A. Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: GarySimpson Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant, Natalie Lesh Contributors: Marjory Avant - Editorial The Love Blurbs throughout this issue say it all. HappyValentine's Day! Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited without the express consentof theEditors. The Opinion is published every two weeks during theFall and Spring semesters. It is the student newspaper of the State University ofNew York at Buffalo School of Law. The views expressed in this paper are not necessarily those of theEditors or Staff ofThe Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determined by the Editors. The Opinion is funded by the SBA from Student Law Fees. The Opinion welcomes letters to theeditorbut reserves the right to edit forlength and libelous content Letters longer than three typed double spaced pages will be edited for length. Please do not put anything you wishprinted under our office door. Submissions canbe sentvia Campus or United States Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716) 645-2146 or placed in law school mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. A poem forChris M: Fisherman, Fisherman; How many dames on your line; Can't seem to catch one; So all you do is whine IRV, We'dlove to have youanchor our drinking team any time. The Outsiders Check 'em out, check 'emout, check 'em out, check 'em out Rule the beat, we're gonnarock the house - The diabolical Hey Vito- Slap, Slap, Slap!! - Number 5 Reason whyLouis Higgins is so great: He makes the rest ofus look sane (not to mention reserved! ) JoeK. Be my sweet daddy. Love, George. To all the Girls I loved when my old lady was away. Love, M. Meyers On this special ' '••* £0? day I only want Shitaki mushroomsand liver! - Number 4- He'sreally sick ofthe word "primacy." -Tempted by the fruitofanother, that'smy theme song. ..SL -Well I guess that's an o.k. theme song, if you gotta have a theme song!!!... TG OhE-Ball,Iloveyouso! -CVG Love -Habib Here's to old shoes, Natalie you're a perfect size 10 (big feet get it) + that's my size Love, Eric 2 GiWe o«<A CarolineEl Gringo 61 Love, Da Boys - ir al cine' este Sabado? B.K. Three years hereand the Q Train is coming to a stop and you're still going to class and doing homework??? Da boy s want to know, what's up witdat?' '; .�-•. * '"The Don"- What are you doing next Halloween? -800 Know Who! ' - From all the goodlooking law school women,viamyself, to you: What? Are you selling something? Hey Louis- How do youbecome a member ofthe "He-Man Woman Haters Club" ? - D.B.- This one was for free, so whynot? I loveyou. -Forever Box 806-1 love you. Happy Valentine's Day. -BoxBos JeffM- How about thepants next time; don'tthinkthe back ofthe classroom has seen enough to make an accurate assessment yet. Sharon-Do youremember the time youwere sleeping in the library? You were snoring. JP - Leshan- What is it you do in there all day? Can we join you? -TheYoots 7? A February 10,1993 - , Number Not "gettin any" doesn'tmake him stop talking to you. Remla- Don't ever cut your hair or I will lose all my strength.- S. Soap for sale. -BG JH-The library is for studying, not boinking. Wanted-SWFnon-LS. JuneCleaveroulof bed, Sharon Stone in. For two week relationship. Andrew Sabol you are luscious! goodguy! Huggs,kisses, warm fizzie s and goodwishes to all instructors whosegrades are posted. DearJen-1love torun my pawsthrough your hairand lick you salty skin. You'repurrfeet for me-Bemine! Jasper Mo'! Mo'! GimmeMoM Oh,lneedMo' Moe! Studmuffin- Does this mean I missed my chance? -Youknow who Spanky - AndFinally, Number 1 He'saBarr,Barry I may not be a lawyer yet.. But I can still getyouoflfl To Hillary- How doyou feel about edible underwear?-W.J. Blazer, whatbig eyes you have Blazer, what a big mouth you have Blazer,whoare youkidding weknow what you'rereally hiding. F.D.-You hot Latin Lover! Let's Salsa! Your Secret Admirer - To the brown haired, tall,thin law student on the thirdfloor. I fyou are looking at me too, please say "Hi". -Blond, curly haired undergrad. D.S. your everlasting support, friendship and love has made this the best 3 years! Love,L.W. Barbara-Sorry I missed your party. Perhaps wecan do lunch some time.-Friend ofBitsy ButlerMe Baby! The Opinion - Toall 3rd years- Whatdo you guys do at night and on weekends? L-1 love you! I always will! -L Paul Z-1 love you ill I 1 Girth: You left before I couldspank you, younaughtygirl. I'llgetyouyetthough! Luv, Helmet Number Son pain,c'estbon pour Nicole! (Right, Hubbs?) To Liver: Love and Kisses BO Pop! Besamemucho! Love, U know who I Eric H- Please call me. -Love, Mindy - -.! -YourPrince - YourFurry Mongolian Love Puppet I love you girdle JohnKelly- You've mademe hotfrom day one, Please won'tyou bemine! Loveand Kisses, B.L. APPLAUSE! - XT -1 wuvyou E-Small Excuse me, butisthata girdle you're wearing?- Just asking. - Selena- What was the name ofthat shamTo all those with significant others: Those whoare faithful know only the trivial side of poo?-8.8. love: it is the faithless whoknow love's MM- Beautiful Iris lassie I'll always love tragedies. O.W. you fromafar. Youmake my Gaelic heart gopitterpat.-FERGUS Dave Chien- You are truly amazing -1 will alwaysloveyou! -Buttons Charlie- Have I gota surpriseforyou. -Love, CB- Younevercall anymore. -You Know D.I. Who Dill- Is thata pack ofCerts, orare you just Wanted: A comb and curlers for those in glad to seeme? -FERGUS need Starting w/Me! -Keep it light & Be Karl- Congrats,how aboutdoing something easy!M this weekend? CG-Hypothetically speaking, what ifhe Chico- We'llmiss U. -ISA was stillan undergrad BUT he was 46, not 16.-Curious Lisa Schwartz: I love you! I'll shout itfrom the mountain, I'll yell it from the valley, I'll Dear Scott & Scott Heardyou guys wentat it?! Need a tell it to all the gossip queens and kings. I'll even print it in thelaw school newspaper. third? Let everyoneknow that I love and cherish U.B.ChapofNAMBLA Lisa Schwartz, and I am very proud that you YODA -1WILL ALWAYS LOVE YOU. are my girlfriend. I love you!!! Dan Harris -MOONMANTo " Daisy - How long to keep my hand on ~\ To the winnerofthe whereyou keep your mail - always! From MostBeautiful Woman at ÜBLaw Contest: your " Heavy Breather on thePhone. *' Please call me. I would like to see you P.L.-Don'trunaway!-M.G. again - but next timelet me bring the toys. To my favorite cook-Thank you fora wonderful time. Don't forget to take out the garbage... thatyou'reone ofthe good ones... and me. Especially me. Loveya,Nifer Hubba-Dude, Being married to youislike heaven on earth! Iloveyou! Yoursnufflewife-a-gus Adeline- Youhave donemoreforourlaw school thanall the education in the world!!! Proscatinating Profs- We'reburning, butnot with passion. Ourangererupts! The longer we wait the hotter we get. Give us our gradesbeforeweblow! - Burning up in O'Brian. - Flipper Life is a dream. Since we met, everyhour with you feels like a second; every hour withoutfeels like an eternity. I hope I never wake up. I loveyou more than youcan imagine. -Hat Happy Valentine's Day. Mega - Hunter llubba-Dude! Luv.Me - �Who will be mySaturday love? Marianne G.- Timing is the essence ofall problems Don'tyou think? - Thelady- AlrightMon-Amie Who knows what tomorrow brings? But fornow,letour love remain forever. Love always & forever Smile - Squeeze me- Do you prefer salted or simply sweet? -Butter Biiiky- Any woman who drinks morediet coke than me is the woman I want for a wife. - Squid The making oflife intoa majestic wonderful pagentry isthe workoflove. In your hands lay thekey. Won'tyoujoin me in openingthis treasure. -Chief Shirley S.-Whenare you going to wear that tight black dress again? Nostalgic Janusz-When will we share precious moments? Elena A.R.-It'sgoingtobeo.k. J.P.-There is no such thing as a good influence. Because to influence a person is to give him one's own soul. He does not think hisnatural thoughts, or burn with his natural passions. His virtues are not real to him. His sins, if there are such things as sins,are borrowed. -O.W. Rob S- What's your next excuse? Just Do it! Post those grades. -O.L. ToBillT: "You are such a turn on!" S.A.-1 think I love you! Then what am Iso afraid of? I'm afraid lam not sure oflove there is no cure for. The Hillel Girl Steve B.- With red hair in Tax II: I think you're so hot. From the guy in the back row. P.S. meet me in the library. Sheila-1 loveyou always & forever withall my heart-IHEI-V.G. Eric DLV Section 3- Sorry I'm sucha weirdo. Happy Valentine's Day. S. #3-Thanks for being there. Foreveryour TOPIOREASONSFORNOTSENDING VALENTINES IN LAW SCHOOL: 1) Thestudmuffin is already taken. 2)1 want to marry a doctor. 3) Can' tput them inluidergrad boxes. 4) It's easier to justply them withbeer. s)Didn'tknowhow-noß&Wduring first semester. 6) Mightbe prohibited by faculty statement. 7)That'show Clarence Thomas started. 8) To whom? 9) Headnotesare as closeas wecome to fooling around. 10)WestPublishing doesn'tdo cards. HappyValentine's Day Bridget- Haven'tseenyoumuchthis semester! Lighten up! Your other secret Binky-Justsoyouknow... eventhough you'll admirer never feel that way about me... I'll always 3rdyear Asian Law Student- looking for thinkthat you're the most special person I incorrect female law student for politically love. D.Q. long Valentine's dayride in my BMW To D.J. The check is in the mail and I love Master Scan- Visions ofdripping hotwax you too. TheBank obsess our daytimethoughts and nighttime fantasies. Witches ofEastwick Matthew- why don'tyoureturn my phone calls? J.C. I'd like to have a pretty girl to be my or a goodjobcome May, but this Valentine Mickey D.- you think I have not noticed you, law school provides neither... Whatcan I but you are mistaken. Don't beafraid to say say'?! • gfc hi. Amorous Asian - - TDS-Iloveyou.-CPR Sue Z- Yourbeautymakes me blush. Thanks for being my friend. M. Karl "the Fed" Query- why didyou wed? I do dread that I can't have you alone in my bed. Hey Button- Yourdarkbrown Latin eyes ignite my soul Y. - The graduation assassin ismy cutie pie,and your... I honor him on Valentine's Day withthe dollar bills in his mouth at the Canadian ballet. Love, the Chenster Lil Sfinkter you are, in your west german car, I love to watchyou from afar!! hugs and kisses... Fromyour Sugar Daddy Pebbles-1 love being your cave man. Let's get primal! Love, Barn-Barn. - Tracy S-1 hopeyou're notcensoring these love Blurbs too heavily. BobG. Hey! I want toride your fence sterstock. Bob- What's to censor???? We've seen worsefromyouonyourmostPCdays. -T Pablo- Tell me you have another fantasy...and this time I'll keep my boots on. To all those with teeny weeny sub-pee-nees in Debtor/Creditor- isn't it nice to know professors have deficienciesalso? MN- You're so special to me, youmake me wantto eatmeat again. -M Guess Who? C- Go get a wholelotta ice and I' 11 show you a nifty trick. -T - -- If you can't find a Valentine at ÜB, you'll never find one atU or C. Why? Because of little S-0 Dear Mr.' 'Kalahari Beige Quantum Your radio sounds great! Call me ifyou wantto listen to it Fatally Attracted T - Charmagne- you' re the bestdamnemploy cc in thislaw school. Be my Valentine!! N \^J TOP 10REASONS FOR SENDING VALENTINES IN LAWSCHOOL: 10) The Dudes 9) Beats sending Valentines in prison. 8) Students withromance intheirhearts get"H"s. 7) Better chance for sex with Valentines thanwithout. 6) That's how Clarence Thomas got started. Vito, Saultan, Michael,Kevin, Gary, Paul and Bill: Justcurious-when is the 1993 MenO (The Opinion Calendar finally going to come out and which one ofyou is Mr. February? -T. Loveand gratitude to Prof. Filvaroffwho posted his grades promptly and a big raspberry to Berger, Steinfeld and Swartzwhoshouldhaveand didn't. From Section 3. 5) TheBabes. 4) Creating good feelings makes net- working easier. 3) Keeps the OPINION staffbusy. 2) Readingotherpeople'sValentinesis obscenely fun. 1) They appeal to the prurient interest. Moe- Will you be my mud wrestling partner on Valentines Day? Love- All the girls Colleen- Single WhiteFemale wasn't justa movie for me. Beware! -Stephanie HappyValentine's Day Karen- Schussing isnice, but what are we going to do when the weather gets better? P. Srikant, I know you'rea thirdyear. I know they call you Chico. I'd like to know more. Ist yearadmirer. Charlie, my big fortune cookie. You can open me up anytime. Secretaadmirer. J.K.- The only way to getrid ofa temptation is to yield to it. -O.W. Katie-Buffalo's loss. Rochester's gain. - Christina, I can gofor hours unlike those law students.-Scooter ~ • Upon your exit, I'll feel the pain. The Last BarRevue member Selena- Glad to seeyou've gotten outof yourPinocchio outfit. -J.A. S.C.- When we dancedto' 'JustLike Heaven" it felt justlike heaven. P. Dearest Pita- Chico- I'm sure I speak for all thelaw schoolwomen whenl say,' 'I wantyou Mournful isthe heart which never feels what I do every time we touch. Madeline- Love Ya. Marc Kristin- We must dance again sometime soon! -TheMamboKingbad." -BT -I love you. r VALTIHCNERYS HANGIN' 1 Stu A.- yourdreamy blue eyesand quick comic witmake my toes tingle. R. J. J.A.- Hotunicorn nights,lover's fights, moments ofpassion, bodies a mashiu'. K.S. Secretive Stu- When thebeer starts to flow your lust it doesgrow Notas faras weknow S.B.- Nothing makes me hotter than a man withhis very own fax machine. Young men wantto befaithful and are not, old men wantto be faithless and cannot. O.W. Hey Doodles-1 loveyou! Happy Valentine's Day. LoveChama Chandy, Chandy. Sweetas candy. Chiqui Baby- You always smell so delicious I'dliketo...sitnexttoyou... forever. Love a believer in Aromatherapy Saucy- Oh-Can-Doo: Will yoube my Valentine? —Zorro February 10,1993 The Opinion 3 �Bob- Youchampion fly swatter, I wishyou used yourenergy on something elsethat night-CG Long Schlong J.-Howdidyougetthat nickname? -SS Stu- I'm not Kosher, but you can eatme anytime. -SB Scooter- You're so sexy whenyou talkabout politics. -Christina Jamal-1think you're hot. -The womanwho smiles at you in the halls ofO'Brian. Stephanie-Thank godyoucolored yourhair red. It was getting scary for a while. Colleen - Chico- Will you be my sex slave? All you have to lose is your virginity. -BT Shirley-One word: svelte! Now quitthis whineand dietroutine and start going out Lisa- May I have a tissue please? -Steve Sue S.- Yourhair, your smile,forthose I lust I love you like an H, or at least aQplus. -Dave Dear 8.M.-We like, we like, we like! -The BabeConsortium - Tim S. When are you gonnacome see me again big guy? GODUKE -Love, Christian DearT.S.- Honey, yes, yes, yes, we approve. -TheBabe Consortium - Sue The weather is here I wish you were beautiful. DearO.D.- Bring thatattitude and thatbaby face to ourtemple oflove. -The Babe Consortium Christina-1 can never go intoPJ Bottoms again without shedding a tear. -Scooter I could never go into PJ Bottoms in the first place. Dawn-You're the sexiest secretary in O'Brian.-KC Charlie- Will you give up Onanism for me? LG TOP TEN REASONS TO DATE AN UNDERG RAD: 10. They think "Learned Hand" is a typeofforeplay. , 9. They rcwillingtoaddressusas"sir" or "ma'am". 8. P.J.s is fine dining. 7. They don't screamwhenyouspank them. 6. Cantrainthemwhilethey'reyoung. 5. To viewthe newest in fake I.D.s. 4. Easy to impress with our limited knowledge ofthe law. 3. No cellulite. 2. Scooter, Scooterand more Scooter. 1. Ask alaw studentwho isdating one. Happy Valentine's Day James- The search for truthbegins within our own hearts. The speed and success of Chrissie-1' 11buy youdiamonds, gold, expensive cars. I'll do anything to getyou back. -Joe DearTMD-You are fabulous! Happy Valentines Day. -AX Jeff-Let'skiss and make up. -Schlegal - Dear M.T. That love machine will not last forever. -The Babe Consortium - that search can be measured by the freedom from pomposity ofmalice that lies there. I know within my heart thatyour search would be quite expeditious. Fondly, Drew , - Mark S. We're planning on having another party real soon and we wantto know ifyou can make out, Whoops... wemean make it? -Love, Scaryanne and CVG P.S. Pleasehaveyourgirlfriendpickyouup a little later this time. Sue S. If you let me edit your article, I'll let you check my cites. -JF ROCK THROWING CONTEST4:OOp.m. Today -CONTACT- 3L JamalA. DearestCar la- I've been goingaround in circles trying to tell people how cool UR! -Loveya Chico Susie S! -Those burning glances,those yearning sighs, those milky thighs... Oh cruel temptress you invademy soul! On this day let us taste the passion that for too long we've denied... -LordKouros Drew, I'm a pretty lowkey kind ofguy,butI justwantyoutoknow thatwhereverwe wind up, we'llbetogether! -Love Always, James PCharming- Wereally must follow through withyour F AULOUS idea before the snow melts. Thank you for making me smile. CG-Real women don'tride scooters. Dozer- Paris?!? Can I pay offmyloans first? Erin- Short skirtsand a big smile. You slay and youknow it. I'll justlust from afar. Michael D- Better buy Stu that pitcher cuz itain'thappening. Joey-ThanksforbeingoneoftheGood Guys,for givingme my spot, and for everythingyouputupwithinbetween! -S. Unknown contortionist- I've heardyou can put bothlegs behind yourhead. I'd love to seeyour next performance. I'll bewatching you. -Love, YourUnknown Admirer Jamal- I wouldleave Michael Stipe 4U anytime. -Natalie Merchant Leshan- We need to takea trip to the Orient -Madam Wu Tai Babalonia- Let's just forget this whole skating ideaand hit the showers. -Randy Gardner TOP TEN REASONS WINTER BUFFALO IS GOOD: IN 10. Body heatinstead ofartificial heal. 9. Bundled up, all womenlook big. 8. Can watch theBills preparefor another Superbowl loss. 7. Scooter, Scooter, andmoreScooter. 6. Pro-lifters stay inside. 5. Charlie covers his head. 4. Gloveshidemarksleftbytighthandcuffs. 3. Allowed to keepyour socks on duringsex. 2. Alan covers his legs. 1 Edible flannel underwear. . HappyValentine's Day with respect to the love for a thing, it may be characterized as a strong predilection or liking, and with respect to the love for a general category ofpeople,as an affectionate concern for the well-being of those in that category. Itmay be that all ofthis is just splitting hairs—that the different meanings ofthe word , '' love ' are not so exclusive and distinct as to besigni(leant Thatis, when s<imeone usesthe word "love" to express how they feel about someone or something, that person can be assured ofthe fact that her general meaning 4 nately, however, the practical reality of the situation is that it is an extremely difficult process to change the usage ofa wordand to commence the usage of a new word. This process is only further complicated by the ex istence ofw< >rds which frequently are used The Opinion February 10,1993 Illion N. Y. 3Lmale withjoblooking for arrangned marriage or mailorder bridge; will consider law school siblings. Leave info in library bathroom 3rd floor. Dan Marcus- Youmake ourhearts go BOOM, BOOM, BOOMand ourfeetgo CHA, CHA.CHA.- yourapplauding fans Tim andWendy- HEY, GET A ROOM! Preferably not one in the library, -the Clique My dearYoung Man, warmme gently with your kisses... Fill my dreams withyour tender touch... Take my love and hold it closely toyour warm embracing heart... Your YoungLady Shirley- Please stop teasing me, my loins areonflre!-MCP This is to my main man Kenny Parker... can't get no darker. -The Biz G.R.-IYabbaDabbaDo! -Luv.Me - Eric H. If the phone doesntring its me. Love,Mindy MadDog! MadDog! Fetch itMerlin! PaulD.-1 justwanted to thank you for keeping my musicalive. -Leadbelly CELINE-CHICETA No profile could ever cathch the real you! ButWEknow WHICH one WELIKE the MOST! Could you turn alittle bit.... Love theINmates ofGROVEL-L Playpen Marissa- Why do youkeep Artwhen you can have an Artist? C* *\ \^S CHARUELIU- TfflS SOCK'sFOR YOU!!!!" -Good luck in 1993... (from all women everywhere). Eric and Mark-1 didn't knowthat you guys were Irish. -Sharon On theother hand, though, there is nothing detrimentalabout developingamoreaccurate and explicitlanguage to describe therange , ofemotions whichthe word' 'love * presently encompasses. Any enhancementwith respect to people's ability to communicatewith one anotherwouldbeawelcomeeffort. Unfortu- - JoeBelluck WEARE WATCHING YOU -TheFBI CVG-Would you like to go out with mefor a Valentine's Day Dinner? Please, bringa friend. AndyN.- Do youhave any mayonnaise? I'm will beeffectively conveyed andunderstood. Emily, EMILY, eMiLy, HOOCHIE,coochie,COOO I want to smooch withyou; teach me HOW?! -yersteady crazy- To the manwithone sock- Your endurance is amazing. Can I test it again? -The woman with the jumpsuit. Earl- Tudod,hogynagyonszereUek? ...Words YEARBOOKCOMMITTEEis SOLICITING YourNUDE & EXOTIC Photos. Wecan put yourvideos tophotos. (Must be original)! ROCKTHROWING CONTEST 4pm Today Contact 31 Jamal A. continuedfrontpage 1 David Lask YourSUCHa man's man; that's whyI love you most. Dont Forget thenight you "converted(or perverted me) 12/8. XXOOxxxxKisses,Loveßodney Narrations are greatly accepted! Contact 3L Roy Hopkins Kevin C. withthe dandruffproblem- Hope you are enjoying the complementary bottle ofHead & Shoulders dry scalp formula. making a sandwich. -John -SweetyPie- the phoenix arise from itsashes. E.G.V.R. Pam, Stephanie and CVG- Can'twait to spend thatthousand! -Chris -Kati A 21 "Deb"all wrapped in Leather Won'tyou be my SEX pleasure?? AT & HDS, The ABA shall turn to dust and Judge- "It'sawhole new world." again. Selena- Love your jacket, Loveyourvest. Take them off, Let's see the rest. -NotBG To mylearned and leery friend- Your scanty hair piece is a de facto turn-on, but sinceyou are no wkinder, gentler,and engaged, here's a seminal piece of advice. "One must be vigilantofcertain incidents involving exchange ofbody fluids between consensual adults." Do not consider this as a panacea for your angstbut instead as liver pate' for the soul. - Tempus fugit! . Mike, you Latin 3L stud, Youmake everyone soHOT... How come theyrunaway from you?? - Womens Society for SexReform Law School & Marraige In the AGRO-Communities: -HOWTOGETPROPERHOUSING! A Seminar by KarlCzymmeck lust, like, cherish). personal definitions to govern its usage. The Itis possible thatthe problem is not the present uncertainty and confusion would be lack of an explicit language, but rather the multiplied. inability of giving any definition to the word The bottomline, however, is not how a "love at all; each individual attaches a perperson expresses the emotionoflove, butthat sonal definition and feeling to the wordevery everyperson love, for someone or sometimeitis used. In thisvein, it has been said that thing, at some point in their life. Most of the " therecan onlybe onekind oflove, but there well known quotes about love reflect this are a thousand different versions." (La belief, and therefore, in closing, I will again Rochefoucauld, 1613-1680) defer to the eloquent words ofanother:' 'The If this is the case, the creation ofmore story ofa love isnot important—what is imporwords to express the feeling involved in a tant is that one is capable oflove. Itis perhaps certain typeoflove will onlyadd to the confuthe only glimpseweare permitted ofeternity.'' sion. Insteadofclarifyingmeanings, each new (Helenllayes) word would also beassigned individual and � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/10/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/50c00670fa51590bdf4ea42285f52e81.pdf 24d31ad880b3d115cd2c9eb0166a3052 PDF Text Text Volume 33, No. 12 TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Award Winning AuthorVisits Buffalo bySaultan H. Baptiste,ManagingEditorand sold over 100,000 copies in paperback and has W.F. Trezevant, Staff Writer edited a collection of contemporary black There wasstanding-room-only atBuffiction called, Breaking Ice, which was pubfaloState College's Rockwell Hall onWedneslished in 1990. Mcmillan hasbeen actively on day, February 1 Oth. People ofall ages, races the lecture circuit for several months and has andsexeswerepresenttohearoneofAmerican's been interviewed on The Oprah Winfrey Show, newest black authors whohas arisen as a voice The A rsenio HallShowand wasconsidered by for many women ofcolor Terry McMillan. People magazine to be among the 25 Most Althoughwidely readand appreciated by both Intriguing Peopleof 1992. men and women, McMillan's perspective as Her mostrecent novel, Waiting to Exan African-American woman who has survived many personal challenges, has given many women ofcolorafeeling that she speaks to them in her writings withlove, honesty,and humor in a language that theyuniquely understand. McMillan's humorandrelaxed personality was clearly apparent during her speech whichincludedareadingfromherbook, Waiting to Exhale, and thebrief questionand answer period whichfollowed. When thankingthose who support herand buy her books, sheadded, ' 'My motherthanksyoutoo;she's looking for anewßuick." A graduateofUniversityofCalifomiaat Berkeley withaß.A. in Journalism,McMillan is currently a tenured professor ofCreative WritingattheUniversityofArizona. McMillan gainednational attention in 1987 withherfirst novel,Mima,forwhichshereceived anAmerican Book Award from the Before Columbus Foundation. Since then, shehaspublished her second novel in 1989,Disappearing Acts which has - hale, which was published in 1992, has won criticalacclaimand has beenonthe New York Times Best Seller's List for thirty one weeks. The paperback rights to Waiting to Exhale were soldforarecords2.64 million dollars. Waiting to Exhale reveals the lives of four African-American women, their unsuccessful experiences with men, and how they support eachother through theirsearch forlove. Often accused of male bashing, McMillan feels that Waiting to Exhale is not onlyabout relationships betweenmenand women.'' It is about women, and children and family. It is aboutparents, growingold, selfesteem, professional frustration and trying to hold all the piecesofyourlifetogetherwhenreality keeps tugg ing at theends. It isalso about the relationshipsbetween menandwomen - thecross wires ofcommunicationand theproblemswomen go through to find someone to live their lives with." When questioned by a member ofthe February 15,1993 UB Law to Honor Mugel "Avoiding Disaster: What All LawyersShouldKnowAboutßankruptcy Law to ProtectTheir Clients'' will be the topic discussed by a panel oflegal experts at the 17thannual UBLawAlumni Convocation. Themoming-long symposium willbeg in atB:3Oa.m. on Saturday, March6, at the Center ForTomorrow on audience as to why herbook only portrayed black men as' 'dysfunctional' '.McMillancom- mented that she,as an African-American femaleauthor, is constantly placed in aposition whereshemustdefendherwork.''Themenin mybookare justcharacters. This isfiction and fictionisaboutconflictandtension. Hopefully my readers are smart enough to realize that these characters donotreflect thewhole black race. Although similarsituations have been Author, continued onpage 3 Tragedy Strikes Both Sides of Conflict Human Editor-in-Chief theUß North (Amherst) campus. TheLaw AlumniAssociation has invited all law students to attend the morning program freeofcharge. However, if you want to receive valuable written materials, it is necessary to preregister. Students mustsign up byFeb. 27 inthealumni office-- 318 O'BrianHall so that enough materials can be pre- — pared. by VitoA. Roman, At aluncheon beginning at 12:15 This past summer Joel Sax traveled p.m. immediately following the Convoacross the war-torn countries which made up Albert R. cation, Mugel willreceive the former Yugoslavia documenting the toll the Award Jaeckle for 993. Students who 1 war is taking on thehuman rights ofpeople on and the presenstay want to forlunch all sides ofthe conflict. Sax, a journalistand tation the Jaeckle Award are also of staff member of Peacenet, an international office to the alumni up in invited sign network organized to promote world peace, "scholarship." firm Many for a law discussed his trip and work with the peace area lawfirms buy tablesand have places movement whenhecame to UBLaw this past available for law students. week at thebehestofthe ÜB' s Human Rights Named forUßalumnusEdwinF. Center. His discussion centered on the many of 1915, theaward is the Jaeckle,Class humanrights issues arising out ofthe war. honor the Law School and the highest Saxpurposely visitedthe war-tomcounbestow. It LawAlumni Associationcan try to get first hand accounts of what was to an individual who given annually is happening. Having covered theGulfwar from or herselfand distinguishedhimself has behind a desk in California, he felt that most has made significant contributions to the Americans, including himself, heard little of Law School and to thelegal profession. thehuman suffering endured by the Iraqi people JoelSax explains how the seeds ofthepeace movement have begun to take hold in Europe. Photo: Dan Harris Past recipients include Hon. 100. during that conflict, yetlearned in excruciatCharles S. Desmond, M. RobertKoren, detail of that to the happened US ing anything Basically, Sax explained, peace civilian government service until a quota for Hon. Michael F. Dillon and Manly Asa to troops. peace activist, however, he was movementin war-torn Yugoslaviahas focus those type ofworkers is met. Allremaining among Fleischmann, others. concerned with the human rights ofall inon four areas. First, the peace movementhas CO's must then enter the military, although 1941 oftheLaw Mugel,a graduate to to volved, and thus had to find a way past the try protect individual humanrights forall they are still not forced to beararms. Instead, School, has the Law School taught in This is whathe setoutto affected the war. The people by governmental they deliver draft notices, and, according to officialpropaganda. full timeand time since 1948. both part do withhis visit to the former Yugoslavia. and military policies of each side permitbarSax, have beenknown to ask potentialdraftees he to the Buffalo In helped 1955, found During his trip, Sax spoke to people in baric treatment ofthe' 'enemy," such thatall afterknocking attheirdoors"Areyouhome?." law firm ofJaeckle, Fleischmann, Kelly, cities, towns, and villages in Macedonia, sorts ofhuman rights violationsare condoned Onthe Serb side,much is being made ofthefact ,. Slavonia, Bosnia, Croatia, and Serbia, getting uponthe"other. Furthermore, even when ...Mugel, Continued onpage 6 Tragegy, continued onpage 3 accounts from all sides. What the stories had some policies are prohibited by the governin common was thatthere washumansuffering ment, the military often enforcesits ownrules. everywhere. Ashe put it, "I [was] seeing the For example, while the central Croation gov, humanity oftheformer Yugoslavia ' through ernment permits Serbs to live peaceable within these accounts. Since what most people hear itsborders, somemilitary commanders in the about the con flic t in the news media relates to field continue to treat all Serbs as enemies of 3 Group Spotlight military victories or defeats, Sax explained, the state. people tend to forget the human element inSecondly, the peace movement should 4-5 Editorials and Commentaries volved. To illustrate his point, Sax presented beconcerned with the status ofconscientious , .6 Roaming Photographer. ashort video ofVukovar, aonce thriving city objectors(CO s). Whileeach siderecognizes 7 of86,000 which after a threemonth siege was the status, the military is not always so Docket reduced to burning ruble occupiedbyroughly accommodating. In Croatia, CO's enter into ... HIGHLIGHTS �DO YOURSELF JUSTICE Study with Pieper...and pass. PEEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1-800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �THE BLACKLAW STUDENTS ASSOCIATION byKevin P. Collins, News Editor The Black Law Students Association (BLSA) isa law student group with over 30 student members whose purpose is to aid, fosterand help thelaw school in generaland the minority community in particular. According to the recently released y_ni; versity At Buffalo Law School: 100 Years 1887-1987. byRobert Schaus' 53 and James Arnone '85 (afreecopy ofwhichcanbepicked upin the 3rdfloorLaw School Bookstore), atpp. 180-181,thisgroupwasoriginalryknownas the Black American Law Students Association, and was foundedinNewYork City in 1967by blacklaw studentsfromNew YorkandColumbia Universities. The group came into existence here at UB in 1969, when the school's In addition to its recently held discussion * 'The Legacy ofßrownv.BoardofEducation", whichtookalookbackandahead,BLSA also justsponsored abowl-a-thon for law students. BLSA is also showing aBlack History Video SeriesonFebruary 1 1th, 18thand25thin Room # 106 at 6:00 p.m. The group, every Wednesday inFebruary, at 11:30 a.m. in the spineacross from theLaw Library, is holding ' 'An African-American CulturalFood Festival' ' featuring variousAfrican-American delicacies,andallplatesares2.oo.BLSAwillalso be having aforum onmulti-culturalism to be held sometime onthe last Thursday in February In the upcoming days wecan also expect to seea poetry contest in memory ofthe late Professor Muhammad Kenyatta. Along with . !!! BAR/BRI SCHOLARSHIPS!!! BAR/BRI, as usual, is offering generous scholarships to help selected students defray the cost oftaking the BAR/BRI Bar Review Course. A minimum ofthirty scholarships will beawarded ata maximum of$250.00 each. A totalofat least $7,500 will be awarded. Recipients will have their current BAR/BRI tuition reduced by the amountofthe scholarship, exclusive ofany early sign-up discounts. Approximately twenty scholarships will be awarded to students based on need. Applicants must describe their financial situation as well as those reasons why a scholarship isdeserved. Scholarshipswill notbeawarded to thosepossessingapermanent jobsubsequent to graduation. Aboutten scholarships will be awarded through the Buffalo Public InterestLaw Program (BPILP) to students wishing to work inthe public sector. Applicants for these scholarships must show a demonstrated commitment to working in the public sector. Preference will be given to those applicants whoclearly indicatepost-graduation plans which include a public interest/public sector job. Studentsmay receive either aneed-based orapublic interest scholarship, butnot bolh. To apply, pleasewritealetterofnomorethanonetyped,single-spacedpage. Return ittoMadeline Finesmith, Box #87, no later thanFriday, February 19,1993. Writeyour name on a coverpage, but do not writeyour name on subsequent pages. Please specify whethertheapplicationisforaneed-basedorapublic interest scholarship. Scholarships willbehonored inNew York, New Jersey and New England, and any otherparticipating B AR\BRI jurisdiction. Please specify which bar examyou are planning to take. From Barbie to Bar/Bri GROUP SPOTLIGHT will bis a seriesfeaturing a differentstudent group each issue. minority recruitment drive produced an increase in black enrollment.The group's missionfrom itsinception was to "attract young blacks into thelegal profession, to help them with their schoolwork and to promote law and legal trainingas a means ofsolving problems facing the black community." The BLSA president for the 1987-88 academic school year,DianaM. Harris, wasquotedasreporting the group' smembership as 82 students strong. Today, the group's members have for their President 2L James Lynch, Box # 707. Together, BLSA carries the original vision of the group withits eye on the currentrealities oftodayand the future. BLSA isinvolved in many on-going group-administeredactivities. Some o fthe manyoftheBLSA groupactivities include the following. BLSA has a mentor program for 1 Ls, whereby 2Lsand 3Lshelp the 1Ls get through theirfirst year. DeanBoy eris aware ofthe program, and according to the group, is considering extending itto thewhole studentbody. A secondmentorprogramwhich BLSA runs is one in which connects law students with attorneysin the community and the Erie County Bar Association in order to increase the level ofprofessionalism amongst the studentsand financial support fromalumni to theschool. BLSA also administers anadopta-school program, whichis chaired by2LChris West,Box#B34, throughwhichjuniorhighand high school studentsare urged to stay in school and are shown proper role models, such as BLSA members. ...Tragedy thispoetry contest, BLSA will co-sponsorwith the Student Bar Association, the Kenyatta Fund. Further,aplaque inProfessorKenyatta's memory is to be placed outside ofthe Law School Library later this month. BLSA also puts outa periodicnewsletter, with 2L Gary Simpson, Box # 792, as its Editor-in-Chief. This comments on current topics in the news as well as issues ofthe law school.BLSA encourages people to write for the newsletter and to respond to its stories. Any law student canjoinBLSA by simply contacting any ofthe members citedabove orgoingtoany groupmeeting.BLSA'soffice isin Room # 113Aanditstelephone number is (716) 645-2143. Those students whodo become part ofthe group willreceive an opportunity to workon projectsthat they wouldnotgettowork oninotherstudentgroupsandachancetoreally get involved inthe issues that are important to them. BLSA attempts to pool a diversity of interestsand backgrounds intry ing toreach a common goalanddoesso with acommitment to improving the situationforall law students, especially those affected by poverty and discrimination. The group wants to promote professional responsibilityand excellenceaswell as academic achievement. BLSA's members want to give something back to theLaw School community, by being oneofthe organizations that is at the forefront of broadening the law schoolvision whileestablishing andmaintaining connections tothe community and alumni. trained inrape counseling will soonleave from California to help the women onall sides who continued frompage 1 have sufferedfrom this crime. thatalthough Hungarians constitute only2% of Finally, Sax insists thatthe worldrealthe population, theyrepresentalmost 10%of ize that the violations of the human rights of the Serbian fighting forces, and make up an justoneindividual dohaverepercussions. Each evenlargerpercentageofthe front-line troops. murdered father or mother leaves behind a EntirevillagespopulatedbyHungarianshave grieving family. Worse, soldiers return from openly resisted the Serbian effort to recruit combatemotionallyandpsychologically damtheir men, declaring themselves "spiritually aged from the combat atrocities they have opposed to the Serbian war effort. committed or witnessedand sometimes turn Anotherconcernofthepeacemovement on their own families. In fact, Sax says, the is what to do for people whohave had their Croatian government has had to prohibitsolhumanrightsviolated, inparticular, the women diers fromreturning homewith grenadesafter who have been raped. At this point of his many used them to blow themselves or their discussion, Sax reminded his audience that entire families up in their own homes. In the this is a human rights violation that has ocend, Sax explained, the people hurt by the curred on bothsides ofthe conflict, thoughthe apologists on both sides ofthe conflictare the rapes ofCroatian and Bosnian women have civilians, the soldiers, and the soldiers' famireceived morepress. hi fact,hesays,awomens' lies. group in Croatia is complaining that women Sax ended his discussion byasking his are promised help ifthey gopublic withdetails listeners to help the innocentcivilians and not ofwhathappened to them and are then denied the governments involved in the conflict. He help. Their suffering, in short, is being ex- also suggested that we not send more arms to ploited to fuelthe fighting and to turn interna- one side in the dispute simply because it is tional sympathy to one side in the conflict. clearly out-gunned. Thepeace movement, he Nevertheless, Sax continued, ateam ofwomen insisted, cannot take sides. by TracyDale Sammarco riltellyouwhat,rmpissed. I'mpissed because Erma Bombeck thinks she can just waltz in and snatch my idea without even consultingme. Yup, that'sright, she snagged myideaandranwithit. Onemightbethinking that the chances ofa nationally syndicated columnist (however un-read she might be) even knowing whoI am, let alone piratingmy story straightfromthe gutsofmy Mclntosh,are rather slim. But let me ask you this, is it coincidencethat my treatise on Barbieexamining the social dimensions ofthis national figure was nearingcompletion when,IRONICALLY, Bombeck says, out ofthe blue, that Barbie is HERnewrole model? I think not, my friends. The truth is, I got cold feet at the last minute. I was going to finish my piece up and coerce tIieNLG into putting itinto theDissent; butl thoughtpeople might thinkI was losing it ifI published this shocking expose aboutmy childhood. Moreover, I didn't think anyone would care about my childhood. But now, because I'm ticked atBombeck, and because myanger has givenme the courage to standup and proclaim myselfa proud, former Barbie owner, I'm going to do it. (It's undoubtedly going tocomeoutatmyconfirmationhearings anyway, so here goes.) When I was six or seven years old, a malicious playmate of mine -we'll call her Shelly (in fact, thatwas hername)- ripped off Ken' shead and to ssed itintothe gutter like so much rubbish. I was mortified, but looking back, Shelly What's-Her-Namemayhave been making a bold political statement. There he lay(well, justhishead,really), staring up at me with those plaintive, plastic eyes...why?why? On onelevel, I think Shelly mayjusthave been a littlejealous,mine being the onlyKen onthe block. We had,afterall, a hugeBarbie complex stretching upand down the entire length of the hall in our apartment building. We had purple Corvettes,townhouses with elevators, pink motorscooters, clothes (oh,the clothes!) and much, much more. There was,however, aratherconspicuous absence of men inthis pink-plastic-molded, model com- munity. Mine was the onlyKen, sonaturally, all the otherBarbies were vyingfor his attention. I got a taste ofwhat is was like to be on the other side of the dating fence. Looking back, I think wewere deniedadditional Kens , becausetherewasonly onebedroom inBarbie s townhouse,and thatfact frightened ourparents a little bit. Ittendedto take someofthe realism out ofthegame,Ken being headless and all. But then, he wasmissingafewother strategicparts as well. So I ask you, was this vast Barbie community really a metaphor for lesbian separatism? Here wasKen, the onlymanfor miles, and he was a mere shadow ofa man. Barbie even hadreal hair; Ken' s, on the other hand, waspainted on. Idon'tcarewhatyousay, hair is empowering. Moreover, Barbie'sbest friend was Skipper. Skipper! Barbie's obviously co smeticallyaltered body was amere ruse, I say. HerCorvettewas purple,forcrying out loud! We'rehardpressed to admitit,butweall hadBarbies inourformative years. She wasa shiningbeaconin thenightofchildhoodglasses, braces and imperfect hair. Weknew that one day, we'd have Barbie's success, Barbie's boyfriend,Barbie's car, Barbie's dreams and yes,Barbie'sboobs. But even inthis quagmire ofsuperficiality, wewerebeing indoctrinated withtheseedsofrevolution. Wehadthepower, wecontrolledKenbodyandsoul. Hewasnever late for a date. All the clothes came with matching pumps too, as Irecall. Barbiewas incapableof wearing flats. Herfeetwere surgicallyaltered that way. Most people say it was a way to hobble Barbie, to keep her subservient to the fast-walking, comfortably-shod, male power structure; but I know better. A spike heeled shoe can become aformidable weapon in the hands of onetrained to use it; whether at the beach, the business meeting, orthe late night walk from townhouse toCorvette. Some how I don' t thinkErmaand I are the only women out thereto have drawninner strength from Barbie. She'sthereasonl'min law school today. ...Author abuse, McMillan said Uiafhcrlifedid not begin to change until she decided to take her life experienced bymany women,menoften donot seriously. Shesaid that when shedid, shereally understand how their behavior effects us." started to live. Whenaskedhow she was able Instead ofbeing defensive,McMillanfeels her to overcome these obstacles, McMillan said image of men can be constructive criticism. she didnot see them as obstacles.' 'Nothing in "If we (women) thought thatall black men life is free. This was the price I had pay and I were no good, then we would not waste our am stillpaying.Thanks to God, I amnow on the energy tryingto find agood man, and I certainly righttrack." would not waste my time writing about it.'' Currently bothDisappearing Actsand Terry McMillan' booksMama,DisapWaiting to Exhaleare being writteninto screen pearing Acts, Breaking Ice and Waiting to plays. Asasingle mother who wasleft by her Exhaleareall published by Washington Square son'sfather nine months after herchild'sbirth, Press, New York. andhas had to overcome alcoholism and drug continued'frontpage 1 February 15,1993 The Opinion 3 �©pinion iScJT Volume 33, No. 12 Editor-in-Qiief: Managing Editor: Business Manager: NewsEditor: February 15, 1993 Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant,Kathy Korbuly Contributors: GraigD. Hannah, Dan Harris EDITORIALS Late Grades as Good as No Grades February 15 has come and gone and many students still have not received their grades. Isn't feedback supposedly the name of the game now? A fewweeks ago, some facultymembers arguedthat ifthey added pluses andminuses to the mystical "Q" grades, students would get that special feedback they need to either reassure themselves that they are doingOKoralertthemthat they should be trying harder. Whilethatmay be a laudable goal, it means little ifthe student doesn't get his gradesto begin with. Of course, not all faculty members are guilty of failing tomeet this self- imposed deadline, butthose whoare shouldrealize that no grade means no feedback. For first years, the uncertainty this creates can be sometimes unbearable. Last year at this time, the SBA was threatening the faculty with a barrage of letters ifthey didn't promptly report their grades. From the look of the list posted outside A & R, this year doesn't seem so bad, and such drastic measures may not be necessary. So far, only four Ist year classes remain unreported, and two of those belong to the oneprofessor who had to teach a double section. As for upper level courses (excluding seminars and independent studies), close to 70% have reported (by my very rough estimate.-cd.). This also doesn't seem so bad, so long as one assumes that upper level students don't need the feedbackas badlyas do first years. But that assumption may notbe true. In any event, out ofrespect for the student body, the faculty should try to complete its grading process as soon as possible andmake things better for all involved. GettingTough on Crime May Not Be the Answer Third times a charm, they say (unless your a Bills fan). Hopefully, that will be the case for Clinton. We can onlyhope he got it right with his nomination of JanetReno for Attorney General. However, in our haste to see thejob filled, we shouldnot overlook what itrepresents for thisnation to have a tough prosecutor at the helm ofthe JusticeDepartment. Lest we forget, we have justendured 12years ofa' 'lets get tough on crime approach to thisnation's crime problem. Yet the problems haven't gotten any better, but only worse. Mandatory sentences for drug offenders and repeat offenders appease the public and temporarilyremove from view the symptoms of the problem, but they do nothing in the way of providing a cure. Likewise, while many people are willing to agree that much crime could be prevented through educational and other supportprograms, few are willing to make the sacrifices to see these programs implemented. Instead they take the easy way out by trying to put the problem out of sight and out of mind. What we need from this new Attorney General is not more of the same "get tough" nonsense, but an attempt to seekreal solutions that attack crime and its causes at their source. Copyright 1993. The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaper o f theState University ofNew York at Buffalo School ofLaw. The views expressed inthispaper are not necessarily thoseof theEditorsorStaffofTheOpinion.The Opinion is a non-profit organization, thirdclasspostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors.The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomes lettersto theeditorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will beeditedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines forthe semesterare the Friday before publication. The ideas expressed in the "Letters to theEditor" and onthe commentary pageare not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion February 15,1993 Opinion Mailbox Letter to Editor: For the past decade no issue has dividedAmericans more than the legalization of abortion. Compromise, compassion, and open mindedness elude discussions about abortion. Thesediscussions tend to dissolve quickly into invoking moralabsolutes and imputing basemotives to people with opposing viewpoints. Againstthis background, it is unfortunate that NatalieLesh chose to offer a superficialand inaccurate analysis of why' 'many pro-choice advocates believe in the legalright to an abortion. Ms. Lesh declares that many women compensate for a lack ofcontrol oftheir surroundings by attempting to control theirbodies. She states thatthe attemptto control the bodybecomes obsessive and' 'mostoften" manifests itselfin eating disorders. Then, sheanalogizes the causative factor of eating disorders (control) to the determinative reasons forreaching apro-choice position(control). I submitthat eating disorders, and other adjustment and personality disorders, include an element ofcontrol. However, to conclude thatcontrol is the central issue behind eating disorderstrivializes a problem which has complicated behavioral, social and psychological roots and is a serious misstatement. To assert that theneed ordesire for control on thepart ofpro-choice advocates,'' becomes an exercise in the destruction ofanotherbeing" begs theissueand defiesfairness andreason. Finally, contrary to one ofMs. Lesh's assertions, there are many limitations on what individuals can do to and with their bodies (drug lawsand nudity ordinances, to name just two). I suggestthat Ms. Lesh continue hercontrol theory. Legal adoption ofapro-choice position allows all women to exercise their beliefs regarding their continuation ofa pregnancy. Legal adoption ofapro-life positionprohibits many women from exercising theirbeliefs. Who is trying to control whom? Millions ofwords have been written and spoken on thelegalization ofabortion. Justice Thomas's assertions aside, I am confident that everyone at this law school has thought and has talked about the legalization ofabortion. Nothing new is added to the debate by writing an article which unfairlycharacterizes the opposing viewpoint ona divisiveissue. I suggest thatweagree to disagree. Failing that, let eachperson advance their own beliefs, not misstate ormalign the convictions ofothers. Jane Wade, 2L COMMENTARY by Craig D. Hannah Last Tuesday, the Black StudentUnion heldA Forum on Racism to discussthe rising racial incidents on the UB campus. The participants in the discussion were from the various undergraduate minority ethnic organizations: Jewish StudentUnion (JSU), Muslim Student Association,Latin American Student Association (LASA), All-African People's Revolutionaery Party (AARP), the Native American People's Association (NAPA) and theBlack StudentUnion (BSU). There were several issues debated in theforum. Someofthemoresignificanttopics were: Racism in the Student Association, Racism in the Administration, Racism on Campus, Capitalism as Racism's Tooland Mental Slavery. CampusRacism was the most heavily debatedissue at the event. Several minority students experienced incidentsofharassmentand discriminationby the administration and public safety. No studentwas willing togivehis or herpersonal account, butitwas evident that this was a sensitive issue. Several studentsalso expressed theirdisgust overthefactthatthe campus newspaper hasreferred to neighborhood youthsas uncontrollable delinquents. It is dangerous toassume thatevery A frican-American or Hispanicmale dressed in casual attire isacriminal. This is an assumption thatno personor organization, including public safety, has the privilege to make. It is depressing to see thatthe problems African-Americans had to bearin the first halfo fthe twentieth century are still present today. Institutionalizedracism coupled with both overt and covertracismare the problems these undergraduate students feel they are facing. The minority students at the event wanted the administration to come to their aid, like a heavenly angel, and rescue them from their problems. But these students should realize that the administration is not their savior. They, as a people, must look within themselves for help. As the Five Percent Nation would say, "You are God." We, theso-callededucatedAfrican-Americans, are the answers to our problems in Americaand the saviorsforourcommunities. There is no one here tohelp us andpeople are tiredo fourcry ing. Asmy grandmotherwould say, "Stand upandbeaman." Brothers, it is timeto prove your masculinity and not justthatyou havelost your virginity. Youare the mastersofyour ownfate and the captains ofyour souls. Ifpublicsafety subjects you, or someone youknow, to undue harassment, then file a complaint or tellaprofessor with whomyou have developed a special relationship with. If someone in theadministration is giving you ahard time, or isnot serving your needs,tell his supervisor thathe is notdoing hisjob. Justremember back to when you were working at Burger King and that Caucasian Womanasked to speak to your mangerbecause she thought you had anattitude problem. You gotin trouble;and ifenough peoplecomplained, you lost your job. Ifyou complain to the right people, something usually gets done. If it doesn't,then you complained to the wrongperson. Remember that ourpurpose at this institution is to learn and to obtain a degree. Nothing should come between you and your originalgoal, especially notthe trivialantics ofa few ignorant bigots or the cowardly mannerismsofsome overbearing,under-trained and uneducated public safety officers. Who in hisright mind would settlefor a careeras arent-a-cop? There is no room in this world forPart-time Revolutionaries.'' If you want to be a revolutionary, dropoutofschooland give ityourfullattention. Don't wasteyour parents' oryour ownmoney byattempting to balance worldwide liberation withyourstudies. YourconservativeparentsdidnotsendyoutoschooltobecomeaHueyNewton;but, rather, a Thurgood Marshall ora Charles Drew. You can save the worldlater; while you are here, get thedegree for whichyour forefathers foughtso hard so you could get thechance. My belovedA frican-American brethren, whileyouare in college expanding your vocabulary and opening your mind to new ideas, do not lose your common sense. It was difficult for us to obtainadmission to this institution, but it is easier to get thrown out. We wereborn with two strikes against us, so please don't let these trivial problems become your third strike. �Chew on This By Tracy Dale Sammarco We've certainly sunk to a newlow as a society. We're lower now than the Features Editor outwithcardsfeaturing peoplewho have AIDS. Earvin Johnson,ArthurAshe andRock Hudson proverbial snake's bellyand the chances are someofthe lucky recipients ofthis distincofascending are slim. We have got to be, tion- "the diseased notables", I guess you as a nation, the pinnacle ofinsensitivity. couldcall them.The questionis not whowould Andyouknow, the strange part is that we make such a thing; this isalready established. fostertliisqualityinourselves. WelLlfind The question is- who will buy it? We know it strange, but I think some people must someone will, because there's obviously a consider insensitivity to be a source of market forsuch things. Ohyeah, get this: the pride. We'retough,we'reAMEßlCANS. purchaser doesn'tget gum,she getsa condom. Yuck. Chew on that. Are the families ofthe people featured Thebig storyacoupleofmonths ago was thata trading cardcompany known as on these cards supposed to be appreciative? As faras I know, this is notan altruistic "Eclipse Enterprises" hadcomeoutwith serial killer cards. Featured were such endeavor whereby Eclipse raises money for notables as Jeffrey Dahmer and Charles AIDS research or anything like that. This Manson. I'm mystified. Weren't these project isapparently out-and-out commercialcards, at some point in ancient history at ism at its despicable best. Capitalizing on least, dedicatedto sports figures and other AIDS- truly loathsome, isn't it? "heroes" fromourculture? Itappearsthat It's true thatwhen I first heard Johnson at somepoint,rape, murderand cannibalhad AIDS, I was a little bit relieved. That ismtook baseball's slotasthe great Amerisounds awful, I know. I won't say that I was can pastime. Where the hell was I when saddened to hear thathehad contracted HFV; all this came down? There is an inexplicable fascina"Human interest" tion with the macabre that governs this stories have taken on issue, I know. We all stop at car crashes and click on an occasional docudrama the approximate about model murders orsome such noncolor of sadism. We sense. We make out like ourinterest has something to dowith educating ourselves. don't want to hear Maybe we tell ourselves thatits ourconabout the bloodshed, cern for others thatrivets our attention to we want to see it. the television screen orthescene ofthe car wreck. ("Ifyou havea wifeor daughter, you'll want to watch this show. Learn it goes without saying thatthe announcement what goes on inside the heads of these was a tragedy. But the truthis, I was hopeful crazedkillers.") Maybe weeven orderthe thatthe newswould help people come to grips Time-Life serial killer set, payable in with reality. I thought maybe HIV would four, guilty-pleasure installments ofonly finally acquire the mainstream status it ought $19.95. to have. Perhaps, I thought, people will finally So yes, I can see wherethe interest stop treating AIDS as someone else'sproblem. isrooted. It'ssomething primal deepdown I was overly optimistic, in retrospect. in our guts that grabs our attention and What was the first question everyone holds it. It's the reason this societyallows asked? Do yourecall? "How didhe get it?" long drawn-outrape and mutilationscenes There must have been something aberrant in films; it'sthedriving-forcebehind''The abouthislifestyleforthistohavehappened. He Faces ofDeath". We sit inthe comfort of hadtobeguiltyofsomething. "Magic"jokes ourlivingroomsand watch others system- were all over the place. atically degrade the value of life, both And visions ofayoung XXX member humanandanimal. withthewords' 'Thank GodforAIDS" written Now, Eclipse Enterprises has come across herchestcome flooding back to meonce SBA Establishes Council ofPresidents 1L Class Director to Head Up New Council MandatoryS J Student S Fee S ■ ■ again. Someprobablythinkl'mtooquick tocondemnEclipse'sactions. "Don'tbuy them," some will say. I don't say that Eclipse shouldbeforbidden to makesuch things. I merely wantto suggest thatsuch things are signs, symptomsofacultureon the brink. It's one thing to advocate free speech, to believe in tolerance; it's quite another to sitidley by and watch others feed, parasite-style, on the misery ofothers. Yes, Eclipse has the right to create such a product; but I hope they catch hell fork. And I think I'll justkeep my buckfifty,thanks. The media is asking how you grab America's rather limited attention this week. Do somethingshocking. "Human interest stories have taken on the approximatecolorofsadism. Wedon'twant tohearabout the bloodshed, wewantto see it. I, for one, do not expect children to stop blowing each otheraway on school buses untilcommon sense finallykicks in and forcespeople toconsider the possible effectsthat 12 hoursof"Top Cops" might have on their offspring. I also think that turning the pain o fHIV contraction into a trendy status suitable for publication on trading cards is really kind ofdangerous. AIDS needs to benormalized inthe sense that people should be made aware that theyare at risk no matter how ostensibly "normal" (andI use thisword in an very qualifiedmanner) their sexual and social habitsare. However, toequate the disease with the various other dimensions ofcelebrity status is not normalizing, it's counter-productive. It makes AIDS an anomaly, an oddityreserved for themembers ofaconcededly bizarre Hollywoodesque subculture. How do these cards compare to sports cards, I wonder? Doesthe holder's investment appreciate with the deathofa featured individual? Whatfactors make acardmorevaluable-degreeofsuffering? What? These are not pleasant aspects to consider; but the promulgation o fa such a productbegs these questions. I'mjustnot sure I'mready for the answers. I Referendumj Voting i S February ! ■ ! ; 23-24 Vote to J ■ keep i student j J activities J possible * ■ ■ J [atUßLawj i SeeSBA i Bulletin | J Board for ■ ■ ■ more S details. | I But don't i forgetto 5 VOTE! j ■ ■ i TO CLASSKENNEDY REASONS FOR NOTGOING BILL "ThecouncilofPresidents should dramaticallyimprovecooperationamong student groups,the SBA and the faculty, andllook forward to organizingandchairing theCouncil,'' stated Paul Beyer, First YearClass Director,afterbeing appointed Chairpersonofthe newly-created CouncilofPresidents atthe February Bth meeting ofthe SBA. The Council ofPresidents, established by the SBA at its January 25th meeting, will becomposed ofonerepresentative from each student organization and the Chairperson. The Council will help coordinate student group activities and facilitate regular communication among the groups andthe SBA. ' 'TheCouncilwill enable groupsto join togetherin activitiesofmutual interest, avoid repetition of services and activitiesand interactwith faculty and the SBAonvariousissues,"saidßeyer. "The concept is based on similar coalitions organized successfully on the community level throughout the state and it will be equally effective in encouraging cooperation and communication among the student body." February 15,1993 The Opinion 5 �RoamingTP he hotographer , byPaulßoalsvig, Photography Editor This week's question: Do you think Clinton is headed in the right direction as far as his economic plan is concerned? Bruce Reinoso, 2L: Ross Fogg, IL: Denis Bastible, 2L: activist president stillhas to contend withthe system as a whole. I'm sure he'll do his best. But will it do any good? We'll see." fully some common goodwillemerge fromall this. But go ask JoeBelluck.'' them. Everyonewillhavetotry tosupporthim to accomplish these changes.'' CatherineT. Wettlaufer, ofSaperston & Day, P.C., themorning programis geared to general practitioners and other non-bankruptcy lawyers "so they can avoid pitfalls and not be blind-sidedby whatthey don'tknow." Corporateattorney Gerald S. Lippes, oi Lippes, Silverstein, Mathiasand Wexler, will bethe moderator. Hewill posequestions to six bankruptcy experts and a judge.They willthen explore how a client's current or potential bankruptcy may impingeonhisorhermatrimonial, negligence, environmental, realproperty and businessproblems. Inaddition to Lippes, speakers include: ArthurJ. Bronson, ofPhillips,Lytle, Hitchcock, Blame & Huber; MargaretLillis Snajczuk, of Saperston & Day, P.C.; Garry M. Graber, of Hodgson, Russ, Andrews,Woods & Goodyear; program possible. Ron Olson, 2L: president can "Everyone will have to make sacrifices, for "I think he's on the right track. He's gotto " It'stoo early to tell, butas long he taxes ' 'I don't think any individual makethe harddecisions andfollow throughon singlehandedly change the system. The most example less beerand fewercigarettes. Hopethe daylights out oftherich, I'll be happy." Mugel continuedfrompage 1 Swartaid Augspurger,predecessorofJaeckle, Fleischmann & Mugel. "He is widely respected for his great intellect and expertise in the areas of estate and gift taxation; estates amd trusts; future interests; and estate planning," says Mark Farrell, president ofthe Law Alumni Association. ' 'Over a span of45-years, he hasbeen a brilliantteacherformorethan9s percentofour living alumni/ae." According to Convocation chair PHI ALPHA DELTA Initiation Sweeps Weeks February 15-26 Visit the P. A.D. Information Table February 16-18 Ist Floor O'Brian Hall Find out what PAD is all about. PAD GENERAL MEETING For Interested Initiates February 23,1993 Meet PAD Alumni EricDoherty& Niagara Falls DA Ronald Winter Find out about PAD International, the services itprovides and what PAD can do for you after graduation. PARTY WITH PAD PAD-SBA Seventh Week Stretch at Cheers (1459 Hertel Aye.) Thursday, February 25,1993 9:oopm-until Beer, Wings, Pizza $4.00 perperson until midnight PAD initiation will be held during the First week of March 6 The Opinion February 15,1993 WilliamF. Savino,ofDamon&Morey; Jeffrey M. Freedman, ofJeffrey M. Frredman Attorneys at Law; and Hon. Beryl E. McGuire, of U.S. Bankruptcy Court, Western District of New York. Anextendedquestionandanswer period will follow. TheUß Law SchoolandUBLaw Alumni Association gratefully acknowledge the generosity ofFleet Bank who helped make this THE Thefeefornon-studentsiss3sfor 1992-93 members ofthe Law Alumni Association whohavepaid theirannual duesand $45 forall others.The fee includesprogram, Continental breakfastand lunch. Firm tables for eightare available fors32o. Please make checks payable to the UB Law Alumni Associationand mailto: UBLaw SchoolAlumniOffice,32oJohnLordO'Brian Hall, Amherst Campus, Buffalo, NY 14260. Questions? Call IleneFleischmann, executive director of the Law Alumni Association, at 636-2107. LAW SCHOOL ADMISSIONSD&\ DECISON-MAKP G ROCESS �The Docket sdfsdfsdf Professor Blum discusses his suit. Wednesday, February 17,4:00-5:30pm Where: Cooke Hall(adjacent to Hochstetter),Rm 121. Why: Lawsuit is heating up and Blum plans to discuss new developments as well asto play the tape which substantiates his charge that a member ofthe faculty has perjured himself. What: What: Baldy Center ShortCourse on HumanRights When: February 15,17,19;3:30-s:3opm When: Where: Baldy Hall 706 and 545, AmherstCampus Low: Presentations given by Chandra Muzaffarand L. Mangan Presentation- Non Traditional Careers for Lawyers, Part 2. Featuring speakers from NY State Division ofHumanRights, SUNY Buffalo Student Affairs, and National Fuel Gas. When: Tuesday, February 16,1993,5-6pm Where: Room 108JohnLordO'BrianHall Time: 5-6PM What: Oral arguments on ProfessorBlum's motion for Preliminary Injunction. Friday, February 19,3:30pm Where: Federal Court, Judge Skretney' s Courtroom, downtown Buffalo, 65 CourtStreet. Why: Great experience for Ist years to watchBlum fight in federal courts and hear the unfiltered arguments onboth sides ofthis tenure dispute. What: When: What: The Impactof the North-American FreeTrade Agreement (NAFTA) onWesternNew YorkJobs Who: James Duncan, Director, UnitedAuto Workers(UAW) /New York State Community Action Program Council When: Tuesday, February 16that2:oo p.m.Presented by theLabor and Employment Law Association Where: TBA (probably theFaculty Lounge Room #524) Time: 2:OOPM What: When: Where: Why: What: What: When: Where: Why: , Seminar on' 'ANIMALSAND PEOPLE: MoralityandPolitics ' by Law Professors Alan Freeman and Betty Mensch. When: Wednesday, February 17,3:30pm Where: StudentLounge-RoomlosO'BrianHall. Why: Intellectual stimulation outside the classroom withtwo professors whorecently published an article on the topic entitled Scratching theBelly oftheBeast.'' Pickup copies ofthearticle fromLois in Room 419 before the seminar. forFeminist Studies presents Reverse Shot: A Colloqium on Films byWorn en. Keynote Addressby Trinh T.Minh-ha Februaiy27,9:oopm Diefendorf 148, Main Street Campus Registration fee: Faculty, $15; Students, $ 10(prepaid). $3 pershowing. criminatoiy comments, epithets or otherexpressi vebehaviordirected at "The Hour of the Star ,, ,, "Daughter of the Dust February 26,7:30pm Baird Auditorium, Amherst Campus ,, "Virgin Machine February 2 7,1 :00 pm Diefendorf 148,Main Street Campus "Marianne and Juliane" February 2 7,3 :00pm Diefendorf 148,Main Street Campus ,, "Shoot the Contents February 2 7,7 :00pm Diefendorf 148,Main Street C-ampus The Federalist Society announcesacallforpaperswithachance to win money. The topic? To critically discuss the following rule in termsofboth its Constitutionalityand it's impact on the goals ofeducation: dentsof discriminatory harrassment, amended its student conduct code. The new nile provides that "The university may discipline a student in non-academic matters in the following situations...2(a) Forracist ordis- February 25,7:30 pm Clemens 120,Amherst Campus February26,l2noon Baird Auditorium, Amherst Campus Call for Papers! The University of Wisconsin, responding to an increase in the inci- "India Song" Roomlo6,O'BrianHall MajorchangesintheSummerlnternshipprogram affecting all interested students will bediscussed. FREE BOOK forallUßlaw students: UBLaw School: lOOyears 1887-1987 NOW! Pickupyourreservedcopyatthe3rdfloorbookstore. The alumni feel generous and the law school needs any good press itcan get. The Graduate Group BPILP SummerInternships, Mandatory Meeting Wednesday, February 17,4:00pm an individual or on separate occasions at differentindividuals, or for physical conduct, if such comments, epithets orotherexpressi ye behavior orphysical conduct intentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry orage ofthe individual orindividuals and (2) Create an intimidating, hostile or demeaning work environmentfor education, university-related work or What: When: Where: Why: Paid positions withtheLaw School Phonathon StartDat-February 23rd, 6:00 pm , Contact Alumni Office, 3 180 Brian Hall HelptheLawSchoolwhileearningSSS. Paid positions withthe phonathon available on Tuesdayevenings (other evenings ifTuesdaysareaproblem). What: When: Where: Why: Researching InternationalLaw Wednesday, February 16,3:30pm Koren Center, RoomA, sthFloorLawlibrary International Law Society presentation. What: ' 'The Women's RightAgenda in the Clinton Years'' When: Tuesday, February 16,12noon Where: Faculty Lounge (sth floor, O'Brian Hall) Why: Isabelle KatzPinzler, Esq.,Director ACLU Women's Rights Projectspeaking. LEXIS &WESTLAW TRAINING at the TemporaryLearning Center(TLC) Law Library, sthFloor, Room 5-3B Ten Westlawand ten Lexis/Nexis computers willbeavailablefor training sessions and student usefrom March 1st 28th. - IMPORTANT DATES - Password and software distribution 10am -3 pm outside law library March Ist through sth 1LTraining by law librarians MarchBththrough 19thRefreshertraining bylaw librarians March22nd,24th,2sthSummerAssociate training (IL.2L)by Westlaw Attorneys: 11 am, 1 prn,2:3opm/Fastracktraining byLexis attorneys: 3 pm 6 pm March 23rdSummerAssociate training: 11 am, Ipm Fastrack 3pm March23rdJudicial Clerkship training (IL, 2L) by Westlaw Attomeys2:3opm All firstyearstudents are encouraged to sign upforthese computer research training sessionswith theirresearch andwritinginstructors as wellas pickup software which will be distributedoutside the library on March 1stand 2nd. March Istand 2nd - otheruniversity-authorized activity.'' Papers will be judged on the quality of their content, not on the conclusionreached. The amount of the prize will be determined by the numberofpeople who submitpapers. Ifthere are 1-2 entries,the winnerwill receivesso.Oo;3-4 entries,thewinner willreceive $75.00; 5 ormore entries, the winner will receive $ 100.00. Copies of the rule can be obtained on request from Box 785. Submitallentries to Box 785 by April 1,1993. Thereisatenpagemaximum and it must be double spaced. Free Bar Review Lectures The three majorbarre viewsponsors,Bar/Bri, Marino,and Pieperhave agreed to provide substantivebarreviewlectures similar to the ones usedin theregular fulllength course, with the bonus that die majority ofthis program will feature live lectures, not tapes. These program will be from four to six hoursand will occur on six Saturdays duringthe firsthalfofthe spring semester. The schedule isas follows: SUBJECT Domestic Relations Contracts Real Property DATE February 20,1993 February 2 7,1993 March6,l993 February 15,1993 SPONSOR Marino Pieper Marino The Opinion Page 7 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE FRIDAY, FEBRUARY 12 OFFICIAL FILING DEADLINE FOR MARCH 12th MPRE SUNDAY, FEBRUARY 28 Lecture: Room: Time: Tuition: MPRE (VIDEOTAPE LECTURE) Presented by Stanley D. Chess 106 10AM-2PM Free for BAR/BRI enrollees ($75 payment required TUESDAY, MARCH 16 NOTE: - fully credited toward tuition) 1) 1993 BOOK DISTRIBUTION BEGEMS (Additional distribution days to be announced) 2) CLASS OF '93 ENDS - $150 N.Y. DISCOUNT April 14) ($75 discount until CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14 WEDNESDAY, APRIL 14 - - LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS WEDNESDAY, MAY 19 NEW YORK COURSE BEGINS AT LIVE LOCATION TUESDAY, MAY 25 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 filing deadline for july 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/15/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cc7c4ac220a84025f3bed5c621434278.pdf cd82faf8dd811c66406532d8ffd03c31 PDF Text Text TOHE PINION February 22,1993 Volume 33, Special Edition STATE UNIVERSITY OFNEWYORK AT BUFFALO SCHOOL OF LAW NO MANDATORY FEES... wli > ,n !{iW || jNK JBhK AsianAmerican Law Student Association Association ofWomen Law Students Black Law Students Association Buffalo Enviromental Law Journal Buffalo Enviromental Law Society Buffalo Journal of International Law Buffalo Law Review Buffalo Public Interest Law Program Buffalo Journal of Public Interest wR 'JS "^μ JkhL wiv /^§P^ Law^^^^»^ Desmond Moot Court Board MHL Domestic ViolenceTask Force f^^K^^k fS|W^ Hibernian Law Society International Law Society ;i:; » essuP International Moot Court Board Labor and Employment Law Association .* LatinAmerican Law Students Association Law Students for Corporate Accountability Lesbian, Gay, Bisexual Law Students Native American Law Student Association National Lawyer's Guild The Opinion Phi Alpha Delta Fraternity Phi Alpha Phi Fraternity Sports and Entertainment Law Society Students For Constitutional Concerns Students of Law for Animal Rights \ '^'^^M^ ;'^^fflr YT^lliß i»l™ ... NO LAW SCHOOL STUDENT ORGANIZATIONS �§M| __ Student Bar Association School of Law UNIVERSITY AT BUFFALO m Rm STATE UNIVERSITY OF NEW YORK *»• ,ohn Buffalo, New York 14260 (716) 636-2748 February 21,1993 Dear Fellow Student: Imagine our law school without any student groups. No newspaper, Journals, or student clubs. All ofthe organizations listed on the front ofthis paper are supported by our mandatory student fees. As you can see, our student fees support groups which affect all areas of law school life. In addition to contributing to our own education with lectures, forums and guest speakers, our student organizations reach out to the community in a myriad of extremely vital ways. From the summer work which BPILP funds, to the work of the Domestic Violence TaskForce and thePrison TaskForce, all ofthese organizations combine abelief in what is right amongst men and women with our smallcontributions to reach significant achievements. An increasingly larger number of our organizations are producing top rate Journals geared to specific areas oflawand society. Some ofthese Journalshave achieved recognition fromnational organizationsby forging, ahead and fostering discussion in areas of our societypreviously ignoredby the law. These groups only ask that we provide a small monetary sum to cover the cost of supplies. Our returns are immeasurable. Once every four years, law students are required to vote either to keep fees mandatory or to make them voluntary. The results ofthisreferendum are binding forthe next four years. If the fee is not kept mandatory, it is quitepossible that all ofthe student organizations which make up the mosaic oflaw school life will cease to exist. During this S .B.A. administration, we have consciouslyplaced the needs ofthe students and student organizations first, strengthening the link between the students and their government. However, this is not good enough, for without the monetary support through the mandatory student fees we could do nothing. I am asking you to votejyesto continued mandatory student fees and to make sure all of your friends vote yes as well. This issue is too important for the future of our student organizations and our continued success in self-government. Thank you for your continued support and cooperation in making this one of our best years. Vote Tuesday and Wednesday in front ofthe Library. Yours, William F. Tre^vant President, Student Bar Association �The Student Bar Association and the Law School Student Groups NeedYou Now More than Ever!!! This Tuesday &Wednesday in front of the Law Library Thanks for your support. �Vote Yes to MandatoiyStudent Fees Tuesday, February 23 & Wednesday,February24 in front of theLaw Library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1993 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. 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For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fb6a3967aeae9e8e42c31c1352bb768c.pdf f754cc687bb6df391eeb1ca165968054 PDF Text Text O THE PINION Volume 33, No. 13 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OF LAW March 3,1993 Spike's Movies Capture Daily Life in America bySaultan H. Baptiste, ManagingEditor Whenaskedfor the thirdtime duringan press conference "But Spike, don'tyoureally , consider yourself a 'black leader ?" Spike Lee, the worldrenown filmmaker, director, writer,and actor responded,' 'Look, I'm no Jesse Jackson. I'm no Nelson Mandela. I'm just a story teller. I tell stories." And storiesare exactly what Spike Lee toldafter entering Alumni Arena to a unanimous standing ovation from the over 1000 people thatwere inattendance onFebruary 28. Lee appeared shorterthan hisapproximate s'4" height as heapproached the podium, walking with a light shuffleand a slightly hunched back. Butby the conchisionofhis story onhis experiences as an African American filmmaker, heappeared ten feet tall in the eyes of - many. liked the response he received from the film and it motivated him to consider graduate school. Afterapply ingto film schoolsatU.S.C, and U.C.L.A., Lee was successful in being admitted to New York University. Lee said ' 'My GRE wasnothigh enough forthe other "I simply hold up a mirror to present day life in America and say/Look!"' . emy has nothing to do withwhat is good.. .1 knew it would happen. .but don't expect for BestActorand Best Costume Design, has Denzel [Washington] to win for BestActor.'' Lee's first interest in filmmaking was been widely acclaimed as a historic epic. Commenting on his film and the Academy born duringhisjunioryearatMorehouseColAwards, Lee said,''Malcolm A"didas wellat lege,apredominately African-Americancollegein Atlanta, Georgia. He declareda major the box officeas I expected.. .[but] the AcadHis most recent film Malcolm X, al- though onlynominatedby theAcademy awards UB Wins Environmental Moot Court Photo: Paulßoalsvig bySaultanH. Baptiste, Managing Editor Once again, UB has taken the top spot in the national arena. On February 20, thirdyearlaw studentsElizabeth Beiring and Daniel Spitzer won high honors as the winning team in thefifthannual National EnvironmentalMootCourtCompetitionheldatPaceUniversity. Spitzer, whoisalso Editor-in-Chiefofthe Buffalo Law Review, was also successful in winning 4 outof5 rounds as BestOralist. The three day competition consisted of230 competitors from 68 law schoolacross the country, making it the largest mootcourtcompetition in thenation. Thiswas onlythe firsttimeUBlaw has participated inthe three day competition. Thehypothetical case concerned astate statutebanning the import andexport ofhazardous waste disposal in the stateo fNew Union. The case involved three parties state regulators and two competing economic interests. Thecompetitionrequired that allcompetitors argue all three sides ofthe issue at least twice by the time they reach the finals. hi addition to the mootcourt, competitors wererequired to prepare a briefwhich was placed on a Lexis database for students toreview rather than sending a photocopy of67 briefsto each school. Pace University said that they saved 550,000 pages by using theLexis system. Beiring, who was always thefirst speaker, set thetone forthe team by being very composed and conversational, whereas Spitzer was very aggressive and dramatic in his presentation. Speaking of his teammate, Spitzersaid,''Elizabeth was excellent at ans Bering very difficult questions and shealways remained calm, assured, and knowledgeable. She only got betterandbetter witheachround.'' Beiring, who was President oftheEnvironmental Law Society last year, and is currently Editor in ( :hiefoftheEnvironmental Law Journal, had never competed in a moot court prior to (his competition. She stated that - ...Moot, continuedonpage 8 schools, butN.Y.U. didnotrequire aGRE so I was able submitonly my portfolio,'' Itwasat N.Y.U. thatLee met cinematographer Ernest who would come to shoot all of Photo: Paulßoalsvig Dickerson, Lee's films untilMalcolm X. Their first colin Mass Communications andboughta Super laboration was Joe's Barber Shop -We Cut 8 camera. During the memorable summer of Heads for whichLeereceived a StudentAcad1977 when New York City had its famous emyAward. blackout, he made his first movie The Last Having wonthe award,Lee said he got Hustle in Brooklyn, whichcombined the dance an agent and "just laid back and waited for craze of disco with the violence of looting ...Spike, continuedonpage 7 which was rampant during the blackout. He Dr. Aruri Discusses Peace Prospects byKevin P. Collins, NewsEditor OnMonday, March 1,1993,Dr. Naseer Aruritwice addressed the UBlaw school community on the subject ofIsrael and Palestine: The Prospects For Peace. The discussions took place at 12:30 P.M. and 7:30 P.M. in Room 109ofO'Brian Hall. Dr. Naseer Aruri iscurrentlyaProfessorofPolitical Science at the University ofMassachusetts-Dartmouth as wellas aMemberofthePalestinianNational Council. Dr. Aruri was born in Jerusalem, in Palestine, and came to the United States in 1954. He has received three degrees,aßS,MA,andaPh.D. fromvarious universities inMassachusetts. He hasbeen teaching at the University ofMassachusetts-Dartmouthsincel96s. Dr.Aruriisthe authoroffourbookson this area, including Occupation: IsraelOver Palestine. Hehasalso beenpublished inmany journals. Dr. Arurihas served three termson theßoardof Directors ofAmnesty International, and is amemberof the Middle East Watch as well as the Middle East Research andInformation Project. Dr. Aruri is thefather ofcurrent law student, 3L Jamal Aruri. The discussion was presented by the Palestinian Student Association, and was co-sponsored by the OrganizationofArab Students, theOrganizationofMiddle Eastern Women, theHuman Rights Center, the National Lawyers' Guild, and the American-Arab AntiDiscrimination Committee-Buffalo Chapter. Dr. Aruri centered his discussion on the topic of Palestine and theprospects for peace inthe MiddleEast. Heno ted thatthis is inevitably interrelated with the other issues oflsrael's concerns for security and the Arab states concern forterritory. The question ofPalestine, Dr. Aruri pointed out, is the essence ofthe problem. He cited how the Arab-Israel conflictderives from thePalestine-Israel conflict. The crucial issue facing the Middle East today, according to Dr. Aruri, istheprospect ofpeace between Israel and Palestine. Dr. Aruri commented that the Palestinianpeoplehave been transformed fromanormal people into an abnormal people. In 1948, they were fragmented intorefugees and stateless people. Another segment became a minority in Israel, where the Palestinians used to bea majority. The Palestinians today are not entitled to the same rights as other citizens. The people in the West Bank in Gaza live under military occupation. Dr. Aruri stressed thatUnited Nations Security Resolution # 681 ofthe GenevaConvention applies to Israeland the occupied territories and thatIsrael must comply with the terms of the Geneva Convention. ...Aruri, continued onpage 9 Dr. Aruri, a member ofthePalestinian National Council, lectures to UB students. Photo: Paul Roalsvig HIGHLIGHTS „ Group Spotlight Editorials and Commentaries Roaming Photographer. Docket 3 4-5 8 II �DO YOURSELF JUSTICE Study with Pieper... and pass. IT] 1 1 J II II II J^ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Tcskc �Dean Accused of Perjury THE FEDERALISTS byKevin P. Collins, NewsEditor The Federalist Society (the Feds) is a law student organization that, as one ofits primary purposes, offersan opposing viewpoint to what it perceives as the nationally liberal legal scholarship. The Society also brings togetherconservatives and libertarians. It is an organization that exists to offer a dissenting voice. The UB chapter in the law school exists for the same purposes- to offer opposing viewsonlegal issuesand to strivefor intellectual honesty. According toUniversity atBuffalo Law School: 100Yearsl887-1987.hyRohertSchaiK '53 and JamesArone'Bs,atpp. 178-179, the Federalist Society is a national organization byDanHarris ance, are a society taking a new direction. They are attempting to become a mainstream organization. The Feds still want to be an outletfor and to bring together conservatives and libertarians; they still wantto be a different voice. The change is thattheFeds do not wantto be perceived as " far out.'' There are plenty ofopportunities to join theFeds,bothasofficersandnewmembers. To join the Feds, contact Vice-Chairman, 2L Anthony Selvaggio, Box # 785, Chairman, 3L Karl J. Czymmek.Box ft 57, orTreasurer, 3L JohnJablonski,Box # 141.Both Czymmekand Jablonskiaregraduating3Lswhohaveputalot ofhard workand dedicationinto the organiza- GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue headquartered in Washington, D.C. that was founded inorder to counterbalance the influence of liberal publications and to offer an alternative perspective. Today, thereare more than 75 law school chapters oftheFederalist Society. The UB groupwas formed inMarch 1984. SchausandAronetellofhow, whenthe Feds first startedhereatUB, they' *believe[d] in decentralized government, judicialrestraint andtheruleoflaw. They acknowledge that on many issues they are on the other end ofthe spectrum from theNationalLawyers Guild.'' TheFeds, whoare dogmaticabout toler- tion and wantto seeitcarried on. The annual Federalist Convention this year will be held at Harvard University in March. JudgesBork and Ginsberg, as wellas Supreme Court JusticeScaliaare scheduled to speak. Law students who desireto go cango for areduced cost- seetheFeds forfurther information. The Fedsare currently putting outacall for papers with a monetary prize for the best submission. The topicinvolves criticallydiscussingarulerecentlyproposedbytheUniver..Feds, continued on page 11 Amidst an ever increasing list ofconspiratorsagainst formerUßLaw Professor Jeff Blum- a list that would leave Oliver Stone green with envy- Associate Dean Lee Albert hasbeen accused ofcommitting perjury. According to Blum, the perjury supposedly took place in anaffidavit filed byDean for Student AffairsLee Albert. Bhim'smainproofcomes fromasurreptitiously made taperecording ofan informal phoneconversation he had with Albert. Albert thoughthe was simply having anothing more thanafriendly, very unexpected conversation. Therefore, his responses to Blum were not carefully stated, the way they would be in a formal legal document. Yet Blum contends thathehad been in the habitoftaping conversations, thus he neither saw anything wrong withrecording the conversation, nor was he aware that Albert didn'tknow he was being recorded. The main issues of contention in the affidavitandtherecordingare ofßlum' s scholarship, andwhether the tenure committee had already informally decided against granting him tenure before their formalmeeting. For example, in his affidavit, Albert stated thathe did notbelieve that a number of the faculty had decided against giving Blum tenure prior to the OctoberTenure Committee meeting, hi hisphone conversation, however, hetoldBlum that"there was great skepticism about [his] 'promotionability'." Albert explains the differences asbeing nuances: Yes, the faculty was leaning againstBlum. No, they had notmade their decisions yet. They were still entering the meeting with open minds. Albertalso points out that tenure promotion does not take place in a vacuum. On the contrary, it is based on familiarity with the candidate after having worked with him/her over the years. ' 'Collegiality is a factor that everyoneknows isrelevant,'' says Albert. Another important issue is whether the facultywas against Blumbecause ofhis views on ideological views on legalizing drugs and warning on the dangers ofnuclear armament. In his affidavit, Albert stated that he did not believe these viewsplayed any factor in the committee'sreservations about grantingBlum tenure. Yetinthephoneconversation,Albert told Blum thathis outspokenness wasrelevant Albert explained the difference: He said that it was not Blum's views, it was his outspokenness. It wasnotthe issues that were the problem, according to Albert, "it is the time,place and manner, and logicalreasoning, cogency, and willingness to listen to opponents." Inotherwords,Albertbelievesthatthe "That's not a lie. That's a mistake offact." -DeanAlbert problem is not Blum's views, but the way he presents them. For example, ata forumheld in thelaw school inthe fall of 1989,Georgetown University professor Walter Berns debated Blum about the War on Drugs. According to Albert,after the debate Berns said,''Buffalo is onlyan houraway from Washington,but what I hear today makes me think I'm in another world....lthinkl'monanotherplanet." Albert believes Berns'reaction to Blum's presentation is typical ofthe effect Blum's presentations have on thelegal academic community. The final issue is thatofBlum's written scholarship. In his affidavit, Albert stated that Blum had published only, one article since coming to Buffalo, and thatthatisnotenough fortenure andpromotion. However,Blum says that itis a double length Law Review article. In fact, Blum claims to have actually written five articles. These include writtentestimony ...Perjury, continued onpage 8 Free Trade Agreement Costly to American Labor MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. byKevin P. Collins, Yews Editor Photo: DanHarris Last December 17,1992,PresidentBushoftheUS,PresidentSalinasof Mexico, and Prime Minister Mulroney ofCanada signed the North American Free Trade Agreement (NAFTA). TheUS Labormovementanditsallieshave fought long and hard to prevent NAFTA from being signed. The US Labor movement recognizes the severe negative impact NAFTA will haveon American and Mexican workers and our whole environment. Congress will soon consider the passage ofNAFTA and theAmerican Labor movement islobbying defeatthat measure. OnTuesday, February 16,1993,at2:00 P.M. in theLaw School Faculty Lounge, Room 545 ofO'Brian Hall,the Labor AndEmployment Law Association(LAELA) presented James Duncan,oftheUnited AutoWorkers (U AW)and Directorof theNewYork State Community ActionProgram (CAP) Council. Mr. Duncan spoke on the impactofN AFTA on WesternNew Yorkjobs. Thewhole presentation was videotaped and is on reserve in the A V Room in the sthfloor ofthe library. Mr. Duncan opened hispresentation byreading from theUA W testimony beforetheUS Congress, citing studies which conclude thatbetween 3 00,000 and 500,000 American jobs will be lost if NAFTA is passed. He stressed that the UAW is not against free trade. The UAW favors a free and fair, open communicationofnations which involves the workers. TheUAW isattempting to enhancerelationships with othercountries. TheUAW opposesNAFTA, but itdoes so not because o ("Mexican workers. TheUAW islobbying forcontent legislation. The agriculture community and ...Free Trade, continued onpage 6 to BAR/BRI PROVIDES PERSONAL ATTENTION BAR/BRI is run by lawyers who are always accessible. It is not a one person bar review course. "One lawyer" programs cannot provide personalized attention. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. March 3,1993 The Opinion 3 �[opinion llli"" Volume 33, No. 13 March 3,1993 Editor-in-Chief: Managing Editor: VitoA.Roman Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy StafTWriters: W.F. Trezevant, Kathy Korbuly, Gary Simpson Contributors: Dan Harris,RobertGarnsey, Sharon Nosenchuck EDITORIALS HEY BARRY!! What's up with the "H-"? Well ladiesand gentlemen, yetanother chapter ofthe grade issue is alive andkicking with the faculty but this time they seem to bethe ones all screwed up. Unfortunately, Dean Barry Boyer appears to be leading the pack in this confusing milieu of administrative chaos. Although Dean Boyer and the law school facultyagreed that prior to this semester's new grading policy there was never a "+" or "-" grade, and that the newpolicyaffecting the "Q" would only take effect this Spring, Boyer has graded four students in his fall Great Lakes class witha"H-". With all due respect, Barry, what's going on? Are we making up imaginary grades as we go along? One the biggest failures of ÜB' s administration hasbeen to remain consistently inconsistent as to its policies, particularly those policies affecting students. The onlything that i s consistentistheir claim that they have finally gotten their act together. Several members of the faculty commented that the SBA and student representatives were unprofessional in their handling ofthe grading policy issue. Well, what does it say for a board of legal academicians, who tote themselves as being capable of deciding the professional careers of over 800 law students, if they can't even remain consistent as to how to grade for a single semester. Ifevery faculty member can individually makeup their own grading system, why can't students be involved in the fun. After all, the grades only effect our lives and careers. It can't be any harder to explain a few gold stars and smiley faces to an employer. - You HadYour Chance A few days after Bill Clinton gave his first State of the Union address, formerPresident Reagan took to the press to defend his glorious reign. Unlike Clinton, Ronnie characterized the '80's as a time of unprecedented growth and prosperity for Americans. As usual, he ignored the obvious: not for all Americans. During that same time, more American families fell below the poverty level than at any period in our history, the national deficit grew beyondbelief, the savingsandloans associations speculated themselves into bankruptcy, and, of course, homelessness increased. Now we will all pay the costs of this Reagan fairy tale. In his defense, he cites the 19 million jobs he created while in office. What he fails to mention is how most of these were low paying "McJobs," at minimum wage and with little orno benefits. Some, like Ronnie, still belief the Reagan era marked a time when all who worked hard were rewarded. In reality, some were rewarded more than others, and the new administration wants to dp something about it. Ronnie, you had your chance. Now please shut up and sit down. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibitedwithouttheexpressconsentofthe Editors. The Opini on is published everytwo weeks duringtheFall andSpring semesters. It isthestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. The views expressed inthispaper are notnecessarily thoseof theEditors orStaffofTheOpinion. TheOpinionisanon-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by the SBA from StudentLaw Fees. The Opinionwelcomesletters to theeditor butreserves theright to editfor length and libelouscontent. Letters longerthan three typed doublespaced pages willbeedited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus orUnited States Mail to The Opinion. SI JNYAH Amherst Campus,724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed l>v theEditorial Board ofThe Opinion. 4 The Opinion March 3, 1993 Opinion Mailbox DearEditor Bill Kennedy's "comic" portrayal of post-Super Bowl domestic violence is unrealistic and makes light ofthe serious tragedy ofdomestic violence. Experts disagreeas to whether domestic violence incidentsincreasewiththe airing ofcertain sporting events. However, experts doagreethatincidents increase with alcohol use and abuse. Bill Kennedy's comic strip minimizes the seriousness of the issue. Portrayingmenas thev ictims ofdomestic violence ignores the factthat domestic violence is a gender specific crime. Women are the victims ofdomestic violence in 98% ofthe reported cases. Domestic violence is the singlemostfrequentcauseofinjury to womenin theUnited States. More women die as a result of domestic violence than from muggings, serious illnesses and caraccidentscombined. Inthe Amherstcommunity alone, fiveoutofthe six homicides for 1992were theresult ofdomestic violence. Onethird ofall homicidevictims are killedby theirhusbands orboyfriends. Tofurther understand the seriousnessofdomestic violence,one mustbe educated about the crimes which stem from the physical abuse. Sexual abuse coupled withchild abuse cripplea familyriddled with domesticviolence. According to theU.S. Department ofJusticeBureau, 41%ofrapes take placeinsideawoman's homeand 50% ofchildren in battered women's shelters have beenphysically or sexually abused. Whilewe donotadvocate censorship; wedoadvocate responsibility injournalism. Cartoons trivializingthe serious socialproblemcontribute to minimizingthe terrorwomen face. As future lawyers, we should notbe sanctifying domestic violenceorany violence. Victims continually forgo legalremedies for fear ofbeing' 'revictimized'' by the legal system. Attitudessuch as thoseexhibited by the cartoon only serve toperpetuate the myths surrounding family violence. The Domestic Violence Task Force and the Domestic Violence Clinic (signed) Sue Tomkins/KatieCerrulli/Ruth Yashpan/Subrata Paul Islam & Democracy: Islamism & Secularism in the Muslim World Islam, Civil Society & Democracy: Islamism & Secularism in the Muslim World by Sharon Nosenchuck Many Americans think that Islam is incompatible with democracy. However, that isnotnecessarilytrue. OnThursday, February 18,Rusen Cakir, aTurkish journalistandhuman rights activist, spoke on "Islam, Civil Society & Democracy: Islamism & Secularism intheMuslimWorld." Mr. Cakir, focusing on Islam as a political ideology, not as a religion, drew a distinctionbetween Islam,the religion, and Islamism, which uses Islam as a basis for a political ideology. Mr. Cakir claimed that there are no democraticMuslim countries today. He said that theWestern massmedia'sexplanation for this is thatIslamas a religion isincompatible withdemocracy. However, therealreason for thelack ofdemocracy in theMuslim countries istheir contemporary history andthe present regimes in power in the Muslim countries, explainedMr. Cakir. Hepointed outthathere have been some democratic experiences in Turkey and Pakistan. In mostMuslim countries, the government is either a one-party system, a dictatorship, oramonarchy. There are many differentkinds ofregimes in the Muslim world, Mr. Cakir toldhis audience. He thinks that none oftheregimes presently inpower are Islamic. All use Islam to legitimate their dictatorships, he said, and, whenever a regime is in crisis, it refers to Islam. Mr. Cakir noted that the governments use Islamic motifs to keep their power. Civil society, separate from the state, important in Islamic tradition, said Mr. was Cakir. Muslim society created is own community and its ownrules and thestate wasresponsible for the security ofthe society; the state was dependent on the community, not the reverse. Mr. Cakir claimed thatthis relationship between the society and the state has degenerated. Mr. Cakir discussed the contemporary history ofthe Muslimcountries. Henotedthat all the Muslim countries, except for Turkey, have gainedtheirindependence since World War 11. These newly-independent countries were poor economically, said Mr. Cakir. In addition, their borders, created by Western colonizers, disruptedtraditional communities and created new communities based on these fabricated frontiers. Muslim countries accepted their defeat by the West, said Mr. Cakir. Countries felt they had to' 'catchup" to the West, so they tried to build nation-states in the Western tradition. To become civilized likethe West,theleaders of these countries felt that the traditional valuesoftheir people hadto be destroyed. Mr. Cakir explained that during the colonial period, the state had attacked the traditional functioning ofMuslimcommunities by trying to impose Western values. After independence, inthe interestof' 'Westernizing their countries, governments in Muslim countries tried to destroy the last vestiges ofthe traditional communities. He noted that the state took over manyofthe traditional functions of civil societyand society became the slave of the state. Traditional values werereplaced by the foreign cosmopolitan values oftheruling elite, and these leaders tried to secularize Muslim society. WhileIslam hadbeenableto answer many of the questions that arose in daily private life, the new ideologies did not provideanswers to these questions, Mr. Cakir said. This effort to secularize societywas not totally successful. Some people synthesized their secular education with Muslim values andanewclassofwell-educatedMuslimswas created. These Muslims criticized the state and wanted to replace the regimes with Islamic governments, said Mr. Cakir, while in thepast,Muslimsresistantto the governments were uneducatedpoorpeople. Mr. Cakir stated that this new Muslim elite criticized secularism, but not modernity. Before the Islamic revolution in Iran, there were some in the Muslim world who preached thatMuslims must revolt against the state and replace secularist states with Islamic governments, saidMr. Cakir. However, it was not until the revolution in Iran that Muslims saw thatrevolt against the state was possible. The new government in Iran was Islamist, using a political ideology based on Islam. The Islamist movement, both in Iran and elsewhere, explained Mr. Cakir, is not based on Muslim societyand criticizes many ofthe values oftraditional Muslim society. The Islamists think that the traditions prevented theformation ofan Islamic state and try to change traditions, saying that these traditions are not "true" Muslim traditions, but traditions adopted from other religions and cultures. Believing thattheir own ideology is the true one, they underestimate the values of ...Islam, continuedonpage 11 �Chew on This By Tracy Dale Sammarco I went tothe Doug Scott discussion on Planned Parenthood lastThursday night. I was going to write it up as a news story...couldn'tbedone. Everything that was wrong withthat little speech typified whatis wrongwith the abortion' 'debate onthewhole. Therewasawholelotofstrife andalmostno actual,meaningful discussion. People came to exchange insults, period. The fact isthatthe guiltyparties were both pro-choice and pro-life;the onlything that they could agree uponwas that they hadno respect whatsoeverforthe opinions oftheir opponents. I have to behonest; I wasmost disgustedby thosewho pro fessed to beprochoice-and this is my ownphilosophy. The samplingofpro-choicepeopleatthatspeech was notarepresentative onebyany stretch of the imagination. The pro-life people werenotasbad, by virtueofthefactthat<hey generally agreed with the speakerand had no occasion to heckle him. The simple fact ofthe matter is that when you're too dogmaticabout an issue, any issue, you turn offthe very people you seekto convert. Those who most zealously exhortopinionsaboutan issue dotheircause the least amount of good. I am certainly guiltyoflapsing into dogmaand rhetoric on occasion; I try to keep it to a minimum. There was a total lack of self-restraint in this area on Thursday night. Scott set the tone and the audience took the bait. Scott is an administrator for "Life Decisions International". Heholdsdegrees in Political Science and Education. He claims to haveconverted from a pro-choice position to a pro-life position on an intellectual, rather than spiritual or emotional, basis. He is certainly very well informed. He is also rude, insulting, hypocriticaland juvenile. One of the first claims that Scott made was thathe intended to show us the "facts" about Planned Parenthood. He advised that we refrain from speaking or asking questions ifwecouldnotbackup our opinions and arguments with facts orifwe planned on employing mererhetoric in our statements. Sound advice, it seemed tome. Scottthenlaunched intoa series ofmindless plugs for his cause;rhetoric, ad hominem attacks onPlanned Parenthood, its members and people in the audience, blanket statements with no discernible meaning, skewed statistical data and odd bits of literatureallegedly promulgated by Planned Parenthoodbutnotchallengedbythespeaker in any valid way. The audience members chomped at the bit until they got their chance to spit back these same sort of attacks at Scott,and at othermembers ofthe audience. Memorable evening, letme tell you. Whatkinds ofgoodies didScottimpartupon us, you mightask? Well, hementioned that the name ofthe organizationis amisnomer"Planned Parenthood". Heexplainedtous thatpeople don' tgo to P.P. toplan on being parents. Yes,all other services ofP.P. were completely ignored so thatthespeakermight focus, in arather questionable manner, on theorganization' s birthcontrol and abortion services. My question is this- isn't P.P. helping people to make certain that Features Editor move. He challenges the validity ofthe conceptof' 'plannedparenthood asthe organization employs it, and thenheunilaterallyrejects the evidence which proves thatthe organization is concerned withpromotingparenthood as a coherent and positive choice. Margaret Sanger, the founderofP.P., is a apparently a favorite target for Scott. He referred to suchnotableandrelevantaspectsof her life as these: 1. He said she frequently thoughtshewasconstipatedandsoughtmedical treatment forit. (I am totally ata loss to explain whythis isrelevant, so I won't even try.) 2. She hadmany affairs. (Was he there? Did he ever catch her in the act? How doesthisaffect the priceofteainyou-know-where?) 3. She had three children; according to the speaker this was"overthePlannedParenthoodlimit". (I don't know, sounds like a not-so-subtle inferencethatP.P. sets quotas onthenumberof children its employees can have.) Was he there? Did he ever catch her in the act? How does this affect the price of tea in you-know-where? Half-way through his speech Scott abruptly halted to accuse a woman in the audience oftaping his speech. She was not even holding acamera. He thenproceeded to chide another guy,who wastaping his speech, for doingso withouthisknowledge. Scott when on to say that P.P. recommended a book whichreferred to incestuous activitiesbetween siblings,as young children, as normal and usually not harmful. He found this to beadvocationofincest, butlaterwould not clarify his position when questionedby a member oftheaudience. Itwas one ofmany occasions where Scott proceeded as though whathewas saying wasself-evidentandneeded no furtherexplanationfromhim. Hewouldnot acknowledge thefact thattheaudience, forits part, hadnoaccess to the materialsfrom which hewasquotingand hadno wayto ascertainthat the quotedfragments were not being taken out ofcontext. Atone point Scott said,"thepenalty for being unwanted is death.'' This was one of many bumper-sticker phraseswhichScottused despitehisprofesseddistaste forrhetoric. He also articulated his transformationfroma prochoice status to apro-life one. Heclaimedthat the transformation was an intellectual process resulting from the research he had done for a term paperas an undergraduate. Heclaimed he knew "all the rhetoric" of the pro-choice stance. Moreover, he seemed to feel that he was a representative example ofthe "average" pro-choice advocate. Then, while my jawdropped onto the table in front of me, he outlined whathe apparentlybelieved to be.the pro-choice position on abortion. He said that we, those who advocate choice, believethat at somepointduringgestation thefetus' 'jumps" from being a member of some unidentified species to being amember ofthe human species. Can anyone say "exaggeration for the sake ofemphasis"? Believingthatthe fetusis not entitled to the same status as its sentient counterpart, the pregnant woman, is certainly notakintobelievingthatthe fetus makesashift fromalligator to human at the eighth week. Scott also claimed that P.P., the Supreme Court, and pro-choicepeople advocate abortion' 'rabidly and without any restrictionsduringallninemonthsofpregnancy. How does he arrive at this conclusion? He claims thatDoe v.Bolton' s stipulationthatabortions may be performed outside of the time limit otherwise deemed acceptable by the court if the pregnant woman' slife or healthare threatened is an out and out license to perform abortions at any point in the process. Scott repeatedly mocked his audience. He told one woman to "grow up", mimicked several others and adopted nothing less than a smug tone with the questioner. While I was singularly unimpressed withthe qualityoftheaudience, I will saythatthe most intelligentand articulate speakerwas ayoung woman who was aself-proclaimed pro-lifer. Shequestioned Scott's use ofstatistics, which she sawas dangerous because(hey are so easily manipulated. She also asked thathe refrain frominsulting hisaudience further,as ittended to alienate those who came to hearhim speak. By and large, the audience concerned itselfwithplaying the part of 'language police' '; coming downonScottfor using theterm ' 'congressman ratherthan "congresspeople'' when he clearly meant the former in a literal way. Thequestionswere,tobeblunt,durnb. When the occasional relevant point did come up,Scottdeflecteditby pretending to misunderstand its import. One speaker asked why Scottdid not concern himself with the economic plight ofthe AfricanAmerican community if, as he claimed, he trulybelievedthatpoverty drovewomen in thatcommunity to abortion. Itwas a question ofwhy one would concentrate on the The blame is on those who succumb to the temptation to insult and degrade the position oftheir opponents. I've done it; have you? symptom and not the disease. Inresponse, Scott said that pro-choicers would really like theiradversaries to go do something else and to stop focusing on the issue of abortion. It was one of many evasive answersduring the courseofthe evening. The foolishness went on for quite sometime. Eventually Ihad to get the hell out because my brain wasvery, verytired. I truly believe that constructive dialogue between people on both sides ofthis issue is paramount to solving this rift in our society. I acknowledge thatthereare intelligent and articulatepeople out there who are notpro-choice. The blame is onthose who succumb to the temptation to insult and degrade thepositionoftheiropponents. I'vedoneit;haveyou?lfllearned anything Thursday night I learned that I don' thave a stronger case because I defend it with violentfervorand feverish disregard for the value ofthe opposition'sthoughts and feelings. Givemeawell-reasonedandrational pro-life individual over a blithering prochoice person any day. There are aspects ofthe issuewhich will make us emotional, angry even. These feelings, if allowed to run amokand cloud ourbetter judgements, will not fail to defeat us in the end. Doug Scottand I agreeon this one point; neither ofuseverwantanotherwomantohavean abortion again. Let that be our starting pointand we'llgo from there. LATE SUNDAYNIGHTGRADUATION KENNEDY BILL conception, birth and parenthood are 'planned" events,andnotaccidents? Many ' women goto P.P. to insuretheirreproductive health. Is reproductive health not an integral part of successful reproduction, and therefore, of planned parenthood? Not according to Scott. When forced to admil that someP.P. clinics are beginning k > f<>cus on fertility issues, Scott informed his audience that this isstriclly apublic relations March 3,1993 The Opinion 5 �Journalist Explains Islamic Human Rights Struggle by Sharon Nosenchuck RusenCakirspenttheweekofFebruary 15-19attheLaw Schoolteaching thefirst ofthe Short Courses on Human Rights,'' Islam, Democracy, and Human Rights.'' Mr. Cakiris a humanrights activist and journalist from Turkey. He is in the United States participating in the HumanRights AdvocatesTraining Program atthe Centerfor the StudyofHumanßightsatColumbia. Thisisa program forhumanrights activists, as opposed toacademics, to learn about humanrights from an international perspective. Mr. Cakir chose the titleofhis course to be "Islam, Democracy, and HumanRights'' in hopes tocontribute to people'sknowledgeand understanding ofthe Muslim world. Hefeels that many do not know the real situation in Muslim countries, they onlyknow whatthey have been fed by the biased Western mass media. He feels itis veryimportantfor him to discuss theIslamic problem at an international level with American students. In addition, he said that hearing other points of view is also helpful for him. Mr. Cakir was surprised at the great amount ofinterest in his subject at UB and stated that itwas excitingfor him tobe invited here because he isnotascholar, butajournalist. hi Turkey, studentswishthey couldhave the sameresources as American students, said Mr. Cakir. He saidthatinTurkey, studentsare not as free as in the United States because the academic system inTurkey doesnotallow the same level of student participation as in the United States. He said that enthusiasm for academic research is not encouraged in Turkey. Mr. Cakir explained that hisbackground as a journalist gives him a differentperspective onhuman rights issues than that ofother human rights activists. He said that at the international level, there is a difference between human rights advocates from democratic countries withfew humanrightsabuses andthose humanrights advocates from countries in the South, where humanrights abuses are apart ofeveryday life. He stated thatthere are two perspectives on humanrights in the South. OneatntudeisthattheSouthshouldask Western human rights advocates for help by influencingtheirgovemmentsonthesubjectof humanrights. The second attitude towards human rights, which Mr. Cakir mirrored washis own attitude, is that the South must use its own resources first. He said that this approach advocates that the people in the South must struggle for their own human rights and that ...Free Trade, continued frompage 3 laborgroupsopposeNAFTAandthemannerin which its negotiations were conducted. NAFTA is nowbefore the Congress as apiece , of'fast track ' legislation- Congress canonly vote to accept orreject the entire 2,000 page document as it is exactly written- no amendments are allowed. The proponents of NAFTA want America to be like theEuropean community. They wantaNorth American economic block ofthe US,Canada, andMexico to compete in the international, global economy. Yet, Mr. Duncan pointed out that the European Economic Community (EEC) came togetherover a4O-45 yearperiodandaWorld War occurred during its formation. The EEC guarantees a social contract between 11 nations and a set level of rights of workers in each country. NAFTA doesnot. According toMr. Duncan, theUAW has 3 main complaints against NAFTA. The first has to do with the rule of origin. The UAW favors as much local sourcing as possible. NAFTAwouldallow moreand more products tobe madein othercountries, either Canada or Mexico (but particularly the latter)and w< >uld The Opinion 6 Western advocates should not be asked for directhelp, but should beasked to try to persuade their governments to stop supporting Southern countries. Mr. Cakir, citing Turkey as an example, further stated that the human rightsabuses in Turkey are perpetrated by the government, a government supportedby Westerncountries. Mr. Cakir said thatcountries oftheSouth do not need the direct help o fWestem human rightsadvocates, adding thatWestern governments support dictatorsand anti-democratic regimes and that these repressive regimes have aninsufficient base ofsupportin theirown countries. If fighting can be equalized, the societies in these countries can change the anti-democratic situation, said Mr. Cakir. He noted that torturers are trained in the United States, startingthe entireprocess. Not only are human rights advocates of countries of the South fighting against torture,butthey are also fighting the United States so that it will give up training the torturers. He said the state apparatus in manyrepressiveregimes isarmed by the Westand that if some people arekilled in third world countries, they are killed by weaponsprovided by Western countries. Mr. Cakir said thatifthe West would cease aiding these anti-democratic regimes, the human rights strugglein these countrieswould beless difficult. "Ifwe [third worldcountries] gain our rights in ourcommunities, it will be the issue ofour struggle, not the issue offoreign aid,'' saidMr. Cakir,'' ifwe wishandwefight, we can getthere." Ofthose human rights advocates who wantdirecthelp from theWest,mr. Cakirsaid, ' 'Western humanrights organizations can define your agenda." For example, the "woman problem in Muslim countries is not for usthe first question, but for Western progressive intellectuals, itis the first question." Mr. Cakir sees a difference in the agendas of Western and Southern human rights organizations because these agendas are defined by the conditions inthose countries. He said thatin the West the countries arenationstates with strong economies and democratic institutions, whereas, in the South, there are big economic and social problems caused by dictatorships, the lack ofcapital,and the absence of social and democratic institutions. He said thatthe major problem is economic, that "without jobs and money, if you have freedom of expression, what does itmean? Liberties-whatdotheymean?" Libertiesare related to economic independence and prosperity, explained Mr. Cakir, adding that, in general, the South is living in poverty and is being exploited by the West, so its human rights agenda is differentfromthat ofWestem human rights advocates. He said that "we cannot equalize thesetwo agendas, but wecan find some common principles where eachhuman being can be in solidarity with others.'' For this, everybody can make some effort.'' ' 'Nobody can diefor others, statestheKoran, said Mr. Cakir, explaining,'' Wecan be upset at the death ofpeople, but we cannot die for others.'' Mr. Cakir said thatthis was ' 'not a rejecu'onof international solidarity, butinternational solidarity also has its limits." Mr. Cakir does not see a dichotomy between humanrights and civilrights.forin the South itis a totalproblem. He said that in the South the fightfor human and civilrights are combined in a more general fight, such as fighting fordemocracy. An approach that Mr. Cakir dislikes is the attitude some have that when a regime changes, everything will be allright. He said thathe does not think this is so. For example, in Iran, whentheregime changed,everything was not allright, especially civil rights. He stated that in the South, "we must analyze eachright independently,but as the problemof democracy is very general,we must combine all theserights. We shouldadvocate all these rights, butwe shouldcombine them in ageneral strugglefordemocracy.'' even include some Mexican-made cars as American-madeproducts. WestemNewYork (WNY) would be particularly hard hit by NAFTA in this regard. Mr. Duncan cited a study completed two years ago which was conductedby theMichigan Auto Study Center and thatconcluded that ifthe auto industry left WNY, $4 billion dollars would be lost in the WNY economyand thiswouldresult inleaving WNY as the mostimpoverished region in this partofthe country. The second complaint of the UAW against NAFTA has to do with the loss of American jobs. The UAWfavors aminimum effect on the American consumer but wants American workers to keep their jobs. Presently, as it stands now withoutNAFTA, General Motors has 30 plants in Mexico with 43,000 employees, Fordhas 12plants inMexico with 17,000 employees, and Chrysler has 12 plants in Mexico with 16,000 employees. NAFTA would open the floodgate for more American jobsto be lost to Mexico. All these plants andjobs arejobs thatAmericancitizens could be working on,contributing money to the economy with, andwouldlead to lower unemployment rates. The thirdcomplaint ofthe UAWagainst NAFTA dealswith the CAFE- Corporate AverageFled Economy. All the cars made inthe US have to meet CAFE requirements and standards. Yet, PresidentBush favored allowingMexican-made smallcars to bemade under Mexican standards and then be considered American-made, withouthaving to meet US CAFE standards. NAFTA would allow this. The UAW isafraid the smallcarmarket ofthe US will go to Mexico and that a wholepart of the industry will be lost. In addition, Mexican labor laws are better than US labor laws- on the books. In reality, the workers are denied basic civil rights. In the maquilladoras, child labor is rampant. Abuse of women laborers iscommonplace. Union organizers are oftentimes arrested and tortured ormurdered. As noted, Mexican Labor Laws are better than the US; the problem is that there is no enforcement mechanism. The same problem, that of lack of enforcement, also applies to Mexican environmentallaws. They are strong onthe books, but there isnoenforcementmechanism. President Salinas, upontaking office, decidedto keep all theenvironmental agencies. The onlyproblem is thathewithdrewall money andfunding from the agencies resulting in a paper tiger effectenvironmental agencies that exist in namebut have no financial funding to do anything. ThosewhofavorNAFTA's passage of- March 3,1993 "without jobs and money, if you have freedom ofexpression, what does itmean? Liberties—what do they mean?" The strugglefordemocracy is very long, large,and general,said Mr. Cakir. "Democracy will never come in one day, sothe democratization process, the evolution to democracy, musttake some specific struggles.'' Mr. Cakir noted that he does not mean that the Southmust focuson democracyand exclude other struggles,because' 'the strugglefor each right must beconsidered, but withoutforgetting their inter-relation and their link with democracy. Ifwe succeed withthe strugglefor theserights, we can reach democracy.'' In democracies, the partition of civil rights and humanrights organizations is normal, said Mr. Cakir. In democracies, there is theluxury to have organizations thatonly focus on one issue. However, in anti-democratic countries, even organizations with onlya specific goal must be in solidarity with other humanrights organizations, because theproblems are a result ofthe lack ofa democratic system. He said thatthe United Stateshas the foundations of democracy and civil society, butfor the South, the problem is to build these structures. Mr. Cakir sees human rights abuses in the United States, too, citing the problems of racism and racial discrimination. Headded that he thinks the homeless problem should also beofgreatconcern to Americans. Homeless people may have freedom ofexpression, but this right has no meaning tothe homeless, said Mr. Cakir, for they need jobs,shelter,and homes. The danger ofChristian fundamentalism inthe United States isas dangerous as mat ofthe fundamentalism in the Islamic world, Mr. Cakir noted. He said that in the United States, freedom isnotendless foreverybody. He used as an example the situation in Colorado with respect to gay rights, pointing out that, because in the United States freedom is not endless, humanrightsand civilrights problems arise. Mr. Cakir also said that the European countries have less human rights problems than theUnited Statesbecause ofthe European culture. An important difference thathe sees in Europe is that in Europe, there is fighting between citizensofacountryandnon-citizens, outsiders. However.intheUnited States, there is domestic conflict, citizens fighting among eachother. Hepointedouttheethnie and racial conflicts betweenKorean-Americans and African-Americans and A frican-Americans and JewishAmericans. Notonly are theEuropeans morehomogeneous, but becauseoftheir own histories, they have less humanrights problems, he said. Pointing out thatthe history of the United States begins with a massacre of Indians, Mr. Cakir said thatthe United States has an ancient civilization, but Americans ignore this era oftimebefore the Europeans came to NorthAmerica, creatinga new civilization and their own history. Mr. Cakir concluded by saying that he liked Buffalo, finding it otbea very beautiful city. He said that it was the first timehe had seenthiskindofcity. He was surprised by the quality of Buffalo's bookstores, saying that Talking Leaves Bookstore was veryprogressive and intellectual, and Barnes and Noble Bookstore was very good,also. Henotedthat it is very meaningful to have such a large bookstore in a city the size ofBuffalo. He explained that in Turkey the bookstores are small, and many are now closed. Itwasanew experience for him to be in a city that has so many students in proportion to its general population. ten point to the employmentretrainment program proposed withinit. Yet, as Mr. Duncan pointed out,whatare you going toretrain a 55-year-old automechanic who hasbeen working oncarsforovertwentyyearstodo? Becomea master computer programmer when people withcollege and graduate degreescan not find jobstoday? TheUAWfavors fairtrade as well asfreetrade. ThehumanelementofNAFTA's effects is often overlooked. The profits of corporations are given great consideration. Yet, thedignity and self-respectofworkers are not even part of the equation. There is no partnership between labor and management. President Clinton so far appears to favor the passage ofNAFTA, butadvocates protecting employees and the environment. Howhecan accomplish bothwithNAFTA beingapieceof ''fast track legislation is not known. For those people interested in learning more about orreceiving information on the NAFTA or thenationalcampaign ofthe Free Trade Committee Campaign, you may write to: Mr. James A. Duncan, Jr., United Auto Workers,Director New YorkState CommunityAction lYogram Council,Region 9,WesternNew York, 4285 Genesee Street, Buffalo, NewYork 14225-1968. Thetelephonenumber i5(716)632-1540. �...Spike continuedfrompage 1 Malcolm X, whichLee calls a dramatic film, andnotahistoricdocumentary. Thestorywas originally written in 1967 by Alex Hailey and several versions ofthe scripthadbeen written over2oyearsago. WhenLee first heard that the film was about to be done, italready had a directorand Denzel Washington hadalready been selected to play the leadrole. Lee said he fought to take over the director's chairand was successful inconvincing thealready selecteddirector' 'thatcertain films obtain a certain richness and quality whenthe directoris ofthe samebackgroundas thecharactersportrayed." Lee then compared his argument to the distinguishing works of Francis Ford Coppola and Martin Scorcese, who wereable toapply theirpersonalexperiencesas Italian Americans to directsuch films asTheGodfathertiilogyandßagingßull. He felt thatamovieaboutsuchadynamic African American figure "had to done byanother African American." Lee gave much of the credit for the success of the film to the excellent performanceofDenzel Washington. Although Washington had previously played Malcolm X in a play When Chicken's Come Home to Roost, prior to theplay, Washington hadnever heard of Malcolm X. Lee was amazed at how , Washington was able to ' 'shed his skin ' so many times throughout the film as he played theverycomplexrole. HeaddedthatWashington changed his dietfortherole by eatinglittle red mcatand no pork products oralcohol. Lee also statedthatWashingtonalso tried toreach a "deep spiritual level fortherole. "Attimes while filming, Denzel, while speaking Malcolm's words verbatim, wouldcontinue for ten minutes after I said 'Cut,"' Lee said. Washingtonusually couldnotrememberwhat hehadsaid when hefinished speaking. Lee felt it was unique experience for a filmmaker. Whenasked whetherthe 3 hourand 21 minute length ofthe film may have turned off many theatergoers, Leeresponded,'' Some 10 yearold's watched the filmand wereriveted to their seats." Headded, "During Malcolm's lifehe went through manylifechanging, com- Steven Spielberg to call this talented, young, black, filmmaker," but no callscame. Hethen rounded up some friends from film school to make another movie entitled Messengers. However,due to his naivete, and shadyproducers, he was unable to finish the movie. Itwas this failurethatmotivated him in 1985 to do a movie thatonlyrequired limited timeandlimitedmoney. Thatmoviewaste's Gotta To Havelt, whichtook only 12daysand $12,000.00to film. However, themoneyforthe film never came in a lump sum. They had to collect soda cans and bottles to buy film and wouldwaitforthepostmanhoping acheck was in the mail. After editingthe movie, the cost rose to $ 175,000.00 and it was later sold to Island Films for $475,000.00. The fAmShe 's GottaTo Hαveil, which grossed$8.5 million, gaveLee exposure and respect withinthe film community. Lee's said his second major project, SchoolDaze, was inspiredby his coliege years at Morehouse. He attempted to show the struggleswithintheblackcommunity between "lightskinned" and "darkskinned" blacksas played out on a college campus. He commented that many African Americans were upset thathe was exposing their''dirty laundry,"buthis response isthat dirtylaundry can not be discussed in a vacuum. "Youjustcan't keep whites outofamovie.. .itcan'tbedone." Lee also wanted School Daze to show the extentthatpeople will gothrough to belong toagroup. Reflecting onhiscollege years, Lee said,' 'I wasamazedby the brutality [people] would put themselvesthrough to belong when they have littleknowledge ofself." He added thatwhile filming theprojectatMorehouse,he and his film crew were kicked offthe campus bythecollege'sPresident. Leejokedthatnow he is on the board oftrustees at Morehouse. In his third major film, Do The Right Thing,Lee was inspiredby theMichael Stewart incident inBensonhurst, Brooklynwhere three plex trans formations that even AfricanAmerica males werechasedandbeaten a 5 hour movie would not be by a mob of Italian-American males, which Lee iscurrently showresulted in the death ofMichael Stewart. He was also motivated by a riot at a New York ing the film, Malcolm X, to prison inmatesacross thecouncommunity collegewhich grewoutofanargument in a student lounge over what type of Iry. Theideawassuggestedby music shouldbeplayed. Althoughchargedby Mike Tysonwhorequested that themediaofpromoting hatredandracism, Lee the film be shown during last saidhisfilmwasnotmeantgiveananswer. "I Thanksgiving at the prison simply hold up a mirror to present day life in where he is currently incarcerated. LeementionedthatTyson Americaand say, 'Look!''' Lee said his film, Mo'BetterBlues was said thatthe film had inspired him,and otherinmates, to make meant to be a pictorial ofa young jazzmusician, played by Denzel Washington, who's a change in their lives as number onepriority in life is hismusic andhow Malcolm X did when an exthe women in his life dealtwith the fact that convict. The film was also theywerenotnumberone. Lee alsocompared shown at Rikers Island last the main character,Bleak, to an athlete who's weekend which marked the only priority in life is his sportuntil one day he 28th anniversary ofMalcolm is injuredby that same sportand can no longer X'sassassination. Although many have play the game. Such was the result in Mo' said thathe is to begin a new Better Blues. movie on the life ofjazz musiYetanother film prompted by the headlineswas JungleFever. Lee saidthat film was cian MilesDavis, Lee ended triggeredbytheslayingofyoung YusefHawkins his speech by saying thathe is in Brooklyn, New York, who was shot in an taking a rest after completing sixfilms in seven years. Now Italian neighborhood whileanswering aclassified ad to buy a car. Headded that he also he is planning to work as an executive producer, cultivatwanted to discuss the issue ofinterracial relationships. Lee said' 'I don'tthink interracial ing young talent Attheendof his talk, he gave his office's relationships are impossible, but the characters in the film came togetherasaresultof the mailing address and fax numsexual mythology which exists in America. ber for anyone interested in for him in thefuture. The character, Flipper, boughtinto the image jsxexpressed the hope thatbeauty was determinedthe whiteness ofa financial success with women's skin. .and the character, Angie, initially bought into the myth thatall African Malcolm A' will send a signal to AfricanAmerican investors American males are studs.'' Lee saidhe also wantedJungle Fever ia that they can make money inreflect the damage drugsplays in destroying vesting in African American the African American family and took the films. WhenLee wasasked if scene wherea son isshotby his father, who is he wanted to be remembered a minister, from thereal life slaying ofMarvin as a "great Black filmmaker or just a great filmmaker", Gaye Jr. by his father, Marvin (iayc Sr. A large portion ofLee's one hour and I <xα-spomkxl, "IhaveiMtpn>bthirtyminute speech wasabout his recent film. Icm withbeing black." . Alumnus Interview: Ed Peace, Class of 86 bySharonNosenchuck Ed Peace, a partner at Hodgson, Russ, Andrews, Woods &Goodyear, graduatedfrom ÜBLawSchoolin 1986 and became apartner atHodgson,Russon January 1,1992. Mr. Peace works in the Business Law Department and said that his practice focuses on advising all typesofbusiness,to' 'do whatevernecessary to make a business more successful.'' Some of the things hedoesincludes internationaltransactionsand othermergerandacquisition business, intellectual property law, immigration law, and sports and entertainmentlaw. Mr. Peace said that, originally, he planned to go to UBLaw School forone year and then transfertoa school suchas Harvard or Yale. However, after spending ayearatUß,he decided hewould stay at UB because heliked it. Mr. Peace said that, at first, he had not planned to stay atUB because the school does nothavename prestige, butafterattending ÜB, he decided that he' 'did notneed the prestige ofthe name." Herealized thathecould get as goodan educationatUB asanywhere else, and get that education ata goodprice.Recent UB Law School graduates are' 'equal, if not better," than graduates of other law schools, claims Mr. Peace. Ed Peace enjoyed ÜB, finding itintellectually stimulating. He "did not want a three-yearbarreview course" and "liked the UB approach to things." He also liked the policyapproach-''the big pictureapproach.'' He said that if you approach the law and the worldmyopically, you getleft behind. The Buffalo approach is to be able to makepolicy arguments, notjust statutoryarguments, Mr. Peace explained,and Buffalo does that, whileotherlaw schools donot Itis seeing the interaction between law and society, as opposed to seeinglaws as abstractand separate from society, he stated. His favorite professor at ÜB, said Mr. Peace, was JackHyman, who he thought was a "wonderful" professor, followed by Lou DelCotto. These men made you think and apply whatyou were learning, said Mr. Peace, they didnot makeyou memorize. Mr. Peace's favorite activity while in lawschoolwasservingtheßahaifaith. Active in extracurricular activities while he was in law school, Mr. Peace servedas the Secretary oftheßlackLawStudentsAssociation(BLSA) and as the President ofthe UB Professional Students Association, an association ofgraduateand professional students. In addition, he participated in the International Law Society, the Entertainment Law Society, the Bahai Association, and the Law School Appointments Committee. He was proud of several things that he accomplished while at theLaw School. These accomplishments had "elevated the discussion of inclusion," he said. One accomplishment occurred whilehe was on the Appointments Committee, saidMr. Peace. He explained that, originally, potential appointmentsmet withthewhole studentbody. A problem with this procedure was that minority students did not get a chance to participate inthe process. Mr.Peacehelpedto initiateapolicy thatall prospectiveappointees meet separately with minority law students and othersto address minority issues.'' Mr. Peace stated this wasaproudmoment because it wasanacknowledgementof the diversity of points ofview at the Law School and thatyou cannot let a dominant majority have all the input Additionally, Mr. Peace said that he was proud thathehad helped definetheaffirmative action program for the Law Review. He had friends onLaw Review andthathe gavethem ...EdPeace, continued on page 9 ■■■■■■■ MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. LOCATION LOCATION LOCATION With the most students, BAR/BRI provides the most convenient course locations. If BAR/BRI is not very close by, chances are there is no other course nearby either. Eg BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. March 3,1993 The Opinion 7 �The Roaming Photographer byPaulßoalsvig,,PhotographyEditor What do you really feel is the biggest problem with this law school? John Munro, 2L: Moe, IL: "Buffalo and the Bills!" ' 'Not enough support on the part ofthe school to help us find jobsafter we graduate." ...Moot competition, but"a unique opportunity tomeet so many people with a common interest in environmentallaw." Hesaidhisfeelingswere neither she nor Spitzer had any coaching in drivenhome by thelargenumberofrenowned preparation for the competition. "We didn't of the environmental bar who atmembers have time to geta coach. We only knew our tended the event. It is his hope that UB will argument." BothUßcompetitorsmentioned participate in next year's competition. that they were surprised to see somany teams Spitzeralso praised theEnvironmenwithas many as two coaches per team. tal Law Clinic at ÜB, which is under the Asherfirstmootcourt competition, directionofProfessorNUsOlsen, forproviding Beiring found the experience increased her training necessary to prepare them for the the confidence in arguing before the court and she brief writing and legal analysis needed to '' enjoyedthe challenge oftesting her intellect compete. He mentioned that he and Beiring againstthe judges.'' workedonareal case whichwas similar to the In reflection, Spitzer viewed the theoretical example in the moot exercise. eventto be more thanagathering ofstudents for The prizefor the winningteam is the continued'frontpage 1 Sleepy Surprise: "The Crying Game" byRobert Garnsey By nowyouhaveprobably heard the buzz about Greil Jordon's The Crying Game, on independent film made on a shoestring budgetwhichrecently garnered ahand fulofOscarnominations. Thanks to theresulting publicity, TheCry ing Game has now graduatedfrom thearthouses to themultiplexes. Go checkitout whileyou can because it's one ofthe bestand most original films you will see this year. It's hard to talk about The Crying Game without inadvertently revealing some ofits more intriguing (and memorable) surprises, but I'll resist the temptation. Basically, the plot involves aBritish soldier(Forrest Whittaker) taken hostage by IRA terrorists. In due course, the soldier, Jody,forms andunlikely friendship with one ofthe terrorists, Fergus (Oscar nominee StephenRea), whoseheart clearly isnotin the IRA cause. Jodymakes Fergus promise him, in the event heiskilled, to go and look up hisformer lover, a London hairdresser (Joye Davidson, also tabbed for an Oscar). Thus weare set up for the films most joltingrevelation. In the course ofthis unusual story line, Jordon'sfilmexploresnumerous topics, ranging from race relations to politics to the meaningof"humannature." Though the pace is a slow at times, it is never tedious, moving back and forth unpredictably between dark comedy, politicaldramaandexplosivevioience. There are strong performances from the cast of relatively unknowns, particularly Miranda Richarsdon as a terrorist every bit as fanatical as Fergus is ambivalent. I'art fable, part thriller, and parl tragicomedy. The Crying Game is a Him dial's impossible to categorize. Don't miss il. 8 The Opinion Suzanne Cristo, IL: Mary Mitschow, IL: "Gosh it'scold." "I hate the parking." right to displayan original watercolorpainting entitledDawn Storm King by the celebrated artist, JohnHusky. The location forthe painting at UB was not determined at time of publication. Should another team win next year'scompetition,Uß willretain aprintofthe watercolorto recordthe victory. - ...Perjury continued frompage 3 tfaatwaspublished in the Congressional Recor<j, alengthy bookreview essaythatwas published in the Buffalo Law Review, and two prepublications onfileattheßaldy Center. Albert, nevertheless, feels thatnone ofthe otherfour ... Ed Peace The majorchallenge facing every personin Americaislearning to live with diverse people, Mr. Peace said. Americans "have alotofinputon theaffirmativeactionpro gram. learnedto work with,butnotlive with, diverse Mr. Peace said that this was "all under the people andthey' 'have come a long way,but rubric ofincreasing divergentpointsofview.'' haveanawfullongwaytogo." Wemusflearn Ed Peace is proud that he helped "to to appreciate and value peoplewho are differelevate the discussion concerning the oneness ent from ourselves,'' he stated, and " mostof ofmankind at the Law School and thathis that effort of valuing must come from the "inputaboutdiversitywastobuildunity." He dominantmajority culture.'' Mr.Peace pointed statedthattheLaw School' 'didnothave unity out that Americans must "learn to value the by having one group become dominant and minorities,not [just] tolerate minorities. He becomeinsensitivetoothergroups." Hisonh/ addedthat people should' 'value, appreciate, n' regret about the law school experience is that respect minoritiesand lear 'how to enrich he wished thathehad donemore forbuilding [their] own experienceby including people of the onenessofmankind. His proudest accomplishment since "Historically, all kinds of graduatinglaw school wasto sing in the Gospel preferences[have been] given, but Choir at the Bahai World Congress in New we don't talk about those.... If [we YorkCity lastNovember. He explained thatit are] going to getrid preferences, of was a joy to sing with 30,000 people from get rid of them all." aroundthe world, fromall differentbackgrounds -EdPeace and ethnicities, and that it was an experience oftremendoussharingamongpeople. Second diversebackgrounds in[their]personal life.'' to that experience, he said,was the symbolic Mr. Peace, discussing affirmative acvictory ofbecoming a partner at Hodgson, said thatthe objective ofthese programs, tion Russ. He saidthat, tohisunderstanding, hewas to broaden programsis diversity. A ffirmative the first African-American partner in a large not action does lower standards, itbroadens law firm in upstate New York,and noted that that's criminal. Mr. Peace said that he was standards, Mr. Peace added. The "top attor"cracking the glass ceiling" and that the neys around the country may ormay not be on victory was symbolic, more than personal, law review," he said, and things like law because it was "more importantforthe Black review are a''narrow measure ofwhatmakes agood attorney." Thereareother skillsneeded folks." In addition, Mr. Peace was proud of to be agood attorney beyond taking testwell. servingas president ofAttorney Access, ajoint Some ' 'may bring much more to the table program ofthe Erie County Bar Association besides test scores,'' and somebody who may and the Minority Bar Association ofWestern not be doing wellby traditional standards may NewYork. Thepurpose ofAttorney Access is be a good attorney, he continued. He noted that to get minorities into law firms in the private there is a''problem withgoing by thenumbers. sector, said Mr. Peace. Mr. Peace said that What abouttheperseveranceofsomebody who because of the historic discrimination in law gotas far as law schooland did not quit? [That] firms, the vast majority ofminorities work in says a lot about a person's character." He (he public sector and that it was heartening to asked,' 'What about interpersonal skills? .Interpersonal skills are a very large part of see some progress being made. continued from page 7 March 3,1993 . pieces count as far as evaluating tenure. He believes that the Tenure Committee is only looking for published articles, and does not consider bookreviews, orcongressional testimony. Albertconcludedthatifany ofhis views ontheBlum' sscholarship cited in theaffidavit are not accurate,' 'That's not a lie. That's a mistake offact." Nevertheless, according to the guide entitled, Law School Promotion and Tenure Standards, unpublished work is considered. That would include Blum's two articles forthe Baldy Center. Additionally, bothlegislative beinganeffectiveattorney." Mr. Peacenoted that "it may be that different cultures put different emphasis on interpersonal skills." Speaking on the subjectofthe LegalMethods Program (LMP) at theLaw School, Mr. Peace said that the program can aid those whohave nontraditional skills. Headded that LMP is importantfor all law school students, not just those enrolled in LMP. It is important for twenty-one year oldkids rightoutofcollege to interact with other kinds of people. It was important to "increas[e] [the] inclusion of diversity, not alongracial orethniclines,'' but to include everybody. ' 'Historically, allkinds ofpreferences [have been] given, but we don't talk about those,'' said Mr. Peace. ' 'If[we are] going to getridofpreferences,getridofthemall." He is not against preference, said Mr. Peace, because preferenceadds to the diversity ofthe studentbody. Hepointedoutthattheincreased talkabout diversity in the 1990s is more talk than action, because we are still learning to apply theaction. Increasing diversityisgoing to be a verypainful experience, butthat itwill be our onlysalvation. Mr. Peace said thattheadvicehe would offer law students graduating today is''not to be too hungup on career" and' 'beingaperson is more important than being a lawyer.'' He explained thatour identity should bemore than being a lawyer, our identity should be how to serve our fellow man. If you want to bean attorney,be the best attorney youcan be, but do itin a spirit ofservice. That thisattitude must be balanced with the willingness to make the appropriate sacrifices to develop expertise. Mr. Peace concluded by saying that he hoped that the "Law School would become renowned for promotion ofthe principle ofthe onenessofmankind and that UB Law School graduates would''become champions andadvocates of that principle as well, and start practicing it now." �...Aruri continued from page 1 Israel, however, notapply. believes thatthese terms do The heart of Dr. Aruri's presentation centered onthe peaceprocess between Palestineand Israel. Today, according to Dr. Aruri, this process isdominatedby US intervention andnotbytheUnitedNations. Hepointedout thereal conlradiction between the globalconsensus inthe 19605-1980sontherequirements for the resolution ofthePalestine-Israel conflictand what existstoday-a "peace process" dominatedby the US. Onthe one hand, there was and is a global, international agreement between countriesand a solidmajority ofthe GeneralAssembly in the UNas to howpeace shouldbeachieved. Ontheolherhand.thereis the unilateral present peace process dominated by the US as the sole conciliator, in which the US decides the peace and dictates theprocess. Thegoverningprinciples ofthe global, international consensus for theachievement of Palestinian-Israeli peace endorsed two points. First, it endorsed theIsraeli withdrawalfrom the occupied territories in accordance with Resolution # 242. Second, itendorsedtheright to self-determination for the Palestinian and Israeli peopleleading to amutualrecognition through a two-state solution. The global consensushas an awareness and acceptance of the Palestinian cause leading to a mounting legitimacy for Palestinian peace. ThePalestinianNationalCouncil(PNC), which is in exile, favored the principle ofa democratic secular state, in which a single state would exist with equal rights for all regardless ofany criteria(religion, sex, etc.). This position was first espoused in 1968. Between 1968and 1977, Dr. Arurireported that the PNC scaled down its proposalofequality to a mini-state in the territories ofthe West Bank and Gaza. The Israelis call these territories Judea, Sammaria and the Gaza Strip in an effort to not recognize Palestine and deny the Palestinians the concept ofpeoplehood. This is illustratedby theIsraelis calling them inhabitantsandnotcitizens. hi 1976,aresolution wasintroduced into theUN Security Council by thePLO, but theUSgovernmentvetoed itdown. Dr. Aruriwentontostate thaton October 1,1977, the US and the USSR issued a joint communique calling all parties to theconflict tomeet under the auspices ofan international peaceconference to be held inGeneva and to be held on the basis ofUN Resolution # 242. President Jimmy Carter was instrumental in calling foran international, globalapproach to peace. However, theconferenceactually ended upbeingheldinCampDavidinl97B. Thiswas followed by the USrenouncing its own joint communique. Dr. Arurireemphasized thecompetition between the internationaland USapproach to Palestinian-Israeli peace. He is wary ofthe peaceprospects inthe Middle Eastin so faras he draws an analogy to the harshness ofthe WWI peace treaty on Germanythatlead to the riseoffascismandHitler. The USapproach to peacedoesnothave the sameconsiderations as the international consensus and may well indeed be too harsh. The global, international consensus wants an international peace conferencewithaninternational focus. Israeldoes notwantthisandtheUSdoesnotbackthis. The USwantstobethesolenegotiator. Thus,lsrael and theUShadameeting ofthe minds thatled to aregional conference, with directnegotiations between Israel and Palestine withoutthe UN, without any resolutions, and without a mediator. The Israelis do not even allow the Palestinians to choose their own representatives. Dr. Aruri has no vision ofthe future outcome. He predicts, but hopes that he is wrong, that even ifthereis a peace settlement, it will be achieved through duress and nonmutuality.andthatitwillnotlast. Dr.Aruri closed his comments noting thatjustrecently Palestinian peopleweretorturedand harassed by the Israelis. SBA Briefs Student Fee Referendum The results ofthereferendum are as follows: 264 voted formandatory studentsfees 53 votes for voluntary studentfees. 317totalvotes The studentactivity fee will continue to bemandatory. I know I speak onbehalf o fall thestudent groups when I sayThank You. SBA Budget Reforms Overthenextthreeweeks the SBABoardofDirectors will be debating, discussingand voting on a number ofbudgetaryreforms and guidelines. Ifyouhave any suggestions, ideas, hopes or aspirations, please speak withyour class directors whowill be happy tohandle yourconcerns. Student Speakers Candidates for student speaker must place theirnames onthe list hanging in the SBA officeby5:00p.m. onMarch 12,1993. Thelistofcandidateswillthenbepostedoutside theSßAofficeonMonday,March 15,1993. The electionwill be held duringthe SBA Executive BoardElectionsonMarch23 &24,1993. Executive Board Elections Petitions for the offices ofPresident, Vice-President, Secretary, and Treasurer are available outside the SBA office, Rm 101 O'Brian Hall. -PetitionsdueFriday, March 12,by 5:00 p.m. -CandidateStatements due to The Opinionby Friday. March 12,by 12:00p.m. -Official Candidate list willbe posted outside the SBA office on Monday, March 15, 1993. -Candidates Forumweek ofMarch 15. -Elections March23 & 24. Student Organizations Budget Hearings are approaching fasterthanany ofus wouldlike. To ensure thatyour groupcomplies withthe policiesand procedures ofthe SBA, Iam asking you tomake an appointment with SBA Treasurer Stephen Lee. Unposted Grades The following professors had yet to post grades for theFall 1992 semesteras of 12:30 p.m. February 25,1993. iw505 iw609 iw694 iw730 iw750 iw751 iw814 I ( SiGN UP NOuJjSAVE jfZOOy I CriminalLaw Corporate Tax Extenshp T.& V. Home Law, Gender,& Equality AmLeg Ed &Theory Slavery TerrorsmiHome Ewing Battaglia Marcus Finley Schlegel Binder Marcus The self-imposed faculty deadline to post gradeswas February 15. Four Local Bands Headline CIRCLES Benefit I I ■■■■ ) m i&A I in m//9)il)l Ww ~ m The 2nd Annual Circles: TheBuffalo Women's JournalofLaw and SocialPolicy fund raiser will take place at Nietzsche's on March 18,1993,10p.m.-3a.m..TheJazzabels,KathyMoriartyandPlanet 9,Gary Storm andthe Seventh Generation, andThe Hot Cargo String Band are the line-up for an evening offolk, rock, jazz, old classic, and hot original music. Tickets may be purchased at the door for $5. Circles is an interdisciplinary journal published by students of the State University of New York at Buffalo School of Law, the Department ofComparative Literature, and otherinterested students. Circlesprovides a forum for exploring the legal and social challenges facing women of diverse races, classes, and cultures. The media ranges from articles, commentaries, poetry, fiction, book reviews, photography and artwork. Circles, in its second year, is dependenton grants, donations, and fund raisers for funding its publication. All proceeds from the benefit will go to publication of the second volume ofCircles. March 3,1993 The Opinion 9 �UB LAW SCHOOLTASKFORCETO HELP DOMESTICVIOLENCEVICTIMS BY SERVING AS AN ADVOCATE DURING NEW WEEKLY PROGRAM -- BUFFALO, NY. Students at the State University ofNew York at Buffalo SchoolofLawareexpandingtheireffortsto help victims ofdomestic violenceby serving as lay advocates during anew, weekly program at the law school. During the program, which willbe held on Wednesday evenings, beginningFeb. 17,studentsfrom theDomestic Violence TaskForce will fill out petitions for Family Courtand arrange for volunteers to escort women to court. The Wednesday program will operate in addition to the task force's Tuesday evening program,where studentsassist an attorney who providesprobono legaladvice ona variety offamily lawtopics, including divorceandchild support, custody andabuse. The task force differsfrom thelaw school's domestic violence clinicalprogram in that thetaskforce is astudent-initiated,all-volunteer group, while students whowork in the clinical programreceive academic credit. '' We try to make iteasier for these women. Weknow the procedures, where to go for help," says Ruth Yashpan, a third-year law student who coordinates the task force'sactivities withSubrataPaul,also athird-year student. "Wewantto takeoutthe intimidation ofthe court system and the (women's) partners.'' While the studentscannot offer legaladvice — they hope to addan attorney to the Wednesday program in the future 'we can givewomen their options and support —' them,'' Yashpan says. For example, filling out Family Court petitions at thelaw school will shorten women's actual visitsto court,'' sparing womena half-a-day spent inthe intimidating court setting,'' Paul adds. The session also will serve as alearning experience for the students. They will receive valuable experience going to court and working with clients, and also gather information on howjudgesand the court system in general are treating these women. In addition to the Tuesday and Wednesday programs, the task force has held informational meetings to increase awareness ofdomestic violence, and published a brochure describing legal avenues available to victims of domestic violence and the servicesprovidedby the task force. The brochure is distributedthrough theUß student counseling and health centers. Paul and Yashpan hope to send copies to community leaders. All calls to the task force, which received theNew York State Bar Association's StudentEthic Award for 1992,are strictly confidential, Yashpan and Paul emphasize. Anyone interested inattending the Tuesday orWednesday programs should contact the taskforceat64s-2782. Write forThe Opinion A TTENTIONLA W STUDENTS This is your last chance to join Phi Alpha Delta Law Fraternity for Spring 1993. If you are interested in joining America's strongest legal fraternity, see Saultan Baptiste, Box 611, or Wendy Kowalczyk, Box 437, by March 6,1993. Initiation is scheduled for March 9,1993. Commencement 1993 Commencement 1993 will take place on Sunday, May 16, 1993,at 6:00 p.m. in the Alumni Arena. A reception will be held, immediately following the ceremony in the Student Activity Center. More details on that at a later date.There is no limit on the number of guests you may invite to the ceremony or thereception. Rent the cap, gown andhood at theUniversity Bookstore now through April 2nd for just $45.90 UNIVERSITY UNION ACTIVITIES BOARD Women forWomen TheUniversityatßuffalo'sUnionActivities Board isproud topresentaperformance by two women musicians withproceedstobenefitUß'snewly founded Women'sCenter. OnFriday,MarchsatB:oop.m. in the GloriaParks Community Center(comer of Mainand Heath Streets), Judy Gormanand Ani DiFranco will each take the stage and demonstrate their ownindividual, extraordinary talents for an evening of enchanting songs. Having played colleges andcities cross the U.S.and Europe, Judy Gorman will finally makeher Buffalo debut. She combines folk, blues and gospel to create a unique sound filled with meaning and emotion. With therelease ofherfourth album, PuddleDive. Ani DiFranco continues toprove sheisBuffalo's anti-folkheroine. The combinationof DiFranco' svoice,melodies and lyrics give her performancesan almost hypnotic quality. A fter justone performance, you will behooked. Tickets ares6forstudents and $8 for non-students. Tickets are on sale at theUB Ticket office, Home ofthe Hits,New World Record, Buffalo State Ticket office and Record Archive. Questions shouldbe directed toWAB at645-2957. The Humor and Wisdom of Henry Rollins ' 'Ifyou 're something all the timebesides alive, it might as well befunny -Henry Rollins March 7,1993 Buffalo is fortunateenough to be graced againwiththeeloquenceofHenry Rollins onMarch 7 at 8:00 p.m. in Slee Hall, at the University ofBuffalo, Amherst Campus. In the tradition ofNietzsche, Rollins will perform his now famous spoken wordlectures. Touring to promote his double spoken-word album, Boxed Life. Rollins is a mix of comedian and realist. Rollins is widely known as the leaderofThe Rollins Band, but his spoken word performances have gained a fanatical following oftheir own. Topics ofconversation could range from the seriousness ofhis best friend'sdeath, to the satire ofthe instructions on the insideofa condom box. Spoken word is nothing new to Henry-he's been tell inghis stories on stage at poets' and writers' clubs for 10years now. For more information on the show, please contact Malt I/Crncr at (716) 645-2957. Photo passes can be requested in writing 3 weeks prior to March 7. 10 The Opinion March 3, 1993 Hearing on theViolation ofWomen's Human Rights An "IntemationalHearing on the ViolationofWomen'sHuman Rights" will be heldThursday,March2s,l993 from6:3o- 10:00p.m. in theauditoriumofthe Buffalo Museum of Science, 1020 Humboldt Parkway. The hearings are sponsored and organized by the Human RightsCenter oftheUniversity atBuffalo andVIVE, Inc., an organization of world refugees. The event is free and members ofthe public are encouraged to attend. The hearing is being heldto document female humanrights abuses around the world, including withinthe United States. The Buffalo hearing will focus on refugee women, women who are victims of domestic violence, and women in poverty. Testimony will be taken from women who have directly experienced human rights violationsand fromservice providers,academics, andactivists whohave both worked withthese womenand have advocated on behalfo fwomen inWestern New Yorkand aroundthe world. Persons offering testimony include womenfrom SomaliaandLiberia, as wellas stafffrom the Centerfor Victims ofTorture in Toronto and Haven House, a Buffalobased crisis center for women victims ofdomestic violence and theirchildren. Persons hearing the testimony forma panel oflocal officials in government, law, the judiciary, healthcare, socialservices and immigration. "Hearers" are personswho have the ability to take information from the hearing and use it to sensitize, educate, and, in some cases, alter the way women who sufferabuses are both perceived and treated within the various systems mandated to facilitate servicesand provide legal representation. Documentation from the hearing will be forwarded to Antoine Blanca, the Secretary General ofthe June, 1993 "WorldConference on Human Rights" to beheld in Vienna. Reports from women's hearings all over the world are being sent to the Secretary General with the express purposeofasking the 1993 Preparatory Committee for the conference to comprehensively address women's rights at every level ofthe conference proceedings. Thegoal is to convince the conference organizers and other human rights bodies to recognize women's rights as human rights and to take direct action toredress systematic attacks on women's human rights around the world. This internationalcampaign is coordinated by the Center forWomen's GlobalLeadership at Rutgers and the International Women's Tribute Center at the United Nations. More information and a list ofpersons providing testimony and the panel of hearers are available from JuliaHall or JamieHan at the Human Rights Centerat 645 20730r833-2564. - �The Docket ASDFSDFSDF What: When: Where: Lowdown: FREE BOOK for all UB law students: UB Law School: 100 years 1887-1987 NOW! Pick up your reserved copy at the The L *€><*sno E*Hox*mhutfysscwm — Presets — 3rd floor bookstore. The alumni feel generous and the law school needs any good press it can get. What: When: Where: Lowdown: Public Lecture: ''Pursuing Environmental Justice. Thursday, March 4, 12:30p.m. Room 109 o'Brian Hall. Professor Richard Lazarus, will discuss how U.S. policies might be changed to improve the inferior environmental conditions of many low-income and minority communities in this country. Why: BPILP Pledge Week March 8 to March 12 In front of the Library To fund Public Interest summer internships What: BPILP Fund-raising Party When: Thursday, March 12 at 9:00 p.m. Central Park Grill (CPG) For the fun of it What: When: Where: Where: Why: At 2 p/a iNTHf FiftST Ti-ooR. ST«O£ASr ...Feds continuedfrompage 3 sity ofWisconsin, whichamended its student disciplinary conduct code in response to an increase in the incidents of discriminatory harassment. TheFedswanttheproposedrule discussed in terms bothofitsconstitutionality and its impacton thegoals ofeducation. Copiesoftherule canbe obtained onrequest from Box # 785. All entriesare to be submitted to Box #785. The deadline for submissions is April 1, 1993. Papers will be judged on the quality oftheir content, noton the conclusion reached. TheFeds have anactive membershipof ten students. Thisyear, the Fedshave continuedto put outTMEaieralistPariSE, which are a mixture ofRush Limbaugh and a serious, conservative letter. Anyone can, and all are encouraged to, write for and respond to The Federalist Papers. Those students who jointhe Feds will receive, according to the present members, a comicrelieffrom thediatribe ofthe classroom. Members also receive a level of comradery witholder studentsand learn how to survive law school. TheFeds are looking toplan some future debates on current issues. They are also consideringajournal whichwould discussthe free market methods of protecting the environment. In the past, the Feds believe they have been perceived as exclusive. Today, however, theFeds desire to be inclusive, like JackKemp. The Feds believe in a free market and free ideals. They wantto appeal to a broaderbase ofpeople. TheFeds strongly believe in an open marketplace ofideas, and for thatreason stand by theprotect ions afforded by theFirstAmendment. However, the Feds do not agree with speech which is used just forshock value. TheFeds are a law student group that is attempting tocarry on its tradit i< >n wli i le changing in a desire to be more mainstream and accommodating a wider and more diverse rangeofinteresls. Call for Papers! The Federalist Society announcesacallforpaperswithachance to win money. The topic? To critically discuss the following rule in termsofboth hs Constitutionality and it'simpactonthe goals o feducation: The University of Wisconsin, responding to an increase in the incidentsofdiscriminatory harrassment, amended its student conduct code. The new rule provides that: "The university may discipline a studentin non-academic matters in the following situations.. .2(a) For racist ordis- criminatory comments, epithets or otherexpressivebehaviordirected at an individual or on separate occasions at different individuals, or for physical conduct, if such comments, epithets or otherexpressive behavior orphysical conductintentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry or age ofthe individual orindividualsand (2) Create an intimidating, hostile or demeaning work environmentfor education, university-related work or otheruniversity-authorized activity.'' Papers will be judged on the quality oftheir content, not on the conclusion reached. The amount of the prize will be determined by the numberofpeoplewho submitpapers. If thereare 1-2 entries,the winner will receive $ 50.00; 3 -4 entries, thewinner willreceives7s.oo; 5 ormore entries, the winnerwillreceive $100.00. Copies of the rule can be obtained on request from Box 785. Submit allentries to Box 785 by April 1,1993. Thereisatenpagemaximum and it must be double spaced. . <?AP TWois, /riAUH u= v I/I ?\l>lk * to 1?. <»ep Corft, v^ Kevin Q>h;m, gw ffC3o tJj^Y^A^ WESTLAW & LEXIS TRAINING at the TemporaryLearning Center(TLC) Law Library, sthFloor, Room 5-3B Ten Westlawand ten Lexis/Nexis computers willbeavailable fortraining sessions and student usefrom March 1st 2 Bth. - IMPORTANTDATES Password and softwaredistribution 10am-3pm outsidelaw library March Ist through sth 1LTraining by law librarians MarchBth through 19thRefresher training bylaw librarians March22nd,24th,2sthSummerAssociate training (IL,2L)by Westlaw Attorneys: 11 am, 1 pm,2:3opm/Fastracktraining by Lexis attorneys: 3 pm 6 pm March23rdSummerAssociate training:ll am, Ipm Fastrack 3pm JudicialClerkship training (IL, 2L)by Westlaw March23rdAttorneys2:3opm All first yearstudentsare encouraged to sign upforthese computerresearch training sessions with theirresearch and writinginstructors as wellas pick up software which will be distributedoutside the library on March 1 st and 2nd. March Istand 2nd- - ...Islam con tinuedfrompage 4 the people, Mr. Cakir charged, adding that Islamism attacks society because of this. Mr. Cakirsaid that democracy is hard for Muslim countries because the Western countries support the dictatorships in these countries. Because these regimes have foreign support, society cannot determine i ts own destiny. While Islamists mightrule ifthe Muslim countries became democracies, at least it would be the choice ofthe people, said Mr. Cakir. However, because oftheinterference by the Western powers in the democratization process, the people have not had a chance lo make their voice heard. Mr. Cakir's presentation was co-sponsored by the Human Rights Center and the InternationalLaw Society. March 3, 1993 Last Free ,, "Live Bar Review Lecture ReaJ Property March 6, 1993 Marino The Opinion 11 �1993 BOOKS ARE IN! BOOK DISTRIBUTION BEGINS: TUESDAY MARCH 16TH REMEMBER: You Must present Your Book Distribution Card and Return Any Old Books to Receive New Ones. O rfjl }lXj| jw&k **""** CLASS OF 1993 PLEASE NOTE: MARCH 16TH WILL BE THE LAST DAY TO SECURE THE $1245 TUITION. AFTER THAT date the tuition will be $1345 until 4/15. thereafter FULL TUITION: $1395! BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-03-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/3/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a108a544af623a31ca39b809266ffc94.pdf 7802943a08f9b3f03799f129edfde9ec PDF Text Text THE OPINION Volume 33, No. 14 STATE UNIVERSITY OF NEWYORKATBUFFALO SCHOOL OFLAW Jessup Competition Largest in UB History bySaultanH. Baptiste, Managing Editor With over 110 letters of intent, and approximately 90 competitors, the level of competition in the 1L Jessup International Moot CourtCompetition wasfierce and heated. Third year Jessupmember, Tom Cannovo*, commented, "Someoftheseffirstyears] would have beatregionalcompetitorsatother schools. They were thatgood.'' Ofthe totalIL's involved, 30 students made itto the semi-finalsand only 18made it to thefinals. Cannovo said,''Interest in Jessup has literally exploded over the years.'' The hypothetical, fromwhich thecompetition wasderived,centered onthe nationalization ofa foreign corporation by a recently decolonized country. The otherissues ofthe hypothetical were addressed in a memorial (the International Court of Justice term for a brief) writtenby theUB Jessup Reg ional Team thatcompeted in February ofthisyear. Thefull hypothetical has been argued by teams inover 30countries. Team Alternate, Mindy Birman, said shefound the issues discussed veryinteresting and enjoyed the experience.' 'Before the competition I was excitedin anervous kind ofway, but whenI won, I was excited in the best kind ofway." As a single mother, IL, Maija Reeves, found the lack ofchild care at UBto be themost challenging partofthecompetition. She commented, " Had itnot been forthe supporto fmy fellow students, I would nothave been able to make it tothe end ofthe competition.'' Reeves saidshe foundher experience withthe competition to be moral building. "I didn't think I could do it at first, but confidence grew as I realized my ability." The winners ofthecompetition will go on to represent UB at the Fasken Campbell Godfrey MootCourtCompetition in Toronto which will include competitors fromSyracuse Law School, Cornell Law School, Queens College in Canada, University ofTorontoand OsgoodHall. Asthisyear'scompeutionmarks thelast yeartheFord Foundation willsponsor the competition, nextyear's Jessup Team will beresponsible forfinding therequired funding. Hopesremain highforthisyear's Fasken competition. At last year's competition, UB was successful in sweeping all the awards in Toronto. Marjory Avant, and several other teammembers, added thatthe team is working hard to maintainthesuccessful tradition ofUB Law School. Avantadded thatshe is honored torepresentUß and shealso intends to doher best. GoodLuck to all the competitors. The 1993 Fasken Campbell Godfrey Team: Alisa Lukasiewicz Chris Widholm Maija Reeves Kevin Szczepanski Dylan Mitchell VirginiaJacobson Marjory A vant PaulMorenberg Alternate: Mindy Birman Newjessup International Moot Court Board , distributing the''bufferfund ' inoneshotlike this is to limit the arbitrariness ofthe suppleto BoardofDirectors. Thismoney will be used fundthemandatory $200 start-up budgets given mentary budgeting process. Also, it is a more efficient use oftime and resources. tonew student groups, and foremergency coThe remaining money will be distribsponsorships. uted in March during the springtimebudgeting to setaside 15%0f TheSBAhas decided bedistributed remaining pool duringthe this to .Report, continued onpage 9 following academic year. One-third of this put into a "lecture Fund" to the heretofore ad hocline itembudgeting money will be below), and the remaining two(discussed process. be put into asupplementary "buffer The major portion ofthe process will thirds will fund." Thisfund will be distributedbudgeting remain the same - organizations will submit to take place during thesecond week process budgets inMarch for the following academic will beavailable to year. However.partof the poolofmoniesthat ofNovember. Thismoney haveeventsthey would like who groups student are raised through the student activities fee during the academic yearwhich they will not be allocated until the middle of the present had not planned on presenting whenthey subacademic year. Certain expenseswill beallocatedright mittedtheiroriginal budgetthepreviousMarch. offthe top. TheSub-boardaccounting fee,the Thisfund will be distributed under discretion Recreation and Intramural(R& I) user fee,and of the Finance Committee. While the SBA capital expenses will be calculatedand sub- Board ofDirectors will have the final vote on the distribution of the fund, there will be a tractedfrom the top. presumption in favoroftherecommendations Additionally, a set sum needs to be set ofthe Finance Committee. Our reasoning for aside foran"unallocatedreserve" fund which will be distributedat the discretion ofthe SBA SBA Considers Fee Increase The issue ofan increase in mandatory student activity fees was a heavily discussed issue among the SBA Board ofDiretors at Mondaynight'sSßAmeeting. Currently at the 1983 rate of$34.50 per semester, the SBA is planning to submit a studentreferendum for considerationduringnextweek'sSßAExecutive Board Election. The referendum, ifappro ved, couldresult inan increase ofthefee to $ 50.00 per semester for each law student starting Fall 1993. The major incentive for the $ 15.50 increase is to cover costs required by theRecreation & Intramural Board ("R& I") foruseof Alumni Arena and other athletic facilities. SBA also sees the increase as necessary to provide greatersupport for UB student organizations. Currently, SBA is the lowest funded student governmentat ÜB, and is among the lowest in relation to other state law schools across the country. Where does it all go? The SBA has struggled with R & I for several yearsregarding the price law students have had to pay for the useofathletic facilities. After review of 4 R & I law student usage survey, the SBA has agreed to increase their contributions from $7,500.00 per year to $ 10,227.00. Unfortunately, theremay alsobe an additional increase as early as 1995. A portionofthe funds from the studentfee increase would be applied to cover this expense. The increase would also go to provide more funding for student groups. With the currentgrowthinboththenumberoforganizations and the quantity oftheiractivities, SBA feels the organizations will need additional funding to provide servicesto thestudentbody. Along withthe suggested reforms is a proposal to establishalec ture fund from which studentgroupscanbring speakers to thecampus to enrich student knowledge regarding various areas ofinterest. Another element ofthe budgetary proposal istoestablishamatching fundtoencourage active fundraLsing among student groups. Withaannual limitofs 150.00per group,SBA will grant $.50 for each $ 1.00 raised by the organization. The fundraisingaclivitieswould include grants or awards from external sources or fund ing from internal University or law schi h>l departments. In order to foster the growth ofnew ...Increase, continuedonpage 9 not Members: Marjory Avant Mindy Birman Mamißogart AntoinetteBonsignore JeffreyCalabrese James Crolle Virginia Jacobson JayKalasnik SBA Comprehensive Budget Reform Proposal [This report is submittedby the SBA. ] For the past month, the Student Bar Association hasbeen pursuing theimplementation ofacomprehensivebudget reform packageto beenactedon July 31,1993, whichbegins the 1993-94 fiscal year. TheSBA hasconsidered a broad range ofproposals and has hammered out a comprehensivereform measure whichwill add morerationality and discipline March 18,1993 David Leve Alisa Lukasiewicz Dylan Mitchell DanielMoreland PaulMorenberg Maija Reeves Carlßohling Ted Starishevski Kevin Szczepanski ChrisWidholm UB Professor Receives Law School's JaeckleAward Professor AlbertR. Mugel, whohas taughtat the University atBuffalo School ofLaw for more than 40 years, received the 1993 Edwin F. Jaeckle Award at aluncheon held on Saturday, March 6, at theCenterfor Tomorrow onthe UB Amherst Campus. TheJaeckleAward, the UBlaw schoolandLaw Alumni Association'shighesthonor, waspresentedto Mugel followingamorning-long, 17thannualUBLaw Alumni Convocation entitled,''Avoiding Disaster:What AllLawyers ShouldKnow About Bankruptcy Law to ProtectTheirClients."The event,which was moderatedbyGeraldS.Lippes,an attorney with Lippes, Silverstein, Mathias and Wexler, consisted ofa panel offive bankruptcy expertsand a judge,who explored howa client, s current orpotential bankruptcy may impinge onhis or her matrimonial, negligence, environmental, real property andbusiness related problems. The award, named for UB law alumnus Edwin F. Jaeckle, Class of 1915, is given annually to an individual whohasdistinguished himselforherselfand has made significant contributions to thelaw school and to the legal profession. HIGHLIGHTS Group Spotlight Editorials and Commentaries Candidates Statements...... From the Balcony. Docket 3 4-5 .6 8 11 �SWITCH TO PIEPER IT'S NOT TOO LATE!!!!! Don't lose money because of a foolish mistake!!!!! If you were lured into another bar review course by a slick sales pitch, there is a way you can get out now without losing money. Pieper Bar Review will credit ANY MONIES put down with another course (up to $300). All you have to do is send in proof of payment with your Pieper application. It's that simple!!! So don't wait...call now!!!!!!! •- . (Offer ends April 16, 1993) -; •- ■ 1-800-635-6569 Pieper Bar Review 90 Willis Aye. Mineola, New York 11501 �Alumnus Interview Labor &Employment LawAssociation THELABOR AND EMPLOYMENT LAWASSOCIATION by Kevin Collins TheLaborand Employment Law Association (LAELA) is a law student group whose purpose is to bring labor issues before the UB Law School communityand to makelaw studentsand faculty moreaware thatlabor law is avital area oflawand not to be ignored simply because it is nota "Bar " course inNew York State. LAELA was founded intheFall Semesterofl992by2LsJoeAntonecchia,Box#6o3, and Kevin Co Uins,Box # 630. Anyone wishing to joinLAELA may contact these individuals. There have been at least five different labor Employees Union(GSEU) to organizerecently hereat ÜB. LAELA also is currentlyrunning a film series in the month ofMarch, showing Matewaan.NormaRae.Harlan County. USA, andAmerican Dream. LAELA has also organized some upcoming events. On Wednesday, March 24, 1993at3:3OPM inßoomfl 109ofO'BrianHall (the UB Law School), LAELA is presenting Pauline R. Kinsella, the Chairperson of the New York State Public Employment RelationsBoard (PERB). In addition, LAELA isalso holding, in conjunction withtheLaw Students forCorporateAccountability (LSCA), theFIRST ANNUAL WORKER AND CONSUMER DennisVacco'7B by Sharon Nosenchuck, IStaffWriter Dennis Vacco, U.S. Attorney for the Western DistrictofNewYork, graduatedfrom U.B. Law School in 1978. Attending U.B. because he wanted to practice in the Western New York community,Mr. Vacco saidthathe thoughtitwould be important to become integrated in the local legal community through law school. His choice was justified,he said, because his instructorforTrialTechniquewas JudgeJoseph P. McCarthy, who was thenthe DistrictAttorneyforErieCounty.Mr.Vacco's firstjob after graduating from law school was as an assistant district attorney in the Erie County DA' s Office. In many otherplaces, he said, he would have received an education equal to the one thathereceived at U. 8., but it made sense to be wherehe was going to practice. Hisexperience atU.B. waschallenging, Mr. Vacco said,and, although itwas a means to an end, it was not fun. Mr. Vacco spent his first year of law school at the University ofAkron and transferred to U.B. at the beginning ofhis second year. ComparingU.B. to Akron, Mr. Vacco said featuring a each a differentstudent issue. group | be series GROUP SPOTLIGHT will that U.B. was larger than Akron and had a broadercurriculum. Akronwasacodeschool, saidMr. Vacco, whileU. B. spent more time on law groupsthathaveexisted on and offatUB RIGHTS CONFERENCE, on Wednesday, otherareas ofthe law. Law School since the late 19605. With a March3l,l993,inßoom# 106ofO'BrianHall. KenJoycewashis favorite professor at combined membership ofover thirty student Therewill be twenty (20) speakers from across U.8., said Mr. Vacco, because he was "dyand faculty members, LAELA has been an the United Statesaddressing workerandconnamic" and ' 'incrediblyknowledgeable withactive group in its short existence, and has no sumeradvocacy issues in the 19905. outairs and stuffiness." Mr. Vacco, whotook The firstpanel, from 10:00A.M. -1:00 intention ofeventually fading away. Tax 1,Tax 2, and Gratuitous Transfers with LAELA hadmany goals when it started, P.M.,willaddressconsumerrights. Speakers Professor Joyce,said thatProfessor Joyccwas including the following: to discussand debate on this panel include: Pam Gilbert, Public approachableand made difficultcourses intertopics, cases andlegislation dealingwithlabor Citizen Congress Watch; Marc Green, New esting. law; to bring in speakers andpractitioners; to YorkCity Consumer Affairs Commissioner; Mr. Vacco said his favorite law school examine theNationalLabor Relations Actand Russell Mohkiber, Editor, Corporate Crime class was Trial Technique, and his favorite activity while in law school was going to Duff sforchicken wingsand beer. Asked what washisproudestaccomplishmentwhile in law school,Mr. Vacco said' 'graduating.'' A regret he has about his law school experience,he noted, is thathewasnotatU.B. fromthe beginning. Asaresult, hefound ithard to integrate into the school as a transfer stu- Mr. Vacco said that he became a lawyer because it''opened many diversedoors.'' He said, "whether it be through the practice of law, through thepolitical process, the elective process, or helping the community,'' being a lawyer gave him exposure to many different opportunities thatothercareers would not have Dennis Vacco was elevated to thepost of United States Attorney at theageof3s. Photo: Sharon Nosenchuck ■a~a provided. After graduating from law school, Mr. Vacco worked for the Erie County District Attorney'sOffice. an assistant DA. In 1988, President Reagan appointed Mr. Vacco to betheU.S. Attorneyfor the Western DistrictofNew York. His "most rewarding, fulfilling, and significant case occurredwhilehe wasat the Erie County District Attorney's Office, said Mr. Vacco. Mr. Vacco prosecuted Milton Jones for the murder of two Buffalo priests. Jones, age 18, along with a friend, killed and robbedthetwoprieststoget money to become a "big drug dealer," states a newspaper article. InJanuary 1988,ajury found Jones guilty ofsecond-degree murder,robbery, and weap- ... Vacco, continuedonpage 8 dent UB Competes in New Orleans cumbing to the South Texas CollegeofLaw (winnersofthe2ndbestbriefaward). The competitors said that the competiwas a great experience, especially betion the National Labor Relations Boardas wellas Reporter; Arturo Rodriguec, United Farm it cause included 20 teams from around the the New YorkState Labor Law- The Taylor Workers; and Charles Tibbett, Practitioner maestros ofdiscoursefared well atthe Tulane nation. In theultimateanalysis, ITT Chicago Law, and the Public Employees Relations (EnvironmentalLaw). Mardi Gras Invitational - a sports law moot KentCollege ofLaw andLoyola University Board; to actively take partincurrentdevelopUniversity. (New Orleans) proceeded to the finals where The secondpanel, from2:oo P.M. - 4:30 court competition held at Tulane , ments, (suchas proposed legislation, including P.M.,willaddressworkerrights: labor organizTheissueat thisyear scompetition was ITT won and sequestered a best briefaward. HR 5 the proposed striker protection laws), to ing inthe9o's. Speakers on this panel include: developed by Tulane under the auspices of Otheraccolades included a best oralistaward become involvedinlocallaborcauses, (suchas Richard L. Ahearn, NationalLabor Relations theirMootCourtßoard President, Rod West. It for ScottCannon fromLoyola. strike support); to ensure that a laborcourse is Board; Ellen Gallant, CommunicationsWorkdealtwith a football scholarship student-athAmong theplethoraofideasand suggestaught inthefirst year,and thattherearecourse ersofAmerica; Tony Mazzochi, OilChemical lete at "The University of Mardi" who was tions that Mike and Michelle brought back offerings ineach semester forthe upperyears and Atomic WorkersUnion; JanPierce, Comsuing the university forbreach ofcontractand with themfrom New Orleans were ideasabout in courses dealing withlabor and employment munications Workers of America; Duane educational malpractice. Michelleand Mike running a Ist year competition. Apparently, law. Stillwell, Amalgamated Clothing andTextile wrote the brieffor the defendant university. Duke Law has such a program and they are Since its founding last semester, Workers Union; and JerryTucker, United Auto They argued both, on andoffbrief duringthe willing to help Buffalo implement something LAELA has been an active group. To date, Workers, New Directions Movement. competition. In the preliminary rounds, they similar. The arguments for this year's compeLAELA' s activitieshave included the followThe thirdpanel, from 4:30 P.M. 7:00 argued against Loyola and Duke University tition were held at the sth CircuitCourt Aping: bringing in, withthe Graduate Group on P.M., will address worker rights: the role of and approached the quarter finals before sueCompete, continued onpage 11 Human Rights, DanLaßotz,authorofMaskof labor attorneys: employee advocacy in the Democracy: Labor Suppression in Mexico 90s. Speakers on this panel include: Richard Forfurther information, contact: Joseph ing and administering aLabor-Concentration Today (Boston: South End Press, 1992), to Clark, New York State Division ofHuman Box ft 616, (716) 645-2747, orKevin Certificate, which graduating lawstudents can Belluck, speak on Mexican labor rights (or the lack rights; Jennifer A. Coleman, Practitioner(Emft 630,(716) 838-0654. achieve alongwiththeir JDby taking acertain Collins, Box thereof) and the North American Free Trade ployment Discrimination); Richard Furlong, numberofcourse and finishing a certain level also has the LAELA goals for many Agreement (NAFTA); holding an informaIntegrated Labor Systems; Joseph Kinney, future which be on. The ofwork. will they working tional display onNAFTA during Human Rights National Safe Workplace Institute; Tony Newsletter, to Interested law studentswho joinLAELA group would like start aLabor Week at the Law School; bringing in Ann Oppegard, MineSafety Program (Kentucky); receive will issues, on current both the opportunity to explore and locally labor reporting Peters to speak on the struggle of women to JohnPatterson, Equal Employment Opportutake actively part in current labor issues. would like to hold LAELA and also nationally. organize in Guatemalaand the human rights nity Commission; James Schmidt, Farm and inLAELA the is open to everyoneMembership Day School,'' a' 'Labor at Law which a in abuses they are subjected to; and recently Migrant Workers Legal Services;and Robert students, community citilaw local faculty, whole worth ofLaborand day's Employment Duncan, oftheUnitedAuto Szymanski, Occupational Safety and Health bringing in James zens, andany Law Firmswouldrecmit and at theLaw interested person. LAELA asks speak Workers (UA W) and the Directorofthe New Administration. that attend the FIRST please School, addition, upcoming LEALA you islooking intothe hi YorkStateCommunity ActionProgram (CAP) There will also be an evening presentaANNUAL WORKER CONSUMER AND of a labor-related sumpossibility establishing Council to speak on N AFFA and its impact on tion aiiddisciissionfeaturingaliuiiinis Andrea mer internship. Moreover, LAELA is also Western New York jobs.In addition, members Sammarco, '93, People for the EthicalTreatinvestigating into the possibility ofestablishof LAELA assisted the Graduate Student ment ofAmmals. bySrikantßamaswami Michelle Parker and Michael Culp are gifted extempore speakers, but they do itwith suchan insouciant and self-deprecating flair, that itadds to their brilliance. Indeed, these - - ... March 18, 1993 The Opinion 3 �_opiniqn esr March 18, 1993 Volume 33, No. 14 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWliters: W.F.Trezevant,KathyKorbuly, SharonNosenchuck Contributors: Srikantßamaswami EDITORIALS Lip Service to Diversity UB Gives , TheUniversity at Buffalo s(Uß'sV'GuidetoEqual Opportunity andAffirmativeAction" manual (publishedby ÜB's own Equal Opportunity/Affirmative Action Office) states on itsfirst page thatUB hasa longstandingcommitment to equal employmentopportunity andaffirmative action." Thepublication thenasserts that"affirmativeaction means taking aggressive steps to further the employment of women, ethnic minorities, disabledpersons ..." Further on, the publication reports thaifederallaws require thatestablishmentsreceiving federal contractsand/ or subcontracts do mure thanprovide equal employment opportunitiesbycomplying with the equal opportunityand non-discriminationlaws. NewYorkStatealso requires government agencies to do more." How ironic, then, that in the latestissue ofjPa'lante!,(Vol. 3,N0. 2,Spring 1993)it was reported that "[o]fthe46 faculty membersatUß[lawschool] only threeareAfro-American, and only one has oeengranted tenure [T]he [ law] faculty does not include Hispanics, Asians or NativeAmericans." Thearticiethenpoints out thatthe "[ojnething thatis conspicuously absent. is any meaningful number oftenuredminority facultymembers.'' Furthermore, the 1989 Equal Employment Opportunity form (the mostrecent one The Opinion was abie to obtain), whichUB is required to fileunderTitle VII ofthe 1964 Civil Rights Act, contains some strangenumbers for an institutionwhichclaims to promoteaffirmative action. According to thereport, which breaks down job categories by race, ethnicity, and sex for eachof several jobcategories, there are a totalof526 tenuredprofessors in thewhole university. Of these, 478 aremale 435 of thesemalesare White, 7 areBlack, 2 are Hispanic, 34 are Asian or Pacific Islander, and noneare Native-American orAlaskan Native. Theremaining 48 tenuredfemale professors: 45 White, 1 Black, 1 Hispanic, and 1 Asian or Pacific Islander. Again, no NativeAmericans or AlaskanNalives. This type oflip service to affirmative action is an insult, and the people in charge of monitoring the school'saffirmativeaction efforts, the Equal Opportunity/Affirmative Action Office (548 Capen Hall, (716) 645-2266) shouldprovide an explanation for why UB lacks even a semblanceofdiversity. . Profiteering is no Right Bankers extol thevirtues offree market forces perhaps more thanany other group in our economy. That's why theyrecently let out howls ofprotest whenthe ClintonAdministration proposed changes in the student loan program that would cut them out of the picture. The government, insteadofthebanks, wouldlend to students, thereby eliminating at least $4.8billion in costs over the first five years oftheprogram, according to a recent GAO report. Ofcourse, the change wouldalso eliminateaguaranteed source ofprofit to thethousands 0 fbankswho annually churn out student loans as i fthey werehanding out free candy. Sure, these loansalways had theindiciaofother type ofunsecured loans, e.g.,credit checks,promissorynotes, etc. All except therisk. Under the modifled " free market" mo del in whichthese banks operate whilelendingstudentsmoney, theultimaterisk fortheloan isbornebytheU.S. Government. The 1 oans are so secure, in fact, that like in the case ofhomem ortgages, an entire secondary market has formedup around them. Also standing to loseshouldthe lending program change are the guarantee andcollecting agencies. Theformeralready take abig bite outo feach student1 oanat disbursement, a bite called, ofcourse, a guarantee fee. However, theneed for thisfee has diminishedover theyears since the government has tied the student loanprogram to every law imaginable. The IRS can collect delinquencies out oftax refunds, bankruptcycourts cannot discharge thesedebtsunder chapter 13filings, andaperson cannot even participate in theprogram ifthey havebeenconvicted ofany drugoffense or, ifmales, they have failed toregistered in the selective service program. Thebanks argue that government administrationofsuch aprogram will be inefficient, that it will be expensive to dismantlethe current system, thatit will cost schools additionalmoney to administerthe new directgovernment loans, etc. However, the GAO study has shown thatthere is inefficiencyin thecurrent system. In fact, a CongressionalResearch Service report whichthe bankers havebeen hanging theirhats onadmits asmuch, although itcriticizestheproposal ofdirect lending on other grounds. What itallboilsdownto iswhether ornotprivate banks will continuetobeallowedtoprofiteer on whathasbecomeabasic necessity in American life, theneed for higher education. Bringing in the government directly so that more money goes towarditsintended purposes, education, sounds like a good idea. In fact, ifthereis anything we shouldhavelearned from the '80s, it is that theefficiency of theprivatemarket isway over-rated. Copyright 1993. The Opinion.SBA. Any reproduction ofmaterialshereinis strictly proliibitedwithouttheexpressconsentoftheEditors. The Opinionis published everytwo weeks during the Fall and Spring semesters. It is thestudentnewspaper oftheState University ofNew Yorkat Buffalo School ofLaw. The views expressed in thispaper are not necessarily thoseof the Editors orStaffotTheOpinion. The Opinionisa non-profit organization, thirdclass postage enteredat Buffalo.NY. Editorialpolicy ofTheOpinionis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinionwelcomes letters tothe editorbut reserves theright to editfor length and 1ibelouscontent. Letters longer than three typed double spaced pages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or I JnitedStates Mail to The Opinion.SIJNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 223 or 611. Deadlines for the semesterarc the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page arc not necessarily endorsed hy the EditorialBoard ofThe Opinion. 4 The Opinion March 18, 1993 , Human Rights Movement Spreading by Sharon Nosenchuck, StaffWriter TheShortCoursesonHuman Rights are bringing anumberof distinguishedspeakers in thefield ofhuman rights to U .B. The secondof the three classes, which was on economic, social, and cultural rights, was taught by Dr. Chaloka Beyani, from Zambia. Presently, Dr. Beyani is aResearch Fellow at the University ofOxford. Herecently received his doctorate from Oxford, witha thesis entitled "Restrictions on Internal Freedom ofMovementand Residence inInternational Law,'' and hispublications include articles on refugees and women'srights. Dr. Beyani defines' 'humanrights'' as certain considerations pertaining to the preservation ofthecharacter and dignityofthehuman person. Whatever the nature and content of specific human rights documents, they all define entitlements, benefits, and privileges that a human person derives from the fact of existence, argued Dr. Beyami. Human rights are not given by the State, theyare inherentas an aspect o fhuman dignity, they are effortsby humans to establish rales with respect to the humanperson. Allhuman persons havearight to life, said Dr. Beyani, but this right is not absolute. Nothing isabsolute inthe sense that this right can be taken away by certain legal systems. The idea ofhuman rights is an idea far ahead ofits time, said Dr. Beyani. It is up to Human Rights is seen as being universally legitimate, he said. Its universal legitimacy maybe established from thepointofviewofthe number of states that adopted it, voting patterns, and,also, thenumber ofstateswho have subsequently ratified the declaration's two setsofcovenants. These covenants contain the rightsof the Declaration inabinding form, he said. However, within domestic jurisdictions, said Dr. Beyani, thereare problems ofimplementation, both in Western and non-Western countries. Theissueisoneofdegreeandofthe transformation in the daily activities ofgovernments andthe lives ofpersons. Onthe subject ofthe conflictthatcan occurbetween theculture ofa society and the rights enumeratedinhumanrights documents, Dr. Beyani said thatalthough some say that they do not like the concept of human rights because itis foreign, this isjustan argumentto escape human rights obligations. The nonWestern countries accepted modernWestern aspects of life, accepting the Western standards as standards to which to aspire. The argument thathumanrights emanate from the West hasbeenovertakenby modernization and the fact that the world is getting closer with respect to the interactions between peoples. Before the advent ofthe concept ofhuman rights, Dr. Beyani continued, the idea existed thatthe way a State treated its own citizens did lawyers, political scientists, and others to not excuse it from treating foreigners as they examinehuman rights in terms ofthe content expected to be treated in their own country. oftheserights. Human rights have expanded so that these Humanrights documentsare legal docurights apply to everyone, not justforeigners. ments ofa very specialkind, said Dr. Beyani, States can no longer behave as if they are because they are based on humanitarianism. isolated, said Dr. Beyani, and the way that However, these documentsare formulated in governments treat theircitizens is a matter of the language ofthe law, notof morality. The internationalconcern. Thefact is that States documents set obligations which are binding will not be excused from international stanbut carry within them certain concerns about dards. The Stateisaunitofpoliticalorganizamorality and welfareand concern for the hution thatcarries out theresponsibility for the manperson. Onthe subject ofthe Universal Declacontinued existenceofthe community, seeing ration ofHuman Rights, Dr. Beyani said that thatthe community' s needs are fulfilled, and the word universal had several interpreta- thatitis protected fromharm, said Dr. Beyani. tions. TheDeclaration was intended to estab- The existence ofthegovemmentand the State lish a common standard ofachievement for is premised on human rights because, otherhumanrights from the point ofview of stan- wise, the State would not exist, Dr. Beyani dardsofgeneralapplication. Itpurportedtoput said. The State cannot escape the fact that it into effecttheprinciple ofuniversal protection has certain humanrights obligations. ofhuman rights. Humanrights wouldbeproThe issue ofsovereignty is difficultto tected on a universal basis, said Dr. Beyani, address because itcomplements States' rights. and,at a minimum, certain common standards The bottom line, says Dr. Beyani, is that cerwere to apply. However, this is not the same tain cultural, political,linguistic, orreligious as saying that the Universal Declaration of ...Rights, continued onpg 5 HODGSON RUSS ANDREWS jpWOODS CtGOODYEAR AnORNEYS VJ AT LAW s TO THE CLASS OF 1995 I ou are cordially invited to a cocktail reception sponsored by Hodgson, Russ, Andrews, Woods & Goodyear of Buffalo, New York. Join us for cocktails and hors d'oeuyres. Date: Monday, March 29, 1993 Time: 5:30 Place: Buffalo Marriott 1340 Millersport Highway - 7:30 p.m. R.S.V.P. c/o Career Development Office Room 309 by Friday, March 19 If you have any questions, please call at 848-1505 Jane McAvoy �Of Life,, Law & Looking Back Chew on This By Tracy Dale Sammarco Features Editor by W.F.Trezevant, Staff Writer Its been two years seven mo Side of Buffalowhenldidn'thaveacar.lcan'thelp butremember theerrandsthose sameclass- The individual's' 'righttolife" ends whenhe fails to adopt the moral stance of a certain minority ofindividuals. from this animosity. lam afraid that his death will not be the last. It seems like people are getting desperate; sodesperate, OnWednesday,March 10,1993,Dr. DavidGunn wasforever silencedby a "prolife" soldier, Michael F. Griffin. Griffin shot Giinn several times in the chest as Gunn gotoutofhiscar in frontofhis Florida abortion clinic. I suppose Gunn hadproven himself to be valueless; an expendable entity poisoning the worldfor thosewho deserve to live. Griffin apparently took it uponhimselfto dothatwhichhisgodwould not- he struck a fatal blow in the name of life. What sense does this make? In response to this tragedy, the Rev. Joseph Foreman, of Operation Rescue, called the actionthe tip ofthe iceberg. Stay tuned, thereare moreand worse things yet to come. But what, I must ask myself, is moreawful thangunningaman down in in fact, that they're willing to risk the destructive consequencesofbeing labeled utterlyhypocritical to achieve their goals. This is an attempt to scare offprospective students in this field of medicine and to cause established physicians to abandon This is a holy war we're in, and it's taken a fatal turn. There's no going back. So I ask you, who's the next martyr? theirpractices. Itis nothing less thanpure terrorism-don'tkidyourself. Is this the way that we want our society to be shaped; by violence and threats of violence? Will people really be happy living in a world where ideas and morals are forced upon them by the threat of death? Keith Tucci, executive director of Operation Rescue, denounced Griffin's actions after the incident. He said thatthe Will people really be happy living in a world where ideas and morals are forced upon them by the threat of death? group' scommitmentto life wasfor theborn aswellastheunbom. This isadmirable; but I call onTucci andhis associates who feel the name ofreligion, life or morality? The head ofRescue America, Don asheprofessesto feel sorrowfiiloverGunn's to act inaccordance withtheirwords. Treshman, took upacollectionforGriffin's death, crew must lessen theanimosfamily. Treshman said," Weknow that the Tucciand his waters. They abortionist is welltaken care of. Butthere ity, reduce the strife, calm the need tocall on theirfollowers to actaccordis a financialstrain on theassailant." Yes, not response Gunnisindeed "welltakencareof'-he's ing to theirbeliefinlife, and in to the rage they feel over this issue. dead. At least Griffin's family still has I think thatthis incident has caused him alive. to recognize what othershaveknown many This is aholy war we're in,and it's years. There is a certain degree of taken a fatal turn. There'sno goingback. for contradiction in the pro-life movement Solaskyou,who'sthenextmartyr? Perwhich must be addressed before thatside haps its the nurse who works in Gunn's to any kind of clinic. Maybe itsthe head oftheNational can come the tableand share who bewith those meaningful dialogue Abortion Rights Action League. Maybeits lieve in abortion rights. There is a latent the guy standingoutside theclinic holding disrespectforthe livesofthosewho do not a pro-choice sign. Maybe its someone with the pro-life stance for the agree working for atinylaw schoolnewspaper, doctors,theirfamilies and the women they shouting theword "HYPOCRITE" at the treat. Thisdisrespectcannotbereconciled top ofher lungs. Why not? Aren't las with a professed view ofthe sanctity of culpableas Gunn forespousing a beliefin unbornlife. Itisincongruous. the necessity ofaright to abortion? Where doesthis end? How many can expect to sufferafate similar to Gunn's? I have towonder whatGunn'sfamily is feeling. They may have feared for his safety, giventhenumberofdeath threats he hadreceived. They were probably reassured,however, by the fact that''pro-life" seems to mean, at least on a superficial level, in favor oflife, as opposed to death. Whowouldhaveguessed? Andyet,lthink we shouldhave seen itcoming. Operation Rescue anditsassociates wereouttherecrying "FirstAmendment" while the situationwentfrom merely chaotictodeadly. Webeganwithharassment, someaccusationsofmurder,perhaps some jostling as awoman tried tomake her way - mates helped me complete when I had no otherplace to turn;like picking upmy dog Chief. I recall the hectic moments in Conlaw classwithPro f. Kannar frantically looking forthe preciselanguage in Marbury v Madison wherethe Supreme Court said ' 'we're supreme. I have not found the passage, butl'mstill looking Professor. It seems so long ago. I remember the beginning ofsecond year thanking mylucky charms that I was out ofthe fishbowlofsection one,not that section one was bad but a year of sometimes asinine comments gets to be a bit much. I remember it wasa time of many new things including the newfriendships withfaculty members, some ofwho are no longerwithus. What was particularly interesting was watching the development ofmycolleagues as they became GA' sandT A' sand moved into the leadership positions of various law student organizations. The novelty ofnew students looking topeople who I used to sit with, commiserate with and drinkcoffee with, for some profound legaladvice was intriguing ifnotsobering. Soon after came friends and relatives asking for all kinds oflegal advice from whatlittle Johnny shoulddo about a ...Rights continiuedfrompg 4 groups do not see the advantages of being within a State and are disadvantaged in a political or economic way. Self-determination is a safeguard, sothat a particular group canprotectitsowninterests. Self-determination doesnot onlyhave to be one groupbreaking away from anothergroup. Self-determination could take the form of an increase in the autonomy ofthegroup, said Dr. Beyani, citing (he examplesofindigenous groups inCanada andAustralia. On the issue of women's rightvDr. Beyani said that there is a general lack of protection ofthe rights ofwomenfrom their ownperspective. Women havebecome more conscious oftheadversemanner inwhich they are treated by men. He said some feminist writerspoint out thatwomen participate in the elaboration ofhumanrights standards, onlyto discover time and again that it is as if these rights were not intended to apply to them. C7 teacherwho was' 'oppressing him to what to doaboutalandlord whowouldn'tgivethe security depositback. lusedtolookatthem andsimplysay " Wellwhy don'tyougoget yourself a lawyer." It seems so long ago . now. My last year, we 11... that'sbeenthe merging ofthetheory ofgood government and the practice of good government, an experimentI once promised Prof Kenyafta Iwould pursue. The experience has been more memorable for its good timesthan the bad times. The good times involve getting something donethat's meaningful even if that means doing something so small that it may never be noticed in the overall scheme ofthings yetmeans the world tothe particular student. The bad times, well that's easy... that was being publicly yelled at by a tenuredfaculty member,who incidentally has notbeenherefor thelast two years and thus has no understanding ofthecontextual history onthe issue,when I attempted toask a simple questionon thereason forhislate grades. Quite frankly, aftermy encounter withhim,rmgladhewasn'taround formy first two years withhis arrogant attitudeas hewould have contaminated my UB Law School experience. In sum, I can say this; I promised changeandby golly we'vegotten it. I"m not sure how it'll end but we'll see. Dr. Beyani saidthathe hoped to givethe studentsinhis classanother perspective on the issue ofhuman rights in international law. He , wishes to broaden students horizons and to provoke their thoughtsfurther, hi addition, he said that although there is a lot ofrhetorical writing onhumanrights, oftenthe jurispruden- tial side ofhumanrights is neglected. Itismore important to look at the standards ofhuman rights in a normative fashion and to develop certain legal criteria with respect to human rights documents. Noting thatcertainhumanrights have a thin line between observation and violation, Dr. Beyani said thatthe content ofobligations are important to understand because ofthe nature ofthesubject Peopledon'tlookatwhat the obligations entail within existing techniques ofinternational law. At the end ofthe week, Dr. Beyani went to theFord Foundation in New York City to lead a discussion onthe issue ofdisplaced people versusrefugees. DID YA PLEDGE YET? 3)LL £fc^6DY through the mass ofbodies blocking the clinic door. We move to general disruption, fakeappoin tmenls andthreatsofclinic storming,ormaybeevenbombing. Doctors are threatened, their spousesandchildrenare terrorized athome and in school. Then a hand grenade is found outside a clinicafteraprotest. From therewe moved to actual invasionofclinics and the spraying ofnoxious chemicals to force people outoftheoffices. Each action grew a little more desperate, pushed the situation a little closer to the edge. This is not First Amendmentstuffwe're talking about. This is not free speech. Gunn's is the first death to result March 18, 1993 The Opinion 5 �SBA Executive Officer Candidate Statements Saultan Baptiste President .. Paul Beyer Vice President An effective SBA VicePresident must Promises, Promises, Promises. As UBLaw Schoolcontinues to expand, possess two significantattributes theability sowillthenumberofproblemsitmustaddress. to buildconsensus around the issuesofgreatest Answers to problems suchas more space for concern to the student body and the skill to studentgroups, andbetter advocacy with the carry out apersistent and well-organizedcamadministration are easy to say, but to make paign to address those issues and produce thema reality requires sensitivity to student concreteresults. My background in the SBA concerns, leadership to develop a common and my professional experience will enable me to put these skills to work for you. agenda, and the commitment to produce results. As Editor ofthe Law StudentDirectory, Successful advocacy through the SBA Managing Editor ofThe Opinion. JusticeofPhi should befounded on empowering the student Alpha Delta, Article Editor ofBELJ and an body by fostering greater communication and active member in BLSA and other student collective activity within the Law School. Toward that end, I have established the Coungroups, I have always been committed to idenand immedicil of Presidents, a group ofrepresentatives developing tifyingcritical issues ate answers to those concerns. from each studentorganizationwho meetreguCouncil fPresidents is The o also a great larly to discuss their issues, planjointactivito idea promote cooperation among student ties and develop strategies for advocating on groups,butwithoutknowledgeable leadership, theirbehalf. Having organized asimilargroup it can become a war of words and promote onthe community level as aVISTA volunteer, hostility,ratherthan unity. Asfounding Chair- I recognize the importance of this type of ...Baptiste, continued onpage 10 ...Beyer, continued onpage 10 Tamie Morog Vice-President All students should have a say in their government Thisdoesnotmean thattheymust - Stephen Lee Treasurer Greetings to allmy fellowlaw students! My name is Stephen Lee and I am the current participate on a committee or be personally Student Bar Association Treasurer.My role as involved inthe SBA, butratherthey must know SBA Treasurer has been a major learning that someone truly represents them, and is experience for me, an experience which has willing to lendan ear wheneverthe needarises. taught me the intricacies ofSub-Board One's I can provide a strong voice and represent accounting procedures and especially dealing students effectively forseveral reasons. one on onewithstudent groupsand students. When I first tookofficelast May, it was 1. As a transfer student from Southern Methodist University in Dallas, I bring with like the first yearoflaw school all overagain. me experience from another SBA at another In a very short time, I had to learn a new large university. hiaddition torepresenting the language ofaccounting and new procedures studentbody, I was involved in activities with which I followed in order to ensure a solid local alumniwhich opened doors,not only with financial SBA. The learning didnotstop there, those alumni butwiththe community as well. itwas everchanging withthe specific needs of Thisexperience and these connections proved the student groups. valuable when it came time to find jobs for Myfirstorderofbusiness was to ensure students, seek funding fordifferentschoolprothat thestudentgroupshad anunderstanding of grams,and build the school's prestige withthe how to access theirbudgets. This wasaccomcommunity. I believe that these ideas are plished by holding ameeting at the beginning ofthesemester withall student groups treasureasily transferred to 118. 2.1 am a student with a great deal of ers. At the meeting, I outlined for them the experience outside ofschool and in the comprocedures for appropriating theirfunds. munity. By workingasastock andcommodi-' My duties as Treasurer was not limited ties broker, speaking in front Buffalo to helping studentgroups access their funds, ...Aforog,amtini.:jon/Mgel() ...Lee. continuedonpage 10 6 The Opinion March 18, 1993 Gary Simpson and Kevin Collins President andVice President funds through suchevents as bagel,co ffee, and The combination ofPresidential candidate Gary Simpson and Vice - Presidential food sales. If elected to office, the team ofSimpson candidate Kevin Collins offersthreeyears of andCollins plans to implement thefollowing Student Bar Association (SBA) experience initiatives for effective student representawhich is unmatched by any other ticket or tion: individualcurrently running for office. ImprovedrelationsbetweenstudentrepOverthe pastyear, the team ofSimpson and Collins has moved within the SBA to resentatives and faculty & administration Foster greater alumni participation vigorously represent the concerns ofallLaw Increased Law School involvement Schoolstudents. Currently, the teamofSimpson andCollinshasbeenatthe forefrontofthe SBA throughoutthecommunity, throughcoordinabudgetreform process. Simpson is theauthor tion with student groups of the new budget reform measure for the - Seek greater diversity within the Law overallbudgetprocess which is based on zero School Faculty and administration Implementationofathree-yearplaninan - based budgeting, whileCollinsauthored ancillary portions of the new budget process effortto maintain dealingwithfundingofnewstudentgroupsas continuity toward theaccomplishmentof well as a new initiative for a lecture and studentbody objectives Focusgreaterattentionontheconcemsof speaker series. Additionally, Simpson and Collinshave out fronton advocating matching thirdyearlaw students The publishing ofan available grant and funds forstudent groups whichactivelyraise -- Marc Panepinto Simpson & Collins, continued onpage 10 Shirley N. Fang Treasurer Secretary As a candidate for SBA Treasurer, I have two objectives. I wantto providea choice for voters and he lp to create asense ofcommunity atthelaw school which is severely lacking. As the only alternative to the incumbent I have achieved my first objective, but the second goalrequires some explaining. My plan to promote asense ofcommunityatUB Law is simple;itisbasedaround the first floor lounge; it involves all of our law school clubs and organzations, and it deals with that favorite law student activity, con- I am currently a first-year law studentat UBand I am running forthe position ofSecre- taryoftheSBA.AsanAsian-American women attending ÜB, I am deeplycommitted to advocating andsupporting underprivileged groups and minority interests. As on officer of the SBA, I would be in the ideal position to effect positive changes for these groups within the University. More importantly, myundergraduate and post-graduate experiences equip me with the necessary skills and background to addressthe far-reachingproblems confronting suming caffeine. Atpresent, most law schoool thesegroups. clubsand organizations hoId coffee and bagel In the year prior to attending ÜB, I was sales toraise funds, but these salesalso result involved in astate- funded ChineseLanguage in student interaction. The concept ofcoffee Program based inNewYorkCity'sChinatown. salescombined withProf. Meidinger' slamen- This program is aimed primarily at providing tationthatyou " can't find a cup ofexpresso in Chinese-speaking assistants and staffto work Buffalo," led me to the ideaof an expresso/ on cases that involved Chinese crime v ictims. Whilethe principalobjectiveofthis program cappuchino bar in thefirst floor lounge. TheSBA could purchase the equipment is to increase the likelihood of successful and make modification to the student lounge prosecution, italso became apparent that this for between $2500 and $3500. This money program dispels the fears, the confusion, and would bean investmentwhich could easily be the alienation, which often made these indirecouped in one semester. The clubswould run vidualsreluctant to participate in the criminal ...Panepinto.continuedonpage 10 ...Fang, continued on page 10 �jjtfrar Worry? I This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. I I BAR/BRI refuses to play this game. I I I I I I We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. I If a student signs up with BAR/BRI or wi th any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. I I We will not undermine students confidence in their course by playing on their insecurities. I I After all, we're attorneys. And we intend to help you become attorneys, too. I BAR REVIEW I (212) 719-0200 "Where professional responsibility is more than just a course.*' ™ I I I I I I I , I © 1992 BAR/BRI �The Roaming Photographer by Dan Harris, ContributingPhotography ,, This week's question:"How do you relax ? David Cotter, 3L: "I don't know that I do." Maureen (Mo) Olives, 2L: "By giving a generous donation to the BPILP Pledge Drive." Amos Edelman, IL: "I get a hot cup of chicken soup at the auto-mom in front of the library." From the Balcony byBob Garnsey it's not in the same class as the two films mentioned above, nor, in my opinion, is it deserving ofan Oscar bid. The story involves a young Marineprivate stationedatGuantanamo Bay inCuba who dies after being violently assaulted in his barracks by two fellow Marines. When the attackers arecharged withmurder andbrought toWashington fortrial,the NAVY JAG Corps assigns a brash young officer (Tom Cruise) with no trial experience to defendthem. The Navy is determined to close the book on the case as quickly as possible, and at first the In the tradition of such classic courtcynical, slightly too irreverentCruise isall too room dramasas Inheritthe Wind andTo Kill happy totake the plea. But uponfurther invesa Mockingbird comes Rob Reiner's A Few tigation, and at the prodding ofhisco-counsel Good Men, a real crowd-pleaser which has (Demi Moore), Cruise begins to suspect a been tremendously popularwithaudiences and cover-up oftheincidentinvolvingthefanatical has recently received an Oscarnomination for Marine commandant at Guantanamo, played, Best Picture. That this movie is up for Best with greatrelish, by JackNicholson. Picture is clearly due more to its popularity Nicholson'scompelling presenceiswhat than to its merit as a film, for while itpacks ultimately holds the film together. In his considerablepowerand melodramaticappeal, fanatical devotion to hismissionand hisblood- ...Alumnus that he would be precluded from doing as a continuedfrom page 4 ons possession in the death of the Reverend Joseph Bissonette, age 55, inthe rectory ofSt Bartholomew'sChurch. hi addition, Jones was convicted oflailing Monsignor David Herlihy, judge. to going back to trying cases. hard for the people. ''Outstanding " is theway thatMr. Vacco describes recent U.B. graduates. He said that he has had exposure to U.B. students in two fashions, both through the summer law clerk His proudest accomplishment since graduation was becomingU.S. Attorneyat the ageof3s,beingappointedjust ten years outof law school, saidMr.Vacco. Only ninety-three 74,who wasfound tiedto achairandrepeatedly U.S. Attorneysareappointedby the President stabbed inanother church, two weeks after die for the whole nation, noted Mr. Vacco, fewer murder ofFather Bissonette. Mr. Vacco said U.S. Attorneys than UnitedStates senators. It thatthis case was importanttohim because the is a wonderfuljob and an honor to serve the crimes consisted of 'two very senseless and people and the community in a job of this particularly gruesome murders of two indinature, he said. "I am a public servant and my viduals whohad givenofthemselves alifetime entirepro fessktnal career hasbeen devotedto ofservice to the community and because the beingapublicservant," statedMr. Vacco. He two priests werecutdown senselessly." Mr. said thatU.S. Attorney is the "bestjobapublic , Vacco said,' 'although the two [defendants] servant could everhave ' and thathe "worked will spend all of their adult lives in jail, I feel hardas apublic servant*' and puta lot oftime that justice was served and feel pretty good intohiswork. The staffofthe U.S. Attorney's about that." Office for the Western District ofNew York As U.S. Attorney, Mr. Vacco said he puts in moretimethan any oftheotherninetyhandles administrative matters and has not three offices in the country, said Mr. Vacco. tried a case since he became U.S. Attorney. Mr. Vacco commented thatthis "reflects on Mr. Vacco, a Republican, probably will be my style and the way I like to deliver government services to thiscommunity." Mr. Vacco replaced by a Clinton Administrationappointee. Mr. Vacco said that he enjoys being an said thathe has no fear that the public has not , advocate and that he enjoyed being an advogotten it smoney's worth outofhis office. As cate for thegovernment. He is kx>king forward apublic servant, saidMr. Vacco, he has worked Although many past U.S.Attomeyshave becomejudges, Mr. Vacco saidthathedoesnot want to become ajudge fora long time. He said that it is harder to be ajudge than a lawyer and he enjoys being an advocate. In addition, he said that there arc things he still wishes to do The Opinion 8 his experiprogram at his office and through ., enceas ail instructor in U.8 s Trial Technique March 18, 1993 and-guts brand ofpatriotism, notto mention his contempt for civilian institutions, he makes Ollie Northlook like a pacifist. And Kiefer Sutherland is surprisingly good as a Biblethumping Marinelieutenant, whose onlyallegiances are, as heputs it, "to the Corps and the Lord GodAlmightily.'' Beyond that,though, there's nothing terribly special about A Few GoodMen, Predictably, Tom Cruise engages in fits of overacting, and it's a little hard to Bryce Baird, 2L:"By thinking of new ways to antagonize members of the Law Review." Mr. Vacco offeredthefollowing advice to law students graduatingtoday. He tellslaw students to "recognize that your law school accomplishments, or lack thereof, are now behindyou,andwhereyougo fromhere, from the point ofgraduation, will largely be measuredby howyou doas a practicing attorney. Youwillnotbemeasured somuch by whatyou accomplishedatU.B.,butbywhatyouaccomplish as a U.B. graduate. Your law school experience will operate to get you your first job. Once throughthedoor ofthatfirstjob,your law school experience, although important to youpersonalry.won'tdeterminewhereyougo afteryourfirstjob." Mr. Vaccosaid, "Iwasn't onLaw Review and wasn'tonMootCourt, but was a pretty good district attorney and my performance on that job led me to one ofthe mostrewardingjobsinourprofession. Onmy way here, nobodyonPresidentReagan's staff askedmehow many H's I gotin law school." Mr. Vacco noted, "If I had been onLaw Review,it would not have hurt,but the fact that I wasn't, wasn't a liability either, because of swallowhischaracter'soveraighttransformation from a softball-playing smartass who's never seenthe inside ofa courtroom to Clarence Darrowinauniform. Demi Moore looks great inNavy whites,buthercharacter is dullandher acting, as usual,is so-so. And the courtroom histrionics between Cruiseand Nicholson get sooutofhandattheend,youmayfindyourself leaping outofyour seatto object. Still, A Few GoodMen isan entertaining fibn.worth seeing at least forNicholson's performance. It's not as goodas advertised, to besure, andcertainly notas good asThe CryingGame. Nonetheless, my performance in theprofession. Forthose[in Irecommend it, withreservations. law school] thathave worked hard, itisn'tover, its justbeginning, and for those to whom it Program. "Ihavebeenamazedatthequality came easy, itsjustbeginning, nowyou have to ofthe people in both," said Mr. Vacco. He work hard. People in this [U.S. Attorney's] continued, saying thathe is' 'really impressed Office gotherebecause ofwhatthey didwhen withthe qualityofthepeople." In addition, he they gotoutoflaw school. My message isthat said, "every year thatI've been here [at the the average law student can still definitely U.S. Attorney's Office], except for one, the excel career-wise. That's myreal message to leadlawclerkhasbeenfromU.B." Continuing grads, thatthey can still dowell in theprofesthis trend, the lead law clerk at the U.S. sion." Perseveranceand hard workareimporAttomey'sOffice this summerisU.B. student tant, advised Mr. Vacco, saying that thereare HelenPundurs, said Mr. Vacco. a "whole universe ofpeople without [Law Mr. Vacco said that U.B. graduates Review and MootCourt] credentials whoneed "stackup very well against graduates from to know that once you get out oflaw school, otherlawschools. Today'sU.B.graduatesare what matters is howyou do inthe dailypractice betterthaninthepast,saidMr. Vacco, because ofyourprofession.'' thereis a' 'muchbettercandidate coming into Mr. Vacco recommended to U.B. stuthelaw school today and thatthese students dents that, as they look at career options, they are' 'much more seriousaboutthe law school giveserious consideration to a careerin public experience and that is reflected in what they service. He said that hehas found it a very are getting out ofit.'' rewarding endeavor, although maybe not fiActive in community and professional nancially. He said thathe hopes "that public activities, Mr. Vacco said that he is on the U.B. serviceremain aviable option, as people look Law Alumni Association Board ofDirectors at career choices." "Some of my proudest and theBoard ofDirectors oftheWestern New moments have been to helpnew law graduates Yorkand Erie County United Way. Also, he find jobsasprosecutors,'' headded. said that he is Chairman ofthe Community In conclusion, Mr. Vacco said that he Commission onAlcohol and Substance Abuse would like to continue his associations with and a member ofthe National District AttorU.B. Law School, bothwiththe Alumni AssoAssociation, addition, Vacco hi Mr. said ciation and Trial Technique. He said that he neys thathe is theChairmanofthe Attorney General's is a Trial Technique instructor because he feels that this is one way of givingback to the Advisory Committee on Environmental Matnational committee ters, a he chairs because Law School. Trial Technique was the course he was instrumental in 1989 in recommending that contributed most to liis career choice, and to Attorney General Dick Thornburgh that a teaching this course represents his commitcommittee onenvironmental affairs beformed. ment to theLaw School. �...Report S.B.A. Briefs New Lounge Afteragreat dealofdiscussion, planning and cooperation with theadministration, anew loungewas recently added. The new lounge was added to pro videanother common area for law students to congregate and to also add a warmer feel to this institutional building. The placement ofthe lounge on the first helps to establish a central location for law students. Perhaps future S.B.A. administrations might considerplacing additional bulletin boards up tbrgenerallaw student use. Nevertheless, this lounge is in_additionto ourcurrent lounge on the first floor. The problem in thepast hasbeen that students studying in thefirstfloor lounge have been displaced bylaw student groupsusing the room for meetings etc. The solution was tocreate a space forstudentswhich would not subtract fromareaswealready enjoy. Thelounge isa welcomeaddition and even more desirable since it was the product of studentadministration dialogue. The onlyitemremaining is a name forthe new common area. Ifyouhave a suggestion, put itonpaper along with an explanation ofthereasons not toexceedonepageandsubmittotheS.B.A.by Apri12,1993. Adecisionby theBoard ofDirectors will follow. I'd like to that Anna-Marie for all her assistance. Financial Seminar On March 30,1993 at 6:30 pm in room 106, the S.B.A. will be sponsoring a financial seminarforall law students. Topics to becoveredinclude sourceof financial help both during and afterlaw school, debt-management etc.. This seminarused to bearegular eventhere at thelaw school but somehow itwaslost in (he shufflebetween S.B.A.administrations during 1982-1983. Wellwe found it and havescheduled it for you. So watchyour mailboxes formore information whichshould beforthcoming this week. S.B.A. Executive Board Elections Well it's thattime ofyearagain. The elections are upon us. The officialvotes will be caston Tuesday March 2 3,1993 & Wednesday March24,1993 infrontofthe law library. The candidates are as follows: Office ofPresident: Saultan Baptiste Office ofVice-President: OfficeofTreasurer: Office ofSecretary: Gary Simpson PaulBeyer Kevin Collins TamieJoMorog Stephen Lee Marc Panepinto Shirley H. Fang The S.B.A. will besponsoringacandidateforumon Wednesday March 17,1993 109. Additionally, the candidate statements are in this issue of The Opinion sopleaseread, consider and ifyouhave a question,ask the candidates. I understand thatBLSA, LALSA andAALSA will also be conducting a candidate forum so just check with them, you'll find their numbers in the Phi Alpha Delta Directory. at 6:00 pm inroom S.B.A. BudgetReforms Atthe S.B.A.meeting onMonday March 15,1993(the snow day)the S.B.A. Board ofDirectors hammered out a budget reform package. We have outlined our proposals in theaccompanying article. Ofnote is the creation ofa lecture series fund, streamlined budgetary process, and astudentfee increasefrom $34.50 a semesterto $50.00 asemester. These reforms holda great deal ofpromisefor the futurerunning ofS.B.A. and I hope you'llread and ask questionsabout thesereforms. Iwouldalso like to take a moment and thank all ofthe Class Directors for building the consensus needed to get this package together. Student Group Budget Hearings As the groupsalreadyknow, the process forbudgeting fornextyearhas already begun. Overthenext few weeks the S.B.A. FinanceCommitteewillbeworking with student groupsto put together financialpackages everyone canlive with. Thisprocess willcuhninatewiththeannualendoftheyearS.B.A. "Budget Summit". Ofcourse everyone is welcome. Student GroupSupport As thegroupsalready know, the S.B. A. recently upgraded the studentorganizationphones. This is quitean event since the telephone equipmentpreviously being used some say dated back to the 19705. Additionally, the S.B.A. was forced to pay an exorbitantrental fee for that equipment. We are saving money and integrating modern technology all at once. Its a win-win. ThirdYears-ThreeThings One, we are almost done. Second, The Margulis Award. Dale S. Margulis, ofthe Class of 1982 died suddenly in August of 1982. To honor hismemory, his classmates, family and friends established thisaward. Itis presentedto thatmember ofthe graduating class whohas contributed mostto thelaw schooland the community. Candidates for the award are nominated by members ofthegraduating class and therecipient is selected by theDeans. You may submityour nomination to the Dean in writingby March 19,1993. Third, the candidates for student speaker at commencement are in. A list is posted outside theS.B.A. office intheglasscase. Incaseyoucan'tmakeittotheglass case, I've included their names below. The election willbe heldconcurrently with the S.B.A. Executive Board elections on Tuesday March 2 3 & Wednesday March 24 ofnextweek. SuzanneAbair.StuAustin... JillBarr...Shawn Boeringer... ScotFisher Carla Goldstein...Michael Hewitt...LouisHiggins...Frank Housh David Jones...BillKennedy.. ..DavidLask...HankNowak Jennifer Pitarresi...DeborahThuman...No Speaker Wehave a number of qualifiedcandidates and I wish them all thebest ofluck. continuedfrom page 1 process. The SBA is now using "zero-based budgeting.'' Each group will have to submita detailed,line-item budget and will berequired to justify eachand every part ofit. TheSBA will determine how much each group will , receive from the overall' 'pie ' based on the validity of these justifications. All of the remaining money will be distributed to the student organizations in this manner withone exception. Aftereachgrouphas submitted requests, the SBA Board of Directors will make an estimate ofthe amount ofmoney needed to fund all the lectures which will be presented during the coming academic year. We wouldlike topoint out that R& I has raised its user fees, and is capable ofraising themagain in thefuture. Therefore, the$20,000 figure is probably an underestimate. If there was no increase in the student activities fee, the R & Iincreases would have to come right out of the March funding or supplemental funding. In addition to thecomprehensive amendment in the appropriations process, theSB A is Moreover, the SBA is also proposing a lecturer/speaker series budgetary line in order to provide fora singlereliable sourceoffunding for lecturers and speakers. As a result of implementation ofthe new lecturer/speaker lineSßA groups willno longerfind itnecessary to utilize their operational funds forpayment oflecturers or speakers. Any funding in the lecturer/speaker line which is unutilized in a given fiscal year shallberolled over into the followingyear'sbudgetaryline. Student Fee Increase The present SBA allotment to R & I services for Academic year 1992-93 iss7soo. Based on the student usage study done in the Spring 1992,theSBAallotmentisscheduledto beincreased in 1993-94t0510,227. An increase in the student mandatory feeisnecessary tocover theincreaseof $2,727. foracademicyear 1993-94. Additionally, given therealitiesof inflation, further increases inR &I costs shouldalso be provided for in the fee increase. To cover these future increases, anotherS 1273.should beput aside inpreparationfor this event. A total increase of$4000 is necessary to ensure future access for lav/ students to R & I services. An increase in thefee to $ 50. would put onpar withthe fees chargedat otherstate law schools, such as the UniversityofCalifornia, GeorgiaState, and Rutgers, all ofwhichhave fees above this level. In light ofthis,the SBA is proposing a student fee increase to $50./ semester. The proposedreferendum shallread: The mandatory fee will be $50. per semester and this fee cannot be raised for at leastthree(3) years. Thefee increase will take proposing aflat rate funding criteriaforall new group startups. As offiscal year 1993-94,all new law studentgroups,having complied with all theapplicable procedures forrecognition as alaw student group underthe SBA constitution and bylaws shallreceive, uponrecognition by the SBA, the sum of$200. Said recognition procedures shall include but are not limited to having at least ten or morelaw student signatures as members, submitting agroup constitution to the SBA, and submission ofa satisfaceffect in the fallof 1993. tory budget request for the $200. ...Increase, continued/mmpage 1 offunds granted during the prior year. student organizations, the SB A isalso proposing $200.00 start-up funding forneworganizations which comply with specific SBA proceduresand is officiallyrecognized by the SBA as a student organization. To allocate student funding in a more effective manner, a budgetary policy willalso be implementedthroughwhich each groupwill be considered on the basis oftheir individual annual budgetproposal,ratherthan theamount Benefitto StudentGroups: Although several class directorshave expressed concern regarding theextentofthe increase, most feel that an increase is necessary. SBA President William F. Trezevant stated,'' Given our (SBA' s) trackrecord with the usage ofthese funds, the incremental increase is immeasurablewhencompared to the benefits to such organizations as theDomestic Violence Task Force, the Prison Task Force.. .and other student organizations '' Hearing on theViolation ofWomen's Human Rights An " International Hearing on theViolation ofWomen' s HumanRights'' willbe heldThursday,March2s,l993 from6:3o- 10:00p.m.intheauditoriumofthe Buffalo Museum of Science, 1020 Humboldt Parkway. The hearings are sponsored and organized by theHuman Rights CenteroftheUniversityat Buffalo and VrVE,lnc.,an organization of world refugees. The event is free and members ofthe public are encouraged to attend. The hearing is being held to documentfemale humanrights abuses around the world, including within the United States. The Buffalo hearing willfocus onrefugee women, women who are victims of domestic violence, and women in poverty. Testimony will be taken from women who have directly experienced human rights violations and from serviceproviders,academics, and activists whohaveboth worked withthese women andhave advocated on behalfofwomen inWestern New Yorkand around the world. Persons ottering testimony include women from Somaliaand Liberia, as well as stafffrom theCenterfor Victims ofTorture inToronto and Haven House, a Buffalobased crisis center for women victimsof domestic violenceand their children. Persons hearing the testimony formapanel oflocal officials in government, law, the judiciary,health care, social services and immigration.'' Hearers'' arepersons who have the ability to take information from the hearing and use it to sensitize, educate, and, in some cases, alter the way women who suffer abuses are both perceived and treated within the various systems mandated to facilitate services and provide legal representation. Documentation from the hearing will be forwarded to i .nome Blanca, the Secretary General ofthe June, 1993''World Conference on Human Rights'' to beheld in Vienna. Reports from women's hearings all over the world are being sent to the Secretary General withtheexpresspurposeofasking the 1993 Preparatory Committee for the conference to comprehensively address women's rights at every level ofthe conference proceedings. Thegoal is to convince the conference organizers and other human rights bodies to recognize women's rights as human rights and to take direct action to redress systematicattacks on women's humanrightsaround the world. This international campaign is coordinated by the Center for Women's GlobalLeadership at Rutgers and the International Women's Tribute Center at the I Inited Nations. More information and a list of persons providing testimony and the panel of hearers areavailable from Julia I lall or Jamie Han at the Human RightsCenter at 645-20730r833-2564. March 18,1993 The Opinion 9 �Simpson & Collins, Baptiste, continued frompage 6 manoftheNYU Council ofPresidents while an undergrad, I wasable to address the concerns 0f215 studentorganizations withvarying ethnic, politicaland individual interests. Through effective leadership, I was able to develop a commonagenda through whichpositivechange was mobilized and implemented. I am committed to applying those same skills to improve the quality of life here at UB law. As students, we have all come to law school for differentreasons, but we share the common desire to do our best academically and to get agoodjobupon graduation. Firstand foremost, my job asPresidentof the SBA is to increase the value ofourdegrees and make us morepro fitable in the jobmarket. This is done by working to enhance the qualityofoureducation and creating an environment for students to be moreproductive in theiracademic pursuits. IfI,as President, can help you to be a moreproductive studentby guiding you to a appropriate source withoutthe beaucraticrunaround, or helpyouto selectyour courses with aCourseEvaliiationGuide,oreffectivelylobby withthe administration on your behalf, then I am doingmyjob. As UB law students,you don't needany moretoftypromises-Youwantresults! Throughout our campaign, Paul and I have tried to represent the samelevelofcare, professionalism, and commitment weintend to perform as youradvocates in student government. Idonot claim to know allthe answers,but withaunited SBA, that is committed to representing your interests in a professional manner, those answers can be fostered, developed and madea reality. I am committed to doing my best and continuing to produceresults foryou. Please support both Paul and I during next week's , election. You are the SBA andyour vote can ma I.; a difference in your lifeand the lives ofyour fellow students. Thank you foryour time. Beyer, cooperation inaddressing people' s needs. A myriad ofimportant issues face UB law students in the coming year: the confusing of the new grading system and the controversy overits effective date;thelack of nature timely feedback from professors; the loss of office and community space inO'Brian Hall to other schools; and day care, among others. In addition, I will also develop a grant-writing training program for groups and interested students and provide monetary incentives which rewardgroups foreffective fundraising. However, these issues can only beaddressed if we build a stronger, more unified SBA. That starts with effective leadership; the type of leadership that I, along withmy Presidential running mate, Saultan Baptiste, can provide. In 1989, the American Cancer Society came to me with some of the same problems thatthe SBA is having interms ofadvocating effectively. Ideological differences among theirBoard ofDirectors hadledto inactionand theirissues were notreceiving adequate attention in the state legislature. In a short time, I brought them togetheraround acommon mission, organized their grass-roots constituency and made them a respected and influential player in the legislative arena. I have already begun a similar process within the SBA and I am confident that it will result in greater student influence with the Administrate in and a heightened ability for the SBA to representyour interests professionally. With your support, I will continue this approach as your Vice President. Thawk y< )iiand Iencourageyou to votc<>n March23rdor24th. Vote! I 10 The Opinion scholarship sources manual - Lobbying theNew York StateLegislature and New York State Executive agencies for summerjobsand internships The team ofSimpson and Collinsoffers a diverserange ofexperience andknowledge necessary to be effective leaders. Simpson brings the experience o fa seniorassociate for a New York State Legislative Commission as a program evaluator, with an extensive background inpublic policyand budgeting. Forthe past two years, he has been actively involved invarious groups ranging from the BLSA, the Sports andEntertainmentLaw Society, to the DesmondMootCourtßoard. Collinsbringsthe dedication to and belief in effective representation. He has been very active in student groups, including theLabor And EmploymentLaw Association (LAELA), theNLG and BPILP, as well as creating the Group Spotlightinthe Qpjniojiin an effortto enhance student awareness of the various groups in existencehere at theLaw School. Collins was a Shop Steward for a union in New York City. He recently assisted the Graduate Student Employees Union in organizing here at ÜB, and is currently a Student Defender in the University disciplinarysystem. The team ofSimpson and Collins have known each other for two years. This team shares similar ideals for enhancement ofthe Law School'sreputation throughouttheregion and the nation. As Layout Editor and News Editor, Simpson andCollins have workedtogether on the Opinion for the past two years. Moreover, Simpsonand Collins have coordinated their efforts to diligently bring about positive change in the SBA. Together, the team of Simpson and Collins will strive to provideall Law Students withstrong representationthrough effective teamworkand assertiveleadership. If you believethis is the type ofstudent representation youdeserve voteSimpsonand CollinsonTuesday,March23 and Wednesday, THE LABOR AND EMPLOYMENT LAW ASSOCIATION THE LAW STUDENTS FOR CORPORATE ACCOUNTABILITY PRESENT THE FIRST ANNUAL WORKER AND CONSUMER RIGHTS CONFERENCE WEDNESDAY, MARCH 31, 1993 IN ROOM # 106, O 'BRIAN HALL U. AT BUFFALO LAW SCHOOL, NORTH CAMPUS AMHERST, NEW YORK 14260 FIRST PANEL: CONSUMER RIGHTS: 10:00 A.M. SECOND PANEL: WORKER RIGHTS: LABOR ORGANIZING IN THE VO's: THIRD PANEL: WORKER RIGHTS: THE ROLE OF LABOR ATTORNEYS: EMPLOYEE ADVOCACY IN THE VO's: - 4:30 P.M. 7:00 P.M. RICHARD CLARK, NEW YORK STATE DIVISION OF HUMAN RIGHTS JENNIFER A. COLEMAN, PRACTITIONER (EMPLOYMENT DISCRIMINATION) RICHARD FURLONG, INTEGRATED LABOR SYSTEMS JOSEPH KINNEY, NATIONAL SAFE WORKPLACE INSTITUTE TONY OPPEGARD, MINE SAFETY PROGRAM (KENTUCKY) JOHN PATTERSON, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES SCHMIDT, FARM AND MIGRANT WORKERS LEGAL SERVICES ROBERT SZYMANSKI, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION EVENING PRESENTATION AND DISCUSSION: 7:00 P.M. ANDREA SAMMARCO, PEOPLE FOR THE FOR FURTHER INFORMATION CONTACT: ■ March 18, 1993 - 8:00 P.M. ETHICAL TREATMENT OF ANIMALS JOSEPH BELLUCK, (716) 645 KEVIN COLLINS, (716) 838 - - 2748 0654 CO-SPONSORED BY: THE GRADUATE GROUP ON HUMAN RIGHTS, THE LATIN AMERICAN LAW STUDENTS ASSOCIATION, THE NATIONAL LAWYERS' GUILD, THE STUDENT BAR ASSOCIATION, THE STUDENTS OF LAW FOR ANIMAL RIGHTS Fang, copier. I feel the positionofTreasurerrequires continuity. During my tenure as SBA Treasurer, I have established aworkingrelationship withSub-Board Oneand withthestudentgroups themselves. I have laidasolid foundation from which I know I can increase efficiencyand cost — soas to streamlineand expedite the repayment ofthestudentethemselves. This wasdone with the help ofthe new AdministrativeAssistant. With the Administrative Assistant in place, the SMA () Hlce was open to students at specified hours to till out any necessary forms and, more importantly, to allow them access to the - 4:30 P.M. 2:00 P.M. RICHARD L. AHEARN, NATIONAL LABOR RELATIONS BOARD ELLEN GALLANT, COMMUNICATIONS WORKERS OF AMERICA TONY MAZZOCCHI, OIL CHEMICAL AND ATOMIC WORKERS UNION JAN PIERCE, COMMUNICATIONS WORKERS OF AMERICA DUANE STILLWELL, AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION JERRY TUCKER, UNITED AUTO WORKERS, NEW DIRECTIONS MOVEMENT savings forallthestudentgroups. This is whatI am offering to you: MY EXPERIENCE AS THECURRENT TREASURER AND A PROVEN SYSTEM IN Morog THINGS DONE. PLACETHATGETS continued from page 6 I hope you will all take the First ofall, SchoolBoardregarding budgetcuts, and settime to go out and vote. And ifyou do VOTE tling arguments between my 7 and 8 year old EXPERIENCE; STEPHEN LEE FOR FOR daughters, I have developed valuable skills Iwouldalsoliketoextend SBA TREASURER. which will help the SBA next year. These to all the other candidates the best of luck diplomatic communicationsand management running for the various other executive skills will allow me to interact effectively positiouns. with the diverse groups ofstudentsattending law school atÜB. Panepinto 3.1 havemetanumberof students here 6 continuedfrontpage havebeen and involved in the UB community inmany differentways.I haveawell-rounded baronarotaring basis idea ofdifferentfacets ofUB andam looking the expresso/capuchino they much like dothepresentcoffee sales. The forward to increasing myknowledge about the revenue generatedfromtheexpresso/capuchino school-itsprograms, itspolicies, its students, its faculty and itsadministration duringthe bar will be larger and more consisent than the funds presently raised because ofthe larger nextyearasvice-presidentoftheSßA. fitmarginofexpresso/capuchino compared pro When you vote for me you can rest to co ffeeand the dailyoperation ofthe service. assuredthat I will bring integrityand organizaLocationoftheexpresso/capuchino bar tionskillsto the SBA. In addition, I will do my thefirst floor loungeprovides acomfortable in best to represent eachindividual studentforthe atmosphere which is more conducive to stubenefit ofall. dent interaction than the hallway and might also promote faculty and student interaction. Lee, To quotea much overused phrase: this idea is continuedfrompage 6 a' 'win, win situation for everyoneinvolved. but, more importantly, to SAVE themmoney. SBA invests studentfees into an activity which Thefirststepwasthepurchaseofacopier. This increases therevenue ofstudent groupswhile copier helped the student groups stretch their at the same time creating an atmosphere which budgets morebecause thestudent groups were promotes interaction between the entire law charged lesspercopyby theSBA. Thenextstep school community. was thereplacement ofthe old rotary phones to If elected SBA Treasurer, I will work the purchase ofnew touch tone phones. This to achieve this objective, and any vigorously was doneto save the student groups the long other ideas which are innovative and fiscally term rental costs ofthe oldrotary phone equipviable. I envision SBA as an organization ment. My next goalwas to restructure the SBA - 1:00 P.M. PAM GILBERT, PUBLIC CITIZEN CONGRESS WATCH MARK GREEN, NEW YORK CITY CONSUMER AFFAIRS COMMISSIONER RUSSELL MOHKIBER, EDITOR, CORPORATE CRIME REPORTER ARTURO RODRIGUEC, UNITED FARM WORKERS CHARLES TIBBETT, PRACTITIONER (ENVIRONMENTAL LAW) March24. continued frompage 6 tV.'VV continued frompage 6 which shouldbegin to respond pro-actively to studentneeds insteadofcontinually reacting to problems. As SBA Treasurer, I will promote pro-active student government which meets the needs ofall law students. Sincerely, Marc Panepinto I Vote! Votet| continued from page6 justice system. My experiences as a staff member instilled in me the belief that programssuch as these are imperative for restor- ing faith in the judicial system forthose insular groups whichare oftenignoredor systematically discriminated against in society. There is no doubt that in this particular program, the Chinese-speaking staffis better able to communicate and develop a rapport with these victims and to break down their fears and misconceptions about the judicial process. Additionally, I wasalso a volunteer for the District Attorney's Domestic Violence UnitinNew YorkCity.This unit, whichhandles the prosecution of cases involving battered womenand physicallyabused children, monitors and screensallcases ofviolence within the family unit. Asa volunteer staffmember, my workconsistedofguiding victims through the criminal justice system. One of my primary responsibilities on thisunitmc luded providing victims and theirfamilies withcounseling in an effort to minimize the traumaand hardship ofnumerous and lengthy court appearances. Hence, Irecognize the importance ofcounseling victims of domestic violence in order to help them overcome the emotional and psychological trauma associated withvictimization. My undergraduate experiences at the University of Pennsylvania in Philadelphia hasalso made me vastly awareoftheproblems endemic in our community at large. As an active member oftheKite and Key Society, a studentorganization dedicated to University and community service, I participated in activities such as the Step-One Tutoring Program, the Ronald McDonald House, and Philadelphia'sHeadstart Program. As an active participant in these community service activities, I progressively became conscious ofthe dailycircumstancesand problems which confront inner city inhabitants. Therefore, my exposure to thesevaried interests convinces me that citizen activism and participation is pivotal in addressing the inadequacies and the unfairness in society. Equally important, my experiences provide inewith the fundamentalsof management and leadership necessary to effect changes. ( 'onsequcntly I strongly urge your support of jUtyjiyindidacy as Secretary ofthe SBA. , �FDGFDGR REdsf sdf Latin American Law StudentsAssociation What: Speaker: Srta. MagdaEnriquez, the Sandinista representative to the US and Canadian governments When: Thursday, March 18 at 6:00pm Where: 212 O'BrianHall Shewill be speaking onthe human rightscondition ofNicaraguan womenpre- and Lowdo post-Sandinistaßevolution. wn: What: Latin Night at Mulligan's When: Saturday, March2o at 10 pm-?? Where: Mulligan'sonHertel Avenue Lowdown: Dancing, Dancing, Dancing! Getinvolved, participate,and celebrate with us our Latin American heritage! AsianAmerican HeritageWeek What: Film: "BlueCollarand*Buddha" When: Monday, March 22 at 12:30 Where: Firstfloor lounge, O 'BrianHall Lowdown: Filmexamines misconceptions about Southeast Asianrefugees living in Illinois and therole ofthe Buddhist Church in the community. ...Compete continuedfrom page 3 Mississippi. peals. Thejudgeswerelocalattorneysuptothe quarterfinals after which local judges were presentatthe finalrounds. As the competition marched ahead from exordium toperoration, In termsofconstructive criticism, Mike mentioned that several teams that competed againstBuffalo indicated to him andMichelle thattheir schools were very devotedto Moot Court Certain schools evengave tuition waiversto students whomade itto the finalrounds. In addition, there were appointed full time faculty members at certain schools who only coached Moot Court Teams. Mike stressed that perhaps Buffalo must begin to display moresupport for its students in terms ofcoaching and encouraging students to get actively involved in these competitions. MichellementionedthatasthCircuitCourtof Appealsjudge by the name ofJudgeWisdom sat in on the finalrounds. Shifting gears to the hedonistic part of this trip, Michelle and Mike mentioned that theMardiGraswas"funtastic." They visited the zooinNew Orleansand even sojourned into the "Big Sleazy" onßourbonSt Thebanquet for the competition was held on the Creole Queen, apaddle boatthat wentup and downthe Tonight! Thur3/I8 Four Local Bands Headline CIRCLES Benefit The 2nd Annual Circles: The Buffalo Women's JournalofLaw and SocialPolicy fiindraiserwilltakeplace 18,1993,10 p.m. - 3 a.m.. The Jazzabels, Kathy Moriarty and Planet9,Gary Stormand the Seventh Generation, and The Hot Cargo String Band aretheline-up foran eveningof folk,rock, jazz, oldclassic, and hotoriginal music. Tickets may be purchased at the doorfor $5. Circles is an interdisciplinary journal published by students of the StateUffiversity ofNew Yorkatßuffalo SchoolofLaw,theDepartmentofComparative Literature, and otherinterested students. Circles provides aforum for exploring the legal and social challenges facing women ofdiverse races, classes, and cultures. Themedia ranges from articles, commentaries, poetry, fiction,bookreviews, photography and artwork. Circles, in its second year, is dependenton grants, donations,and fund raisers for funding its publication. All proceeds from the benefit will go to at Nietzsche's on March publication of the second volume of Circles. What: Film: "UnfinishedBusiness" When: Tuesday,March23at3:3O Where:Firstfloorlounge, O'Brian Hall Lowdown: Academy Awardnominated film documenting three men whorefused tobe interned and were imprisonedfor violating ExecutiveOrder9o66.The filmalsoshows effortsby the three toreopen theircases and overturn theirconvictions. What: Asian Food Fair When: Wednesday, March 24 at 12:00noon Where: SecondFloor,O'BrianHall Lowdown: Sample avariety offoods foronly $3.00 per plate. What: Speaker: Elizabeth Ouyang When: Thursday, March 2 5 at 12 noon Where: FirstFloor lounge, O'Brian Hall Lowdown: Ms. Ouyang, the StaffAttorney forthe Asian AmericanLegal Defenseand Education Fund, will be speaking on monitoring hate crime trialsand public interest work in the Asian American community. ! Tonight!Thur3/l8 | S Hibernian Law Society S i Annual St. Patrick's Day Party i I at "The Left Bank," Rhode Island,Buffalo, B:3opm $3 for unlimited beer and some food (til midnite) | Commencement 1993 Commencement 1993willtake place on Sunday, May 16,1993,at6:00p.m.in the AlumniArena. Areception willbeheld immediately following the ceremony in the Student Activity Center. More details on that at a later date. There is no limit on the number ofguests youmay invite to the ceremony or thereception. Rentthe cap, gownand hood atthe UniversityBookstore now throughApril 2nd forjusts4s.9o Call for Papers! The Federalist Society announcesacall forpaperswithachance to win money. The topic? To critically discuss the following rule in terms ofboth its Constitutionality and it's impacton the goals ofeducation: w? lfirstG/nri The University of Wisconsin, responding to an increase in the incidentsof discriminatoryharrassment, amended its student conduct code. The new rule provides that: "The university may discipline astudentin non-academic matters in thefollowing situations.. .2(a)For racist or dis- criminatory comments, epithets or otherexpressivebehaviordirected at an individual or on separate occa- sions at different individuals, or for physical conduct, ifsuch comments, epi thets orotherexpressi yebehavior or physical condiic I intentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry orage ofthe individual or individualsand (2) Create an intimidating, hostile or demeaning workenvironment foreducation, university-related work or otheruniversity-authorizedactivity." Papers will be judged on the quality oftheir content, not on the conclusionreached. The amount of the prize will be determined by the numberofpeoplewho submitpapers. Ifthereare 1 -2 entries,thewinnerwill receive $ 50.00;3-4 entries,thewinner wiUreceives7s.oo;sormoreentries, . ■ •-'"••■ ' '' ■••"'' ■ V thewinner will receive $ 100.00. Copies of the rule can be obtained on request from Box 785. Submit all entries to Box 78 5 by April 1,1993. There isatenpagemaximum and it must be double spaced. March 18,1993 The Opinion 11 �1993 BOOKS ARE IN! BOOK DISTRIBUTION BEGINS: TUESDAY MARCH 16TH REMEMBER: You Must present Your Book Distribution Card and Return Any Old Books to Receive New Ones. IPJgip «■! Ipfji 'frXjl CLASS OF 1993 PLEASE NOTE: MARCH 16TH WILL BE THE LAST DAY TO SECURE THE $1245 TUITION. AFTER THAT DATE THE TUITION WILL BE FULL TUITION: $1395! BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-03-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/18/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cee088700fcf7215974bc4a95a34a63b.pdf c691b43be86d89efe5c2a4fa717e2164 PDF Text Text THE ONION Volume 33, No. 15 March 30,1993 "All the News that Fits in Print!" Battle of the "Bourgeoisie" Set for May 16 by Cash S. Clay Special to The Onion They' yebeen sparring witheach otlierat every trendy law school' 'kegger'' party for (lie last year, but now they'regoing to duke it out one last time, in the fight ofthe year. Unlike professional boxers, however, these two champs don't fight in a weight class, they fight in the social-political class know as the "bourgeoisie liberal-left," or "Bourg'ees", for short (pronounced «bu'-jeez»). On May 16, UB Law third year Scot '' Spittle" Fisher will battlefellow third year Scott "By Hook or by Crook" Rudnick to decide who's the better "Bourg'ee." Physically, these two fighters couldn't be more different. The tall and lanky Fisher has a definite reach advantage over the short and paunchy Rudnick. Although slower to the punch, Rudnick has the clear "law school brawl" advantage,having tangled withnone otherthan the oh-so-lanky Federalist Papers editorNorbert Higgins. Last year's Higgins conflictmayjusthavegivenßudnicktheedge heneeds forthis upcoming fight. The fight to end all fights between the two is scheduled to begin following thegraduation ceremony. Althoughitwould be ideal to hold the event in Alumni Arena, while the family and guests of the graduatingclass are still present for the spectacle, fight promoters Bill" DonKing Trezevantand Saultan' 'Flash in theBucket Baptiste, have not been able to work out a deal with the Administration for charging admission to the fight. "Iworkedhar nurturingFisher forthis fight whilehe served wanna say that when I go to a party and Scot on the SBA. The Administration hasanother Fisher's there drinking, youknow,I justwant thing coming ifthey think I'll be generous on to say.. .uhm.. .Why doeshe doit?.. .No, he's this one. I' 11even use my contacts on thelaw ...Battle, continued on page2 school faculty if I have to," commented Trezevant. He has taken a hardball stance in the negotiations. However, Baptistewasmorephilosophical, saying that "as the newly elected SBA president, I have theresponsibility to generate income forthelaw school studentbody wheneverthe opportunity presents itself. These two shouldn't be allowed to make a spectacle of themselves for free.'' Fisher, reached forcommentearlierthis week, said [he] has nopersonal gnidgeagainst "Fighting is so violent, I find it utterlyrepulsive.. .and I never engage in it. .but, you know, . -ScottR.- Rudnick, but, like,you know, itslike whenyou have abad hairday,which I always am having, oryoucan'tget that messageonyouranswering machine right like.. .like.. .itjusthappens." Rudnick, however, feelsFisherhas been stepping on his toes for some timenow. " I just "Planet Janet" Gets the Call hi 1987,ProfessorLindgren wasasked to by Russ T. Bailiff' President Clintonannounced his first return to UB to redesign dieResearch & Writnominee to replace retiring Supreme Court ing program. Withgreatreluctance she left the JusticeByron White. The proposed new Jus- popularsitcom, and took onresponsibility for tice will be Professor Janet Lindgren of the theentireResearch & Writing program. ProfessorLindgrenbelievesthatshehas Universityat Buffalo SchoolofLaw. The president voiced a great deal of thoroughly shaped theprogram. She feels her enthusiasm over his choice of Justice. He successors will be able to follow her program especially noted her great oratory skills,which and continue to teach students the excellent have madeher quitefamous atÜB. "She'sa methods she implemented. '' I have full faith far more interesting speaker thanme," said the in Professor JohnHenry "Jack" Schlegeland president. "I'm especially impressed with her Audrey Koscielniak [formerly Directorofthe perfect timing ofknowing justwhen to finish CareerDevelopment Office],who will betaka speech. I believe I could learn a lot fromher." ing over the program inmy absence.'' Reactions among the eight Supreme The president also noted her warm personality. He said howmuchhe and Hillary are Court Justices who may be working with impressedwithherpersonablequalities. First "PlanetJanet" were varied. JusticesBlackmun Lady Hillary Clinton commented, "On only and Stevensboth voiced enthusiasmovertheir our fifth meeting she remembered my name. upcomingretirements. ChiefJusticeRehnquist She even said 'Hi' toChelsea the seventh time complained about the typical choice ofany Democratic president. Justice Scalia, with a she saw her." ''Planet Janet, as she isaffectionately gleam in his eye, commented "I'm sure she'll referred to by her students, has had a long and do a fine jobofspeaking for the liberal side of diverse career. She began her career acting the Court.'' JusticeSouterhad nothingto say. Justice Thomas was most enthusiastic with Great Britain's own Royal Shakespeare Company. Herroles ranged from p lay ing the about working with Professor Lindgren. He "third sailor" to playing the title role in commented, "I'msure she'll makeafine, fine "Othello." Justice. That commanding voice and those In 1970 she left thecompany topursue funky boots really turn me on.'' ProfessorLindgren islooking forward to a legal career in the United States, joining the Faculty ofUB Law in 1973. She engaged in serving on the Supreme Court. She comseveral projects at ÜB. Her most notedproject mented, "I'm very excitedaboutworkingwith was designing the currentcourse registration Chief JudgeWapner. And I can'twait tohear procedure for the Admissions and Registra- an oral argument by the great attorney Perry Mason.'' Shealso mentionedherplans to teach tions Department. In 1982, Professor Lindgren took a theother Justices her innovativeresearch and lengthy sabbatical from the law school to writing skills. Students and faculty at UB Law are briefly return to her acting career. From 1982 to 1987 she starred in the popular sit-com wondering how they' 11fill the huge gap left by ' 'Cheers.'' Fans mayremember her as thevery ProfessorLindgren. So far, applications have down-to-Earth waitress Diane Chambers. beenreceived from formerUßLaw Professor According to Lindgren, "I wouldn't even call Jeffßlum,retiringU.S. Attorney DennisVacco, that acting. The character justcame naturally Governor Mario Cuomo, and U.S. Supreme Court Justice AnthonyKennedy. tome." Broadway BobArrested! Occasional law schoolparty crooner Bob " Broadway Gormley was taken into custodythis pastFriday for fraudulently collecting foodfor thehomelessand then eating it himself. Bob, whois verypopular figure throughout thelaw school, began collecting food for the homeless outside the library lastyear. His initial efforts were very successful, and thetable soon began appearingregularly. Strangely, though, Bobrefusedassistance . from other law students. The arrest may explain why. The investigation intothecrime was long andmethodical Infact, no one had reason to suspectBob ofanywrongdoing untilhe beganbreaking violently smelling windin class sometimesaudibly windwhichcould only bethe product ofacertain unpopular brand of canned chili he regularly collected at the table. Though his fellow students grew accustomed to the smell, they couldn't help but wonder. Bob's behavior became more suspicious this past semester, however, when he beganrequesting certain brands fromhis donors,and even specificfoodsofeach ofthose brands. Some donors questioned therequest, but Bob explained thatthehomelesshe was helping simply happened to have good taste, and, coincidentally, liked the very same foods he did. Fellow studentsalso noticed how Bob had begun to buldge at the sides. An anonymous tip finally didhim in. An Erie County Sheriffs Office operative plantedamarked food item atßob'stableand then followedhimhome. When the SWAT team kicked in Bob's door, he was in the midst ofplacing the marked box ofmacaroni and cheese into hismicrowave. He offered no resistance, yet demanded to be allowed to finish hislastfree" meal. He is now being held withoutbail at Erie County holding - center. - �Battle, continuedfrompage 1 gottagetdrunk first" Rudnickadded, "Fighting is so violent, I find itutterly repulsive.. .and Ineverengageinit.. .but,youknow,hejustgets mygoat. Well, all I have to say is that,by hook orby crook,l will bring him down in thisfight" Independently, both Scotand Scott agreethat there is simply not enough room for both of themhereoranywhere. What trulyhas givenrise to thedisputes between these two members ofthe seemingly samepolitical camp remains amystery. Both are ferventNLG members, both hog thefloor atSBA meetings, bothparticipate ad nauseam in the samebourg'ee liberal, touchy feely law school seminars. Who knows? Maybe its simply that onelaw school is simply not big enough to hold two knee-jerk liberals at the sametime. In any event, only onewillprevail come May 16. May the best Scot/Scott win. NEW COURSES FOR NEXT YEAR Law School Comparison Negotiatinglnstruments -James Atleson Using the banjoas a primary example, this seminar will focus on the use ofmusical instruments, as well as vocals, to bring management representatives to their collective knees. Enrollment is by permission only,and a screening will be held. Ton a wanda Creek, A GlobalPerspective -BarryBoyer This lecture will examine the devastating globaleffects ofenvironmental damageto our very own backyard waterways. Register now—so%ofclasstimewillbedevotedto field visits in order to get hands-on experience in cleaning polluted sites. Tenureand theWorld of Legal Academia -Charles Carr Thislecture looks at the confusing nature of the tenure process, the role of other Faculty members and resolution of tenurerelated problems. Guest speakers to include Lucinda Finley and Jeffrey M. Blum. -LucindaFinley This course will focus on the radical differencesbetween law students fromaround thecountry, particularly YaleLaw School and ÜBLaw. Emphasis will be on identifying the cause, and charting thedevelopment, ofthese differences. Library Etiquette -EllenGibson This lecture willaddress the problems inherent in law students usinga library before theyare matureenough to handle any responsibility. It will particularly focus on having respect for othersand for library materials. Advanced Legal Writing -WadeNewhouse This seminar will focus on the art of writingmemos and the properuse o fextensive footnotes and appendices, particularly when approaching the topic from a historical perspective. The Art ofLegal Instruction -John Henry Schlegel This course compares instruction in Expert Witnesses black-letterlaw to instruction by way ofmean-Charles Ewing ingless '' legalramblings. The focus will be This seminar will be devoted to use of on establishing thatramblingsprovecontract expert witnesses in litigation. It will specifilaw is dead and corporations law is wholly callyaddress the useofthe samepsycho logical defined by The Wall Street Journal. experts by both parties. Rudnickhadthe upperhand overFisher at a recentLaw Schoolparty. Pope Blesses UB by Yod Crewsy, Special Reporter Pope JohnPaul II came to ÜB's North Campus on Saturday, March 27, 1993 to offera special benediction forthe thousands ofstudentswho study here and are thus subjected tothis architectural nightmare. He was overheard as he cursed the layout ofO'Brian Hal 1 during his tour, but seemed content tospend his time at the new SAC. The Pope also said a quickprayer forthe soul ofthe one who designed these "buildings from Hell," and wished all ofus good luck with upcoming exams. The Pope tooktime out ofhis busy schedule to grantaprivate visit to Prof. JeffBlum. When askedaboutthisvisit, Pope JohnPaul II replied, "thebastard served me whileat the Vatican." However,the Pope adamantly refused to grant a similar visit ot Prof. John Schlegel. i* t 2 + / -9 I- >> ' $$$'■'■'•'■ ■■ il Ik 11 11 SI I II �WHAT'S GOING ON? "OSCAR DIALOGUE" The following are excerpted snatches surprised at howmany guys in theHibernian ofaconversation between The Onion' 'Cheap Society developed crushes on Dil. If they Seats" critic, Bebe Zeke, and Marcus ever grow up and graduate to the Ancient Abraham, an up-and-comingNew YorkCity OrderofHibernians, theNew York City St. screenwriter. Patrick's Day paradecould take on a whole new complexion. Marcus, time BZ: Well, it's Oscar MA: What I wonder is what would again. Anythoughts to start us offwith? MA: Yeah,sure. Yaknow,on Sunday happen ifLt. Col. Frank Slade (Al Pacino 's I spenttheafternoonswitching back andforth role in "ScentofaWoman") crossed paths between "March Madness" and "Dirty withDil (Davidson's character). BZ: What do you mean? Harry" and I thought, "Geez, they don't make movies like that anymore.'' MA: Well,Frank Slade, whois blind, BZ: So, what's the connection be- confesses thatthere is nothing in the world tween ''Dirty Harry and Oscar. that gives him more pleasure than women. He is areal connoisseur. One ofthe skillshe Noapologies Simple. Noguilt. MA: for blowing some dirtbagaway. I think we has honed is the ability to identify the parshould celebrate sex and violence, not run ticular typeo fperfume or soapthata woman awayfromit Inhisnewmovie, "Unforgiven," iswearing,merelybycatchingawhiff. My we geta big dose ofClint, but without the question is: If he passed Dil on the street, wouldheknow? glint. BZ: What do you think ofPacino's BZ: "Unforgiven" hasalsopicked chances? up acoupleof Best SupportingActornomiMA: He'smypick. Howcanyounot nations forGene Hackman and Richard Harris. Anything there? vote foratough,old guy wh6likespussy cats? MA: Richard Harris looks an awful BZ: Actually, the whole idea of lot like my dead grandfather. It's the white identifying awoman by the way she smells hair and the booze-creased face. I guess the reeks ofpolitical incorrectness. Perhaps, a lessonis thatexcessive alcoholism works for ripe topic for a Professor Isabel Marcus character actors, but not for Taystee bread seminar. But,let'smoveon. Whodoyoulike truck drivers. for best actress? BZ: So, who do you like in theBest MA: Susan Sarandoninacakewalk. Now that she's kept her shirt on in two Supporting Actor category? MA: Gotta go with Big Jack as the consecutive flicks, I think the old farts atthe bad-ass Grand Poobah from Guantanamo Academy willfinallyacknowledge her work. Bay. Some people are talking about David BZ: Best Supporting Actress? Paymer for Billy Crystal's agent/brother in MA: GottagowithMarisaTomeifor "Mr. Saturday Night," but any time they "My Cousin Vinny." It'sabout timefora trowel onthe make-up to make him looko Id Brooklyn accent to get its due. Besides, I I just want to throw up. liked her lipstick. BZ: WhataboutJayeDavidson,who BZ: Any comments about movies has gotten so much press for the supporting that weren't nominated? role in "TheCrying Game?" MA: Best line in a movie: I don't MA: Finally, somefrontal nudity. It wantto giveit away, but ifyou seePassion justdidn't twirlmybaton. It did seem to be Fish" think "analprobe." I also was very abighitwith the "bourg'ee" crowd though. fond ofJenniferJason Leigh' s performance BZ: Yeah,hereatschooltheLGLSO in Single White Female.'' She wins my and the NLG really dug it. Frankly, I was award for BestFemale Onanist. CLASS NOTES FORTHE CLASS OF 1993 ing in illicit "Phone-Sex".. .ACCorDemployee, and 3L here at U. 8., wins award for , sexism; 'bridging the gap between life, love, and law school-known to be contemplating marriage.. .Irish-Spanish princess, still turning 'all sortsa' heads and other things when she dances.. .Accordionplaying3Lisjoininghis folk singing bride-to-be formusicand grazing. Head-Fed defendshisrelative DavidKoresh as aLibertarian exercising his property rights. Third Year dog-boy hater with an intense interest in criminal law practice to receive the' 'Dahmer'' Fellowship, a one year grantto work on conjugal visitationrights for .Rumor has it thata certain Jeffrey Dahmer.. , 'Zionist law student has shed his repressive cloth and willbe marrying his "shiksa" sweetheart Also, in the marriagevein,a soon to be law grad from Illion, N.Y., will marry his SCHOOL NEWS father's second cousin.. .Sources have conWomen: firmed that a U.B. Law Sri-Lankan male is Recent Study shows that U.B. Law being investigated in relation to the World Trade Centerbombing.. .Onabrighternote,a School women have more sexthan womenat certainMs. 3L Law Review wonan award from any otherLaw School. In anon-genderpreferAARP for her achievements'and endeavors ence test, they topped the list U.B. Law School withthe elderly. .A3LmalefromN.J.wonthe men, however, were at the bottom of the sex Revlon Hair Coloring Grantfor 1993, which frequency list. Figure That Out??? (Except for includesalightershadeofblond.. .An illustri- MoisesJuliao) ous near-grad, "the moon" from Boonville, School Ranking: is a Medical in taking part experiV., U.B. N. U.B. Law School also ranks in the top mentfor'Phallic' enlargement.. Word has it, quarter ofall law schools among people who alittleMarc Hirschfield is on the way.. Our know nothing about law school education. The current SBA President has turned down an ranking suggeststhatthese "LA. Law' '-watchAfrican-AmericanAward, acknowledging his ing peoplemoreaccurately represent our stutrueItalian ethnicity.. .Onamuchsaddernote, dent body. These people praised the general 3rd yearPalestinian explodes on his 11 th trip feelings ofapathy and thedenialofreality so to a buffetline; his tragic deathmarked by a prevalent in our curriculum, and expressed a loud belchfollowed by his explosion.. .Opinion strong desire to apply here. Editor to be taking job with Little Caesar's Employment News: Corporation as 1994 Pizza Poster Boy.. .3L CDOhascompletedastudy which shows Asian ex-rugby hunk soon to meethisarranged that9o%oftheClassof 1993 willbeemployed. marriage bride.. .Resident P.C. long hair at .at some time in their life. U.B. Law to take offer with Grateful Dead as Help News and Future a' 'roadie".. .Congratulations also due to 3L 'Mare' from Queens, future Gossip Columnist Events: for the NationalEnquirer.. .a Sushi-Chef 3L Hibernian Society toofTerAlcoholCounhasbeen cited by the ASPCA inrelation to his seling at the Left Bank, located on Rhode house pets and his creative culinary treats.. Island in downtownBuffalo. Sessions startthis .Love at law school, Bridgeport Ms. Red to Wednesday. marry 3L Maharajah Mahatma.. .Ardent 3L Circles & the NLG will be offering a Giants fan, seenwearingBillsattireand listen- workshop on " Sexual Harassment and Sensiing to Springsteen on the'Back Nine.. .On a tivity in theWork Place.'' Subject feature the note of Taste, Law Review Chief cited for week: "Debbie doesDallas." All may come. cruising local high school parking lots.. .3L Condom machines to be installed in the Spanish stud is facing FCC Charges for engagWomen'sbathroomsatU.B.Law. . ... . . r--—------n I attention Graduating Seniors CAPANDGOWN RENTALSPECIAL ONLY $9.99 /psthyKorbvJLyt© CLEflft COMPLEXION 5 Goodfor One Day Only!! / By" awr>- Jam A|\\ /" y \ V~n—/ exposure fo *' "imam ■■iif%- B&/J* ■■I;"iV>VB ' °Pen ,n <Vo"V reseS** # '\1 f -toned tummy rSSrmIRA F fros )-(Ar~-from Sleuchino ° XJ 7' 1*WLiNG ' A *4^VS IBhoursl v )) J C/ sitting "^ ProfessorDavid B. Filvaroff shows offhis impressivephysique at the recentLaw School Open House in orderto enticemore women into attending thislawschool March 30,1993 The Onion 3 �Kennedy Comes Out of Closet Fighting BillKennedy rallies the troops infront ofCDO, Kennedy, behind, with proud friends Chris Marks, Ericffdaseand'PaulDell(I. tor.) byPhilMcCracken OnceagainBillKennedy .knownprogressive leader in thefightagainstbattered women and ardent supporteroftheBuffalo Public Interest Law Program, recently branched out in support ofsocially disenfranchised peoples everywhere. OnMonday,March29, Kennedy began his own personal crusade against discrimination outside ofthe firstfloor classrooms by chanting, withanoticeablelisp, "1,2,3, 4, Open up the Judge Advocate General Corps, 5,6,7,8,U8 shouldnotdiscriminate!'' Although Kennedy appeared alonewhen the protestbegan, he soon worked the entire studentbodyintoarrenzyashemarchedinandout ofthe variousclassroomswhilelimp wristedly carrying a sign whichread,' 'Stop UB From Discriminating." Within no time Kennedy becameamodern dayPiedPiperashegarnered a rather large number ofstudent supporters, whoappeared tobe professionalprotesters— fashioning signs for the occassion with incredible swiftnessand marchingafterhim up Earlier in the day, friends and supto the third floor CareerDevelopment Office. Despite therebeingnoJAGC interviews porters ofKennedy donned theirblue jeans scheduled forthat day,norany otherdiscrimi- and "came out" to the GAY PRIDE WON'T HIDE table across from the law natory employeronthecampus, Kennedy commented: ''I think we really made a statement schoollibrary wheretheyhanded out leafto theUniversityand the JAGCby staging this lets and sold sweatshirts and T-shirts in protestonthesamedayastheTeach-InonGays support of their cause. Chris Marks, &Lesbians In TheMilitary." Whenreminded Kennedy's roommate said, "We're all behind Bill's decision to protest, we can't by this reporterthattherewouldbeno representatives from the University or the Military at stand discrimination, sometimes it just theTeach-In,Kennedyresponded,' 'Hey, don't makes me so mad!'' try to bring me downman, I' m gay!" CAP-UN THE BAR REVIEW COURSE THAT GIVES YOU MORE THAN JUST FREE FOOD, BOOKS, LECTURES AND VIDEOS. WE OFFER IN-HOME PERSONAL INSTRUCTION, FOR THE MODEST FEE OF $5,000, TO BE BILLED AFTER BAR RESULTS ARE IN. IF YOU DON'T PASS. YOU DON'T PAY! RECEIVE A FREE CAP AND GOWN FOR GRADUATION! THIS IS NOT A RENTAL! THE CAP AND GOWN ARE YOURS FOREVER! JOIN TODAY AND 4 The Onion March 30, 1993 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1993-03-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 33 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/30/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dcb1c01f498e5da015f1dfa3c6ca69c0.pdf 643d9ff2a6b916e1132420b430e491ef PDF Text Text THE OPINION Volume 33, No. 15 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OF LAW March 30,1993 Sandinista Ambassador Still Fighting For Human Rights by VitoA. Roman, Editor-in-Chief Considering herself a pacifist, Magna Enriquez protested against U.S. involvement in Vietnam while studying at Temple University during the sixties. Buther pacifist tendencies ended in 1978 when a rich Nicaraguan landowner sprayed herandhundreds ofwomen adopt a working democratic form of government following itsliberation fromSpain in the 19thcentury, as wellas American interference in the country throughout the early twentieth century. TheSandinista victorybrought to Nicaragua the first true move toward democracy, a and clu'ldren withpesticides as they peacefully protested the landowner's theft oftheir farmlands. Before she could get medical help for those affected, ten children died. After that, her involvement with the revolutionary movement to overthrow the Somoza dictatorship in Nicaragua changed. No longer satisfied to simply organizewomen for the movement, sherequested andreceived military training from the Sandinista Front. Soon thereafter, she was actively engaged in guerillawarfare. Her efforts, as well as those ofallherothercomradesinarms,paidoffwheu the dictatorship was toppled in 1979. Enriquez, who is currently the Nicaraguan Sandinista Party representative to the United StatesandCanada, visitedU.B.Lawto discuss the issue ofthe human rights status of Nicaraguan women before and after the Sandinista revolution. She prefaced her remarks on the issue by briefly discussing Nicaraguan political history. In short, she said, Nicaragua had a dictator in power in the late seventies as aresult ofboth Nicaragua's fail- move designed to bring human and economic rights to all, for, she said ifyou do eat three timesaday, who cares ifyou can speak freely." For the next ten years, Enriquez, who eventually became the Secretary General of the International Department in the Sandinista Party, continued her struggle to help ensure human rights for all, especially Nicaraguan women. The product ofher work and that of otherrevolutionaries was aconstitution which granted womenmorerightsandprotectionthan everbefore in Nicaraguan history. Making theconstitutionnon-sexist, howMagnaEnriquez addresses UB students. ever, proved difficult, sinceNicaraguan culture and law up to that point had vested the fatherofthefamily withabsoluterule overhis wifeand clu'ldren. But, as Enriquez says,'' the spermatozoid does not give authority to a byPaulßoalsvig,, Photo Editor father.'' In the newconstitution, relationships Aftera hard-fought contest over the among family membersare deemedequal, i.e., last several weeks, the team of Saultan the constitution gives equalrights toall memBaptiste and Paul Beyer won the coveted bers, including the children. The constitution positionsofSßAPresidentandVice-Presialsoradically changed the divorce laws ofthe dent. This has been thefirst timein several nation. Before, only men could ask for a years that a team haswon in an SB A ExecutiveElection. With overhalfthe law school studentbody voting, thisyear'selection also featured several close decisions. Only five votes separated the winner of the SBA Treasurer'sposition, Marc Panepinto, from thetally forthe incumbent Stephen Lee, and PaulBeyer wonthe Vice-President'sslotby a mere seven votes. The contest for thirdyearcommencement speaker was the closestofthemall,withK. JillBarrwinning over the nextcandidate, Michael Hewitt by only lire to Baptiste & BeyerWin Phi Alpha Delta Holds Largest Initiation in MoreThan 10Years two votes. byJoeKhanna University ofßuffalo'sCarlosC.Alden Chapter ofPhi Alpha Delta, the largest international law fraternity, held its Spring 1993 initiation in a candle-lit federal district courtroom in downtown Buffalo. Federal District Court Judge WilliamM. Skretney,aPhi Alpha Delta Alumnus, presided overthe ceremony. Addressing the new initiates, officers, and alumni members ofPhi Alpha Deltaand their guests, Judge Skretny said that''this is the first timethataceremony suchas this is being held in a federal district court room.'' Twenty-fourofthe initiates thatjoined Phi Alpha Delta this Spring attended the ceremony [see side box for list ofnew initiates]. This diverse group offirst year law students occupied the jury box as they were sworn in. ThiswasoneofPAD'slargestinitiationsinten years. Founded at UBLaw in 1968, PAD has maintained a strong reputation at the law school. For many years it has dominated law school activities, serving as the organizing force behind many law schoolevents. According to Justice, Saultan Baptiste, "PAD is still in its rebuilding stage, but it has come a long foll»we4an injeiise tw<>way.'', divorce; after, either party deciding that the relationship should no longer continue could ask. The constitution also placed an affirmative duty on both parents to provide for the economic, social, and emotional well being of theirchildren. Most importantly, however, the new constitutionmandated that 6% o fine gross national product be dedicated to education. This change alone guaranteed that women would finally be grantedaccess to fields traditionally occupied by men. For instance, by 1990,45% of the nation's medical students were women. Yet despite all these changes, she explained, thenewgovernmentoperated undera heavy toil: the "Contra" war backed by the U.S. government, as well as an economic embargo by the West. The war, which continued between 1981 and 1990,eventually cost die ...Sandinista, continued onpage 6 week period ofRUSH activities, including a hugely successful party at Cheers, whichwas co-sponsored bythe SBA. The new officers of PAD, who were elected in January, were also installed at the ceremony. This part of the ceremony was conducted by UB Law Alumnus and former JusticeoftheAlden Chapter Ron Winter, who is presently a Niagara County Assistant District Attorney. Recently elected SBA President Saultan H. Baptiste, was officially installed as Justice, the highest position at the Alden Chapter and IL Christin Horsley, was elected to the position ofVice-Justice. Although t Jiristinwas unable toattend die installation due to the unexpected death of her finacee, PAD members expressed its support for Christin at the ceremony and held a cardsigning after the ceremony. Other officers included both first and second year law students [see side boxfor list ofofficers]. The ceremony was followed by a reception, held in Judge Skretny's robing room. Judge Skretney addressed th< >se in attendance, discussing the state ofthe legal profession and ~.\f)\t\ntjon,cQruinu<idcmpage3 In a conversation withthenew President-elect, Baptiste noted thathis opponent, Gaiy Simpson, rana very goodcampaign and gavecredit to Simpsonand his running mate, Kevin Collins,forputting forthan admirable effort. He also added thatcandidate Tamie Morog for Vice-Presidenthelped heighten thelevel ofstudent politicalawareness and activity in the election. In other matters decided by the last election, the positionofSBA Secretary was won by first-year Shirley Fang, who ran unopposed. More than two-thirds ofthe studentswho voted in theelectionalso gavethe greenlight forthe mandatory studentactivity fee increase. The electionresults were certifiedby William Trezevant, Sarah Schwartzmeyer, Patricia Campbell, and Joel Sunshine. A complete posting ofthe election results are postedoutside ofthe SB A office onthefirst floorofO'Brian Hall. Congratulationsand goodluck to all the winners! SB A ELECTION RESULTS SBA President Saultan Baptiste 233 votes 195 votes Gary Simpson write-ins 22 votes SBA Vice-President 192 votes Paul Beyer Kevin Collins 185 votes 70 votes TamieMorog write-ins 9 votes SBA Treasurer 210 votes Marc Panepinto 205 votes Stephen Lee write-ins 13 votes (including one for Regis Philbin!) SBA Secretary 315 votes ShirleyFang 38 votes write-ins Speaker Class Third-Year K. Jill Barr 24 votes Michael Hewitt 22 votes 20 votes Suzanne Abair 18 votes CarlaGoldstein Kennedy 13 votes Bill (9 people voted to have no speaker) Mandatory Student Activity Fee Increase For: 312 votes 142 votes Against: HIGHLIGHTS Group Spotlight Editorials and Commentaries Asian Heritage Week PERB Speaker. Docket 3 4-5 6 6 .....7 I �SWITCH TO PIEPER IT'S NOT TOO LATE!!!!! Don't lose money because of a foolish mistake!!!!! If you were lured into another bar review course by a slick sales pitch, there is a way you can get out now without losing money. Pieper Bar Review will credit ANY MONIES put down with another course (up to $300). All you have to do is send in proof of payment with your Pieper application. It's that simple!!! So don't wait ..call now!!!!!!! (Offer ends April 16, 1993) 1-800-635-6569 Pieper Bar Review 90 Willis Aye. Mineola, New York 11501 �, Jessup Int l Moot Court byKevin P. Collins, NewsEditor past weekend, the First Year JESSUP team The Jessup International Moot Court competed in Toronto and finished in second (JESSUP) is an intramural competition in place among six competing law schools. which law students take part inorder to choose According to therecently released lint membersofthe University atBuffalo Schoolof versity at Buffalo Law School: 100 Years. Law Regional Team. This team competes in 1887-1987 fby alums Schaus '53 and Arnone the Philip C. JessupInternational MootCourt '85,atpage# 186), JESSUPwas''[fjoundedin Competition. The competition is held every 1960 as the International Law Moot Court September. This year, approximately thirtyCompetition by law studentsfrom Columbia, five people competed. 2Ls and 3Ls are eli- Harvardand Yale, [and] the competition was gible. Ofthose who compete, four are selected renamed in 1963 in honor ofPhilip C. Jessup. for theregional teamand four make theboard. Jessup (1897-1986) wasa world-renowned inLaw studentswho compete in JESSUP ternational lawyer who taught international have to write a memorial (which is similar to law subjectsat ColumbiaLaw School formany a brief). Competitors are provided with a years(l92sto 1960),thenservedasajudgeon hypothetical problemrelated to someaspectof the International Court ofJustice,The Hague, GROUP SPOTLIGHT will be a series featuring a different student group each issue. international law. Most ofthe research materials are provided to the competitors. All competitors compete in two oral rounds, and eightgoontothefinaloralround. Themembers of the Buffalo Regional JESSUP team are selectedfrom these eight. TheRegional team consists offour members and one alternate. Thisyear's Regional team is made up of 2Ls Alessandra Zorgniotti, JeffBaase, Marc Remmling,andChristaßowden. Thecoachof lastyear'sßegionalteamwas3LTomCannavo. The judgesfortheoralrounds areprofessorsand practitioners from the in and around theBuffalo area. Theßegionalteamresearches and writes two twenty-five page Memorials. The team is divided into two-partner units: Netherlands (1960 to 1971), and was a U.S. representative to theUnitedNau'ons from time to time in various capacities." JESSUP offers a chance for all law students to develop theiroraladvocacy skills. 2Ls and 3Ls also get the chance to write a memorial (a brief),thus finishing the competition withtheexperience and awritingsample which canbe used in the jobsearch. Moreover, JESSUP is a great opportunity for first years because 1Ls at most law schoolsdonothave a chance to compete in amootcourtofany kind. JESSUP is considering becoming involvedin the Niagara Competition, whichis an international law school mootcourtcompetition focusing exclusively onUS-Canadalegal Hearing on Rights ofWbmen bySharonNosenchuck the audience that women in other countries Violenceagainst women is anaccepted being part oflifeacross the globe;every day women often have little legal recourse after 'Often, cannot reveal that raped. they they ' around the world are tortured, battered and to cultural taboos and see were due raped raped. On Thursday, March 25,1993, at the as way out," she said. Buffalo Museum of Science, aninternational suicide their only Bhabha, Mariam a physician with the hearing on the violation ofwomen's human Association, gave Bosnian-Canadian Relief rights washeld. The goal ofthe hearing was to on behalfofBosnian women. She testimony provide evidence that women'srightsare husaid thatrape wasbeing used in the conflictin man rights, and to gather evidence of the the formerYugoslavia as a deliberate weapon violationoftheserights to send to the United war. Rape occurs frequently in Bosniaof Nations. Women from Buffalo and around the Herzogovina, stated Dr. Bhabha, and itis practiced most oftenby the Serbs. It is important world, both victims ofviolenceandthose who for Bosnian victims to have contact with women work with these victims, testified about the supporters fromthe outside, sheemphasized to violations ofhumanrights thatwomen suffer. the audience. Testimony related the humanrights violations Margaret Butkovic, a Canadianexperienced by refugees, thepoor,and victims testifying as a representative of Croatian, of domestic violence. Examples ofthe wide women, said that the rapes taking Croatian range ofviolence perpetrated against women place in the former Yugoslavia are''not inciincluded testimony from: the former battered political purpose," wife ofa Buffalo police officer; a Sudanese dental"and servea "clear to force the women to bear Serbian offspring. woman raped by the police in her country; a She suggested thatrape shouldberecognized nurse with Vive, a local organizationforrefuasawarcrime. "Silenceiscomplicityandwe gees;and statements onthe situation ofwomen not be silent," statedMs. Butkovic. must in Bosnia, Croatia, and Serbia. Apparentfrom Alison Desforges,amemberofthe Board much ofthe testimony was the fact that vioofAfricaWatch, closed the proofDirectors lence against women is internationally tolergramby quoting Justice Brennan, "Inaction ated. ! Ifthe In videotaped testimony, a Sudanese canbeeverybitasoppressiveasaction." or just state orits are involved agents actively woman said that she was speaking out notjust itall forherself.buttohelp her sisters inAfrica. The stand by and fail to provide protection, amounts to the same told thing, Desforges Dr. nurse from Vive, Cindy Kahler, said that she the audience to theaudience. Sheencouraged was' 'speaking onbehalfofrefugee ...Rights,continued onpage 6 .who suffer intheprocess offleeing.'' She told ' ' women.. ...Initiation, Clerk of Phi Alpha Delta. He received a special Justice Award for his two years as a PAD officer. With the strong showing on the Law School scene this year, it is likely that PAD will onceagain occupy adominantroleatUß. PAD is currently planning to continueactivities aimed at serving the entire law school population, as they did earlier this year by publishing theLaw SchooFsonly comprehensive student/faculty directory at their own expense. They are also planning community they graduate. offers a chance for all law students to develop out-reach servicesfor the coming year. Thereception concluded with the pretheir oral advocacy skills. 2Ls and 3Ls also get the Withthis semester's tremendousinitiasentation ofPhi Alpha Delta serviceawards. ceremony awards tion in the Federal District Court, thosereceiving were Among outgoing chance to write a memorial (a brief), thus finishing the SBA President William Trezvant, a former many are awaiting the announcement ofthe competition with the experience and awriting sample Justice oftheAlden Chapter, forOutstanding site oftheir next initiation, to be held in Fall Service. Althoughabsentfromtheevening's 1993. Any law school students interested in which can be used in the job search. events, announcementofhis awardreceived a joiningPAD at theirnext initiation are encourrelations. Whether JESSUPchoosestoexpand resoundingroundofapplauseformthosepresent aged to contact PAD Marshal, Wendy Christa Bowden and Marc Remmling represented the fictitious country of "Bastoria", into another competition or not, UBlaw stu- Also honored wasRobert Motzer,the outgoing Kowalczyk,(Box#437). while Alessandra Zorgniotti and JeffBaase dents who choose JESSUP cannot lose—they represented' 'Frontera.'' Bastoriaand Frontera walk away withthe experience ofcompeting areopposing countries before theInternational amongst themselvesand with studentsofother law schools(both nationaland international), byJoeAntonecchia CourtofJustice (ICJ). policy, she explained, has presented a choice improvedoraladvocacy skills,awriting sample, Thisyear'sproblem focused on nationOnWednesday, March 24,the student between managed competition and a singlealization of foreign-owned property and a nice addition to their resume, and a better chapter of the National Lawyers Guild prepayerplan, the latterofwhich "actually exists whether compensation for such nationalizachance oflanding a job. senteda health careforum to promote discusin othercountries," while theformeris merely Those law students who want further sionand debate regarding recent proposals that tion need bepaid. Theproblem also dealtwith concept. Ms. Slachmuylder ended her rea states' succession. information on JESSUPmay contact 3L Dave oursocietyfollow the example ofothercounwithareminder ofClinton'spromise to marks TheBuffaloregional team competed in Jones, Box# 145;3LHenryNowak,Box# 197; triesand adoptacomprehensive nationalhealth makehealth care reform the main goal ofhis Columbus, OhioFebruary 20 and2l. They were or2LMarcRemmling,Box #759. The JESSUP carepolicy. Thepanelwascomposedoffour presidency. She said that Hillary Rodhamthirdma fieldoftwelvecompeting law schools. officeis located in Room 12 ofO'Brian Hall, individualswithverydifferentperspectiveson Clinton's proposal will finally bereleased to and the telephone numberis(716) 645-2037. Thewinner ofthe Regional, Georgetown, adtheallocation ofhealth care in America: Dr. the public on May 3. vancesto theFinals in Washington D.C., where *News Editor's Note: This is my last DeborahRichterofPhysicians foraNational to address theforum wasMr. Villari Next Group Spotlight. It was my intention when I HealthPlan;Richard Villari,PresidentofBlue teams from around the world compete. created thiscolumn that, in each issue ofThe CrossofWestemNewYork;KarenNicholson, ofBlue Cross. Heagreed thatthe United States The Fasken, Campbell, Godfrey Comneeded health care reform, strongly opposed petition (named after a Toronto Law Firm Opinion, one ofthe various law studentgroups an attorney at Legal Services for the Elderly; the single-payer, "Canadian" plan. Hebegan would befocused on and that through this and Arlette Slachmuylder, a community orgasponsor) is heldevery March. This competihis critique by noting thatthe single-payer isa tion also deals with international law, but is groups wouldbecome better known, students nizer with Citizen Action. misnomer, because Canada's system does not limited to lLs. This semester, arecord-setting wouldlearnmoreaboutwhatthegroupsdoand Ms. Slachmuylder began thediscussion for certain pay drugs. He then pointed to the ninety lLscompeted. TheJESSUPIntramural willdo, andthatnew members wouldbeencour- by reminding the audience ofclose to fifty our two countries: differences between competitors select the eight-member team agedtojoin. Ialwaystried to write the Group people that health carepolicy is an issue which has a much larger population, more America based on oralargumentrounds only. Theoral Spotlight as ifI was writing to afirstyearlaw resonates most among the middle classes, elderly people (who need more services), seargumentsare based onthe writtenMemorials student. I remember whenIfirstcame to ÜB. many of whom are either uninsured or vere drugabuseand aliigh teen pregnancy rate. of the Regional team, which the lLs use to Itseemedlike there werea million groupsand underinsured. Inaddition tothegrowingpoliti- Headded that, as a consumer, has he concerns prepare their arguments. This 1Lteam travels Ididnotknowwhatanyofthemdid. My solution cal pressure caused by discontentamong the over care resources intoapolitislufting health to Toronto to compete with teams from Syrawas to join and takepart in just about every middleclass (seen moststrikingly in the 1991 cal arena where they will be subject to budget cuse University, the University of Toronto, group in myfirstyear. I hope that the Group senatorial victory ofPennsylvania , sSen. Harcuts and waste. As an example, he cited the Queen's College (the Canadian one), Cornell, Spotlight was a success in some small way and ris Wo fford, whoran a campaign focusing on 'tremendous problems'' facing themedicaid and other Canadian law schools. The Buffalo addressed theseconcerns. Ialso hopethat the health care). Spending on health care in the ' and medicare systems. Mr. Villari claimed team has swept the competition the last two Group Spotlightwillbecontinuedbysomeone 1980soutpaced inflationby two to one. While else in thefuture issues ofTheOpinion. There the average gross domestic product spent by that BlueCross'sadministrative costs are low years, winning every award. and that health care costs drive insurance The 1L team practices zealously for are always newgroups. And, in any event, by otherindustrialized countries is 8%, we spend premiums, not the otherway around. abouttwo weeks beforethecompetition. They the timeyou get through all the groups, itis 12% ofour GNP on health care costs. ...Health, continued onpage 3 are coached by the senior members of the time to skirt over. Peace. The current debate over health care Buffalo JESSUP Moot ('.owl Board. Justthis March 30,1993 The Opinion continuedfrompage 1 the tight employment market. The Judge encouraged the students present to "engage their studies with drive and determination." Offering adviceongettingajob.hewentonto say' 'do those activities thatwill give youthat competitive edge.'' Judge Skretny closed by speaking about the District Court in Western New York. He urged those in attendance toconsiderremaining in theBuffaloareawhen JESSUP Health CareReform and EqualAccess 3 �OPINION 4iur Volume 33, No. 15 March 30,1993 OPINION MAILBOX To:Law Students, Faculty, Administration and Staff: I wantto thankall ofyou foryour support and kindness. Knowing others care and share loss is a source ofstrength and courage, for in this way, I come to find an inner peace. my would like to sharethe following poem with you thatI have taken comfort in. I A rose grew whereall could see sheltered, beside a garden wall, And, as the days passed swiftly by, it spread its branches, straight and ta11... One day, a beam oflight shone through a crevice thathad opened wide— The rose bentgently toward its warmth then passed beyond to the other side... Now, youwho deeply feel its loss, becomforted-the rose blooms thereIts beauty even greater now, Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste BusinessManager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig ArtDirector: Bill Kennedy StaffWriters: W.F.Trezevant,KathyKorbuly, SharonNosenchuck, Dan Harris Contributors: JoeKhanna, Joe Antonecchia EDITORIAL nurtured by G-d'sown loving care. Additional Funding DemandsAdditional Responsibility UB Law students have proven to be resourceful. Despite the trickle of funds the SBA provides its student groups, several organizations have managed to get into print anyhow. This year alone, two new student publications have gone to press: Circles and the Environmental Law Journal (although another, In the Public Interest. has faded into obscurity). Well, things have certainly changed now. The SBA sponsored referendum to increase the mandatory student activity fee passed, and now law students will be contributing $50 per semester to fund all sorts of students activities, such as these student publications. However, anyone familiar with the SBA budget process will realize that this seemingly bit of good news could become a nightmare. As one past SBA class director put it, the SBA can often be nothing more than a "$5O club". In the past, entire meetings have been devoted to whether a student group should get $25 rather than the $50 it originallyrequested. In short, the manadatory increase will mean nothing unless it is tied to true budgetraty reform. The last issue ofThe Opinion discussed some of the ideas the SBA has been considering, such as the concept of zero-based budgeting. It is also consideringreleasing student group funds in two installments rather than one. Whatever change is implemented, it must be such that itmakes it easier, not harder, for student groups to get at their money. Furthermore, these ideas have to be given wind not only duringthe elections, but at the very first meeting of the new SBA. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterials hereinis strictly prohibited without theexpress consent oftheEditors. The Opinionis published everytwo weeks during theFall andSpring semesters. It isthestudent newspaper oftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are notnecessarily thoseof theEditorsorStaffofTheOpinion. The Opinion isanon-profit organization, third classpostage enteredatßuffalo.NY. Editorialpolicy o (The Opinion is determinedby theEditors.The Opinion isfunded by the SBAfrom StudentLaw Fees. The Opinion welcomesletters to the editorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campusor UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 223 or 611. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed hy theEditorial Boardof The Opinion. ...Health, to bechanged. continuedfrompage 3 Mr. Villari seemed to favor a form of managed competition. As an example ofsuch areform plan, he describedthe Rochester plan of global budgets, which hasresulted in low premiumsand a' 'low uninsured population (although hedid notdefine whatpercentage he considers to be "low"). He said that Blue Cross supports a global budget, applied to all health care providers, withregional planning overseen by existing state agencies. Such macro management ofhealth care resources would, in theory, eliminate theredundant inefficiencies ofthe current state ofaffairs. Asan example, he said that Buffalo-area providers currently have 22 MRJ units,while our population onlyrequires 11 ofthese expensiveunits. He also cited a state law effective April 1 which willrequire certain premiums forgroup planswithSOorlesssubscrihers. Heaided his remarks by stating that reform also "obviously" includes changes in malpractice law, although hedid not explain exactly whalneeded 4 The Opinion With Warmest Wishes, Christine.Horsly Dear Editor: Whilereading theMarch 18th issueoftheOpinionI foundacartoon to beinbad taste. Equating theBuffalo Public InterestLaw Program'spledgedrivewithabunchof religious fanaticsisboth inappropriateand counter-productive. I fa cartoon wasrequired, one showing buckets ofdonationsraining down onto the organization would havebeen a better way of showing appreciation for all the hard work and dedication that goes into BPILP, and the various public interest activities they're involved with. Ireceived aBPILP grant over the summer after my firstyearand it was themost exciting and beneficial experience I obtained while at U.B. Law School. Your paper should beencouraging people to contribute to an organization as great as BPILP not sneak past it. Tnily yours, JohnJ.Jablonski Dear Fellow Law Students: This is the first and last letter I will be writing as Treasurer of the Student Bar Association. Being treasurerhas been both a satisfying experienceand at timesan onerous one. There were many times when I sat in the SBA office and seriously considered resigning as Treasurer. But I knew I had a responsibility and a duty to the students. Thereasons why I even considered resigning were due tothefact thatno onereally appreciated whatmy positionentailed. Even more discouraging were the SBAMEETINGS. I really wished more students attended these meetings and witnessed how ineffectual the SBAreally is. I can honestly say thatthe majority of timespent at these meetings was a waste ofmy time sincethe SBABoard ofDirectorsre fused to address any ofthe importantissues facing our fellow law students. Aword that wouldbe synonymous with a SBA meeting would beFRUSTRATION. I just hope nextyear's SBA Board of Directors will be moreproductiveand thatthere will bemore outside studentinvolvement. I feel itis important to pointout that any and all positive initiatives for the students was takenby the SBA ExecutiveBoard and NOT by the SBA Board o(Directors. These initiatives included thepurchase ofacopierto save studentgroupsmoney, thereplacement of old rotary phones with touch tone phones and most importantly, the hiring of an administrative assistant who helped students withreimbursements and access to the SBA office. I wouldlike to take tinsopportunity to congratu late thenew StudentßarAssociation Executive Board, the President, Saultan Baptiste; the Vice President, Paul Beyer; the Treasurer, Marc Panepinto; and the Secretary, Shirley Fang. I wishthem thebestofluck in the coming yearand hope that they will continue to address the student's concerns. At this point, I would like to thank Rika Sabinsky, the SBA Administrative Assistant, for herassistance and hardwork during thepast year. Finally, I wouldlike to extend a special thanks and appreciation to William F. Trezevant, the SBA President, for all his help and continued support. form. Firstisequalcomprehensivebenefits, so thatwhenanyonegoestoadoctor'soffice.the questionwill be " What isailing you?" and not What isyour insurance?'' Second,anational ''system ofhealth care should be fairly financed. Unlike Canada, which uses a sales tax to finance its system, we shouldrely on progressiveand sintaxes, and depart from the current fiscal shortage resulting from a regressive medicaid tax and tax breaks for the insured. The working poor, sheremarked, whoqualify for neither medicaid nor the tax breaks that many upper andmiddle class insured AmeriApart from the''alarming problem in cansenjoy, bear thebnuitofour current ineqhuman terms. Dr. Richter also explained the uitablesystem. Tliird, cost containment should indirect costs of our current health care serbe built into the system. Dr. Richter emphavices. As the monetary costs increase, accessizedthat a nationalplan would require that we sibility decreases. The growingpercentageof asa society evaluate our healthcare priorities, (JNP going to medical costs means less reespecially in defining basic as opposed to sources for education and other social proextraordinary care, that such evaluation can grams. High health care costs forces employonly occuronce we implement a democratic, ers lo lire or cut workers. accessible health care system wherethe maDr. Richter outlined four principles jority of society has a voice in articulating which she feels should guide heallh care resociety's health care priorities. Finally she Dr. Richter, aphysician serving the inner city, was the mostconcerned aboutaccess to healUi care. She said diat affordability directly affects her daily practice, changing the way she practices medicines; because of die costs, she frequently cannot give medicines which she knows are most appropriate. She saidshe "sometimescan'tsleep at night" becauseofthe luicertaintyresulting from having to compromise hermedical skills. In medical school," she said," they don'tprepareyou fortlie uninsured." March 30, 1993 StephenLee felt that the free choice of the physician is crucial in a truly accessible system. Dr. Richter felt that the single-payer model would bestrealize these fourprinciples. She described single-payer as a system devoid ofmtmnediaries (like private insiirers),where one agency collects all die funds and pays all die bills. The care wouldstill be provided by private doctors and hospitals. She said that private insurance companies, which waste money on advertising and lobbying, areiuinecessary: the same administration can be done Uiroughdiepublicsector. ShecitedaJune 1991 GeneralAccounting Officereport which found that wecoidd implement such a system for no morethan what we spend now for health care-theotdydiflerence being that everyone would receive health care undera single-payer plan. She cited surveys which showed thatdie average ('anadian receives more services than her American counterpart, and thatwhile 54% of Canadians are satisfiedwiththeir health care. ...Health. continueiionpagi'6 �Of Life, Law & Saying Goodbye Chew on This By Tracy Dale Sammarco Hasanyone else noticed aproliferation of storiesabout slumlords in Buffalo lately? Yes, sohave I. Amazinghow these things strikeone as unimportant when they don' t hit home. Well, theyhit homeforme this past week, or should I say they hit ' 'homeless. There I wasone day,sponging lazily offmy parents, enjoying the good lifeand test drivingLasers and Mitsubishi Mirages when bang, itall came to ascreeching halt. We parted company, my parents and I. Itwasn'tabad thing really; I'd been meaning to get a place in Buffalo for a while. It'llbefun I thought. "Fun"wasnot the operative word inthis scenario, I soon discovered. I must have looked atabout 15 or20 places this past week. Admittedly, someof theml justglanced at fromthecarwindow andspedonby. Someoftheseplaceswere nothing shortofobscene, disgusting,abhorrent. Here I am, armed with Freeman's wordsofwisdom on landlord-tenantrelationship s (or thelack thereof) and countless scenariosinwhichacertainprofessoroneupsyetanother evillandlord. I had apian. There werecertain issues I would notcompromise on. I wanteda place whereI could have a dog,for instance. Ha. Let's face it, 90% of the places I looked at wouldhavebeenjustplain unacceptable to any self-respecting dog. No amount of Liv-A-Snaps would have induced even the lowestpound inhabitantto accompany me into the shacksI looked at. The ironywas thatthelandlords werehaughtily unanimous on onepoint-No Dogs Al- lowed! Visions of that Snoopy special wherehe'skicked outofevery place in New York City came back to me. Only oneplace even entertained the thought ofallowing me to haveafour-footed companion inmy dwelling. Itwasa "studio" apartment the approximate size ofmy mother's station wagon. Any dog other than a Mexican Hairless would have been climbing the wallswith claustrophobia in myabsence. I mean really, a rat would have had trouble stretching hislegs in that place. So, the dogwasout, gone,nixed. My personal safetyand security was compromised. No one there to greet me when I returned home. Not a friend in the world. Another issue I was adamant about by W.F. Trezewml, Features Editor crushed by an avalanche ofMilwaukee's Best cans stackedprecariously outside. Onthe wayup we tookseveral flights ofstairs. On eachlandingweretheremains ofcases, six packs, quarts, beerballs,kegs, and pounders ofevery sort ofbeerknown to humanity and priced underabuck and a half. I thought Frank was going to tell me that therewasabuilding-widebeer consumption contest in this house which was only one of the many perks ofliving there. We passed onedoorwithaparticularlylargequantityof cans andbottles stacked outside andFrank says, "These are the guys. They'recool." Who, specifically, "the guys" were remainsa mystery tome, thankfully. Frank laterlamented that "the guys'' were moving out. Forhim, thiswasabad tiling; forme, this was a selling point. Another landlord, we'll call her Gloria, showed me two places. One,actually, because she couldn't find the keys to the first place once we arrived there. The second place was reminiscent ofthe local zoo in bothits smell and its currentinhabitants. We walked in and were immediately bowledoverby thesmell ofagasleak. Well, I wasanyway. Gloriamysteriously failedto notice this. Weproceededupthestairsonly to beaccosted by thewafting aroma offeline urine. I love cats, I swear. But that place smelled sobad that the two perpetrators of tlieodortried to launchtheirfurry bodiesout ofthe apartment and graba gasp ofaironce wegot thedoor open. lamtold that catpiss is a permanent feature once it is installed. We got the dooropen. The current tenant wasnaked. I asked ifhe came withthe place. He did not. One place advertised "hardwood floors", "fireplace", "bay window". The floors were old...real old. The fireplace? Well the woman who was subletting her apartment said,"Yeah, butI wouldn'tactually use it" The bay windowinthebedroom overlookedtheneighbor'ssiding. Itwasn't even nice siding. I found a place finally. I'm paying through the nose for itand I still can' thave my dog. My standards, I must say, are significantly lowernow. My new apartment haslocks,no apparent vermin orundergrads, and plumbing. My life is complete. StaffWriter Democracy has often beenheld out as an idealistic form of societal organization. In theory, this form ofself- rule is withoutadoubt, the mostappealing as it offers the dynamic potential for constructive change and progress within theframework ofmanagedcooperation. In practice, democracy doesnotalwaysreach good government as expressed by my predecessor. The results are in: newSBA internalfiling system,new student group binders which serve as a group history, new faculty/student committee binders, new shelving system, acopier for student groups,new telephones forstudentgroups, additional telephone lines, new lounge, this plateau. There is of course the rare creation and implementation of The instance when people working together Council of Presidents, Democratic achieve agoal orreach a decisionwhichis Senatorial Primary Debate, centralized barreview board & elimination ofpaper right amongstmen andwomen. waste with the mailbox stuffing policy. By the same token though, the dayIn addition, the work on the new to-day power given by those who are governeddoesnotexist inavacuum. Rather computer center is progressing andshould it is clothed withthesometimes unsightly soon be completed. Likewise, after a fabric ofresponsibility. A responsibility semester's worth of discussion and the weightofwhichis at times unbearable. cooperation withEllen Gibson, whohas As I sithereandreflect on this past year's been an immeasurably source assistance, SBA Administration I remember those thelibrary will be installing locks on the peak points ofpressure and can only say, I library carrels so that they can only be don'tknow how I could have continued used by law students. withoutthesupport ofmy fellow law school We cannot overlook the work our fellow students performed on thevarious community members. Yet, those moments fadeaway when faculty/student committees fromfaculty I realize how far we've travelled and in appointments which has resulted in the suchashortperiod. When BrianMadrazzo additionofnew faculty to theadmissions tookthe helm ofthe SBA two years ago, he committee which can be credited with did so with the intent ofrebuilding an the increasing quality and caliber ofour organization whose effectiveness had fellow students. experienced along ignoble decline.Ittook In short, this SBA administration him his entire administration to put the has shown that sometimes reality is not fiscal house ofthe SBA in order. Then, that far from theory. And that the most withoutfanfareork>nggoodbyes,hehanded appealing part ofdemocracy, that is the over the product of his hard work; his dynamicpotential forconstructive change understanding, goals, hopes and basic and progress within the framework of beliefs about the SBA to me with a few managed cooperation, still exists. On April 30,1993,atmidnightmy simple words. He said, "make the best decisionsyou can... youwill probably make termwill expire. Without fanfareorlong somemistakes butkeep working at it... and goodbyes, Stephen Lee and I will hand neverforget that myjoband now yours is to over the entire bundle of authority and provide thelaw studentsofthisschool with responsibility to the duly electedleaders thebestgovernmentpossible."Oh,lalmost ofthe SBA for 1993-1994.1 thinkitmost forgot, hesaid one morething,''Don'tcall appropriate to close with the words of me aboutSBA." former SBA President Brian Madrazzo, Well during the tough late night "Don'tcallmeaboutSßA." Thanks for meetings, errandrunning or dreary detail everything, The Journey Was As work, I focused on the simple challenge of Unforgettably AsThe Destination. From llene Fleischmann Attention Students: UB Law will be issuing our very own credit card within a couple of months with extremely advantageous interest rates. So if you are approached by someone offering a University at Buffalo Alumni Association Credit Card, PLEASE WATT!!! was price. I wanted to live alone and I wantedtopays3oo.ooorsoincludingutilities. Ever been forced to swallow a big, fat dose ofreality in on gulp? Yum. I got laughed at overthephone bysomany people I had nevermet before...itwas humiliating. Oh, another thing that I didn't even consciously decide on, but I just sort of assumed I could expectwere appliances. Since whenis a fridge ora stovea luxury? Goodlord. Getmeahotplateandacooler and I can whip you up a ShrimpScampi to die for. Look, I want an apartment to feel asthoughlhaveahome,aplaceofcomfort andrefuge where, incidentally, I can EAT and, pursuant to that,COOK. I actually had one guy try to wriggle out ofshowing me a place because I mentioned that I had looked at somereal holes lately. He says' 'Well, I don't know how nice you want it...",and, "I'vegot another place on Elmwood I can show you for a LITTLEMOREMONEY." I should have known right then,but I looked at itanyway, fool that I am. 1 AlOWDfiy I \7V£SD/)y I \QJ£Dfi/£SDfiy\ ho°/. CHANCE W/CHANCE 5% CHANCE %^^^ Anotherclown named Frank showed meplaceforhisshunlordbrotherScolt. We waded through, honest to god, six oreight inches ofchicken wing bones to gel to the outside door. We entered the building as quietly as possible in order to avoid being March 30,1993 The Opinion 5 �Chair of PERB Speaks at UB Law ...Sandinista, continuedfrontpage 1 livesof 1.5millionNicaraguans. Although the International CourtofJustice foundagainst the United States for the mining ofNicaraguan harbors during the early years of the war, the United Statesrefused to submit to the court's jurisdictionand refused to pay the $17 billion orderedas reparations forthe incident. Finally, in 1990, the United States benefitted from itscontinued fueling ofcivil unrest in Nicaragua. In the most heavily monitoredelections in theentireworld to date, a coalitionof 14parties backed by theU.S. won 51 %ofthe voteto oust PresidentDaniel Ortega andhisSandinistagovernment. Enriquezcalls thecoalition' 'the greatest fruitcocktail Nicaragua everproduced,' ' since it included parties across the entire political spectrum. The coalition was headed by what Enriquez calls an "oligarch," the widow of a newspaper publisher who had also opposed Soinoza. The candidate, VioletaBarrios deChamorro was thebest"kissand makeup candidate,'' and she was a friend ofthe United States. In the end, what all the coalition parties had in common was that they wanted an end to the bloodshed. Nevertheless, theSandinistaparty alone got 41 %ofthe vote in that election and still remains a forceto bereckoned with in Nicaragua. Enriquez, in fact, stillbelieves that it is the only party which represents any hope for change. According to her,' 'all the achievements ofthe' 80s are in danger ofdisappearing despite the legal framework set up [in the constitution] to insure them." What is occurring now in Nicaragua, Enriquez continued, is the feminization of poverty. Theonlywaytocombatthis,shesays, is through thefeminization ofpower. Sheplans tocontinueto strive forthisasamemberof the Sandinista party, and her work here in the Northern Hemisphere involves making the United States, particularly the new administration,understand thatthe Sandinista party is stillactiveandworking to ensure humanrights for all in Nicaragua. ..Rights, continuedfrontpage 3 carryaway withthemthe sense ofcourageof those who testified and to leave the evening determined that v iolence againstwomenmust come to an end. ÜB's Human Rights Center, in association withThe International Instituteand Vive, sponsoredthehearing. Copies ofthe testimony will be sent to Antoine Blanca, the Secretary General ofthe WorldConference on Human Rights, which is being held in Vienna, Austria, during June. ...Health, continued frompage 4 only 10% in die U.S. are content. While she acknowledged that 450,000 insiuance jobs would belost with asingle-payer system, she said thatthese are highlyskilled workers who could obtain jobs in the health care system. Dr. Richter remarked that Clinton's managed competition is a "bad idea. .a mess," and that it would limit patient choice and increase bureaucracy. She also agreed with Mr. Villari that we should immediately engage inregional planning totransfer super- . fluous equipment andend gross disparities in hospital facilities. Finally,KarenNicholson, an attorney at Legal Services for the Elderly in Buffalo, described the role of the legal advocate in obtaining health carefor low income clients. She said thatalthough thereare five sources of health care—private, veterans, Medicare A or B, and medicaid—many ofherclients are still uncovered. She explained that even ifaclient obtains medicaid, fewdoetorsaccept themedicaid card. Applying for coverage is particularly burdensomesincen< me ofdieg<>veninien- tal providers communicate withoneanother, necessitating fourdifferent sets ofpaperwork and thereby driving upadministrative costs. Nicholson agreed with Dr. Richter that managed care would reduce choice. 6 The Opinion byKevin P. Collins, News Editor In New York State, 92-95%0fall public employeeswho are eligible to berepresented by unions are union members. In striking contrast, nationally only 15%ofthe eligible privatesector employees are unionmembers. On Wednesday, March 24, the Labor And EmploymentLaw Association (LAELA) presented the person in charge ofthe stateagency which covers public employees, Pauline R. Kinsella, Chairperson ofthe New York State (NYS) Public Employment Relations Board (PERB). Ms.Kinsella addressed the students in Professor Wade Newhouse's' 'Collective Bargaining in Government class and other interested law students. Ms. Kinsellahas been chairofthePERB for two years. The PERB, a three-member board created underthe New YorkStateTaylor Law, handlesall public sector labor relations in New York State. Ms. Kinsella will soon be up forreappointment, and ifreappointed she will serve for asix-year term. She is currently finishing the last two years ofa prior PERB chairperson' s term ofappointment. The PERB has two sections. The first deals with improper practice cases, mainly addressingrepresentation and bargaining matters. The secondsection ofthe PERB takes part in impasse procedures,which involves declarationsof impasse, mediation andarbitration. The PERB has a staffof ten mediators, whodo initialfactfinding and arbitration work on behalfofthe agency. Ms. Kinsella pointed outthat 1300cases werefiled before the PERB over the pastyear, in contrastto 900justthree yearsago. There are 4000 bargainingunits in New YorkStatecovered by theTaylorLaw and the PERB. Ms. Kinsella addressed how she envisions the PERB handling such a largenumber of cases and bargaining units with a limited staffand budget cuts. Parties are encouraged to speed up the pace oftheir cases because of the case load. She wants to encourage the Administrative Law Judges (ALJs) to really "getintothecase." In the future, Ms.Kinsella believes the PERB willpush harder to establish themostappropriate bargaining unitand, correspondingly, will deal withthefragmentation ofbargaining units, in which many employees inthe unionfeeltheyare withouta say. Ms. Kinsella wants to see morestability way the the PERB cases are decidedand she in further desires to amplify PERB decisions, making them more detailed. Duetothelossof a largeamountof State and local government funding, Ms. Kinsella is leery of the large increase in the PERB's caseload. She mentioned how the 1980s spawned a care-free economic attitude, withemployers often giving employees raises. Now employers claim they can afford nothing. Ms. Kinsella remarked that this is an unrealistic position, because the unions will most certainlyreject this contention. Ms. Kinsella pointed out that, in the past, there usually wasa threeyear collective bargaining agreement(CBA) with double-digit wage increases. Today, she remarked,aCBA may have a 2-3% wage increase over three years. Ms. Kinsella believes that the current political situation hurts both employers and unions, putting pressure on both to achieve mutually incompatible ends: for employers, everytiling but no wage increases is badand politicallydangerous; as for unionleaders, itis now politically dangerous to go back to the membership withless than the wage increases ofthe 1980s. During the questionand answer session following her speech, Ms. Kinsella fielded a numberofquestions from the audience. She remarked on therecent Graduate Student Employees Union (GSEIJ) certification election victory here at I 18. Ms. Kinsella stated the definition ofan employee under theNYS Taylor Law is very broad, unlike manyother states. Thus, in NYS it covers Graduate Assistants (GAsjand TeachersAssistants(TAs), whoare bolhstudcnlsandenipkiyeesofNYS. She also March 30, 1993 shared her thoughts on onearea in which the GSEU might have some difficulty in bargaining with NYS, that ofissues related to individual student status, in contrast to issues related to individual employmentstatus. She pointed out that mere must be a clear line of distinction between collective bargaining on issues which are in the contextof employment status and those which are in the context of student status. Ms. Kinsellastatedthatcollective bargaining takes place not in the context of student status, but rather in the context of employment status. Ms. Kinsella believes that the public does notfully understand PERB'srole when a labor dispute arises. PERB administers the Taylor Law, yet, at the same time, it is also limited by thelaw. She sees themostcommon public misunderstanding in thecollectivebargainingarea. The PERB's sole function is to facilitate a process, not produce an outcome. ThePERB, withMs. Kinsellaas Chair, covers all the public employees and employers in New York State. It isan efficientstate agency which operates with a limited staffand under severe budget cuts, while facing a greatly increased case load and an increasingly large number o fbargaining units. FIRST ANNUAL WORKERAND CONSUMER RIGHTS CONFERENCE TOMORROW!!! Speaker Attacks "Falling Down" byJoeKhanna TheAsian-American Heritage Week sponsored by the Asian-American Law Students Association (AALS A) came to a close on Thursday afternoon with guest speaker Elizabeth Ouyang, a StaffAttorneywith New YorkCity's Asian AmericanLegal Defense and Education Fund(AALDEF). Ms. Ouyang discussed effortsbeing made by herorganization, AALDEF, in New York City, such as bringing law studentsand attorneys in contact with Asian crime victims to assist in communications with policeand the DistrictAttorney' s Office. She noted theefforts being made to establishaNational Network thatwould putpressure on prosecutors to more vigorously pursue these cases. Ms. Ouyang stressed the importance ofeducating the community on how to "plug into this network. Ms. Ouyangspoke about a Corral Springs, Florida case in whicha Vietnamesepre-med studentwasthe victimofaracially motivated murder. Afteramassive letter-writing campaign, a second-degreemurder chargewas obtained. Ms. Ouyang further stressed the importance of community awareness and pressure on prosecutors, citing aNew Jerseycase in whichanIndian doctor was the victim ofaraciaUy motivated assault and battery. In this case there were no arrests madefor two years. After AALDEF and the National Networkworked toget the FBI involved, it was uncovered thatthe prime suspects in the attack included apolice officerand the son of another police officer. Both were arrested. Ms. Ouyangalso discussed what shebelieved were the main reasons for impeded Asian integration into the socio-political system in this country. Among these is thelong history of discriminatory immigrationlaw quotas, whichwere notlifteduntil 1965. ShesaidthatAsians couldnotbecome nationalized citizens until 1952. Ms. Ouyangalso stressedthe negative impact ofthe Japanese internmentcamps initiatedby the government withoutevidence substantiating government allegations that Japanese-American spies were giving security information to Japan. Additionally, Ms. Ouyang attacked the recent movierelease Falling Down", starring Michael Douglas, as furthering false negative attitudes about Asian-Americans. She had a complete copy ofthe manuscript, from which she read several lines ofdialogue spoken by MichaelDouglas' character as he enters a grocery store ownedby aKorean businessman early in the film. She claimedthis dialoguefrom the film wasanunfounded socialand politicalattack onimmigrants in this country. Ms. Ouyang emphasizedthatthis type ofmediatreatment hinders positive racial relations. Asian HeritageWeek byJoeKhanna The Asian-American Law Students Association (AALSA) sponsored last week's Asian American Heritage Week at the Law School. It was aweek-long celebrationthatfeatured food, films and a guest lecture by Elizabeth Ouyang, the StaffAttorney forthe New York City-based Asian American Legal Defenseand Education Fund (AALDEF). These events wereintended toraise community awareness ofissues ofconcern to Asian-Americans. Two films were shown duringtheweek.''Blue Collarand Buddha examined misconceptions about Southeast Asian refugees living in Illinoisand therole ofthe Buddhist Church in the community. TheAcademy Awardnominated film' 'Unfinished Business documented thestory ofthreemen whorefused to be interned andwere imprisoned forviolatingExecutiveOrder9o66,andtlieirsubsequent efforts toreopen theircases and have theirconvictions overturned. The Asian Food Fair, held last Wednesday, was a tremendous success. Members ofAALSA had preparedvarious Asian delicacies, which completely sold out in less than thirty minutes. The week concluded with guest lecturer Ms. Ouyang, who discussed current issues in theAsian- American community and theroleofherorganization, AALDEF in New York City (see related article, this issue The Opinion'). Withthis long, hard week behind them, AALSA members are now focusing on nextyear. They hope to get an early start, attracting new members from next year's class right away. The organization willbe in a building phase,withthefollowing four officers graduating this year: Maxine Lee, President; Alice Tarn, Vice President; CharlieLiv, Secretary; and NaoyaKano, Treasurer. AALSA elections are scheduled to be held before the end ofthe semester. �ewrewredwr werf WHERE: DEAL: Non-traditional careers: Financial Services Tuesday, March 30,2:30p.m. RmlO6 Non-traditional career opportunities with Met Life. All students invited. WHAT: Alternative Dispute Resolution/Arbitration/Mediation Panel WHERE: WHEN: RoomloB,O'BrianHall Tuesday,March3o,s:3o-6:30p.m. Speakers include Kevin Powers, Federal Mediator/Arbitrator; andDavid Polino, BetterBusiness Bureau and Dispute Resolution Center. Sponsored by the Women's Bar Association ofthe State ofNew York. WHAT: WHEN: DEAL: You can live in the heart of historic Greenwich Milage this summer. � Central NYC location in charming neighborhood � 1-3bedroom suites in modern, air-conditioned, 24-hour security apartment buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYLTs sports and fitness WHAT: WHERE: WHEN: DEAL: "FatherKnowsßest" Woldman Conference Theater, Norton Hall (second floor) Tuesday, March 30,6:30 p.m. A play aboutliving with domestic violence. Presented by theDomestic Violence Task Force. Admission is free. WHAT: WHERE: WHEN: DEAL: Seminar on Financial MattersEssential to New Attorneys Room 106o'BrianHall Tuesday,March3o,6:3op.m. Conducted byrepresentatives ofBuffalo Financial Associates. Refreshments will be served. WHAT: WHERE: WHEN: DEAL: Fatal Encounter With Justice: The Death Penalty O'Brian Hall,Room 108 Thursday,April 1,2:00p.m. Discussion by Nobel Prize nomineeRev. Joseph Ingle. I WHAT: WHERE: WHEN: DEAL: Fatal Encounter With Justice: The Death Penalty , St.PaursandSt.Mark sUnitedChurchofChrist,lBsNiagaraSt.,Buffalo Thursday,April 1,7:00p.m. Discussion by Nobel Prize nomineeRev. JosephIngle. J NAME I ADDUSS I cmr/state/zir code REV. JOSEPH INGLE, author and activist, discusses THE DEATH PENALTY Thursday, April 1 at 2:00 p.m. Room 108,O'BrianHall PHI ALPHA DELTA LAW FRATERNITY, INTERNATIONAL Cordially invites all PAD members, PAD alumni, law school faculty, and their guests to PAD 9s "END OF YEAR " DINNER to be held at The Macaroni Company 60 Maple Road, Amherst - Wednesday, April 21, 1993 6:30 pm Cost: $ 11.00/per person forDinner Also Cash Bar Happy Hour Anyone planning to attend who has not received a Reservation Form, please drop a note in Box 430 indicating your name, number in party and your telephone and box number, Please indicate if you are a PAD member or Faculty. Your reservations will be confirmed and payment collected at a later date. For more information call Joe Khaniia at (716) 875-2520. noncredit evening lecture series I F°r more information on the HpHMNfI I Summer Uvtng Pfvgiwnt at the NYU School of Law residences, I please return the I coupon below or call I 1-212-998-6512. center, free, R1 I I \~MmUu. NYUSchool ofLaw j— Approximate dates of stay? ■ Summer Living , I I 40 Washington SquareSouth New York. NY 10012-1099 I Far 1-212-995-3156 I() ' From DAY TELEPHONE ] SCHOOL( COM?ANT / AFFILIATION to i I " ( 1 -71 EVENING > TELEPHONE |_AWJM M^n,iy^«i^fc-Mt-.««~trW.»i .■■,—»— __ I " At_j PUBLIC NOTICE THE OPINION EDITORIAL BOARD ELECTIONS Tuesday, April 13,1993 at 5:00 PM Editorial Board Positions: Editor-in-Chief Managing Editor NewsEditor Business Editor Features Editor Layout Editor Photo Editor Art Director For a list of responsibilities, see The Opinion Constitution on the doorof Room 724. Please submit a written letter of interest for a desired position(s) to Box #223 no later than Monday. April 12.1993 at 5:00 PM. Interested candidates should be available for an interview with the Editorial Board on the day of election March 30,1993 The Opinion 7 �BUFFALO LAW SCHOOL BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE TUESDAY, MARCH 16 1) 1993 BOOK DISTRIBUTION BEGINS (Additional distribution days: 3/31 & 4/15) 2) CLASS OF '93 N.Y. DISCOUNT ENDS - $150 ($5O April 15) discount until NOTE: - CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 15; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 15 - THURSDAY, APRIL 15 LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS THURSDAY, MAY 20 NEW YORK COURSE BEGINS AT LIVE LOCATION WEDNESDAY, MAY 26 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 FILING DEADLINE FOR JULY 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-03-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 16 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/30/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 16 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3f4dff13f3ac685cd4f58cd12229de4f.pdf be255d641aaface2ced24efa360ebbb6 PDF Text Text THE OPINION Volume 33, No. 16 April 22,1993 STATE UNIVERSITY OF NEWYORK AT BUFFALO SCHOOL OF LAW Grading Game: The Saga Continues byPaul Roalsvig, Co-Editor in Chief In a memorandum written to their fellow APPC (Academic Planning and ProgramnungCommittee) membersdatedMarch 23,1993, Errol Meidingerand David Engel conceded that "it is unusual to introduce a [grade] changeof tluskind in themiddleof the year". The memorandum also continued that: "Transcripts would be difficult to decipher and would require elaborate explanation in order to differentiate grades received in the Fall from those received in the Spring". Finally, the memorandum statedthe following: "...moreover, there isno strong reason to implement the [new] system immediately." But the memorandum seemed to have fallen upon deaf ears. In ameeting of Faculty and SBArepresentatives on April 16,theAPPC made a motion that the new grading scheme should not go into effect untiltheFall of 1993 - primarily because the feedback factor built into the new grading system would havebeen totally loston (lie outgoing third-year students. The motiontookthe grad ing issue o ffthetable and once again opened the subject up fordiscussion and a vote. SB A President-elect Saultan Baptiste, SBA Vice-President-elect Paul Beyer, Treasurer-elect Marc Panepinto and Secretary Shirley Fang presented their plan to the Faculty and stressed the merits oftheirproposal to "grandfather" the current second and firstyear students. This proposal wouldkeep the current H,Q (with orwithout the *), Dand F system for all current students, and only begin the new system withthe incoming class of 1996andall subsequent classes. The SBA's proposal included the compromise measure ofallowing postedgrddes(tobeputiipon the third lloornear A&R) to have the Q+ and Q- forthe purposes ofmuch-neededfeedback.ButtheSßAstressed over and overagain tliatthere would be no way for students to accurately and fairly explain theirperformanceas documented on their transcripts to prospective employers when, forone part of their academic career, they have re- ceivedQ'sandQ*'s,andforanother,Q-'s,Q's students would simply continuecomplaining until they had.President-elect Baptiste countered by telling the faculty that SBA was not onlythinking ofthe current classes ofstudents, butalso offuture classes. Professorßergerfelt thatamid-yearor mid-semestergrade systemchangewouldhave no effect on howpn >spective employers viewed UB Law school students. Professor Schlegel argued against the grandfathering proposal, stating thatthe provision would only encourage those students, whoreceived Q'son their transcript, but whoactually received Q+'s in the course,to seek letters ofexplanation from theirprofessors. SBA suggested that A&R implement the distinction between the classes in the grandfatheringprocess, thustaking theonusoff the shoulders ofthe professors. Finally, Baptisteargued that the lasttime agradingchange and Q+'s. According to Baptiste, the crux ofthe hadbeen implemented (the enactment ofthe SBA's argument wasthat "transcript consis- H,Q,D,F system), the system had been tency must prevail". ' 'grand fathered-in'', and argued that the stuThe Faculty reacted to theSBA's pro- dents simply wanted to be treated today as they posal in a variety ofways. Professor Finley felt the students acted inunaturely, that they Grading, continudonpage 10 ", eat it too andfelt the theircake and 'wanted ' ... Antonin Scalia Comes to Buffalo,but not UB Law by Paulßoalsvig, Co-editor in chief Supreme Court Justice Antonin Scalia made ashort stop in Buffalo onMonday, April sth, just long enough to give a talk at the Student Center Auditorium at Canisius College. Although open to the generalpublic and freeof charge, themysteriouslackofpublicity surrounding the affair combined with thefact that the students here at IJB Law were just beginning spring break led to the inevitable result (hat very few UB law students had the forming their own. The Germanand Italian Constitutions are fairly recent documents, he noted, compared to our Constitution, which existeda full 100years before theirscameinto existence. The creation ofthe Constitution held a special place in Scalia's heart. The Constitutional Convention, he emphasized, consisted of four months ofmeetings attended by the most remarkable men ofthe tune. They were the cream ofthesociety. Neveragain wouldall the notable men ofa society come together in proving to be useless was "Bicameralism or Fight!"ratherlliaii"freedom oftliepress!" he said. Scalia then began criticizing what he called a recent "trend" by special interest commonpurpose theway that themembers of the Bill of Rights. The Bill of Rights was, , according to Scalia, an' 'afterthought ' ofthe constitutionalframcrsandarather inconspicu- groups to findnew interpretations inthe original minutes o fthe Constitutional Convention to bolster whateverdemands that they think the Constitution supports.'' A SupremeC< >urt",he stated,' 'committed to safeguarding thedocument, cannot solely uphold it against apeople ous addition to the whole thing. Wasn't it that does not understand it adding sarcasti- peculiar then, that the Bill of Rights has received so much attention, and is also considered its most celebrated item? Scalia thought it odd. cally thatthe attitudeofmany special interest groups can be translated to:" We-tlie majority- theConstitutional Convention did. He thenmoved on to a discussion on The problems withmany ofthemodem constitutions supposedly modeledafterour own, hesurmised, was that they focused fortoo Scalia addresses crowd'at Canisius Photo: Paul H. Roalsvig opp< >rt unity to hear him speak. Therather small auditorium was filled to capacity, and some people were evenconlent to stand against the walls ofthe room the entire time that Scalia was speaking. The majority of the lecture was devoted to his personal analysis regarding the historical development of the Constitution, and thesignificanceofourConstitution inlight ofworldaffairs and current American politics. Justice Scalia compared the Italian Constitution to the original American document that the Italians used as a model for the "Court cannot save society from itself.'' -Antonin Scalia want our new constitution and we want it now"! He lamented the fact that society has misperceptions about the typesofliberties that are enumerated in the Constitution, and concluded his lecture withthe observation that in the long run, the "Court caiuiot save society from itself." BLUE BIRD DRIVERS IN CONTRACT NEGOTIATIONS byKevin P. Collins,>, ManagingEditor Will law studentsbeable to take theBlueBird bus from South Campus to thelaw school duringfinals? The answer is more thanlikely tobe yes, ifthe Amalgamated Transit Union (ATU) and Blue Bird (3oach Lines continue contract negotiations. The Blueßirdbusdrivers belong to the ATU. The contractbetween the company and thebus driversunion ended inJanuary.andlhedrivershavebeenworking with no contract since. Blue Birdhasproposed two separate contracts. The bus drivers and their unionrejected both, mainly forthe followa 14-hour cap on pay for one ing day; a 25 percent decrease in wages, and the cancellation ofthe drivers' pensions. Moreover, Easter andLabor Day, which are paid holidays, were excluded in the contractsoffered. In a telephone interview with John Bialecki, the Vice President ofthe ATU, Mr. Bialecki stated that there is a very strong likelihood lliat there will be no disruption in services. Mr. Bialecki asserted that theATUand BlueBird are still trying to worksometliing out Allhopethat there will not bea strike, and Mr. Bialecki assured that astrike wasnot imminent. In addition, Mr. Bialecki said that he had beenspeaking to Mr. Magnanom ofBlue Bird, that theunion is willing to continue negotiations with management, and that an agreement maybereached soon. In atelephoneconversationwith Mr. Louis Magnanom, the President and ChiefExecutiveOfficerofßlueßird,Mr. Magnanom stated that any story that the bus drivers would go out on strike was unfounded,and probably due to individual bus driver'sopinionsand rumors. Heasserted thatlaw students need not fear that thebus service wouldbe disrupted during finals because it was unlikely that there would be a strike in the next tliree weeks. Furthermore, when asked what would be done in the case of a strike during law school finals, Mr. Magnanom stated that the service would continue, as it always has in the past, with management personnel doing the driving. In response to the possibilityoflhecompanyhiringreplacement workers during the strike, Mr. Magnanom responded stronglyby stating thatwords should notbe put into hismouth and that there would be no replacement reasons: muchona bill ofindividual rights (to the point ofprotectingpractically every individualright) and not enough on (hose more mundane paraIn the question-and-answerperiod that, graphs which would help keep powers sepafollowed, one 1IB student asked Scalia ifhe rate, keep the powers ofthe various divisionof didn't think that part ofthe reason that our workers. government in check, and hinderthose ambiConstitution had enjoyed such longevity was Blue Bird, continudonpage 10 tious persons who would rise to power and due to the way it had dealtwithpopularissues attempt to usurppower from the existing conScalia, continudonpage 6 stitutional political structures. A bill of rights is only useful, said Scalia, ifthereare otherproper constitutional structures and safeguards in place. Weshould try to think (and the same goesfor any nation putting together a constitution) ofourBill of 3 Group Spotlight Rights as "(lie fruit, not the roots, ofourconstiEditorials and Commentaries 4-5 tutional tree". Without the proper structures and safeguards, a constitution consisting of 6 Roaming Photographer. individual rights will not endure. What people Alumni Spotlight 6 should havebeen yelling in the formerSoviet HIGHLIGHTS ~ Union as their "Modern Constitution" was Labor Conference 7 �ALL 7st and 2nd year students CHECK IT 0UT...1f you are taking the New York Bar Exam, NO other course compares!!!!!!! GIVE US A CALL 1-800-635-6569 ■ t.;| WC* J -/;■/.•;/. • ._ .. iv.-.-.v.v-wv. ■--.-.-.-.-.-. - ■•... .■-■.--■.---•-.-- �THE CHANGING OFTHE GUARD The Buffalo Journal ofPublic Interest Law bySharon Nosenchuck,. News Editor lion. The next issue ofBJPIL will include The Buffalo Journal ofPublic Interest articles on the topic of "Changing Course: Law is the second-oldest student-edited law Public Interest and Public Policy in the New Administration." These articles will, give review at the Law School. In the strong tradition ofpublic interestlaw at ÜB, TheBuffalo advice to the Clinton Administration in areas Journal ofPublic Interest Law (BJPIL) is a such as education, the environment, health student-run, student- fiinded annual law journal care, government reform, human rights, and children's issues. dedicated to publishing articles on law, sociBJPIL recently obtained acomputer policy. and public ety, and will give seminars on cite-checking. In The Buffalo Journal ofPublic Interest Law was formerly called In the Public addition, BJPILhas arranged foralaw librarian Interest (ITPI). The journal is now no longer to give library research, cite-checking, and associated with the Centerfor Public Interest Westlaw tutorials. Check withtheBJPILstaff , byKevin P. Collins, ManagingEditor The Opinion has a new editorialboard. Big deal. The end. Just Kidding. The elections for the editorial board were recently held. The first position up was Editor-in-Chief. Tension filled theair (or at least something did). The first vote ended ina tie between Tracy Sammarco and Paul Roalsvig. The situation was nerve-racking. It wasaplay-offatmosphere. Oneinterestedonlookerranscreaniingfrom The Opinion office, unable to contain himself. The second vote was taken. But, wait! While the votes were being counted, Tracy and Paul went out into the hall. When they returned, they decided thatfor thefirsttime in thepaper's 44 year history thatthere would be a co-editorship. Yes, that'sright, history was made in that moment, onewe will not soon forget. Theremaining editorialboard positions went fast (butnot neccessarily to anyone). Sharon Nosenchuck is thenew News Editor. Kathy Korbuly isthe new Art Director. The rest ofthe editorialboard positions were left blank, basically because no oneapplied for them. Then, justlast nightas this story was being written(in liaste), Dan Harris became the newPhoto Editor and MariaBuchanan (no relation to Pat) became the new Features Editor. TliepositonsofßusinessManagerandLayoutEditorarevacant(forthoseofyou dying to get involved in the law school). The new Managing Editor isKevin Collins, who was unavailable for comment. Available for comment, though, wasvenerable law student Joe Antonecchia, who, uponreflection ofthewhole thing, was thought to be heard to utter,' 'This whole tiling is surreal,man!" GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue. Law. ITPIwasfounded in 1980by two UBlaw Students as an alternative to The BuffaloLaw Review. These studentswere distressed about the lack ofstudent articles in the school's law review and especially concerned about the paucity of articles examining the law in its social, historical, and political contexts. Thejournalwas originallypublished in a newsletter format. Today, the journal is published in the traditionallawreview format and is even listed in the Bluebook (under its formertitle In thePublic Interest). Law libraries,law firms, legalaid societies, and agencies nation-wide are subscribers to BJPIL. BJPIL articles are onWestlaw and in the Alternative Press Index. BJPILreceives submissions from around the world. BJPIL is one of the few journals in the nation thatis devoted to public interest law. OneofthegoalsofßJPlListo publish articles by UB law students. The journal welcomes student submissions, including seminar papers written for classes. BJPIL is open for participation to all students with an interest in w<>rking on a journal. Grades arenot acriterion forparticipation in BJPIL. Students areable to be involved in the entireprocess of publishing BJPIL, from selection of the articles, to editing, cite-checking, and illustra- in room 725 O'Brian for moreinformationon these activities. BJPIL is loosely associated with BPILP. Aidaßeyes, Editor-in-ChiefofßJPlL, said that, hopefully, this association will encourage fiiturejoint ventures between the two groups. She said that both groups have the common goalofpromotingpublic interestlaw. Ms. Reyes notedlhatßJPlLisagood idea for people who do not want to do law review. It has asmaller staffand is less intense and less ofa conunitment than the traditional law review. Another advantage of BJPIL, mentioned Ms. Reyes, is that students can be involved inevery aspect ofthe journal. ' 'The Buffalo Journal of Public InterestLaw is a great opportunity for those who wantto get experienceonajounial," continuedMs.Reyes, saying that employers are impressed by the strong legal research and writingskills gained by those withjournal experience. Shepointed out that, in the present jobmarket, that could be the edge thatcould make the difference in getting a job. BJPIL ishaving arecruitment meeting on Wednesday, Apri121,1993,in room 109, at 3:30 p.m. BJPIL is located in room 725 O'Brian. PAD Officers 1993 Justice Saultan H. Baptiste Christin Horsley. Lisa Dalfanso Diane Boldt Wendy Kowalczyk Terri Weinreber Joe Khanna | Vice Justice Treasurer Clerk Marshal Marshal Buffalo is Second to None by Frank Housh The annual Fasken weekend was truly OnSaturday Marcli26,asfogshrouded the gleaming spires of Toronto's skyline, a complement of UB Law's finest first-year oralists held forth on the top floors of the Toronto DominionBank Tower. They came to defend Buffalo's title to the coveted Fasken Shield, the award given to the best overall school at theannual firstyear competition held inthe officesofFasken Campbell & Godfrey. Buffalo swept the competition in '91 and '92, and the air was thick with the cold mist of vengeance as five schools from the United States and Canada sought to remove UB from theirchampionship throne. The UB contingent of Marjory Avant, Virginia Jacobson.Alisa Lukasiewicz, Dylan Mitchell, Paul Morenberg, Maija Reeves, Kevin Szczepanski, and ClirisWidholm trained hard for the two weeks preceding the competition. Haunting the meeting rooms of the law library like vengeful spirits, they mastered complex areas of international law in very short order. On the day ofcompetition, they shined. The team foughthard and well, coming up heart-stoppingly close to victory and losing by a mere .48 of a point to Syracuse for the championship. UB did however, walk away with arecognition tor Best Oralist,awarded to Kevin Szczepanski. The team was accompanied by ProfessorClaude Welch from the Human Rights Center, who judged the competition; Jessup Executive Board members Tom Cannavoand Frank Housli were also one to remember. During the competition weekend, arather bizarreand uni\>rtunate series of events led to the desecration of two vehicles, events that set the tone forthe weekend. Indeed, whenBuffalo was not taking on all challengers to theirthrone, Paul' 'Mad Dog Morenberg was issuing street justice on Toronto's stately boulevards. After a brief visit to one ofToronto's public houses for refreshment, several members ofthe Buffalo and Syracuse teams wereaccosted by abandof young toughs. When vulgarremarks directed at one ofthe female members of the Fasken party transformed into an assault,' 'Mad Dog " stepped in. " I dukedthe guy,Morenberg was reported to have said. "Tom (Cannavo) would have done it ifhe hadn't been sort of traumatized by the whole thing. I justdidwhat I had to do." Jessup has hadoneofitsmost successful years. From a great performance by the regional team in Columbus in February to the standouts in Toronto, Jessup is anxious to continue its winning way s with a new Executive Board. Nextyear theBuffalo Jessup Board will add a competition, entering the fray for next year's Niagara Cup. The Jessup Executive Board would like to tliank allofthose faculty, staff, and students who helped make this a wonderful year. Finally , we offeraspecial thanks to LauraMangan from the Baldy Center, whose characteristic kindness and aplomb allowed Jessup to continue in the face ofextreme disquiet. judges. Alumni Coordinator New PAD Initiates GretchenAyhvard Maureen Elwell Jennifer Englert Shirley Fang Sue Fox Tom Glascock Craig Hannah Nicole Holder Perlene Irani Deloris Johnson Noelle Kowalczyk SyamaprasadKrishnan Anne Kyzmir ToniLorio Eduardo Meire Jane Monaghan Michelle Obleman Sharon Pigman Marianne Rodgers Gerard Roux Eddie Sauls - Colleen Seminara AnnaSimone Ruthanne Wannop ChrisWidholm FREE BEER.PIZZAANDWINGS The Opinion is seeking interested,and interesting, individuals to come up toRoom 724 and join theparty. Ifyou have even partial motor control over your own body, you are more than qualified. We want aspirin, but we'll settle for Photographers, Writers, Cartoonists, and anyone else with a modicum of creativity. You can even be our Business Manager orLayout Editor. Think whatthose tit les will look like on your RESUME!! April 22,1993 The Opinion 3 �Volume 33, No. 16 April 22, 1993 Editors-iii-Oiief: Managing Editor: Business Manager: NewsEditor: Paul H. Roalsvig & Tracy Dale Sanimarco Kevin P. Collins Vacant SharoiiNosenchuck Features Editor: MariaT.Buchanan Layout Editor: Vacant Photography Editor: Dan Harris Art Director: KathyKorbuly StaffWriters: Saultan H. Baptiste, JoeKhanna Contributors: Frank Housh, Bill Kemiedy EDITORIAL New Blood ' 'The torchlias been passed. *' A corny plirase, but ithas its uses. Right now it seems the proper way to introduce the new crew and the new outlook that ex ists now atThe Opinion. First ofall,there'sabitofunconventional leadership here, but itsof die sort that willlead to an interesting blend ofviewsand perhaps evena more egalitarian journalisticapproach. A tag teamof co-editors has takenover theEditorin-Qiiefspot. It'ssomethingthat has neverhappened in TheOpinion's44 yearhistory. The new Editors-in-Chiefs sincerely hope that this union will make for a more cohesive, more viablenewspaper. The personality ofThe Opinion isalso bound to change. The newspaper has received criticismfrom many sources in the past. Apparently some peoplefelt that thepaperwas abit too sterile, tooremoved from the daily lives ofthe students itmeant to serve. Well, we want that to change. The "human interest story" is alive and well at UBLaw, though itmayseem buriedunder a mountainof lectures, speakers, bar review sessions and the like. Without sacrificing our duty to keep you well in formed, it is our intent to unearth those parts ofthelaw school functions and student life that willkeep your interest and make you laugh. Contrary to what some might say, we believe these facets of the law school do exist. The net result ofall this change will be a paper thatUB Law students, staff andalumnilook forward toread ing. Itwillbeapapertliat willprovide enlightenment, and yet, at thesame time, be interesting, thought-provoking and stimulating. Wealso hopethatalivelierpaperwill invitemore participation from interested parties. We invite you to write down your thoughts; eitherforpublication orto tellushow wemay better serve the UB Law community. There'sbeenarunningjokearound theofficeofTheOpinion forsomelimenow. , It's a play on the famous New York Times motto, "All the news that s fit to print.'' Our version here at the paper ran something like,' 'All the news thatfits in print.'' This isn'texactly a source ofpride for the staff. We work hard to put out the issues you find strewn about the halls ofO'Brian Hall. We want you to know thatyour criticismsofthisnewspaper hithome. The Opinion was created to serve thestudents ofUB Law School; to bean independent and objective observer informing and entertaining the population of'his school. hi the past year or so, there hasbeen constant criticismaimed at thepaper, much of it valid. We were accused of serving the needs of only a small minority ofthe students, notthe entirebody. We may havemade some errors. We strive not torepeat those errors in the coining year. There is new blood in(lie paper and werefuse to fall OPINION MAILBOX Dear Editors: I wasTecently admiring the outstanding jobthat thealumni association did inassembling die " 100YearHistory " oflJB Law. It so nicely paid tribute to the wonderfulfaculty and students thathave graced ourfair institution. It outlined their contributions to legal literature, student organizationsand scholarlyanalysis. Aslflipped through the pages, itseemed as though something wasmissing, that somehow this comprehensive, 5 year, $50,000.00 project was incomplete...then it hit me...there is no men tionofthe peoplewhoactually run this school, thepeopleresponsible for typing those everso-articulate faculty law review articles and providing other faculty support, the people responsible for our studentcourse materials, the people who put up withthe, often nasty, dayto-day gripes ofthe faculty and students. I wouldlike take advantage ofthe opportunity ofSecretaries Week and acknowledge the tremendous job that thestaffand secretaries put forth on our behalf. Without diecompetentstaff inA &R, CDO, the copy center, theBaldy Centerand theDean's Office, this school would not function nearly as well as it does (I realize thatthis is open to interpretation). They add a much needed human touch to the otherwisecold-hearted law school style. Take the time to thank our staff, you'dbe surprised at theresponse! prey to thetemptation to print onlythecomfortable story, theclean version. We intend to inform you and to make you laugh while doingit. It liasbeen said thatthe verbal degradation ofthislaw school by its own students be will the straw thatbreaks thecamel's back. Insulting this institutiondoesnothing to uplift it; it is, in fact, a self-fulfilling prophecy. We applied, we're in. We need to make the most ofit. The Opinion will not act as a vehicle for the aspirations a few people at the expe&se ofthe entire law school. That we guarantee. of Therefore, in furtheranceofthisspiritofgivingthepaper back to the students it was created for, we ask you to contribute your thoughts to the finalproduct. The editorialboard ofTheOpinion is here to transfer yourexperiences, thoughtsand ideas to theprinted page. We will strive toaccommodate you in this process in every way possible. After all, your opinionis The Opinion. Copyright 1993. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without theexpressconsentofthe Editors. TJieOjnnjon is published everytwo weeks during theFall andSpringsemesters. Itis thestudent newspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofThe Opinionis determinedby theEditors. The Opinionis funded by the SBA from StudentLaw Fees. The Opinion welcomeslettersto theeditor but reserves theright to editfor length and libelous content. Letters longer thantliree typed doublespaced pages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent via Campus orUnited States Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716)645-2147 or placed in law school mailboxes 761 or512. Deadlinesfor the semesterare theFriday before publication. The ideas expressedin the "Letters to the Editor" and on the commentary page are not necessarily endorsed h> the Editorial Board ofThe Opinion. -Th^Opjqjcifc,, 4 22,J993-- Dark Marbles Say, "Come DanceYourAss Off!" Thursday, May 20 at Nietzsche's AND Saturday, May 22 at Central Park Grill �Introspection GOLD Group Plans Nuts & Bolts Programs Features Editor By MariaT. Buchanan Abouta monthago a friend ofmine decided to quit law school, not because he was failing out, but rather because he was afraid ofbecoming like the rest of us. His basic contention was that we (those of us whoremain in law school) lost any sense of individuality shortlyafterthe first semester. In addition, he felt as though therewasn't anyone left who could think for himself, except for him and he wasn't going to buy into the law school system. When people found out his reasons for leaving school many thought he justwasn'table to handle law school or that he was the one with the problem. But ifyoureally tliink about it, law schooldoeschangeyou,maybeforthe better or maybe not. Being only a first year,my metamorphosis is not complete, yet I realize there is some truth in the wordsofmy friend. I came into law school with my own world view, thinking I knew where I stoodon most issues. Then all ofa sudden I began to see the other side ofissues and my views became muddled. I no longer know how I feel about many issues. As the saying goes, "I could argue the issue both ways.'' But thatis part ofthe process,part ofthe development ofan advocate, yet sometimes it feels cheap, almost as ifintheprocessoflearning how to bea lawyer, I am losing my sense ofself. Weallknow jokesabout lawyers are very popular. Butwhatis itabout lawyers thatnon-lawyers dislike somuch? I used to tliinkthat exorbitant fees were the problem, but I tliinkit's the attitude that we learn to develop. Idoiftthinkuiatanyonecomes into law school with the intent to become an egomaniac, but for some it is inevitable. No matterhow hardyou try to prevent it,your ego H'sineverything,although thehumbleones enlarges. Whenyou run into people youknew may throw in aQ*. There arealso the juveniles - those from high schooland itcomes out thatyouare at who seem McDonalds, lawschool,and work its to be stuck in high school. They they in natural tliat wouldfeel thatyour think that class tune is for trying out new proud only you succeeding. (Of course, this is not to say that kinds ofcandy or singing songs. Also inone caiuiot have a succesful career with cluded in this category are the people who McDonalds or betrulyhappy flipping burgers.) think professional responsibility means beBut this ofcourse is one ofthe least offensive ing able to beat your computer in solitaire. Ofcourse, to be annoying youdon't ofthe attitude disorders. Weallknow thatyou only haveu> go haveto be a student. Thisleadsright into the as taras the classroom to find asampling ofthe topic ofgrades, the very thing thatmotivates various categories of what I shall deem as students (besides pure love ofthe law). I "annoying people". Unfortunately, we all knew when I chose UB that things were know at least one person who fits in this going to be a littledifferent - abit more laid category. Some of us may actually be that back. However, I did notanticipate waiting person. There are those people who are in love more thaii4months for my grades. I am sure with the sound oftheir own voice. They may that most ofyou did not bargain for this have absolutely no idea what in the hell they either. I wonder if the professors would aregoing to say, but theyare always willing to if to hear. care we took the exam schedule and hang theirthought processes out forall includes those extended it a few months. Think of the My favorite category state, who persons have lived in almost every ' 'super-anal" outlinesyou could create. Or have had at least six different vocations, and say your examisatake-homedue in24 hours. generally have lived almost every experience What the hell, whynot take a week or two to life has to offer (and they canalways cover the complete it? Who is going to care? God gaps by havingafriend whohas doneit all). But knows thedanin bluebook is going to sitand the best part is that they have a anecdote for rotuntil August orlater. Maybewe should everything and feel compelled to share these all stop paying tuition by the due date. Or withyou ona daily basis. To these people I say better yet, maybe some professors should shutup and start writing your memoirs. come to the realization that even students at Unfortunately, thereare severalother UB careabout their grades,and would like typesofannoyingpersons". Forexample.the a sense ofclosure to the first semester. eut-tliroats are the students whotake pleasure I hope thatI haven't offendedanyin ripping pages out ofbooks and stashing one, butiflhave then tough. I havejustmade others in thelibrary ventilation system. There what I feel are some honest observations. are also the students who are extremely con- However, you may find meannoying. All I cerned abut everybody else's grades. When know is that I would rather annoy you than questioned themselves, they ofcourse have lack identity. ABANDON SHIP/ = The GOLD (Graduates Of the Last Decade) Group oftheUB Law Alumni Association will presentthree''mini seminars on Saturday, April 24 in Room 108 of the UB Law School. These nuts andbolts programs will cover Family/Matrimonial Law, Basic Wills and Trusts, and Residential Real Estate. Registration will begin at 8:30 a.m., with the first program to begin at 9:00 a.m. Materials will be provided, in addition to practical tips and useful advice from the speakers. A nominal fee of $5.00 for students and $ 10.00 for attorneys will be charged and applied to cover the cost ofrefreshments and course materials. To reserve materials and a space, make your check outto the UB Law Alumni Association and mail to 318 , O Brian Hall, Amherst, NY 14260. Call Ilene Fleischman at 645-2107 forfurtherinformation. GIVE BLOOD ~««» riiiWi. isi-€ April 22,1993 "Vain The Opinion 5 �The Roaming Photographer-The LastWaltz By Paul Roalsvig This Week's Question:"What are you doing this summer?" Johnoleniacz,3L: Shirley Sostre-Oquendo,3L: Michael Radjavitch,3L: Nancy Johnson, 3L: "Don'ttawk to me-I'm having a bad hair day." "Gettingpaid." "Bar Review on theroad from Seattleto Buffalo." "Participatingin wild pagan rites". 3Ls: Don't Forget Your (Rented) Caps and Gowns They can be picked up at the University Bookstore beginning May 10th. Alumni Spotlight: Andrea Sammarco'92 by Sharon Nosenchuck, .News Editor Andrea Sammarco graduated from UB Law School iii May 1992and now works for People for the Ethical Treatment ofAnimals (PET A) in Washington, D.C. Ms. Samniarco's favorite course She pointed out that although many people believe that PETA is responsible for "liberating '' animals by destroying and stealing property, this is not true. These anti-social actsare perpetratedby a separate organization called the AnimalLiberation Front. Ms. Sammarco commented that she interested in animalrights during her became course was interesting, she explained, because freshman of year college, after reading the she was able to delve into statutory interpretaLiberation, by the Australian book, Animal tion due to thefact that thereare not very many Peter and that shebecame philosi>pher, Singer, statutes and thereis a lotofcase law in the area. at about the same time. a vegetarian Betty Mensch was herfavorite professor, said Ms. Sammarco said that she went u> Ms. Sammarco, because Professor Mensch "to become more effective in law school made tilings intriguing and made them "relfor working interest causes, especially public evant to issues you careabout.'' those which can'tafford expensive lobbyists Ms. Sammarco remarked that her favorite activity whileat UB was socializing. on Capitol Hill.'' She suggested that "a semester doing public interest work ought to be She observed that her proudest accomplishment was working for Greenpeace duringthe a prerequisite for being admitted as an attorsununer between her second and thirdyears. ney." Some ofthe functions ofher office She commented that shewasproud o flier work federal, state, and local animal are' 'applying at Greenpeace because she was able to do statutes and regulations, and limprotection something thatwas along thelines < > fwhat she ited case law, to devise strategies foraddresswanted to do. Ms. Sammarco began her present ing animal cruelty and institutionalized aniposition as Associate Counsel in the Legal mal exploitation, utilizingadministrativeproDivision ofthe Research and Investigations cedure, public health, contractand tort law to Departmentat PETA inNovember, 1993. Her identify novel bases for challenging animal officepro videscounseland representation for abuse, conducting litigation,providing support department staff and projects, stated Ms. to volunteerattorney s, draftingregulatory cornment,nilemaking, petitions, and hearing testiSammarco. and representing staff investigatorsas Ms. Sanunarco noted thatoneofthe mony, witnesses in law enforcement proceedings," prerequisites for working at PETA is "not participating in animal exploitation in any detailed Ms. Sanunarco. Ms. Sanunarco advised graduating way." "PETA's philosophy is that animals law students to "keep your moral convictions" are not ours to eat, wear, experimenton, or use and thatalthough the jobmarket may be bad, forentertainment," she stated. Sheremarked you love to do." She should do what "you that the PETA office tries to demonstrate to counseled law to do''whatdrivesyou students society that "it is possible to lead happy, to an and stand by your moral be attorney' * successfuland fairly well-adjusted lives withconvictions." out causing suffering and death to animals.'' Scalia, continued from page I and, in particular amendments dealing with humanrights? Scalia responded that while this was apopular argument for constitutional activists and the like, he felt that the Constitution should be the rock, or theanchor, and not themotor for The Opinion April 22, 1993 tion. Whose Law Review is it Anyway? Oh well, Congratulations are in order. The Buffalo Law Review is pleased to announce its 1993/1994 Board of Editors: Editor in Chief JohnD.Craik ExecutivcEditor Douglas J. Sylvester while she was at UBwas Anti-TrustLaw. The 6 change. Hehadnothing against changeperse, he simply argued that almost all significant changes could havebeen brought about statutorily, without tampering with the Constitu- Assitant Executive Editors: Kristin J. Graham JoyC.Trotter I'uhlications Editors: JosephE. Horey ArticlesEditors: Joseph W. Belluck Artlnir A. Edwards James A. Lynch, Jr. MonicaJ. Piga ConstantineKarides Eileen P. Kennedy David K. Koehler Paul F. Raimondi Lynda M. Tarantino ManagingEditor: Michael MacLaughlin Business Editor: HopeOlsson Book ReviewEditor: HeadNote& CommentEditor JuliaSchlotihauer Sharon A. Swift Julie Braverman Andres Colon Joshua E. Kimerliiig Noteand Comment Editors: JoluiC. Cory Jay S. Fleischman H. David Schwartz Jolui Wallace . Senior Members: Bryce M. Baird Sara E. Hewitt Alexander Komtkin Helen Pundurs Brian S. Roman Susan Y. Soong KarlaM.Wyand Leslie J. Darman David R. Koepsell LynnMontante Robert F.Regan Alan Schaefer Donna M. Suglia �GRADUATION/YEAR'S END Congratulations to the New Editorial Board of The Buffalo Journal ofInternational Law. PARTY!! Editor-in-Chief: Laura Elise Vasquez Executive Editors: Francisco Duarte Maureen Mahon Publications Editor: Larry Wollert ManagingEditor: Stephen Lee Business Editor: John O Shea Technical Editor: Erich de la Vega Recent Developments Editors: Suzanne Cruse Edward Moy Ron Olson Articles Editors: Christa Bowden Jack Cilingiryan Once Again, the Proud Inhabitants of 573 LinwoodAve. (Michael, David and Dave) are Throwing a PARTYTO BE REMEMBERED. Friday, May 7 DATE: (the last day of exams) TIME: 9:00 P.M.until sometime Sunday Morning Fight AIDS! (}) \ by1 Herbert Lichen y\¥ -EVIDENCE )) never Wear A Condom Charles Greenberg Marc Reinmling knov'/f." 4 CJ~( A presenfs Publications , #3/7 , [# /88 - PROPERTY ~ Of?<!? I/rftS •**/■* by Chcr/es Foxmasher fee simple absolute." Jf free speec/i -offend yw, +hen FucKOFFI" ' /T ■ , \\%X/ f • f# 25~6~ CONTRACTS, rf v., n // / ~* v don't ask Why. 1 �J* by Beasley Javalin \/ rr _ ) OUTLIVES CONDENSED LEGAL 'JL lm ' by Chub Rankler, Esq. H injuries, I'm sorry , Mens reg j Yes way j" ,^^ll- *"^ aZj-U nfrt The First Annual Worker and Consumer Rights Conference by Kevin P. Collins, ManagingEditor Pholosby Dan Harris, Photography Editor With twenty speakers and four panels, theUBLaw School was host for the First Annual Worker and Consumer Rights Conference. Theconference was held on Wednesday, March 31, 1993and was presented by theLabor And Employment Law Association (LAELA) and theLaw Students for Corporate Accountability (LSC A). The event was co-sponsored by the Graduate Group on Human Rights, theLatin American Law Students Association, theNationalLawyers Guild, the Student Bar Association, and the Students OfLaw forAnimal Rights. Theconference wasorganized bylaw students Joe Antonecchia, Joe Belluck, KevinCollins and MarkPanepinto. The conference focussed on the rightsofconsumers,thechallenges facing labor organizing, and the rights ofemployees atthe workplace. Over 150law students,faculty, UB community, labor unionsand Western New York citizens attended. The conference was covered by the local radio and television stations, as well as in The Buffalo News. Plans are underway fornextyear's conference. April 22,1993 The Opinion 7 �Is Bar/Bri Really Enough For The MBE? uitf Score £U*°- CB I \ \ 1 \ * ' In / c e MBpc Sliest 5core /« / , OVdo\ S^e^T«ory»tte,lb \\ // \ / If », . ****** £*"»*• Q*fo \\ I **»* Absolutely, Positively A Necessary Multistate Supplement! mbwmbHm* MULTISTATE SPECIALIST NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 // / / �THE "MBE" IS THE KEY TO PASSING THE NEW YORK BAR EXAM: In New York the passing score on the "MBE" is 132 correct. In order to pass the New York Bar Exam, a candidate must score a total of 660 points with the scores on the "MBE" and New York section(s) being combined. Although there is a combined grading scheme, the "MBE" is really the "key" section for two reasons. First, if you score over 132 on the "MBE" those extra points are applied to your overall score. Consequently, if you were to score 150 or 160 on the "MBE" you could theoretically pass the exam and only score 2s and 3s on the essays! Secondly, most of the New York essays will cover Multistate subject areas (e.g., CONTRACTS, EVIDENCE, PROPERTY). Therefore, when you are studying for the "MBE", you are also preparing for the New York section of the exam at the same time! THE BAR EXAMINERS KNOW YOUR "MBE" SCORE BEFORE GRADING THE ESSAYS: In New Jersey, New York and Pennsylvania the Bar Examiners know your "MBE" score before grading the essays! In fact, in many states your performance on the "MBE" influences how the Examiners grade the essays. For example, there are 30 Multistate questions in Evidence on the "MBE". If you score 27 correct on the "MBE" in Evidence (95% nationally), the Examiners know you have a "strong" substantive knowledge of the law and are more inclined to pass you on an Evidence Essay question! Conversely, if you only achieve 10 correct on the Multistate in Evidence (20% percentile), the Examiners recognize that you have a "weak" substantive knowledge of the law and thus may grade your essays more critically. WHY DO YOU NEED PMBR? For the last 16 years PMBR has been the nation's leading Multistate supplemental preparatory course. It is important to remember that PMBR is a supplemental Multistate course that is NOT in competition with the general bar review courses (such as Bar/Bri, SMH, Pieper, or Marino) which are primarily designed to prepare students for the state specific sections of the bar exam not the "MBE" Although you will receive Multistate materials free as part of your general bar review course, the PMBR Multistate questions are much more representative of the length, difficulty and complexity of the types of questions commonly tested on the "MBE". It is a well known fact that on a scale of difficulty from 1 to 10, the PMBR questions are truly 9s and 10s. In fact, we strongly recommend that you don't even bother practicing with the Multistate questions from your genera) review course because it will only foster a "false sense of security' on the "MBE". THE "MBE" IS NOW TESTING OBSCURE OR "GAP" AREAS OF THE LAW! On the July, 1992 "MBE" many new topic areas were being tested for the first time! Many of the new questions covered "gap" areas not covered by most of the general bar review courses. For example, there were questions dealing with (1) the doctrine of unilateral conspiracy under the Model Penal Code; (2) the "knockout" rule under the UCC: (3) perfecting security interests in trade fixtures; (4) whether a junior incumbrancer (or 2nd mortgagee) can effectuate the right of redemption. Unless you supplement with PMBR's Multistate materials, you will not even find these areas covered in most general bar review outlines! THE "D.C. OPTION": Besides the added importance of the "MBE" in passing the bar exams in New Jersey, New York and Pennsylvania, if you score 133 or higher on the "MBE" (and pass any of the aforementioned state exams), you can also AUTOMATICALLY WAIVE into Washington and be admitted to the bar there as well. Thus, a strong performance on the "MBE" this summer can conceivably result in admission to the bar in four different jurisdictions: NEW JERSEY, NEW YORK, PENNSYLVANIA and DISTRICT OF COLUMBIA! Jm/ MULTISTATE SPECIALIST 16 YEARS OF MULTISTATE EXPERTISE! Absolutely, Positively A Necessary Multistate Supplement! �The Women's Bar Blue Bird, continuedfrom page 1 Certain members ofthe Labor And bySharon Nosenchuck,.News Editor OnThursday, April 15,1993,Gay1e Eagan, Esq., gave a presentation about the Women's Bar Association. Ms.Eagan, the presidentofthe Western New York Oiapter, discussed her organization's activities. Ms. Eagan told her audience that the basic reason for the existence of the Women'sßaristoprovideavoice forfemale attorneys in the legal profession. Themembersofthe Women's Bar Associationhave a wide diversityo fop in ions on any number of issues, Ms. Eagan said. She saidtliat women are a minority in the Erie County Bar Association, so their voice is diluted. The Women' sBar provides networking c>pportunitiesand "givesalitllemuscle" to women's voices in a profession where people often "play politics." ' '[There is] plenty ofprejudiceout there," Ms. Eagan warned, "gender bias today is more subtle thantenyears ago.'' Ms. Eagan added that legislation often is silent on issues addressed to women or has a negative impact on women. Sheasked, "If we don'tspeak up, who else is going to do it?" Ms. Eagan expressed the wish that, some day, women will bewell represented by theregular Bar Association. At the present time, thereare 600-700 women attorneys in Erie County, Ms. Eagan toldheraudience, althoughihememberslupofherorganizationnumbersonly 180 attorneys. Ms. Eagan cited the cost ofmembership as one of the reasons why more attorneysarenotmembersoflhe Women's Bar. She said that many women attorneys work in areas thatdo notpay as wellas those of male attorneys and that many local and national barassociations compete for these women'sinembership dollars. Ms. Eagan discussed withher au- dience the conuiiittee-driven approach of the Western New York Chapter of the Women's Bar. One ofthe committees she mentioned was the Judiciary Committee. This committee interviews candidates for thejudiciary. hi addition, Ms.Eagannoted that the Committee asks eachcandidate for writing samplesand forreferences. This is the only group that asks judicial candidates for writing samples, noted Ms.Eagan. She continued, saying that this is an important criterion on which to rate a judge, because itis important thatajudgecan writeclearly andbeunderst(x)d. Ms. Eagan mentioned to her audience that the Committee does not just look at the candidates treatment of women. The Women's Bar isbeginning to make an impact, statedMs. Eagan, because judicial candidates are using the Women's Bar Association ratings. Speaking on otherprojects sponsored by theWomen' sBar Association,Ms. Eagan told her audience about the 1993 Convention ofthe Women's Bar Association ofthe StateofNew York, wliichis being held in Buffalo on Friday, Jiuie4,1 993 to Sunday, June6,1993. Presentations being givenduringtheConventionincludea"Forumon Women in Public Service/Women's Action Agenda,''' 'ToxicTorts—Ceases on the Cutting Edge," and amock trial demonstration ofevidentiary problems in family law cases. Ms. Eagan offeredthe opportunity for women law students to attend the convention freeofchargeby volunteering at theConvention. Ms. Eagan's presentation was sponsored by the Association of Women Law Students(AWLS). For more in formationon (lie WesternNew York Qiapter ofthe Women's Bar Assoc iation, contact Keelan Stem, Box 801,885-4085. Employment Law Association (LAELA), in particular 2L Joe Antonecchia and 1L Mark Panepinto, met to discuss wliat to do in (lie case of a strike. Certain possibilities discussed A.M.,6:35A.M.,7:2()A.M.,8:20A.M.,9:20 A.M., 10:20A.M, 12:30P.M.,2:00P.M.,3:35 P.M.,4:35P.M.,5:35P.M.,and6:10P.M.The Metro Bus # 44 leaves the Law School and returns to South Campus at thefollowing tunes: were strike support for the bus driversofthe 6:58A.M.,7:41 A.M.,8:41 A.M.,9:40A.M., ATU, not using the bus service during the 10:39 A.M., 11:39A.M., 1:43P.M., 3:14 P.M., strike, and if the strike continued into next 5:14P.M.,5:46P.M.,6:11 P.M.,6:36P.M.,6:46 semester,refusing to pay thetransportation fee P.M.,and7:26P.M. of the tuition bill until the union drivers had UB has stayed neutraland kept out of returned to work. Alternative transportation the negotiations. In the April 2nd issue ofThe possibilities includecar pooling, taking taxis, Spectrum. Mr. Cliff Wilson, Associate Vice and using theNiagaraFrontier Transit AuthorPresident for Student Affairs, was quoted as ity (NFTA) Metro Bus # 44, which leaves the stating that UB wasnot taking sides. UB pays South Campusbus stationand goes to (lie Flint Blue Bird $1 million a year to run the bus Loop directly outside the Law School at the service between the North and South camfollowing times: 5:42 A.M., 5:55 A.M., 6:20 puses. \\ / \ \ // \\ \\ From all of us here at the Opinion: Have a great summer! More Cheese, pleeze Grading, -anonymous continuedfrom page 1 hadwhenthe unconventional grading system had been first enacted. There were two issues voted upon. In the first, the issue of grandfathering in the currentclasseswasdefeated.The second vote, for waiting to apply the new grade system until theFallof 1993 passed, however. Representatives ofthe SBA were disappointed with the faculty's decision. However, Baptiste was pleased with the SBA's performance. They had presented a unified, strong front, he said, and everyone had been able to work as a team. Hefelt apprehensive , however, thatat a time when UBlaw school s ranking was swiftly dropping, that this was "not the time to further confuse the legal communityregarding the qualityofstudents at ÜB." • Onceagain,asliappenseveryyearat this time, another flock of law students sets their sightsupontliat great and wonderfu1 universe, ready to set things aright and make a positive difference. Like the great mythological winged Buffalo ofyore (pictured at right), theseprogeny ofourmore than 100-yearold institution will deftlysoar amongst theloftiestofaspirations, gracefully outlining the highest ofideals, and the grandest of designs. And yet, justas this mythological beast leaves theairy world oftheory and ideals, and sets foot onthe hard ground ofreality, so too will eventually those who graduate from UB Law. The winged bison will also serve to remind the entire world that while it can be stubbornand unwavering, forcefuland deternuned, it is not a malicious beast, and it will befriend those with their hearts in (lie right Paul Beyer, SBA Vice-Presidentelect, commented, "The faculty's refusal to grandfatherin the new grading system completely ignores the needs of students in an increasingly competitive legal marketplace in orderto simplyput theoverall issue ofgrades to rest. Unfortunately, the issue is far from place. being put to rest for the many students who will Thus is created the allegory of the have to explain this mess to prospective emmythological winged buffalo. ployers." The Editorial Board of the Opinion would like to express their heartfelt thanks to Michael Radjavitch, without whose help this issue.probably would not have come to fruition. Good luck Butter! 10 The Opinion April 22,1993 �1 _ Good LuckOfi exams.- Planned Parenthood of Buffalo & Erie County, Inc. presents J Jhe Politics of Coercion with very special guest Don't Forget tO Relax! Take a Break From Exams! • # OUt anCl JOinTjie • • OpiniOn CreW at OP I • I f ™ The New Religious Right in this country poses threats to all of our fundamental freedoms, especially reproductive rights. Find out how the New Right g cnan gjn g t ne political realities of our country, how all of us are affected and how we can best defend our freedoms. - •••••••••••••••a vOITie Rabbi Balfour Brickner Senior Rabbi Emeritus, Stephen Wise Free Synagogue This event is open to the public and free of charge. Please call the Public Affairs Department at 853-1779 to place reservations. a GSt. Saturday, May Ist All Temple Beth Zion 805 Delaware Avenue Buffalo, NY Thursday, April 29,1993 6:00 pm. reception 6:45 pm. presentation commencement: Sunday, May 16th at 6:00 P.M. AlumniArena r\AV U** I Imvatign inßarEfeview: II Hie Flow Chart Connie J Assent—-I Mutual I FOnTiatiOn | oJisideration \ I I No Formation I April 22,1993 The Opinion 11 �BAR REVIEW NEW YORK SUMMER 1993 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) ALBANY Albany Law School 9AM/6PM ANN ARBOR, Ml Univ. of Michigan Law School 9AM ATLANTA, GA BAR/BRI Office IPM BERKELEY, CA UC Berkeley BOSTON, MA Boston University School of Law BRIDGEPORT, CT Bridgeport Hilton BROOKLYN St. Francis College BUFFALO SUNY at Buffalo School of Law 9AM/2PM/6PM CAMBRIDGE, MA Harvard Law School 10AM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM Univ. of Chicago Law School Northwestern Law School 9AM 9:3OAM DURHAM, NC Duke Univ. School of Law 9AM HARTFORD, CT Univ. of Hartford 9AM HEMPSTEAD Hofstra Univ. School of Law 10AM/2PM/6PM ITHACA Cornell Law School 9:3OAM LOS ANGELES, CA BAR/BRI Office MANHATTAN 1) DOWNTOWN NYU Law School 10AM 2) MIDTOWN A - Town Hall 43rd St.(bet. 6th Aye. & B'way) B - BAR/BRI Office 1500 Broadway (at 43rd) C BAR/BRI Office 1500 Broadway (at 43rd) 9:3OAM (LIVE) I:4SPM 6PM (LIVE/video) 3) UPTOWN Columbia Law School 10AM 4) WALL STREET AREA Whitehall Club CHICAGO, IL 1) HYDE PARK 2) GOLD COAST - Boalt Hall - - I:3OPM 9AM/6PM 1070 Main Street 10AM - 10AM/2PM/6PM 180 Remson St. - 3280 Motor Avenue - - 17 Battery Place I:3OPM 6PM 10AM MIAMI, FL BAR/BRI Office MONMOUTH COUNTY, NJ Holiday Inn MONTREAL, CAN. McGill University 9AM NEWARK, NJ Rutgers Univ. Law School 10AM/6PM NEW HAVEN, CT Colony Inn NEW ORLEANS, LA Tulane Law School 9AM Boston College Law School 9:3OAM PALO ALTO, CA Stanford Law School I:3OPM PHILADELPHIA, PA Sheraton University City POUGHKEEPSIE Vassar College 10AM CUNY Law School St. John's University Law School mnAmm NEWTON, MA. QUEENS COUNTY FLUSHING 2) JAMAICA 1) - - - 700 Hope Road - Tinton Falls 1157 Chapel Street - 36th & Chestnut 2PM 9:3OAM 9AM 10AM 10AM/2PM/6PM 9:3OAM Genesee Plaza ROCHESTER Holiday Inn ROCKLAND COUNTY Nanuet Sheraton SO. ROYALTON, VT Vermont Law School 9AM SPRINGFIELD, MA WNEC School of Law 10AM STATEN ISLAND Wagner College 10AM Touro College of Law Southampton Inn 91 Hill Street 10AM/6PM 9AM SYRACUSE Syracuse Univ. College of Law 9AM/6PM TORONTO, CAN. Univ. of Toronto Law School S:3OPM WASHINGTON, DC Georgetown Univ. Law Center GW Law School 9AM 6PM WHITE PLAINS Pace University 10AM/6PM DHUNTINGTON 2) SOUTHAMPTON - Rose Rd. & Rt. 59 - - START DATE: Thursday, May 20th TAPE COURSE - START DATE: Wednesday, May 26th LIVE COURSE - 10AM/6PM END DATE: Tuesday, July 13th END DATE: Friday, July 16th FOR REGISTRA TION INFORMA TION CONTACT (800)472-8899 or (212) 719-0200 \ J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-04-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 17 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/22/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 17 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cb39ea5104225ca3268be650bd6c749f.pdf 8bdc84bef72326ba2144821faa89bcae PDF Text Text THE OPINION Volume 34, No. 1 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Dean Boyer Welcomes Class of 1996 - Congratulations bothforbeing admitted tothis Law School, and for surviving your first two weeks oflegal education! The start ofa professional career is one oflife's significant changes; not as intense as familymilestones like births, deaths,and marriages, but nevertheless an experience that wdl stand out in your memory for years to come. By now, some ofthe exlularation and anxiety hasprobablywornoff,andyou'restarting to thinkabouthow you fit into this new school and new pro fession. Building a career in the law can be confusing, especially at first, because lawyers' career tracks aren't as neatly defined as those ofprofessionals inmedicine, engineering, and many other fields. Moreover, the nature oflegalpractice israpidly changing, as economic pressures, new technologies,and the continuing flood o fnew law overwhelmtraditionalarrangemenls. How can youmake sense ofall ofthis, and emerge fromLaw School in three years witha career, as wellasa diploma? Thecurriculum is thefirstplace to start building a career. With most ofthe courses required inthefirst year,you don't faceimmediate decisionsaboutcourses to take; but you dohavechoicesaboutwhatyou'llgetoutofthe courses you take.Don't shortchangeyourselfthe curriculum isn'tjusta collectionofinformation and skills to be mastered; it's also a windowinto differentfields oflaw, and differentway s ofunderstanding the various parts of the system. Learn from the intelligent people around you—notjustyourinstructors, butyour classmates, visitors to thelaw school,lawyers in the community. Ifateachersayssomething that intriguesyou, or infuriates you, orconfuses you-talktoher,orhim. Whenyougetintoyour secondand third year, be an informed shopper don' tjusttake a coursebecause " everyone takes it or "it meets ata convenient time," or "it's on the bar exam.'' Find courses that make sense for you,thatcan openyouup to new experience or fields ofinterest. It's also not too soon to begin getting somefirst-hand informationabout thework of lawyers. Next month, our alumni will be holding two events that students can attend at minimum charge. Our Graduates oftheLast Decade—the GOLD Group—will hosta tent party before the Homecoming football game, andthe Alumni Association's annual Convocation —ahalf-day seminarona' 'hot field of law ~ will take place on October 30. Meeting ouralumni isagood wayto see themany roles thatlawyers play, and to meet some interesting Dean BarryB. Boyer people, besides. And, finally.don'tforgettosavealittle is the only way to stay productive in the long time for yourself. The surest way to burn out run, and to really enjoy thework. Ihope you doreally enjoy the work,both easily is to do legal work around the clock, ignore family and friends, and treat every in law school andafterward. The faculty and personal relationship like alaw case. It sounds staffoftheLaw School will doeverything we silly, but most of us in the profession have can to help you find the manyrewards thatthe fallen prey to these faults at one time or legalprofession has to offer. another, and every year we see some law students falling into the same trap. A reasonBarry B. Boyer Dean and ProfessorofLaw able balancebetween hardworkand relaxation — SBA President's Message to FirstYears bySaultan Baptiste SBA President On behalf ofthe S.B.A. ExecutiveBoard, I wishto welcome the more than 270 new firstyear students and welcome back our second and thirdyear students. As you may know, the Student Bar association is the governmental branch ofthelaw school community. Our goals are to: 1)Help y oumake it through law school successfully, and 2) To make your stay as enjoyable and aspossible. With a strong, aggressive and unified team, SBA. plans to have a very successful year. Ifyou have any problems (and wemean P'ching any problems), feel free to speak to one ofthe S.B.A. Executive Officers. Weare located in 101 O'BrianHall. We will try ourbest to help you or guide you where you can best receive help. date: Whether one isaIL, 2L or3L,manystudentsask,"What is aClass Director and whatdo they do?" Each law school class elects sixClass Directors who represent the interestsand concerns oftheirfellow classmatesonthe S.B.A. Board. They determine student policies, bow: PabioMarches P evaluate law school club budgets, and advocate for students before thelaw school faculty and administration. Class Directors also network with other U.B. academic divisions to provide forastrongerU.B.studentcommunity. In short,the role o faClass Director is service to the law school. I encourage all students, especially 2L's and 3L's who have gained experience during their years atU.B., to share itin aleadership capacity on the S B. A. Deadline for petitions is Sept. 13,1993at4p.m. There are positions available on the variousS.B.A. committees. S.BA. and faculty committees playand important role inservicing thelaw school communityand informing the Student Bar ofactivities at the law school administrative level. Due to the importanceof these committees, applications for positions will be distributedon September 14,1993and will befollowed byaformal interviewprocess. I encourage you to consider joininganS.B.A. committee. To encourage a stronger sense ofcommunity atU.B.Law, the S.BA., in co-sponsorship with the U.B. Law Alumni Association, and several Buffalo law firms, proudly announce the unveiling of U.B.s first 1L Faceßook. Thebook will contain the photographs ofthe law school faculty, administration, support staff, and the entire first year class. S.B.A. wants to make this an annual publication so that future incoming classes will have the opportunity to know the other members oftiieir class. lam sure that the Alumni Association shares ourappreciation for theeffortsofMs. Illene Fleischman, DirectorofAlumni Affairs,forherdedicatedwork on this project. Another first at U.B. Law is the creation ofa CourseEvaluation Guide forlaw students. Initiated at the end oflast year, the S.B.A. has SBA Message, continued on page 6 SeptemberB,l993 Editor's Tape Held Protected from Discovery byPaulßoalsvig, Co-Editorin Chief Last spring, while most law students were busy studying fortheir final exams or putting thefinishing touches on theirpapers or projects, one particular law student received aratherrude surprise:a subpoena to producea taped interview in court. Dan Harris, currentlythe Opinion's Photo Editor, had last spring taped several interviews with various faculty members whilepreparing material for upcoming articles. Former UB Law Professor Jeffrey Blum caught wind that such a taped interview existed withone oftheassociate deans here atthelaw school, and prompdysubpoenaed the tape as part of discovery in his ongoing lawsuit: Blum v. Schlegel etal. Inarecentruling byMagistrate Judge Carol E. Heckmanofßuffalo,Harris was not compelled toturnover the tape. Even though Harris is a studentand therefore does not qualifyasaprofessionaljournalist,Heckman ruled thathe isentitled to the same qualified immunityofaprofessionaljournalistunder thelaw withinthemeaningofthe U.S.Court ofAppeals for the Second Circuit. Even though Harris is a student journalist,... he is entitled to the same qualified immunity of a professional journalist... —Judge Heckman Analyzingapplicable SecondCircuit precedential court decisions, shefound the disunctionbetweenstudentreporter andprofessional journalist''irrelevant.'' Citing a 1987ruling invon Bulo w by Auersperg v. yon Bulow, Heckman stated that the central issue wasreally whether ornot the information gatheredwas forpublic dissemination. She concluded thatthe Opinion isindeed a ' 'publication which affordsa vehicleofinformation and opinion and therefore satisfies this test ofthe Second Circuit. Furthermore, statedHeckman, Blum was not able to counter the qualified privilege due to his inability to show that the materialon the tape was not available from any other source; in essence because the tape's subject was free to be deposed in person. Blum's current lawsuit alleges that hewas denied tenure unfairly, basedon his controversial views on such things as drug policies. He claimed tiiat the tape in question wouldhelp him prove thatthelawschool denied himtenure inviolation ofthenormal dueprocess afforded otherfaculty members. HIGHLIGHTS fe NationalLawyers Guild, along with othergroups, heldinformational tables last Week. photo. Dan Hams Group Spotlight Alumni Spotlight Editorials and Commentaries Roaming Photographer. GSEU Intervention 3 3 4-5 6 6 �PIEPER BAR REVIEW I SAVE $2001 WHEN YOU REGISTER BEFORE NOVEMBER 15,1993 REGULAR COURSE PRICE=S 1395.00 EARLY REGISTRATION=SH9S.OO / With PIEPER, you pay one price and all is included. No hidden charges!!! No extra fees!!! v COURSE MATERIALS: • New York Law Text • Multistate Text • New York Law Quizbook • Multistate Quizbook • New York Appellate Alert Digest • New York-Multistate Distinctions Book I Multistate Workshop Essay Writing Workshop MPRE Seminar (Free for All) CALL NOW!!!! 1-800-635-6569 ■ J �Alumni Spotlight: Lawrence Lane '88 SBA bySharon Nosenchuck,..NewsEditor KDoyoudreamofbeingasolopractitio- Lawrence Lane is a solo practitioner in byJoeKhanna, Contributing Writer TheSßAhasatremendouseffectonall ofthe student organizations here at the Law Schooland is therefore inthis issue's spotlight The Student Bar Association (SBA), the Law School'sstudentgovemment, isresponsible for allocating the student activity fee to organizations for events and publications, serving as aunitedvoice for studentconcems, and appointing studentrepresentatives to administrative committees. The SBA is headed by an executive committee, which includesthepresident, vice president, treasurer,and secretary. These positions carry a one year term. Officers are elected at the endofthe school yearin a often heated campaign. Atlastyear'selection,threeofthe four positions went to first year students. Paul Beyer.a 1Llastyearwho had beenactive inthe SBA all year as a class director, was elected vicepresident MarkPanepinto, also a 1Lclass directorlastyear.tookthetreasurerspot Shirley Fangmadeherdebutinthe SBA by joiningthe executive committee as secretary. The only 2L to take a spot on the executive committee was Saultan Baptiste, who ran a strong campaignandwonthe presidency. The remainder ofthe SBA governing body ismade upofclass directors(lBofthem, 6 from each class). Class directorsattend SBA weekly meetings and havea full vote onissues openon the floor. In addition, theykeep office hours inthe SBA office(theofficehourrequirementisreasonable). All ofthe class director positions are stillopen for this year. Elections will be held onSept.22and23. Interested students should ofthe SBA pick up a petition office and obtain 30 nominating signatures from law students in youryear. Thecampaign forthese positionsusually involvessubmitting a photograph and statementto theOpinion (this is due Sept. 17 in box 512), as well as distributing flyers and hanging posters (there are somerestrictionsonwhereyoucanhang stuff). People have wonclass director spots without doingallofthese things(peoplehave done all ofthose things and still lost, too). The SBAalso appointsrepresentatives that sit on a large number of committees. These committees usually include faculty members andusually involve issues that concern every aspect of life here at UB Law, includingacademic policy, admissions decisions,concerns ofstudentswithspecialneeds, and ofcourse budget decisions (a fulllist of committees will beposted by the SBA soon). Itisnotnecessary to beon the executive board or to be a class director to sit on one ofthe committees. (Last year, I sat on die Admissions Committeewithout being elected class sdfsdfsdfs director.) In orderto seekappo in tment, youhave to fill out an interest form, on which youindicate those committees thatyou wouldlike to serve on. Thenyouwillbecalledforaninterviewby a panel consisting ofclass directors and the executive board. There are no established criteria for selection (or at least none that I could discern from my interview last year). The questions usually relate to the specific committee, buttheydon'thave to. The panel then makes arecommendation to the SBA at large. (Rumor hasitthat classdirectorsusually get picked over other students, especially for popular committees. Well, first there are just not enough class directors to fill these spots. Additionally, class directors will notalways make the best committee members, you will have an advantage ifyou show aparticularly strong interest in a committee). The committee interest forms will be made available on Sept. 14. Attach your resume tothis form(my advice is to alsoattach a briefletter ofinterest). Even ifyouare not interested in serving as an elected member of the SBA or as an appointed SBArepresentative, thereare good reasonstobeinformedofSßAhappenings.The level of student involvement in the SBA is sporadic and therefore the quality of SBA decisionsand policies are also often sporadic and inconsistent Decisionsaboutyourmoney and in a larger sense about the school from whichyou earn yourlaw degreearebeing made by your fellow students. Thefaculty at theLaw Schoolareattentiveto studentconcems. It is importantthat we express thoseconcernsinasensibleandcoherentfashion. It is clearfrom thepast that once the SBA decides whatposition it wishes to advocate, thatit does so forcefully and effectively Thisrequires at the veryleast that you demandyour SBA elected officialsand class directors to be accountable and attentive to your concerns. The current groupofSBA officers are dedicated, but this does not mean that they know whatyou are thinking orwhatyou want as students (neither does it mean that they agree withthese things). Ifyou don'trun for office, at least vote for your officers. Keep a track ofthem andspeakand writeto themabout your concerns. Also tryto attend SBA meetingswhich are always open to the entire studentbody (or at leastshould be). Students arerecognized by die meeting Chairand can expressconcerns to the SBA. At the veryleast, you can imagine whatgoesonwhenyouassembleagroupoflaw students in an open political forum. It can certainly be entertaining. GROUPSPOTLIGHT will bea series reviewing different student groups each issue. . ktowagawho graduated fromU.B.Law School in 1988. Laneseeshimselfaspracticing'' fanuly-oriented law.'' He definesthat as the law with which a typical extended family is involved, such as divorce, bankruptcy.and custody. Lane did notimmediately embarkupon acareerasasolopractitionerafter graduating from law school. He did stints at several medium-sized law firms andthen spenttwoand-a-half years at Hyatt Legal Services. Yes, that's right—the one that has the commercials on T.V. Lane said that Hyatt wasa wonderful place to work and that it was at Hyatt that he learned how to be a lawyer. There helearned how to deal withclientsand learned the mechanics of lawyering. However,twenty montlisago, Lanedecidedto take the plunge and go out on hisown. Lane liasmuch advice to offerto "green apples" (young lawyers). He stresses on interpersonal skills, asking—"ifyou can'tget alongwithpeople in law school, how canyou expect to get along with lawyers, whoare so much nastier?" However, Lane feels that ninety percent oflawyers arereally wonderful people. Lane disagrees with the stereotype, expressing his opinionthat mostlawyers are '' generous, warm, and will giveyouencouragement. '' Even judgesare' 'very encouraging and tryto help outthe greenapples(young lawyers)," Lane said. Ifyouare looking tomakealotofmoney right after graduation,beinga solo practitioner is not for you. Lane suggests that during firstfive years, a solo practitioner can only ectto break even. Lane believes inbeing an ethicallawyer. He feels that it is unethical to tell somebody thatthey need alawyer when they really do not. He said that' 'you have to live withyourself as alawyer-there are a lot of ways totrickpeopleand foolthem, butpeople know when youare doingthis." People are "going to like a guywhois honest," I Lane declared. "Don't pass up volunteer assignments," Lane recommends to students. Hesaid that "youcannever loseon avolunteercase—youcan learn alotand can beinvolved withinteresting cases." It is "one of the best things'' he everdid, Lane enthused. Lane isenUiraued withhiswork. He enjoys talking to clients. He loves hearing their stories, saying thatthe olderthe client, the morefun they are to talk to." Proud to beamemberoftheErie nty Bar,Lane said thatNew York hasareputation forsmartlawyers and that this county turns out great lawyers. "Other law schools don't have the diversity ofU. 8.," Lane said, adding: U.B. hasa' 'diversity ofpeople-amix ofages and backgrounds." He encourages students to learnfrom each otherantfto listen tothosewithdifleringviewpoints. Heemphasized that students should not only hearwhat others are saying, butlisten carefully as well. Lane's advice to 1 L's is to ' 'get along well withyourclassmates. These people will beyouropponentsafterlawschool." Inaddition, the' 'personyoudisagree with the most, you can learn a lotfrom." He saidthatthe first year oflaw schoolis thehardestbecause' 'you are takingyour chaotic thinking andlearning how to think like a lawyer." He reminds students that the "professors are nottry ing to be cruel, they are trying to teach you something.' ' He consoles thefriends and family of law students by noting that the''ability to be aniceperson islost in law school, but you [law students] learnitagain when yougetoutoflaw school." Lane offers several pieces ofadvice to law students. He suggests that studentslearn to speak out in class and learn how to speak effectively. He recommends that students participate in moot court and trial technique and notwony aboutthepossibility oflosing,for the important thing is to practice at every single opportunity. Heencourages studentsto learn their opponents' arguments as well because they can be used it to argue against the opponent Lane stresses the importance ofethics. He advises being ethical and honest, "for a reputation forhonesty will take youtwiceas far as lying." "Ifyou are ethical, everybody knows,'' Lane feels. Finally, Lane emphasizes the importanceofinterpersonal skills. Headvises being friendly and treating peoplenicely. However, he warns "don't be walked on~don't be a welcome mat" Lane's final advice to incipientlawyers that' 'you have to believe in what you are is doing. Ifnot,getout Don'tdo itjustfor the money. Ifyou love it,themoney will follow." Heconcludedby saying, "thisis whatl doand I love whatl'm doing." ' t LawrenceLane, UBLaw Alumnus Classof'BB UB Committee Revises Funding System Student groupsthat want funding from the Law School's Budgetand Program ReviewCommittee should make theirbudget requests at diebeginning ofeach semester, according toa memorandum from thedean's office. Since mostoftheavailable funds will beal lotted during diesetimes, student organizations should have theirbudgets planned out and justifiedwhen theseallocationsare made, die memo stated. The committee said it expects that most of dieallocations will be made at the start of the fall semester and that these grants will cover the fullacademic year. An organization's budget justifica- tion should includea summary ofhowfunds grantedwere used in pastyears, ifdie group previouslyreceived funds fromthe committee. Newlyelectedofficersshouldmakesure they getthenecessary information from their predecessors in order to submita complete application at the start ofthe fall semester. Thecommittee asks thatas each group selects its new officers, itshouldappointone or two people to be responsible for budget matters and should notify Assistant Dean Marlene Cook as to whothese contactpeople willbe. Thesepeoplewillberesponsiblefor completing thenecessary paperwoik involved in thedisbursementofLaw Schoolfunds. September 8,1993 The Opinion 3 �repiMONJiß* September 8,1993 Volume 34, No. 1 Editors-in-Chief: Managing Editor: Business Manager: NewsEditor: Paul H. Roalsvig & Tracy Dale Sammarco Kevin P. Collins Vacant SharonNosenchuck MariaT. Buchanan Features Editor: Layout Editor: Vacant Photography Editor: DanHarris Art Director: KathyKorbuly Contributors: Evan Baranoff,Saultan H. Baptiste, JoeKhanna EDITORIAL Attrition From Humanity? Eere is it written that law id politics go hand in hand? we ought to take a step back and consider the criticisms levied at the legal profession. Thelaw student is in the best position to look at the legal education with a critical eye and to discernthenexus at which she shedsthe student' s skin and becomes the' 'babylitigator, the politician. thelaw studentarrives iw school, she is often untainted bytheprocess. Making "friends" in the human, social context is much like it has always been as the individual was growing up. One meets people, goes to parties, andtries to link up with other individuals who share common interests, legal and nonlegal in nature. Something happens, though, which draws one out ofthe social context and into the more sterile world ofthe profession. hasn't noticed the rather sudden change which all too frethe law studentand forces upon herthe metamorphosis ofthe grabs ently newly emerging professional and politician? It's the formation ofthe political creature, the being who cannot exist but for the system. How many of ones friends have faded away? The threat of attrition is not away from legal study; it's away from humanity. Therather scathingmanner in whicl\studentelections takeplace and the hierarchical structure of student governingbodies are evidence of this emerging sense of political and professional power. A demeanor which bespeaks superiority is, not ironically, an accusation often flung in the general direction of thelaw student. It's insidious, thisprocess of losing the self to something bigger and much less real. Here's onefor the resume, there's one to get in good with Justice this and Attorney that. How many law students are wearing multiple hats for multiple groups for anything but the right reasons? Advised to eat, breath and sleep the law, one finds the reality ofthe self, which may have taken 23 or 58 years to form, slowlyslip away. Values and priorities take back seat and the bottom line looms in the distance. It makes a person question her choices. real goal shouldbe to emerge whole from this process, not to reate yourself. Theproductof all that campaigning mightbe a less human individual. Whoare you when yourthree-piecesuitis offatthecleanersand your briefcase has been crushed underneath the train? KWhen Opinion Mailbox UB Law on the right track 1-1. 1 I. If HI I * Jf The lawschool for its hiring faculty should be congratulated ofarecent graduate, Entity Sanderson, to investigateresearch and la_ Copyright 1993. The Opinion. SBA. Any reproduction ofmaterialsherein is strictly prohibited withouttheexpressconsentoftheEditors. TheOpinion ispublishedevery two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those oftheEditors or StafFofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo.NY. Editorialpolicy ofTheOpinion is determinedby the Editors. The Opinion isfunded by theSBAfrom StudentLaw Fees. The Opinion welcomes lettersto theeditorbut reserves theright to editfor length and libelouscontent. Letterslonger thanthree typed doublespaced pages willbe editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to TheOpinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.BufTalo.NewYork 14260 (716)645-2147 orplaced in lawschoolmailboxes 761 0r512. Deadlines forthe semesterare theFriday beforepublication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion SeptemberB,l993 «_ V_L* writing programs at otherlaw schools and makerecommendations to improveourown program. This effort shouldbe anintegral part ofthe transformation process through whichthe law school is passing and may be an important element in improving UB Law's futureranking. Current third year studentsremember a time when the first yearresearch and writing curriculum wasinadequate and inneed o fan overhaul. Inresponse to this problem, the program has improved gradually overthe past twoyears. However, moreneeds to be doneas one ofthe most common complaints among lL'slastyear was theirdismay overthelack ofemphasis-on research andwriting skills. Emdy'shiring presents an idealarena in whichto make suggestions and take concrete steps towardreform. I hope matthestudent bodywill supportand participate in tiieir laudable effort. Sincerely, Paul A. Beyer SBA Vice President Better Late Than Never, Right? O .. Eds RWho tThe 1_ TheOpinion FALL 1993 PUBLICATION SCHEDULE VOLUME N0.34 ISSUE: SUBMISSION DEADLINE: ISSUE OUT: NO. I SEPT 3 SEPT, 8 NO. 2 SEPT 17 SEPT 21 NO. 3 OCT I NO. 4 OCT 15 OCT 19 NO. 5 OCT. 29 NOV. 2 NO. 6 NOV. 12 NOV. 16 NO. 7 DEC. 3 DEC. 7 OCT 5 Note: Based oh Friday-deadline.Tuesday publication schedule. Deadlines are firm and late submissions are subject to the publishing discretion ofthe editorial board ofthe Opinion. �"YouWouldn't Understand" Introspection Features Editor By MariaT. Buchanan byDanHarris.iPhotoEditor Thispastsummer,thousandsofAmericans flocked to their local movie theater to watch THE FIRM,based on John Grisham's bestsellernovel. For thoseofyou whohave not read the bookor seenthe film, THE FIRM tells the story ofone innocent maleHarvard graduate Mitchell Y. McDeere, whoprobably had lawreviewand mootcourtexperience, as well as a barrel ofH's. Mitch has everything an interviewer desires strong academics, ambition andan excellent physique. Asamatteroffact,Mitch is soperfect forthejobopportunityatBendini, Lambert & Locke of Memphis, thathe is the only candidate the firm bothers to interview. Ofcourse Mitch has afew other offers in the hopper, (as doallthethirdyearsatU.B.),buthe makes the difficult decision of accepting Bendini's $80,000 starting offer. In addition, the firm helps him buy a house, settles his student loans and throws in a BMW. Try getting the same package at your next job - — interview. But justwhen it appearsthatMitch' slife is goingto beperfect, therug is yanked out from under his feet. Thepoorboydiscoversthathis firmisn'texacdyup for any ethics award and so, the plot thickens. THE FIRM, isexacdy thekind ofpublicity thatlawyers don'tneed. Asweallknow, the general public has never held lawyers in high esteem. Many people agree withthe line fromShakespeare'sHenry VI,Part 2, "...let's kill all thelawyers." I'm sureTHE FIRM gave many people the impressionthatlawyers are so sleazy, thatthey would do anything, even kill for agood buck. Although sucha generalizationwould seem tobe unfair, itmaynotbe too far from the truth. As law students, we are told that we must begin to develop a sense ofprofessional responsibUiry. Yet,wemustconsiderwhether our future colleagues, those now in practice, canofferustheproperguidance. Tothelawyer andnon-lawyeralike, it should seemappalling that Chief Judge Judith Kaye was forced to declarethat as ofNovember 1, itis officially against the rules for divorce lawyers (those poor "ArnieBecker's") inNew York stateto have sex with their clients or to screw their clientsfinanciallyby foreclosing on theirhouses torecover legal fees. Offered as an illustration for the necessity of the rule, is the example of one pig (chauvinist, orother) whorefused toreturn any portionofasl 5,000retainer uponthereconciliation ofthe couple, despitethe fact thathe had worked less dianfive hours onthe file. According toChief Judge Kaye, a new committee will study similarreforms for the restofthebar. Asfuture lawyers, we shouldnot protest the development ofsuch newrules of conduct. Rather, we should help see to itthat thetrash isremoved from ourprofession, so that personally we can be proud to say that weare lawyers. GUIDE TO LAW SCHOOL CIRSSMATES ve%/elLiX'Ef\Q>eK VOLUNTEER "" ASENPft-PUSHER THE COMPULSIVE "" THE UN/PERUr4Eg, „ ■ THE MME-DROPpEg. Hostile FEMAtE THE HosTU-EMfILE TH£ KNOW- (T- ALL , fjf . SWEETHEARTS 0 6lTTEf\ eNRfIIU&E gxPERiEtiCB SHARBR j Opinion Recruitment Party Free beer and pizza! Wed.,Sept.ls . place & timerTßA the official Non-stopsoliciting! d the r I REPRESENTATIVE^ THE IMSEPERABLE BROWN [THE OUTLINE THIEF ! THfc &a* review AiOSEg ~„.«, CrigQrJlC COMPIfIiNEg THE PERPETUAL STUPED THE XEROX MACHINE HQGr HEM I the articles, photos, art and layout skills.) Come an meet glamorous staffof student publication ofUB Law School. L————————————————————— r ——————————————————— — "YouWouldn'tUnderstand" Last summer I saw a black person wearing a T-shirt. The T-shirt's slogan read, "Martin, Malcolm, Mandela, and Me. It's a Black Thing. You Wouldn't Understand." I strongly object to the wholeattitudeof"YouWouldn'tUnderstand." Unfortunately, thatattitude is common among allwhofeel victimized or deprived. It'snot "ablack thing." I've heard that attitude fromformerRussian Refuseniks, Palestinians, Israelis, black people, rape victims, the children ofimmigrants, deprived children,and almost anyone else whocan find a way to individualize himself. All ofthe above people have some things in common: they want you to feel sympathy forthem. Theywantyoutoside withthem. However, theyrefuse to explain why. They refuse to tell you the basis of theirpain. When I spent ayear in Europe, Imet manyIsraelis. Most hated Arabs—all Arabs. That includesthe Egyptians. They wantedme to share theirattitude. Ibegged them to educate me. Their response was always," You wouldn'tunderstand." One dayI exploded atone ofthem. I toldhim that there was no way Icould ever understand when no one would explain. Sothenhetold me about the fear hefelt. He told me how frightening it was working in Palestinian camps in Israel, knowing thatthe Palestinianswouldkillhim ifthey hadthechance. He toldme how muchhe feared theEgyptians. He said thatalthough Egypt claims to be Israel's ally, the Egyptians hate the Jews. Hence, he evenfeared the so-called allies. Once he explained it to me, I began to understand thereason for hisattitude. During that school year, I became president ofthe Jewish Society atthe university Atthe timethere wasa great deal of friction between the Jewish and Arab students. Gambling myposition, I invited the president ofthe Palestinian Society, and his sister, to be guest speakers. There was a lotof dissent among my members about the invitation. Despite the dissent, whentheevent finally happened, Jewsand interested gentilescame to hear. Aftera4s minute presentation by my guests, they became less formal For hours there was a mutual discussion. Jews, Palestinians, and Gentiles came out ofthe meeting having learned more about both sides than they ever imagined possible. Hopefully, they came out understanding a little bit more than they bad before the meeting. My friend told me about a film he saw in class that bothered him alot. The film played a real tape of a 911 call. My friend could hear the woman calling for help, and her attacker breaking downher door. Finally the phone line went dead, as the woman's attacker caught her. My friend's imagination didthe rest. My friend found the film very disturbing. He was upset that the teacher could show such a' 'terrible film.'' When I heardthe story, I thoughtthe teacherwas worthy ofpraise. For a few minutes the class got the beginning ofan idea ofthe terror arape victim feels. Notthatanyone whohasn'tbeen avictim can truly * 'understand." However, that littlebit ofunderstanding hegained from watching the film enabled him to gain sympathy for such victims. When I was in elementary school I sawawonderful film about an elementary class. In the film, the teacher told the students thatshe onlyliked blue-eyedchildren. Shedeclaredthatblue-eyedchildren werespeciaLandbrowneyedchildrenwere inferior. Throughout the day shefavored Understand, Continued on page 7 I J September 8,1993 The Opinion 5 �The Roaming Photographer By Dan Harris, Photo Editor ThisWeek's Question: "What are your feelings about law school so far ?" Ben Dwyer, IL Bridget Cawley, IL Rob Smith, IL Harvey Siegel, IL "I'm fascinated by thesubstance. Iwish 1 had more time - likea2B hour day oran eight dayweek." "So far ithasn't been so bad. It's basically conflicting emotions of fear, excitement, happiness, exhaustion, disbelief and especially frustration." "I wasnervous before I startedbecause I didn'tknow what to expect, but, once I got used to it and got into a pattern, it wasn't that "It's great! I love it! But when do the cases stop spinning through your head like a hamster on a wheel?" bad" GSEU Saves Law Students' Jobs and Pay byKevin P. Collins, ManagingEditor During this pastsummer, the Graduate Student Employees Union intervention prevented thelossoflaw student employees funding and pay at thelaw school. According tothe Graduate StudentEmployees Union(GSEU),thelawschool triedto convert stipend Graduate Assistant (GA) lines that currendy average $6,600ayear tohourly positions thatwouldpay $6 an hour. However, the job descriptions for these GA positions would staythe same (i.e. qualificationsfor the positions and theamount ofworkwouldremain the same). Thiswould have effectively cut the affected graduate students' pay in half. The GSEU saw thisas an improper employment practice. Through the GSEU's efforts, the funding for thelaw school GA positions was restored, and thelaw studentemployees' positions and pay remained the same. All ofthe positions at thelaw school have beenrestored to regular GA lines, at theusual ($6,600) rate ofpay. WHAT HAPPENED, AND THE UNION IS ACTIVE EVEN BEFORE IT GETSA CONTRACT According to Dean Barry Boyer, this situationbeganinDecemberoflastyear. The law school, upon looking over its financial numbers, realized that it had a deficitclose to six figures. It decided to take action to trimthis deficit down. Very early in the Spring '93 semester, lastsemester, two goals were setby the law schooladminis(ration: to pin downbad situationsand to contain costs. Dean Boyer explained thatGAs provide administrative services that do not include teaching. I leseesthisaspossibly an excessive way to provideaservice thatisdouble ortriple the costofresearch assistantships. Thus, the negotiationswiththeunionareunderway. The law school went ahead and reduced the GA Dean statedthat presently, underthe directive positions from assistantships to hourly sala- ofÜB's negotiator,Mr. Mike Landi, thatthe lawschool will maintain the status quo untila ried employees. When theGSEUheardofthis, they ktit collective bargaining agreement is reached beknown toDean Boyer thatthey considered between theGSEUand SUNY. However, DeanBoy ernoted that dielaw this to bean improper practice under the New YorkStateFair Employment Law(the' 'Tayschoolis still twenty tothirty thousand dollars lorLaw," which coverspublic employment in short. The law school GAs, the dean added, New York State). The GSEUPresident, Ms. receive atuition waiverand a $6,000 stipend Anna Geronimo, thenmet with Dean Boyer. for the academic year, all of which vests up According toMs. Geronimo,theDeanwas very front and is roughly equivalent to a $ 11,000 concerned to dotheright thing, butfelthe was payment for the school year. The dean is constrained by budgetary requirements. Ms. concerned ifthis is the most effective use of Geronimo believed thelaw school went ahead money. He wondered if the effect of this and decided unilaterally to switchthe GAs to situationmay wellleadto fewerbutbetterpaid hourly salaried employees and cut their pay. assistantships. Dean Boyer believes hourly Thelawschoolhowever.Ms.Geronimoofthe salaried employeesallows formore flexibility GSEUpointsout,had notaskedtheProvostof and is necessary to attract the better students the Universityat Buffalo, State University of to attend ÜB. New York (SUNY) formore funding. Inaddition, Ms. Geronimo stated that there was a THEGSEUPICKETSUBTODAY problem withthe Taylor Law- thelaw school had committedanimproper practiceunder the The GSEU is the Graduate Student Taylor Law in so far as it had immediately Employees Union, Communication Workers attempted to cut employee costs after the ofAmerica,Local 1188,AFL-CIO and repreunionhad won itselection in December 1992 sents more than 4,000 GAs and TAs in the to represent the more than 4,000 graduate SUNY system across New York State. The employees oftheSUNY system and the law GSEU won a certification election last Deschool had unilaterally changed the terms of cember, after 11 yearsoflitigationwithSUNY just to win the right to have an election in the employment during presently ongoing contract negotiations inAlbany. Faced with the first place. The GSEU believes SUNY is possibility ofthis legalcharge, the law school stalling on currentiy undergoing contractnegorequested the additional funding from the tiations and may even beattempting to tie up Provost's office and received it in time to the talks for longer than a year, afterwhich a restore the positions andpay. decertification election could bebroughtand A communication lapse also factored theGSEU could loseitsrepresentation status. into the problem. According to Dean Boyer, To that end, and to discuss the specific issues there should have been a general directive sent ofliealthcare andpay, theGSEUis conducting out from the SUNY Administration to all the an informational picket today, Wednesday, schools to the cffee t that there should notbe a Sept. 7, from noon until 1 p.m. between the change in the employ ment relationship while Student Union building and the Commons. SBA Message, Continuedfrompage 1 commiued many hours to developing a help ful tool to assist law studentswiththe selection of elective courses. The Guide, which will encompass first year courses, also provides an indicator for 1 L'spriorto theirfirst dayofclass and may help in relic v ing tensions associated with entering thelaw schoolenvironment. In response to complaints by law students who could notobtain acarrel in thelaw library due to undergraduateusageand noise, the S.B.A. has negotiated with the library to have locks placed on the carrels so that law students will have priori ty usageof thecarre Is. 6 The Opinion April 22,19 Theprocedure ofkey distributionis still in the works, but we expectthe locks to be installed before final exams. The S.B A. congratulatesourAdministrative Assistant, RikaSabinsky, on the birth ofa healthy baby girl, Ashley, on Monday, Aug. 30. We wish bothher and the baby the best ofhealth and welook forward to seeing Rikasoon. S.B.A. wishes to thank B.L.S.A. and everyone who helped out with the Back to School Picnic on Aug. 28. It was a success thanks to yourefforts. Got a creative urge? Satisfy it. Come write forthe Opinion Desmond Moot Court to be held * byMiachael Yehl, MootCourtPublicity Director The SUNYatßuffalo SchoolofLaw Moot CourtBoard isin theprocess ofmak- ingfinal preparations foritsannual Charles S. Desmond MemorialMoot Court Competition. The ExecutiveBoard, consisting of Joel Sunshine,Director; Michael Hueston, Assistant Director; Marianne Mariano, Secretary; Kevin Ross, Treasurer; Helen Pundurs, NationalCompetitionsDirector; Brian Mercer, Systems Director; and Michael Yehl, Publicity Directorhave prepared the schedule for this annual event open to all secondandthird year students. The competition willrequire all interestedsecondand thirdyear students, in teams oftwo, to writeanappellate briefon an assigned topic and participatre in three oral argumentround. Interestedcompetitorsmust submittheirbriefsbyFriday, Oct 10. Preliminary oral argumentrounds will then be held on Tuesday,October 19 through Thursday, Oct. 22 and the semi-finaland final rounds on Saturday, Oct. 23. The Board willthen inviteanumberofcompetitors to join theBoard based ontheirperformance in competition. While firstyear students are noteligible to compete in theDesmond Competition, they are invited and encouraged to be clerks forthe oral argumnent rounds. This is an excellent opportunity for students interested incompeting as secondyears to learn aboutthe competition firsthand. Informationabout howto signup to clerk will be provided at a later time. The Moot Court Board plans to be extremelyactive insending its members to national competitions, including its own Albert R. Mugel National Tax Competition, which willbe held inthe spring semester at the law school. Membership on the Moot Court Board is a requirement for participation in a national competition. Therefore, ifyou would like to have the opportunity to test your oral and written advocay skillsbeforeyour peersand possibly law students from around the nation, then membership on the Board is for you. Ifyou have any questionsregarding the competition or membership on the Board, contact any member ofthe Moot Court Board or stop by theoffice located in Rooml2ofO'Brianllall. �The Docket ANNOUNCEMENTS Yalem Memorial Run Understand, Continuedfrompage 5 Have aVoice in Student Governement Concerned members ofthe University community areagain sponsoring the5K " Linda Become an S.B.A. Class director YalemMemorial Run." The event is sched- uled for Sunday, Oct. 3 at 10a.m. Student Association isa major sponsor ofthis year's event. We would like to encourage you,your friends, andyour colleagues, to participate in thisevent Race,run,jog,orwalkwithusaswe remember a former student, promote safety awareness, and support rape prevention programsand theUB Yalem scholarship fund. Prizes this year will include awards for top student finishers and araffle for Bills vs. Giantstickets (gamethat evening) and aroundtripticket for two to NYC for the Marathon. For more information oradditional applications, pleasecall 645-3141. Petitions Now Available Outside ofthe S.B.A. Office Room 101 O'Brian Hall ImportantDates: September 14,1993 Mandatory Meeting for all Candidates Candidates Forum September 21 Room 109,3:15 pm Class Director Elections Immigration Law Any law student who is interested in working onimmigration lawproblems involvingfarmmigrantwoikers withthe UnitedFarm Workers (UFW) contactKevin Collins, (716) 838-0654, Law School Mailbox # 630. Mr. ArturoRodriguez,whois now the presidentof dieUFWafleritsfounder and former president CaesarChavezr'ecenlly passedaway, has spoken with me and is interested in setting up a programwherebyUBlaw students wouldwork/ intern in the summers withthe UFW in California" of elsewhere throughoutthecountry and take part in the UFW' sprogram whichtrains future lawyers in immigration and migrant farm workers' issues. This is still in the early planning stage and a program may be set up directlybetween usas students orthrough the law schooladministration. September 13,1993 Petitions Due - September 22 23 9:00-4:00 pm outside law library American Bar Association Faculty Student Relations Board Committee on Child Care Social Committee Research & Writing Committee Become A Member ofan S.B.A/Faculty Committee Committees include, but are not limited to: Academic Policy and Programs Committee Academic Standards and Standing Committee Admissions Committee Special Programs Committee Law Library Committee Student Health Advisory Committee blue-eyed children and discriminated against brown-eyed children, making them second-class citizens. The next day she reversed it. This taught the class ofwhite children what it waslike to face discrimination. The teacherdecided thatthe children were capableofunderstanding. I agree thatno onecan completely understand what it's like to be in another person'ssituation. Similarly, peoplewho feel they've undergone similar types of trauma ornegative experiences haveunique perspectives from each other. We must all share our experiences with each other, regardless ofwhetherthe person is inour group,orfromagroup so differenttiiat s/he may as well be from another planet It's easy to dismiss someone withthe word's "Youwouldn'tundeMtand." It also accomplishes nothing. It's not so easy to teach someone, to make her/him understand. Though ittakes time, it's what we must do to understand each other. I hope that everyone whoreads this article understands it I fanyone doesn't I'd be glad to take the time to explain it For more information Conatct the S.B.A. Applicationsavailable September 14,1993 at the S.B.A. Office (Interviews are required) WHAT: International Law Society General Meeting WHEN:Wednesday, Sept. 8; 4 p.m. WHERE: I st Floor Lounge THE LOWDOWN: All welcome! THE PASSWORD: WHAT: Buffalo Environmental Law Journal Meeting WHEN: Wednesday, Sept. 8; 4 p.m. WHERE: O'Brian, Room 109 THE LOWDOWN: Free Beer, all welcome! WHAT: Animal Rights Meeting (SOLAR) WHEN: Wednesday, Sept 8; 3:30p.m. 1500 Broadway New York, NY 10036 (212)719-0200 (800)4-2-8899 (201) 623-3363 (203) 724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (6l") 695-9955 (800) 866-"2" FAX: (617) 695-9386 WHERE: I stFloor Lounge THE LOWDOWN: Come one, come all! WHAT: UB Law Softball THE LOWDOWN: All interested please submit name, phone, box# to Mailbox #150. April 22,1993 The Opinion 7 �1 WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW k © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fed69d175ebda0acbefc6c863f19fcaa.pdf cb3f0c661d5299345b6a548c20b59664 PDF Text Text O THE PINION Volume 34, No. 2 September2l,l993 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW New Faculty Member: Nancy Staudt by Sharon Noscnchuck, .New Editor A new law faculty member Nancy Staudt is teach ing Tax 1 thissemester; she wdl be teaching Tax 2 and a seminar on state andlocal taxnext semester, she said. ShenotesthatTax 1 is recommended, but not necessary forthis seminar. Originally from Ohio, Staudt attended law school at die University of Minnesota, graduating from tliercin 1989. She then clerked foroneyear withajudge on the Ninth Circuit and followed this experience with a two year stintworking in the Tax Department of the law firm Morrison and Forester in San Francisco. During die 1992-93 schoolyear,she taught atthe University ofChicago Law School. Whenasked why sheswitchedfrom private practice to teaching, Staudt said that she found working ata law firm dissatisfy ing beeau.se slie did notgetachanceto delve deepenough into the issues in which she was interested In private practice, the attorney must act in the interest of the client, she noted, and, sometimes, ifyou disagree withthe client's point ofview,it Ls difficult. After two years in private practice, she resolved to go into teaching She decidedto come leach at Buffalo because it is "a great law school" and she "liked dieprogressive nature ofthe school." Staudt' s specialty is Tax and Feminism. She is interested in the way that women are treated under dieTax Codeand ifthey are treated differendy or similarly to males, she said. She will be teaching a class on Tax and Feminism during the 1994-95 schoolyear, shetold thisreporter. While in California, Staudt began representing battered women who have killed their abusers. She started a nonprofit organization that offers services (everything but legalservices) to thepoor, (especially theekierlyt.paiplc withAIDS, and the handicapped She remains on the board of directors of this organization. Staudt said tlialsheis hoping to eventually become involved in theBuffalo non-profit community. Tax conceptsarecasier than people think, said Staudt. She is surprised that people are interestedand are participating in a required course on tax, especially as the course is imposedonthe students, she said. She noted that people in her class have told her diat it is not as bad as they dioughtitwouldbe. It is goodwhen people get acliance to express their oral skill in class, Staudt believes, and there isnever such thing as a stupid comment. People think about the cases, but they are afraid to voice their comments, when, in fact, this could be the most interesting part of the class, she noted. Staudt's hobbies include reading fiction and outdoor activities. She said thatherfavoriteplace to hikeand camp is Yosemite National Park, because ithas great mountains to hike and freshwater pools at thetop ofthemountains inwhich to swim. UB Law: Best Buy forYour Dollar Saultan H. Baptiste, StaffWriter Have you everasked the question,' 'Is itreally worth it goingthe law school?'' Well, according to the NewYork Law Journal, ifyouattend UB Law School, thatanswermay bearesounding YES. In theAugust 5,1993 issueoftheAfew - YorkLaw Journal, theUniversity atBuffalo School ofLaw wasrated as the best pricefor your tuition dollarper graduating student income, when compared withNew York's 14 otherlaw schools. Although it is often difficult to assess intangible qualities such as recognized prestige of a particular law school orthe motivations ofindividual students to attend a given law school, the study, designed by Law Access Inc, evaluated New York schools comparing the average costof attending agiven schoolagainst thelikelihood ofobtaining ajob and the average salary upon graduation. # More specifically, the survey applied a cost-benefit analysis: threeyears tuition ata given schoolplus interest on their studentloans againstthe percentage ofstudents unemployed six months after graduation. The cost were then dividedby the benefits. According to thearticle, thisanalysis resulted in determining' 'howmuchastudentwouldspendon legal education for every dollar ofstarting salary.'' Buffalo Law theBestBuy The study concludedthat SUN Y-Buffalo(sic) delivered the best value for the education dollarfor New York Residents." For example,Jacob D. FuchsbergLawCenterof Touro College pays more than twice as much to earn each dollarduring their firstyearoutoflaw schooldue to theirhigh CostofLegal EducationPerDollar ofStarting Salary* 52.15 1.95 1.84 1.80 1.57 1.56 1.54 1.53 1.43 1.36 1.29 1.25 1.21 .89 NA ■■ Jacob D. FuchsbergLawCenterofTouroCollege Brooklyn LawSchool Albany Law School, Union University Pace University School ofLaw St. John'sUniversity School ofLaw Syracuse University College ofLaw Benjamin N.Cardozo School ofLawofYeshivaUniv. City of New YorkLaw Schoolat Queens College** Cornell LawSchool Fordham University School ofLaw Hofstra University School ofLaw New York University School ofLaw Columbia University School ofLaw University at Buffalo SchoolofLaw** New York Law School I I I I I Source:Edwards A. Adams,Afew YorkLaw Journal, V01.210, No. 25, August 5,1993, pg.l Determined by 1992 tuitionand fees multiplied by threeyears * Calculated tuition at therate ofNew York State residents ** ... BestBuy, continued on page 3 Union Janitors GetTheir Jobs Back , byKevin P. Collins, Managing Editor- Afteralong and hardstruggle thatlasted oversevenmonths, thirteenunionjanitors who worked at the Statier Towers in downtown Buffalo regained their jobs, withall their seniorityand health care, job security, pension, and vacation benefits intact, through their persistence and thatoftheir union, the Service Employees International Union, Local2oo-C, AFL-CIO(SEIU). "TheDirt" on the Story The janitors' struggle began in the middleoflastyear, when thebuilding inwhich theyworked, theStader Towers, located at 107 Delaware Avenue in downtown Buffalo, was sold from Mr. William Hassett and the 107 Delaware Avenue Associates to new owners. The newownership groupincorporated themselves as the York Statier Incorporation and was comprisedofbothAmericanand Canadian investors. The two Canadian investors were Mr. Charles Goldsmithand Mr. Zane Sexsmith, both from Toronto. The American investors wereMr. JohnArcadiand Mr. GeorgeBuckhout. Mr. Arcadialso owns theDepewDevelopment Corporation, which is based inLancaster. As it turned out, the American investors, and principally, Mr. Arcadi, were the principle players involved in the struggle at the Statier. Whenthe new owners took over in late December, they got rid ofthe thirteen union janitors who worked at the Statier by not renewing the cleaning contractwiththe union subcontractor, InternationalService System Inc.(ISS). Many ofthejanitorshad worked for quitesome timeat the Stader, withone having been anemployeethere forover thirteen years. Having got rid ofthe unionjanitors, the new owners gave the cleaning contract to P.S. Elliot, a non-union janitorial subcontractor whose officeis located onKenmore Avenue. Elhotcame intothe Statier and employed part- sdfdsfds time, non-union janitorswho worked atminito their unionandwhatensued was along and mum wage andwhoreceived no health care, hard struggle to get their jobs back at the pension or vacation benefits. P.S. Elliot was Statier. Whatresulted eventually was justice forthe janitors. namedby the SEIUas the 1993 Buffalo "EnemyofJusticefor Janitors." Thus, the thirteen displaced janitors JusticeforJanitors Theunion andthe janitorsbegan a Jusnow foundthemselves outon the streetwithno jobs. Itwouldhave beeneasy to giveup, to just tice for Janitors Campaign in January ofthis go onunemployment orto say "0.X., I'lljust year in an effort to get back their jobs. The findanotherjobandhopethatldon'tgetkicked janitorsstood out in front ofthe Statier every outofthatbudding.too." Instead, these brave Union, continued on page 10 thirteen janitors did not giveup. They turned ... HIGHLIGHTS 3 4-5 6-8 Group Spotlight Editorials and Commentaries Candidates Statements Alumni Spotlight 9 I I : Docket — �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I 3RD YEARS: ALL OR IST. 2ND MI I il I I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. CALL 1-800-635-6569 I Work on earning a free Bar Review course. I COME JOIN THE PIEPER TEAM!!! �Buffalo Moot ATTENTION LAW STUDENTS Court Board Moot Court Board Gears Up For Competition bySharon Nosenchuck,..NewsEditor Right now, 2Ls and 3Ls are working furiouslyontheirbriefsfor theDesmond Moot Court Competition. Sponsoring the Annual Charles S. Desmond Memorial Moot Court Competition is only oneofthefunctions ofthe Buffalo Moot Court Board. The two other purposes oftheBoard are to sponsortheAlbert Mugel National Tax Law Competition, a national competition in which teams from all over the country compete; and to select and coach teams to represent UB Law School in national mootcourt competitions. Boardmembership is based on success in the Desmond Moot CourtCompetition. Letters ofintent for those planning to participate in the Seventh Annual Charles S. Desmond MemorialMoot CourtCompetition are due October 5. There is stilltime to sign up forthoseinterestedin competing. Briefs for the Desmond Competitionare due October 8. The practice rounds for the competition take place October 13-17, with members ofthe Board as judges. Each team will beassigned a coach who is amember ofthe Board. The preliminary rounds of the competition take place October 19-21. Itshouldbenoted thatthe competition went from two to three preliminaryrounds this yeartoreduce thearbitrariness oftheprocess, said JoelMSunshine, Director oftheBoard. The quarter finals ofthe competitionareonOctober22. Semi-finalrounds are onOctober23 andthefinal rounds areOctober 23 intheMootCourtßoom. Theßoardencourages people to watchthefinalrounds. The purpose of the Seventh Annual Charles S, Desmond Memorial Moot Court Competitionis " to provide an opportunity for UB Law School students to practice their writing and oral advocacy skill in a competitiveenvironmentinareal-Ufesituation. "Oral abilities are being judged by oral advocacy experts—that is,realpractitionersand judges,'' according to Sunshine. He also said that becoming amemberoftheBuffalo MootCourt Board provides a great opportunity to meet practitioners and judges in the Buffalo legal community. Why should you participate in the Desmond Competition? Sunshine saidthat the "Desmondisaveryprofessionallyrun competition. The case used in the competition is thoroughlyresearched to stimulate interesting andthought-provokingarguments by thecom- petitors. Oneofthemainreasonsthecompetitionis at such a high level isbecause thelaw students takethe competition so seriously. It is considered a veryprestigious honor in our lawschool to becomeamember ofthe Board. Additionally,even thosewho do notmake die Board have statedthat itwasa veryrewarding academic experience for them. This is one of the few opportunitiesavailable for lawstudent to practice these very important appellate advocacy skills". In additionstudentsareable to use theirbriefas awriting sampleand most employers prefer to hirethoseon LawReview or thosewho have beensuccessful in theMoot CourtCompetition, noted Sunshine. The scores in Desmond are calculated as follows: 1. Each briefis read and scored by the nine member brief grading committee. This score encompasses 40% ofeach individual's overall score. Wlule each team member receivesthe same brief-writing score, their oral score is tallied separately. 2.Theother6o%oftheindividual'sscore is made up of average scores given by the judges duringthe each ofthe three preliminary rounds. Judges are practicing attorneys and judgesfromthe New YorkStatelegal community. Students should note that many ofthe judgesforthefinalround have writtenopinions that law students have studied in class, for example Justices Denman and Jasen. Sunshine said thatthe Boardis encouraging 3L's toenter thecompetition. 3L'sthink they don't have enough time, but all who participate say itis a very worthwhile experience, stated Sunshine. He said that "the Board'spositionisthatthemore qualitycompetitors, the higher thelevel the competitionis going to be. There fore, itis in ourbest interest to encourage all students, particularly 3L' s to participate". 3Ls canbecome fullboardmembers. Some ask the question, "Why aren't 1 L's allowed to participate?" Sunshine answers, this is so because the Board can't give full board membership to students who only competed inan oraladvocacycompetitionand they can'tgive awritten component because 1Lsdon'thavetheresearchand writing skills. However, theBoard encourages 1Ls to clerkfor the Desmond Competition because: (1) the Board needs themand it is arites ofpassagefor 1 Ls to help the Board puton the competition-the Boardcouldn'tdothe competition without them; (2) all peoplewhoclerk in the past say theyhave learned alotby observing—not only how the competition runs, but whatkinds of argumentwork&don'twork;and(3) lLscan havefun-clerks can go tohappy hourafterthe last night ofcompetition. Other things the Board does besides Desmond include the Mugel Competition— those who become Boardmembers in the fall run theMugel Tax Competition in the Spring and national competitions with those who aren't competing in national competition assisting those who are competing by helping research and writebriefs and judge practice rounds. The Buffalo MootCourtBoard islocated in the basement in room 12 and theirphone number i5645-2037. Ifyouhaveany questions, speakto the person serving officehours inthe office. BestBuy, continuedfrompage 1 percentage ofunemployed students six monthsaftergraduation, 36% unemployed, and low average salary, $42,000. Whereas, CUNYLaw School, whichhasalowertuitionthanUß, had the highest unemployment percentage of all thelaw schools 59%. NYUand Columbiahad both the highest tuitionsand the highest employmentrate. For example, onlyone-halfof 1 percentofNYU graduates wereunemployedsix months after graduationwithanaveragesa]aryofs62,6oo. Although2%ofColumbiastudentswere outofwork, graduates were able to garneranaveragesalaryofs6s,2oo. - Other UB statisticsbasedon 1992 lawschoolplacement dataincluded: $36,138(rank 14/15) Average StartingSalary. Graduates %of Taking GovernmentJobs. 14%(rank6/l5-tied withCardozo) Graduates Jobs Taking in (rank 13/15 tiedwith NYLaw) Private Practice. ...49% %of VoofGraduates Taking JobsPublic Interest Jobs. .8% (rank2/15) %ofgraduates Taking Clerkships 8% (rank 7/15) "/ounemployed6monthsAfterGraduation 13.8%(rank8/15) - Please Read Completely:SßA Constitutional Revisions The SBABoardofDirectorspresentstheseproposed amendments forratificationby the studentbodyofUBLaw inorderto producemoreeffecriveand accurate representation. Referendum #1 Toamendthe SBA Constitution toreflect thecorrect name ofthelaw school, which is' 'University at Buffalo School ofLaw.'' Reason: Currendy the SBA Constitution states, at various points, that the name ofour law school is the "University ofNew York atBuffalo School ofLaw "and at otherpoints the "StateUniversityofNewYorkatßuffaloSchoolofLaw." Both are "officially" incorrect. Thisreferendum wouldcorrect thepriormistakesand ensure that thename ofourlaw school is correcdyreflected, university-wide, among thestudent body,other student organizations, the school administration, and the general public. Referendum #2: To amend the SBA Constitution by immediately replacing the executive title of withtheexecutive titleof"ParUamentarian/Office Manager" and adding the 'Secretary" ' following responsibdity to the office: To advise thePresident and Board ofDirectors regarding matters of parliamentaryprocedure; this includes assisting thePresident to ensure thatall meetings ofthe[SBA] Board are conducted per the most recent e&tionofßobert'sRules ofOrder, this Constitution, theBy-Laws, and therules promulgated in pursuance thereof; Reason: In order topromote more productive SBA meetings,better informthe student body ofissues addressed by the SBA, andencourage studentparticipation in student government, the SBABoard ofDirectors suggeststhatthe role ofSecretarybe consolidated withinthe office ofParliamentarian/0 ffice Manager. Alltheresponsibilities currendy held underthe office ofSecretary will be assumed by the new office. Theseamendments will be on the ballot forClass Directors duringthe elections onSeptember 22-23. Please vote!! Your vote is valuable and important to yourfellow students. Copies ofthe currentConstitution are avadable outsideofthe SBA Office. Any questions or commentsregarding theseamendments can be presented at the Candidates Forum tobe held on September2l,l993at 3:15 pm in Room 109. SBA: Constitutional Revisions byJeffrey A. Schoenborn, Contributor What isthe name ofourlaw school? Is itthe "State University ofNew York at Buffalo SchoolofLaw," as printed atthetop ofpageone ofthis newspaper? Nope. How about SUNY at Buffalo Law School? Wrong again. According to the StudentBar Associathe tion, correctanswer is:''The University at Buffalo SchoolofLaw," said SBAPresident Saultan Baptiste. This is also the name the schoorsadministrationuses. TheSBA constitution, however, refers to the law school in a numberofdifferentways. During class-director elections on Wednesday andThursday, students can voteto make ' "The University at Buffalo School of Law,'' the name officiallyrecognized by the studentbody. "That'swhatwe'reknownas,so it makes sense to be consistent in our documents," law school dean Barry Boyer said. Boyer said an impending revision in the administration's bylaws willalso correct inconsistenciesreferences to the nameofthe law school. One ofthe outdated names in those rules mentionsthe law schooladministration as the "Faculty ofthe School of Jurispru, dence," Boyer said. The second constitutionalrevision on the ballot,Baptiste said, would enable the SBA to run more efficiendy. This referendum, if passed, would change the title of the SBA secretary to "parliamentarian/office manager." "ItwillmakeforamuchstrongerSßA, it will make ourmeetingsrun smoother, and students will be informed better," Baptiste said. The traditional duties ofthe secretary include taking minutes, ensuring that class directorsadheretotheirofficehours, andkeeping the SBAoffice is stockedwith supphes. An additional dutyofthe secretary isassistingthe presidentandboardofdiiectorsbymakingsure the meetings areran correcdy, asrequired by the constitution, SBA bylaws and Robert's RulesofOrder. "The responsibilities ofthe secretary are broader than the tide would suggest," Baptiste said. "It may seem like additional bureaucracy, but by the addition ofthe new responsibUities, the meetings will be less bureaucratic." The SBApresident said voting wdltake place outside thelaw library, and he stressed the importance of all students taking part. "[TheSBAmembers] need to have feedback, and theonlytimewehearfromthe studentbody as a whole is withthese referehdums," Baptistesaid. "Thevotingprocessshouldtakeno longer, literally, thanabout one minute. ÜBLAWFACULTYMEMBERSNAMEDDISTINGUISHEDPROFESSORS Thomas E. Headrick. Ph.D, and Virginia A. Leary, Ph.D, were awarded thishonor for outstandingservice to the community, state or nation through the application of intellectual skills drawn from scholarly and research interests to issues ofpublic concern. September 21,1993 The Opinion 3 �IOPINOsI 48i Volume 34, No. 2 MEET THE CANDIDATES ©by KoL-Hiy rNorbuUj September 21,1993 Editor-in-Chief: Paul H. Roalsvig ManagingEditor: Kevin P. Collins Business Manager: Vacant News Editor: Sharon Nosenchuck Features Editor: MariaT.Buchanan LayoutEditor: Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbury StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco Contributors: JeffreyA. Schoenborn EDITORIAL Let's Talk About Guns A British tourist shot to death in Tallahassee, Florida. German travel agencies warning theirtourists about how to avoid potential trouble while vacationing here. Japanese television programs that depict Americans as crazy gun-totingfanatics. Clearlythereissomethingnewgoingonhere.The rest of the world is starting to voice its opinions on how we treat gun ownership. And thebasic message seems to be: the rest of the world is not amused anymore. The Constitution oftheUnited States was never designed to guarantee theright ofevery American to owna gun or bearother firearms. In fact, says a writer in a fairly recent New York Law Journal, courts have only supported the right ofgroups organized under the auspices of the states to bear arms. Thereis a big difference in the rights of statesto form organized militias and state guards, and the alleged right ofthe individual to carry arms, he says. The organized militias and state guards, according to this writer, were formulated by the Framers of the Constitution to act as a safeguard againstapotentially overwhelming federal military strength. TheFramers never contemplated a similar individual right, however. This second right is a fictitious right, promulgatedby such groupsas the NRA, but it is one which was not intended by theFramers, and one which at no timehas been supportedbythe courts. TheFramersnever desired or envisioned a general populace armed with guns to the hilt. This is exactly what is starting to happen. The consequences of such a developmentwould be severe indeed. The relatively short history ofthe United States has largely beenthe history of a variety ofpeoples conquering various frontier areas. Unlike the older, established european and asian countries, Americans had frontiers thatneeded clearingby homesteaders, areas that criminals could escape to, and which thereforeneeded "taming by the introduction oflaw enforcement agencies and other societal restraints. Firearms were anecessary tool in the eventual taming ofthese frontiers. But dothese frontiers still exist? As transportation makestravel and settlementpossiblein even remote areas of the United States, the answer is: probably not. And if these frontiers really don't exist anymore, why doAmericans still feel theneed to hold on to their firearms? The number of people who depend on firearms to feed their families is insignificant when compared to the total number of Americans. Those who do rely on them tend to live in areas that might be still considered wilderness "frontiers". These people clearly have a need for guns. However, the vast majority of gun owners do not rely on them to feed themselves or their families. "We need them for protection" ; so goes the other argument. Protection fromwho? Hostile foreignersand those "pesky commies?" We have the federal armed forces to protect us from these real or imagined enemies, and on a local level, we would stillhave thereserves andNational ...Editorial, continued onpage5 Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialsherein is strictly prohibitedwithouttheexpressconsentoftheEditors. TheOpinion ispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. TheOpinion is anon-profit organization, thirdclass postage entered at Buffalo,NY. Editorial policy ofThe Opinion is determinedby the Editors. The Opinion is funded by theSBA'from StudentLaw Fees. The Opinion welcomes lettersto the editorbut reserves the right to editfor length and 1ibelous content. Letters longer thanthreetyped doublespaced pages will beedited for length. Please do not put anything you wish printed underT>uroffice door. Submissions can be sent, viaCampusorUnitedStates Mail to TheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'BrianHaU.Buffalo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to theEditor' 1 and on the commentary page are not necessarily endorsedby theEditorialBoard ofTheOpinion. 4 The Opinion September 21,1993 Opinion Mailbox Moot Court not just for Desmond Board's assertion that"membership on the MootCourtBoard isarequirement for participation in a national competition.'' (Opinion, Sept. 8) Such a characterization ofDesmond's authority is, at best, misleading. First, it isquite possible for anindividual to participate a national, or even international, competition through the in Jessup Moot Court Board. Secondly, it is not clear why membership on any moot court board is a prerequisite to in a national competition. SBA President Saultan Baptiste declaredthat oneofthe goals ofthe SBA is "to make your stay as enjoyable and enriching as possible" (Opinion, Sept 8); why should the enriching experience ofmoot court competition be restricted only to Desmond Moot Court members?We all pay SBA fees,why should thebenefitofthese fees accrue only to certainclub members? Further, thelion' s share offunding for national mootcourt competitionscomes from theschool'sdiscretionary fund. These funds belong to allstudents, notjust those whohave been ''fortunate" enough to havemadeDesmond oranyothermootcourt board. Perhaps theDesmond Moot CourtBoard hasforgotten thatthe country'smo st prestigious EnvironmentMoot Court Competition was wonlast year by ÜB' s Dan Spitzer and Elizabeth Beiring, neither ofwhom weremembers oftheDesmond Board. Further, Elizabeth was nota member ofany mootcourt. This competition wascovered by the national pressandthe victory by the two participants did more to enhance ÜB' sreputation thananything the Desmond Board has done in recent memory. Ifthe policy espousedby theDesmondBoard was inplace lastyear itseems most likely thatthe awards andhonors garnered for the Buffalo Law School and its studentbody? IfDesmond's mischaracterization ofitsown authority is to be believed, will professors betoldby Desmond thatthey can' t sendtheirmost talented students to these competitions? What is the purpose served by this policy? ThisDesmond power grabserved no legitimate purpose and should not be tolerated. The purpose of this letter has been to point out that Desmond's declared policy of controlling all moot court competitions is unprecedentedand lacking in logic and authority. Do not befooledinto thinking thatyouhaveto try out forDesmond, orany other moot court, in order to compete in nationalmootcourt competitions. Yourthreeyears hereareyourownandDesmond cannot control what you decide to do with them. fcipation Sincerely, Douglas Sylvester Jay Fleischman SimonConte �Introspection Features Editor By MariaT. Buchanan As aIL last year, I was amazed at the diverse group ofstudents theadmissionscommittee managed tobring together as the Class of '95. What I found most striking was the numberofolderfemale students(forme, that includedanyoneover the ageof2 5)in theclass. At first, I wondered why "they " wanted tobe in law school at this point in their lives. I thoughttomyselfthatby thetimel'm "their" age, I'll havealready established my career. I also thought that once I graduated, I wouldbe able to start acareer and a family withoutmuch difficulty. I remember last year, a friend ofmine declared that she wasnever going to haveany children. Atfirst,lhadadifficulttimeunder- all would be so difficult. Now I see the standing herchoice. However.themorelthink advantage that "those" older women have about it, the more sense her choice makes. overmany ofus—they are settled in their lives. After all, howrealistic is itfor a woman with They will be able to begin their careers free a demanding career to begin a family only from the burdens ofthedecisions thatmany of us still have before us. shortly after beginningher career? Recently someone stated to me that Itisn't fairto the woman thatchooses to "there wouldn't be all these problems in the bearachild that she should be forced to puther world, if they (I guess the powers that be) career on holdor to stand at the backofthe line simply paid the men enough,sothatthe women forpromotions, simplybecauseher decision to could stay home and raise their families." procreateathomeinterfereswithherability to This statement illustrates that despite the "create at the office. Nor is itfair that the numberofwomen whoare successfullymanchild the woman bears should beraised by a aging bothcareerand family, women stillhave a long way to go in gaining respect for and stranger in a day care center. it understanding ofourchoices. I never really thoughtthat' 'having Editorial, continuedfrompage 4 i Guards, whose membershipsare open to any law-abidingresidento fthe state. This still does not explain whyindividual Americans should have the right to carry arms. So maybe we need them to protect us from other dangers, i.e. rapists, murderers,andthieves. Ithas been argued thatthe supplyand/ or the suppliersofguns are blameless factors unrelated to the numbers ofguns purchased or thenumbers ofgunsactually used. If theeconomy was in good shape, theargument goes, people would generally be happy and prosperous, and fewerpeople wouldfeel desperate,and fewer people would feel theneed to arm themselves against thesefewer desperados, and gunusage would be at a controllable level. However, it is time to stop relying on the assumption of perpetual prosperity. TheU.S. may be a great economic power, but we are not immune to the worldmarket'sprice fluctuations. TheU.S. will probablysuffer some economicrecessions and depressionsin the future, justas ithas survivedsome inthe past. But given a steady unrestricted gun supply, in questionable or bad timesthenumberofdesperateand notso-desperate individualswithguns will goup, and theneed toarm oneself against them increases as well. It will simply become an escalating spiral that will not end until every person carries a gun. Is American society doomed to this inevitability every time the times get a little tough? Maybe at this pointin ourhistory, itis time we joined theranks ofthe other modern societies ofthe world and started taking steps to eliminate from our homes those firearms whose sole purpose is the termination ofhuman life. Throughout its history,other countries haverevered theU .S. for its rational system of legal and judicial institutions. Unfortunately, recently our country has become a civdization to be feared. As American cultural icons have been spread to everycornerofthe globe via mass communications, so have our attitudes about firearms. The result is twofold: criminals throughoutthe worldbegin emulating their American counterparts, and the world begins to view the United States as avery dangerous place. Several famous historians have suggested the hypothesis that when Americans have run out ofroom to expand, i.e. when all the American "wild frontiers" have been tamed, the character ofthe American people would gradually change. They would stop looking to the frontiers as places ofexpansion and/or refuge, and the American people would then begin to concentrate more on their immediate environs,and concentrate onwaysto improveit. One canonlyhope that this mental change will include a realization that the ownership of firearms by the general citizenry is in the long- run societally selfdestructive. ForC las Rembr Ofm, tMs I* * monf tDirectos oVeT «p*c* Ntor, but wh4oat you wqp*ct •» tt*i • OXtock fn /^—L CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard SLlvestri ACROSS 1 Monkeyshine 6 Withhold the dp 11 Bother 14 Domino plays 15 Bush-league 16 Overpermissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr.Adams (sos and TV show) 20 Gives the once-over 21 Villagers 23 Slum problem 25 Nuts 26 Workout spot 29 Jersey bouncers? 31 Zoo attractions 34 Feel lousy 35 Stretched out loosely 37 Alcohol burner 38 Featured players 68 Pieces o» eights? 69 Inhibit Friday 40 41 Imposing group 42 Ne plus ultra 43 Gobackto page one DOWN 1 Cheta.torone 2 Guitarist overhead 46 Pre-election 3 Address 4 The bombs 28 How do the sheep get into the pen, Holmes? 30 Certain servicewomen S|SV{ v_s" / » fljy* \ <ms>T \Sfl 48 Ponzi scheme, e.g. 49 "HoldonTighr band 50 "I Still See S "H\t" / J) I « MW W / fl1 W B Usal K3?U IBpK,rV. fffj I 11 flfeB _/ MK^X bursting F—b»f r*fl V cylinders 33 Authority 36 Make a decision 5 Issues orders 39 Gave a hand 41 Came dean 6 Little. B a 43 Doessome lassie cobbling 7 Dyeing wish 44 Biblical brother '(Pant 8 Following along 47 Torrent o( YourWagon abuse 9 Bird or Barkley tune) 10 Dressing type 51 Young. Ladd 52 Speaker of and King diamond fame 11 Where did this 53 Easily-split fruit come 54 Holds in check rock from, Holmes? 57 Dfferent 54 Summer place 60 Gallery display 12 Humorist 55 Voiced Barry 61 Is this in the 56 A foe of Pan's 13 Babe's style of a 58 Q.E.D. middle buddies devilfish, Holmes? 18 Artificial-fabric 59 Have value 62 Stomach component 64 Spanish sea muscles, for 65 StarinCygnus 22 Mogul master short 24 h's often set 66 Raise the 26 Bar food 63"—darn spirits teotin'r 67 Persevere at 27 King or queen event th» B^W/~H_ \^(WJj) Bl %W\ \$ T-^^Bfcs/^T /Mtm HfissSt B>o V BCSftlB — — —^ j— J - T7 ' 18 m«> ' Bo 909 ' BeUmo e NY * ■ _Jl___i I- 8 7 ■■ ' ' ,, ..,.-— 8 5 } " 7, *- ■" WM °' (516) 679-8608 September 21,1993 mb hvfl) morw The Opinion 5 �1993-94 SBA Class Director Candidacy Statements faculty, administration, and fees allocation for yourorganization. ILs Inordertopreserveandfosteraforumfor ourunique individualandcollective interests, talents, and concerns, I believe thatstrong and aggressive representation is essential. I look forward to getting to know youand willspend time to be informedand try to understand the issues that are important to you. Reda Jane Austin, IL SBA representatives formed some ofmy first impressionsofUBLaw School Muchof the congenial and positive atmosphere seemed to be a product ofa proactive and concerned SBA. lamexcitedattheprospectofservingour StudentBar as yourClass Director. IgraduatedfromtheUmversiryofTlorida and did most of my graduate work at the university ofCentralFlorida. As an educator in exceptional education programs, I developed astrong spiritofadvocacy formy students andcolleagues. Becauseofmy nature, circumstances, and/orprofession,Ihavebeen looking after the interests ofothersfor many years. I have over fifteen years experience working with faculties andadministrations. As department chairman o flarge faculties, I wasresponsibleforbudgetsandplanning. Thesestrengths wdl contribute to the SB A's involvementwith Ben Dwyer, IL Over the last two weeks, I have sought andlistenedto students' thoughts and goals for their three years at U.B. Law. Given the uncertainjob marketandproblemsoffunding inthepublic interest field,l sharethehopesof many thatwe get themostoutoftheU.B. Law experience. The Studentßar Associationsthe only organization that speakscomprehensively for all U.B.Law students. Ithas a crucialrole to play in perfectingthe qualityofour experience here. YourS.B.A.repsshoulddomorethanjust promise to showyouagood time ~you should expectanddemandmore. I takevery seriously the commitment I am making in running for Class Director. ofstudent organizations to enhanceour legal education. I am very accessible and open to your input. Iwanttoleamwhatissues are important to otherfirst year law students so I can represent them fairly as an officer oftheSBA. During my three years as a Congressionalaide, I learned whatgovernmentcan and experiencepertainingtoSßA. Whatitdidgive me is what I offer you: Hard work, commitcannot do. My boss introduced the Brady ment, and arelentless work ethic. I wUI work (handgun waitingperiod) Bill and, as the staff to find out theneeds and concerns ofour class, person handling it, I saw how the brave and and I willbe committed torepresenting those tireless effort ofmany could overcome great needs andconcerns. I offerno hollowpromises, oddswhenwe achievedhistoricHouse passage justthe sweat ofmy brow. Thankyoufor yourtime. ofthebill in May, 1991. However, I also saw Sincerely, representative government at its worst when Craig S.Brown Congress members, caughtup in election-year politicsand looking out for their own hides,lost sight ofwhy they were thereand, as aresult, allowed Brady to languish inthe Senate. Asyourrepresentative on theS.B.A., I would carry with me theethicofgood government: government that is above politics, that is accessible and open to students' concerns, and that gets things done. We will inevitably face tough issues this year. These may come in the form of SUNY budget problemsand how they affect thequality anddiversity ofU.B.Lawprograms, proposed curriculum changes, control over O'Brian Hall and building security. I am deeply committed to ensuring that law students' interests are given top priority in all areas and that the S.B.A. will always be proactive and vocal onyour behalf. Craig Brown, IL Sue Etu, IL Ifyouhaven'talready counted,thereare fifteen candidates for the 1LSBA class direcFirst of all, I would like to introduce torpositions. Youwill decide the six who will myself; my name is SUE ETU. I am a native representourfirstyear class. Manyofyouhave Buffalonian and like my wings as hot as they askedmewhyyoushouldvoteforme. lamnot come. TluspastMayJgraduatedfromCanisius going to sithereand attempt to convince you Collegewith a Bachelorofthe Arte in Political that all of my undergraduate activities have Science. I have known I wanted to pursue a career in law for many years and I am very groomedme to be the ideal SBA representative, andas weall know, anything can look good excited to be here. I wish to make the most of on paper. The truth ofthe matter is thatSBA this experience and would like to help you do is not like any undergraduate organization. the same. Being active as a Student Ambassador, an Past experience; working foran elected advisor to the Residence Hall Student Asso- representative, New York State Assemblyciation, amemberofßACCHUS.andahost of man Schimminger, taught me the value of other organizations did not give me specific ...continuedon top ofnextpage • whoare more interested in doing the work of representation, serving the common interests ofour class, than they are in winning an election. Finally, the spending ofother people's collected resources is a graveresponsibility. Theallocationofourfeesto fund organizations and events isthe single mosttangible expressionofwho we wantto beas alaw school. Let's position. Please don'thesitate to discusswithme anything youdeem important,bothbefore and after the elections. makesastatementaboutwhatwecreditenough Don't Forget To Vote! Sada Manickam, IL Hi, my name isSada Manickam (don't worry ifyou can't pronounce it, most ofmy 6 The Opinion Brian Melber, IL Thisbeing ourfirst year, our class is in an odd situation with this election. We don't know eachotherwell. Wedon'tknowwhatour commoninterestsasaclasswillbe. Wedon't have a good idea ofwhat questions willcome before the SBA in the coming year. We did, however.gettwobitsofinformationaboutthe SBA during orientation. CurrentSßA officers introduced us to the SBA by proudly reporting on the contentiousand argumentative tone of SBA meetings,andmentioning finally that, oh yes, we allocate funds fromyour studentfee. It seems to me thattheSBA should valuethe ends ofits deliberations and its ability to generate consensus more thanits ability to sustain and enjoy belligerent opposition. Let's send a group of first yeardirectors whobelieve that ending arguments well is more important than pursuing a fight for the sakeofflexingrhetorical muscles. Let'sberepresentedby six people September 21,1993 school we are and whatkind oflaw schoolwe wanttobecome." Heshouldbeaskingyou! I won't bore you with all the stuffy background information. I am qualifiedforthe sendrepresentatives who won'tdismissthisas an afterthought or a matter ofcourse. Let's choose directors who will treat that function with the respoect itcalls for, and who willuse itwith theknowledge that every dollar spent to support friends can't either). Now you're probably wondering what I plan to address as a Class Director. To be honest, the mainproblem that has been broughtto my attention isthecramped atmosphere of the classroom with students spilling onto the aisles. This is the major complaintofmost students,along withthelack ofadequate parking space. As a seasoned veteran oflaw school, with4 weeksofexperienceundermy belt, I can testify that I have many ofthe same questions as you do. Such as, what thehell is Schlegel talking about? Ipromisel won'tregurgitatemy resume, butlwilltellyou whatmotivated me to pursue a position in the SBA. The primary reason is that the SBAcontrols the distributionoffunds to student organizations (i.e., it determines whereyourmoneyisgoing). Asan undergraduate at Cornell, I was active in many extracurricular activities ranging from debateto volleyball. Irealized thattheseactivities contributed as much to my education as the coursesI took. I want tosolidify andstrengthen therole year's S B.A. should include providing student input into theredefinition ofU .B. Law School. Dean Boyer, calling for alumni input, stated that this is atime to rethink whatkind oflaw Tomorrow Harvey Siegel IL IfelectedtothepositionofS.B.A. FirstYear Class Director, I wdlrepresent myclassmates to the best ofmy ability. That means: I'LL GO TO BAT FOR YOU! The concerns thatyou have, regarding U.B.Law Schoql, will become my concerns. I willaddressissues that arise duringthe termof officeonyour behalf. Thatmeans I'llbeasking youropinionsthroughouttheyear. I believe the responsibilities of tiiis and Thursday from 9-4 outside law library. �1993-94 SBA Class Director Candidacy Statements Etu, continuedfromlastpage strain it or cut its funding. Frank, a son ofPolish and Irish immigrants, grew up in central New York and attendedThe CollegeofSt. Rose inAlbany. He has adegree in Historyand Political Science. ideas. Asyourdelegatelwouldrepresentyour Before coming tolaw school, Frank worked in ideas and goals. Your viewsare important to the Legal and Political Action Department of me. My box number is 71; lam interested in the Civd Service Employees Association, what you think and whereyou want this law Local 1000 AFSCME, AFL-CIO inAlbany. While there, Frank co-authored legislation school to go. I realize that at this time many of the which eventually became the Agency Shop issues are unclear; but whatdoes seem appar- Law and drafted the Privatization Ethics ent is the friendly environmenthere. I feel that Boardbill. Frank servedas UpstateNew YorkCothis is a unique and valuable characterists that should befostered. Continuingandbudding the coordinator ofthe Clinton forPresident camsense of community in this law school is a paign during the primary season, working in Michigan, Pennsylvania, Illinois,Vermontand priority forme. I address you today to ask for your New Hampshire. Then, in the fall, he was the support and voteon September22nd and23rd. Democratic Candidate for New York State I am very service orientedand I have a lot of Assembly inthe 126thAD.Obviously he lost. energy. It would be an honor to serve you. Also,Frankis notandneverhas been amember Please vote SUE ETU for Delegate!! oftheCommunist Party, at least thatyoucould constituentideasand concerns. It is aresource that too many officials overlook. Effective representative government empowers the people. It gives the people a forum for their John L. Leifert, large lawsuits like the Corning breastimplant case last year. Prior to that, she worked as a Frank's ambitions afterlaw school insecuritiesrepresentative and in-houseportfo clude public interest fields, such as prisoners' homanager forRochester CommunitySavings rights andjuvenilejusticeissues, labor law and Bank. anotherforay into politicsat the national level. Afterpassing the bar,Elizabeth wantsto Frank has come togetherwiththe other dedicateher practice to helping abused chdingredients of the Recipe for Success team dren. Down theroad, shewouldlike to open a because he believes that, despite their differ- home for abused children. She also hopes to ences,working as ateam in anon-competitive make lots ofchddren herself, so that maybe manneris the best way to servetheneedsofthe some ofthem will be tall. wholefirst year class. Elizabeth has come together with theother ingredients oftheRecipe for Success team because he believes that, despite their Elizabeth A. Jewett, IL Another ingredient in the Recipe for differences, workingas a team in a non-comSuccess, Elizabeth A. Jewett of Rochester, petitive manner is the best way to serve the NY, is seeking the position of IL Class needs ofthe whole first yearclass. Directortohave SBA offerthekindsofsupport Sareer A. Fazili, IL andassistance law students uniquely need. Another ingredient in the Recipe for ''We'veall beenthrowninto asituation Success, Sareer A. Fazili (Sandy), is seeking thatcan createalotofstress,"sheexplained," the of 1L Class Director. Hewould position and I think the SBA could bea clearinghouse to an official student handput together like for information, guidance or justplain friendly with book detailed information on student faces. Itcouldbeasourceofsharedknowledge, community opportunities. and organizations like outlines or taped classes, and we could 'There are so many many resources, so ' coordinate with the faculty for tutorials with in WesternNew uniqueorganizationshereand students whofeel the need forextrahelp. Also, explains Sandy,''thatweshouldgetthe toadequately represent thewholeclass,lhope York," information that is out there together in one that everyone wdl share their feelings and for students who are new to especially place, ideas withus." the area. It's easy to feel so overwhelmedhere Elizabeth, a native ofSouth Korea, has lived in Rochester since she was six. She thatlthinkstudentswouldenjoyanopportunity to find diversions easUy.'' attended CornellUniversity,graduating in 1990 with a Bachelors degree in Economics and Sandy,anativeofXashmir,grewuphere Marketing, with aminor inGenetics. During He graduated from theUniversity inßuffalo. college, Elizabeth was Ithaca's first female o fßochester withaBachelor' s degreein Ecovolunteer firefighter, serving on the departAtUofR, Sandy founded theMuslim nomics. ment for three years. She was Treasuer/AcStudents' Association and served on the Excountant/Cook&Botde Washerforthe departecutive Boardof theAssociationfor Development, and isa trained EMT who served as an Interest in the Indian Subcontinent. ment of officer in the Cornell EMS squad. Elizabeth college, he has worked as Regional also found timebetween classes to volunteer Since Director ofthe Kashmiri American CouncU, for the Ithaca Youth Bureau, working with troubledkids. Since college, Elizabeth servingasalobbyistlocally and inWashington has been working with upstate New York's forAmeriamsofKashmiriandescent Sandy's largest law firm; Nixon, Hargrave, Devans & arguments before the likes ofHank Nowak, prove. IL Another ingredient in the Recipe for Success, John L. Leifert, ofLong Island, is seeking the position of 1L Class Director to cross section barriers and get the entire first yearclass organized as a cohesive unit. "There was a social hole," explains John, "thatl saw,so I organized two intramural Softball teams that play in the University league. This isa small step towards integrating us withthe entirecampus community. John is a native ofNew York City and moved to the island when he was five. He attended SUNY at Albany, graduating in 1993 withaBachelors degree in Business Administration with a Marketing/Management concentration. Whde in college, he was on the Albany Swim Team and servedas Chancellor and the Director ofPublic Relations in the Delta Sigma Pi. During the legislative session, John workedas an aide to state Senator Frank Padavan (R-Queens). John is interested in pursuing a legal career as a litigator,and may enter the world ofacademia in lieu ofretirement. Johnhas come together with the other ingredients ofthe Recipe for Success team because he believes that, despitetheir differences, working as ateam in anon-competitive manneris thebest way to serve theneedsofthe whole first year class. FrankDec, IL Another ingredient in the Recipe for Success,FrankDec, ofAuburn, NY.is seeking the office of IL Class Director to fight to preserveand expand,wherepossible, theClinical program at the Law School. ' 'This program is a unique resource to our school. It is noted nationwide and is actually a model for other schools across the country,'' he explained, "It should be avery high priority to oppose any attempts by the administration or the state legislature to re- SBA Student/Faculty Committees: Academic Policy and Programs Committee - (3 positions) Academic Standards and Standing Committee , - (3,-, positions) Admissions Committee - (4 positions) Appointment Committee - (2 positions) Budget & Review Committee (3 positions) ... Faculty Student Relations Board -(3 positions) Law Library Committee -(1 position) „,Mitchell Lecture Committee - (1 position) ,-, - ,-. . Planning Committee (2 positions) Public Interest Interns/Fellowships Committee (1 position) Special Needs Committee - (3 positions) Special Programs Committee - (3 positions) - "Recipefor Success": (L. to R.) Leifert, Dec, Jewett, Fazili, and Cox. Bill Paxon andLouise Slaughter, local MemDoyle, rising to the position oflitigation paralegal involved in the coordination of many bers ofCongress, were great practice honing the debatingskillshe'llneedontheSßA. After graduation from law school, Sandy's goal is representdoctors, lawyers and indianchiefs, as well as people whoaren 't related. Sandy has come together with the other ingredients of the Recipe for Success team because he believes that, despite theirdifferences, working as a team in a non-competitive manner is the best way to serve theneeds ofthe wholefirst year class. Steve Cox, IL Another ingredient in the Recipe for Success, Steve Cox, ofUtica, NY, isseeking the position of 1LClass Director to work on expanding the orientation process to Law School fornew students. ''Without necessarily making the process any longer," he explained, "we could offermore small group types ofdiscussions or specializedmeetings toaccomodate a broader Student Association ofthe State University (SASU), and as an insurance agent withPrudentialand Nationwide Insurance companies. He is married with two children. Active in Democratic politics foryears, Steve worked in theNew YorkState Assembly during college and managed a campaign for Assembly in 1980.In 1984,hecoordinatedtwo congressional districtsfor Senator Gary Hart (D-Colo.) during theNewYorkprimary. Hehas servedas chairman ofthe WhitestownDemocratic Committee since 1988and, in 1989,ran fortheofficeofOneidaCountyLegislator from Whitestown. He is not and never has been a memberof, or president of, the HairClub for Men. Steve has come together with theother ingredients ofthe Recipe for Success team because he believes that, despitetheir differences,workingas a team in anon-competitive manner is thebestway to serve theneedsofthe whole first year class. SBA Standing/Ad-hoc Committees: ( no set number of positions) American Bar Association Committee on Child Care Commencement Committee Course Evaluation committee Faculty Student Association Research and Writing Committee Recreation and Intramural Committee Social Committee Student Health Advisory Committee Student/Alumni Relations Committee Applications Available Outside of 101 O'Brian Hall Due Wednesday, September 29, 1993 at 5:00 pm **** Speak to a SBA Executive Officer for more details **** *■ September 21,1993 The Opinion 7 �1993-94 SBA Class Director Candidacy Statements f *\ 2Ls > < Victor Bobet, 2L Dear Constituents: Christin Horsley, 2L Hi! MynameisChristinHorsleyandl am running for SBA Class Director. On September 22 and 23, you will be asked to makeadecision thataffects andhelps shapeyourlawschoolexperience. Thatdecisionis the election of your class representatives. I am asking thatyou place your vote for experience, motivationand asincereattitude. ThisiswhatyouwillgetifyouvoteforChristin The message that I wantto send to the Horsely. entire student body is that the Student Bar During the past year, I servedas one of Association cares about theintegrityand standyour class representatives. This experince ing ofour law school. To this end, I intend to afforded me with a familiarity with operathe make sure that we do all in our power to tions ofthe SBA. To this I can add my enthuimprove the quality ofthe many clubs and siasmand ability to work withothers inhelping associations that SBA funds. One issue that to guide the SBA through the coming year. concerns me isthe nationalranking ofour law Let me be your vote. Vote Christin school. If you have notchecked lately, weare Horsely. not exactly top twenty in the country. I'd like to know whatthe student body feels about this and whatmeasuresshould betaken to dealwith this problem. Remember that once the job search is on, thereputation ofthe school that youcome from canbejustasimportantasyour academic achievements. These and other issues are ofparamount importance to me, so when youare going to vote, just useyour best judgment Nicole Holder, 2L Dear Colleagues: Apathy is no longer a solution to today'sproblems.Far toooftenmany ofuslead "a life of quiet desperation" and become apathetic whenproblemsarise. Asyour class director, together we can put an end to this cycle, and enhancethe future ofUB law school notonly forourselves butforfuture generations to come. Ifelected I will work to ensure that yourconcerns areheard by theadministration. I, Nicole Holder, ask for your support in the upcoming SBAelection because together we will make a difference. Walter Johnson, 2L Who am I? Why am Ihere? Ihave neverrun forany official position, Hear Your Candidates & Ask The Questions n(D % j-j- rv~*. (Forum * Cardmates nor have I everheldany officialposition; and, humbly, I do not think that the fact of my inexperience is irrelevant. I do, however, hold strong to one position which I feel is most important: getting people involved. Personally, I've spent much of my life feeling marginalized withinmy society: Simply stated, Idon'tliketo feel marginalized, and I believe thatmany others feel this way as well. So whatCAN astudentgovernmentdo? I'Vealways generally believed thatthe answer was NOTHING. But, lately, I've become wUling to suspend my beliefs, test the waters and adhere to the usual,m mundane matters that student governing bodies attend to: namely budgets andsuch. Thesemundane matters are notperceptibly hard *though possibly timeconsuming and stressful)and I'm quitewilling toassume theseresponsibdities; butthey are not the reason for my decision to run. As aClass Director, I wantto do someof thing substance: I wantto know a11270-odd opinions, beliefs, desiresand motivations that my Class holds. I want to help formulate, organizeand addressthe things you think ought to beaddressed. I want everybody to know everybody and will work to facilitatethis goal. We will be colleagues for life: Conservative andLiberal; Radical and Reactionary. In the "real world " (ifthere is one),wew illbe in one ofthe easiestpositions to govern our society; forthis reason, I feel thatweneed toknow one another and weareresponsible forknowing one another. Ourparticular opinions, beliefs, desiresandmotivation (andthe ensuing diverse organization) will naturally flows from this source ofcommunity; butthe senseofcommunity must come first. Itismy hope thatI can help generatethis of sense community. David Nemeroff, 2L Definition: Class Director(klas-di-rec-tor) 1. One whoposses the driveand ambition to gets things done. 2. A representative who listens to his/ herconstituents andmakes THEIR voiceheard. 3. An experienced leader. Whichcandidate for Second Year Class Director best fits this definition? Answer: DavidNemeroff VoteDAVID NEMEROFF for Second YearClass Director. Darryl Salas, 2L Hi.I am Darryl Salas. You won't catch me sleeping on the job! oops. Have a Voice in Student Government!!! CCass (Director (Elections Tuesday, September 21,1993 Wednesday, September 22, 1993 Thursday, September 23,1993 3:15 pm 9:00 am - 4:00 pm Room 109 - They Represent You 8 The Opinion September 21,1993 Outside of Law Library Each VoteMakes ADifferencelll �Alumni Spotlight: David Ziegler andVolunteer Lawyers Project bySharon Nosenchuck, iNews Editor such things as fanuly law, bankruptcies, divorces, support matters, custody, and other law school in orderto bealawyer? WeD,guess matters. Thereare many advantages to volunwhat, you're wrong. David Ziegler, a staff the'VolunteerLawyers is at VLP, Ziegler said. For law students, Project, teering attorney at alawyerwhonever graduatedfromlaw school. advantages include receiving anopportunity to David Ziegler startedatUBLaw School getreal experience,advised Ziegler. In some in the late 19705. After completing his first cases, thatopportunity can includerepresentyear oflaw school, he then took a number of ing clients in unemploymentinsurance cases, leaves ofabsence. After completing almost notedZiegler. VLPhasahighturnover.stated two years oflaw school, Ziegler wentto work Ziegler,and he encourages students to contact for a Buffalo law firm ina clerkship program. him to see ifa volunteer position is available. This firm sponsored him to writefor the Bar. VLPrequkesarrunimumtimecommitmentof Ziegler, whobegan law school in hislate 20s, two-and-a-halfdaysperweek, said Ziegler. said that hefound UBLaw School "anot very VLP accepts newly-graduated law practical place to learn the law." He ex- students as volunteers, Zieglersaid. For graduplained thatby pursuing the course thathedid, ates who have not yet passed the Bar exam, he got the benefit of earning money and got VLP can be a good place to learn skills and experienceat the same time. However, he said "looksgoodonaresume," saidZiegler. Parathat he enjoyed law school. Professorswhom legals are encouraged to volunteer atVLP also, Ziegler especially liked whilehe wasastudent Zieglernoted. at UB included John Henry Schlegel, Fred Ziegler wouldliketoseemore attorneys Konefsky, Al Katz, and JanetLindgren. volunteering at VLP. Attorneys can help outat Zieglerwasadmitted to theBar in Janu- VLP in two ways, he said. Some attorneys ary 1990andworkedinprivatepracticeuntilhe choosetocomeinto the VLPoffke. These are began his job at VolunteerLawyers Project. generally new attorneys looking for experiVolunteerLawyers Project (VLP) isapro bono ence or attorneys who are changing their area legal aid provider. Sponsored by the Erie ofspecialization,Zieglernoted. They receive County Bar Association, VLP helps low in- a chance to sharpen their skills by working on come people with legal matters of a civil cases, he said. nature. VLPmatches low incomeclients with Volunteering at VLPoffersadvantages attorneys inthecommunity. Potentialclients to experienced attorneys, also, pointed out are interviewed by VLP to determine if they Ziegler. By volunteeringat VLP, lawyers are are eligible forVLP'shelp. VLPisoneamong ''freed from the ideaofbdlable hours, "noted several providers oflegal services to low in- Ziegler. The greatest reward is the feeling of comeclientsinErieCounty. Otherproviders satisfactionfromrepresenting people whowould include Neighborhood Legal Services, Legal otherwise be unrepresented, enthuses Ziegler. Aid Society, andAssigned Counsel Program. He notesthatNewYorkisnotamandatory pro These providers, including VLP, havearrived bono state and there is no requirement that at a division of legal services. VLP handles attorneys do any cases for free. Did you think thatyou had to graduate Conratulations! ÜBLaw Review is pleased to announce its new Associates for 93-94 year, Associate List Caryn B. Adelman SaraS.Ashcraft Gretehen P. Ay Iward JohnF.Bolton JeanR Brenner Jeffery J.Calabrese JenniferL Cardamone JayChatarpaul PaulT. Darcy Erich de la Vega Amos S. Edelman Shirley Fang William P. Farley Susan J.Fernando AlanaM.Fuierer Thomas D. Glascock Brian A. Goldstein Pamela N. Goldstein Stuart J.Graham CharlesD.Grieco EdwardV.Jeffrey Michael R. Jung JoeKhanna RobertM. Kitson lauraG. Kniaz Karen E.Leonard David P. Leve Alisa A. Lukasiewicz JeffreyA. Meyers Leslie S. Pearlman Leslie A. Ringle Alan B. Rosenthal Charles W.Russell Jennifer E. Schantz Julia A. Solo Kevin D. Szczepanski Jeremy C.Toth BernadetteWeaver-Catalana Robert Elardo, managing attorney at and Ziegler's boss, noted that the best VLP timefor students to apply to volunteerat VLP is at the beginning and the end ofthe semester. Elardo, voicing the complaintofmany in public interest work, said that at times he getsburned out,but overall,he isluckybecause VLPhas continually hadnew challenges duringthe timehehas workedthere. He saidthat manyencouraging thing shave occurred during his tenure at VLP thathave revitalized him. Zieglerand Elardooffered someconcluding advice to law students. Ziegler advises students not to be discouraged ifthey don'thaveajob, because eventually the market will turn around. Elardo advises students to volunteer at VLP, noting "not only will you meet your ethical responsibility and do something with your law degree, but you will make yourself more marketable." He said thatnot only will thevolunteer experienceat VLPallow' 'youto dealwithreal people and theirproblems, but also, it is an invaluable experience that can help to separateyou formothers whoare looking for jobs.'' Employers look favorably on those who volunteeratVLP, saidElardo, because itshows thatthe personhad the initiative to go outand' 'try to do something instead of justsittingaround.'' Interested in volunteering at VLP? You can reach David Ziegler at the Volunteer Lawyers Projectat4o4 NiagaraFrontier Building,29oMainStreet,Buffalo,NY, 14202,(716) 847-0307. Remember, VLP continually needs bothattomeysandlawstudentstovolunteer. If there are no volunteer positions available at the time you apply, something may open up soon Blum may be held in contempt byPaulßoalsvig,. Editor-in-Chief The ongoing lawsuit of former UB Law School Professor Jeffrey Blum against variousmembersoftheUß Law School (Blum v. Schlegeletal.) has recentlytakenastrangc turn. According toMagistrateJudgeCarolE. Heckman, it seemstheformerlawprofessor hasusedafew choice wordsin hiscorrespondence to other law professors to describeher lack of integrity and credibility. Judge Heckman is the federal magistrate judge in Buffalo whohas been ruling on Blum's pretrial motions (in our last issue wereported that on one such motion, the interview tape madebytheOpinion'sPhotoEditorwasheld protected from discovery). JudgeHeckmanapparendy didnotappreciateßlum'saccusations that sheis "confused' ' about thelaw, treating his case inan "unethical manner", orthatshe is a "crank judge. In retaliation to what she felt was disrespect to the court, Magistrate Judge Carol E. Heckman several weeksago asked hersuperior, U.S. District Judge William M. Skretoy, to considerbringing contempt-ofcourt sanctionsagainst Blum. In a recent 19-pageruling, Heckman notedthat' 'In this litigation in general, and on this motion in particular, plaintiff has demonstratedcomplete disrespectfor judi| cialauthority. Furthermore, sheadded,' 'He hasrepeatedly made unsupported accusations and threats againstadjudicatory officials. He has unjustifiably challenged the magistratejudge'sintegrity.abUityandwillingness to perform as a judge because he disagrees withrulings. In an interviewwtththeBuffalo News, Blum denied the allegations: "I've never done anything to show disrespect for the magistrate judge". He did however, admit thathefeltshe had "misinterpretedthings'' that he had said, and that her rulings were unfairly suppressing his efforts to get' 'key evidence" forhis case. Room Reservation Policy for Law Students It is essential for the Law Library to provide quiet places wherelaw students can access research materials and write and itis also essential that the Law Library provide group discussion spaces. Therefore, in coop- eration withthe SBA, theLaw Library is in the process of starting a reservation system to secure the use oftheLaw Library' scarrels'and conferencerooms forlawstudents, announced Ellen Gibson, Director ofthe Law Library. Beginning around September22, law students with I.D. will be able to reserve carrels and conference rooms. Gibson thanked the SBA for funding locks and keys for this project. When the new system can begin, a description ofthe reservation procedures will be placed in all law studentmailboxes. Except during examperiods, carrelsmay be reserved for up to one week. Reservations may be renewed if others are not waiting. However, ifthe carrel isnotneeded forawhole Sheffer Appointed to UB Faculty by Sharon Nosenchuck,.News Editor OnMonday, September 20, Dean BarryBoyerofthe LawSchool announced thatNew York State Senator JohnSheffer has accepted an appointment to the UB faculty, beginning January 1,1994. Sheffer will be a Senior University Fellow with teaching and administrativeresponsibilities,buthe will be focusing on thecreation ofanew jointJD/Ph.D.program between theLaw School and the School ofArchitecture, saidBoyer. Boyer said that the appointment became final over the weekend, so that Shcffer'sresignationfrom the Senate could bearmouncedonthemorningofMonday, September2o. Thiswasnecessarysothat Sheffer's seat can be placed on the November ballot. Sheffer's acceptance of the position ended speculation that he would accept nomination for the State Supreme Court, Eighth Judicial District. WhileapreviousUniversityprograminpublic policyhad become defunct, thereremained faculty interest inre-opening such a program because it gives studentsinterested in public policya grounding in law-related discipline,said Boyer. In the spring of 1993, the University, already discussing the formation ofsuch a jointprogram, heard thatShefferwas consideringleavingthe State Senate andthat one option he was considering was an academic appointment. Boyerand Dean Headrick met with Sheffer to discuss Sheffer's interestand how itwouldrelate toapolicy studies Ph.D. Theoutcomeof these discussions was a package put together between the Law School, the Department ofArchitecture and Planning, and theProvost's Office, said Boyer. Sheffer, a Republican from Leßoy, isretiring from state serviceafteratenure ofalmosteighteetfyears. The primaryrole ofSheffer' snewappointment, saidBoyer, wdl be to create this new program,which willrequire the cooperation o fboth faculties. Boyer noted thatalthough this program is ofprimary interestforstudents in the new JD/Ph.D. program, it will also create newcourses open to the general JD studentbody. Thisappointmentwillbeof interest to all, as Sheffer will be teaching cross-listed courses. The firstclass ofthe newprogram will enter in thefall of 1995. Boyer said thatmuch ofSheffer's work.in the State Senate wason environmentalmatters, a rapidly growing area of the law,' 'so thathe (Sheffer) canbuildour strength in that area as well.'' Since 1989, Shefferhas represented die 60th Senate District, which covers Genesee County and partofErieCounty, in the New York State Senate. WhUe in the Senate, Sheffer was the Chair ofthe Committee on Tourism, Recreation & Sports Development and Chair of the Higher Education Subcommittee on S.U.N.Y. Access. From 1979 to 1988, Sheffer wasaNew YorkState Assemblyman, representing the 142nd District. In addition, since 1974,Sheffer haspracticed withthe law firm of Sheffer, Murphy & White in Williamsville, New York. Sheffer'senvironmentalexperiences include his chairing of the Senate Task Force on Zebra Mussels since 1990 and passage of the Great Lakes Protection Act. A graduate ofSyracuse University SchoolofLaw in 1973,Shefferwaseditor- week, thekey maybe returned earlier. Conferencerooms may bereserved forblocksoftime. The Career development Office willreceive priorityforscheduling employmentinterviews in conference rooms. Carreland conferenceroomreservations can be made in the office of the Law Library, Iris Reese, room 208 (in the corner behind theReference Desk). In the evenings and Saturdays,reservations will behandled by the Reference Desk. Hours whenreservations can be madeare: Mondaysthrough Thursday BAMto9PM Friday through Saturday 9AM to SPM Noreservation service on Sunday. Until a secure key drop box is installed, keys must be returned duringreservain-chiefofthe Syracuse law Review tionhours. Once the box is installed, keys may be returned in this box, which will be located rAifi;;,'iy»/.'n/|.".«vri',j/ri fw.wr-w/.J r>Wtill* t'nh print outside room 208 anytime the library is open. putUl.itUHii'!<■ Penalty forlatereturn ofkeys will be $ 5 per day. Thefee for a lost key will be $ 10 September 21,1993 The Opinion *•• 9 �, Union, continuedfrompage 1 events scheduled at day from whenthe campaign was initiated in January untilitendedinmid-July. Theybraved the harsh w interofßu ffaloand then theheat of this past summer. Neither snow, rain or cold winds which changed into ahotsunand muggy days fazed them. The janitors campaign involved many different facets that lead to its ultimate success. First ofall, the janitors leaflettea and picketedeveryday. Thiswasinordertoinfoim and get involved the tenants and consumers of the Statier as well as the local citizens and taxpayers ofBuffalo. The janitors were creative in this endeavor. P.S. Elliot brought the union before the National Labor Relations Board (the Board or the NLRB) inan attempt to stop or at least limitthe janitors' picketing in front ofthe Statier. A fter being tied up in this legal scenario, the Board found against the union and used the labor law ' 'reserved gate picketing" case law to limit the janitors to picketing at a side entrance offof Delaware Avenue, which allegedly was the only entrance Elliot janitors used to enter and exit work,and away from mostofthe traffic which emanates intoand from the Statier. However, the janitors took this legal set back in stride, and utilized the case law which allows for lcaflett ing in alabor struggle at the worksite. Notonlydidtheyleafleteveiyday,though,they also usedcreative methods to inform the public. Mondays were often"chair days" as the jamtors and theirsupporters satin beachchairs in front ofthe Statier. Tuesdays often found themall wearing theirunion " Justice for Janitors'' tee-shirts. And the rest ofthe week the janitorseitherpicketed at the side entrance or were circulating apetition whichhundreds of peoplesigned in favorofandsupporting their right to get their jobs back. The janitors and theirunionalso usedothercreativemethods to putpressure on the owners ofthe Stader Towers and the non-union subcontractor. The methods employed included candlelightvigils outside the budding, rallies atnearby Niagara Square, marches through thebudding's lobby, visits to the tenants ofthebudding, and picketing Mr. Elliot'splaceofbusihess, house and private club. The janitorspicketed in front of Mr. Elliot's house and marched through his neighborhood after they had named him the 1993Buffalo "Enemy ofJusticeforJanitors.'' Secondly, theunion builtupon thiscommunitysupportandputpublicpressureonthe owners ofthe Staderand its manager, Mr. Bob Zugger, to dotherightthing and givethe union janitorstheir jobsback. Mr. Zuggerseemed to be caught in the middle, between the new owners who initially steadfasdy refused to rehire the union janitorsandthe janitors themselves, one of whom even played with his children when theylived in the buildingmany yearsago. Thiscommunitysupportgrewlarger as the struggle ensued and culminated in the ownersrealizing that they were not justdealingwiththirteenjanitorsand their union-they were also dealing with the concerned citizens and taxpayers ofBuffalo who realized what was really happening at the Stader and were concerned enough to do somethingaboutit. Thexommunity support grew beyond the petition signing in support ofthe janitors getting theirjobsback. A bigger piece ofthe community support, and perhaps what ultimately led to theunion' s success in gettingthe janitorstheirjobsback was the boycott ofthe Stader. Many organizations canceled their Who needs sleep, anyway? 10 The Opinion September the Statier and others stoppeddoing business there. Theboy cottwas highlighted and reached an infamous pinnacle whenonMay sth,GovernorCuomo honoredthe boycott and refused to cross the picket line, thereby canceling a scheduled appearance to speakat the Statier to over ninehundred Erie County lawyersatahmcheon. Thisbrought the strugglebetween the unionand the owners to a bod,and thereaction thatresulted from this in large part led to the eventual successful settlement. The janitorsalsoreceived atremendous amount of support and solidarity from other local unions in Buffalo. In addition to their fellow union brothers and sisters,the janitors were aided fromlocal community groups and religious organizations such as Citizen Action, the Coalition for Economic Justice, the Western New York Peace Center, and the Western New York Centerfor Occupational Safety and Health (WNYCOSH). All these fellowunion membersandconcerned citizens often walkedand stood withthe janitors on the picket line and at various rallies at Niagara Square, across the street from the Statier. Moreover, local legislative members such as CommonCouncUPresidentGeorge Arthurand County Legislator Crystal Peoples were invaluable in their support ofand help to the janitors. Withthe pressure from the boycott, the leaflets, the unions, the citizen groups, the istIncorporation,CSI, which is run by Mr.Gary McCarthy and islocated in Downtown Buffalo justaround the cornerfrom the Statier. When the janitors finally returned to workthis past August, many hadrealized the fruits oftheir labor. They had won. These thirteen union janitors had stood up for their subsiding theprofits ofthenon-union subconWith the help oftheir union they got jobsand tractor, P.S. Elliot. The non-union janitors themback. There truly was justice for these no received minimum wage with health care, vacation This janitors. job security, or pension benefits. forces these janitors to have to work two or three jobsjust to make ends meat and to have AFOUNDATION TOBUILD UPON With this success at the Statier, the food on the table and be able to pay the rent. union, SEIULocal 200-C, iscurrendy attemptThosethat do not workmultiple jobsand even to thenon-union janitorsin downorganize ing some whodothuswind upneeding governmentown or Buffalo. With a union and a contract, tal support such as food stamps welfare in tax these low-wage, hard-working janitorsthen orderto survive. Thus, our dollarsare used to subsidized the non-union subcontractor's may beable to not have to work multiple jobs profitsby itusingnon-unionjanitorsandpaying and get offofgovernmental assistance. Furthemminimumwagewithnobenefits. Thisis thermore,through organizing andjoining the true because these low-wage, non-union janiunion they would get health care, jobsecurity, tors who dohaveemployment stillneed ourtax pension, seniority, and vacation benefits. In addition, through organizing and joining todollars just to survive. The Justice for Janitors Campaign and gether in the union, these janitors would be the community pressure eventually led to betterable to stand upagainstthe owners and meetings between the union and the owners. subcontractors. A singlejanitoragainstthese Mr. Arcadi, one ofthe American ownersand large investorsand employers standsalone. A evidently the spokesperson forthe ownership unionjanitorstands withalltheothermembers group.thenagreedinMid-Julytorehireby Mid- ofthe union, the other local unions, and the Augustthe janitors,givingthem theirjobsback community groups and citizenswho support theright forjanitors to receive fair wages and withallbenefits. The union janitorialsubcontractorthat wasbrought inis Contract Specialbenefits and to truly have justice for janitors. local legislators,and the community, theowners were eventually jolted into cleaning up their act and rehiring the union janitors. The Buffalo community eventually realized thatwhat was happening was thatthey, as hard-working citizens and taxpayers,were tayation inßarMew: II TTie flow Chart Course I1 Mutual Assent I Fonriafon [ Consideration \ I I No Rjrmation I �The Docket Announcements *Lt»k, C*t«+i £.**«* rf u/aj a simple M* m -Ma /icck, kd M< DA *S History Professor to give speech Ralph Raico, ProfessorofHistory atthe State University College ofBuffalo will be the guest speaker on Thursday, September 16at 7:30 at Dandelion's Restaurant 1340 North Forest Road (at MapleRoad) in Amherst, NY. Dr. Raico willprovide anoverview of thelibertarian movement in the United States from a historical perspective and give his views asto its futurerole within theAmerican political system. Theaddress is co-sponsored by Voices ofthe Nineties, anindependentconsortium of libertarian-oriented writersand speakers,and Americans forFreedom ofChoice, afreemarket policy analysis group. Admission is free and open to the public. Snacks andrefreshments willbe served. Volunteers needed for Phonathon Volunteers are needed for this years AlumniPhonathon; lastyearweraised arecord ampunt ofmoney. The Law School relies Buffalo Old Boys Rugby Position Available Activity Fee Waiver Interested in burning offsomelawschool Position: Student Wide Judiciary Chief heavily on private funds to help supportprostress? Consider joining the local men'sclub StudentCo-Defender grams such as Moot Court, the clinics, Trial team, the Buffalo Old Boys. Practices rugby Responsibilities: Representation ofany Technique, theEmergency StudentLoanFund, held on Tuesday and Thursday evening in the StudentWide are student's defense and even the library. The 1993 Phonathon at the club's home field in Delato the court's byfrom 6-8:00 Mustadhere Judiciary. location and dates are as follows: Hodgson laws and existingregulations. Work with warePark(nexttothezoo). Games are played Russ, OneM&TPlaza, Tuesday and Wednesat 1:00pmand thefall the otherChiefStudentDefender and Group on afternoons Saturday daySept.2l and22;Monday,Sept27andWed. runs until late November or early DeLegal personnel. Reports to the director. andThursday Sept. 29 & 30. Phillips Lytleat season cember. The Old Boys are the class of the Compensation: Monthly stipend. MarineMidland Center, Tuesday Oct sth.and Upstate League which consists ofteams from Thursday Oct. 7th. and again on Wed. and Syracuse,Windhover(Albany), and RochesApplications can be picked up at the Thursday Oct. 13 and 14. All callers should Last team Sub ter. was undefeated and Board I Business Officeand theLaw year, the arrivebetween 5:30-5:45 p.m.Freeparking and School CareerDevelopment Office, and participated in theNortheastern Club Champiacomplementary informaldinner will be promustbereturned to the SubBoard IBusiness onships held in NYC. This year, the champivided. You will be provided with a script to Officeby 4:3OPM, September24. onshipswill be held inBuffalo the weekend of help you in making calls. November20th. The winner earns the right to Please let usknow- Box 8460rR00m318 travel to North Carolina the first week of O'Brian. December to compete intheEast Coast Final Four. And there's more... New players are always welcomeand no experience isnecessary. Onecanpickupthe WHAT: JessupInternationalMootCourt Furthermore, there is no game quickly. WHEN: Today, Tuesday Sept 21; 3:45 p.m. as theclubfields 3 sides for rugby 'bench" in ' WHERE: Room 106 each weekend. player will geta game. Every THE LOWDOWN: Win the chance to post-game Also, the festivities will be sure to represent UB at the Northeastern Regional sure thosetextbook blues.'' Jessup Competition. UBLawAlumni whohave played forthe OldBoy s include Cartermann'9l, who is now WHAT: Film:' 'THE PANAMA DECEPa star for the American Patriots, the U.S. TION" jf / WHEN: Wed. Oct. 6; 7 p.m. WHERE: 106O'Brian THE LOWDOWN: Acadamy Award Winnerfor Best Documentary, an expose of the 1989invasion. WHAT: Getting a Legal Job WHEN:Thurs.Sept.23;3:3op.m. WHERE: Room 109 THE LOWDOWN: A career information program Sponsored by UBLaw Alummi representative in Australia's Rugby League, Dan Drury '92, and John Jablonski '93, last year's team captain. Joinsome distinguished alumni and have a little fun these threeyears. For further info, drop a note to I Contact the Student Bar Association Forms are available at the SBA Office 101 O'Brian Hall Waivers are based on financialhardship and out oftownresidence only. Deadline for submission ofapplication Monday, October 4,1993 at 4:oopm Warning! Crossword Puzzle \ Answer \\I CROSSW RD» Crossword |A|N|T|l|CWS|T|l|F|fßa|o|ol El*noßm J_ N O RMT A X. llsTk _j_ M bJBI \\\ Jeff \\\ Calabreseinßox#3ss,showupatpractice,or come to agame. No commitmentis necessary, justcheck itout! O W NfSIM E — I Tl /// —— - £ X JjBfuBLL ~L X ff D R*£. £ dMe ma A.ls|3*i.El flAy kI A£M£E c ££AlMl££ \\\ \\\ fl\ D EIB AI E|SC A mMeIl 0 PL£ £I£. A 1 T3. i £■■ ROJ.SIO T H E Rj| M AEIA B. A 1 £ ±MAMA flip £A ENE AY W. W, /// /// /// I I If /// /// fly CO«T iMI L. A T E |p|l|yMe|s|s|e|sßd|e|t|e|r| CONGRATULATIONS to the NewBoard oftheInternational Law Society! Luke Bellocchi, President SharonNosenchuck, VicePresident GOLDGroup Sorry, there's no more ///I . for Law Students Jen Tenebruso, Treasurer ... -_ ___ ___ —— —— - — —— — — —— B k f\\g _-.__--_ Free Opinion Coupon! Good for a special opportunity to join our organization. y f^l > «« September 21,1993 | 1 m\,J%Mm Don't pass this opportunity by! (It won't come againmitU next issue! \f —— j « ■. .;-.-.-. «. j The Opinion ™__«.«i 11 �WE'RE NOT THE BEST BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3f1dc4d6ce216bc1c9d01893c159c712.pdf 9e82f6fafbe08d2c8ef9da9e36d4e699 PDF Text Text O THE PINION October 5,1993 STATE UNIVERSITY OFNEWYORK AT BUFFALO SCHOOL OF LAW Volume 34, No. 3 Out Flanked! PhotobyDan Harris ResulI tTAhr n... Law Students Elect Their Class Directors byJeffreyA. Schoenborn TheUßLaw community is surelybreath- Members oftheLesbian\Gay\BisexualLaw Studentskept the NavyJA G Corprecruiters at bay yesterday,forcing the cancellation ofinterviews thatfellow students had with the Navy reps. The ban on gays in the military was thereason for theprotest. SeePage 3. ing easiernowlhatthe voteshavebeen counted. Students can say''The University at Buffalo SchoolofLaw" withconfidence thatit'sbeing saidright. The "Parliamentarian/OfficeManager' ' can finally get down to the business that the title describes. Most importantly, the new ClassDirectorsofthe Studentßar Association can start working towards theircampaign goals, some ofwhich were voiced during an open forum the day before elections. Third Year Class DirectorChuck Greenbergtoldabout 2 5 spectators that he wants the SBA to push for change in the school's grading system. "I really think it's time the administration returned to weighted grades and giving grade points so UB Lawcan be more competitive,'' Greenberg said. James Lynch was the only otherThirdYear Director to speak atthe forum, and he emphasizedboosting thelaw school's image to make getting a job easier. The soleSecond YearDirector to speak agreed withLynch. "The betterthereputation and ranking .Results, continuedonpage 8 1993-943L CLASS DIRECTORS JamesLynch (46) Chuck Greenberg (25) �Kevin Collins (10) Joe Antonechia (8) �Dan Harris (5) �HelenPundurs (3) * 1993-942L CLASS DIRECTORS Christin Horsley(69) Marjory Avant (66) Nicole Holder (64) Darryl Salas (64) David Nemeroff(56) Victor Bobet (56) 1993-94IL CLASS DIRECTORS BenDwyer(ll3) Sue Etu (97) Sada Manickam (92) Reda Austin (80) Elizabeth Jewett (73) Craig Brown (63) .. Cheney Condemns Americans' Shortsightedness bySharon Nosenchuck,..News Editor Defense and foreign policy must be a priority in the years ahead, saidDick Cheney, *signifiesawrrte-incandjdato () signifiesnumber ofvotesreceived and defense issues andagrowingresistanceto thingslike NAFTA. He noted thatthe American public has increasingly been focusing on former Secretary ofDefense under the Bush domestic concernsratherthantheworldaround Administration. • us. Cheney,whoheldhispost inthe Cabinet Cheney kicked offthis year's Distinduring the Persian Gulf War, listed several guished Speakers Series, addressing anaudience in Alumni Arena last Tuesday. misperceptions thathefeels contributes tothis Cheney, appointed Secretary ofDefense focus away from international issues. He in 1989,spentmostofhis time discussing two suggested that it is wrong to think that the issues-howmuchmiUtary is enoughasaresult outeomeoftheColdWarwaspre-ordained. He ofthe end of the Cold War and when is it explained that many think that in the end, Communism was doomed to collapse ofits appropriate to use the militaryand putAmeriownaccordanddidnotneedU.S. effort Cheney cans into combat. Withthe end ofthe Cold War,there was deniedthis, saying that U.S. leadership was a' 'turning inward" across the United States, needed to end the Cold War. Discussing the last Tuesday said Cheney. Several manifestations ofthis problemsoftheformerU.S.S.R, Cheney noted FormerSecretary ofDefense Dick Cheney addressed UB students photobyßenKason turninginward thatCheneycitedincluded the that the former Soviet republics will have to dangerousnuclear weapons. He warnedthat authority that the U.S. has. Movingontothesecondtopicofhistalk, sort outtheirproblems over the next 10to 30 the U.S. must be concerned and involved in fact thatthe 1992Presidential Campaign concentrated more on domesticthan foreignpolicy years, all the while having a stockpde of these developments inthe newrepublics and Cheney discussed the question ofhow much that the U.S. must support these fledgling military does the United States need. He democraciesand theirfree marketeconomies. argued that thenation needs enoughmilitary to Student Groups Part In International Rally Cheney told the audience that "we have no deny an adversary controlof the globe. This Leads Anti-NAFTA Protest ''requires theU. S. to maintainacertain modichoice but to be involved.'' byJoeAntonecchia and that Cheney cum ofmilitary capabdity," states Cheney. A second misperception ing social consequences o Kevin P. Collins, Managing cites isthattheUnitedStatescanletsomebody " Wehave alreadymade theadjustment forthe the North American Free Editor else take responsibility. Some say that the endoftheColdWar." TradeAgreementfNAFTA) Members of theLabor President Clinton wants to take these nationswho benefittedeconomically fromthe forthepeopleofallthreecounmployment Law Assocuts and make them faster and deeper, critipeace thatthe U.S. has provided should now tries. ciation, the Law Students for cizedCheney. He finds a problem inthe way carry the burden, stated Cheney. However, he The breakfas Corporate Accountability, and is like Administration is imposing these the Clinton pointed out that no other nation trusted wasfollowed byapress con the National Lawyers Guild nobody else the U.S. and that has the moral ference and car caravan ..Cheney, continued onpage 9 took part in organizing and aroundtheTricoplantonMain marching in a "Not This Street inBuffalo. Here,Jack NAFTA'' rally this past Satson again strongly spoke ou urday, October2nd, inBuffalo Rev. Jesse Jackson againstNAFTA,beingjoinec and Niagara Falls, Canada. Therally wasattended byoverone thousand by national and local leaders who support 3 Students Protest Navy Recruitment American, Canadian and Mexican citizens. laborrights,acleanenvironmentandsocia 4-5 Editorials and Commentaries justice across all three borders. National Tlieday'sevents beganwithaßainbowßreakleaders included Jan Pierce, Vice President 7 fast attheBuffalo Convention Center in downA Look at New Faculty Member,Prof.Dubber. ofDistrict 1 oftheCommunications Workers town Buffalo, wherethe Rev. Jesse Jackson 9 I Ls scramble for seats ofAmerica, Jose Lalus, Education Director (founder and President ofthe National RainI I Docket bow Coalition) spoke outagainst the damag- ofthe Amalgamated Clothing and Textile .NAFTA, continuedonpage 10 Take JesseJackson , X PnotCimcsyfTh<Spw . HIGHLIGHTS .. , �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! | ■ I ■ ALL IST. 2ND OR 3RD YEARS: I I Pieper NY-Multistate Bar Review is looking I I for a few good persons to be representatives at your | I law school. If you're at all interested, give us a call. I I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I I . COME JOIN THE PIEPER TEAM!!! I * » �UB Activists Scare Off Navy Navy JAG Corps Cancels On-Campus Interviews at UB Law School byKevin P. Collins, Managing Editor Three days and 24 students worth of interviewswere canceled earlythis past Monday morning,Oct. 4,by theUnited States Navy Judge Advocate General (the JAG Corps) in response to theproposedrally byalaw student group, the Lesbian, Gay, Bisexual Law Students (LGBLS) in response to the military's policyonhomosexuals. TheLGBLS hadplannedtouseacloset (see photo on p. 1),which the students themselvesbuilt outsidethe interviewroom. Each jobapplicant/interviewee would have to walk through the closet in order to enter the interview room (interviews were scheduled to be held Monday Oct. 4 toWednesday Oct 6 with CDC lists cancellation of JAGCinterviews ers and the law student interviewees to the harassmentofhaving to walkthrough acloset toentertheinterviewroom. ABerkeley graduate himself, Middaugh statedthathe did net aMr. MikeNowakfrom9a.m.-5p.m. in Room mind protests andrespected the opinionofthe #411 ofO'Brian Hall). Thiswasto symbolize law student group. However, hebelieved that how,under both the currentmilitarypolicy on having to go through a closet in order to interview for the Navy was going too far. Whde gaysand the proposed President Clinton compromise, ahomosexual is forced to "go into the respecting the right to protest, Commander closet and hidehis or her sexual preference. Middaugh did notwant his offleersand thelaw The Navy called thelaw school earlyMonday student interviewees to be subject to whathe morning to find outwhat, ifany, protests were describedas unsafe conditions. Middaughsaid thathe found itunfortuplanned. Uponleamingofthecloset,theNavy nate thatthepeople hurt inthis situationare not decided to stay away. the ones thatmake the policy on gays in the military. Theinterviewersand the students got THENA VY'S POSITION caught in themiddle ofsomething theyhave no control over, Middaugh reiterated. He stated The decision to not come to the scheduled on campus interview was made by the thathe himself does not set Navy policy and Commanding OfficerOfthe Navy Recruiting thushe is not in aposition tochange any policy. District of Buffalo, Commander Middaugh. Policy ismade inWashington, theCommander The decision was made, according to pointed out andnot in interview rooms. Commander Middaugh did goon to state, Middaugh, inordernot to subjecthis interview- though, thatall students scheduledto be interviewed on campus will be offered interviews offcampus at the Navy Recruiting Center in downtown Buffalo,located at 111 WestHuron Street Buffalo, New York 14202. Yet the processby whichthis was to beaccomplished wasnot clear. Commander Middaugh maybe reached attelephonenumber(7l6) 846-4989. THELGBLS POSITION In a press statementreleased after the Navy's cancellation of the interviews, the LGBLS recognized thattheNavy had decided not to conduct interviews at the law school because ofthe scheduled protest. The group went on to state that the Navyrecognized the rightof students to protestand wouldnothave hadqualmsabout facing banners and placards, but that they were uncomfortable with the closet. Theposition oftheLGBLS has always been thatmilitary recruitment should not be allowedon campusbecause, according to the group,it violatesGovernor Cuomo's ExecutiveOrder#28, whichprohibits state agencies from discriminating based on sexual orientation (i.e. UB isa State law school). This, the group states, isconsistentwiththe State UniversiryofNewYoik(SUNY)BoardofTrustee's ResolutionB3-216andthepolicy ofthe AmericanAssociation ofLaw Schools. The LGBLS pointed out that law students who wish to join the Navy can still JAG Corps, continuedon page 10 ... Speaker says Media unfair to Muslims by Karen A.M. Bailey SunniKhalid, foreign affairs reporter for NationalPublic Radio (NPR), addressedUniversity at Buffalo students on the subject: Islam and AmericanMedia: A CriticalAnalysjg onFriday, Sept. 24. The lecture, which tookplace inNorton Hall'sWoldmanTheater, waspresentedby the Muslim StudentAssociation (MSA). According toMustaphaLockman, TreasurerofMSA, Khalid, a Muslim, waschosen"becauseofhis experience in the media and hisability to give specific examples ofthetreatment ofMuslims in America." Khalid expressed "alotofpride in being aMuslimand areporter." Hepointed outthat despite what he perceives as the American media's negative portrayal ofMuslims, he has no personal conflict in being a part of the industry. Heemphasizedthathisprofessional duty " is not toespouse but to provide accurate SunniKhalid, NPR reporter, spokeFriday tion,' 'aren'tMuslimsdangerous?'' truthfulnews stories.'' At this point in his lecture, Khalid According to Khalid, his professional colleagues sometimes lose the element of sarcastically mv ited hispredominantly Musaccuracy when covering stories on Muslim lim audience totake out theweapons that they should all be carrying, as per portrayals of nations or individuals. Aftercommending NPR for "being the Muslims in the media. Khalid then informed best in the business at what it does,'' Khalid them that contrary topopular belief, thegroup that has performed the greatest number of alsopointed outthat "NPR, aliberal organization that prides itselfon being on the cutting terrorist acts against the U.S. is not a Muslim edge, also falls short on fairrepresentation of affiliate, butthePuerto Rican Nationalists. He thenadded that"youwouldn'tknowthat from Muslims." he During thelecture provided several themedia." Healso noted the media's choice ofthe examples to supporthispoints. Hespokeofone editorwho insisted on distinguishing between termfundamentalist leader as opposed to Americanfollowers ofIslam as Muslimsand thatof' 'religious leader whenreferring to "those over there" [in the Middle East] as Muslim leaders. Khalid compared coverage Moslems, despite Khalid's efforts to inform ofthe Waco Texas stand-offto thecoverageof the World Trade Center bombing and noted her that all members ofthereligion areconsidthat it was an example ofthe media's treatered"Muslims." ofChristians vs it's treatment ofMusof ment Khalid joked about the resistance those in the field to pronounce his name corlims. He argued that it was understood that rectly, double check difficult Arabic names David Koresh was an extremist but Muslim beforeprinting them, or present stories onthe extremists were portrayed as being withinthe radio. He offered somesobering experiences religion'snorms. According to Khalid, problems withthe ofnot having resumesanswered becauseofhis nameand theperceptions dial are often placed finished news product can be traced to defiwith it ciencies in the newsgathering process. He explained that this is an important factor beAccording to Khalid, recently a colleague at the New York Times, upon being cause editors ofAmerican newspapers, the introduced to him, responded with theques- peoplewhodecidewhatstorieswillbecovered and who should cover them, are not a diverse group. Mr.Khalid said thatalthough diversity is verbally promoted in the media,' 'editors don'tseepeople[likemy self] at theirmeetings and are indifferent atbest to whathappens in theThirdWorld." He described, for example, several unsuccessful attempts to encourage hiseditors to cover the events in Somalia months before it became a national issue* Ironically, they only began to look at the story after the New York Times began to cover it. According to Khalid, when NPR didbegin coverageofSomalia, he had to "beg" and "fight" to be allowed to cover it. In hisview, when groups, likeMuslims, are absent from the crucial decision-making phases ofnewsproduction, there islittle opportunity to ensure fairrepresentation. According to Khalid, the result ofthisprocess is stereotypicalrepresentation and inaccurate stories. As an example ofwhathe perceived to be a biased and insensitive approach, Khalid cited a reporter whose first question to a Somaliwas''Aren'tyou happy that theAmerican troopsarehere?" He continued by pointing out that"you haveto care enough about people to let them tell their stories." According to Khalid, "a lot of reporters don'tlook at the Somalis,orother Muslimand African groups as people." He added,' 'when I look at the Somalis, I see fanuly.'' When asked whether hethought thatany news organization dida goodjobofreporting, he cited the BBC because' 'they have correspondents who comefrom the countries that they coverorwho at leastspeak thelanguage.'' In addition, hecited CNN as doing a goodjob withits " International Hour," and added that the Washington Post and New York Times werecommendable printmedia. In summary, Khalid pointed out that must accommodate therest ofthe America '' global community with a higher degree of respect especially giventhe changing demographics (noting that population growth is occurring inThird World countries at a fasterrate than it is in the West).'' Healso emphasized thatthepublic actively demand fair representation and coverage in the media. Moot Courts Clash on Nat'l Comp. Requirements by Karen A.M. Bailey As thisyear's aspiring winners prepare for the annual Desmond Moot Court Competition, there's a bitmore in the air than the usual heat At issue isa requirement that limits participation in national moot court competitions to those on the Buffalo MootCourtBoard. Thecontroversy firsttook onapublic nature when Doug Sylvester, Jay Fleischmanand SimonConte wrote aletter to the editor,'' in the last issue ofthe Opinion, opposing the requirement. The signees described themselves as "deeply disturbed bytherequirementthatthe' 'enriching experience ofmootcourtcompetition [wdl] be restricted only to Desmond Moot Court Members." According to the letter, "we allpay SBA fees,why shouldthe benefit ofthesefees accrue only to certain club members?" However, Joel Sunshine, directorof theßuffaloLaw MootCourtBoard, seesthe issue difierendy."Being on theMootCourt Board carriesa tremendous timecommitment.Ontheaverage,amemberspendsone hundredhoursparticipatinginthe Desmond MootCourtCompetition, fortyto fiftyhours on theMugel Tax MootCourtCompetition and tenhours more[theyearafter selection] running theDesmondMootCourt." He emphasizes thatno one gets paid and no one gets school credit. The one real privilege (other thanhavingiton yourresume) is tobe able to represent your school in a national competition." In Sylvester'sopinion,thetimecommitment is noteworthy buttheprivdegeof putting ' 'moot court ona resume is, by itself,alargereward.' 'Putting thaton their resumeisahugebenefitandemployerslook forit That's thereasonninery-ninepercent ofpeople do it; to get it on their resumes.'' In response to the question ofwhether the sharpeningofadvocacyskillscouklbeconsideredmotivation, hepointsoutthat' 'they [thecompetitors] enjoy the experience most ofthe time,''but skillslike briefwritingand public speaking are' 'things thatthey either learn inclass or later[upon employment]." Sylvester however, seems to consider the resume, "the one real privilege" and the national moot court competition, aright. In Sunshine'sview, ifanyonehasthe right, it's amoot court member.' 'Theadministration only allows us to send six students or three teams (at a maximum) each year. Why should weallow others to represent Buffalo after the proven ability and time commitment ofthe moot court members?" He adds, "especially ifwe're trying to send the best teams.'' For some, a quick response to this question comes from the example oflast year's competitors in theNational EnvironmentalLawMoot CourtCompetition. Dan Spitzer, now a graduate, and Elizabeth Beiring, who is inher fourth yearin a joint degreeprogramenteredandwon thenation's largest moot court competition. While neither contestant was a member of the BuffaloLaw MootCourtßoard, Ms. Beiring had memberships on no other mootcourt board According to the letter, "the competitionwas covered by the national press and the victoryby thetwo participants didmore to enhance ÜB's reputation than anything the Desmond Board lias done in recent memory." Theconcem ofSyrvesterandhis colleagues is that opportunities like this ... Moot Court, October 5,1993 continued onpage 6 The Opinion 3 �sdfdsfsdfsdf (jjjj" OPDSHON Volume 34, No. 3 October 5,1993 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: PaulH.Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Maria T.Buchanan Evanßaranoff DanHarris PhotographyEditor: ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, JoeKhanna, Tracy D. Sammarco Contributors: Jeffrey A. Schoenborn, Eric Dawson, Peter Zummo, BridgetCawley, Ben 'ierson, Shawn Carey, Karen A.M. Bailey, PaulKeaton. and CalRypken Special Thanks to ourrespective Moms andJoeAntonecchia EDITORIAL UB Law School: Time to Move It In case you haven't heard by now, there appears to be some serious discussion going onabout moving the Law School. In hisletter to fellowUB Law Alumni, President Mark G. Farrell noted thatthe Association is looking intothe possibility ofconstructing a new building complex to house the Law School towardstheend ofthis decade". We welcomethis idea.The design ofO' Brian Halland itsplacementrelative to the other buildings on this campus has resulted in noise, wear, and tearon the firstand secondfloors. Furthermore, when O' Brian wasbuilt, nobodyanticipated the need for such things as computer labs. Our law student lounges, where traditionally we hadthe opportunityto relax and discuss ideaswithotherstudents, were sacrificed in order to bring the Law School intothe computerage. The Law School building is only apartofthe larger SUNY campus. Total control ofO' Brian Hall's facilities does notrest withthe Law School, and as other departments on campus have needed more classroom space, SUNY Buffalo has steadily turned to the facilitiesofO'Brian Hall to accomodate them. This shortage of space has led to law student groups being shunted into office spaces in increasingly remote corners ofO'Brian Hall. With a large volume oftraffic on the second floor walkway, the wide area in frontofthe Law Library has gradually become what Dean Boyer terms "a University-wide flea market." We are ofcourse all too familiarwith complaint that theLaw Library facilitiesare being constantly used by non-law students. The time hascome to seriously begin to plan for ourLaw School's future, and tobegin thinking ofmoving the Law School to a better facility. We feel the University at Buffalo's School ofLaw should be moved to downtown Buffalo. There are manyreasons why we feel amovesuch as thiswould be beneficial tothe Law School. Itshould bemoved to downtown Buffalo in order to better integrate the School ofLaw with the changing needs ofthe legal community ofwesternNew York. The facilitiesofÜB's Law School should be a more valuable resource to the inhabitants ofwestern New York, and the Law School should be located whereitcan do the most good. This means being in closer proximity to federal, state, county, and city governmental offices, the court system, law enforcement offices, holding centers, otherlaw libraries, volunteer legal agencies, and of course private law offices. The vast majority of these agencies and officesare in downtown Buffalo, a trek from the SUNY campus in Amherst. Law students should have easy access to observing first-hand the real workings ofthe law, and we feel this can only bebest accomplished by letting the LawSchool communitybecome an integral component oftheBuffalo and western New York legal community. Nothing beatshands-on experience, and it is our opinion thatadowntownlawschool would provide increased opportunities forUB Law students to gain this type ofexperience. It is generallyagreed that thesegment ofthelocal population thatneeds legalhelp the mostare those less-than affluent members ofsociety, a large number ofwhich inhabit our cities. We feel the benefits ofmoving the Law School would accrue to all parties concerned: the Law School, the city ofBuffalo, Erie County, the students ofUB Law, and the western New York community. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited withouttheexpressconsent oftheEditors. TJieOpinipnispublishedevery two weeks during theFall andSpringsemesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. TheOpinion is funded by theSBA from StudentLaw Fees, TheOpinion welcomes lettersto theeditor but reserves theright to editfor length and libelouscontent. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything youwish printed under our office door. Submissionscan be sent via Campus or UnitedStates Mail to TheOpinion. SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.Bufralo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 TheOpinion October 5,1993 OpinoMailbox Protests HurtYour Peers KTo the Editor: Thereseemstobeasubstantialnumberofindividuithin the law school who feel that the military discriminates on the basis of sexual orientation. The issue is certainly not easdy resolved or even comprehended. I wouldlike to offermy viewpoint onthissubject matter.having servedonactiveduty in the United States Air Force forfiveyears priorto attending law school here atUB. Specifically, lam compelled to speak outagainst the demonstration intendedto disrupttheJudgeAdvocate General's Corpsinterviews being conducted on campus. Therights ofthosewho are consideringthe JAG Corps as a desirable option are being infringed upon and I find it very upsetting that the Law School Administration is permitting this puerile and misplaced interference to occur. I completely agreewith the application oftheright to free speech in thiscontextand I would have no objection to a demonstrationthat was truly peaceful in nature. However, theright to free speech must belimited whenits exercise results in harm to another. This demonstration is clearly designedto intimidateandharass those that wantto take part ina perfectiy legitimate hiring interview. For those ofyouwho don'tknow, the iruiitary hiring interview, thatisrequired as part oftheapplication process to the JAG Corps ofany branch ofthe service,is a criticaland heavdy weighted factor thatthe selection boardwill consider. I hope that all ofyourealize that expressing your opinions inthis mannerhas asignificantiy detrimentaleffecton the careers of those UB students who desire to enter the military. I really thought that law students were supposed to be able to understand proper and effective means to influencechange, especially whenthere may be other individual liberties at stake. Apparently wehaven'tbeenleammgthesameadvocacy skills ifsomeofyouthink that terrorism is alegitimate form ofargumentation. Concern overthis issue shouldbe directed to those that can actually dosomethingabout it notthe recruiters or candidates. If thebanis ever going to be lifted, itwon'tbebecause UBlaw students directedtheirhatred ofthemilitarytoward thoseofus who wanttobeapartofit. Even ifthisdemonstrationwereto servetheapparentpurpose ofdisruptingthe JAGinterviews, I don't see how thathasanything to do with lifting the ban on homosexuals in the military. It will only prove that some ofus don'tknow the correct methods or appropriate individuals to address. It would appear that this demonstration is being organized simply because military officers are going to be on campusand the opportunity to hurtothershas arisen. Although some wouldargue thatthetimehas come to givethe militarya tasteofits ownmedicine, I would hope that the sophistication ofour law school has not descended to that depth. If this really is a manifestation of a desire to attack the military, then go ahead and attack me. Just see where it gets you. But honesdy, I'mnot gayand none ofy ou intend to go into the military anyway-so lets just leave each other alone. - KirkObearJL ... Opinion Mailbox, continuednextpage Retraction: Sorryto lLßobertJohnson, whowelistedas2LWalter Johnson, and wholost he SBA elections. But takeit from us, you really won, andy ouw ill always be our Hall ofFamer. �Who is responsible for the rape? Introspection Features Editor By MariaT. Buchanan Back inmy high schoolyears, whenI was welfare system, but because these children stillnaiveand my opinions tended to shadow should have never become "parents" at this thoseofmy parents, I thoughtthatabortion was point in theirlives. lam innowayarguing thatapersonwho wrong. I remember a chart that my mother showedme comparing the number ofabortions conceives a child before a certain age isany performed eachyearwiththe numberofcasulesscapableofbeing agoodparentthan somealties in various wars (I'm sure die pro-life one who is older. I realize that many young groupresponsible forthis propaganda wasacparents are probably fineparents. However, I curate in its estimates). At that time, I had feel thatit is a sad situation when children are difficultyunderstanding how someone could raised by "parents " whose primary concern is the type of 'GEAR they are going to wear. reach that decision. Recently, while on theMetro, I observed Why shouldabortionbekept legal? As youknow, there arenumeroustheoriesonthis aconversationbetweenagroupoffiveyouths. subject I feel thatfor theanswer, one need only Two ofthese youths were a couple who disto observe a day onthe Metro rail. Imuststate cussed theirbaby and theirrecent purchase of thatthe following comments are my observa- baby Air Jordans. Thegroupwasontheirway tions and are not meant to condemn any parto the Galleria Mall and planned to shop at ticularrace — for the problem is cross-racial. BabyGapandFootLockerforKids. These five youths collectively could notread theirtransRiding the Metro each day this past fer ticket. In addition, they were passing summer, I was awakened to the depth ofthe marijuana around in plain view, showing no problem of teen pregnancy. Each day these respect forthose passengers around them. "parents" (who seemed to look asyoung as 14) Although it is nice to see that these would boardthe subway to go down to theRath ' 'parents'' are concerned withclothing their child, I would betthattheirchildren are being Building, the home oftheErie CountyDepartment of Social Services. These "parents" deprivedin many aspects oftheirlives. These appeared to be inneed ofparents themselves. ' 'parents'' should have been in school at the The situation disgusted me not because the time they were cruising the Galleria. Hadthey majority ofthese "parents" are a burden onthe been in school, maybe they couldhave learned Opinion Mailbox, continuedfrom to formacomplete sentence withouttheword ' 'FUCK coming outoftheirmouths. Itendtodoubtthatthese"parents"have the abtiity to nurture theirchild's educational development Howarethey goingto read Snow White to their children if they can't read themselves? These "parents" may desire morefor theirchildren, butwhat arethechances that theirchUdren's lives will differ from that oftheir own? There are no religiously or otherwise affiliatedpersons or groups inthis nationthat are going to stop thesekids from having sex. The powers that be should see to it thatthese kids have birth control available to them, not only for prevention ofunwanted pregnancies, butalso for healthreasons. Those citizensthat feel their tax dollars should not go toward such a thing, should understand that the small cost ofonepiece ofrubber can offsetthe expenditure ofthousands ofdollars spent on an individual forced onto the welfarerolls. Those child' 'parents'' who wantabetter lifefor themselves and any future children theymay have, should be allowedthe opportunity to choose the best path for their future regardless ofwhetherthat path to a better life involves anabortion ornot — page 4 Stop Glorifying Gun Usage To the Editor: Theother day as I walked downtheO'Brian Hall stairs, two signs posted onthe brick wallscaught myattention. One sign wasposted by a candidate for an SBA position. I have never met this person and, as a faculty member, have at best an attenuated interest in the SBA elections. I have to admit that I was shocked by his campaign image - the candidate witha visiblerifle or facsimile and areference to being a' 'hired gun." I am fully aware of the implications of the verbal message which the candidate was conveying astatement whichI personally believereinforces the worst images of our profession. In any case, it does not require a deep deconstruction ofthe poster toraise serious issues aboutthe casualness with which we treat violence in our societyand its intrusion into the most unlikely places. In conversations with law students about the image, several peoplesuggested thatitwasa' 'joke.'' Someindividuals maysee humor in the image. I must note, however, frommy workwithbatterers, that humor about violence is one oftheir well-developed denial mecha- - tamed a photograph ofa man (ostensibly a lawyer) with a gun holster athis hipand the challenging words "make us pay." The image was so artfully constructed that on casual glance I saw agun in the holster. It wasmy secretary, IndaKelly, who took ahardlook at the poster and informed me that therewere dollar bills in the holster. Again, it does notrequireamajorcultural analysis and critique toraise questionsabout the message and the choice of images to convey it. Dollars and the equipment we associate with a gunand therefore, violence. man eraofpost-modernimage fragmentation, recombination and recontextualization, I suppose there are no boundaries. Does itfollow that thereis no responsibility or accountability for images? Iinvite discussion through this paper orwithmepersonally about the issues I have raised. Needless to say, as a teacher whose seminar on' 'Terrorism in the Home addressesthe pervasiveness ofviolence in theU.S., lam dgspjy concerned. Sincerely, Isabel Marcus ProfessorofLaw nisms. The second poster was an advertisementforLexis which con- Open LetterTo President Greiner DearPresident Greiner: OnWednesday, September 16,1993, you appeared on aWBFO call-in show. A law student' 'Anthony,'' called and asked you several questions. He firstasked about the two conservative distinguished speakers, thenabout adding "sexual orientation" to the University' s non-discrimination policy, and finally about allowing the military to recruit on campus. At no time did he state or imply that he was gay or bisexual. However, early thenext morning hereceived harassing, anti-gayphone calls. Wearenotsuggestingthatyouoryour responses areresponsible forthe actions ofthis bigot. However, we think thatitisimportantfor you to be aware that this happened, because it is indicative of the atmosphere towards gay,lesbian, bisexual,and transgendered persons on campus. Foryears, studentsand somefaculty have struggled tomake straight people on this campus more tolerant It is time for the administration to show commitment to this work. There are several simple steps thatcould be taken by you and the administration to demonstrate to the studentbody thatall studentsare welcome on campus and deserving ofbasic respect When answering questionsaboutmilitary recruitment oncampus, instead ofjustspying you are following federal law, you could mention thaty ou findthe discriminationpolicy to beabhorrent andthat the military is only allowed on campus because you have no power to keep them off. (To that extent lastyear theUniversity ofMinnesota's decision to ban military recruiting was upheld in court, and I assume they are subject to the same federal laws as New York.) *It is commendable that the University's non-discrimination policy includes sexualorientation. However, itis disturbingthatmany active studentswere unaware ofthis inclusion. We wouldlike to know * how wecan usethis policy forthis updatedversion to beincluded in all relevant campus publications. Inaddition: �October 1 lthisNational Coming-Out Day. Traditionally, itis also Gay Jeans Day. We ask people, regardless of their sexual orientation,to wearjeans in supportoflesbian and gayrights. The theory behind Gay JeansDay is thatitisaneasy way to show supportjand, since manypeople will wearjeans without knowing orconsidering itis Gay Jeans Day, itdemonstratesthatqueerpeopleare among thepopulation everyday and thatyou cannot tellbylooking at people thatthey are not straight We would like to formally invite you to publicly wear jeans on Gay JeansDay and to stop by ourtables in the SAC andO'Brian Hall to show your support. We would also like for you to encourage all members ofthe University community faculty, staff, administration, and students, to wearjeans. Establish an office ora person to be the liaison between the queer community and theadministration. We would like there to be someone wecan approach with our concerns. A recent Reporter insert from Public Safety explained their policies for various crimes under their jurisdiction. Nothing was mentioned about Hate Crimes. The lack ofinvestigation ofHate Crimeshas been a long-standing complaint oflesbian, gay,bisexual, and transgendered students. Prominentniention would send a strong message to perpetrators and potential perpetrators ofHate Crimes that their actions willnot be tolerated. Theabsence oftheabovemeasures carriesan implicit message thatgay, lesbian,bisexual, and transgendered persons are appropriate targets forharassment, discrimination, and hate. - * * ... Opinion Mailbox, continued onpage 6 byDan Harris, .PhotoEditor This past summerI watched the trial ofAnthony Gugino. It was a fascinating trial, something that would seemperfect for amade-for-TV movie. Oneofthewitnesses was a transsexual. The prosecution's star witness, Robert Rawley, claimed to have helped Guginodisposeofthebody.Gugino, inhisdefense, claimed thatRawley was the real killer, and that he had only helped dispose ofthe body. It was exciting watching Gugino and Rawley accuseeachotherof being the realkiller. It was so exciting that one couldalmost lose track ofthe fact that a young woman was tragically raped and murdered onher thirteenthbirthday. These facts were not disputed: Anthony Gugino had been the boyfriend of Jennifer's baby sitter. Jenniferthought of Gugino as anuncle,and trusted him as such. Onher thirteenth birthday, he took her out. They werejoinedby Robert Rawley. Jennifernever got home. A month later, with the help ofßawley, the policerecoveredher raped and murdered body. What is in dispute is the version of who was therealrapistand killer. The only two people who werethere wereAnthony Guginoand Robertßawley. They werethe only suspects. They both claimedthat the otheronehadmurdered Jennifer. Therefore, oneortheotherofthemhadtobe her killer. According toßobertßawley, Anthony Gugino toldhim to getapackofcigarettes, and leave him alone with Jennifer for a while. Before he walked away, Rawley heard Jennifer ask Gugino totake her home. Gugino'sresponsewasapunchtoJennifer's chest. Rawley then took offfor twenty minutes. Whenheretumed, he sawGugino buckling his pants, and Jennifer dead. The two ofthem then disposedofthe body. According to Anthony Gugino, after meeting Jennifer, Robertßawley expressed a desire to have sexual relations with her. Gugino then reprimanded hisfriend Later Gugino leftßawley atone withherfortwenty minutes, because he bad some business to take care ofwithsome otherpeople. When hereturned, Jenniferwas dead. The two of them thendisposed ofthe body. The prosecution believed Robert Rawley'sversion. So didthe jury. Anthony Gugino was found guilty ofraping and murdering Jennifer. Society says thatthe guilty party hasbeen caught. I disagree. No matterwhoseversionyou believe, both men wereresponsible for the deathof Jennifer. Inbothaccusatoryversionsofthe story, eachmansaid something to indicate thatheknew thatJennifercouldbe in danger by the otherman. Both then stated that he left the other man alone withher. Let's agree withthe prosecution and thejury byaccepting RobertRawley'sversion ofwhathappened There is no way he could nothaveforeseen thatJenniferwould beraped, after AnthonyGuginopunched her in the chest. I believethat Robertßawley did not expect Jennifertobe murdered. However, walking away knowing that someonewas about to beraped washorrendous. Hecould have stopped Gugino fromraping her. He could have fought him, threatened him with the police, called the police, helped Jennifer run away, etc. If he had doneany of those things, Jennifer would still be alive. Instead, he simply walked away. Theprevious accountwasallabout aspectacularmurdertrial. Butlknowthat plentyofrapescouldhavebeenpreventedby other people. Plenty of uncaught rapists couldhave been condemned by theirknow.Rape, continued on page 6 .. October 5,1993 The Opinion 5 �ByLaura Vasquez Clinics emigrating from UB Law Immigration and Asylum issues have recently become a hotbed of debate in our national legislation. Both theSeptemberissue ofthe Journal ofthe AmericanBar Association and a recent editionofthe New YorkTimes Magazine, whose cover stories featured articles onimmigration and asylum, underline the magnitude ofthis issue in current debate. Discussion ofnational immigration policy often strikes atthe heart ofour self-definition as NorthAmericans. Immigration and asylum are often emotional issues that lend themselves easily to stereo typeandxenophobia. Somearguethatas a nation of immigrants, one of whose main ports ofentry boasts a statue with the inscription -' 'Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretchedrefuse ofyourteeming shore,Send these, the homeless, tempest tossed, to me: I lift my lamp beside the golden door" - we cannot disregard our immigrant pastand shun those who only want a better life for themselves. Do we have a humanitarian or moral duty to help out thosepeople whose countries have failed themand who withoutourrefuge would face tortiousand often deadly condi- tions in their homelands? Instead ofa naUon everbeen involved inthe employment ofillesomeo four entire history isone gal immigrants. In many places, increases in al immigration, with ourancestoroccu- crime rates havebeenblamedon immigration. pying a land that originally belonged to the Immigration issues are deeply embedded in Native American. Are we all here Ulegally, our economic and tradepolicies as the recent havingcome uninvited to impoverish thepeople discussion on the NAFTA treaty attests. whooriginally lived on this land? Is our way Theimportance ofimmigrationandasyoflife threatened by immigrants and asylum lum issues in ournational debate is only one seekers as the Native American's was? Ifwe reason why the impending closing ofthe UB are descendants ofillegal immigrants, do we Law School Asylum Clinic forlackoffunding aright to complainaboutthose who isa great loss to our school. There iscertainly ting the samethings that our ancestors no lackof interestorenthusiasm in these issues ? Othersargue that immigrantsare too by our studentbody. This was vividly demonmuch ofadrainon ournational resources, and stratedlast year when 13 students forfeited a thatdrainwe canno longerafford to support. Is part oftheirwinter vacationand paidtheir own immigrationreally sucha drain onournational way to West Palm Beach Florida to help thatitthreatens our existence, orare process asylum application for Haitian Asy ;umbing to xenophobic hysteria that lum Applicants. While only 13 studentswere :ally has characterized nations in able to go to Florida, there were many, many trouble? How can wetake care ofthose from more who wantedto go, but whowere unable other countries, when we have such trouble due to lack ofspace in the project. On a more takingcareofourownpopulation? Becauseof personal level, the opportunity to participate in all of the recent concern, immigration and the asylum cliniclast spring was one ofthe best asylum laws are currently in the process of experiences that I havehadduring my last two rapid and drasticchange. Immigration issues years at UB Law School. It was my first have insome way touched almost everyaspect opportunity to use and apply the law in areal ofour national life. Nominees for political situation, instead ofjustreading about itand posts arenow scrutinized forwhetherthey have talkingabout itinclass. The clinic helped give Kigrants, Sve Kes Opinion Mailbox,I Part ofthe purpose ofpublishing this letter is toreach straight students,faculty, and staffwhomayfeelthesamewayasyou. People need torealize that SUNY at Buffalo is not a secure place to announce thatyou are queer. This willnot change until more people come outofthe closet and more straightmembers of thecommunity openly supportgayrights. By asking pro-gay questions on a call-in show, wearingjeanson Gay Jeans Day, orby objecting to an anti-gay joke, you may be exposing yourself toanti-gay bias and attacks, but until more people like "Anthony" are willing to speak up, bigots will feel free to harass and bash. Sincerely, To the Editor, Sincerely, GlenBrodowsky, President .. .Moot Court, I feel compelled to respond to the Features piece from last week. It is disturbing to me that a student is taking such a passive, "victimized attitude to herfuture. It is far easier to complain that life isn'tfair than it is to takeresponsibility foryour ownchoices. I amnot arguing that gender discrimination doesn't exist or thatitisnot a problem. I from within to changethe system. This week I had a jobinterview with a woman whohas been working in a mediumsized firm for ten years,and isgoing tobe made partnernextyear. Forthelastseveralyearsshe has been working part-time. She has two chUdren,now in school. Shehas been working at developing a specialty within the firm and has helped expandthe client basethrough this specialty. She told me about the trailblazing doneby thefirst femalepartnerinthe firm, who also worked part-time for a period whtie her childrenwereyoung. I tell this story simply to illustratethat women need to take responsibility for their lives and have confidence in their choices. continuedfrompage 3 onecould be erased with therequirement in question. In Sunshine'sopinion,' 'last year's situation was an aberration." HenotesthatMs. Beiring is aPhd candidate in ecology and a law studentand thatSpitzer had moot courtexperience and was editor-in-chief of ate Law Review, among other things. They both had objective criteria[so] we encouragecompetition inthe Desmond, and letthe mosttalented teams[those people selected by the voteofthe Board] represent the school.'' arepresident and vice presidentrespectively. Sylvester however, sees a limit to the amount ofobjectivity mat's trulypossible and feels mat someone should not be prevented people, noton Jessup, who werewilling to sign, According to Mr. Sunshine, the "letter then takes on a different tone.'' InMr. Sylvester's opinion, their statusis irrelevant He explains, "there were other but I could not get a hold ofthe Opinion in time." However, hepoints out that the signer extensive backgrounds inenvironmental law from entering other competitionsbecause they ' 'can't speak for the JessupBoard because and, for therecord, they did cometo us." failed to makethe moot court board. He insists they did not consult them and "there's anum that "it's totally up to the judges and their ber ofpeople on the board.'' According to Ms. Beiring, "Idon'twant concept ofstyle and cites his experience with In fact, he points out that if he were people thinking that we didn'task or[that we] the Jessup International Moot Court where speaking for die Jessup Board [he] probably entered the competition withoutapproval of points allocated by judges differsomuch that wouldhave approved therequirement because the board.'' Whenasked her opinion on manofHiekindofconrrol that it givesamoot court the highest and lowest scores are averaged. dating this procedure, she explains that she board. Pointedly,he cites asection oftheletter thinks "it'simportant that they [the Buffalo which states "These funds belong to all stuIn Sun shine's opinion, Jessup is by naMoot Court Board] be in charge butalso wiHing ture amore subjective competition. He states dents, not justthose who have been "fortuto entertain son moot court board member's ' 'we have abdicated international law to dif- nate" enough to have madeDesmond orany requests to participate; ifthey don'thave any ferent rules, different expectations for etiother Moot court hoard." "Speaking for oneinterested in theparticular competition.'' quette andadifferentstyleofargument." He myselfhowever, I think thatit's a lousy idea But "with 22 members ofthe Buffalo feels thatthe Desmond is, as a result a combecause I think thatit only serves thepeople on Moot Court Board who want to fill the six petition thatallows for more objectivity.'' those organizations.'' available slots for national competition this The Jessup/Desmonddiscussion howyear," Mr. Sunshine doesn't see thepossibility ever, comes up in anotherarea ofthis controAs this year's Desmond Competitors ofa lack ofinterest in national competitions. versy. AH three signers of the letter to the practice their "winning' styles,this isan issue He says, "the fact that they won last year is editor are members ofthe Jessup Moot Court that may eitherlose wind from exhaustion or great butadds,' 'when theprocess is not stanBoard; Mr. Fleischman and Mr. Conte, on gainspeed as other(non mootcourt board) law dard, it presents a problem. We need some whose behalf, Mr. Sylvester responds, students seek to duplicate last year's results. 6 The Opinion outthe community(which fundsourschool) at the same time. Does the closing ofthe asylum clinic signify thatUBLaw School is in theprocessof redefinition? Are the other clinics also in danger? I certainly hope not. Asa thirdyear, I am very lucky to have come to UB at a time when the clinic was offered. My experience in the clinic changed my life in many ways. It is a shame thatthe clinicwill not be thereformy colleagues in the future. have heard some hair-raising storiesmyself. I Changes inattitudes cannot be legislated and am arguing that women, like men, have control they will not be handed to us. Women must over what system ofrewards they decide to realize that they must assert their priorities To the Editor: pursue. "Having it all" is an unfortunate andnotpassively adoptthe system already out We wouldhave liked torespond toMr. characterizationofwomen whohave chosento there. Theroadtochangebeginsatyourown Sylvester, Mr. Fleischman, and Mr. Conte's pursue a high-level career and have a famdy. frontdoor. letter ofseveral weeks ago that was printed in It implies thatwomen whochoose to not' 'have yournewspaper, however, weare unable to do italT'aredeficientsomehow. It is important CindyLapoff,2L so at this timebecause wehave a Moot Court to remember that you do have a choice about Competition to superviseandweare therefore whatkindofworkyouwanttodoandwhereyou too busy (Participation in theDesmond is up wantto do it Ifa woman chooses the system ofrewards whichis offered to her by themale 45% from last year). ...Rape, continuedfrompage 5 establishment shemust eitiier accept it or work Women Must Be Assertive Graduate Gay and Lesbian Alliance Northeastand isone ofour greatest strengths. The clinics are at the heart of the public interest focus. They give students the chance to get theirhands dirtywithreal law and to help A Moot Court Response The Buffalo Moot Courtßoard "Anthony" DeborahGottschalk, President Lesbian, Gay, Bisexual Law Students Andy Buder, President Lesbian, Gay, Bisexual Association guished UB from other law schools in the continuedfrompage 5 Welookforward to working withyou on these concerns. somereal meaning to theabstracttheories and readings that take up our lives in law school. Participation in the clinic was partly responsiblefor my choice ofasummerjob. In thatjob I hadmy firstexposure to thetrialprocess and my first chance to try my hand at some real lawyering. The closing ofthe asylumclinicalso has ramifications forhow we view ourselvesas a law school. UBLaw School isknown in large part for its focus on public interest law. That focus is one ofthe things that really distin- October 5,1993 ing friends and acquaintances. Not too long ago, 1 heard a horror story. A girlhad beendatingaguy fora tew months. She adamantly resisted his relove". Onedayheraped quests to her. A fterthe incident, when shethoughthe couldn'tdoanything worse toher, she accepted his offer ofa ride home. Hedidn't take herhome. Instead he took her to his friend' shouse wherefive guys spent hours repeatedlygang-rapingher. Clearly ithad been planned inadvance. It'squitepossible that the offer to partake in the rape was turned downbyafcw men. No one bothered towamthegirL No one bothered to saveher the pain and trauma. Instead four guys agreed to partake in a gangrape with her boyfriend. I'mnotall together innocentmyself. During my nrstyearatUß Law, I wastold that one ofmy friends had attacked one of bis dates. I asked a few questions, all of which confirmed my friend's guilt Icon* frontedhim. He denied it I accepted the denial, and continued being his friend. I justifiedmy action: die victim had never pressed charges. He was only accused of molestation, not rape. It was her word againsthis;howcould I condemnmy friend on suchmeager evidence. But, in myheart I knew thathe was guilty. Ifnothing else, justfrom theway hetalked aboutwomen. Since then, it's rumored that he attacked someone else. Perhaps ifmore people had openly condemned him for hisactions, another womanwouklnothavehadtobear the trauma. Notall of us are warned orreceive hints that a rape will occur. But there are stillthings we all can do to prevent it We can join the Anti-Rape Task Force. Just taking the timeto walka woman to her car helps. We can warn a woman away from someone weknow is sleazy. We can even go as faras making a pariah out ofsomeone who takes part in a sexual assault. Or, we can dowhat Robertßawley did: wecan just walkaway. �New Professor Puts On A Show untestedConan O'Brien made his firstappearance as the unlikely heir to DavidLetterman' s Late Night television throne, a grinning Dubber was writing diligently on the chalkboard. flyShawn Carey Thepeople take theirseats, ready forthe showtobegin. They're hereto see the big guy with the German accent Those who have watched himwork beforeknowwhatto expect lots of action and a distinctive brand of - Hesteppedbacktorevealaparallelthatwould * humor. The big guy doesn't disappoint. He's goingfull-throttle from thefirst timetheaudience sees him. When he slows, it's only long enough to fire offa one-liner that leaves 'em laughing from the front row to the nosebleed seats. By the timethe crowd composes itself, the big guy is offandrunning again. Hisaudience follows along, wondering what'snext Ifyou feel like you've wandered into a review ofone ofArnoId Schwarzenegger' shit movies, don'tfeelbad. You've probably never had a class with Markus Dubber. Not many have. Dubber is in his first year on the UB SchoolofLaw faculty and this semester he's teaching Criminal Law to one section of 1 Ls. UBLaw PhotobyShawnCarcy Professor MarkusDubber (Right) athis CriminalLaw class At27,Dubberqualifiesas both newkid trolled, butfuriousrush. Atthe endofhis first teaching law,"Dubber said. "Once itseems to and "Wunderkind'' onthe law faculty. Don't lecture, the young professor'sshaggy hairand you likeabroken-down oldhorse, itwouldn't expect to hear thatfrom him, however. damp with sweat and the already be so exciting, netso interesting. For his part, Dubber is' 'just glad to be beard were threadbare carpet ofRoom 108 was nursing ' T think students need to feel more here." comfortable with the uncertainty ofthe law fresh scars soles of tramping some from the '' I think it's a great training ground for Dubber'sfeet. if it weren't uncertain it would be because young legal scholars," Dubber said ofUB He hasn't really slowed down since, boring." SchoolofLaw.' 'Yougetanunusualamountof Dubber triesnotto lethis CriminalLaw though you can't clock his nuleage withthe independence forayoung faculty personhere. one for droning classes getboring,either. Ifitmeans pacingthe class Dubber isn't syllabus. You are also encouraged to explore and go Black Letter Law or following a setschedule. floor like a caged animal at feeding time, bey ondtheboundariesoftraditional legalscholAsfor histeaching style,he says' T just spraying the classroomwithvolleys ofquips, arship. cuttingtheair withmorehand chops thanElvis doit" '' Atotherlaw schools, youngprofessors Thatcan make thingsrather unpredict- in his Vegas days, or playing a particularly arepushedtowards the traditional, well-worn is exacdywhatDubber is looking devilish DevU' s Advocate, Dubber willdo it. paths oflegal scholarship. Here, you can be able, which Ononeoccasion, theburly 6-foot-3 for. whateveryou wanttobe." rookie professor launched a 230-pound says, hoplaw, inch, Dubber islike Teaching That made UB an idealchoice forDubthe back row ofthe classof into on a Youdon'tknow chalk exactly piece wildhorse. ping ber. room in mock anger at a student's jab. itwilltake whereyou'ller.duporhow long you "Iwasinahurry,"hesaid. "Iknewwhat Even ifhehimself isthebest fodder for to getthere, butyou shouldbe in forahell ofa I wantedand I didn'thave any timeto waste." ownwit Dubber doesn'thesitate. his ride. His students can testify to that.Even on The day after theformerly unknownand ' T hopeIwill always feel thatway about the first day ofclass, Dubber was in a con- bethepunchlineforhisfirstjokeoftheday. He had scrawled "Criminal Law With Conan O'Brien." IfevenDubber is satirizing his ownlack ofexperience, what should potential students make of it? Well, as far as being a finished product, Dubberclearly isn'tsoupyet Butthebroth is notwidiout some strong seasoning. Bom in Dusseldorf, W. Germany,Dubberistheyoungestofthreecluldren. Hismother is a former high school teacher, his father a retired businessman. Growing up, he played thepiano and sports, including handball, tennis and soccer. He spent a year as a high school exchangesrudent inn Columbus, Ga.thenayear after high school in die German army. "I wasn't too successful in the military," Dubbersaid.''ln fact Iwas adistinct failure." He was more successful in academia the and United States. He graduated from HarvardUniversity with abachelor's degreein philosophy in 1988, then moved to the West Coast, whereheattended StanfordLaw School, graduating in 1991. In the summer after his first year in law school,Dubberworked in theAppellate Divisionofthe CaliforniaPublic Defender'sOffice inLos Angeles. Thehighlight ofthatsummer jobwas interviewinga Folsom Prison inmate who was a Satanist transvestite,karate black beltfrom Mississippi whoinsisted hewas from Puerto Rico. HewasbeingprosecutedasL.A's "Skidßow Slasher" under the theory thathe had murdered homeless men so he could collect their souls and train them in karate so they'd beprepared to fight theKuKlux Klan at .Dubber, continued on page 8 .. FREE MPRE LECTURE Presented "by CHESS STANLEY D. Bar Review Date " President, BAR/BRI More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For all second-and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mr review , fci Bar w Review Tie Nation's Largest an* Meet Successful 1500 Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 > olin., tOQ ~ Time " 11 A"M" 1A AiVl Pl3C<s l llmiff<*\t\ T aw 2*olool BllftalO on videotape Presented x r * . MsMMe^S^i^S^S^S^S^S^S^S^S^S^ Octobers, 1993 The Opinion *| ■ f 7 �The Roaming Photographer byDan Harris,.Photo Editor This Week's Question: "What do you think ofthe recent peace agreements in the Middle-East?" Nicole Wint,3L "I think the peace settlementsare going to be temporary." CindyValderrey, 2L "It's abouttime!" Tom Glascock, 2L Marc Pane pinto, 2L "I thinkthe peace developments are a "lagree with Cindy." step in theright direction.... I see thisas an ice-breaker for moresignificant change." by Jeffrey Weiss Seinfeld's World BokReview: Keeps Law Students Sane theSuperbowL peopleofaßnssianGulag, the probSeinfeld's genius emerges diability ofthe United States giving Texas back to Mexico is higher than rectly from hissimp licity. Whilewe your chances ofgetting a jobifyou all live in a world filled with comever graduate from this statefunded plexities, Seinfeldisable to focus in haven, and it is impossible to get a on subjects that mostpeople tendto decent slice of pizza in this town, overlookasthey blindly scurryaround even though I must admit that the from one place to another. Only the extremely quirky,and at timesanal chickenwings are quitegood. Butdon'tdespair,there'shope. retentive personality ofSeinfeld can judges whose writing style isabout Ifthe toiland troubleofLaw School go offon atangent aboutsuchrarely as exciting as the Nashville Neteverbringsybudown, Ihighly recompondered topicsas personal maintework,will surely leadyou to thelocal mendthatyoujourney to yourlocal nance, driving and whyis it so diffitavern whereyou'll besinging' 'The bookstore and pickup SeinT angnage cult to be naked? His gift is the Law School Blues.'' Thestory gets by America's favorite comedian, ability to takeaneveryday phenomeven bleaker when you are forced to Jerry Seinfeld. It's guaranteed to enon, twist it around, and look at it deal with some ofthe other fringe cheer up someone as miserable as a fromadifferent,andoftenhumorous benefitsofferedatgoodoldUß Law Buffalo Bill's fan after they were angle. This is clearly illustrated School: the weather reminds most crushed forthethird straight yearin whenhe writes, "Whatisthe handi- Let's face it, Law School is stressful. It can besuch ataxing and mentally fatiguing experience that eventhose whopossess the strongest ofwills,have been known to break down from time to time. The hours that you spendreading andbriefing dozens of incredibly boring cases, written by a couple of old geezer .. .Dubber, continuedfrom page 7 the Mexican border. little fancy jurisprudential analysis "He was really a very nice mattered, at least to my judge," man," Dubber said. "He tried to Dubber said. "His was a pragmatic psychoanalyze me. He wassweet approach. He was interested in the facts. Thingsnever gotquite sobizarre again, but Dubber collected '' I learned the importance of additional criminallawexperience therecord (achronological compilawhen he worked for aBoston law tion ofeverything thathappened in linn the summer afterhis thirdyear. the case). In law school, you never He spent most of that summer in sawarecord." federal court, assisting in the deHisclerkship completed, Dubfense ofa manaccused ofbeing a bermoved from theDeep Southtothe local druglord. Midwest and the UniversityofChiDubber then spent a year cago LawSchool. He spent the 1992clerking for Gerald Bard Tjoflat, -93 school year thereteaching legal Chief Judge of the 11th Circuit, research and writing ona Harry A. which coversFlorida, Alabama, and Bigelow Fellowship. Ironically, UB Georgia. Alarge part ofDubber's SchoolofLaw'sonly othernew facwork was to draftdecisions onconultymember thisyear—NancyStaudt victed murderers facing the death —was at the University ofChicago penalty. Since the judge'sdecisions Law School onthe same fellowship often affirmed the death penalty, at the same time. Dubber found himselfwith amoral , While at Chicago, Dubber crisis. published an article in the Buffalo "I was uncomfortable with Law Review, (Vol. 41, Number 1) it," he said.' 'But I saw my job as tided "Regulating theTenderHeart containing the damagebylimiting WhentheAxeisReady to Strike." It decisions to their specific facts. I deals with recent developments in didn't like doing it, but I felt itwas capital punishment jurisprudence, better to do it myself than to have particularly with the effect victim some otherclerk do it.'' impact evidence has on the protecWhile it compromised his tion ofthe defendant's rights at the own beliefs on the death penalty capital sentencing hearing. issue, the clerkship was useful to Today,hisresearchfocuses on Dubber inotherway s. retributive emotions and theirrole ia " I was surprised to learnhow punishmenttheory.Retributive emo8 The Opinion October 5,1993 tions, punishment theory. Sounds like a good time to bring up Schwarzenegger again. Dubber laughs at the question, which he's heardbefore. It seems others have also taken note ofhis accent. "I've hadpeople ask me to say a few of his lines from the movies," Dubbersaid."Youknow like' Hastala vista, baby!' and T' 11 bebackP." From the sounds of it, Dubber's distinct voice could become a familiar one at ÜB. Next semester he will teach CriminalProcedure and a seminar to be named later. Beyond that, Dubberinsists he,like that otherbig guy withthe German accent, will be back. A bachelor who lives on Buffalo's west side, he's been pleased withthe selection and quality ofthe city's restaurants and is looking for goodmusic clubs that specialize in jazz and Blues. After lastyear in theWindy City, Dubber figures he'sprepared fortheBuffalo winters. And if not, he's going to have to getused to them. "Oh yes, definitely," said ÜB'syoimgestlawprofessor. "This iswhere I am, andthis is whereI'm going to be." claims, "To men, Sex is an emergency, and no matter what we're doing wecan beready in two minutes." Of course, Seinfeld's book wouldn't be complete without a couple of comments about, you guessed it, lawyers. In arare moment, Seinfeld actually expresses a bitofadmiration for the attorney sin our society. "To me a lawyer is basically theperson thatknows the rulesofthecountry. We'reallthrowing the dice,playing the game, moving ourpieces around the board, but ifthere'saproblem, thelawyer isthe only person thathas actually read the insideofthetopofthe box." Another keenlegal observation thathemakes is as follows,' T thinkprobably the most funthing alawyer cando is say ' Objection,' which is theadult versionof'fraidnot' Towhichthejudge can say two things. 'Overruled,' whichistheadultversion o P fraid so' or 'sustained,' which is the adult versionof'Duh.'" Jerry Seinfeld is here for the long haul. This bookshould serveas a sufficient supplement for his legions offans whohave arough time waiting seven daysbetween episodes and are still upset that their favorite For instance, the first entry in the showis now in syndication, yet there book dealswith dating. Noticehow is nevera shortage ofMama's FamSeinfeld, withoutany greatdifficulty, ily or Saved By TheBell. Hopefully, capped parking situation at the Spe- cial Olympics? They must have to stack like a hundred cars into those two spots. How elsecan they doit?" One admirable trait that Seinfeld mustberespected foris his ability to boldly come out and say what'sonhismind. There'sno beating around the bush inthisbook. For example, when Seinfeld evaluates the actions of a young man who is hoping to score after an expensive dinner date,but ignorantly requests for a doggie bag, he bluntly concludes, "Whenyouaskforthedoggie bag ona date, you might as welljust havethempack upyour genitals too. You're not going tobeneeding them for a while, either." Another illustration ofSeinfeld' s brash, yet simplistic comedic style is: "Men are obsessed with cleavage, women are obsessed with shoes. It's the exact same obsession. It doesn't matter how many times these things, everytimethese objects are presented to us, we have to look.'' Dating and sexare two topics that Seinfeld frequently alludes to throughout thebook. He seems quite at ease while discussing these subjects that most people tend to shy away from, at least in open company. isable to take such apersonal subject for the few people in our worldthat and simplify it to a degree thateveryone can comprehend, whenhe writes, " Theonlydifferencebetween a date and a job interview is that in not many jobinterviews is thereachance you'll windup nakedat the endofit." Another exampleofhis giftofsimplification takes place under thesection entitled "The Sex." Seinfeld have not been exposed to the best thing that the entertainment world has to offer, this literary work will serveas the gateway into a world of simplicity, comedy and extremely illogical logic. That my friends is theworld ofJerry Seinfeld, whichis a wonderful place where everyone should consider visiting. .. .Results, continuedfrompage 1 ofthe school, the easier it will be to get a job," Victor Bobet said. All 14candidates for first year class director spoke at the forum. Accessibility to class directorsrepresenting theirclass' positions on issues wereconsistently promised by the first year students. First YearDirector Ben Dwyer said he wants to use his position*to create greater student involvement in planning new curricula.'' Whilelam not so bold to say that I could plan the curriculum ofa three-year law school," Dwyer said, "I believe on principle thatthe students should be involved in thatprocess. �First Years Lament Lack of Space byPeter Zummo belowexpectations, and adecision was made What's the story behindthe population to increase the IL class to make up for the explosion in the 1Lclass this year? Like most difference. Standards foradmission were notlowthings hereat UB Law, thereis no one simple answer, but here is the story as best we can ered or compromised, although Dean Boyer piece it together. admitted that' 'we had to goa littlelower into The SUNY system uses a system of thewaitlist'' in order to meet the targets. This ' 'benchmarking or student enrollmenttar- year's class eventually numbered 269 stugets. These are set in Albany and then filter dents. downthrough the SUNY system to ÜB, and finally to UB Law. At every step, there are Many students werenot prepared forthe trade-offs made, all with the goal ofmeeting large classes they encountered on thefirst day the enrollment quotas in order to maximize ofthe semester, and even someprofessorswere "shocked." Professor MarkusDubber.also tuitionrevenue. beginning his first year at UB Law, was surHere at UB Law, our historical benchmarkwas seta few yearsago, andis quitehigh. prised to findsomanystudents waitingfor him According to DeanBarry Boyer, the statewas in his criminallaw section. He noted that "the targeting UBLaw for a total of780-800 stu- expanded class sizemakes teaching and interdents,which is"really too high." In order to acting much more difficult.'' meet the targets, thefirst yearclasswould have Whenaskedhow the bulge in 1 L's will to be in the range of 250-270 students, in beaccommodated in the nexttwo years,Dean addition to increasing the number oftransfer Boyer stated that"we shouldnot beany worse studentsaccepted. offnext year than thelast three years, withthe By late summer, transfers were running major problem beingahighernumberofclose- Dean Boyer playing Softball "Yeah, But He's No Headrick!" (Faculty v.Law Review Softball) byCalßypkin On Friday, Sept.24, the Second Annual staff/faculty v. Law Review softball (orgrapefhut)gamecommenced. Thisisa brief review: of the |ame, with notable quotesand happenings. During the firstfew innings therival teams fared well against each other, but Torn Headrick' s stellar short-stopability as sadly missedas the staffand faculty began to tire in the late afternoon sun. TheLaw Review againpummeled the staffand faculty, adangerous moveconsidering finals are on the horizon, in the not too distant future. The "gloveless wonder,' Markus Dubber, made his softball debutat this very game.Neverhavihgplayedbef6re,Heopted outofusingagloveandinstead usedhis bare hands. The staffand faculty didconvince him to use a bat, though, and aftera few attempts, hehit their onlyhomerun. Dubber also learned a valuablelesson, that intimidation tacticsare inappropriate in asoftball game, even ifitis a farmleague. It wasnot until the 2dinning that the staff and faculty unleashed their secret weapon,Lois "thestudwoman" Stutzman, whoplayed anerror-free2dbaseandhitlike a pro. If it had not been for theamazing centerfieldirig ofKim DeWaal, the painful scorewould havebeen muchworse. However, after secret negotiations and a few threats (something about transcripts), it was determinedthatthe official finalscore was 9-10,Law Review. It wasaveryrevealing afternoon, we finally found outwhat the" B'' inßarry B. Boyerstandsfor- BLASTER Thisbecame obviouswhen, withbases loaded,hehitthe ball sobardthat itburst—ohno, thatwasn't a ball,it was a grapefruitthat had oh-socleverly been painted with white out to resemble a softball by those tricky Law Reviewpeople(andtheywonderwhy they're being moved to the 4th floor janitorial closet!). AUin all, it wasa great afternoon. ... Cheney, friendships. amount offorce the troops should use, what U.S. to sendin troops. constitutesa victory,andhow doyou getout, U.S. troops should not beassigned to United Nations commanders because as a suggested Cheney. Cheney advises that it is a mistake to generalproposition, mostUN. member states sendU.S. troops into Bosnia. U.S.forces are do not haveofficers thatmeetU.S. standards, looked on differently than other countries' Cheney said. troops, explains Cheney American peaceDuring thequestion-and-answer session keepers shouldbecontrolled by the U.S. comnot mander-in-chief— the president, and the at the end ofhistalk, Cheney said thathe hadn't causecretary-general ofthe United Nations, decided ifhewillrunfor political office and if tions Cheney, as thefullfaithand creditofthe so, what office. He noted that people have United States is on the line. He told the talked to him about running for president in audience that a lot ofothernations can send in 1996. However, he also suggested that he peacekeeping forces withoutthe need forthe might run fortheWyoming seatin the Senate. . ATTENTION 1 FIRST-YEAR STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN AND RECEIVE: I Coming In 2 Weeks: l i Another Issue Of i The Opinion, Some relief may be on the way, especially for required courses. As part of the ongoingreview ofthe Research and Writing courses, away might befound to consolidate some sections oftheWriting course and thus free up thoseprofessors to teachotherclasses. Boyer also stressed that a larger than usual class size does have some positive aspects, including the increase in the diversity of the student body, a point echoed by Sultan Baptiste, SBA President. Baptiste believes that "it is generally good that the school is enlargingsince itcreatesincreased opportunities for the excellent education that UB provides." He added that "the quality ofthe students hereat UBhas inno waybeen diminished' ' because ofthe increasedenrollment. So thenext timeyouthink thereare lots ofstudents inyourclasses, you'reright, butjust think ofit as an opportunity to create more continuedfrompage 1 cuts. He feels thatthere is a need to attract and maintain people to serve in a first-class military. Downsizing too quicklyleads to a "hollow force," Cheney explained, noting that mostpeople don' trealize how long it takes to create''atop-notch military force.'' He emphasized that peace, security,and stability in the world in the years ahead depends on U.S. leadership and itis important for us to ' 'getit right" When is a U.S. president justified in sending forcesinto combat, questionedCheney. Several factors must be evaluated, including the objectiveandrules ofthe engagement, the help of John Labatt) fun was had by all. Thankyou Law Review—here's to gratuitous softball! i outs,people forcedoutof their firstorsecond choice classes." «■ THE "LOCKED IN" CURRENT DISCOUNTED TUITION «• ACCESS TO ALL FIRST-YEAR REVIEW LECTURES, INCLUDING ARTHUR MILLER'S CIVIL PROCEDURE LECTURE t THE BAR/BRI FIRST-YEAR CIVIL PROCEDURE OUTLINE FOR THOSE WHO ATTEND THE CIVIL PROCEDURE LECTURE «■ THE SECURITY OF KNOWING YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE + + i + Be A Part Of It! (Just Do Itl You Won't Regret It!) | j PLEASE | j Call 645-2147 OR Drop A Note I In An Editor's Box. I NOTE: TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY SEPTEMBER OF YOUR SECOND YEAR OF LAW SCHOOL. OR K~| y YOU MAY PAY YOUR $75 REGISTRATION FEE NOW AND ALSO RECEIVE YOUR BAR/BRI FIRST YEAR REVIEW BOOK! October 5,1993 T^L^^^ \^^ The Opinion 9 �... JAG Corps, continuedfrompage 3 interview by going o ffcampus to therecruiting ers. Lawstudentsgotothe employer's location offices. This,thegroupstates,putsthestudents in those instances as well. Ms. Koscielniak in the same position as students who interview stressed that students should call the Navy to for public interest organizations and small find out the exactprocess to be followednow, firms. TheLGBLS hopes, however, that stu- as the CDO presendy has notbeenso informed dents interviewing for the JAG Corps realize bytheNavy. The interviewcancellations, Ms. thatthe jobthey get may have them enforcing Koscielniak believes, while decreasing the the military's bigoted policy of discrimina- number ofemployers CDO brings to thelaw tion. schoolto interview oncampus, will notreflect TheLGBLS also willprotest as planned negatively on thelaw school; there willbe no when the Army is here on this Thursday and negative repercussions by other employers Friday, Oct. 7 and 8. The group urges students who do decide to interview at the law school. who are interviewing with the JAG Corps to respect their protest and demonstrate thenTHE STUDENT-INTERVIEWEES support of gay and lesbian human rights by SPEAKOUT walking through "thecloset." Many students were impressed that a Three daysand 24 interviews werecangroups oflaw studentswithpaint andbanners celed. ThepresidentofthelawschoolgovernwereabletokeeptheUSNavyoffcampus. The ment, the StudentBar Association, isSaultan PresidentofLGßLS, Deborah Gottschalk, 3L, Baptiste, 3L, whoalsowas scheduled tointerstated that, "Afteryearsofprotestandlitigaview with the Navy. Baptiste stated that he tion weare extremely pleased in our victory learned thatoncethe Navy found out about the keeping one branchofthemilitaryaway from protest, they decided not to come. The Navy the law school." did not want to deal with the protest, he believed. LGBLS, Baptiste pointed out, was THE UB LAW SCHOOL withmandfoUowedUniversity policies. Their ADMINISTRATION'S POSITION success in keeping the Navy offcampus,Baptiste noted, shows that student activism is TheDean ofthe UBLaw School, Barry alive and well at UB Law School and can be Boyer, statedthat he felt that it wastoo bad that quiteeffective. He believed that the students the Navy did not come to the law school to whose interviews werecanceledreceived no interview,as had been planned. Dean Boyer serious harm, as they are now in a similar said that hespoke and checked withAssociate interview position as otherstudents whohave DeanThomas Headrick andtheDirectorofthe to go to the employer's location to interview CareerDevelopment Office (CDO), Audrey withpublic interest groups and small employKoscielniak. TheLGßLS,Deanßoyerpointed ers. Baptiste said that ifstudents really want to interview with the Navy, they still can by out, werecomplying withall universityregulations in planning to carry out theirprotest. going downtown. However, Baptiste was disDean Boyer believes thatthe students whose appointed in so faras the Navy didnottellany interviews were canceled did not receive a of the law student interviewees about the seriousharm. While itmaybe less convenient cancellation; indeed, many students did not to interview downtown, they stillcan inter- know theirinterviewwas canceledhours after view. theNavy decided notto come to thelaw school. This sentiment was agreed with by Baptiste believes the Navy shouldhave been AudreyKoscielniak, theDirectoroftheCDO. more considerate to studentsandtheir schedMs. Koscielniak stated that the cancellation uling ofinterviews, as many students change would not effectmdividual students in getting theirbusy schedules around in order to make a job with the Navy. It would be nice and time for the Navy interviewand mayhave lost convenient, shepointed out, ifthe Navy inter- out onother opportunities. Baptistealso stated viewed on campus. Yet, now the students who theNavy still has an obligationto findoutabout will have to go interview downtown are in the the good students who still are interested in same situation as otherstudents whointerview interviewing with them and that the Navy withpublic interest groups and small employshould informtheCDO ofthenew interviewing ... NAFTA, Francisco Duarte, 3L, also lost an interview. He hadnoobjection to studentsprotesting the issue ofthe discriminatorypractice of themnitarytowardsgaysandlesbians. Duarte noted that students can still interview off campus. And, Duartepointed out, the campus isbias free withoutthe Navy interviewing at the law school. Charles Greenberg, 3L, also had his interview canceled, He stated that he was a littleannoyed. Greenberg believedthatitwas notfair to punish the entire student body who wantto serve inthe Navy because of discriminationby theNavy. He does,however, believe that theban should be lifted. Whileagreeing withtheLGBLS positionontheban, Greenberg statedthatmaking the Navy decide notto come to thelaw school was notan appropriate way inwhich to accomplish any change ofthe ban. Joel Sunshine, 3L,whose interviewwas also canceled, echoedandbuiltupon thecommentsof Greenburg. Hebelieves thatstudents have the rightto dowhatthey want, but when this interferes with other students right to interview forjobs.it is goingtoofar. Sunshine pointed outthathe is the furthestthing from a homophobe. He thinks that it would be a benefit to have people who support homosexualrights tobe inthe institutionoftheNavy inordertoopenuppeople'sminds. Sunshine would like to see good people be part ofthe military;by canceling interviews these people may not get such a chance. THELGBLSONTHEBAN The LGBLS also released a statement ofprotest inopposition to military discriminationand recruitment. The group states thatthe Clinton Administration'scompromise hardly changes the military policy towards gay men and lesbians. Basically, the onlychanges are that the military does not ask recruits about their sexual orientation and says that it will cease costly witch hunts of gay and lesbian personnel. AccordingtotheLGßLS.theGovernment Accounting Officereported thatthe military spent$ 100million between 1982 and 1992to investigateand discharge 16,500 homosexuals. The group states thataspart ofthefiscal 1994 defense budget, the US Senate branded homosexuality an "unacceptable risk" to military morale and says a future defense Secretary couldreinstate the policy ofasking recruits their sexual orientation. Instead oflifting the ban, the LGBLS points out that gay and lesbian soldiers can continue to do what they have always done. They can go to gaybars,read gay publications, and even march in gay pride parades incivilian clothes. Theycannotdeclaretheirhomosexuality orviolatethe Uniform Code ofMilitary Justiceprohibitionofsodomy. TheLGBLS believes that the policy is discriminatory, bigoted and hateful. Thegroup states that itfrustrates the efforts ofgay men and lesbians to break down stereotypes and prejudice, bynotallowingthem to serveopenly intheirjobs. Infact,itreinforcesprejudiceby onlyaddressing' 'different behaviors and by nottreating gayand lesbian soldiers the same as straight soldiersand as wholehuman beings. In effect, the LGBLS purports, all that has happened is that the' 'closet has been codified ("In the closet is a phrase used to describe people who do notreveal thatthey are notstraight). A BRIEF HISTORY OFPROTEST ATUB In September 1988, according to the LGBLS, theLaw School Faculty voted unanimously to amend the CDO Anti-Discrimination Policy to include sexual orientation. This is consistentwith Governor Cuomo'sExecutive Order # 28, SUNY Board ofTrustees' Resolution 83-216,and thepolicyoftheAmericanAssociationofLawSchools. InFebruary 1989, UB President Sample held in abeyance the entire UBLaw School Anti-DiscriminationPolicy. In 1990,acomplaint wasfiled by the Lesbian andGayLaw Students underthe Executive Order. In 1991.adecisionwasmade in favorofthe law studentgroup. SUNY then appealed the decision and won. The case is still beingfought incourt and militaryrecruitment on campus is alw,ays protested. This cancellation of interviews is just another page inthehistory ofprotestatUßover the ban on gays in the military. continuedfrompage 1 WorkersUnion, andThomasM.Fricano,UAW Regional Director. Local leaders included Representative JohnLaFalce (D-Tonawanda), Democratic Mayoral candidate Anthony Masiello, the Reverend Bennett W. Smith, Pastor ofStJohnBaptist Churchand members ofUnited We Stand America, Ross Perot's political organization. These American leaders were joinedby Mexicanand Canadian leadersalso concerned with defeating NAFTA. Bob White, president oftheCanadian Labour Congress, wasjoined by Senator Ifigenia Martinezofthe PRD Opposition Party in Mexico. Both stronglyjoined Jackson incalling for atrade agreement which benefits the people ofall three countries. The day' s events were capped offwith an international march across the Rainbow Bridge, whereAmericans and Mexicans were joined in solidarity with over one thousand Canadians. The march was a moving testament to the international common interest among the people of Mexico, Canada and America in theirdesire to prevent the passage ofthe NAFTA and promote decentjobs,environmental integrity, and social justice. THEWORKBEHINDTHESCENES Thesuccess oftherally could be attributed to theworkof local Buffalo community groups,labor unionsand student groups. The law student groups took aleading role in promoting the eventamong the community. The law student groups worked with the Buffalo 10 policy. The Opinion AreaAFL-aOCounciLWNYCAPCouncUUAW Region 9, the Niagara/Orleans AFLCIO Council, the WesternNew YorkCouncil onOccupationalSafetyand Health, the Coalition for Economic Justice, the Western New YorkFair Trade Campaign,TheNationalRainbow Coalition, and the Ontario Coalitionfor Social Justice. THE WORKTO BE DONE TheRev. Jackson wasadamant inspeak- ing out on the importance of defeating the passage ofthe NAFTA before the American Congress. "Wedidn'tvote for NAFTA inthe last election. Wevoted toreinvest in America, to rebuild America, to help people become productive and to pay taxes. We need apian to lifttheMcxicansupand notlower ourselves,'' proclaimed theRev. Jackson. Jackson'sconcems wereechoed byRon George, Presidentof the NativeCouncilofCanada, whowarnedthat the American and Canadian workers would experience the same exploitation which was inflicted upon Native Americans and Native Canadians if the Agreement is approved. George proclaimed, "You're falling intothe same trap as the aboriginal people. You're letting someone else control your life." The NAFTA is currendyawaiting avote before the American Congress. All the international speakers fromthe three countriesjoined the Rev. Jackson in urging citizens to demand that their electedrepresentatives vote against the NAFTA. October 5,1993 FormerCongressman HenryNowak UB Law To Honor Henry Nowak at Alumni Lunch Changes thatare happening in estate planning in the '90swill be the subject discussedby apanel oflegal experts at the 18th annual UBLaw Alumni Convocation. Called "Thy Will Be Done?" the morning-long symposium will begin at 8:30 a.m. onSaturday, Oct 30,at theCenterfor Tomorrow onthe UB North(Amherst) campus. TheLaw Alumni Association has invitedall law students to attendthe morning program freeofcharge. However, ifyou want to receive valuable written materials, it is necessaryto preregister. Students must sign up by 0ct.22 in the Alurrini Office 318 0' Brian Hall so that enough materials can beprepared. At a luncheon beginning at 12:15 p.m.Nowak,a member ofthe class of1961, served the 33rd Congressional District of NewYorkmtheHouseofßepresentativesfor 18years beforeretiring from thepublicarena last year. During his entire Congressional - - career heservedasamemberofthefCommittee onPublicWorks andTransportation and was also a member of the committee on Science, Space and Technology. Heworked tirelessly to match local needs with available federal aid, bringing approximately $ 1 billion dollarsin discretionaryfederal fundingfor infrastructure improvements,research and otherprojects to Buffalo and Erie County. According toConvocation chairRichard G. Birmingham, of Phillips, Lytle, Hitchcock, Blain & Huber, the morning program will explore living trusts and traditional estate planning, family rights under EPTL Articles 4 and 5, the Substitution of Judgement Doctrine under mental health laws Article 81. and issues and problems in changing the law of estates. "Nomatterwhat theirlevelofexpertise, the program will helpall practitioners become aware ofchanges that are taking .Nowak, continues onpage 11 .. �D The ocket mance artist whose one woman performance plays have touredthroughouttheUnited States, WestemEuropeandAfrica Integrating masks, Ujima Theatre Co.presents dance, mime, film, video, canned soundand WOMBmanWars original music with bare blade satire, Ms. The Black Law Student's Association Jackson has created aperformance which ex(BLSA), atÜB's SchoolofLaw,welcomesall tends beyond the boundaries ofstage and into students and faculty to share in a night of the realm ofritual. She has written for the entertainment with Judith Jackson and the CosbyShow, apprenticed withMarcelMarceau andreceived her degrees in playwriting from Ujima theatre. BLSA will be hosting areception following the performance on October 9, the University ofMichigan, and in literature 1993. The performance will take place at fromthe Sorbonne. Theatre Loft, 545 Elmwood Avenue near W. UB Law Gold Group UticaatB:oop.m. TicketsareS 14.00general to Attend Homecoming Lunch admission, and $ 11.00for students are being offeredthe $ 11.00rate with aUB ID only! Law studentsare encouraged to jointhe WOMBman Wars is a comic medita- UB GOLD Law Group (Graduates oftheLast tion onthe AnitaHill/Clarence Thomas hearDecade) at the University at Buffalo's tradiings—andtheprofoundimpactthatwaslostin tionalHomecomingcelebration on Saturday, the "he said/she said"bickering. WithminiOct. 16. "Check it out," says Paula Eade mal props and costume alterations, Jackson Newcomb,chairoftheGOLDGroup "There's tells the interwoven tales of over a dozen a new Division 1 team! New Stadium! New characters. The term ''high tech lynching" Student Union! And new school spirit! enteredthenation'svocabularyduringClarence "It'sawholenewballgame!" she says. Thomas' SupremeCburtnominationhearings, According to Eade Newcomb, a prebut you'll get a new take on that phrase after game lunch under the Alumni Tent will be seeing Judith jackson in her solo show: servedat 11 a.m. at tablesreserved especially WOMBmanWARs. fortheGOLD Group, law studentsand friends. Judith Jackson is a writer and perfor- Food, beerand wine will be availableonapay- ANNOUNCEMENTS .. .Nowak, continuedfrompage 10 place in estate planning — and those thatare appearing on the horizon whichaffect them as well as theirclients," Birmingham said. Erie County Surrogate Joseph S. Mattina will serve as Honorary Chairman, and Birminghamwill bemoderator. Speakers include: Sue S. Gardner, Kavinoky & Cook; Paul M. Hassert, ofBrown & Kelly; Prof.Kenneth F. Joyce,University atßuffato School ofLaw; CharlesE. Milch, ofGibson, McAskill & Crosby; Robert J. Plache.of Damon & Morey; and John C. Spitzmiller, of Phillips,Lytle, Hitchcock, Blame & Huber. Anextendedquestionandanswerperiod willfollow. The UB Law School and UB Law AlumniAssociationgrate fully acknowledge the generosity ofthe following firms that helped make this program possible: Marine Midland Bankas Benefactor;HaroldC. Brown Co. asPatronjandKidderPeabody & Co.and Commonwealth Land Titielnsurance Co.as sponsors. For non-students, the feeis $35 for members of the Law Alumni Association who have paidtheir annual dues and $4 5 for allothers. Thefee includes program, written materials, Continentalbreakfast and lunch. Firm tablesfor eight areavailablefor $320. Please make checks payable to the UBLaw Alumn i Association and mail to UB Law SchoolAlumni Office, 318 JohnLord O'BrianHalL Amherst Campus,Buffalo,NY 14260.Ifyou have any questions, call Ilene Fleischmann, Executive directoroftheLaw Alumni Association, at 645 -2107. as-you-go basis. The tent is located near the south gate ofthe brand new UB stadium, in Amherst Kickoffisatl :30p.m. TheUBBulls will playagainst theBuffalo State College Bengals. SitinareservedblockwithLaw Schoolahimni, faculty, staffand friends. It's a historic moment the last time these traditional rivals will compete! The special group rate for a football tieketiss7perperson. (RegularpriceisSlOat the gate). Childrenwho sitonyourlap go free. Football tickets will be distributed at a Gold Group reception table in front of the Alumni — Tent. Checks should be made payable to the UB Law Alumni Association and mailed to Paula Eade Newcomb, c/o Hurwitz & Fine, PC, 1300Lfterty,Buadmg,Buffalo,NewNY 14202-3614. Ifyou intend to come for lunch, please indicate how many seats you would like to reserveatGOLDGroup tables underthe Alumni Tent. "Aneventlikethisisagreatopportunity for the law students to meet alumni/ac in an informalsetting. Given thetough jobmarket, we hope students will come to network and enjoy this UB tradition," says Ilene Fleischmann, executive director of the UB LawAlumni Association. Questions? Call Fleischmann at (716) 645-2107. AALS Accepting Submissions The Asian American Law Students Association is accepting article submissions, artwork and photography fortheir upcoming newsletter. Please submitallmaterials to box 430. Share Your Special Interest Have a special interest thatyou wantto share with others?Interested in startingyour own organization at UB Law? Contact the SBA Office(Room 1010'BrianHall)formore details. "Potential Torts"-Volleyball byPaulßoalsvig, Editor-in-Chief Last Wednesday, a small group ofUB Law students decided to take onallcomers and kick some volleyball butt. Under the firm command ofthe team's captain, Dan "The Lieutenant" Marcus, the marauding gang neady carved up the opposition, composed of mainly younger neophyte undergraduates. Matchnumberoneneverpresentedany serious problemsas serving duoDanMarcus andMark "I wear tie-dies but I ain't no Dead-Head" Conklin foundthe weaklinks in the opponents armorand proceeded to pierce it. Thenext match was no contestat all, as evidenced in gametwo byTrish "my hands are registered weapons" Swolak proceeding to successively servedeathuponanaive, unsuspecting team ofundergrads, to the tune of 13 consecutivepoints. Samantha Craneand Senta Suida at times couldn'thold back their sadistically gleeful smiles as the law school team totally annihilated the opposition. After a while,thesituationwasratherpitiful. "Where's kingpins the challenge in all this?" everyone's eyes seemed to be saying as their eyesrolled skyward. With the beginning ofthe third match, we were joined by the man in the purple silk warm-up pants himself, none otherthan Rex Velasquez, MD. The other team wouldsoon be calling him "doctordeath". But thislast team proved more formidable. Ourheroes had become apparently a bit too sure ofthemselves. As long as this writerwas able to effectively bump the other side's serve, theabundance of ' on the team meant that all ' serves were returned withauthority. But had overconfidence finally caught up withthe future lawyers? It almost looked like it, as victory in last gamewasabout to be snatched from ourthroes. But wait! "TheLieutenant" wasn't through quite yet! He called a quick time-out, and after hyping up his troops, sent thefinal three nailsflying that sealed thecoffin on the opposition. Ah, the sweet taste ofVictoiy! Law, Medicine and the Health Care System byDr. Harry A. Sultz Relationships betweenlawyers and individualsand institutionalproviders o fhealthcare are multiplying as the health care industryexpands insizeandcomplexity. Whilethe prevailing perception is thattheserelationships arealways adversarial, quitethe oppositeis true. Though some py sicianslike to shiftthe blame to lawyers for muchofthe malpractice litigation andfor theirneed to practice "defensivemedicine," mostphysiciansrecognise the legalvulnerability ofthesystem inwhich they workand appreciate the need for, and valueof, good legal counsel. In addition,theadministarators and members ofthe boards o fhospitals treasurethelawyers who voluntarily serve as trustees andthose they employto guidethem through ofthe highly regulated health care system. It isimportant, therefore, thatlaw studentsand lawyers understand why thehealth care system operates as it does; why itsometimes defiesall therulesoflogic and freemarketenterprise; why theproviderstreatpatients and families as they do;and whythe trinity ofhealth careproblems, cost, quality, and access, have remained unresolved national issues forthe last rbyrinth wewon tmaketheefforttodehverprenatalcare. EveryyearinNewYorkStateapproximately 20,000 infants are bornprematruely andalmost3,ooo diesbeforetheirfirstbirthday. Infantsbom to women whohave notrecieved early prenatal care are threetimes morelikely to beborn at lowbirth weight thanthose who receive early care, and they are four times more likely to die in their first year oflife. Some areasofBuffalo, New Yorkhave infantmortality rates that exceed those ofmany third worldcountries. At the sametime, wehave one ofthe mostsophisticated and expensive neonatal services in thecounrry to savepremarure, highriskinfants. Wedeveloped those services at the same time that we were cutting back on the relatively inexpensive serviceswhich wouldhave prevented many ofthoseproblems inthe r ' What are our goals?What are our values? Theneonatalintensivecare unitis perhaps the mostvivid exampleof £ ofbalance in a system in which high-risk mothers cannotreceive subsides for their prenatal care, yet neonatal intensive care is an ableright once the baby arrives. The arithmetic ofthe equation has years. In many repects, the health care system has done and is doing a remarkable job. There have been important advances in medical science thathave broughtmeasureable improvements in the length and quality of life. But,medicineintheU.S.hasacultureofitsown. It owesalot to the aggressive, "can do" spiritofthe frontier. American doctors want to doasmuchaspossible. Theyorderup more diagnostic tests than theircolleagues in othercountries, prescribe drugs more frequently and atrelatively high dosesandare morelikely to resort to surgery whenever possible American womenare morelikely to undergo radical mastectomies, deliver their babies by Caesarean and undergo hysterectomies while still in their 40s. Americans and their physicians regard the body as a machine, like acar, which helps explain theirenthusiasmforannual checkupsand devices like pacemakers and the artificial heart. Americans like to think of diseases as enemies to be ' 'conquered; Doctors expect theirpatients to beaggressive, too. Thosewhoundergo drastic treatments in order to "beat" cancer are held in higher regard than patHhts who resign themselves to the disease. The great and latephysicist, AlbertEinstein said thefollowing:' 'Perfectionofmeansand confucionofgoals characterize our society.'' It is trueofour society and especially pertinent to health care. Nowhere isthese more emphasis on the' 'how"to do thingsand less interest in the' 'why" then in health care. For example, we give extraordinary careto low birth weight babies at high cost because Jil ice. ;mons trat ed innumerous studies: fundsexpended in the prenatal care tierand fetusreduce the amount that are inevitably spent later in the to -oftenflawed orfutile to salvage the products ofthese conceptions, tion,we should not lose sightofthe fact that in the careofpremature no matter how dismaltheir prospects the technological throttle is pen. At what weight or gestationare attempts at fetal resuscitation - - - able for the fiscal integrity ofthe infant, and for the psychosocial ty ofthe family thatis too oftenconsigned to aprolonged vigilbeside ibator in a neonatal intensive care unit? Medicine has much to offer, butwiththose advances have come major problems. They are interrelated and they are systematic. Without systematic solutions itis we willsolve them. In subsequent issues ofOpinion, I' 11 describe otheraspects ofthe th care system and the strategies tried orbeing considered for improving them. fkely Harry A. Sultz, DDS, MPH is Professor ofSocial andPreventine Medicine, School of Medicine and Biomedical Sciences, and former Dean ofthe School ofHealthRelated Professions, SUNY/Bujfalo. He is Director ofthe Health Services Reasearch Program ofthe School ofMedicineand an active teacherofcoursesabout theorganizationofhealth careandauthor ofmanyartices and several books on the subject. Dr. Sultz has directed numerous research studies ofdifferent aspects ifthe health care systmeand has sensedas an expert consultant to variousgovernmental'andvoluntaryagencies and institutions. October 5,1993 The Opinion 11 �BAR REVIEW The BAR/BRI course includes: • ■ Expert Coverage on all Multistate and New v»». 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BARREVIEW New York's Largest and Most Personalized Bar Review Course 1500 Broadway, New York, NY 10036 (800)472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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There were lots ofreasons, she said, and she believed that one consideration was that the Army' smain goalistointerview byKevinP. Collins, Managing Editor Following on the heels ofthe recent cancellation ofon-campus Navy JAG Corps interviews at UB Law School, the US Army canceled their JAG Corps interviews andrelocated them from thelaw school to the downtown Federal Building when faced with protests overthe ban on gays in the military. students in a conducive atmosphere. Sticks and Stones This past Wednesday, October 6th, the US Army came toUB Law school in order to givean information session on the Army JAG Corps. TheLesbian, Gay, Bisexual Law Students(LGBLS), inconjunction withtheundergraduateLesbian, Gay and Bisexual Alliance, protested the military ban on homosexuals. The LGBLS and the twenty or so protestors placed apink and lavender closet, which they builtoutofwood,outsideofßoom2o7. Inorder to enter into the info session, studentshadto go into the closet, whichaccording tothe LGBLS, is symbolic ofhow gays who want acareer in the military are forced to remain "in the closet abouttheir sexual orientation. The Army recruiter, Captain Judith Camarella, andUß Law School Dean, Barry Boyer,refiisedtowalk through thecloset Dean Boyer hadtophysicallyremove theclosetsohe and Cpt. Camarella could enter theroom (see photo onfrontpage). Many ofthe2s students Representative, who worked outofthe same office. Mr. Molton informed this reporter that hecouldnotspeakforthe JAG Corps. Yet,Mr. Molton did say that while he had not heard aboutthe protests, hebelieves thatpeople have aright to exercise theirright to oppose something,andthatthe USArmy protects theirright to dissent. Mr. Molton then referred this reporter back to Buffalo and, in thealternative, to the Public Affairs Office ofthe US Army RecruitingCommand in FortKnox,Kentucky. Speaking to a JAG recruiter in the Army Recruiting Command in Fort Knox, Kentucky, this reporter was told that the reTrying to find out whythe cruiter didnotknowabouttheprotests and who Army stayed off-campus intheir made the decision to cancel the on-campus of interviewsproved to be a frustrat- interviews; however, the recruiter said she ing exercise inreporting and one wouldresearch itand get back tome. A return thatillustrated thatbureaucracy call late Thursday afternoon informed this Dean Boyer (Center) removes closetfor himselfand Army isaliveandwellintoday'sArmy. reporter thatLt Colonel GregoryHuckabee of recruiter, Cpt. Camarella (Left) A call Thursday morning, to the the US Army JAG Professional Recruiting Officelocated in FortBelvoir, Virginia, made whoattendedthe info session accepted infor- Army Kecruiting Centerin the downtownFedmation about the ban on their way into the eralBuilding inBuffalo found the AreaComthe decision to cancel the on-campus intercloset and the Army JAG Corpinfo session. It mander, Cpt MacDonald,outoftown. No one viewsand torelocate them to downtown. This is unknown how many, ifany, students were in the Army recruiting office knew anything reporter called Lt. Col. Huckabee's office in deterredfrom enteringtheArmy info session. aboutthe JAG Corps interviews. Tbisreporter VirginialateThursday afternoon,and was told In an interviewafter her presentation, was told to call the US Army Battalion in thathe was definitely the person totalk to but, Cpt. Camarella stated matthere wasno trouble Syracuse, and speaktoaMr. Frank Motolo, the however, hewasouto ftheoffice and would not withthe protestors and that no one was very Army Facilities & Communications Repre...Army, continued onpage6 disruptive. Cpt. Camarella did,however, believe that the protest was a hinderance to studentslearningabout the ArmyJAG Corps in anatmosphereoffreeexchange. She said that Why the Army Stayed Away Onwards courtesy Phot Administration Drafting Policy on Student Conduct ByLeslieP. Machado, (Contributor lLaw School does not have a studentcodeofconduct. Responding to thelack ofany definitive student policy regarding conductina variety ofareas, Associate Dean ofStudentAffairs AundraNewell, Director ofStudent ServicesKarenWaltzand ProfessorRobertReis are draftingsuchapolicy for possible implementation next September. The proposed policy would cover all aspectsofconductexpectedby thelaw school Issues such as library misuse, plagiarism, cheating and misconduct towards property wouldbe included. Also, inthepolicy would be a regulation governing the misconduct towardsotherindividuals throughactionsor violence. At thepresent time, there is no policy in place regulating conduct which, by its nature, tends to incite violence by demeaning individuals based on sex, creed, race, color, religion, disability, sexual orientation, national origin, ancestry, age or other status group.Ifsuchaproblem occurs, DeanNewell meets with the two students in an attempt to mediate the problem. Newell said the new policy, which is still in its infancy, would be given to the faculty fortheirinputtowardstheend ofthe fall semester. Student input would also be invited, probably through the Student Bar Association. ' 'We envision thatwhen the code is sentative. Mr.Motoloreferred thisreporterto a Mr. Bill Molton, the Army Public Affairs completed, it willnot only talkabout prohibitedactivities, but willalso include the sanctions,'' Newellsaid.'' In bringing this policy to the attention of the faculty and students, the statement will put them on notice. If you do this, this is what will happen." Newell said the absence ofa policy raises problems whenincidents ofmisconduct occur. She offered as examples students placing offensive material in mailboxes or words scrawled onwalls. In those investigations, Newell said, the local police need to know whatthe code ofallowable conduct is. Newell pointed to the University's code ofconductasan example ofwhatmight be recommended. Introduced in 1991, it covers all aspects of student behavior according to Director of Judicial Affairs/ Ombudsman Madison Boyce. Unlike the LawSchoolproposaLhowever.rheUniver- sity codedoes not attempttoregulate hate ful speech. "There wasa formalattempt to consider whether toinclude speechinthe[University] codeofconduct," Boyce said.''The decision was made, in the interest offree speech, not to attempt to define what was prohibited oracceptable.'' WhileNewellsaidtheproposalwould involve studentinput, SBA presidentSauConduct, continuedonpage 7 ... Fin ley Testifies Before Senate Subcommittee byRobertA. Johnson, Contributor 50... whathasProfessorLucindaFinley been doing lately? And why«it importantto you? Well, let's look at a scene in Washing ton,theweekofSeptember 23rd. Wearewith Professor Finley, listening toa CEO ofa sporting goods companytestify to a Senate Subcommittee. What isthis CEO saying? The CEO is complaining abouthow her company fears product liability suits; she is complaining abouthowher company is withholding certain products from the marketplace because of these fears; she is complaining abouthow her company has had to develop evermore stringent safetyand testing standards. Now tet us imagine that a look ofexasperated, befuddled annoyance envelopes the face ofProfessor Finley (not really). Let us imagine the will she exertstorepress the urge to shout "WHAT THE HELL IS WRONG WITHSAFETY STANDARDS?'' Thisisthe world oftortreform! Safety's important! TheSenate Consumer Subcommitteeof the Committee on Commerce, Science, and Transportation is weighing thepros and cons of the ProductLiability Fairness Act(S.6B7), and Professor Finley was asked to come to Washington totestify regarding some issues ofwhich shehas considerableknowledge: namely, the impactofproduct liabilitylaw, particularly in theareaofdrugsand medical devicesapproved by the F.D.A. Annoying CEOs aside, the professor hasinformation the Senate should be taking into account: in this bill; according to our professor, thereare provisionsregarding the F.D.A. thatat least deservecloserscrutiny ifnot outrightrejection. What wouldF.D.A. approval ofdrugs and medical devices mean under the Product Liability Fairness Act? Consider this: If the F.D.A. approved a drug called "Beautiful Nails" which, to their chagrin, contained a drug which made your nails fall off; and if Fake Nails, the manufacturer, started selling this drug on the market; thenwouldFakeNails be liable forits drug ifthey were found to have consciously disregarded safety and health? ...Finley, continued onpage 7 HIGHLIGHTS Group Spotlight Editorials and Commentaries Roaming Photographer. Docket 3 4-5 6 7 �PIEPER BAR REVIEW MPRE REVIEW PIEPER BAR REVIEW'S MPRE LECTURE is offered to ALL STUDENTS absolutely FREE!!! As compared with other bar review courses, when we say FREE, we mean it!!! You can call the office to register OR just attend the class you desire. WALK-INS ARE WELCOME!!! You will be asked for no money at any time. Our lecture and the materials accompanying the lecture (including the 200-page course book) are FREE!!! There is no hidden $75 charge. SATURDAY, OCTOBER 23, 1993: LIVE CLASS NYU LAW SCHOOL TISHMAN AUDITORIUM SATURDAY, OCTOBER 30f 1993: VIDEO CLASSES BOSTON UNIVERSITY LAW SCHOOL BUFFALO LAW SCHOOL HOFSTRA UNIVERSITY GEORGETOWN LAW CENTER ROOM ROOM ROOM ROOM 1434 210 216, BRESLIN HALL 154 SUNDAY, OCTOBER 31, 1993: VIDEO CLASSES ALBANY LAW SCHOOL NYU LAW SCHOOL SYRACUSE LAW SCHOOL ROOM E 7/8 ROOM 110 MELVIN ROOM To register, call 1-800-635-6569 or just walk-in on the day of the class you wish to attend. YOU DO NOT HAVE TO BE REGISTERED WITH THE PIEPER BAR REVIEW COURSE TO TAKE THIS FREE MPRE COURSE. Jt is open to any and all interested students. REMEMBER...THERE IS ABSOLUTELY NO CHARGE FOR THIS COURSE!!! �The Softball Report Circles By'LesMP.Machado, Contributor Rea went ahead 3-2 totheir halfofthe fourth The air was thick with tension on inning, but thelead wasshortlivedasWasted SundayOctober 1Othas severallawstudents scored twice to take a4-3 lead inthe bottom oftheinning. anxiously waitedfor theresults ofthecomAfterbeingretired withoutarun inthe petition. Was it the Moot Court results? fifthand sixthinnings, MensReacame to bat Hardly. The list ofnewLaw Review members? Not even close! inthe topofthe seventh needing arun to tie. These studentswere engaged ma comWith two outs, Petaik and Fernando Leal singled. Dailor smashed a shot into rightpetition ofa different sort; one which required them to trade in theircasebooks and center, scoringPelnikand tyingthe game 4briefs for bats and aglove. 4.Leal, tryingtoscore from first, wasouton The twolawschoolrepresentativesin a close play at the plate. The rejuvenated the intramural softball league, the Advoteam retired Wasted in the bottom ofthe cates and Mens Rea, each finished their inning andthe game went into extraframes. seasonon Sunday. Alas,atitie wasnotin the Inthe top ofthe eighth toning, MensReawas forecast, asMensßealost inthe Championretired toorder. Inthe bottomofthe inning, ship gameoftheco-edbracketand the AdvowithtwooutandthebasesemptyMensßea's cates failed to make the playoffs. dreamsofachampionship weredashedwith Battling classwork, the elements and ahomerun to left field, winning the game for an occasional umpire, Mens Rea finished Wasted 5-4. with a4-3 record. Their intensityand fortiImmediately afterthe toughloss, the tude was proven on Sunday as uiey battled team hadto gatherthemselves ahdplayih an until thelast out ofthe Championship game. open-dh/isiongame. Thegame woulddecide Beforereaching the finals,however, thefateofthe Advocates asawtowould send them into theplayoft'swhiiealosswould send in the semifinal game. Trailing by onerunin them home. The teamwasnotupto the task, the bottomofjhesixthinning, Mensßea tied however, losing 15-8and ending theirseason the game 6-6 when Jon Bonavilla singled at 2-3. The game wasn't without its highwith two out and Dave Zagon brought him lights, however, as late-seasonreplacement home with a triple. Carlßohling went2for 4 withtwo RBland2B Afterretiring theNo-names inthe top Michelle Owdienko went 2 for 3 witha run of the seventh inning, Mens Rea won the scored. game in the bottom ofthe frame when Joe Dave Zagon led the teams with 700 Dailorhita towering homerun to centerfield batttogaverageand 15runs scored. JoeDailor ItwasJoe'ssecondround-tripperofthegame was second at.577 and 12runs scored folIn the game, the lowed by Erin Pelnik at .560 and 13runs and hisseventhofthe first four batters for Mens Rea (Dave, Erin scored.Among thosewhoplayedregularly, Pelnik, captain JohnLeifert and Joe)werea Fernando Leal and Michelle Owdienko hit combined 9for 16withfiverunsscoredand .520, Jonßonavillahit .474, Sandy Fazilihit fiveRBI. .412, John Leiferthit.3 57,LesMachado hit In the championship game,MensRea .353andShannonMcInteehit.l54. A special faced Wasted to whom they lost to 10-9 mentiongoes to Kristine Hookswho, despite enter- being placed on the injured list early to the ing the top ofthe third inning, Mens Rea season,returned to cheer for herteammates began to rally when Jon Bonavilla singled untilthefinal out wasrecorded. with one out. Dave Zagon followed with a Following the game, our heros and doubleto center, scoringßonavilla and cutheroines, batteredandbruised, vowedto seek ting the lead to2-l. Zagoncame homewhen revenge to the spring.Until then, they will the Wasted second baseman misplayed a rest theiraching bonesand savorasuccessful grounder and the gamewas tied 2 -2. Mens season: Journal Strives For Greater Awareness of Women's Issues byDan Hams, Photo Editor, andM. Bridget Cawley, Contributor staffofCjrcJes. This proems includesattending a few meetings at which studentscanjoin In the fall of 1991, several UB Law committees. Wintexplainedthatitismerely studentsjoined forces whenthey noticedthat amatterofworkingyourwayup. Members something was wrong in their classrooms. can start as an associate, and the next year These students felt that there was a lack of they can apply for an executive position. women'svoices in the discussions,and they According to Wint,' 'We encourage all UB wanted to create a forum where women's Law students to try out for an editorposition voices couldbeheard by all. Theiranswerto on the journal because it's an enriching and thisproblemwasto startCircles: TheBuffalo positive experience to participate inprovidWomen's JournalofLawand Social Policy. ing a forum for social policy.'' The first issue of isnotrestricted to female Circleswaspublished durlaw students. ing the spring of 1992, "We welcome while the latest issue apmale students to come and pearedthis semester. The join us. We currendy journal consists of acahave three male editors demic and legal articles, and one male executive. as wellas artwork, prose Students of other disciand personal commentary. besides law are plines Nicole Wint, current editor-in-chiefofCircles, explains that, also welcome to join. Weare always in need ' 'Circles provides aforum for exploring the ofassociate members," saysWint. Circles is being highly utilizedby its legal and social challenges facing womenof numerous writers and subscribers. ÜBLaw diverse races, classes and cultures. The subSchool's Professor Lucinda Finley will be jectdoesn'thavetobepopular. Wefocuson Circles, and an articleofhers thatwas qualityandcontentofsubmissionsandwhether citing next legislative testiit, to our her published in in the subjectis grabbingand interesting Additionally, CjrcJes on tort reform. mony readers." She adds that the members of receivesnumerous from professors requests Circles "hope to improvethelivesofwomen to from other schools usearticles from the all over the nation in both the academic journal. community andthe generalcommunity.'' Subscribers to Cjrcjesincludeover 100 Due to financial constraints,Circles is libraries across theU.S. Thelistofsubscribpublished only onceay ear, preferably during includes HarvardLaw SchoolandStanford the fall semester. However, Winthopes the ers group will beable to increase its number of University. Wint encourages ÜBLaw stuannual issues. Although theprimary focus of dents to bring in more subscribers. Students thegroupispubhcationofthejournaLCjrcJss can obtainsubscription forms by copying the addresses women's concerns in other ways. last page of the journal from back issues ted in thelaw library. ' 'Ifanotherorganization wishesto co-sponsor Wintexpresses greathope for the fusomething withCircles.wewillbemore than ture ofthe journal. ShewoukT'likeCJEcJesto willing to help out," saysWint. gainnationalrecognition.'' According to Wint, The publicationreceives submissions Circles has, the better from "The more exposure fromacross the United States, mostly ' offour be. Our university goal is to put will professors. The journalisinterdisciplinary, UB Law school onthe this map. Hopefully receiving articles from business, women's submissions could the ofthe journal helpraise standing studiesand lawpro fessors. The are then reviewed through an anonymous selection process to determine if they will Anyone interested in Circles isalways appear in the issue. While there have been to welcometovisitthegroupinßooml 1(which like somestudentcontributors, Wintwould see more student submissions, especially is located inthe basement) ofthelaw school. Additionally, inquiries and comments may fromUßLaw students. heleftinßox#B39 to the join invited Students are also CiJRffiES a. season. r Phot by Paul Roalsvig Members ofCircles, theBuffalo Women'sJournal ofLawand SocialPolicy, are determined to ensure thatwomen's voices are heard. FilmReview: AcademyAward Winner: 'The Panama Deception' ByPeterZummo "ThePanamaDeception",winnerofan Academy Award, was shown here at UB last week. A controversial documentary, it was directedby Barbara Trent,the directorofanother equally controversial film,''Coverup: Behind theIran Contra Affair." The main premise ofthe film isthat the 1989 invasion ofPanamaby the United States was illegal and totally without justification. Ms. Trent maintains the real reasons for the invasion besidesremoving GeneralManuel Noriega from power inPanama, wasto destroy the Panamanian Defense Forces (PDF). This to turn was to lead to therenegotiation ofthe PanamaCanal Treaty, which callsfor control oftheCanal to be turned over to the Panamanian governmenton December 31,1999. Another equally importantfactor tothe invasion wasto eliminate the wimp"factor from GeorgeBush'spresidency, and toserveas atesting ground for tactics and weapons which would later be used to the Persian Gulfwar. The film leavesno doubtasto whichside ofthe argument TrentbeUeves. Unfortunately, theheavy handedpromotionofthefilm'sviewpotot permits the viewer toremain skeptical. Some ofthetruths ofthe' "ThePanama Deception suchas the condemnation ofthe r— Ewing Honored ForWork In Forensic Psychology . Charles Patrick Ewing, Ph.D.,professor oflaw and adjunctprofessor of psychology at ÜB, has received the 1993 Distinguished Contributions to ForensicPsychology Awardfromthe American Academy ofForensic Psychology : | invasion by the United Nations, cannot be denied. However,wemustalsorememberthat thissame UnitedNationsregularly condemned Israel for its occupation oftheArab territories to the WestBank. The filmpresentsitsstory by using many toterviewswithPanarnaniancitizensandrefugees juxtaposed with footage obtained from the American military under theFreedom of Information Act. The effectcan be shocking andsomewhatconvinctog. PeteWilliams,the Pentagon spokesman, certainlylooses a great dealofcredibility by the useofthis cinematic technique. Charges that the American media, including the Washington Post and The New York Times, were manipulated by the Bush administrationring hollowwhenone considers the hostile treatmentofBush the two newspapers handed out to him during thecampaign last year. It is impossible to deny that "The Panama Deception makes apowerful statement. One cannot help butbe affectedby the scenes ofhuman sufferingand the tremendous damagedonetoPanamaby thetovasion. What is still to doubt is the ultimatereason for the invasion, and wemighthavetowaituntil 1999 to see ifMs. Trent was correct. — ——————————— — ——————— ————— Opinion Editorial Board Meeting 3:30 p.m. Tomorrow (10/20) followed by a general meeting at 3:45 p.m. All Invited and ShouldAttend a, | l——————————————————————————j October 19,1993 The Opinion 3 �Opinion Mailbox ■■■mßHaaaaaaaaara^fi— ©PINION Volume 34, No. 4 fHIL October 19,1993 Editor-in-Chief: Paul H. Roalsvig Managing Editor: Kevin P. Collins Business Manager: LisaNasiak News Editor: SharonNosenchuck Features Editor: MariaT. Buchanan LayoutEditor: Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco Contributors: JoeAntonecchia, Karen Bailey, Shawn Carey, Bridget Cawley, Eric Dawson, RobertA. Johnson,Kristin Jones,PaulKeaton, LeslieMachado, BenPierson, Jeffrey A. SchoenbornXaura Vasquez, and Peter Zummo (and special thanks toMolson Brewery.) EDITORIAL Just Do It! Lawstudentsaregreatatcomplaining. Wecomplainabouttheweather,the amountofworkwe have to do, and the variousactivities thattakeplace in the Law School. But howmanyofus actually do something aboutour complaints? Sure, there aresome things thatwe cannotchange. However, there are many things that wecan work to change. Thereare some students at UB whoare active regarding thingsthat bother them. One example isthe groupofstudents whoare workingto save the Asylum and Refugee Clinicatthe Law School (see commentary by Charles Carbone in this issue). Another example is the Lesbian, Gay, Bisexual Law Student Association'sprotest against the JAG Corps recruiting atthe Law School. You may not agree withtheir methods orthe issues ofeither ofthese two groups, but the point is that these two groups took initiative to do something about their complaints. There are many otherthings thatwecan do instead ofjustcomplaining. For example, how many times haveyou heard someone complain thatthereis nothing to do in Buffalo? Well, the nexttime, instead ofcomplaining, lookaround and see what there is to do in this town. The Spectrum, the Gusto section ofThe Buffalo News, and ARTvoice all list things to do in Buffalo. For those ofyou who can't stand the weather in Buffalo, look around for things to dothat you might enjoy. Go skiing with Schussmeisters, go downtown to see a hockey game, have a football watching party, see aconcert at Slee Hall. As law students, we do have a lot ofhomework to do. We have cases to read, papers to write, andprojectsto complete. However, we all chose to go to law school. It's only for three years. For many of us, if we stopped procrastinating and complaining, we wouldhave more time to doour work. Try to be more organized and do your work more efficiently—it might help you to spend less time on schoolwork and give you more time to do otheractivities. Often, we feel that we could arrange better events thanthose our law school organizationspresent Ifwe were incharge, we could findbetterspeakers ormore interesting programs andprojectsto do. Well, go ahead! Joina group and work withthat group to present more interesting speakers and events. By now, many ofyouare probably complaining thatyou don't see thepoint of this editorial. Well, here it is: take initiative and go out and do something positive aboutyour complaints. TheLaw School studentbody is apathetic. We feel that ourown lives are so busy that we don'thave time to doanything about ourcomplaints. And. afterall, itis somuch easiertojiistsitaroundand complain. Lawyers are some ofthe most powerful people in our society. Yet, ifwe cannot do something about our complaints now, in such a small community as the Law School, how are we going to fare in thefuture after we graduate? Do something aboutyourcomplaints. Become involved! Theeditorial staffofThe Opinion challenges the Law School studentbody to stop complaining and take constructive action on whatever it is youare complaining about! Disagree withthe views in this editorial? Thentake action and writea letter totheeditor. Drop your letters offin 724 O'Brian. Wanttojoin The Opinion staff? Leave a note in 724 O'Brian. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpressconsent oftheEditors. TheOpinionispublishedevervtwoweeks during theFall andSpring semesters. Itis thestudent newspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinionis funded by theSBAfromStudentLaw Fees. TheOpinion welcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything youwish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail toTheOpinion.SUNYAB Amherst Campus, 724 JohnLord o'BrianHall,Buffalo,New York 14260(716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are theFriday beforepublication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion October 19,1993 501 Blues To The Editor: The LGBLS forced others to participate m their protest. The LGBLS protest is akin to Nazis erectinga "concentration camp gate surrounding the doors ofthe StudentUnion. The Nazis have a right to speak; they might havetherighttoprotest;butthey shouldnever have theright to force others to participate to their protest Both the University and Law School Achrunistrations approvedof this inappropriate protest when they allowed one group of students to erect a free standing structure to order to harass fellow students and interviewers. Administrative approval of the LGBLS ' 'closet is especially poignant to light of the recent debacle surrounding the silencing and expelling of a preacher from Founders'sPlazaon September 20 (see The Spectrum, Sept 24, 1993). The Administration's capricious stance on free speech begs the question: does U.B. have any objective standards on what kind of expression it will allow, ordoesUB pickand choose the expressions it will allow according to individual conceptions ofpolitical cor- Ifyou missed it, Monday, October 11, was"Gay JeansDay." According to thepromotersof"Gay JeansDay," wearingjeans on Monday was some sort ofdemonstration of support for homosexual rights. The scheme behind Gay JeansDay isthatifyouspecify an activitythat people engage in habitually(e.g. Wearing jeans) as a showing of support for homosexualissues, you create the illusion that everyonesupportsthehomosexualagenda. It is actually quite pathetic and sad. However, when you consider ' 'Gay JeansDay" to tight ofthe recent Lesbian, Gay, BisexualLaw Students (LGBLS) protestofU.S. Army and Navy JAG Corps interviews oncampus,a sinister pattern emerges. TheArmed Serviceshave been recruiting on campus for years, andthe homosexualrights people have been protesting for years. This year, however, the protesters came up with a new strategy. The LGBLS erected a free standing structure, builtwithtwo-by-fourwood studs,to framethedoorofthe interviewroom wherethe ess. military interviews were to be held. Th Both the Law School and University protesters call the structure a "closef'.and inistrations should adopt a policy that is supposed torepresent the secrecy to whic some homosexuals choose tolive. By placing prohibits the building offree standing struc"thecloset" atthedooroftheinterview room, tures thatforceotherstojotoprotests. Having militaryrecruiters and interviewing students agripeshouldnotgiveonetherightto break out are forced to walkthrough, and thus, partici- thewoodandnailsoncommon campus grounds. If the homosexualrights protesters are to the homosexualrights protest. concerned about protecting rights, they "Gay Jeans Day" islaughable, and it would bealso funny ifitwasnotso pathetically shouldannounce theircommitment to never again conduct "closet" orother suchinteracsad. The attempt to make would-be homosexualrightsprotestersoutofthe disinterested tive protests. Additionally,LGBLS apologies to fellow students, the UB community, and to andtheunaware on "Gay Jeans Day" isanalothe US Army and Navy are to order. One can gous to the attemptto make gayrights protesters out ofthemilitary interview participants. only imagine the fits of outrage that would Theright to protest carries withit aduty overcome theLGBLS ifChristian protesters not to infringe upontherights ofothers. No one placedacrucifixabovetheLGßLSofficedoor. should be granted the right to force others to protest. By erecting astructurethatcouldnot beavoidedtoorderto interviewand assemble, Omar Dennis, 3L fnistrators' t Ite Commentary: An Opinion of a Member oftheArmed Forces byA.H.Banks, Contributor The subject ofthe ban on gays to the military is one that has long been stifled by heterosexuals (including military members) forfearofbeing categorized as ahomophobic. As a heterosexual military member I will attempt to prevent suffocation ofthefew and the strong regardless ofthelabels thatmay be attached to my name after this article. Of course the only label that matters to me isthe MBA/JD. First, fortherecord I amnothomophobic. I have enjoyedthe company ofgay sas modelling partners andhave acquired theirservices as stylists and make-up artists (indeed they wrote thebook on grace,beauty andelegance). I also stronglybelieve to andadvocate equality among all men. However, I emphatically oppose the complete eliminationoftheban on gays in the military because of the many underlying issues thatshouldfirst beresolved by societyand not the military. The military, as it correctly claimss to one slogan, "isnotajob.it'sanadventure." In orderforthisadventure to successfully accomplish its goalof global defense, the group of members need to respect each others' abilities and betolerant oftheir socialdifferences. The latter is one ofconcern to me as the majority ofsociety(including military members) is not ready to be coerced to accept this socially deviantbehavior to all settings. Not only is it difficult to accept this ' 'different behavior in the military environment, itisalso not strategically or financially feasible. To totally remove the ban is to implement total sexual integration (which would bea financial burden whichever way thisis implemented) and compromise our fundamental goalofglobal defense through effective training and discipline. Therevamping of"allfemale or "all male" shipsandbarracks wouldthus be mandatory.For.ifgaysareallowedtoroom, shower (we nowhave open showers and stalls), bunk and sail on sixmonths cruises with their part- ners, peers,admirersorlove interests,soshould the heterosexuals. Should the military finance for a reclassification of and conversion to ' 'homosexual" and''heterosexual accommodations in theseshipsand barracks? If not, are gay advocates saying it is fair and equal treatmenttoallowa"free" lesbian in myallfemale shower,above my bunk orpassing my stall on those already embarrassing moments butkeep menout? Then, ifthe military maintainsseparate gender-based accommodations, woulditnotbe unfair to heterosexuals ifweare separated from the gender we consider sexually preferable? While the idea of sexual integration sounds liketheadventure to die for,the primary mission ofglobal defensewould becomesecondary(ifnottertiary). The strategy would be compromised when the focus is no longer military issues like Tomahawks, Scuds and subsbutsocialissues ofwhoshouldbe included in this adventure. Should alcoholics, obese people,sleepwalkers, psycho ticsnot also fight tolifttheirban? Should the military beforced to resolve all societal indifference, hateand injusticesand jeopardizethelives o fourpowerfulnation? Homosexuals claim thatthe partial lifting ofthe ban is an attempt to keep gays in the ...Military, continuedon nextpage �Cancelling Clinics Hurts Students by Charles Carbone, Contributor Myforemostexpectationbeforeattend- ingUniversity atBuffalo Law School wasthat the school fostered a commitment to public service that distinguished itselffrom otherlaw programs. AJthoughlgeneralh/have found this to be true, I believe the cancellation ofthe Asylum and Refugee Clinicandthe failure of the Domestic Violence Clinic isan enormous threat to the continuance ofthatcommitment. The philosophy ofthe schoolacknowledges that aclassroom education alone is not sufficient to prepare students to practice law. Theschool's missionstatementprofessesthat the integration oflegal study to the classroom and tothecommunity isnecessary both fordie student's legal education and to emphasize the public service responsibilities of a lawyer. These are high goals to strive for to any law school. The clinical program is crucial to achieve those ambitions. The clinics allow students to become educated topublic interest legal issues whileapplying theknowledge of the classroom to circumstances filled with clients who need the services ofthe law. The clinical programhas thecapacity to introduce many students toreal situations in whichthey may find their classroom knowledge chal- lenged. Inaddition,thecltoicalprogramprovides neededservicesfor the Buffalo communitythat quiteoften would notbemetwithout theexistenceoftheclinks. Asaschoolwithto a public university, ourresponsibility to offer resources tothecommunityis evenmoreprominent The Law School has plans to discontinue the Asylum andRefugeeclinic, andthere are well-founded rumors that the Domestic Violence clinic will also be terminatedafter this year. This is unacceptable. Both ofthese clinicsare invaluable to studentsby focusing attention on areas of extreme social importance and to the communityby servicing sectors thatnormally wouldnotreceive this type ofassistance. Financial strain is the alleged reason fordismantling these clinics. In addition, effortsto seek new forms offinancial help are not being pursued for fear thatthe school doesnotwantto establisharelied-upon service to thecommunity andthen beforced to renege onthatpromise becauseofanother fiscalburden. Both reasons are not adequate. The clinical program does not have to bear sucha large brunt ofthe school's financial crisis by canceling two of the offered clinics. This approach attempts to ameliorate thefinancial difficultiesofthe schoolby overburdening one The UB Law School program. This promotes the idea that the clinical program is expendable. It indicates thatwhat previously distinguished this school from othersisno longerofvalue. Stairmaster Theargumentconcerningthenecessity to offeraconstant commitment to the community is equally flawed. The asylum clinic has never been funded with supportthatcouldbe relied uponforany significantamountoftime. Theneedstothecommumty simply willnotbe met ifthe clinic is eliminated,and those needs deserveanyamountofeffort thattheschool can provide. I believethattheUß Law Schoolshould acknowledge its strengthsby ensuring thecontinuanceofboth clinics. From the perspective of a first-year student it is frustrating and disappointing to know thatthese programswill not be available. It is, though, especially upsetting thatthe schoolhas made noeffortto inform those who will be affected by these changes oftheir occurrence. I challenge my classmates to expresstheir oppositionand to resistallowtog the school to cut these clinics without any input fromthe students. This is oureducationand our educators should be held accountable to student input when decisions such as these are made. I byDanHarris.lPhotoEditor Forthoseofyouwhodon'tknow, UB Law Scihoolhasanexerciseprogram. Most ofus stressedlaw studentsknowthat (be best waytorelieveour anxieties andget in shape is to use the stairmaster. Uirfortunately, most ofthe timethe stairmaster at Alumni Arena isoccupied, withlong lines precluding needy law students from accessing it. Fortunately, our own dearlaw school has filledthe gap,and provided uswithourvery ownstairmaster. lonlylearned aboutUßLawSchool's stairmastertwo weeks ago. It was arather ordinaryday.rdbeenuplateflietughtbefore making surethe photos for The OPINION wereproperry edited. (That swhyrmcaUed "Photo Editor.") Asalways,lwas running to meetmy dear fiance, Lisa. I was on my way down to the second floor ofUB Law School fromouroffice on the seventhfloor. Itbegan like anyelevatortrip here. Push the button;wait forever; enter thedamn elevator. The only ominousomenwastbatl was uieonlyoneinlheelevator.andnoonejoined me. Graphic byKathoruly ...Military, continuedfrompage 4 closet. Completely lifting the ban does not remove thecloset for gaysorheterosexuals(as wealsogointoa"closet"). Obeying therules ofThe UniformCodeofMilitary Justicekeeps every member to thatcloset, onlyheterosexuals gladlyand voluntarily enterforthe sakeof adventure. Thecommonphraseology "ifyou can't stand the heat stay out ofthekitchen,'' is myadvise. Another claim is that Gay Rights are equated to that ofCivil Rights. Indeed it is unequivocallya mockery tocorrelate the Civil Rights Movement in theireffortsto upgrade the status of "minorities" (by orientation, not choice)withtherightsofgays. AfricanAmericans, Latin American, Asian American and women did not choose to be what they are. Then Creator determined that for them. The ever flimsy argument that the ban on gays is equivalent to the injustices faced by minorities iswithoutbasis. The chronic deprivation, oppression and exclusion fromopportunities is unparalleled. Until it can be proven that homosexuality is an orientation and not a preference; thenand onlythen would the correlation be valid. The military currently bans the use of alcohol, drugs,cigarettes,and the evidence of poor health etc. Should there be protests againstthese bans to the future? Should they notbeallowed to openly ban certain behaviors ifthey wish to maintain integrity, uniformity Should overeaters, bedwetters, alcoholics, drug abusers, sleepwalkers etc., whoarecurrently bannedfrom the military,protestalso? Should minorities throw white sheets overthe doorsandprotest the oncampus recruiting efforts of all-white law companies? Is covert hate and prejudice not moredangerous than overtpolicies? My opinion to the latter is "yes", simply because knowledge of policies would dramatically decreasetheunexplainedrejections and denials commonly faced by minorities. To challenge overt exclusionary policies is to welcomerejection, humiliation and abuse. Why voluntarilyaffiliate witha firm or the military ifoneknows about theirpolicies? For those ofyou Gay Rights advocates who protest theexclusion ofgays to the military, I suggest that if that same energy is transformed to aid to completely eradicating other socialandracial inequalities and injusand professionality? tices then, maybe, society can freely accept peopleregardless ofdifferencesorpreference and the military's anti-gay policy would be unjustified. The erection of closets and the many proteststo keep militaryrecruiters offcampus is not only a gross misallocation ofyouthful energybut outright selfishness. As it stands, we have a voluntary military. If a fellow colleaguechooses to seek employmentwitha firmthatbans gays,thosecolleagues should be afforded theopportuiiity. Everyone values the convenience of on-campus recruiting sothe ' 'good ofthe fewshouldnothinderthe' 'good ofthe majority. Inconclusion, whileClinton's policy on theban on gays to the military is not sufficient for gays, they need to accept that is the best economical, strategicaland social solution, if thearmed forces oftheUnited States wish to maintain their superiority. The many unresolvedquestions and issues would most certainly pose an unjustifiedburden on the military. To subject the present members toaccept thisdeviantbehaviorwouldruin the adventure for thosepeers whohave voluntarily contracted for it Withina few feet ofmy destination, second thethirdfloor,butnotyetonthe past fkwr.ihedevatorcametoapiematurestop. I stared at the suddenly unlit elevator buttons. They dimlystaredback. Ipressed them repeatedly. Noreply. Ihittheon/offswitch Still AddiIhitthealarm. Finally, no response. tionally, I let outaloud yellfrom myrather alarming voice. After no one appeared to hear the alarmor my yells, I forcedtherubber inner doorsofthe elevator open. I attempted,reattempted, re-re-attempted, etc etc to get the metal outer doors open My attempts were not a totalfailure. Between my yells and the alarmsounding through thenewly opened gap in the elevatordoors, I didsucceed in getting the attentionof anotherlaw student She assured me thatsecurity had been called. Nowalllhadlefttodo waswait Imustconfesslfounditabit" morous being trapped in theelevator. I lai: sdabit Prepared to be trapped inthe clear for a while,I tookoffmy jacket Thenm weater. Then my pants. Justkidding! It k out a schoolbookandmadegooduseoi aetime. Anyonewhoknowsmeknowsl'mkiddingon thatonetoo. Really,aftertakingoirtaschool bi*>M paced annind, wonderingb<. along I'd be stuck in thatdamn elevator The only minor traumaat thatpoint was-' cningto the other elevator going ding, a g, ding, ding, ding, dmg,ding,ding,ding. <-'•'■ dmg,dkg,dmg,ding > ding,ding. ig,ding, ding, ding, ding, ding,ding.ding ig.ding, ding, ding, ding, ding, ding.! (\ v get the idea.) Atlastmyrescuerscame. Ononeside ofthedoorstoUß Law School'sownunique double entrance elevators stood a man from security. Much to my surprise, instead of handing me aticketforillegalparking in the elevator,he began to instructme onhow to exitmynewfoundprison. Justthen,lheard a maintenance man yelling contradictory ordersthrough the doorsontheothersideof the elevator. The two argued briefly, until the security man deferred to the maintenance man's greater experienceat dealing withelevators with students trapped inside. Getting but was fairly simple. It turned out Ihad only to push a lever on the inner part ofthe steel doors. They swung open, allowing me to tossoutmy belongings. Then I happily prepared to jump to my freedom. Themenwouldn'taUbwme. They insisted that I grab theirshoulders, and allow ...Stairmaster, continued on page 7 October 19,1993 The Opinion 5 �The Roaming Photographer byDanHarris,.Photo Editor This Week's Question: "Late Night Wars:Who's OnTop? Who's On Bottom? Why?" Mindy Birman, 2L John Leifert, IL "I'm really disappointedwith Chevy Chase's show; so each night I watch FJeJfih instead." "I'm too busy studying to watch them. But if I were watching hwouldbe ChevyChase ofcourse." Joe Stavrou, IL " I'm too busytrying to makesure Pm on topto watch. Besides, Igetmostof my laughs to class." Monica Piga, 3L "The bestlatenightcomedyI've seen lately is John Craik doingAerobics in an ESPN commercial." ...Army, continuedfrompage 1 beback untilthefollowing Monday. Four day slater (onMonday, yesterday) this reporter called Lt. Col. Huckabee, who was expecting the call. A staffpersonrecognized thisreporter'snameandputthis reporter onhold. When she came back on the line, this reporter was informed thatafter waiting four daysto talk to this person(who was definitely the person to talk to),thathewould not talk to thisreporter and that this reporter should call the Public Affairs Media Relations DepartmentatthePentagontoWashtogton,D.C. This reporter's search for a statement by the US Army as to who canceled theon-campus interviewsand why had now spanned five daysand went fromBuffalo to Syracuse, back to Buffalo, to Kentucky, toVirginiaandnowto Washington, D.C. Mr. Marc Raimondi, arepresentativeof the US Public Affairs Media Relations DepartmentatthePentagon in Washington D.C., was both helpfuland courteous. Hewasnotaware ofthe protest and therelocationof interviews, but said he wouldresearch it Mr. Raimondi preliminarily commented thatthe Armyhas a policy ofnon-confrontation and that if itcan avoid confrontation, it will do so. He stated that it was beneficial to the Army to hold the interviews off-campus. Mr. Raimondi later yesterday made an official comment for the US Army. The interviews forthe JAGCorps are an importantpart ofthe employment process, Mr. Raimondi stated. Disturbances intimidate students, who would not do as well as they mighthaving to interview under such conditions. It isbetter to have a professional environment. The Army wantsstudents tohave the opportunity to dothe best theycan at aninterview. Avoiding distractionsand disturbances accomplishes this. Mr. Raimondi informed that 31 outofthe 33 on-campusinterviewees showedupforan interview downtown. "Counter-reaction" at ÜBLaw School The Dean of UB Law School, Barry Boyer, stated to an interview that no Army interviews were canceled; they were simply relocated downtown. Dean Boyer saidthat on theonehand itwas toobadthatthe studentshad to travel downtown and off-campus for their interviews. On the otherhand, Dean Boyer to A noted, the Law School accommodated the A law student going "into the closet" attend theArmy J G Corps informational session a leafletfrom aprotestor. takes protestors while allowing students interested to the Army JAGCorps to attend andhear the meCareerDevetopmentOfnce(CDO),appre- the' 'imperialistArmy "isnot high on the gay info session. Dean Boyer believes that on such ciated having the information session. Shefelt agenda. As to thenotionmat such protests keep a polarized issue as this, that the law school that the protesting students kept their sound good people from joining the military and could not do any better in trying to accommolevel down and were not deliberately disrup- changmgmepohcyongaysmtheinilitary.Mr. dateall interests. As to whetherthe protestors tive. Ms. Koscielniak pointed out that no Saporita stated that the military does not athindered thelearning environment Dean Boyer interviews were canceled; they were relotract goodpeople- the goodpeople therenow commented that itwas somewhat distracting cated downtown, justas the Navy' s werelast arenoteffectingtheban Mr. Saporita said that and that some students had varying levels of week. Ms.Koscielniak didnotbelieve thatthe the military is not democraticand thatthe ban resentment. He added that the protest was protesthindered thelearning environmentas comes downto the leading homophobes who controlled to a degree,and was atworst a mild the major points why a law student would are inpower. Mr. Karl Scheither, Co-Editor of distraction. Dean Boyer said that he had to choose an Army career were presented and overcomeworsenoise from thehallswhenhe studentswereasking questions. Outwords. thefirstqueernewspaper in Buffalo, statedhe was against the ban. He believes the was teaching. Charles Greenberg,a3Lwhoseon-camMs. Audrey Koscielniak, theDirector of pus interview was canceled and relocated ban is employment discrimination by the US downtown,was upset. He statedthathehad to government. There isno change fromwithin miss his morning classes to attend the off- the military, Mr. Scheither said, pointing out campus interview. Mr. Greenburg found it that change comes from the outside. Mr. initiation of a Black woman belittled for by Kristin B. Jones, Contributor ironic thatoneclass he missed dealtwith free Scheither saw the protest as an effective and WOMBman ffars-Theaterloft's first "fighttogback;''asDanisha,shecapturesthe speech andFirst Amendmentissuesas to land necessary form ofprotest. play ofthe 1993-94seasonis gone. But ifit youthfulinnocenceofagiri wholearns quickly Mr. 01uHoward,amemberoftheunderuse. Hefound irony to ho w thefree speech of evercomesagain,doseeit Itisoneofthefew the limitations ofher freedom; and, as the the Army was stifled by the protest. Mr. graduateLesbian, Gay andBisexual Alliance, theatrical performances that can actually ministerwhosechurch supported MikeTyson Greenberg stated that while he supports the said that the protest would not deter good sheconveysthedivisivenessofacommunity. teach you something serious with some huLGBLS effortto liftthe ban, the group' sfree people fromenteringthemilitary. Goodpeople, mor. Written and acted by Judith Jackson, Addingimpactto the workis Jackson'sexplospeechdoesnot givethem theright to humili- Mr. Howard insisted, will walkthrough the thisone-woman show is incredible. An ener- ration ofthe Jezebel "legend' * and ofAniate other people, such as the Army officer. He closetand work within the system. Bigoted getic andversatile actress, Jackson succeeds mus, a goddess. Clever one-liners like felt thatthe LGBLS was going too far withits people, hesaid,will notwalk through thecloset in blending her humor and wit to illustrate (WOMB-Woman to OverthrowMen'sßeand, according toMr. Howard, he does notwant closet. liefs) and statements like "women don't want how sexism/paternalism divides and reCathy Brennan,a2L whoisamemberof thesebigoted people to the military tothe first girl children anymore than men do" or "I presses all ofus. the LGBLS, statedforherselfandonbehalfof place. Mr. Howard stated thatthe protest was Jackson takes heraudience from the [Anita Hill] am only two places up on the the group,that shereally didnot care ifpeople aneffective wayfor increasing pubheawarernemorabteHUl/Tbomashearings,theTyson/ totem pole from the welfare queen and had to godowntownfortoterviewsbecausethe nessoftheban and to disseminateinformation Jezebel" makes one think about the ugliness Washington spectacle,to twoparents inconpolicy (the ban) is reprehensible. If people flict over how to prepare their daughter, ofsexism andracism to our society. have to be inconvenienced totrying to getthe Ms. Deborah Gottschalk, 3L, ispresiDanisha,forasociety which devalueswomen. dent oftheLGBLS. She was pleased thatthe banoverturned, Ms.Brennan said,they should WOMBman Wars is powerful. Ably switchingfrom manto woman,child to toe protestkept Armyrecruitmentoff-campus. be and it is too bad that they are. adult, Jackson's believability issuchthat one Jackson'sability to express creatively what Mr. ChrisSaporitafrom Act-Up partici- "Ifyoubuildh,they won'tcome" is thetheme almost thinks there is a full ensemble on itmustfeellike to be insomeone else's shoes pated in the protest Speaking forhimselfand she echoedafter thislatest tothe protests at UB makes this a fine and memorable perforstage! not for Act-Up, Mr. Saporita is opposed to Law School over on-campus recruitment by mance, As AnitaHUl, Jacksonevokes thehudiscrimination becauseofsexualorientation. the military while the ban on gays is still to He believes that trying to getpermission to join place. The Opinion October 19,1993 WOMB man 6 WarsWas Worth It �D The ocket Announcements percentagerate for purchases is 12.06percent fortheClassicand 11.06percent forthe Gold, Special UB LawVisa Now which isa very competitive rate. Available to Students " Yougetaninterestfree graceperiod of The Universityatßuffalo SchoolofLaw 25 days. Plus, there isno fee for the first six and Marine Midland Bank have announced months, then thefee iss2sfortheClassic, $45 plans to jointly introduce and market a Visa fortheGold." credit card. It will be offered to both Classic Other benefits include a free line of and Gold for the School of Law's alumni, personalized credit checks; credit cardregisfaculty, staff, studentsand friends. trationand changeofaddress service; $ 3,000 Imprinted withtheLaw School'sname lost luggagereimbursement; emergency cash and art decoLady Justice logo, theaffinity card and cardreplacement; emergency airline tickinstantly identifies thecard holderas a memets; 24 hour toll free traveler's message service; and worldwidecash access. berofthe ÜBLaw School family. All financial transactions between the "Every timeyouuseyour VISA cardto make a purchase, a donation is made to the card holderand the bankare strictlyconfidenUniversity atBuffalo School ofLaw at no tial. ' 'TheLawSchool willnot be involved to additional costtoyou," saysllene Fleischmann, your personal finances," saysFleischmann. executive directorofthe Law Alumni Asso' 'Marine Midland is known for its good customer service, which is one ofthereasons we ciation, whose members negotiated the contract with MarineMidland. chose them," shesays. Credit card applications will soon be Thosewho want the card should call 1 mailed toalumni/ac and friends. Faculty, staff 800-850-3144 and ask for operator LAW-2, and students will receive them to their Law Monday through Friday from 8 a.m. to midSchoolmail boxes.Anyone who wantsone can night. Orwriteto Marine MidlandBank, Uniapplyversity at Buffalo School ofLaw, P.O. Box "We think this is a good deal," says 4707,8uffa10,N.Y. 14240-8896. Fleischmann.' "There isalow toterestrate of "If enough people participate to the 9.9 percent for balances transferredfrom other program, the Law School could earn serious higher-interest rate credit cards. The annual money.Wouldn'tthatbe great?'' — - ...Finley, P.A.D. Holds Initiation PhiAlpha Delta(P.A.D.), International Law Fraternity, sponsored it's semi-annual initiationceremony Tuesday evening, Oct. 5, to O'Brian Hall. Installment of officers included Christin Horsley as Justice, Jane Monaghan as Vice Justice,and Toni Lorio as Activities Coordinator. Twenty-seven new initiates attended the ceremonies. The new PAD. members are PaulAntonowicz, Heather Baun, Bridget Cawley, Steven Cox, Eric Dawson, Joseph Del Vecchio, Noemi Fernandez, Audrea Ftolay, JohnGasper, Dawn Harris, Emily Leach, Fernando Leal, John Leifert, Timothy Mackenzie, Shannon Mclntee, Lisa Nasiak, Sharon Nosenchuck, Diana Osterman, VenitaParker, Yvan-Claude Pierre,Charles Smouse, JohnStanton, Patricia Swolak, Laura Wienecke, Elizabeth Wjasow, Jill Zubler, and Peter Zummo. Congratulations to all! P.A.D. plans to have the next initiation to the Spring of 1994. Here Come theFinal Rounds! The final round of the 1993 Desmond Moot Court Competitionwill beheld at 2p.m. at the Ceremonial Courtroom (Part 6) Erie County HalLFrankltoStreet(cornerofCourt and Franklin), in Buffalo. The public is invited to learn first hand: Will the conviction ofDr. RogerMortis stand orbeoverturned? Underthe proposedbill,FakeNails would be mittee, ithasalready occurred,particularly to liable for compensatory damages,butnotfor the area ofproducts for women (breast impunitive damages. plants, DES, the Dalkon Shield, Copper-7, Butwhy not punitive damages? RelyTampons,Accutane,Ritodtoe). JustbeProfessorFinley pototsoutthis is wrong: causethe FDA has approved a drug ormedical there isnorealreason whyFakeNailsshould be device,this does not mean these thingsare safe immunized against punitive damages. The products,nordoesitmeanthattoemanufacturF.D.A. isahelpful tool forregulation, butjust ersprudently andreasonably tested the safety because the F.D.A. approves something does oftheproducts,nordoesitmeanthattheburden that mean that manufacturers should not be ofproofofaconscious disregardforhealthand assessed punitive damages for consciousdissafety should beexcessively highfor the conregard ofhealth and safety? The point that sumer, nordoes mean that the' 'invisibility of Professor Finley presses is that F.D.A. ap- women's health product testing has been adproval shouldnotpre-emptthe manufacturer' s equatelyaddressed. Andifthe manufacturer isfound guilty liability inany respect Arguably, thisbill does and thenassessedfor compensatory damages, justthat Somewould arguethat the' 'Beautiful thenwhy shouldn'tthey beassessed forpuniNails" scenario wouldneverhappen. But,as tive damages as well,when necessary? The effects thatmany ofthesehorrendous drugsand Professor Finley pointed outto the Subcom- medicaldeviceshavehad on women* s lives is not covered underthe sphere ofcompensatory damages: it is the sphere ofpunitive damages whichprovides for ajustremedy. Professor Ftoley's research and testimony strive to insurethat product liability law is "fair to both consumers and industry". Recovery ofpunitivedamagescaused by drugs anddevicesapproved by theF.DA. shouldnot be prohibited: it is unfair to do so. And as Professor Finley argues to her work, such margtoalization of an issue so particularly relevant to somany women isnot only unfair, butarguablyprejudiced. Do weallowa bunch ofmentositaroundandmakelawsthatdeftoe whatdamagesarereal- deserving ofcompensation- and which damages are' 'womanly and undeservtogofajust remedy? continuedfrompage 1 Baptiste had not received a copy of the proposal as ofOct 13. "Ithasnotbeen distributed to SBA for our disseminationand comments,'' Baptiste said. "It would at least be reviewed by the tan boardofdirectors.butwehaven'thadachance to evaluate it "From what I understandwe will getit fromDeanNewell for us to commenton. The comments willbe compiled and distributedto thefaculty sothey canreview them. To date, we haven'treceived italthough I know there are only two weeks before the next faculty meeting." When asked to comment on the proposal, Baptisteresponded, "Idon'tknow how far it goeswithout seeing it. I thinkit's fairfor thestudents to havean ideaofwhat's expected ofthem, butit'simportant those expectations be withinconstraints andwithin expectations. The studentsrights have to be protected and that's whatSBA ishere for.' * Newell said it was important for the studentbody, the faculty and the staff to have some guidelines as to what the law school expects regarding behavior. She mentioned thatwhilethenumberofreportedtocidentsof hateful behavior have diminished to thepast years, she feels the need for a code of conduct is great. She emphasized thatdespite the probableinclusion ofaspeech provision, itwasnot intended as a code to regulate speech, but rather asan attempt governing behavior. At the present time, many law schools across the country, including the University at LOWDOWN:AlisonDesForges,Co-chair oftoe fotemationalCommissionOnHuman Rights Abuse to Rwanda, willbe speaking on "The International Commission as a Model for Intervention In Human Rights Abuses." SponsoredbytheGraduateGroupfor Human Rights. For more tofbrmation,stop by408 O'Brianorleaveanote toBox 734. WHAT: SheilaHealy, Director, Governor's Office ofLesbianand GayConcerns WHEN:3:3opmWednesday,Oct2o,l993 WHERE: 106O'Brian LOWDOWN: Coming OutDay Event WHAT: ClareRegan, speakingon "Honest Drug Education: A Solution?" WH£N:4p,m.Oct.2o WHERE: 110KnoxHall LOWDOWN: Leamabout America's "irrational drugpoticy." WHAT: TakeBack TheNight WHEN: 7 p.m.Wednesday, Oct 20 RAIN ORSHINE! continuedfrompage 1 ...Conduct, TheLowdown WHAT: Alison Dcs Forges speaking on human rights to Africa WHEN: 3:30p.m. Tuesday,Oct 19 WHERE: 545O'Brian(FacultyLounge) Buffalo School ofLaw, have* no code while othershave codes specifying the conductexpected, Newell said If thefaculty is to favor of the policy and the Law School receives approval from Albany, Newell said she wasn't sure ifpossible studentopposition could stop its implementation. While September 1994 is the optimistic implementation date targeted, Newell said issues still remain to be resolved. Included among these are who willadjudicate thematters covered under the policy. The FacultyStudents Relations Board isa standing committee with seven members, but Newell said it has traditionally only handled academic matters and fraudulent behavior. MadisonBoyce said the Student-Wide Judiciary Board currentlyhas jurisdiction over students, butnotlaw students. Hesaidthebylaws ofthe board state the law students may havetheir disputes settledby the student-wide judiciaryboard, butonly ifboth partiesagree. Boyce said, however, that he was recently informed that Universityrules state the rules apply toall students, including students oftheLaw School Boyce said itwaspresendy unclear ifthe JudiciaryBoard hasjurisdiction over the law students. Whilethe Law School hasno definitive policy regulating hateful speech at present it appears thata "Faculty Statement Regardtog Intellectual Freedom, Tolerance and Prohibited Harassment" passed to 1987 and amended to 1988 is still to place. In that statement, whichwas unanimously adoptedby thefaculty, paragraph threeincludes the statement, "it shouldbe understood thatremarks directed at another's race, sex, religion, national origin, age or sexual preference willbe ill-received, orthatracist, sexist,homophobic and anti-lesbian, ageistand ethnically derogatory statements,as well as otherremarks based onprejudiceand groupstereotype, willgenerate criticalresponses and swift, open condemnationby thefaculty, whereverand whenever they occur."In 1988,thefaodtyreaffirmed its statement, confirming that paragraph three "as presentiy constituted, does not contemplate impositionofsanctions..." The statementwas tested to court, with the Honorable Richard J. Arcara,UnitedStates DistrictJudgefor the WestemDistrictofNew Yorkdeciding thelawstudents challenging the statementhadno standing because thethey had sufferedno injuryfMajchrzakandWiencekv. FacultyofLaw and Jurisprudence. StateUniversity ofNew York at Buffalo, et aI.V In his 1991ruling, Jiidge Arcara cited Valley Forge Christian College v. Americans forthe Separation ofChurch and State. Inc. 454 U.S. 464, 472 (1982), whichheldthat to order to invoke federal jurisdiction,''[a] plaintiffmust allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to beredressed by therequestedrelief." Finding the students didnotmeet the criteria, the complaint was dismissed. It is unclear whether the faculty statementora newly drafted statement will be the oneincluded to the code ofstudent conduct WHERE: Hayes Hah, UB South Campus, next to the Metro station LOWDOWN: Everyone iswelcome to help increaseawarenessabout toe growing problems ofrape and sexual assault. The AntiRape Task Force aims to empower sexual assault survivors and to join together to resrx>ndto violenceagainstwomen and men. WHAT: "The Path to a New Guatemala: Refugees Return Home WHEN: 3:3op.m.Monday,Nov. 1,1993 WHERE: 545 O'BrianfFaculryLounge) LOWDOWN: JimenezPascual Jose speaks on Guatemalanrefugees returning toGuatemala fromMexico. Sponsored by dieLatin American Law Students Association (LALSA) and the Graduate Group for HumanRights. Formore information, stop by 408 O'Brianorleaveanotetoßox734. ...Stairmaster, continuedfrompage 5 themto gentlylower me down. Afterlwas free, they pointed outhow the floor ofthe elevator was less than half-a-foot thick. Had I slid backwards while disembarking, I couldhave goneright downthe shaft. (I believe most of uscan vividly recall the episode of L.A. Law to which Rosalind Shays fell toher death downanopen elevator shaft.) Now that was the scary part! Rushing to meet Lisa, at first I laughedofftheelevatortocident Butthen, as theday woreon,lfoundmyselfsuffering from a type of PTED (Post Traumatic ElevatorDisorder). Icouldn'tbringmyselfto enter an elevator again. My PTED worsenedover thenext few days. Icouldn'tenteraUß Law School elevator,noteventogo from the basement to the seventh floor. When I entered an elevator elsewhere, the normal shaking nearly sent me into a frenzy. Last, butfar fromleast,toe soundoftheelevator dinging tends to sendme diving forcover. Since the elevator incident, I've mastered the UB Law School stairs. I'm feeling to better shape, more energy, less anxieties, seemingly brighter days, etc. I'm grateful to UB fornotbettermaintatotog the elevators. It'sallowed me to get so much more exercise. I can onlyhope that all ofyouare fortunate enough to be stuck insideadefectiveUßLawSchoolelevator. Afterthat,you too can benefitfrommastering the stairs here at the law school. October 19,1993 The Opinion 7 �1 WERE NOT THE BEST I BECAUSE WE'RE THE aaaaaak aaaaß WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/518c47c26d6b46d7c036299b60e56b7e.pdf 8f023e4f7c3eba279640dbe8ac2ef688 PDF Text Text TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Volume 34, No. 5 November 2,1993 SBA PresidentAccused of Misconduct Baptiste Calls Treasurer'sAuegatbns 'Misrepresentations 'and'OutrightLie s' byJoseph Broadbent, Contributor withi Robert A. Johnson, Contributor Student Bar Association President Saultan BaptisLe was accused ofseveralfinancial improprieties by SBA Treasurer Marc Panepinto in Panepinto's treasurer's report, which was distributed Oct. 25 at the SBA's weekly meeting. BapUste deniedany misconduct on his part, calling theaccusations in the report "incorrect,misrepresented and obviously politically by motivated." Thereportallegedthatßaptiste: (l)paidfors2,looof his personalphone callswithSBA funds; (2) spent SBA funds SaultanBaptiste (L) andMarcPanepinto (R). withoutßoardapproval on two separate occasions;(3) inteniL actors (two from each class) to look into the allegations. After unsuccessfulefforts duringthemeeting torestrict tionally misrepresented theamountofavailable SBA funds (a $35,000 surplus);(4) unilaterallyfreezedthe budgets ofseveral discussion oftheallegations to executive session—themotion, studentorganizations inviolation ofArticle IV, Section 1(a)(3) which would have denied students their right to be fully ofthe SBA constitution. At the close ofthemeeting, theBoard informed, wasmade byBaptiste, andsecondedby VictorBobet appointed an investigatory committee made up of six class — and to postpone discussion until the next meeting, Baptiste MPaarcbholona Phot byPaulßosvig Phot was asked directly about the allegations. He stated that Panepinto had ignored the requirement that the matters be brought up withthe chairperson (Baptiste) prior to being discussed at the meeting. Baptiste maintainedthatthe information contained in the report were "mis-characterizations of fact," adding that some ofthe allegations were outright lies. According to Baptiste, the full truth was not contained in the report and he did nothing that was irresponsible, unconstitu- tional or unethical, as the report had claimed. Baptiste was given an opportunity during themeeting to directly address theallegations, an opportunitywhich heclaims was "utterly insufficient." The Treasurer's Report alleged thatthis was "at worst a misappropriation offunds, and at best an interest-free shortterm loan." Moreover,receipts go to the treasurer;Panepinto saidhe neverreceived areceipt, nor didhe find onein the SBA ...Misconduct, continuedonpageB 'Supreme Court' Refuses to Recognize Right to Die byJosephBroadbent, Contributor The "SupremeCourfrefusedtorecognizean individual'sright toassisted suicide in the courseofadecision upholding the conviction ofDr. Roger Morris,who was convicted for violating a New London state statute which makes itacrimeforany person toassistanother individual in committing suicide. Such wasthe final outcomeofthehypothetical case whichwas briefedand argued in the 1993 Charles S. Desmond Moot Court Competition. The final round of oral arguments washeld atErie County Hallin front of apanelofjudgesconsistingofDoloresDenman, Matthew Jasen,Leo Fallon, PaulCambriaand LeslieFoschio. The"Court"ruledinfavorof the StateofNewLondon, whicharguedagainst recognizing aright toassisted suicide-the socalled "right to die". Arguing for the petitioner,Dr.Mortis,were2LsElizabethßergman and JeremyBrown. Their opposition, arguing on behalfofthe StateofNewLondon, consisted of the team ofthird-years Joshua Kimerling andJohnMunro. Bergman beganbyarguing thatthe statute outlawing assisted suicide violated the 14thAmendmentrights ofDr. Julia Capulet, the hypotheticalwoman whocommitted suicide by ingesting a lethal dose ofmedication prescribed by Dr. Mortis. Bergman contended thattheright toassisted suicidewasanalogous to the widely recognized right of terminal patients to disconnectlife support; she stated that the only significant difference between the two is thepresenceofinvasive lifesupport devices. Sincethetwosituationswereessentiallythe same,Dr. Capulet should be granted guaranteedby the 14thAmendment. She did ofan absoluteright to die, onlyalimited right ofan individual to seek assistance in terminating his orher life when anincurable terminal illnesshas made thatlife excessivelypainful, which was the case with Dr. Capulet. Bergman emphasized that the State' sclaimed interest in the preservation of life is "abstract and indirect" and should succumb to the individual's overriding interestsin self-determination, bodily integrity and theright to die with dignity. JeremyBrown, Bergman'sco-counsel Pabyul for Petitioner,argued thatDr. Morris's conviction violated his Bth Amendmentright to be free from cruel andunusual punishment and also violated the 14thAmendment by convict- Lt> fi Yehl, Hueston, Sunshineand 1993Desmond winnersKimerling, Munro. terminal illness. ing Dr. Mortis pursuant to an over-inclusive refused torecognize such aright, he emphainterests, sizedthatthe State's various which Afternoting thatDr. Mortisknew he was statute. Brown focused on the fact that the have set state and and triedto hide hisinvolveacting wrongfully doctorsfor been forth various federal punishes simplyperforming in statute their duty of informing patients about a cases, outweighedDr. Capulet's right to pri- ment in Dr. Capulet's death, Kimerling conmedication's lethal doseand possible harmful vacy and her liberty interest under the 14th cluded by proclaiming that the right to die effects. He contended that the statute was Amendment. He asserted thatrecognizing a should belimited to cases involving invasive unconstitutional because it did not require a right to diewould create seriousproblems of medicalprocedures; otherwise, doctorswould finding that the doctor intended to cause the determiningthepoint at whicha personshould not have an incentive to search for cures for patient's death. Under the statute, Brown be allowed to exercise that right since the terminal illnesses. The final oral argument by Munro, argued, doctorsmaybepunishedforthepatient's determinationwould dependuponhow long a intent tokill herself, not for theirowncriminal terminal patient had left to live, which is Kimerling'sco-counsel, consisted ofhis constant fielding ofquestions from the bench. He intent. Since the statute allowed convictions difficult to determine. Kimerling went onto say thatsuicideis claimed thatthestatute didrequire afinding of forinnocentconduct,itwasover-inclusiveand not illegal because itis viewedas an expresintent by onlypunishing doctors who' 'conunconstitutional. Arguing for the State ofNew London, sion ofmental illness; however, thatrationale sciously" supply the means for a patient's Kimerling urged theCourt nottorecognize a does not apply to a person whoassists another suicide;further, Dr. Mortis'sconviction showed right to die. Afternoting that othercourts have in ending his orherlife. He distinguished the that the jury did find that he had intended to ■!■■— cases of withdrawal oflife support from ascause Dr. Capulet's death. Munro noted that .".-■—■.■—■'. *■'■:':, 'Vl:'." *""!"P" sisted suicide by explaining that in cases of similar statutes in other states had withstood assisted suicide, the person's deathiscaused challenges ofvagueness and argued thatthe by thesuicidal act (inthis casethe ingestion of statute was not vague because it unambiguthe lethal dose of medication), not by the Joshua Kimerling and John Munro ...Moot Court, continuedonpage 7 I■■ I the right to seek assistance in ending herlife. Bergman argued that the right to die stems from the due process privacy rights not seektherecognition Roalsvig Phot — II l» »■■■■■-■■■. II! Desmond AwardWinners 1 1stplace: I Finalists: Elizabeth Bergman and Jeremy Brown I Semi-finalists: Robert Kitson and Sharon Pigman Patricia Swolak and Rolando Velasquez I Quarter-finalists: I Randy J Ray and Suzanne Cruse Pamela Koplik and Susan Sanchez Christine Farley and Susan Soong Kathleen Linhardt andAntoinette Bonsignore — HIGHLIGHTS Group Spotlight Editorials and Opinion Mailbox SBA President answers allegations Health Care and the Law Alumni Spotlight Roaming Photographer. Docket 3 v .4-6 5 7 II 12 14 �V 1 f The until $200 Then Nwhat? ovembr discount 15th! is avilbe ) *ci- «* Cb> fc[ #£ . my Pi^g After $money 1395! that, I'm o6Bl^ the today! sending coutse t> Pieper People V 'S { J r.r in a r4 .v » L 10 Pas! Find \ J, \S —_ I i CAL Pieper New 1-806359 York-Multisae about Bar Revi w, Ltd. | I and great deposit i^ Ja v ApAeDlaetlea lo king iSfSLDigeDsiteyst'/Textboks f Alert to /I beter sinend rec ive my those $150 \ PIE R! evryone s talking If y Bar taking ttj ¥n -^ . Come r\ evrybod's se and j •, , ou New pl an York on } // tabOUt! alking what out why f Exam. the A tlf /J \\ \ / ] [ pas must ev r the take met NY said Pieper Bar i to /Every atorney Tve /j \\ Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa �BLSA BLSA is Here to Help bySharon Nosenchuck,.News Editor School, suchas ho wto prepare for theLSAT, the law school application process, andadThisweek'sGroup Spotlight focuses the Black Law Association on Student's vice on writingpersonal statements. Thenational groupofBLSA sponto (BLSA). According Marjory Avant, BLSA's to sors theFrederick DouglasMoot CourtComBLSA's President, mission is anational petition, provide academic support and professional competition.This year's on environmental law to students. Memberfocuses competition development all law BLSA is to law students. and the location of a waste facility. The ship in open all be will inBoston during regional rounds held ÜB's BLSA ispartofanationalgroup comthe the of the Northeast throughout February ofmember schools convention prised BlackLaw Students Association. This Region country. ILs Kristin Jones and Karen A.M. year, BLSA's activities Avant said that focus on preserving Black history and cul- Bailey will becompeting in theCompetition. ture. Activities that BLSA sponsored this Current officers ofBLSA are: Vicesemester include the AlisonDcs Forges lecPresident—Maija Reeves, 2L; Treasurer— ture (see article this issue),hosting arecepCraig Hannah, 2L; Secretary-Nicole Johntionfollowing Judith Jackson performance son, 2L; Chapter Representative-Patricia of "WOMB/man WARS" (see review last Campbell, 2L; and Community Liaisonissue), and asession for firstyears on how to Kedra Burgos, 3L. ThecurrentmembersofßLSA are very briefa case. In addition, BLSA participated in other law school organizations, active orientation sessions and co-hosted the in "Welcome to Law School" picnic with including SBA,Law Review, Desmond Moot SBA. BLSA's activities in the immediate CourtBoard, JessupMootCourtßoard,Circles, future include an outlining session for first the Graduate Group for HumanRights, The Opinion, andmanymore. years that will be taking place during NoSeveralBLSA members came to Law vember. BLSA publishes a newsletter that School already holding graduate degrees. is distributed to theentire law school popuAlso, many BLSAmembers bring withthem lation. BLSA is working withtheofficeofDr. to law school experience in suchprofessional MurielMoore, ÜB's Vice-President for Pub- areas as state government, education, and business. lic Service & Urban Affairs, and the NaBLSA members hadexciting summers, tional Lawyers Guild, to bring Cornel West to Buffalo in the Spring. WestistheDirector forexample,oneworkedforSenator Kennedy, ofthe A fro-American Studies Programand anotherworkedinamajorNew York City law firm, another studied in Kenya. In addition, Professor ofReligion at Princeton Univerone member ofBLSA is currently doing resity. BLSA sponsors an Adopt-A-School search in Geneva, Switzerland. Program, a mentor program which visits SaidMarjory Avant, BLSA president, schoolsandinstructs students,usually middle " I amproud tobepresidentofßLSA thisyear. school students, on how to prepare for law While itis difficult to match thesuccesses of school. Also,BLSA sponsors Law Day, in previous administrations, I have found the current members to be very supportive of whichBLSA hosts undergraduates in adaylong series ofprograms that provide them groupactivities. Matriculating in law school with information on how to get into law can be difficult, but BLSA is here to help.'' Speaker Says Human Rights Violations in RwandaAre Ignored byPaulßeyer, Contributor WithmediamterestinAfricafocussed primarily on Somalia, humanrightsabuses in other countries onthe continentare almost entirely ignored by the Western world. According to A lisonDcsForges, Co-Chairofthe InternationalCommission for HumanRights in Rwanda, "The United States pays little attention to Africaandvirtually no attention to a small, ruralAfricancountry like Rwanda withno resources ofinterest to us.'* Ms.Dcs Forgeswasthe featured speaker a at forum on October 19th in 0 'Brian Hall entitled"TheInternational Commission as a Model for InterventioninHumanßights Violations. '' Shechronicled her involvement in an international commission investigating human rights conditions in Rwanda. The eventwas sponsored by the GraduateGroup for Human Rights, theBlack Law Students Association and the Asian American Law Students Association and is part o fan ongoing series aimed at exposing and remedying human rightsabuses throughout theworld. Rwanda, a small, densely populated, central African country, beenruled by amonarchysincetlie 16thcentury. Hiegovernment hadlongbeencontrolledby theminority Tutsi tribe,relegating the majority Hutu tribe to a lower class ofcitizenship. Under colonial rule, the government instituted a policy, not unlike that formerly used in South Africa, requiring citizens to carry atribalidentificationcard. Ms.Dcs Forgesrecounted instances ofimmediate capital punishment for not carrying this card. In 1959,the Hutu overthrewthe Tutsi in a violent coup, beginning a long history of violence and torture against the Tutsi. Many Tutsi fled to thecountry' speripheryand organized a guerilla group called the Rwanda Patriotic Front. The goal ofthe international commissionofwhich Ms. Dcs Forges was a member was to investigate reports ofmurder, torture and unlawfulimprisonmentofthe Tutsiunder theadministrationofthe current president of large-scalemassacre ofthe Hutu in 1992. The commission was successful in locatingand excavating mass gravesites ofthe victims ofthe massacres, one ofwhich took place in the backyard ofahigh-ranking governmentofficial. Becauseofthe difficulty in locating exact burial sites, the commission had torely on interviews withlocal residents. Inatellingmomentofrepresentation, Ms. Dcs Forges said,' 'One woman showed us exactly where the grave was because she Uvednextdoorandsawtlireeofhersonskilled in the massacre." The report ofthe commission documented the existence of government-sponsored death squads, military abuses in the formofmurdering opposition troopsafterthey hadsurrendered, massacres, arrests without trials,rape and the burning ofbouses. Itwas also revealed that the government forced HututomurderTutsi aspartofagovernment worksprogram wherebycitizens arerequired to work a few days each yearon community projects. The release of the report and news coverage showing skeletons being excavated from mass graves led many countries torespond. Belgium recalled itsambassador. The U.S.reduced aid to Rwanda from 519.6million to $8 million, including anewrequirement thatmonies beallocated solelyto nonprofits andnotto the government. TheEuropean Community publicly condemned the Rwandan government, calling for an end to price supports for Rwandan products and Francerecalledsomeoftheirtroops supporting the Habyarimana government. Ms. Dcs Forges concluded by stating that she was pleased with the effect ofthe report but thathuman rights abuses are still common in Rwanda,although under a different guise. The government tried to distance itselffromfuture massacres by allowing the police agency, and not the government, to carry out these crimes. Rwanda, Juvenal Habyarimana The commission was i >rganized privately by theopposition party after a particularly violent and willbesponsoringsimilarevents. Thcyplan to focus onthe timely issue ofhealth care at a future forum. - TheGraduateGroupfor Human Rights PEN Prison Writing Committee gives prisoners artistic outlet ©, Dark Marbles © tYlis » d) © byJoeßates, Contributor Theexarnplesofartworkandpoetrythat were grim,sometimesfrightDawsonpresented The Prison Task Force, in conjunction morbid, accounts ofprison lifeand the eningly the UB with NationalLawyer's Guild, Poetics Itshowsthe resignedmindsetoftheprisoners. Department, and the Just Buffalo Literature with inunhealthy bodies, 'potential trapped Dawson for a Fielding ' Center hosted author discussion ofhis workas Chairman ofthe PEN terrible backgrounds, behind high walls" at Prison WritingCommittee. Dawson hasbeen work expressing the harshrealities ofeveryday working withconvict artists and writers for life. Many pieces were heavy withreligious more than ten years, in institutions such as themes (there are alot ofborn-again Christians Attica, Sing-Sing, Riker's Island, and San in theprisons). Sketches almost invariably expressed Quenrin. The PEN Prison Writing Committee objects ofdesirebound byrazor wire, or held was formed in 1972, shortly after the Attica out ofreach by locks and iron. The writing riots. Its annual writing competition draws expressed the experiences and actions ofthe under-privileged, lonely, andsometimes psyentriesfromall over the country; several hundred submissions in the categories poetry, chotic souls thatendup in our prison system. Dawson'sprogramdoesn'tclaim to be fiction, non-fiction and drama are received rehabilitative; it's there just to get the artists each year. Entries are judgesby editors, writers and othermembers of the community in going. Goingwith the hope that they' 11keep it each division,and then winners are selected. up after they leave. Unfortunately, said Dawson, where "The prison writer does not have the luxury ofwriting to entertain... Prison writers prison gives artists the discipline they need to develop their skills, it is frequently lost when writefor the samereasons that writers everythey return to the streets. It is the goal ofthe where write because it's life saving." program to teach them the disciplineand love writesprison author JeromeWashington. Prison literature is often confiscated by of thearts that they'11 need to continue. authorities, and writersabused by guards or otherprisoners. Personal communication is ' 'This programrequires artist and writ' ers,' Dawson asserted' 'notacademics.'' He dangerous because it can be misunderstood. agreat feels he deal working through the gains This oppressive environment breeds real ism; uneducatedrawnessof thesetalented inmates. to be fanciful istoriskyour life. Occasionally sometimes do things because it's a talentedconvicts work together on magazines "People cause,'' explained, he "I do thisbecause good or other projects, but these groups are freto." love quently dubbed subversive and broken up by I — — nervousofficials. November 2,1993 The Opinion 3 �OPINION Volume 34, No. 5 November 2,1993 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: LayoutEditor: Paul H. Roalsvig Ke wnP. Collins Lisa Nasiak Sharon Nosenchuck lAMV < /xVe OvruwE isa\ MAST£RPI£C!£! S* aUtrvu class) corvtct/uns (It spentrnonihsV / < ct, it, /vtr©tKS Vnotes, every caS£ brief, \ / days Od.L-t.in9 hundreds of Vwpotheticals, I Viours oef fectinq &. 7 ) excerpts fro»n'iiornbooks,< V_ ytYgy a. iabl& of contentsJ Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbuly StafTWriters: Saultan H. Baptiste, JoeKhanna, Tracy D. Sammarco Contributors: Karen Bailey, Joseph Broadbent, Shawn Carey, Bridget Cawley,Eric Dawson, PaulKeaton, BenPierson, Jeffrey A. Schoenborn, JeffreyWeissand Peter Zummo EDITORIAL Let the Truth Be Known What started out early this semesteras justso much gossip and rumor has crystallized into written statements regarding cold hard facts (see article this issue on these allegations). At last Monday's SBA meeting, allegations were made about SBA President Saultan Baptiste's mishandlingofstudent funds. A written report was givenby SBA Treasurer Marc Panepinto to all the parties who were present at the meeting. The report called Baptiste's conduct "irresponsible, unconstitutional, and unethical." Committees have been formed to investigate the matter and contact Sub Board I and any faculty members who may have been in volved in the affair. Speaking generally, it is an absolutely necessary and legitimate request to ask for an explanation from the person whoseconduct is being questioned. These are our funds that are in question. We recognize that human nature being what it is, that no one is perfect andthat we will all inevitably err at some point. Good faith errors injudgmentare one thing, intentional misdeeds another. Those entrusted to manage our monies and distribute them in accordance with our needs and wishes, as interpreted by the Treasurer, must beheld accountable for their acts. Those faculty members who play apart in assisting our studentleaders in their fiduciary responsibilities must alsobe held accountable. It is nottoo much to expect that those people we elect to positions of responsibility will act with greater care and diligencethanJoe Average student.'' After all, they are handling other people's money. Most of us don't manage other person's money, but then again we didn't run for office. Ifthe allegations are true, and if theacts are misdeeds, the trust which we as law students have placed in our Student Government Executive should be seriously questioned. It will then be up to therest of the SBA to decidewhether such misdeeds are grounds for any type ofdisciplinary actions. This paper firmly believes in the tenet that one is "innocent until proven guilty.'' Ifthe acts were goodfaith errors in judgment,we feel that an explanation is still due the student body. The Treasurer will then be haveto be heldaccountableforcallingthePresident'sconduct"irresponsible, unconstitutional andunethical.'' These are serious allegations and they may have severe ramifications for the later career decisions of a student of thislaw school. TheTreasurer in his statementhas also referred tothe previous SBA administration, and has alleged that funds were used last year to fund various types of' 'pet projects.'' Statements like these are easy to make, andharder to substantiatewith facts. We request only thatsuch conclusory statements, issued by a ranking official of our student government, be backed up with facts. False accusations against previous law students carry as much weight as false accusations against present law students. Neither type of statement will be condoned by this newspaper. Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly The Opinionis published every two weeks during theFalland Spring semesters. It is thestudentnewspaperoftheState University ofNew Yorkat BuffaloSchool ofLaw. The views expressed in this paper are not necessarily those oftheEditors or StaffofThe Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorialpolicy ofThe Opinion is determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will beedited for length. Pleasedo notput anything you wishprinted under our office door. Submissions can be sent viaCampus orUnited States Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716) 645-2147 orplacedin lawschoolmailbox76l. Deadlines for the semester are theFriday before publication. prohibitedwithouttheexpressconsent oftheEditors. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion November 2,1993 Opinion Mailbox The SBA Treasurer's Report Over thecourseofmy first 6 months as money sexistenceearlyinhistenure.andafter SBA Treasurer, I witnessed apattern ofconductonthepartof the SBA Presidentwhichhas made me very uncomfortable. Efforts to curb theseactivities have failed, and as suchitis my Constitutional duty to disclosethis conduct to theBoard ofDirectorsand the studentbody. acknowledging its presence has continually delayed informing law students ofits exist- * Shortly afterhis elec- tionSaultan Baptiste spent over $ 1000onhis course evaluation projectwithoutBoard approval ofthis expenditure. t*AsDirectorofPhiAl- Delta Saultan Baptisteran up a $2100personal phonebill between September 92 and April 93. One ofhis first actions uponentering office was to move $2428 into the telephone line to cover these personal calls. This action took place on 5/4/93. SUNY guidelines prohibit usingmandatory studentfees to cover personal debts. Saultan subsequently reimbursed these funds inJuly,but this does not correctthe wrong. * The SBA budget is much stronger financially thananyoneknows. We began the year with a cash balance of $45,000. We anticipate a surplus ofbetween $37,000 and $41,000for thisfiscal year. Saultandenied this * This semester Saultan committed $ 1500 to the first year face book, and then came to the Board for approval after the fact. * After studentgroups failed to file forms in accordance witha Presidential directive, Saultan instructedthe Treasurer to freeze theirbudgets. The memo dated 10/7/ 93 stated,' 'the following organizations may notperform any financial transactions with SBA." This action is outsidethe President's sphere ofauthority. TheSBA Constitution Article IV, Section 1, A(3), states thatthe Board of Directors'' shall:Appropriate the mandatory student feeand otherrevenue to student organizations according to the By-laws; upon a two-thirds vote, withholdand modifyappropriations ofthe SBA.'' Sincerely, Marc Panepinto SBA V.P. Speaks On Alleged Misuse Of Funds By President Asanexecutiveofficerof the SBA, itis my ethical and fiduciary duty to release the following information suggesting themisuse ofstudentactivity fee fundsby thePresident, SaultanBaptiste. Based on available documents and interviews with involved parties, thePresident, within days oftaking officelast May, allegedly used SBA funds to pay for approximately $2,000worthofpersonal phone calls that he made on a non-SBA phone line during the 1992-93academic year. He was told topay this back, whichhedid twomonths later. Thisgavetheappearance thatSBA funds were usedbythePresident as an interest-freeloan to pay a personal debt. Upon discovering this, I called Saultan during the summer and informed him ofmy knowledge ofthis alleged wrongdoing, thus leaving himample opportunity torelease this information in amanner ofhis own choosing. Saultan was encouraged to handle this V.P. Speaks, continued top ofnextpage �Opinion Mailbox, , V.P. Speaks, continued/mmpreviouspage matter ina forthrightmanner. Three months hadelapsed since I revealed this information to Saultan and he had taken no action; the time for disclosure was long overdue. Discovering and revealing such information is never pleasant. However, I felt strongly that it was my duty and obligation to do so. Pleaseremember that, untilafully investigated conclusion is reached, Saultan is innocent and should be treated as such. I can onlyhope thatthis matter isresolved expeditiously andwith as little damage to the SBA as possible so thatwecan geton withthe business ofproviding services to the students. I havecomplete confidence in the SBA Class D irectors charged with investigating this matter and I am thankful for their diligence and dedicationin approaching this difficulttask. Paul Beyer SBA VicePresident SBA President Responds to Allegations ofMisconduct Dear Fellow Law Students: Asyoumayknow,auegationsofmisconductwereraised by the SBA Vice-President Paul Beyer, and SBA Treasurer Marc Panepinto, at the SBA Board of Director's meeting on MondayOctober2s,l993. Itis my position, that theseallegations are mis-characterizations offact, inaccurate statements of fact, and exhibit a lack ofknowledge as to therole ofthe SBAPresident and the SBA Board ofDirectors. The SBA Board ofDirectors has established a fact-finding committee to clarify the validity of these charges. I support the committee and the Board of Directors in their quest for the truth. Whilethis evaluation is inprogress, itismygoal thatthe operation of the SBA, as a necessary vehicle for providing student services, will not be effected. It is my belief thatthe committeewillreturn withtheir evaluationwithin the coming weeks. Sincerely, Saultan H. Baptiste SBA President The SBA Conflict Zone To theEditor: Meetingsofthe StudentBarAssociation BoardofDirectorshavebeendescribedasaconflictzone. While past conduct maybean indication offutureproductivity, the current Board appeared to be one of action, and relative cooperativeness. During last Monday's meeting the Treasurer accused the Presidentofimproperconduct. Ascanbeexpec ted, themeeting wasreduced to bedlam because thereare no grievanceprocedures. Sixteen ofthe 21 people who currentiy comprise the Board have had no previous SBA experience, and therefore shouldhave been giventhe opportunity toperform their duties inalessaccusatorialatmosphere. Whenthe decisionwasmade to levelthese chargesagainst thePresident, theBoard elected officialschargedwithrepresenting theirconstituents —should have been given the opportunity to develop a viableplan for resolution. Unfortunately, one could conclude thatthe methodology used to reveal the allegations was motivated by something other thangood intentions because there wereno proceduralsafeguards. Somearguethe SBA is too bureaucratic, but adherence to administrative procedures can create confidence in the political machine. Those safeguards giverepresentatives and constituents an opportunity to participate in the political process, trusting that the mechanisms serve to provide equal access, and do not have discriminatory effect. Prior to action, orinaction, the actorsought to be sensitive to the ramifications of their decisions. An alternative approach to the method chosen mighthave created a more cooperative, inclusive and consensus building climate. Instead, selectively targeted segments ofthelaw schoolpopulation whohave historically dominated decision-making were included in the formulation ofthis course ofaction, therefore excluding those personswhose contriburionmightnave substantively assisted in the formulation ofa morereasonable strategy. Unfortunately, thislaw school population isreluctant to discuss race issues,and the suggestion thatcertain decisions made-even inadvertently have racial implication, ismetwith hostility. One must concede that, overwhelmingly in this - - profession, white-maleswieldthegreatest degreeofinfiuence and power. Minorities are provided limited access to the distributionofpowerand informationwhich iscontrolled bythe continued'frompreviouspage majority, whether or not theleader isa minority. Asthe investigation ofthe charges continues, theBoard ischallenged to begin developmentandadoptionofgrievance procedures and incorporate theminto the SBABy-Laws. Despite divergentpolitical perspectives/agendas, the Body can work together to address and satisfy the needs of the student population in aless rancorous manner. Marjory Avant 2L Class Director, and President ofthe BlackLaw StudentAssociation SBA is Unprofessional To the Editor: who wishnotto participate inthe protestremovethe' 'closet?'' Didlhavetherighttoremove the LGBLS "closet?" Ifsimilar protests willbe permitted inthe future, will students beallowed to remove the "closet?" Will precautions be taken so that groupsofstudents draggingtwo-by-foursaround willnotinjure themselves, others, or create violent confrontations? I think that you would agree that interactive protests involving unavailable free standing structures pose legal and practical questions. I would greatly appreciate any thoughts thatyoumay have aboutmy above questions. WhileI wouldbe happy to discuss these issues withyou, I would greatly appreciate awritten response sinceyour guidance might be help ful to future student interviewees and military recruiters. Thankyou foryourtimeand consideration. Sincerely, OmarDennis I was present, inmy capacity as an interested studentand activememberofastudentorganization,attheOctober2sSßA meeting, wheretheTreasurer presented various specific charges Desmond Should Release Scores against thePresident. Iwas appalled at the conduct displayed, seemed reasons: REPRESENTATIVES To Joel Sunshine and theDesmond MootCourt Board (1) The SBA fortwo information gotthis aminute moreinterested in whythey only As a participant in this year's Desmond Moot Court before the meeting than in addressing the substantive issues voiced 2 L by were several represenpresented. Theseconcerns competition, I would like to thank the Moot Court Board for the first by (2)Thevery as Presidentand others. runningagreatcompetition. Itwascertainlythemostinteresttativesas well in my 1 1/2 years here ai ÜB. reactionofmany (but fortunately notamajority) ofour REPREparticipated ing event I have SENTATIVES wasto gointo "executivesession." Although However, there is onearea wherethe MootCourtBoard isquite this motion was eventually defeated, it was defeated by a deficient:PLEASE RELEASE OURSCORES. narrow margin. Apparently the presence ofa number ofinterWhy doesthe DesmondMootCourtßoard insist onnot ested students whocare about how OURSTUDENT FEES are releasing both oraland brief scores on a timely basis? The spentunnervedourREPRESENTATIVES. Desmond competition was soldto the participating students as First, ifthe directorshad been doing theirjobsasreprea learning experience. Regardless ofwhether youwon orlost, their constituencies, touch with themerefactthatyouparticipatedwould be beneficial. Inorder sentatives, and keeping in least have been aware of at some the to get this benefit, particularly for those that didn'tmake the many ofthem would to Itistheirjob beaware atthemeeting. Board, weneedsomefeedbackas to how weperformed. Below problems broughtup of student concerns and to bring these concerns to the SBA! are my reasons why scores should be released immediately: Second, if they haven't been paying attention, then they are 1. Many students wouldlike to use theirbriefsas writing they to when are informed. Some complain hardly ina position samples. However, withoutanobjective scorefor the brief, we me, student, were someone like amere directors haveno ideaasto the quahtyofourwork. Thisbriefisworthless indignantthat know I'mnotthe I But only had any knowledge oftheproblems. as a writing sample without some type offeedback before message here, voiced The complaints. one whoknew orhad sending itto aprospective employer. know don'task won't questions you 2.Withoutknowingourscores,wehavenoideaastohow Directors, isthat ifyou what'sgoingon weperformed. Weconstandy complainthatourprofessorstake Second, theutility and purpose ofan executive session forever to gradeourexamsand then provide ho feedback as to onthis matter ishighly questionable. I was honestly at a loss ourperformance. Weareleftwondering howwedid throughout to understand why this course of action was necessary or ourlaw school career. Then, as students, we dothe same exact desirable. If the SBA cannot conduct itselfin a professional thing. By releasing the scores, you will enable the students to manner, so that it has to exclude those people who are most identify what their strengthsand weaknessesare and make this interested inthe proceedings,then the value and purpose ofthe a truelearning experience. wholeorganization mustbe questioned. Is itpossiblethatour 3. WhyIhe secrecy? Theßoardclaimsthatmembership REPRESENTATIVES are justonapowertrip?Thattheyhave to theBoardisbased solely on the scoresaccumulated during noreal interestinrepresenting anyone? If this is notthe case, the competition. If thatis the case, then whyare the scoreskept thenwhy should a session dealing with this issue beclosed?The secret? charges were specifically against the Executive for actions 4. The scores for each competitor have already been taken in his officialcapacity. I,for one, am very interested in computed. The timenecessary toprovide them tothe students knowing how myREPRESENTATIVES plan to address the should notimposesuchaninsurmountable burden totheBoard issue,and obviouslyI also want to know whatthey saidand did particularly in Ughtofthe educational benefits that the scores at the meeting, and how they voted. This is no differentthan will provide forthe participants. WhileI realize thatthe Board keeping tabs onyourlocal Congressperson(Congress, by the members have put quite a bit oftimeinto this competition, so way, never goesinto' 'executive session) and the SBA cerhavethecompeutors. Onaverage.acompetitorhasputinover tainly rise to that level. Or can they? 100 hoursofwork. Certainly two orthreemorehours spread among 40 members shouldn'timpose alarge burden upon the Board Cindy Lapoff,2L 5. The Desmond MootCourtBoard ispartially student funded. They havea responsibility to fully inform thestudents Protesting theProtest aboutthe scores. Itis ourfeesthat helpmake theDesmondMoot Dear Dean Boyer: Courtßoardpossible. Ihaven'theardonesoUdargumentfrom anyßoardmemberastowhy the scores aren'treleased. Theone I am a law student who was recently affected by the most mentioned is "tradition". It's time we stop the time Lesbian, Gay andßisexualLawStudents'(LGßLS)protestof honored traditionofsecrecyand properly informthe students. JAG Corps interviews on campus. I believethaterecting freeFortheabovementionedreasons,limplorethe Desmond standing structures, such as theLGBLS' "closet," that force Moot Court Board to reconsider their decision concerning students to participate in protests, isan inappropriate protest releasing scores oftheDesmondMootCourtcompetition. The thatshouldbeprohibited. benefits to the participating students clearly outweigh any I discussedmy concerns withUniversity Vice President concerns thatthe Board may have on this issue. Do the right ofStudent Aflairs, Dr. RobertPalmer, prior tothe demonstrathing!!! tion. Dr. Palmer told me that it was the Administration's Sincerely, position that this sort of protest falls under the protection of DavidNemeroff,2L freedom of expression. Dr. Palmer also explained that he discussed the protest withyou. Stick To Your Guns I was, and still am, disturbed by thenotion that a group To the Editor: ofprotesting students can force others to participate in thenprotest by building astructure thatmust beentered in order to Iread withkeen interestyour editorial"Let'stalk About lawfully assemble. That is why I was surprised to seea photo Guns." It is excellent! ItappearedintheSeptember2l,l993 ofyou, in the October 19 issue ofThe Opinion,removing the issue ofthe Opinion. "closet" so thatyouandCapt Camarella could enter theroom Keep up the goodwork. without being forced to participate in the LGBLS protest. Seeing thephoto ofyou removing theclosetmakes me feel that BestWishes, you might understand my objection to being forced toparticiMr.BedrosOdian pate in theprotest. However,knowing thatyou didremove the ' 'closet brings some questionsto mind. Opinion Mailbox, continued on page 6 I fprotesters arepermitted to build a' 'closet," may those ... November 2,1993 The Opinion 5 �Opinion Mailbox, A Few Suggestions AnOpen Letter the Administration ofUBLaw School: My name isKarl Obine. I graduated fromUßLaw School in May ofthis year. I have a few suggestions on how you can improve yourlaw school. Firstofall, your faculty statement, whichis unconstitutional, should be dropped. Apparently, no one toldy ou that the First Amendment applies to you and you must respect each person'sright to speak out, even ifyoudon'tlikewhatheorshe says. Peoplehavearighttocriticizetheirgovernmentandeach other. Ifyoufindit''offensive''or"disrespectful, "toughshit! Wehave aright to criticize otherpeople who we consider to be' 'politically incorrect.'' But itis important toremember that thosepeople who are' 'politicallyincorrect also have the continuedfrontpage 5 To avoid confusion, I justtellpeople I hada B average in law school(but to be honest, I think ifI had been tested on law in a traditional grading format, I wouldhave had an A average). Students shouldbe tested objectively on substantive law. The opinions ofyour professors should notenter intothe grading process. Youneed to improve yourresearch andwritingclasses (ifyou stilloffer them). A practical, no-nonsense approach to legalresearch shouldreplace youresoteric approach. There is abook called Legal Research-How toFind and Understand the Law by StephenElias. Thisbookispublished by Nolo Pressand itis excellentfor learning aboutresearch materialsand skills. Theresearch andwriting classthat I tookmaderesearch seem complex, but there is really no need to complicate things as muchas you do. Thebook thatI recommendedis much better than theresearch and writingclasses that I took. Students can teach themselvesresearch by using thatbook. I shouldnot have to plead withyou to implement these policies. These policies should be obvious to any reasonable person. Imusttellyouthatthebad wordaboutUßLaw School is getting outto employers. The emperorhas no clothes andyou right to criticize us. We can't claim a right forourselves and deny it to other people. That's why your faculty statement is invalidand should be ignoredby every one. Students and faculty who speak outshould notbe harassed, intimidated orrailroaded out ofthelaw school. Don't shoutanyonedown. I paid a lot ofmoney to be taught law, nottheory. Your professors should be required to teach law first and policy need to dress himbefore it's toolate. Hopefully, ifyourschool second. Students deserve to learn the law so they can pass the implements these changes, it will be known as a respectable bar exam and be good practicing lawyers. Please cut the crap place oflearning insteadofaplaypen for left-wingrejects and and teach more substantivelaw. asinking ship. Sincerely, It is no secret thatfaculty atUB Law School is politically homogeneous. Being exposed to differentideasis importantto aperson'seducation. Youhave chosen to insulate yourselves KarlObine and your students fromdifferentideas. Perhaps you are afraid UBLaw School of debate or just don't want to hear other people's ideas. Class of 1993 Whatever yourreasons, youarerobbing thestudentsofvaluable Rights'? learning experiences. I considermyselfliberal, butlfound that attending a law school staffed exclusively by liberals was To theEditor: boring. There are too many rabid left-wingers among your " All we wantisourhumanright was the grammatically professors and student body. They have afanatical self-righ- incorrect plea directed at me by the Lesbian, Gay, Bisexual teousnessunmatched by any Bible-thumping preacher. students(LGBLS) as I wasforced towalkthrough their''closet Your law school definitely needs some conservative demonstration to attend a US Army JAG Corps information pro fessors and more conservative students. Having a teacher session. I have heard ofmany humanrights, but Ihave never with differentideas can help everyone seetheirown ideas in a heard ofthe humanright to jointhe Army. Being a beneficial new light. If nothing else, diversity can reduce bigotry by soul, my first inclinationwas toassume thatthesewerehuman showing us thatgiven thecomplexity oftheworldand itspeople, rights scholars,anew formofwhich Ihad notyet encountered itisnotpossible foroneperson to haveall theanswers toallthe atUB. However, upon closer examination, Ihave discovered issues. Please get diversified. that these were protesters with an agenda ofpsycho-social I thinkyour foolish grading system shouldbeabandoned. propaganda and desensitization not even remotely related to What 'Human humanrights. I have sincenoticed that the display case in front of thelaw schoollibrary has been appropriated by theLGBLS. It contains anumberofdocumentsrelating to and promoting the homosexual agenda, including so-called "tasteful" photographs whicha kinder, gentlergeneration ofAmericans would probablyrefer to as' 'pornography.'' One item on displayisa movie-sized poster oftwo women, onewith exposedbreasts, engaging in homosexual activity. Whiletheostensiblepurpose ofthese pictures is to educate, I hardly believe the general public is unawareofwhat gaypeopledo with eachother,northat they care. One is left to conclude,rather, thatthe display is in fact a cynicaland deliberate attempt to desensitizeand indoctrinatepeople to homosexual acts. I find the display offensive in that it is yet another manifestationoftheintrusivenature ofagroup ofpeoplewho define themselves and their subculture in terms of sexual activity. Homosexual rights activists have been saying for years thatwhat harmless acts people perform in the bedroom shouldbeofno concern to thepublic, andthe public haslargely come to agree. Whatpurposedoesitnow serve forhomosexual activists to expose theirintimate behaviors topassers-by? The message seems to be: itisn'tfor the public to justignore them; theprivacy ofthe bedroomistoo conshaining; "acting up" is preferable to sitting back. They now claim some undefined right to speak openlyabout their sexual activities in public, at work,in the militaryand even in elementary school classrooms (Remember the tale ofMario's "two dads," which children wererequired toread inNew York City schools?). Thefact is,thereare not onlylegal constraints to free speech, (it's called "insubordination in the Armed Forces) there are also legitimate institutional and proprietary ones. For example, a heterosexual, constantly referring to his sexual orientation in public would probably earn the reputation of being boorish, unpleasant and undesirable company. For the sake o fdecorum, hemay be lawfullyreprimanded orfiredfrom his job,much to thereliefofco-workers. Though hemay infact be mentally or socially handicapped, no reasonable person would think ofgranting this obnoxious character special protected status. No caring parent wouldwish himtoteach Sex Ed orany otherclass, in theirchild'selementary school, norwould they wanthim tolead atroop ofBoy Scouts. Yet, Gay activists wishus totolerateanalogous behavior on their part, and whine ...Rights, continued onpage 13 Commentary: Not HappyWith Jessup Competition byJayChatarpaul Last week,I,along with only 13 other students, competed in the two preliminary oralrounds ofthe Jessup Moot Co urt competition. Virtually all seven judges gave me excellentreviews. During (lie oralevaluation immediately following the presentations, mostofthe judges toldme thatmy' 'presentations were veryeffective.'' They said that they were very impressed " withthe way I handled their questions,my knowledge and interpretation ofpertinent sectionsofinternational laws, and thatI was ' 'very persuasive. "My brief, according toonememberof the Jessup Board, was "very good.'' So why didn't I even make the finals, let alone the team? In the words of one member ofthe 'cssup Board, and a former member oflast year's team, "{l} didn't fit the typicalprofile ofaprospectivenieui am." lam not a "tall white mah wr an 'attractive white female," nora "tall African-American male, or''an attractive A frfe si-American female.'' Forgive me, I am justa simple G iivanese-American male, who misunderstoodthe purposeand reasons for thecompetition. Based on the comments ofthisBoard member, and the following, I can only infer ii selectionofthe finalists was driven by favoritism, nepotism.unprofessionalism, and ignorance. For instance, several students who didmake to the finals, and who perhaps n to become members ofthe team, fit perfectiy well into the highly desirable I .although somereceived unfavorable onts during theirfirst preliminary oral presental ion (according to somepeopleconnected with the event who declined to be identified). Unlike myself, some of these students areclose friendsand enjoy amicable relations (not romantic) with some of the members oftheBoard. Why holda competi6 The Opinion tionm thefirst place? Membersofthe Board should just choose four oftheir who fit the profile. Do awaywiththe competition. This,it seems to me, would be a better solution, rather thanwasting other student's time. In another instance, one judge, who gavemeagoodoverallreview.wrotedownon the evaluation sheet that I displayed "an accent!'' My firstreactionwasanoutburstof laughter. That judge showedhis ignorance of an important organization ofthe real United Nations. When thatjudge educates himself, he will surprisingly discover that very few English-speaking countries are members of theU.N. Thatis,judge,rnostmembersofthe U.N. speak with an' 'accept!'' On another participant's evaluation sheet was written the phrase "Hedidn'tknowhisshit."That student was another minority whodid notfit the desirable profile. Unprofessionalism? Yes, to put ittactfully. Such inappropriate evaluations are not surprising considering that many questions posed to me by these make-believe judges(who are actually practicing lawyers!) were so simple that anaverage high schoolstudent, having read my brief, would have beenembarrassed to ask. In contemplating whether to raise this issue, Iasked somelawyers for theiradvice. Mosto fthese students said thatconducts such as those discussedabove are prevalent in our society and in courtrooms across America, and very difficult to change. Ifthisistrue, then why do law students have to take a mandatory class in legal ethics? Eveniftrue, thefuture lawyers ofAmericamustaspire to change that whichis wrong. Even iftrue,the future lawyers of America must aspire to change that which iswrong. Most people in our society generally dislikelawyers. Some say that many lawyers lack some form of ethics. Society will continue to dislikelaw...Jessup, continued onpage 14 November 2,1993 © >93-94 distinguished Speakers series Cjjecomgje ik Willi political Commentator IIEBBWWII I^^^B Wednesday, November 10,1993, 8:00p.m., Alumni Arena '; f r ; affs irH —1 .*- *|l t —a Bwf €% Ii m llwwirFfliiifl ftVJlBHwf HiV llMiifilffliililiffl IBH �Is the Superfund ProjectWorking? by JoeBates, Contributor rently -1200 sites), and to find non-public is being financedby the P.R-P.s (responsible sources offunding the effort. It is estimated parties) under the Superfund's strict liability OnDecemberl2,l9BoCongressauthorizedthecreationofthe 'Superfund' program, that by the year2000, there will be 2100 sites policy for site accountability. The policy designed to clean up toxic waste sitesaround on the list; and with an average cost of $25 creates4categoriesofP.R.P.s:currentownermillion each,the totalbill willrun upwards of operators, past owner-operators, those who thecountry. TheSuperfundprojectisupforreknowingly had waste transported to the site, authorization next year, and the debate has $52 billion. But is the Superfund Project working? andthose who generatedthe waste. In fact, as alreadybegun as to howsuccessful the program Mugdan said,manyP.RP.selecttodothework At first, the projectwas plagued by bad manhas been, and where it needs to be changed. OnWednesday, October22, theMhchell agement and unrealistic expectations it can themselves, since they can dothe work quicker Lecture Committee sponsoreda lecture on the take decades to clean a site,which at firstgives (read: cheaper) than the government. Intheabsenceofthe SuperfundProgram, legislation and it's accomplishments. The the appearance thatnothing isbeing accomguestspeaker, Walter Mugdan, istheDeputy plished. Thebadpressfromtheseearlyyears, sites wouldnotgetcleanedifthecostexceeded Regional Counsel for Region 11,(New York according to Mugdan, has carried on to the the value ofthe property. Since the Program City), oftheEnvironmental ProtectionAgency. present. Although only 100 sites have been started with itspolicy offuture and perpetual Mr. Mugdan has been alawyer withthe E.PA. deleted from thelist, a significantmajorityare liability, thousands ofpotentialproblem sites for 18years,andlecturesontheprojectatPace in the cleanup stage, meetingorexceedingthe havebeen cleaned in an effortby companies to deadlines set in the 1986 amendments to the avoid government intervention. Thisfear has UniversityLaw School. According to Mugdan, theSuperfundhas statute. "It takes a lot of time to spend big actually been a guiding force in the developmentofa corporateenvironmental awareness, bucks.", he explained. two primary purposes: to cleanup the hazardavoiding future liability by better resource Atpresentover7o%ofthecleanupwork ous sites on the National Priorities List (cur- - management. Actaalfy,Mugdan believesthis policy has put scientists and companies on notice that theyare responsible for the detrimental effects of what they do, even ifthey work withinthe letterofthe law. Hementioned genetic engineering asan exampleofanemerging field made aware ofit's responsibilities through Superfund policies. To be sure,there areotherenvironmental problems thatcarry greaterrisksthan toxic waste sites: ozone depletion,urbanair pollution,indoor radon gasaccumulation, and loss of wetlands all pose greater threats to our healthand the welfare ofthe planet. These all share political and economic difficultiesthat make it difficult to work up a solution. The Superfund problems, on the other hand, are uniquely solvable. There are a limitednumber ofsites;and ifyou spend the money, they can be cleaned. More 'User Friendly' Health Care Could Avert Litigation ByDr.HarryA.Sultz, Contributor hospitals as a refuge. Patients receiving this chanty were thatattitude would lastlong in today's economy. The differenceis that whenmisunderstanding sand comshown thatpoorcommunication expected to be gratefulfor the shelterandthe nursing careand ;n doctors and patients isthe singlemost common cause even for the opportunity to lend theirbodies and illnesses for munication breakdowns occur within hospitals, already anxious patients and their families become distraught and medical practice. practice litigation. Moreover, healthinsurers increasBy 1900,propertraininginnursing,adequateanesthetics, angry. They may feel vulnerable and reluctant to act in the ingly believe that good physician-patient relationships can decrease both malpractice suitsand unnecessary surgery. effective methods ofantisepsis and sterilization, and other health care setting butafter theyleave, angry patients become Itis clear thatwhat patients wantmost isa chance to tell medical advances had transformed hospital practice from litigious patients. Admittedly, many hospitals are developing anew style merely supplying shelterand meager care to the needy and their story and thenreceive clearand understandableinformationabouttheirproblemandhowtosolveit Yet, research tells contagious to providing skilledmedical, surgical,andnursing of patient-providerrelationship that gives patients increased autonomy and provides the counseling patients need to make us that doctors,on theaverage, interruptpatients withinthe first care to the entire population. 18 secondsofan interviewandspendlessthan two minutesof The attitude persisted, however, that hospitalized pa- more decisionsabouttheirown care. ThePatients Billofßights a twenty minute session imparting information. As a result, tients, removed from their usual social environment, were in is prominently displayedand patientombudsmenareemployed a dependent relationship with charitable authorities. Vestiges to help resolve complaints, 60%ofpatientsleaveadoctor'sofficeconfusedaboutinstrucBut, whatmosthospitalshave not done effectivelyis get tionsandmore than halfofnew prescriptionsare of the idea that patients should feel favored to be in the hands of profes- people to be "nice" to each other. Study after study has improperly or not atall. sional superiors who can and should documented that, even withunexpectedly poor outcomes of Why such indifference about effective decide what is best for them have treatment, effective and courteous communication between communication when even competent doctors care-givers and patients would have satisfied potential litisurvived tothis day. whofail to establish rapport ormake sure paUnfortunately, the public has gants and preventedmany lawsuits. Hospitals andpatients tients have realistic expectations find thembeenconditionedtoreinforce thisphi- have come a long way from the "almshouses" of early selves defendants in malpractice litigation? America. It is time to have a more commonly understood losophy. Otherwise assertive, indeSurprisingly, the often strainedrelationpendent individuals tend to become expectation ofhow patients and the peoplewhocare for them shipbetweenpatients andhospitalpersonnelthe doctors, nurses, technicians, therapists and passiveand dependenthospitalpatients. should relate to each other. Hospital care-givers are too However, the impressive technology capable and patients too deservingofciviLand competent care, others—isrooted in the history ofmedical care thatsets thetoneofhospitalsofthe '90s to tolerate arrogant orcontentious behavior. and, particularly, that ofhospitals. Early AmeriHarry A. Sultz, DDS, MPH is Professor ofSocial and is not enough to counter the need ofa can hospitals, or ' 'almshouses'' as they were to Preventive Medicine and Director of the Health Services called, servedquite differentpurposes fromour more sophisticated public betreated were Research ofthe School ofMedicine and Biomedical Program present institutions. They founded to shelisindividuals andequals. Regardless Sciences, terthe aged dying,orphans,andvagrants,and to SUNY/B. ofthe source of payment, all patients protect the general public from the contagious sick and the have everyright to expectthe common courtesies thatmake life's transactions dignified andbearable. dangerously insane. Persons with family or the means to obtain medical or Nevertheless, many hospitals still seem to expect that nursing careathome never enteredovercrowdedand unsanitary patients should shed their statusas individualsalong withtheir hospitals thatofferedlittleornomedical care. In fact, hospital clothes. Toooften they areexpected to be "good soldiers" and patientswere somiserable andtheircircumstances so appall- calmly accept discomfort, delay, and inefficiency without ing thatreligious orders saw volunteer service in hospitals as complaining ortaking action. Insteadofreceiving comforting a spiritual outlet for those seeking salvation through good support and information, it is not unusual for patients to be works. ignored, rebuffed orscolded for asking questionsabout the ir Later, physicians who wanted aplace to practice surgery concerns. Too frequently, otherwisecaringand empathetie and obstetrics and to teach medical students, separated the health care pro viders become impatientand non-communicaphysically sick from the vagrants, criminals,andthe mentally tive because ofthe frustrating nature of their work. Their fttytmw ill and put them in facilities more property called hospitals. indifferencetoapatient'sneedsforinformation, comfort, and lUm**i>4,?TodayiiN<».2mi-EUetio*Day. Those poor patients, however,were considered tobeunavoidhumane contact is the most common complaint about the able burdens to society for whom communities provided hospital experience. Indeed, no retaileror service vendorwith EForyears,researchhas r Remember ToVote Today! , ...Moot Court, continuedfrom page 1 ously stated that doctors would only be punished ifthey were awareofthe patient's intent tocommitsuicide; thus, there wasno dangerof over-inclusiveness oruncertaintyaboutwhat conduct would violatethe statute. Munro concluded by asserting thatthe statutewouldnotinterferewithanyofadoctor's dutiestowards hisorher patientbecause doctors do not have a duty to assist theirpatients in killing themselves; in fact, they have an affirmative duty under the Hippocratic Oath nottogiveapatientalethaldoseofmedication ifthey know thatthe patient intends to commit suicide. After announcing their decision and conceding thatthePetitioner's argument was more difficult, the judgescomplimented the participants on their performances and gave anecdotes about their ownmootcourt experi- ences. Judge Denman also gave herannual comment that the participants were better prepared and morearticulatethan lawyers she encounters incourt. All four finalists received BAR/BRI scholarships for theirperformances. Awards were also given out for best briefand best oralist. All participants in the competition are also qualified to participate in the Mugel Tax Competitionthis spring. However, for thoseof us who could not or did not participate in Desmond butwould like to participate inMugel, think again. The Moot Court Board has graciously and arbitrarily decided in its "infinite wisdom" that onlythose who participated in Desmondare allowed toparticipate inMugel. Does that sound like a fair decision? Other Desmond AwardWiiiners L BestOralists: #1 JoshuaKimerling #2 Sharon Pigman #3 Patricia Swolak I BestßriefAwards: #1 Joshua Kimerling and JohnMunro #2 Pamela Koplik and Susan Sanchez #3 Elizabeth Bergman and JeremyBrown #4 Charles Smouse and Marianne Rodgers #5Kathleen Linhardt and Antoinette Bonsignore November 2,1993 The Opinion 7 �...Misconduct, continuedfrompage 1 Anatomy Of an SBA Meeting byJosephBroadbent, Contributor Whatreally goes on at an SBA meeting? UnlessyouareamemberoftheSßAor have attended a meeting, eithera) youdon't know,b)youdon'tcare,ore)both. Before! attended theOctober2s meeting, I wasblissfully ignorant ofwhat transpired at a typical meeting. Nevertheless,I was somewhat curious aboutwhatoccurredatameetingof the bodywho supposedly represents thestudents' interests. The meeting opened with a lectureby President Saultan Baptiste in which he set down disciplinary guidelines and rules of conduct for the meetings. I was more than a littlesurprisedto learn that in previous meetings, members routinely walkedaround talked amongst themselves while other members were speaking, and left in the middle of meetings (conductwhich occurred thatnight despite Baptiste's lecture). Ifthereisoneword mataptly describes the overall tone ofthemeeting, it is "sluggish." To saythatprogress was sometimes slowis somewhatlike saying thatBuffalo in January is a little chilly. It took fifteen minutes just for the Board to approve and adopt theminutesfromthepreviousmeeting, duein large partto members'adamant insistence onchanging who seconded whatmotion regarding a particular issue. Perhaps the most telling example of sluggishness occurred towards theendofthe nearly four hour meeting when it took the Board twenty minutes to decide whether it would be better for the Board to discuss economic issues every two weeks orevery four. Why shouldthe SBA concernitselfwith the more pressing issues that have a direct impact on the lives oflaw students when it can devote twenty minutes to such aburning issue? The lecture on proper conduct was another example oftime which shouldhave been better spent Aside from the fact that elected studentrepresentatives shouldn'thave to be told notto leave the meetings or not to talk to each other whileanother member is speaking (things which should be self-evident), it is disconcerting to realize thatother issues had to be set aside for a lecture that seems moreappropriate forgrammarschool thanfor law school. lalsogottheimpressionthat there was a distinct level ofantagonism among the Board members. Certain members felt no compunctionin implyingorsimpry declaring that other members were liars, unethical, politically motivated oreven racist. While in some cases, the accusations were "modified " orapologized for, one wonders whythe speakers didn'tminkbeforetheyhurledmud rather thanafterwards. At times, it also appeared thatcertain rules ofthe meeting were being used in an inconsistent, antagonistic manner. While I recognize that the rules are important and must beadhered to byall members, I cannot eliminatethe sense that some members were using the rules in order to strike out at other members for onereason or another. Some rules seemed to be used simply to interrupt other membersortoprevent them fromspeaking at all. I wasalso struck by thefactthat there was aconspicuous lack ofsufficientchairs for theBoard membersand any observers. While this might seem trivial, onehas to wonder if this lack of adequate seating is intended to discouragethe studentbody fromattendingafter all, who wants to sit on the floor for almost fourhours straining one'sneck looking up at the' 'elevated Board members? Perhaps this was a simple oversight, but it is extremelyunlikely that every otherroom in o'BrianHallwasinuseat6pjn.onaMonday night In the SBA's defense,at times I was impressed bystatements indicating the members ' concern for their position. This was especially brought out in the debate over whether to go to Executive Session (which prohibits anyone who is not on the SBA's Executive Board from learning about what transpires in such sessions). Some members emphaticallyargued that the students have theright to know everything thatgoes on in SBA meetings and thatgoing intoExecutive Session indicates secrecy and an attempt to hideinformationfromthe students. Thankfully, this view prevailed and the students were not denied the information they are entitled to know. However, the possibility stillexists that theBoard can go into Execu tive Session in some instances androb students oftheirright to know whatis going on in the meetings. Boardmembersare forbidden from discussing anything that is said while in Executive Session, which means that the students who elected the members can never find outwhatoccurredor what was saidin those sessions. It is difficultto believe thatthereare issues so importantand sensitive that they should be hidden from the students. Indeed, the more important the issue, the more imperative it is thatthe stu dentsare informed ofactions or discussions concerning the issue. Overall, the SBA indicated its similaritiesto Congress: therewasaconsiderable amount ofdelay and foot-dragging, debates became heatedand sometimes personal,and relatively little was accomplished as aresult ofafour hour meeting (again, in the SBA's defense,the bulkofthe meeting wasdevoted toaddressing the Treasurer's allegations, but I have been informed that the length ofthe meetingand the general tone observed are typical ofSBA meetings). Despitewhathas beensaid, itisa good idea forstudents to show up at thesemeetings, if only to let the SBA members know that someone is watching them to ensure they don'tletwhateverpower they havego tolheir heads (although I'm sure that many ofthe members genuinely care about their positions). Ultimately, the present arrangement withallofits drawbacks is still superiorto the alternativeofhavingno studentgovernment and leaving decisions up to faculty and the administration,whichis a trulyscary thought - -- Special Election — For Parliamentarian/Office Manager Duties Include: Advising on parliamentaryprocedure Maintaining SBA records andfiles Managing the office affairs ofthe SBA Promoting andpublicizing theactivities ofthe SBA Petitions Available Now Due Nov. 5,1993 8 The Opinion November 2,1993 office ~ he had to go to Sub Board to get it. Baptiste responded, in part, by saying that"thoseweremyphonecalls." Baptiste said he was unsure ofhow to properly payfor the phonecalls wherebyhe consulted withformer SBA President William Trezevant, whorecommended the course ofaction thatBaptiste allegedly took. During the meeting, and in a separate interview, he statedthat no person could possibly answer all the charges contained in the reportin 1Ominutes,theamountoftimehesaid wasallotted tohimduring themeeting. He said he feels thatthe Board could have givenhim more time torespond, but chose notto do so. Partofthereason Baptiste saidhe felthe couldn't answer the report's allegations was thathe didnotknowaboutthereportuntil it was handed to himatthe beginning ofthemeeting. Consequently, he couldn'tprepareanswersto the allegations. While it is undisputed that the report wasnot distributeduntil the beginning ofthe meeting,Panepinto disputesBaptiste'sclaim thathe had no knowledge ofthe matters contained in the report and claims thathe brought eachincident in the report to Baptiste' s attention as it arose, but that Baptiste did not satisfactorily address them. Baptiste con- cedes discussing the issues, but denies that they were ever discussed in the way that Panepinto characterized them in the report. Baptisteand some otherSBAmembers havedeclaredthatthe way inwhich Panepinto presented theallegations was unprofessional and improper. Baptiste asserted thathe would never bring public charges against a student withoutproofoftheirvahdity. He saidthat the charges should have been kept confidential until after an investigation. Bringing forth unsubstantiated public accusations, he maintains, is dangerous in any situation but particularly so in this instance because ofthe damage such unfounded charges could do to his law careerand to the SBA's image. Baptiste added thatthere was nothing at all professionalabout the wayPanepinto presented the allegations and characterized the methodas' 'underhanded because Panepinto lied about what he was going to say at the meeting. Baptiste saidthatPanepinto told him hewasgoing to discussastudentdiscountcard. According to Baptiste, this disproves Panepinto's claim that the issues had been discussed prior to themeeting because ifthey hadalready discussed thematters, therewould havebeen noreason to heaboutwhat was going to be discussed. Headded that atthevery least Panep into should have put the matters on the agendaproperly rather thanresort to lying. In response, Panep into reciteda quotation that ' 'procedure is the last bastion for. scoundrels to hide." He declared that the procedure used to issuethe allegations does not change the fact that everything detailed in the reportactualry occurred. He went on to say that Baptiste's claim that it should have been handled differently is "ridiculous and that the outcry about the procedures he used is a resultoftheßoard's"bruisedegos." Hestands behind the substance ofthereportand claims that he tried, unsuccessfully, to remedy the problems with Baptiste and to resolve the matter internally but,whenthat failed, he was obligated by his duty to present the facts. Panepinto maintains that he has sufficient evidence to support hisallegations (some of which he presented to the investigatory committee's chairman at the close of the meeting) and that there is no evidence to supportBaptiste'sclaims. Further,he said that because Baptiste is apub heofficial elected by andaccountable to the students, it wasappropriate to make the allegations public at the meeting. Improper conduct by the President, he declared, implicatesboth the SBA and him in wrongdoing. He feels thatitwashis duty to informtheBoardand the students ofactions he viewsas improper. Panepinto dismissed Baptiste's claim that the actions were politically motivated, emphasizing thathehasabsolutely nothing to gainby bringing the allegations. Further, he maintained that the facts contained in the report are undisputed and that they actually occurred. Hedoesn'tregretbringingtheallegations or thewayhecharacterized Baptiste' s actions in the report. Baptiste declined to discuss follyand to answer each allegation in detail, stating that he would do so in front of the investigatory committee. He did say that if he had done anything wrongregarding the phonecalls,the Accounting Office would have notified the administration (which it didnot do). He remains confident thathe will be cleared ofall chargesuponcompletion oftheinvestigation. Baptiste spoke aboutthe good things accomplished by the current SBA such as the firstyearfacebookandthefact that thecurrent SBA isaccomplishing more than lastyear'sBoard. Healso expressed concern overthe detrimentaleffect thismatter will have on the SBA, but hopes that it will inspire student interest, whichwouldbe apositive result. Heconcluded ...Misconduct, continued onpage 11 Speaker-Tells Muslims How to Survive in America byKaren Bailey, Contributor ' 'America's fivemillionMuslims must meet some crucial challenges if they are to survivein thiscountry,'' said SulaymanNyang, Chair ofthe Department ofAfro-American Studies at Howard University, in a recent lecturepresented by the Muslim Student Asso- nomenon He likened the challenge to choosing between the Sophists'relativist attitude versus Socrates' moralapproachto humanrespon- sibilities. "The [Sophist] approach offocusing on personal pleasure [devoid ofaccountability] ciation. The former Editor ofthe Journal of encourages human beings to use others as Muslim Social Science addressed both Musextensionsofourselves to getthethings thatwe lims andNon-Muslims on the topic, Muslims need; dehumanizing them [others]," he asserted. in America. According to Nyang,the' 'eat drink,and According to Nyang, amajor challenge for American Muslims lies in the area of bemerry fortomorrowyoudie" attitudeofthe personal identity. He emphasizedthe imporRomans is responsible for that civilization's tanceofMuslims addressing who they are,' 'as demise. "Thisisthekindofhedonismandlack Muslims, versus the sociological realities of of moral standards that wiped the Romans America." According to Nyang, Muslims away,'' he saidand emphatically pointed out represent a diverseracial and ethnicgroupand that it could have the same effect here. shouldavoidrace-basedclassifications, which, In his opinion, Muslims need to be wary in his estimation, are within the American norm Headvisedhisaudience against adopting the philosophy "that Islam is a cultist religion for non-whites." Nyang described American Muslims as comprised of people having roots on all thecontinents and emphasizedthe necessity, in thiscontext, "ofconsidering the Islamic identityas primary.'' Another important task for Muslims, according to Nyang, is dealing "with the reality ofsecularfundamentalism.'' Nyang, who believes that this is an apt term for the moralcondition ofAmerica, used Greekand Roman phikisophy tofurtherexplainthisphe- of "American me-too-ism" as well as ' 'Neitschze's superman concept in their attempt to survive. Headvisedhis audience to focus lesson their individual desires and to "think more about the Creator." According to Nyang, Islam's focusonprayer, fasting,philanthropy, and"fear ofGod," has alotto offerMuslims and non-Muslims in resisting the "social darwinismofAmerica. Adherence to these and other Islamic principles, Nyang believes, will aid Muslims to survive in "thisculture ofdisbelief, where people are actually embarrassed to say that theyarereligious,". ~,,,,,,, �New UB Buildings' Janitor Service Goes Non-Union Who are the Winners and Losers in Maintenance Contract? byKevin P. Collins.*ManagingEditor janitors. Rather, positions are filled through The recent World University games in attrition. With the new facilities, Mr. Nayler Buffalo brought muchfanfare and attention to said,the University would notbeable to mainthe city. Itwas also beneficial to the Univertain the services if they had to pay union sity at Buffalo. The attendance at the games janitors. He did say that UB put in a request increasedrevenue for thebusinesses located in fromthe NewYorkStatelegislature inAlbany theCommons. Theparking feesbroughtlotsof for the required funds, but that UB only remoney totheUniversity. And whenthegames ceived two-thirds (2/3) of whatitrequested. had gone,what stood behind were three new The University thus could not afford to pay buildings builtontheNorthCampusofUß. Just what the contract with the Civil Service as the gameshad itswinnersand losers, so did Employ cc'sAssociation callsfor to bepaidto the buildings; theUß Administration decided public-sectorunion janitorsand therefore the to bid the janitorial/maintenance service out decisionwasmade to bid outto asubcontractor to anon-union private subcontractorlocated in forthejanitorservices. The private, non-union Rochester andto nothireunion publicemployjanitorsprevailing wage rate, Mr. Nayler said, ees as in the past with the Civil Service is substantiallybelow whatis paid to the CSEA public employee union janitors,stating thatit Employee's Association (CSEA). was less than halfof whatthe union janitors UB SAYSITIS STRICTLY BUSINESS now get paid. The three buildings that were justbuilt Thedecision to bid the janitorial/main- andinwhichthese non-union janitorsareprestenance servicetoaprivate, non-unionsubconently employed are: the new stadium, the tractor located in Rochester wasmade by Mr. Student Union Building, and the Fine Arts Ronald Nayler, the Associate Vice-President Center. The threebuildings involve a totalof forFacilities forUB. Inan interview withMr. 12-15 employees doingcleaning. Mr. Nayler Nayler, he statedthatthe decisionto goprivate stated that he believes that there will now be and non-union was onemade basically because no sick-timeabuseproblemorworkers' comofbudgetconcemsandrequirements. Hetold pensation claims,alleging thatwiththe CSEA ofÜB's numerous substantial budget cuts in janitors there has been a problem in these the past five years. According to Mr. Nayler, Heagain reiterated thatthere havebeen 20% ofthe operational budget has been cut nolay-offsoftheCSEAunion janitors,norwill during that timeperiod. In opening up new there be. The jobs will be filled through facilities, the new buildings' maintenance attrition; those janitors presently employed services were onearea thathad to be cut. The need not worry about jobprotection. academic services thatUBprovides have to be Mr. Nayler discussed the issues ofcostmaintained at theirconstant level, Mr. Nayler effectiveness, thetightening ofthe budget,and stressed, even with the budget cuts. Thus, the the running oftheState government. He said service industryand facilitiestake the bruntof that given these concerns, the issue here is the cuts. really not one ofprivatization and going nonMr. Nayler went on to explain,however, union nor one ofthe pluses and minuses ofa thateven whilethebudgetcutstoUß havebeen union work force;rather, Mr. Nayler believes heavy, there have been no lay-offs ofunion the issue tobe one ofhow tomaintain thelevels areas. ofservice presently beingreceived, given the janitors. Mr. Naylerresponded to theunionposition that this is a violation of the New York StateFair Employment Act(the Taylor Law), whichcovers public employment TheCSEA claims that the hiring ofthe private subcontractor, non-union employees is in violationof thelawbecause it is past bargaining unitwork. have a job and can get off unemployment. Mr. Nay lersimply dismissedthis, stating that the current collective bargaining agreement Continued employment, he stressed, isa stepping stoneto a higherjob; Mr. Nayler believes thatSUN V has withthe CSEA allows for this that these non-union janitors will advance and that the decision to go non-union was themselves in the workforce through their reviewed and passedby SUNYadministrators present job. If they are between jobs,then this and the legal department. will getthem off ofwelfare and offofthe the THEUNIONRESPONDS unemployment line. Mr. Nayler does notbuy into the argument thatby employing the nonThe maintenance/janitorial employees union, private subcontractor janitors, UB is in essencesubsidizing theprofits ofasubcontracwho are employed by UBarerepresented by a tor thatis not evenlocated in Buffalo. union, theCivil Service Employee's AssociaSome, including the union, have put tion (CSEA), Local 602. Thepresidentofthe forth the argument that these low-wage jani- CSEA Local 602, whichis thelocal for ÜB, is tors whoreceive little or no benefits are ex- Kathleen Berchou. In an interview with Ms. ploited by subcontractors because the janitors Berchou, she statedthat the contract with the (even though employed), still need toreceive non-union, private subcontractor, Sheen & pub he assistance such as food stamps, welfare ShineJnc, which islocated in Rochester, started or housing assistance, just to survive. This as of Sept. 1,1993. Documentation that she public assistance comes from the citizens produced supported this, as acontractencumhard-earned tax dollars. Thus, the taxpayers brance request shows thatUß agreed to pay are subsidizing the subcontractors, because if $705,000.00 to Sheen & Shine, Inc. for custothe subcontractor paid the janitors a decent, dial services in theStudentUnionbuilding, the fair wageand benefits, the janitors then would Fine Arts building, and the new stadium. Acnotneed the public assistance and tax dollars. cording toMs. Berchou, thisfunding encumMr. Nayler disagrees. He stressed that brance request has not yet been approved in thereal issue is thebasecostofthe vendor. Mr. Albany by the New York StateLegislature. Ms. Berchou realized that the current Nayler said thatthe subcontractor/vendorhas to make a profit. The question for Mr. Nayler language in thecollective bargaining agreewas ifthe subcontractor' sprofitwaswithin the ment between the CSEA and UB does not range ofor less than the cost ofUB doingthe prevent outside subcontracting. While acjanitorserviceitselfthroughtheCSEA. In this knowledging thatthere has been no lay-offs case, the answer was affirmative, as the cost Ms. Berchou complained ofthe downsizing ...Janitor, continuedonpage 11 was half of what it would be to hire union continuing budget cuts. The issue is strictly business, according to Mr. Nayler. The non-union janitorsreceive a minimum set ofbenefits under the subcontract, notnearly approaching the CSEA benefits. Yet Mr Nayler believes that the nonunion janitors benefit because at least they THE PASSWORD: 1500 Broadway New York, NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (617)695-9955 (800)866-7277 FAX: (617) 695-9386 November 2,1993 The Opinion 9 �ENDS MARINO _ and receive up to £f $150 $75 deposit on Marino Comprehensive NY or NJ locks in the discounted price and guarantees you a seat. 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COMPREHENSIVE has been providing superior bar review 50 yearsapart of our of eSencSl *"* ****"* CaU (212) 663-1000 or (800) J-MARINO for details rate as «than *BAR/BRI, Pieper, or any other course. r» tlitiK UKC fl LdtWyeT, Pass rate should be the #1 criteria in choosing a bar review course. The dCCisiOH iS ObVH)US. * THINKLIKE A LAWYER! Enrollment is limited to 500 students. � MARINO COMPREHENSIVE, 255 W. 99th STREET, NY, NY 10025 (800) J-MARINO or (212) 663-1000 MARINO COMPREHENSIVE, INC. 25S W. 99thST. NYC. NY 1002S (212) 663-1000A800) J-MARINO �Alumni Spotlight: NewYork StateAssemblyman Richard Anderson, '83 by Peter Zummo,i, Contributor This week's Spotlight shines on a UB Law alumni who has made his mark in the worldofpolitics, both at thelocaland the State level. Richard R. Anderson, class of 1983, represents the TownofAmherstandpartofthe UniversityDistrictof the City ofßuffalo in the New York State Assembly. He is, in a sense, our Assemblyman here at ÜB. As ranking minority member on the Higher Education committee, he has an ongoing involvement with UB and the entire SUNV system. I spokewith Assemblyman Anderson at his office onMain Street in Williamsville. In addition to his duties in the State Legislature, RichardAndersonisapracticingattorney. He concentrates onReal Estateand Estates, since he feels thatthis areaof thelaw provides him with the opportunity to practice while still allowing him to fulfill his responsibilities to his constituents. I asked him if he feels being a lawyer helps himin his effectiveness as an Assemblyman. "Ingeneralithelpsinunderstandingthe process thattakes place in governing. On the other side, too many lawyers in the Assembly mighthinderanyreformofthe judicial system that would be detrimental to the legal profession. " Onthe whole, he agrees that' 'there should be more of a balance [since] every profession is a special interest group." Concerning judicialreform, Anderson thinks thataneffortmust be made to eliminate ' 'the backlog ofcases andreduce the volume ...Janitor,',continuedfrompage9 thathas been occurring recently. The CSEA has also, Ms. Berchou informed, filedan improper practiceclaim with thePublic Employmentßelations Board which purports that the subcontracting out ofthe janitorial service is a violation of the New YorkStateFairEmploymentAct Thesubcontractmg violates tne law, Ms. Berchou believes, because itis bargaining unitwork which in thepasthas exclusively beendoneby union janitors. Ms.Berchou also said thatthe CSEA is putting communitypressureonUß. Aspartof such pressure, Ms. Berchou alluded to the national anti-privatization campaign which the CSEA undertakes. She believes thatsuch private, contracting-out takes away public employees' jobs and lowers the living standards ofworkers. In a factsheet oncontracting out atUB, Ms. Berchou addressed the situation and the issues contained therein. No cleaners or janitorshave been laid off. However, CSEA has suffered a steady decline in filled positions over the last 10 years. In 1983,theCSEAhad226filledcleaner positions, 84 filled janitor positions, and 53 vacant lines. In 1993, there are 210 cleaners and 77 janitors. Allvacantlineshave beenlost This is anet loss of76 positions. In addition, the North Campus gross square footage has increased 826,315 during the same 10 years, fr0m4,265,320t0 5,091,6356. An interesting fact, according to the CSEA, is that in 1983, the workforce was handled by 8 supervisingjanitors. In 1993, it takes23todothe samejobeven though supervisingjanitors donotdo hands-on cleaning. The prevailing wage rates for janitors, office cleaners and porters setby theNew York StateLaborDepartmentstartats4.4o perhour andincreasetoss.Bo perhourafterthreeyears. Theaverage hourly rate for astarting cleaner onthe State payroll equates to $7.69 without calculating the value ofhealth insurance, retirement, vacation and sick time. Even so, many ofthe CSEA cleaners need two wageearnerhouseholds ora supplemental source of employment in order to survive. According to the CSEA, although me CSEA cleanersoften work two jobs in orderto Richard Anderson, Class oj 1983 oflitigation, especially civil litigation." He suggests more encouragement in New York State of alternative dispute resolution techniques, similar to programs that have been introduced in other States. He is also in favor ofcaps" on awards forpainandsuffering. He beUevesthatoutrageouslylargeawardstendto encourage litigation, rather than settlement. Speaking aboutthe current trendto disparage lawyers,hereflectedthatperhaps some oftheblameUeswithintheprofession. Anderson thinks that especially on the crime issue, the "general public feels the judicial system has only protected the criminal. Especially where there is a clear indication ofguilt,and the conviction is vacated on technicalities in the law.'' He feels that we as a society have an interest in making sure that those who violate the laws are punished. "Some in the legal profession don't care about society and future victims. They justuse technicalities to get people off. We all have aresponsibility... to see thatinnocentpeoplearenotvictimized'' by criminalslet loose on our streets. Anderson also feels that some more work needs to be done in the area ofFamily Law. Heisconvincedthatwehavecomealong way in equitable property settlements and child support guidelines. He isofthe opinion thatwehavegoodchild support laws now, and that itis timeto properly enforce them. With regard to child custody laws, however,he feels that westillneedreform, keep inginmind "the best interests ofthe child.'' Turning to a subject weare allinterested in,UB Law School, Anderson pointed out that overthelast foury ears, StatefundingofSUNY has been cut by over 200 million dollars. ' 'Withouta significant change in theattitude ofthe Governorand the majority party in the Assembly, theproblems at SUNY willnot be addressed.'' This year, theBoard ofRegents hasrequested an increase of 114million dollars, 81 million ofwhich is targetedjusttopay expected salary increases and basically "to stay even with this year.'' An additional 33 millionistargetedfor' 'priority needs, including9 millionfor infrastructure and 4 millionto live adequately, most ofthe CSEAcleaners are long-term employees. Of2locleaners, only 36 SHEEN& SHINE KEEPS HANDS CLEAN have been at UB less than 5 years. Sheen & Shine is the janitorialservice which received the contract from ÜB. The advance to tradesand otherhigherlevel posiownersofSheen & ShineInc. are itsPresident, tions. Many cleaners are skilled in a trade or Mr. Israel Cuyler and its Executive Vicehave other occupationalor educational train- President, Charles Cuylear. ing. In atelephone interviewwithMr. Israel TheCSEA states thatUßisturning over Cuyler, hesaid thathe wanted himselfand his the custodial care ofthreeunique structuresto company to remain neutral. Mr. Cuyler exinexperienced, and perhaps even unqualified pressed great reservation on addressing the individuals. Thebid solicitations specifically subject. He didsaythathis companybids jobs mentioned the desire to have the successful union andnon-union. bidder use as many University students as Mr. Cuyler statedthathe wouldhavebid possible. thecontractunionifrequiredto bid it union,but thattherewasnotanysuchrequirement. BidTheCSEA purports thataresponsible, dingunionwasneveranissue, accordingtoMr. mature, skilled adult workforce is being reCuyler. He statedthathis companybids conplaced by less mature, low paid employees tracts based on therequirements ofthecontract who will have no long term commitment or andthe specificationacustomerprovides them employment allegiance. with. Mr. Cuyler believes that if he bid the contractunion,then hewould havebeen out of The CSEA states that its current clean- theballpark (andpresumably notbeenoffered ersand janitorsattend regular training sessions thecontract). m ontopics suchas identifying hazardous mateWHO WINS AND WHOLOSES? rials, proper lifting techniques, the properuse and disposal ofcleaning materials, and safe Many issues are raised in this story by equipment operation. They are less likely to the various sides. Should the janitorial conharm themselves, theirco-workers, the envitractgounionornon-union?Arethenon-union ronment or thecampus facilitiesthan outsider janitors less loyal and more likely to cause contractors. The CSEA states thatit wouldbe harm to UBand to themselves? Should the difficult to place a monetary value of the University at Buffalo janitorial jobs which advantage to this claim. historically have gone to public employees The CSEA is seeking support inassist- now go to private employees ofa non-union ing them inpublicizing the detrimental consesubcontractornot fromBuffalo, butinRochesquences ofprivatizing previously state-supter? Is UB subsidizing theprofitsof the nonplied services. They ask that people write to union,privatesubcontractorby giving theconUBPresident Greinerand the Western New tract to the contractor while the contractor YorkDelegation. Legislation hasbeen intro- pays its janitors non-union, low wages with duced (A. 245,S. 4632) which seeks to setthe littleornobenefits? This forcesmanyjanitors parameters for contracting out beyond current to work two jobsand/orreceive public assiscontract language. Part of the legislation tance justto survive. would require thattheeconomicadvantage not Tax dollarso fhardworking c itizens are be the sole consideration inweighing the deci- used to pay this public assistance. Yet do the sion to contract outrather than maintain gov- janitors who do work at least receive some ernmental employees. The CSEA asks the benefit inso far as they have a job,albeita low questions mat in this case, can the potential wage one with no or below-union benefits? savings trulyjustify overlooking thepotential And doesthe financial situation o fUB compel forharm? Is worker dignity and justice ofno it to give the contract out as it did? Just who value? winsand who losesis a choice thereader has restore 800 class sections out of the 3000 sections cut in the last four years. When I asked how much ofthis money wouldfind its wayto UBLaw School, Anderson statedthat whatUß getsis proportionate to whatotherUniversity Centers getper pupil. UB would continue to feel the effects ofthe cuts in every department.'' As for constructing a new building for the Law School, Anderson said thatthere is a better way to go for the present time. He suggests using thefunds thatwill beavailable for new projects at the Amherst campus to increase overallclassroom capacity and thus "retumO'BriantotheexclusiveuseoftheLaw School." No increasesare foreseen in tuitionthis year. Andersonseesnoeffortonthepartofany members ofthe Legislature toraisethe cost of education at SUNY, although the Board of Regents has floated the idea ofraising tuition each year based on the cost of living index. According to Anderson, this proposalis going nowhere for the moment as the legislators realize the impact that the increases imposed on the students inthe past few years have been significant. RichardAnderson,who was wearing his UB pin onhis jacket,said thathe' 'was proud to bean attorney and proud ofthe profession.'' Hissuccesscan serveas a source ofencouragement to all of us, soon to take ourproud place , inourchosenprofession. ,^Misconduct,iconUnuedfrompageB by saying that he is anxious to get the ' 'polities''behind himandretum to doing whathewaselectedtodo: provide service to law students. Clearly.thereare many unresolved questionsleft as aresultofthe SBA meeting which can only be answered aftera full investigation by the committee. The investigation is currently underway,but there has been no date set for the report ofthe committee's findings which will hopefully be publicized to the students. The allegations involved are obviously serious, but itis still important toremember that, even in law school, the accused is presumed innocent. Untilthe committee fully investigates andreports its findings to the Board, it would be inappropriate to pronounce judgmentprematurely. Thecommittee iscomprisedoftwo Class Directors from eachyear. Thecommitteemembers are BenDwyer andElizabethA. Jewett(lLs),NicoleM Holder and DavidNemeroff (2Ls), and JamesLynch and Helen Punders (3Ls). It is common that cleaners aspire to to decidefor oneself. j Probing, j | Timely, j fantn)versial\ j | Join the ! Opinion. November 2,1993 The Opinion j ] I 11 �The Roaming Photographer byDanHarris, PhotoEditor ThisWeek's Question: "Who's Doing Better, Bill Clinton or the Buffalo Bills?" Andres Colon, 3L Alexandra Rivas, IL Karenjudd, 2L "The Bills, ofcourse! They are fun to watch, they have always shown control of " With arecord of 5 and 1, do youreally the gameand the team'sbudget p lans should need to ask?" become financial models to our legislators!" " I wouldn't beable to help youbecause Im fromCalifomia." Nancy Stroud, 2L "It's irrelevant because, when push comes to shove they both lose and back downanyway." MOVIE R EVIEW: A BronxTale is proof that good movies still exist by Jeffrey Weiss theBronx in 1968. Thisenhancedhisability to film's endanumberof underlying similarities Q: Whatdo most ofthe pathetic crop of 1993 are revealed. movies have in common with the New York C' s father, played by DeNiro, is a blueCity style of pizza that they try to make in collarbusdriverwhobelieves that the working Buffalo? man, through his everyday toiland suffering, is A: They both stink. the true hero in our society. He tries to teach It seems that everytimeyou blink, Holhissonabout moralityand dignity, whileconlywood has released another horrible movie stantlyreminding him that thereisno greater that goes from the theater to the video store shameintheworldthan"wastedtalent." On faster thanJoeyButafucco can say, "Ididn'tdo the otherhand, Sonny, played slyly by Chaz nuthin'." The paying public has suffered Palminteri, was the head ofthe local organized through an onslaught ofone dreadful filmafter crimenetwork in C's neighborhood. Sonny another. To illustrate my point, "The Last became indebted to Cafterthe boy witnessed Action Hero" was so excruciating to watch amurderandrefused torat on thelocalkingpin. thatthe Department ofCorrections isrefusing Sonny took theboyunder his wing, butwarned to showitinprison, fearing claims ofcrueland Cnottoget involved withhisway oflife. Over unusualpunishment. Attunes, anindustry that the years, Sonny tried to teach Cthat fear is offers anoverabundance ofNinjaTurtle and more powerful than love. Sonny also told the Christian Slater movies seems hopeless, but boy that he mustultimately look out for himRobert DeNiro's directorialdebut in "ABronx self, and thatC should choose his associates Tale" hasrestored my faith in abranch ofthe wisely becausethey could gethim intoa great entertainment world thatall too often settles deal oftrouble. for mediocrity. C slowly comes of age as the film The film takes place in an Italian sec- progresses towards its climactic finish, so that tionoftheßronx. Itstartsout in 1960,but later at the story's conclusion, he is able to claim shifts to 1968,where mostoftheaction takes thathe finallyunderstood whatbothhisfather place. The story is told through the eyes of andSonny meant whenthey toldhim, "Oneday Calogero.ayoung man who wasappropriately when you're older, you'll understand." It is nicknamed"C." Heiswonderfully portrayed quite evidentthat C's father (DeNiro) had a by Hollywood newcomerLiloßrancato. His great influence on hisability to developmany upbringingwasheavily influencedby twochar- admirable traits, such as his desire to date a acters, his father and Sonny. They possess young ladyofAfrican-American descent,which extremely divergent viewpoints, yet by the was considered taboo in his Italian sectionof so powerful inhis portrayal ofCthatyou will bestartledwhenyou discover thatthis was his appreciateonlythepositiveattributesofSonny, whilerefusing togel involved withtheshadier first cinematic endeavor. Taral Hicks was equally magnificent as C's interracial love aspects ofhis mentor's lifestyle. interest. Through herphysical gestures, moveThe film'slast three scenesare sopowments and ability to express herself, at times erful thatyouaresuretobe moved inaprofound without words, theaudience isable to experimanner. At the end, the entire production encethestress and torment that shehadtocope conies full circle whenCrealizesthat Sonny's motto, "Nobody caresaboutanyoneelse inthe withby trying to datea whitemale in the very volatile 19605. Hercasual demeanoris quite world,"is not tnie. Ironically, this enlightenment resulted from his father's claim that he refreshing and itseemed to steal the camera's had wishedonly the best for Sonny, despitethe focus from time to time. Finally, Chaz fact that he had introduced his son to certain Palminteri, in my opinion, held this film tothings that made him grow up too fast, thus getherby portraying Sonny,themob leader,as causing a great dealofanimosity between the acharismatic, powerfuland attimes moralistic individual. Despite being a despicable twomen. character onthe surface, a hidden caring side This film is extremely stimulating and isrevealed which at times made him likable. thought-provoking. Youwillleave the theater It should also be noted thatPalminteri wrote realizing thateveryone goes through life dethe this mo vie was originalBroadwayplaythat pending on and feeding offofthose around based as well as screenon, thefilm's original them. Each individual can take advantage of play. this scenario or let it lead to their demise. Onewarning though,thisis averypowWhilethis story is moving, you gettheimpreserful, and seriousproduction, and one moving that sion DeNiro wanted to convey mat such thatis not for setting aromantic appropriate common valuable relationships are whenC mood. soft and warm with If get wantto you thewords, with "Thisisjustanother concluded yourfly girlorfavorite guy,then gosee someDeNiro's first at directing Bronx tale." shot thingelse. Theonlythingyou'llgetafterthis resulted ina sharpand focused pieceofwork. The pace was consistent throughout, and the film is apiece ofcheesecake aty ourlocal diner as you discuss howmoving this film was. On background music created an emotional atmothe Weiss scale, out offour Matzo Balls, "A sphere that was quitememorable. The acting was first rate, especially by Bronx Tale" getsthreeand a halfMatzo Balls. theyoungercastmembers. Liloßrancatowas Go see it. UB Law Bookstore offers the latest in law school fashions byM. Bridget Cawley, Conrtibutor To quote thatrenowned intellectual of ourtimeand poet amongst poets Andre Agassi, "Image is everything." OK, maybe it isn't Shakespeare, but it is a valid point. The students,as wellas the powers-that-be at UB Law Schoolknow it, even though they might put itmore eloquently as Dress forSuccess.'' With that inmind, UBLaw School has developed itsown line ofmerchandise to dressup the studentbody. That's right. UBLaw is threatening Paris as the fashion capitol ofthe world. TheUBLaw bookstore is nowselling everythingthe well-dressedlaw studentcould need, from the "Official UB Law Briefs" (boxershorts), to t-shirts, tothealways popular sweatshirt. Not only are the clothes fashionable, they can be worn in the law library no matter what the temperature! The project is the brainchild ofBene Fleischmann, Director ofLaw AlumniAssoto replace 12 ciationand Communications; Marlene Cook, UBLaw School seal,yet thereis somethingfor stand out at theall-crucial interview, there is everyone. Students witha J. Crew style will the "OfficialUß Law Suit Interviewers are find the traditional blue/grey design to their guaranteedtoremember you, even ifthey don't liking. For someone wanting tomake afashion callyouback. (Justdon'ttell Audrey whatyou statement, the purple/gold design is a little wore!) ...LawBookstore, continuedonpage 14 more vibrant. For those students desperate to AssistantDean inchargeo fbudgetand personnel;and AnnaMarieNikander, support staff. They feltthat there wasn'tmuchmerchandise available on-campus designed specifically withlaw students in mind. ' 'Our major objective was to raise school spirit," said Fleischmann. "We felt that having a line of clothing just for law students would help students identify each otheramongst the larger UBpopulation." Cookadds thatthe new merchandise is an easyway for students to support thelaw school. "All themoney weget from sales goes back to support student activities, such as orientation and commencement.'' ' 'We tried to get the finest quality at the best value," says Fleischmann. ' 'We're not Lord andTaylor. We don'ttake returns or giverefunds, but we give youa betterbuy.'' The clothes available through the bookstore are the onlyitems with the official The Opinion November 2,1993 HDanaris by Phot Law studentsmodel theLawBookstore's new merchandise. �The SBA Halloween Party Opinion Mailbox, ...Rights, continuedfrompage 6 ' 'oppression iftheyare outcastfor detailing and promoting theirsexual orientation. Like throwing gasoline on apileofburningtires, this hypocrisy is stoked by thecapricious institutional supportofthe Law School. The Faculty and Administration shieldhomosexual activists with the legitimacy, special privileges and extra rights which come with the much-abused title' 'minority. '' Why arehomosexually expressivephotographsconsideredappropriate forofficialdisplay? Areall sexually explicit photographs now appropriate? Why is thisapproved or quietly acceptedby the faculty whileanother similarform ofexpression,campaign posters showing a gun and cowboys, isreviled byProfessorMarcusas "shocking," etc.(seeOpinion editorial, Oct. sth)? Take note of Dean Boyer'sremoval ofthe homosexual ' 'closet forhimself(see The Opinion, Oct. 19th) while allowing theLGBLS to force students to walkthrough it. This politically correct climateat UB seems to have unleashedawindstorm ofself-pity and causedsome people to confuse theright to bedifferentwith theright to beoffensive andintrusive. Sadly,thegay display isbutoneexample. Enough isenough Blatant propaganda and obstructive, unjustdemonstrations may have some superficial effecthere, but outside continuedfrompage 6 ÜB's wallsthingsare different. People wholive by standards otherthantradition, reason andpropriety are free to do so, but at their ownrisk. Fanatics and the dejected do not always get apat onthe back in the name ofpolitical correctness; freedom of expression does not always excuse repugnant behavior. Civility andmoderation earn respect, not scorn. IfUB wishes to substantiate itsclaims to prepare its students for the future, the administration needs toreconsider its overindulgent attitude towards select groupsofstudents. I apologize ifMs. Marcus oranyone else mistook our intentfor anything otherthanafun approach to learning about a valuable legalresearch tool, ALR Sincerely, TerryBernard Marketing Manager Lawyers CooperativePublishing DavidKrakow, 3L ALR Apologizes To the Editor: In response to theletterregarding the ALRLaw School Contestand itsimage, I wouldlike to say that ourintention was notto condone violence inany way,nor wasit to offendanyone. We tested three"themes" for a contest witha number oflaw students,and came up withonethat wouldbe mostattent ion gettingand appealing toall students,and this theme won, hands down Thanks Pieper To the Editor: I wouldlike to sincerely thank the people ofPieper Bar Review for generously contributing four Stressßusters. lama rape survivor. Myselfand the group I attend found them to be extremely helpful for relieving stress related to our healing process. Again, wethank PieperBar Review forbeing so generous. Lisa Schwartz UB Senior Anthropology Department November 2,1993 The Opinion 13 �D The ocket 22 Mocks 23 Writer 24 25 29 32 Silverstein Notsm. Rd. named for a ballplayer? River embankment Assurance from Good Housekeeping 33 Blue Velvet star 34 Rapper Vanilla 35 Studio doovers 38 Gumshoe 39 Disposablerazor brand 42 High as 44 Rd. named for 3 Anadn alternative 4 Like most mules 5 The Rose of 46 Peter Arnett's 6 Full nelson and others wet 7 doubt a West Virginia senator? employer 47 Wishes one hadn't 48 Believers in the Almighty 52 Mexicali munchie 55 Fashion designer of note 56 Perform on the soapbox 57 Rd. named for a stooge? 59 Unsafe atAny Speedauthor " (mistaken) 8 Crumpets complement 9 Bordeaux wine 10 Addressed abrasively 11 Poems of devotion 12 Cruel dude 13 Lets touch them 18 Nag 21 Terra del Fuegoco- 60 Pulitzer Prize owner winner of 1958 23 " .Rattle 61 "Did you and Roll" T 62 Actress Sharon 25 Pooped 63 Excite 26 Sherpa sighting, 64 Hawk DOWN 1 Sporting one's birthday suit 2 "What's in 7" I perhaps 27 Agonize 28 As soon as 29 Pinocchio, for one 1 34~ atmosphere 35 43 Deli delectables 45 Saddam Hussein and King Hussein 46 Ski lodge 48 Field-goal value 49 Franklin (heating 50 51 52 53 54 success 57 Cornfield cry 58 That's disgustingf 44 _ 52 WHAT: Lecture bya humanrights activist fromRwanda. WHEN: Tuesday, November 29, at 3:30 |10 Hre 111 112 pJTL WHERE: Room 545,0'Brian LOWDOWN: TheGraduateGrouponHumanRights is sponsoring thislectureby one ofthe few female humanrights activists in Africa. All are invited to attend. 113 lv, ° 18 WHAT: LaborandEmploymentLaw Association WHEN: Tuesday, Nov. 2at3:30p.m. WHERE:Firstfloorstudentlounge,o'Brian LXJIi KMHHh 2* 29 WHERE: Room2l2o'Brian LOWDOWN: TheGroup will bedeciding on projects for next semester. All law and graduate studentswithaninterestin human rights are invited to attend. I Bp Is 7 6 Hts 5B name device) tt's sometimes thrown in Traffic tie-up Chinese secret society Sea eastof the Caspian Assured of X 2[3 |4 17 37 In a sensible way 40 Exposes to the pjn. Fellini and Vincent Price. v 30 Outer: Prefix 31 Sentence essential 32 Movie-theater liner 36 Cosmetics Meeting WHEN: Wednesday,November 3, at3:3o This issue is dedicated to Raymond Burr, River Phoenix, Frederico Brian P. Mercer NoelleKowalcyz Charles Greenberg MichealHueston ClaraKanocz Robert Regan Eileen Kennedy CraigHannah Edited by Stan Chess Puzzle Created by Fred Piscop 41 Beyond a WHAT: GraduateGroup on Human Rights Or not. Jessup Moot Court Results JeSSUP Board Members I994REGIONALTEAM ACROSS 1 Collars 5 Just one of those things 9 Sing softly 14 Med. sch. subj. 15 Romeo or Juliet 16 Cliff protrusion 17 Rd. named for an actress? 19 Fend off 20 Deep green 21 Nixon's Six WHAT: GraduateGroup onHuman Rights Reception WHEN: Wednesday.November 10,at3:30 WHERE: Room 545,0'Brian LOWDOWN: All those interested in human rights and socialjustice are invited to areception sponsored bytheGraduateGroup. This is an opportunity to meetothers in the UB and Western New York Community who are involved inhumanrights andsocial justice activities. events. UB students at a TakeBack tfie Night march heldrecently. Brian P. Mercer(Best Oralist) NoelleKowalcyz Charles Greenberg MichealHueston ClaraKanocz (Alternate) TheLowdown Groups, Tell us aboutyour upcoming Take Back the Night! 30 ' HH^2 p^^MSS- ■35 36 ■■pj ■ 45 _JB " - 43 U~- ■47 53 28 Hall ■H35 — 31 27 26 49 M LOWDOWN: Willdiscuss the movie: the AmericanDream. Sponsoredby LAELA. WHAT: JewishLaw StudentAssociation LOWDOWN: Ifyouare interested injoining theJLSA,place a notewithyour name, phone#,andbox#inßox#l46. 51 HHBi^ 54 ■Mr' s8 Ko 55 62 ■■^ Jfl 63 EC1 54 992 Crossword Maga2ins Inc. Box 909 • Bellmore. NY 11710 • (516) 679-8608 OSSW RD® ssword ...Law Bookstore, iconlinuedfrompageH ready soldout, butare being reordered. Also, new items for sale are being considered, inand window decals. Also avadable is "The cluding baseball hats. Anyone with ideas for Game ofLaw School", in case you haven't additional items orwith design suggestions quitegrasped howmuch fun thesethree years should contact IleneFleischmann. canbe. BestofalLyoudon'thave to remember While a trip to Paris on die Concorde the merchandise yourcheckbookbecause new might takeless timethanwaiting foran elevator, it's still worthtaking the stairs to find out can be paid for in cash. be Don't distressed if the bookstore whatthebest-dressedbodies are wearingthis doesn'thavewhatyouare looking for. Because year! ofthe popular demand, some items have al- KlUfiri ■ ■ »■>>■ *•• *■* In addition to clothing, diebookstore is also selling coffeemugs, license plateframes /„, "} // "3 / I & \ .3 \\ "~. J e:o»er HeyGooby-hcad! O6«w«p. _ X\ IfyouliketheselinyptTsonalsandwouldlikelo writeone.sendabritfcasecontainingfivt: lhousanddoUarsloroom724,lheOpimonoff,a: , Heybonehead.youbtcrw! ~. \\ J h|T|3|SMl|3|HlMWS|S|3|l|o o Wlwo h|a i a i ftiSiVHiiiilK* j_j_ tLiMIIHSB Hi BHEK ii AlA u ill 91M iLkiil* iM3- -Q1 3 —— bMISI I>V II MIMS 3|A3 1V3513 ¥[0B ohU all i HJißioilß II NJH ■■ q s"fcßS3 old 3 ( I [sTTs -i ti 0 |fl|o 1 Yd 3 Jft j ltd ¥7I V.87 2 2ZB~J_ AX 2! J rj _3 2812° MBA *.H //III Jto n|o|o'H|OM iIvIhUB Sl9|V| *Is I pJO/ASSOJO saa MSSOdO IU Sjg S Henry Nowak Receives JaeckleAward ...Jessup, continuedfrom page 6 yers until we, thefuture lawyers ofAmerica, show them that we are above nepotism, favoritism, unpro fessionalism, and incompetency. UB is a fine school. Itbuilds fine lawyers. Let's strive to continue thai tradition. than good advocacy skills, integrity, hard work,and honesty, then I honesdy believe that UBwUlalso degrade itsintegrityand reputation by its continuing participation in this competition. Law school should be a place wherethe skillsofadvocacy,reasoning, and writing,should be developed, notshunned. The Jessup competition (both the oral rounds andthebriefs) shouldbe judgedby law professors,ratherthanlocal attorneys. Board membership should also be determined by law professors based on scores in the oral rounds and the briefs. Law pro fessors are less likely to be persuaded by such factors as nepotism, favoritism, height, or race, thanare If the reality is that the judges at the international level prefer members ofthe team to fit into theabove profile, then maybe U B shouldre-think itscontinuing participation in such a degrading, incompetent, and unprofessional competition. I still believe that I am attending a very good law school, but if I have stoop to such a low level to participate in a competition where height and race are given heavy emphasis, rather popular-oriented law students. The Opinion November 2,1993 14 Oioifj BiAS\vo)Jnj<q Henry Nowak, retired U.S. Congressman,received the UBLaw Alumni Association's highesthonor. NowakgraduatedUßLawinl96l. �-4 ■ MARINO COMPREHENSIVE FREE TO CLASS OF 96!!! LAW SCHOOL EXAM WRITING WORKSHOP! Joseph L. Marino, Esq.'s Celebrated Teaching Methods! I Call 1-800-J-MARINO OR See Your Marino Campus Representative To Receive Your Free Audio Tape and Materials MARINO COMPREHENSIVE 255 W. 99TH ST7NYC 10025 (212) 663-1000/(800)-J-MARINO �*ATTENTION* CLASS OF 1994 & 1995 I TUES, NOV. 2 is the DEADLINE I % for the FALL SEMESTER DISCOUNT IF YOU REGISTER BY TUES, NOV. 2 YOU RECEIVE: $225 DISCOUNT off the $1475 New York Bar Review bourse Tuition. Your discounted tuition: $1250. Tuition after fall discount ends: $1350.) "he Gilbert New York Essay Advantage FREE. Regular BAR/BRI tuition: $225.) "he Arthur Miller CPLR Mini-Review FREE. Regular tuition: $75.) BAR REVIEW DON'T MISS THE DEADLINE! I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3b40941cd178152c648591c4728d56ad.pdf 4b3e737c13328c39fd097683d046e4fe PDF Text Text Volume 34, No. 6 THEOPINION STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW An Open Letter to Mayor Masiello Guess Who's Coming to Lunch else to do but take their aggressions out on Dear Mayor Masiello: On a recent Thursday evening, I was interrupted at home by a sudden, unexpected New York State Attorney GeneralRobert Abrams willdiscuss the issue ofelection reform 11:30a.m. to 12:30p.m. Thursday, Dec. 2 in room 106ofO'BrianHall. Abrams , to Speak at UB byPaulßoalsvig, Editor-in-Chief New York State Attorney General RobertAbrams wdlbe stoppingby to lunch with some UB Law faculty members on Thursday, Dec. 2. But before he doesthat, students will have the opportunity to hear him voicehis ideas onreforming the election process. He is currentlya supporter oflegislation making registration possible on Election Day, and making access to the ballots easier. He has also expressed his vocal opposition to the spending of millions of dollarson political campaigns. Abrams will be speaking Dec.2 from 11:30am to 12:30pm inroom 106ofO'BrianHall. Allstudentsare invited to attend. Abrams, wholast fallran unsuccessfully forthepositionofU.S. Senatoragainst Alfonse D'Amato, wUI be stepping down fromhisposition as Attorney Generalat the end ofthis December. He has expressed interest in becoming a partner with the law firm Strook & Strook & Lavan inNew York City upon his resignation ofthe Attorney General'sposition. November 16,1993 someone and mentioned the socio-economic causes that may have precipitated this brutal phonecall. Thepersonontheotherendofthe attack and egregious violation ofanother human being'slights. phone asked me to come down to the emerIvotedforyouformayor. Inaleafletyou gency room in SistersHospital on Main Street mailed to me before the election, you spoke of to pick upmy friend. Evidendy,my friend had better Buffalo .You stated I your visionfora been jumped by 15-20 teenagers and was a more will put police on the streets We can victimofahate crime. My friend was coming make our streets safe again, and we will." I home from law schooland had justexited die out should thatthere wasa police station point train station on MainandUtica, in downtown on Main and a hundredor so feet just Utica, to but Buffalo. My friend had started walk down did not deter the gang. The away. Yet, this Utica toward Delaware Avenue when this gang my told friend that these police beatings have raced after my friend. My friend madeitback been on a What going lotrecentlyin at Buffalo. as far as the Burger King parking lot the to being thegangbeat is done deal with this? comerofMainandUtica. There, A fteryou won the election,you saidthat uponmy friend, punchingandkickingmy friend, a yourfirstpriority upontaking officewas to sit after having uttered racial epitaph. wn do withBuffalo unions in ordertorestructure I quicklyarrived at the Sisters Hospital economy. I, as a citizen ofBuffalo friend a table. Buffalo's I was on emergencyroom. My and whovotedfor someone you for mayor, ask haveknown my friendfor nearly threeyears. your that that you put ranking priorities, in Myfriendhas workedhardin givingsomething streets to firstand make our safeagain so people back the community while study ing in law thathard citizensofßuffalocangetoff working school, helping thehomeless and working with community action groups andisone ofthemost a train and walk home without getting their caring and sincerehumanbeings you will ever heads beat in. My friend'sphysical injuries willheal in meet. My friend had a bniise on the backand front ofhishead, andrequired stitching above a fewweeks. But howlong will the emotional therighteye. Ihad to hold gauze tomy friend's scars remain? My friend is lucky to bealive. eye inorderto stop theblood running down my It is time to heal the tensions and wounds of friend's face. Thedoctorputahugeneedleinto Buffalo and make ourstreets safeagain before die area ofthe cut above the eye in order to it gets any worse. locally anesthetize the abrasion, and blood Respectfully yours, squirtedall overthe place. Even on the table, Kevin P. Collins my friend was not upset about whathad hapManaging EditoroftheOpinion pened. My friendfeltthatthe ganghad nothing George WillTells 2,000 thatAmerica is in Trouble byPaulH. Roalsvig, E i ditor-in-Chief Alumni The ArenaofUßwas occupied withmorethan2,ooo persons last Wednesday nightas columnistandpolitical analyst George F. Will took the podium. The winner of a Pulitzer Prize, Willalso holds five honorary doctorates. He came to UB to offer some opinions on the Clinton administration, NAFTA, health care reform, and american society in general. Throughout thelecture, one could detectthe sentiment that whilehis first lovemaybe politics, hisother loveis certainly baseball. He currently sits on the board of Directors ofthe Baltimore Orioles baseball team, and during a light-hearted moment mused that therewere only two seasons to die year: "baseballseason andtheoff-season". With the fall ofthe Berlin Wall came thefall in stature ofthe American presidency, said Will. When the United States had a formidable foe such as the Soviet Union, the strong office ofthePresident becamea necessarytoolforeffectiveforeign diplomacy. Since the end ofthe World Warspeople havelooked aWhat's'O'? Recapping the Changes to the Grading System mance" as contrasted with a Q-, which reflects' 'Professionally qualified work at Justwhenyouthoughtyouunderstood the low end ofthenormal range ofperforthegradingsystem atÜBLaw.some changes mance." weremade. As thekey further notes, thesegrades Two new grades wereadded this se- are intended to "alleviate grade competimester: Q+andQ-. Thenew grading format tion and [have] been highly successful." appears as follows: H (Honors), Q+(QualiThe key does not, however, note that the fied Plus), Q (Qualified), Q- (Qualified Migrading system has also been highly sucnus), D (Marginal), F (Unacceptable/Not cessful incausing confusion with employers who are not familiar with the UB format. worthy ofacademic credit), and S (Satisfactory). Although some professors may have When will UB Law students be able to been using thesegrades inthe past, itis now answer the infamous question "what is a officialUniversity policy. According to the Q?" Arationalanswerisanyone'sguessat ' 'Grade Key Explanation that is sent out this time. Perhaps the entire system needs withcopies ofa student'stranscript,a grade to be changed and not just tinkered with, ofQ+means "Professionally qualifiedwork something that seemsto add more perplexat the high end ofthe normal range ofperfority to an already confusing system. By Peter Zummo, StaffWriter to the President for strongleadership, without realizing that the office itself is inherently weak. Congress is and has always reigned supreme,according to Will. Withtheendofthe Cold War,the stature ofthe presidency will fall to that level that it had in the late 1800s. All this is occurring at a time when the President is trying hard to live uptheliberal ideals of60s radicalism. Will noted that all this wellmeaning left-wing idealismwould eventually amount to nothing in the face ofthis lowered presidential stature. Speaking to Clinton supporters, heproclaimed mat this is as good as it will get. Henextaddressed NAFTA, stating that inhis opinion, a 2700page document describing "free trade" must certainly amount to nothing less than an "oxymoron." TheMexis only4% oftheUnited States, he stated, expressing the sentiment that ifthe NAFTA makesMexico a moreagreeable place tolive and work,certainly moreMexicans will ican economy want to stay there. But whatWill foundinterestingis the amount ofopposition to NAFTA fitrson byßen Phot George Will Addresses 2,000Students at ÜB. ers." Here was aDemocratic President, bolsteredbya Democratic-run Congress, thwarting the President's call for "change," which was precisely the platform thatall the Democrats ran on. Nothing similar would have ... HIGHLIGHTS from Clinton's army of so-called "support- George Will, continued onpage 7 Group Spotlight Editorials and Commentaries Parliamentarian Candidates' Statements Roaming Photographer. Alumni Spotlight...:.'. Docket 3 ...4-5 6 8 .....9 II �— ■■^ —-— ' —■—■ ■ ■ PIEPER WANTS YOU r a — —2^ To SWITCH Your Bar Review! I I Don't lose money because of a foolish mistake! You can make a change without losing any money! Pieper will credit up to $300 put down on another review course. All you have to do is send in proof of payment with your application. IT'S THAT SIMPLE! SO DON'T WAIT!!! CALL NOW!!! PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa v �Medical-Legal Society Group ExploresVariety Of Issues beingadvisedby Professor Lee Albert. Due to the fact that the Society was onlyrecognized bythe SBAafewweeksago, thereare noactivities planned forthe current semester. However, the Society iscurrendy planning a number ofactivities and events for theSpring semester, including a lineupof speakers, a movie on a medically related topictobeshownnextsemester, amentorship program whichwillallow members to work closely witharea attorneys in the course of a lawsuit, andamock trialwhichwill afford themembers an opportunity to sharpen their advocacy skills inthe course ofconducting a trial involving medical-legal issues. Parker ishopeful to planmoreactivities based on member recommendations. Whileno general Society meetingis planned untilJanuary,the Society's fourcommittees (Fund Raising, Newsletter, Speakers, and Mock Trial) will bemeeting this semester in order to plan the upcoming activities. Although theSociety hasnotyet been assigned an office, anyone interested in the medical field as it relates to their legal career should contact Parker by leaving a message in Box 594, whether interested in sitting onone ofthe Society' scommittees or simply interested in the Society in general. byJosephBroadbent, Contributor This issue's GroupSpotlight focuses onthe LawSchool's newest studentorganization,the Medical-Legal Society. According to Society President Venita Parker, the Society's purpose is to stimulate interest in and discussion ofmedical issues and topics related to the study and practice oflaw. The Society's focus isnotrestrictedto personal injury and product liability, where themedicaland legal fields are clearly interrelated, but is also concerned with a wide variety ofotherissues such as reproductive rights, theright to assisted suicide, the criminal insanity defense, and any other medical topic thatintersects with the legal profession. Parker stated that the Society is not made upofanyoneparticulargroup orpolitical viewpoint, but strives topresentall sides of each issue in order to foster a full and meaningful understanding of all possible perspectives. Membership in the Society is open to allstudents. Parkeremphasizedthatno medicalbackground isrequired formembership, although many ofthemembers do possess such a background. The Society is currently SBA Rolls Out Carpet sand." The money will be used to repaint and recarpet the room which was described as a istration, Student Bar Association president "tort waiting to happen.'' Baptiste expressed Saultan Baptiste announced at the Nov. 1 his beliefthatthiswasawin-win situation for meeting that the Law Review has agreed to everyone, citing the tremendous space probshare itsroom onthe 6thfloorofO'Brian Hall. lem inO'Brian. Baptiste said that the space, located in Dean Boyer, who was at the meeting, Room 603, willbe usedfor studentorganizacommented on the lack ofspace and the aptions. Currendy theLaw Review uses theroom proval ofthe measure by the SBA board. foritslibrary. Theroom willbe divided, sothat "Thisisabuilding thatwasdesigned for one half will comprisethe Law Review library one or two student organizations basically. while the other half will house the student And whatlittle spacewe have, hasbeen gobbled up in differentway s. In thelong run, wehave to organization. "to SBA board a motion passed The do something about finding more space for to the law $2843.29 improve capitally spend student organizations. So this a band aid, one review office, proviso being that we contract ofseveral things thatwe have been trying to do withthe Law Review and theadministration, over thepast few years to make the building a untilthe law school gets a new building, that little more liveable. this space notbe taken away andthatthis body ' 'This sounds like areallygood ideaand decide which groupswill fdl this space.'' The I'm happy that we've been able to do it on a measure was passed bya vote of 16-1. consensual basis and use thespace morecffec Prior to the vote, SBA vice-president tively." Paul Beyer spoke in favorofthemotion saying, The SBA board also passed a motion to You to have look at this ajoint internshipsponsored by verypractically partiallyfund in '' tight of what the alternatives are. The only theLatin AmericanLaw Students Association other way wecan get space inthis building is and TheLaborand EmploymentLaw Associaby doing some serious construction, either tion. The board voted to donate $600 ofthe downstairs orelsewhere in the building, cost approximately $3,ooowhich the group is seekestimates being in the tens ofthousands or in ing to fund an internship in memory ofCesar some casesnearing $ 100,000. Chavez in California this summer. In materialassembledby KevinCollins "Whenyoulookatitinlightofsomeof thealternatives,lthink2,ooolooksverygood. on behalfofLAELA, the internship proposal If youreject this proposal, there are no other wasoutlined. Itwill funda first-yearorsecondproposals out there less than 40 or 50 thou...SBA, continuedonpage 7 byLeslieP. Machado, Contributor AftermonthsofnegotiationwithmembersoftheBuffalo Law Review and dieadmin- Refugee Speaks About 'A New Guatemala' byKarenA.M. Bailey, Contributor "The Path To A New Guatemala," a human rights forum, wasjointlypresented by the Graduate Group onHuman Rights and the Latin American Law Students Association pointed out that land use is a major issue in Guatemala since' 'twopercent ofdie population owns 75 percent oftheland.'' Guatemalans fled north, to escape die military, and settledin cooperatives inMexico. (LALSA), earlier this month. Jose Pascual Jimenez, who settled in Chiapas, Mexico exJimenez, a representative ofthe Permanent plained thecooperatives as "representing the Commission of Guatemalan Refugees in effortsofmy people to provide forthemselves Mexico(CCCP), was thefeatured speaker. and to effectively organize for ourrepatriaJimenez,as aCCCPrepresentative, was tion." elected by his community to represent the Jimenez explained that the Mexican Guatemalanrefugees innegotiations forrepagovernmentwas veryreceptive but addedthat triation from Mexico. According to the Netitprovidesrestrictions onboththe movements work In Solidarity WiththePeople ofGuateoftherefugees and theirjoining the Mexican mala (NISGUA), whoissponsoringJimenez's workforce. He cited the UnitedNations High Commission on Refugees (UNHCR), which U.S.speakingtour, "more than 150,000Guate- by hasregistered 46,000refugees in Mexico, as malansfkdtoMexico.duringtheearly 19805." The Central American nation has been hoto assuming responsibdity for the refugees. In JosePascualJimenez, CCCP representative addition, Jimenez emphasized that both the "at war" since 1954 when a military coup Home," includedanarrative documentary on churches and Mexican residents have been overthrew the democratically elected govemmentofJacoboArbenz. Guatemala has been the experiences ofa young Guatemalanrefu- veryhelpful to therefugees. gee. The young man'srecollections revealed However, the Guatemalans wanttoreplagued with the instabdity ofrotating military regimes that have used force to ensure Guatemalan mditary practices of torture and turn totheirhomeland and negotiations inthis executions and ageneral denialoffreedom to context have been foremost on their agenda. compliance. Resistance to these regimes has come the natives. Regarding incidents of torture Jimenez explained that it took five years of from guerilla movements that are strategi- against members ofhis community, he ex- negotiations withthe Guatemalan government cally located in Guatemala's countryside. plained that it was normal for thearmy to "cut before reaching a compromiseregarding the Consequently, theindigenous population,that the body, cut the feet, and make them walk.'' conditions for their return. '' Even then,'' he resides inthoseareas, has been victimizedby The narrator's missing godfatherwastaken by added, people weren'tso surethat they could agovernmental counterinsurgency campaign. the army and, according to his godmother, [return]." murderedand then cremated or dumped inthe Jimenez originally came from anindigJimenezreferredtotheaccordsofOctoenous community inHuehuetenango, Guate- river. berB,l992 which, as documented inNISGUA The documentary related the military' s reports, establish the following: Therightofa mala and relocated with his farruly to the isolated Ixcanregion in theNorthwest. He was practice ofseizing property, thenforcing un- secure .collective andorganized return, offree forced to flee when the army infiltrated that paidlabor on theproperty and dictating thatthe association and organization by thereturnees, natives grow othercrops, insteadofcorn and international/national accompaniment during area. The forum, entitied "The Long Road beans, thecommunity'sstaplecrops. Jimenez all stages ofthe journeyandresettlementofthe 7 Bailey Karen Yeltsin's Advisor byPaulßeyer, Contributor Fascination with the Russian market transformation to capitalism was clearly evidencedby the standing-room-only audience for a lecture by Professor Alexander Livshits, economic advisor to Russian President Boris Yeltsin. The lecturewas entitled"The Grand Plan to Russian Economic Reform and was thefirstinaseries offour lee tures sponsored by the International Law Society and InternationalBusiness Club. Thefirstlecture focused on the scope of the economic transformation and thedifficulties peculiar to Russia. Professor Livshits returnees, freedom of movement within the countryand overborders, as wellas theright to lifeand personal security, access to land, and the establishmentofverification and mediat- ingagencies. However, according to NISGUA, the government has not agreed to stop placing military bases or naming new military commissioners at ornear the sites ofthereturn. In addition,there is no prohibition ofthe formationofCivilDefense Patrols inthe settlement areas. The meaning ofthis agreement is currentiy being tested since the first group of refugees crossed the border on January 20, 1993. The 2,482 refugees (often called the January 20thVictory Community) whoreentered Guatemala and settled in the remote Ixcan region, have begun to rebuild their community's institutions. Their reports to NISGUA and other monitoring agencies include: difficulty innegotiations for land purchase, delays in delivery ofU.N. foodrations and thelack ofnecessary documentation for traveling withinthe country. Jimenezand theCCCP .while aware of these complaints, areplanning for therepatriationof22othergroups. When asked whythere should be optimism about the return of the refugees, given the government's unpredictability, Jimenez candidly explained thattherepatriation isn'ta matter oftrust. "It will be very difficult, but we are united politically and there are many civilian organizations[in Guatemala] working towards a broad consensus, "[foroursafereturn]. says Russia'sTransformation is Irreversible emphasized that the transition to a market economy isirreversible, given the ideological and infrastructural changes underway, and particularly because theRussian economy is already 42%privatized. Given the communist aversion to selfcriticism, it was shocking to hearProfessor Livshits' frank and candid analysis of the problems with communism, as he made his case for rapid economic transformation. He portrayed theformer communist economy as a "crazy" system of regional committees charged with every facet of the economy, including: distribution,pricecontrols, produc- tionand planning. This systemresulted in low incentives to produce, low living standards, exhaustionofnaturalresources, environmental destruction, and the dominance ofa monopolistic economy. Theonly shining star inRussia's previoussystemofproduction,according to Professor Livshits, was its ability to produce war materials,an aspect whichtheyarenow trying to use to theirbenefit "The onlythings that are well-developed are things used for war,"said Livshits. "Thebestthingsproducedinßussia are products coming outofre-tooled military factories." ProfessorLivshits oudined thedifficulties inherent inRussia and its economy, which includebadcommunications, the sheer sizeof the country, regional differences and the immobility ofthe work force. In a particularly humorous segmentofthepresentation,Livshits wasasked by a member ofthe audience why Poland'stransformation to capitalismseemed to be proceeding more smoothly. Professor Liv shits quicklyresponded thatthere are not as manycrazy communists inPoland.'' The first lecture was enlightening both . . Transformation, November 16,1993 The continued on page 7 Opinion 3 �OPINION £SST Volume 34, No. 6 November 16,1993 Editor-in-Chief: Paul H. Roalsvig Managing Editor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: Vacant Layout Editor: Evanßaranoff Photography Editor: DanHarris ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco, and Peter Zummo Contributors: Karen Bailey, Luke Bellocchi, Paul Beyer, Joseph Broadbent, Shawn Carey, Bridget Caw ley, Eric Dawson, Paul Keaton, Leslie Machado, andBen Pierson. EDITORIAL Grading System Lacks Consistency The Faculty will say thatif s something we've been clamoring for all along non-stop, so now that we as law students have it, we should be contentand give this particular issue a rest. We refer, ofcourse,to a grading system that give usmore feedback thanthe old H Q DF system. We didask formore feedback, but not a compromise to consistency. Theclasses of94 and 95 are disadvantaged, orto be more precise, will be disadvantaged whenthe individual members embark upon their quest for gainful law-related employmentWhy? Lack of consistency. Hasanyone seen the new grading system explanatory page, copies ofwhich will accompany gradetranscripts as they get sentout in a flurry to prospective employers far and wide? Wehave. Is itthe type of document that an employer will takethetime to read, in order to understand and become familiar with ÜB's unique system of grading? We believe not. Theclass 0f93 had consistency in their grading scheme.Tiieclass of 96's grading will also beconsistent from beginning to end. Only theclasses of94 and 95 will have to contend withyears where only Qs are given, and years where Qs and Q*s were given. Last yearthe editors ofthis newspaperput forth the simpleproposition that the main objective ofthe grade system change, i.e. more feedback, could be accomplished without harming the consistency of existing students' grade transcript. We called it "grandfathering". It was a good idea back then. The grading issue may be breathing its last dying gasps as we speak. It is still the opinion ofmany thatthe feedback element could have been achieved at the ' 'posting-ofthe-grades-at-the A&R'' stagewithoutcompromising in any fashion the benefitsofour unique non-competitive gradingscheme. However, the vast majority of students last year opted to discard the principles upon whichthe unique non-competitive grading systemwasfounded, thereby opening the doors to tampering with it. In a tightjobmarket, this would seem understandable. UB law students desired to be on equal footing with law grads from otherlaw schools, and whateverbenefits that had existed in the past from a non-competitivegrading scheme, lastyear's law students were obviously prepared to give them much less weight. But that vote did not, and still does not explain why the simple act of grandfathering'' thenew grading system cannot take place. '' Ithas been pointed out repeatedly that whenthe non-competitive HQDF system was begun, itwas " grandfathered" in so that students did not have a mix ofABCDs and HQDFs on their transcripts. The classes of 94 and 95 should request nothing less than that their transcripts have a similar degree ofconsistency.ln addition, itmay be agood idea to inquire into the fundamentalbeliefs assumptions that led to the development of anon-competitive grading system. Ifthose fundamental tenets still hold true, then non-competitive istheway togo. But ifthose fundamentalbeliefs and assumptions do not hold true in tough economic times with dim employ mentprospects, then the non-competitive system should go. The grading system shouldbe not such that it is a handicap to UB law students, nor should it subsequently be tampered with to confuse the law grad's subsequent employers. Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialsherein is strictly prohibited withouttheexpress consent ofthe Editors. TheOginjonispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheStateUniversi ty ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are notnecessarily those oftheEditors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy o fTheOpinionis determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomesletters to the editorbut reserves theright to editfor lengthand libelouscontent.Letters longer thanthree typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNY AB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716) 64 5-2147 orplaced in law schoolmailbox761. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. Opinion Mailbox Clarifying the LGBLS Protest ofJAGC Interviews I feel I must respond to Mr. Krakow's letter in the Nov. 2 issue ofthe Opinion. Mr. Krakow' smisunderstanding ofthe issues in- volved in theLGBLS demonstration atthe JAGinterviews and the display at the library are unfortunate, but not that uncommon "All we want is our humanright," the' plea' Mr. Krakow heard or read as he entered the JAG information session, does not refer to the righttojointhearmy. Itrefers to the right to be treated as human beings, with all the 4 November 16,1993 - dignity and opportunity that that entails. As it stands, gay the Law School."), merely rrtilitary personnel are dis:loud the issue and show that missed from service on the Mr. Krakow doesn'townadicbasis oftheirsexuality alone. That means if aletter home is intercepted, or tionary. (Capricious->whimsical, subject to they are seen going into a gay establishment, sudden, impulsive change. Perhapsyoumeant itcould mean the end of a meritorious and conspicuous?) Thewholepointofthedisplays and the protests are simply to letpeople know established career. The State ofNew Yorkprohibits State that their family and friends are being disorganizations from discrimination solely on criminated against and hopefully something thebasisofsexualorientation. Theprotection can be done about it. The civilrights movedoes notamountto special privileges, merely ment wouldn't have gotten far if it's particito the same protection affordedon the basis of pants had followed prevailing standards of race, age, national origin, disability, etc. The 'tradition, reason, and propriety/instead of Universityis a staterun organization, which is challenging the status quoand demanding to be why LGBLS protests military recruiting in the heard. Thatisnotwhining. It's standing up for yourself, and yourrights. Law School. To re-state Mr. Krakow's closing stateUnfortunately this situation existsin the private sectoras well,wherean employee can ment, "IfUB truly wishes to substantiate its legallybe dismissed onthe mere suspicion that claims to prepare itsstudents for the future, it he or she is gay, and frequently are. Mr. willafford them the opportunity to understand Krakow's misinformed counter example ofa each other,and try to show them why bigotry heterosexual wholoses his jobbecause ot his andhatred are sorepugnant and counter-procontinued sexual references is not even rel- ductive." An opportunity Mr. Krakow apparevant. I would expect similar treatment for endymissed. anyone in a similarsituation. His ill-begotten leap of logic is equating being 'out ofthe closet' withan open discussion ofone's sexual Respectfully, JosephBates, 1L Alumnus Defends Jessup To the Editor, ism, favoritism, nepotism, unprofessionalism, and ignorance," let me takethis opportunity to Althoughlamreluctanttoaddmy voice bestraightwithyou. We weretrying tobenice. to the cacophony thathas emanatedfrom these Inyourcommentary.youaskplaintively, pages oflate, I feelcompelled torespond to Jay ' 'why didn't I make the finals, let alone the Chatarpaul's Commentary published in the team?" Theanswer: youread a great deal of November2,1993 Opinion. yourpresentationfromyournotes. Whenyou I am an alumni ofthe law school, die were asked questions from the bench, you JessupExecutive Board,andanumberofJessup seemedpanicked and unable to respond approteams, as well as a lawyer working here in priately with examples of the international Buffalo. As such, I wasasked by JamesLynch conventions relative to the problem. Stylistiand Jackie Jones,members ofthe current Excally, you lacked poise and confidence, and ecutiveBoardandCo-Directors ofthecompewereless than compelling whenmaking your tition Mr. Chatarpaul competed in, to be a points. judge. They asked that I grade a number of In contrast your classmate, the "tall memorials submitted, that I judgea prelimi- African-Americanmale" youmockinglyrefer nary oralround, and then return to judge the to, broughtno notes with him to thepodium. He finals. I agreed with pleasure. had memorized his introduction and concluMr. Chatarpaul, you willrecall thatthe sion, and answered our questions from the memorial you submitted did not have your bench in great detail, correctly citingarticles name on it. Rather, ithad a competitor number from the international con ventionsrelevantto thatpreserved complete anonymity, thecorre- the problem. He spoke with confidence and at sponding names being held in confidence by no time struggled to make his argument. Put the directors ofthe competition. Thus, lam simply,Mr. Chatarpaul,hemadethefinals and puzzledby yourassertion that a Jessup Board later theteam because hewasmuch betterthan member toldyou thatyour "brief' (sic)was you, as were a majority of the others who very good. competed. Also, Mr. Chatarpaul, I was a judge The criteria discussed above are the duringoneofyoiirpreliminary rounds. Because only ones Jessup has ever attached to those the scoresheets are similarly held in confi- chosen to represent UB Law. Mr. Lynch and dence,I cannotimaginehowyou claim to know Ms. Jones earned my continuing respect and whatthejudgessaidand wrote while youwere admiration for thejobthey didrunning a Jessup outoftheroom. Finally, there simply wereno competition that was at every instancefair and commentsabout' 'anaccent in dieround that equitable to all competitors. Ijudged. Thechargesyoumake are irresponsible Irecall your presentation, and some of and insulting. the comments thatyoureceived. Itmay very wellbe,Mr. Chatarpaul, thatwe usedthe words "very good" regarding your presentation. Sincerely, However, as you have seen fit to charge my colleagues on thatevening and me w ttii"rac The Opinion activities. His definition ofpornography is apparently not content but context. Contrast anything in thelibrarydisplay with any number ofVanityFair covers, Obsession adsor James BondmovieDosters. It's apparent that Mr. Krakow find'sthetopicofgay ights difficultto understand jut it's really not that tough. Bverybody shouldbeafforded he opportunity to show their strengthsand weaknesses, and o be judged solely on their nerits. Opprobrious phrases fromthehandbook fortherhe:orically disadvantaged, (eg: 'Like throwing gasolineon a pile of burning tires, this hypocrisy is stoked by the capri:ious institutional support of - FrankHoush �I Was Ripped Off! ByßillLicata, Contributor - cm uci. 16,1went to my locker, in the basementofO'Brian HalLand uponopening it I was greetedby an unexpected circumstance not at all unfamiliar to students in the past: three ofmy textbooks were missing, stolen. What perplexed me was that there were no visible signs offorced entry,my lock was still on andthe doorwasshut. Who was smart enough to mastermind this?Initially, I thought itwas the same individual thatrazored offthelaw review articles in the case note competition last spring. I dismissedthisas improbable; that person was assuredly still basking in the glow of that deceitfulaccomplishment. (Ifthat person is reading this article I hope you are blushing furiously.) In theweekbeforemy bookswere stolen, Prof. Carr in CriminalProcedure explained that, "There is a ninety percent chance of solving acrime in the next4B hours, after that the percentages begin to drop off sharply." According to my calculations, several hours had already ticked offon my meter. Logic dictatedthe onlyplace to cash in onmybooks wastheAmherstCampusbookstore. Soacting withthealacrityofan accipiterhawk, I crossed campus and filedastolenbook report withthe clerk there. While there I believed that the prospectofgettingmybooksbackwasbleakat best,so I spent $150 to replace them. I also filed a stolenbook report withpublic safety, those menandwomeningray charged withthe duty ofsafeguarding the person and property ofthe citizenry at SUN V @ Buffalo. Infuriated, frustrated, and violated, I returned to O'Brian Hallto watchMoot Court practice rounds. After this I tried to catch up on my reading at the law library. Unable to concentrate amidst the welter of emotions, I returnedhome. Shortly thereafter my serenity was disturbedby thatfamiliar jingle ofMa Bell singing in the dining room. I answered the phone andmuchtomy surprisePublic Safety apprehended an individual at the bookstore who attempted toreturn my books forarefund. My books! The officer asked if I wanted to file charges. Ididnothesitatetoanswer, "With the full, forceandeffectofthelaw." Heanswered, ' 'We needyou to come in and make a state- A Winner's by ClaraKanocz ment" After providing a statement later that evening, I learned something startling. I was not the only onethathad been victimized by thisperson, and this wasnot something novel tothebasementareaofO'BrianHall. In fact, the suspect has worked at O'Brian Hall for several years asa custodian. The elementthat I find most disturbing isthatthe Administration either ignored what was going on or turned a blind eye to the systematic looting ofstudent property. Sev...Ripped Off, continued onpage 6 Impressions Of Jessup Thethreenightsofintensequestioning wasenough to giveanyone a headache, and, at times, even got abit uncivilized as certain judges got carried away in their God-like roles shooting threeand four questions at a timeand adamantly demanding immediate answers, in between trying to distractcontestants withlaughter, spitballs,and anything else their imaginations could muster up. However, by the end ofthethirdnight not a singlecontestant could claim tohaveavoided lengthy, grueling,and insightful questioning byapanelofprofessorsandlawyersortohave avoided intimidating and almost abusive behavior by afew lawyerswhowere former Jessup members tryingtheir best to prepare contestants for the worst. With five guaranteed openings for a four-man plus alternate team and only thirteen people competing, theodds ofmaking the 1994 JessupRegional Team werepretty goodandtheoddsofbecomingaboardmem- berwerepresumably even better. Itis therefore understandable, ifsomeone whofailed to make either the team or the Board, is feeling alittlebitter. The bitterness is even more understandable in light of such a contestant'ssomewhat misguidedbeliefthat, withodds like that dierewasno way hecould lose, especially ifhislast year's roommate was virtuallyrunning the competition. Whde it would have been nice ifall thirteen contestants hadmade the finals and theBoard, itmustnot beforgotten thatit was acompetition and, as in allcompetitions, not everyone can win. The four team members, all 3Ls withinternationallaw backgrounds, two of whom moreover are experienced Desmond members, took the competition very seriously, never assuming that they were guaranteedaposition untiltheyearned it. The same can be said about myself(the alternate) and the other threeBoard members. ...Jessup, continued onpage 6 'Gate' byDan Harris,.Photo Editor One expressionI findratherannoying is attaching the word.''gate** to anything seemingly scandalous. In fact thething may notnecessarily be scandalous,butattachthe word"gate" to the end,andyou'llcertainly providewhateveritis with the inferenceof scandal. Examplesare legion. Thelran-Contra scandal becameknown as "Irangate." President Clinton's problems with finding an Attorney General became known as "Nannygate." I'veseensignsbyformerUß Law Professor Jeff Blum referring to ' 'Tenuregate. *' Lastweek I saw something in the newspaper about the British Royal family and the' 'Camillagate tapes.'' And I'm justwaitingfor someone tomention the ' 'SBAgate" incident This obviously stems from the ''Watergate incident. However,Watergate is a hotel, not a suffix. Yes, the Watergate incident wasan embarrassing scandal that portrayed the esteemedhighest officeofthis country in a most unfavorablelight. However, it was neither the first nor the last scandal in this country. Yet,theword"gate" has taken on suchpopularity. Look atallthe examples ofwhere the suffix "gate " hasbeen added to the endof something. Now imagine if we attached a differentembarrassing U.S. incident as a suffix. Wemightnowhave"lranbayofpigs,'' or"tenuretaminyhall," orthe"SBAContra Affair." Obviously I find the expression ' 'gate" ridiculous. However, I don't think ...Gate,continuedonpagelO \ sdfasdfsdf November 16,1993 The Opinion 5 �Candidates' Statements For SBA Parliamentarian Emilia Chernyavsky, IL Stephen Lee, 3 L My name isEmilia Chernyavsky and I am running forthepositionofSßA Parliamen- tarian/Office Manager. Iwas born in Siberia and moved to the United States when I was seven. I grew up in New York City andrecentiy received my B. A. in English and American Literature from New York University. As an undergraduate, I workedin amedical office and also did somefreelance translation(Russian/English) for thecourts. I found both jobsto be extremelyrewarding because I love helping thepeopleI workedfor (andwith). I feel that thisopportunity willallow me to do more than serve the Student body this year. As a first year law student, I have the strength, interestand commitment to dedicate myselfto therequirements ofthe job. Idonotthink,however,thatthecommitment justends here. I believe that the experience ofthis position will serve as the basis for two more yearsofhelpingand learning from the SBA. *_£ Dear Fellow Law Students: I am going to make this statement very shortand to the point Forthoseofyouwhodo notknow me, my name is StephenLee and I am currentiy a 3rd. year. I am running for the position ofSBA Secretary (Office Manager/ Parliamentarian). I feel I am very qualifiedfor the position due to thefact thatI wasa 1st Year Class Director and the Treasurer last year. From my past experience on the SBA, I know how the SBA works and how to run it effi- ciently. Due to the recent developments in the SBA, I feel the position ofSecretary (Office SpecialElection for SBA Parliamcntarian\Ojfice Manager to beheld 9 a.m. to 4p.m. TomorrowandWednesday(Nov. 16&17) OutsideofLawLibrary 1> Manager/Parliamentarian) shouldbe filledby aperson knowledgeable with the innerworkings oftheSBA. As Secretary (Office Manager/Parliamentarian), I will work diligently too bring the SBA some unityand conformity. I feel it is important that all students know what is goingon in theSBA,and take part in whatis doneby the SBA. To this end I will beavailable to all students, in answering any questions orconcerns that they may have. I know this is a very busy time for all students, but I hope all the students take time outand vote onNovember 16thand 17th. Very truly yours, Stephen Lee ...Ripped Off, con tinuedfrompage 5 STEAM eral questionsremain with me from this experience. First, was I entided to notice? I annot naive enough to think my locker is inviolate, but I should o fbeen afforded informationconcerning the numberofthefts that occurred in the basement and the patentdefectonlocker22o7. Second, dothe students thathave hadtheir books stolen in the past have aclass action tort claim against the administration for fadure to communicate the known risks involved in putting their books in these lockers? Finally, I have lately been experiencing lowerbackpain, headaches, and am finding it increasingly difficult to study because I must shoulder the undue burden o fa forty pound book bag. Ifthe administration can not supply me withalocker of reasonably safemanufacture and design, perhaps theremedy is toprovide me witha sinecure from theirranks to serve as my porter. The foregoing represents my humble prayer forrelief. ...Jessup, continued frompage 5 While I sympathize withMr. Chatarpaul forany outrage he feels concerning a single judge'salleged comments about his accent, forI agree such afactor is irrelevant tothe substance ofthecompetition and anyreference theretowas inappropriate and ignorant Mr. Chatarpaul' sconclusions thatselectionofthe finalists was driven by "favoritism, nepotism, unprofessionalismandignorance,'' is unsupported by the facts. Ajudge'sevaluationthatacontestant"didn'tknow his shit," does go the substance ofthe competition, even ifthestatement is notas eloquent as it might have been. The facts are thatafter submitting a ten page brief, for threenights contestants hadthe opportunity toimpress panels oflawyersand professors with their oralskillsand knowledge ofinternationallaw. Among the professors participating were ÜB' sown Professors Kanner, Leary, andNewhouse, and Niagara University's Professor Baxter. Those panels had not insignificantnumbers o fboth womenand minority representatives—far more impressive in number than most real world judicialpanels. Twentyfive percent ofthose selected for the Board were members ofa minority group and thirtyseven percent were women—numbers of which Jessup has every reason to beproud. Regarding Mr. Chatarpaul's confusionover hisloss in lightofhis judge'sfavorable comments, I would suggest that Mr. Chatarpaul considerthat few, ifany,contestants received unfavorable comments probably because the aim ofthe com- petition is to have fun,not tomake someonefeel bad about their performance. Andregarding the degree of difficulty ofthe questions asked o fhim, there may havebeen more to mem than met his eye. As contestants successfully respond to one level of questioning, the better judges usually ask successively harder questions, gendy pushing contestants to their limit. Perhaps Mr. Chatarpaul's judges already felt that he had reached his limit andcouldgo no further. In such a situationit is for the skilled contestant to maneuver so as to carry his argument to the next level and, in so doing, to inviteadditional and more difficultquestions. While any mootcourtcompetition necessarily involves adegree subjectivity and luck in terms ofwho thejudge is;what questionsare asked; whatthe judge's ownviewsand biases are; and what stylesthejudge is or is not impressedby, itis insulting for a contestant who hasabsolutelyno knowledge ofmy orany ofdieother seven winners' performances to suggest wewon for any other reason than that we deserved to win based on our knowledgeofthe materialas expressed through ourwrittenand oral skills. I suggest thatMr. Cliatarpuallearnhow to kise more graciously. ThcOptowm 6 November 16,1993 �Livshits Discusses Russia's Economy by LukeBellocch i, Contributor Professor Alexander Livshits, Russian FederationPresidentßorisYeltsin'sEconomic Advisorand Deputy Chiefoflnformation,spoke thursday nightattheSchoolofManagementon the current hopeful financial situation in the former SovietUnion. Speaking in English, Prof. Livshits described the immense problem of controlling inflation in the former Soviet Union today, including arate that got as highas 300% over atwo-month period. TheRussian government has curbed inflation to 20% per month as of Octoberofthis yearand intends tohold inflation to 3-5% by December of 1994. Boris Yeltsin's government plans to stabilize the Rubleandcurb inflation insix steps: (1) eliminating die discrepancy between market and , centralbank rates forcredits, (2) restructuring theshort-term agreements between the central bankand theregional banks, (3) sharply reducing centralized expenditure,(4) increasing the rate ofintereston centralized banks,(s) shifting the deficit burden to the Minister ofFi- nanceand the regional banks, and(6) stabilizing exchange rates for theRuble. Using an interpreter,Livshits took questions, many ofwhich involvedpolitical stability as related to business practices forforeign investors in Russia. But the audience also included legal scholars such as Professor Headrick, whoaskedabout thetaxation scheme in place now. Prof. Livshits gave a cursory answer describing the inabdity totax average citizensand the drag thattaxing businesses has created. Another question involved the legal basis fordoing business in Russia, including basic contract law. This was answered by admitting the weak legal system in place in Russia today, but Livshits emphasized that Yeltsin has as a top prioritythe improvement ofthelegal system there. Currently, parties to a contract must enforce the provisions themselves. There wdl beanother talkby Professor Livshits this Wednesday night Nov. 17, on ''Transitions intheRussian Economy "at5:30 in Jacobs 110.Anotherdiscussion is scheduled for Thursday, Nov 18th at the same place, concerning' 'Doing Business in Russia". All law studentsare invited to a finalreception to be held in the faculty lounge following that presentation. listeners. Nowhere was the 60s sensi- bilities and moral vanities more present than in the current administration's attempt towards health care reform. Mr. Will tore apart the statistics that show that U.S. health care is at fault, demonstratinginstead that many ofthe socalled problems with health careare traceable to behavioral problems. There is no health-care crisis, he said. Rather, there are many behavioral crisisies evidenced by such things as: 1)the incidence ofAIDS, 2)rise in violent street crime, 3) smoking and poor eating habits, 4) automotive accidents, and 5) teen pregnancy the and infant mortality associated withit. Healthcare costs werebound to goup as they have,he stated, simply due to the changing demographicsoftheAmericanpopu- Continuedfrompage 3 in thesubstantive analysis ofßussia' seconomic reform and the radically different messages which theKremlin is sending to the West The final two lecturesare scheduled for Wednesday, November 17th, at s:3o,andThursday,NovemberlBth,ats:oo, both in Room 110,Jacobs Hall. "Wearevery thankfulthatProfessor Livshits was able to share his insight with us," saidLuke Bellochi, President ofthe International Law Society. "His lecture was veryrevealing oftheRussian business, tax and legal infrastructure, and he willbe able to more fully explain these aspects in hisforthcoming lectures.'' ...SBA, continued frompage 1 ...George Will, continuedfrompage 1 occurred under the presidency of Lyndon B. Johnson, heassured his , . . Transformatioftj lace. Americans are simply living longer, and he told the audience of one statistic that showed that there would be overamillion persons over the age of 100 at the turn of the century. He nextturned hisattention to education,expressing agreatdealof skepticism thattheamountoflearning that took place in elementary schools was in any way directly relatedtotheamountofmoneyspentin eachschooldistrictperpupU. Rather thekey to a chdd's learning lay in a much more important statistic: the parent to child ratio. He supported thefindingsofSenator Daniel Patrick Moynihan and the U.S. Senator's conclusions that the rate offamily disintegration that is presently occurring is withoutprecedent in US and in Will's opinion, it was certainly as bad as any ' 'public health epidemic" that US officials have everhad to combat. Will stated that the 60s radicalism made amockery ofold-fashioned values, making deviance socially acceptable. The result led to a''down-adjusting ofthestandards oftheamerican people, which, combined with the tenets of a general welfaresociety, isstarting to lead to some very' 'perverseresults.'' George F. Will'smessage was clearto allwho heardhim speak that night: It was time to make the traditional family unitthe foundation of strength of our society. It was also time for Americans to realize that manyoftheirbiggestsocietalddem- history. He agreed mat this rise in mas were related to behavioralprob- violence is a result of an ever-increasing population ofunparented adolescentmales hitting the streets, lems,and whilethey are quite daunting in magnitude, they are neverthe- year studentforapproximately 10weeks withthe United Farm Workers in California. The law studentwouldworkwiththemigrantfarm workers on immigrationand labor law issues. During the committee report portion ofthe meeting, Ben Dwyer (1L) who was selected to chair the committee investigating the allega- tions offinancial impropriety alleged by SBA treasurer MarkPanepinto towards SaultanBaptiste, statedthat they hoped to have a report at the Nov. 17meeting. Dwyer also defended hisactions after Baptiste alleged that two members ofthe committeehad someknowledge oftheallegationsprior to theOct 25 meeting. Dwyer saidthathehadassigned the twoindividuals to separate areas oftheinvestigation and thathe was satisfiedthat itwould have no bearing on the committees' decisions. After debating foralmostone hour, theboardvotedonamotionto remove the two people who had priorknowledge. Eightvoted against the motion, three voted for itand threeabstained. Because themotionfaded to getthe necessary three-fourth'smajority, itwas deadand themeeting wasadjourned. The Opinion needs an Office Manager/Librarian. If Zyou are even remotely interested, contact Paul at x 2147. J Join the Opinion! Ca11x2147 less correctable. THE PASSWORD: 1500 Broadway New York, NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (617)695-9955 (800)866-7277 FAX: (617) 695-9386 November 16,1993 The Opinion 7 �The Roaming Photographer byDanHarris, Photo Editor This Week's Question: "What do you think ofthe SBA situation?" Monica Grier, IL Hector Figueroa, 2L John Crowe, IL "It'safailing instudent government that they take on the cut-throat type ofpolitics of Washington. In this particular case I'd like to seemore evidence ofwrongdoing before fingers startpointing." "I wouldhope thatthe Treasurer,hav"Quite frankly I think it'srather sadthat did a sufficient youhave two individuals that workin thesame ing made theseallegations check to background make sureit's not unofficegoing ateach other's throats. lalso feel founded. Otherwisehe'sclearly over-stepped thatas adults we should be beyond that" hisbounds." StephenYonaty, 3 L "Hopefully once it'sresolved, everything will once again run smoothly as it always has at the law school." UB Legal ScholarsAdvocate Compromise On Abortion Issue ofthe naturallaw and Protestantethical tradi- tant churches that jumpedon the Roe bandtions, the c ivil rights movement, therise ofthe wagon, inparticular thePresbyterians, American Baptists and the United Methodists, are Protestant evangelical movement and the dethe issue. rethinking cline ofthe mainline Protestant churches. Meanwhile, someprominent' 'pro-life Many view Roe v. Wade as an attempt a willingness to showing activists are also by the Supreme Court to secularize theaborretreat an absolutist position. from ethical, political tion issue and cut offfurther Moreover, theysay,thedecision inCasey and theological debate,Mensch andFreeman Parenthood ofSoutheastern Pennv. Planned pointout sylvania~in which theSupreme Courtupheld While they callRoe Wade amistake-as does new Supreme Court Justice Ruth four provisionsofPennsy lvania lawregulating Bader Ginsburg- they do not advocate the abortionswhile declining to overturn Roe—' 'is precipitous overturning ofthe ruling, which an attempt to be realistic." However, the Casey decision shouldnot would send the issue back to the state legislabe, by itself, afinal version ofa compromise on tures withno constitutional guidelines. Instead, they believe common ground on the issue, they say. Real compromise, Mensch and Freeabortion canbe foundby including theological thoughtinto thepublic discussion, sincemost man maintain, probably will mean, as it does Americans' views lie between the two ex- in many Western Europeancountries, apublic policy that allows abortions, but regulates treme positions on the issue. Polling data show that only about 20 them whde at the same timetrying to discourpercent ofAmericans are truly "pro-life", age them. That may involve allowing states to feeling thatall ornearly allabortions shouldbe prohibited, theauthorssay. Another 20 percent push up the deadline for presumptively legal are truly "pro-choice,"believing in unre- abortions to 16or 12or 10weeks, orrequiring stricted access to pre-viabilityabortion. The women to provide statements oftheirreason for havingabortionsbeforetheprocedures are rest— about 60 percent want some restricperformed,they say. tions, yet opposetotal prohibition. MenschandFreeman see other signs of '' Compromisemeansthat each side must —■-"■-■-I ■■■■mi .....Jim give up something important they write. hopeforacompromise. The mainlineProtes- formanyhundredsofyearstoofferhopeinthe face of despair, to offer life in the face of inevitable sufferingand death," the authors write.' 'We discardthose traditions (in debating the abortion issue) issue at our peril.'' The authors, both professors oflaw at ÜB, insist thatany serious, moral discussionof the abortion issue start with the recognition that abortion is a lifeand death issue. "Toabort a fetus is to kill, to prevent the realization ofa human life," they write. "But to say that much is not to answer the moral questioninvolved.'' They note thatwe often,howevertragically,choose death,as withwar orstatistically issue. predictable highway death. In theirnew book, "the Politics ofVirtue: Is Abortion Debatable?" (DukeUniver' 'That we choose to kill does notmake itwrong on that scorealone; but wesurely need sity Press, 1993),MenschandFreemanmaina vocabulary for talking about life and death tain that while most Americans get their beliefsand values fromreligious traditions, reliissues in moral terms that underscore that gion has been left out ofthe debate for most seriousness of any choice for death," they write. people. In'"ThePoliticsofVirtue," Menschand They notethatßoev. Wade, which they call' 'amistake legally, sociologically and Freeman seeabortionasrepresentingabroader politically is apurely secular decision that dilemma:What shouldbetherole oftheology '' doesn't speak to seriousreligious tradition or in American morality? the feelings ofmostAmericans." Theirhistorical view ofAmerican culture sinceWorld WarII includes examination ' 'Our religious traditions have served Special From SUNYat Buffalo News Service Newbookpromotesintroductionoftheological thought into moral debate Thefull introductionofreligious thought intothe public debate on abortion could bring about a compromise between the two sides of the volatile issue, two University at Buffalo legal scholars say. Although many may believe that it isthe religious fervor ofthe "pro life"camp thathas led tothe extremepositions takenby people on both sides ofthe issue, Elizabeth Mensch and Alan Freemen contend that in fact, theological thoughtmayleadtocommongroundon the —- ———————— Mt tilliil]JMJnr.3Qrr:*" IM v. — Is the UB Law Course Guide Misleading? by Steve Balet, Contributor j j Ever Get Somebody Totolly Wasted? ________________________ fml* IU S b« 8 The Opinion November 16,1993 Department o( Transportation J The time offilling out course selections is upon us. Due to thelimited amounto f courses thatare available to take, itis important to pick subjects that interest you. Every semester I diligently study the courseoffering sheet,looking forthecourses that I want to take, butlikemany ofyou I do notlook at the course descriptions.Thecourse tides are sometimes misleading and often it is not until the 2nd or 3rd class that you discoverfhatyou arenottaking the course that you thought you were. I have been in this predicament several times myself, so as a public service I am publishing a list of 10 courses whose titles I find most misleading. Next to each course name is a statement of whattnecoursedoesnot teach.Ihopeyoufind this useful. CriminalProcedure: Does not teach burglary techniques,how to conspire or howto case a joint •EstatePlanning: Does not teach landscaping, how tobuildatwo-tiered porch and there are no readings from Bob VUla's book. ■Schlegel'sContracts: Doesnotteach contracts. ■Intellectual Property: Doesnotteach about property owned by people that are smarter than me. ■Sentencing: Does not teach about Punctuation, the predicate, and does not use school houserock as a teaching tool. •JuveruleLaw: Doesnotteach the "Do Over rule,the Whenthe StreetLights Go On it's Tune to GoHome" rule, and there is noresearch project on constitutionality ofthe '' IfYouDon'tHave Enough fortheßestofthe Class then Spit it Out statute. •Labor Problems: Has nothing to do withcomplications duringpregnancy. ConflictsofLaws: Doesnotgiveyou tips on hand-to-hand-combat withotherlawyers. •Commercial Paper: Does not teach aboutwhat theglossypapermagazine ads are printed on, nor does it teach you about junkmail. •Antitrust: Has nothing totdo withthe Machiavellian thoughtprocess. �Alumni Spotlight: Immigration Michael Lawyer Marszalkowski, '83 , byPaulßoalsvig, Editor-in-Chief MichaelMarszalkowski loves his job. Itmay behard workthese daysbeingan immigrationlawyer, but thereare also many rewards. There'sofcoursethefactthathegets a great deal of satisfaction in helping lots of ordinary people overcome obstaclesandrealize the oftenlife-long dream ofbecoming a permanent resident or citizen ofthe United States. But Marszalkowski's position has offered somerewards that many immigration lawyers will never experience: like meeting musical celebrities in person, or getting a printed thank-youonthe coverofatape or CD. There seems to be a flurry of touring musical and theatrical acts coming across the Paul NiagaraRiverthese days. Andtheirgoalisthe by same: to break into the lucrative American market. Theacts are Canadianthemselves, or Michael Marszalkowski, class ofl 983 haveentered Canada fromBritainorthe rest of Marszalkowski finds intriguing. As he exEurope. The downtownlaw firm ofAddelman plains it, there are two sides to the INS; the role & Marszalkowski has gotten areputation as whichone playsas animmigrationlawyer will oneofthe p laces to gowhenmusical ortheatdependentirely onwhichbranchoftheINS one rical acts need to obtain the proper visas to is dealing with. enter and work in the United States. Experience has shown thattheImmigraHow did he get involved with musitionandNaturalization Service can getpretty cians? According to Marszalkowski, it all testy ifthe proper forms aren't filled out corstartedawhtie ago witha singularinstance of recdy, or aren't submitted on time. In this helping a band get across the border to playa respect, theINS isjustlike many otherfederal gig. From there, word ofmouth help spread agencies; i.e. a service agency with a lot of Marszalkowski'sreputationofhelping musipaperwork. Muchoftheworkofanimmigracians and their support staff in immigration tionlawyer simplyinvolves being ontopofall matters, to the point thatthey now account for the paperwork. His role towards the INS is a full 20% ofhis business. thereforeprimarily oneofaneutral, pro-active There' sa duality in thisprofessionthat problem avoidance specialist dealing with a Roats\ig Phot government service department at this timewas onlybeing practiced by what Butmerealwaysremains thelikelihood he calls smaller "boutique-type" specialty that some alien musician or roadie will be law firms, and mostofthem were not hiring. found to have apast criminalrecord ofsome Butthings changed in 1986. Thiswasthe type, orworse yet, commit acrime in the U. S. year thatthe immigrationlaws werechanged Suddenly, the enforcement arm of the INS to allow for easier transfer ofworkersacross kicks in. This is the divisionresponsible for the US-Canadianborder. Many ofthelarger protecting the borders oftheUnited States,and firms wanted to "cash in" on the sudden in many respects they act like a police force. interest in immigration issues, and They mayhave detainedthe client waiting to Marszalkowski was able to convince Hodgson deportthe person, or ifthe client is outsidethe to develop a full-scale immigration departU.S., perhaps not even let them across the ment in connection with their commercial border(what isknown as "exclusion"). Then division. Marszalkowski' sposture towards theINS necSeven and a halfyears later, the entreessarily must quickly change to that ofa de- preneurial spiritcaughtholdofMarszalkowski, fense attorney in an adversarial proceeding. andhe decidedto try itonhisown. Buthe didn't While inthis mode,litigation skillsbecomeof havethe resources to openhis own shop. Luckparamount importance. Marszalkowski figily,he bumped into anold UB Law classmate ures thatagoc>done-thirdofhiseffortsare spent (Dave Addelman, also class of83) who was on litigation. looking for someone to share spacewith. And Deportation hearings arepartand parcel thus the firm of Addelman& Marszalkowski ofany immigrationlawyer's profession, but wasborn. exclusion proceedings take place only at the Asasuggestion to present-day law stuU.S.border. Marszalkowski noted thatbeing dents,Marszalkowski notes thatthere isplenty located in Buffalo by the Canadian border, ofwork outthere,and much breadth to thefield means thathe gets to litigate exclusionissues, in a border city suchas Buffalo. But he also something that 90% ofUS immigration law- recognized thatthe greatest volume ofimmiyers will never get to do. grationcasesoccurinsuchplacesasNew York Did healways want to do immigration City, Miami,Los Angeles, and alongthe Mexilaw? He took the Immigration Law Clinic can border. He stressed thatfinding the perfect (taught at that timeby Cathy Reimar) while at job is often a creative process. If a young ÜB, as well as a Human Relations course lawyer can do a particular type of case very taught by VirginiaLeary. Aftergraduation he well, wordofmouth will probably spread, and actually found himselflitigating for Hodgson suddenly the young lawyer will find thathis/ Russ'commercial division. Immigration law her services are in much demand. Benefit Planned for SecondYear Law Student byPaulßoalsvig, Editor-in-Chief So what are you doing in two weeks? Yeajknow. Ifyou'reatalllikeme,andyou've gotten so wrapped up in some sort of fun extracurricular activity (is being Editor-inChief ofthe Opinion fun? Ha! Yea Right!) you'llbe trying valiantiy to catchup inallyour courses in the final stretch of the semester. Well, remember JackNicholson in the Shining? "Allworkandnoplay " Whatl'mtrying to say ishey.you don't wantyour studyingfor exams totumyouinto a psychotic axe-murderer, do you? (Hmm, I wonder how that would look on my resume.. .hmmm..nan) So what I'm trying to say is:take abreak from your normal humdrum bookworm law school nerdexistence and come outto aparty. (A party yousay! And solate in the semester! This hadbetterbe good!) Itwdlbe. Butfirst,here'sthelowdown: One ofourlaw school classmates is currendy undergo ing some serioussurgery at the Strong Memorial Hospital inRochester. 2LMichelle Obleman is in need of alung transplant, and while muchofheractual medicalexpenses are covered, herfamily are incurringlots ofnonmedical costs intraveling, daysofffrom work to see her, and thelike. Her law school friends, in cooperation withthe SBA, thoughtthatas a nice gesture, they wouldthrow aparty withall theproceeds to benefitMichelle and herfamdy. It behooves us all to come out and show support for a colleague in need. There's a community feel to the studentsand faculty of UB Law. Let's make a communiJy show of support for Michelle on November 30th! So come on out! byMimiC.Meng. Contributor Captains, Please " a team ofsecondand thirdyear law students won third place in die UB Intramural Volleyball Tournament, competingagainst nine otherteams. "Capitals, Please" played 10 matches to advance to third place in the playoff, dien lost to the second place team in an intense, diree-game match last Tuesday night ' What?, doyouneed moreofaninducementthanthat?Ifyou do,thenyou'reprobably somesortofheartless creature who'll endup in everyminuteofeveryday.andwhereyounever know theanswers to his questions),and whythe heckam I evenwasting my timewiththelikes ofyou? =——— nvest In Your Future -— The team consists ofRob Nieweg, law studenthell(Y'know- the place whereCi v Pro is taught Socratic style by Satan him. ;lf Butanyway.ifyoumustknow, thereis another greatreason to come outon Tuesday, November 30th to Brennans Bowery Bar(near thecornerofMainStreetandTransitßoad).l have been told thatthe musical talents oflaw pro fessors JamesAdeson and DavidEngel and therestoftheHotCargo String Band(who will beperforming thatevening) are a spectacular mix, and are guaranteed to please the aural senses ofeventhemostdiscriminating audiophde(inotherwords, they sound great!). "So howmany beans isthis going toset me back?" Sheeesh! What? You meanyou're still notcompletely convincedongoing?Well, Law Students Compete In Volley ball Tournament Wehope Michelle Obleman gets better soon! the cost is all of six bucks, you skinflints! Sheeesh! Sixbeans atthedoor.andyougotyour entertainment, your beer,your chickenwings, andy oursody pop alltaken care of. Andallyour goofy friends will bethere. So you see, there's no excuses this time. See youthere. P.S.Ifyouneedmoreinfoonthebenefit, wantto know moreaboutMichelle's status, or contactSharon Pigman, box 492. Bill Farley, Christine Farley, Sue Soong, Jamie Han, Helen Pundurs, Mimi Meng, Heidi Hackford and Stephanie Nemec. Under the direction ofCaptain Rob "taskmaster' ' Nieweg, the team only practiced twicebefore thetournament began and won seven out often matches, usually against undergraduates. According to team member Helen Hinders.' 'theonly reason wedidn 'tdoeven better was because the undergradevent their pent up sexual frustration in volleyball." She claimed that overall, it was a fun learning experience for her, having only played informal, pick up games before. Another member, Christine Farley, made this modest vastly understated comment: "I onlywatched the lines." Sue Soong and Mimi h hope diat die team will continue to play in uext semester's tournament, and' 'keep improving!'' —J=Fj| _. Insurance wmm GiHH BISBS J|l4jM|lMl|| for the Bar Exam ForMore Information Contact: New York State Bar Association, Membership Services Department One Elk Street, Albany, NY 12207 Phone: 518-463-3200 Fax: 518-487-5579 WM |ifiHi!!> A Networking Opportunities _. Help Building Your Career _. Publications to Help You Study = I ddfliHt^ I ■ 111 NYSBA November 16,1993 The Opinion 9 �UB Law Professor says Day Care Can Spark Community Development SpecialFrom SUNYBuffalo News Service Peter Pitegoff, associate professor at UB law, says daycare as anenterprise can help createjobsand provide opportunitiesfor entrepreneurship inthe innercity. In arecent issue oftheGeorgetown Law Journal,Pitegoffstates that in order to be successful, however, such ventures must confront the harsh economic realities ofproviding child care and a public art i rude that undervalues child-care work. Those that dowork have an "internal culture" that value the work ofcare givers whilecreating the' 'external links'' —to government, charitableand corporate resources— that make it possible for the enterprises to succeed financially. One such example,Pitegoffpoints out is the Childspace Day Care Centers in Philadelphia, aworker owned andoperated enterprise serving more than 200 cruldren at two sites. Childspace, he writes, "explicitiydemonstrates the positive link between quality careand quality jobs." Child-care jobs usually are low-wage, with limited benefits and little chance for advancement Thiskind ofwork environment he says, leads to highturnover and undermines the quality ofcare provided, threatening the basic tenets of quality economic development—that the quality of jobs created is as important as the quantity,and thatthe success of the enterprise is measured in its social impact. Pitegoffpoints outthatthe ChUdspace Day Care Center is successfully following a community economic developmentapproach. The worker-ownership structurereinforcesa "participatory culture" at ChUdspace. The workers help develop policies that include a decent wage and benefits, the optionfor staff to bring their cruldren to work, support for workers' continuing education and career opportunities within the organization. "The significance of Cluldspace is its intentional link between the quality ofchddcare jobs and the excellence of child-carer service," Pitegoffwrites. Creativestrategies such as those exhibited at Childspace "can help make the case for attributing greater worth to chdd-care work.'' Law Students AidingVictims of DomesticViolence assistance to social service agencies and legal offices. Law students at UB are now helping victims ofdomestic violence in Niagara and Monroe counties, and expanding services to The Clinic, established last fall, grew Erie Countyresidents thanks to state funding made possible by Assemblyman SamHoyt A outoftheDomestic ViolenceTask Force that $ 10,000member item sponsoredby Hoythas Tomkins,a 1992UBlaw schoolgraduate, and enabled the Domestic Violence Clinic at the otherlaw students developed four years ago. UBLaw School to become afull- time operaThevolunteer, student-run TaskForce assists victims, assist more said Suzanne E. local lawyers whoprovidepro bono counseling tionand Clinic. to fanuly violence victims. The volunteers Tomkins, ClinicalInstructor in the Students earn academic credit while also act as advocates for women involved in providing more than 150hours aweek offree Fanuly Courtproceedings. Crossword Puzzle o q q (/) jl £ 0) "J?2J SZ (J _U. >, m «2 _q >, qj CO _. XI ti -q 5? —JO CD LU »O q N 3 Q. "Q O 6 AndyCapp's wife 9 Hand-dyed fabric 14 From Russia With Love Q 1O 54 Duct 57 O.T.book 58 Magazine for jailbirds? 61 " Street Blues" 64 Venetian hackie 65 With 66Across, Thimble Theatre character 66 See 65-Across 67 Actor Ouaid 68 Did the floor 69 Vote against 70 Actress Georgia Ferrigno 24 Lie (repose in the v Hi! 18 perhaps 11 Conway of McHale's ■■■■■■■33~34 839B 39 52 18 Telephonedial triad 21 Not digital 25 Wine spot 26 Apple or lemon 27 Billions and billions of years 29 160 square rods 31 Starters 34 Played the trencherman HF [5 His preceder 63 hefty salary) P ■■■ 2S - ■■ 37 PE_ 26 ~81~ H 46 8J32 I ' ZJHH 56^ M ■«) - 55 ■■Si 53j 59 ' bT M 6' 27 38 48 60 l H 5" 49 50 In melast Opinion (Vol. 34N0. s,Nov. 2,l993)weprintedarevisedTreasurer'sreport onpage4. However, due toa simpleoversight, weneglected to print the originalTreasurer's Reportas itwas issued to membersofthe SBA and guests on October 25,1993. To clarify matters, and in the interest of fairness, we include herein the originalparagraphs: myhumbleopinion willchangethepopular useoftbeexpression. Sol'vedecidedifyou can'tbeat'emjoin 'em. Thus,rvethought up some current' 'gates." This past summer dietabloidswere filled with Burt-and-Lonigate. Fans of Amy Fisher can't get enough of Buttafuccogate. Then ofcourse therewas the veryforgettable andregrettable LateNightgate, aica. theChevy ChaseShow. Asidefrom Tinsel Town, weatUB LawSchoolhaveafew "gates' 'ofourown. There'sLaw Degreegate, which consists ofbeing $50,000in debtfrom educational expenses,only to find thatthereare no jobs outthere forlawyers. Tbere'sGradinggate, whkbconsistsofhavingtowamintil Spring Semester Senioryearto getyour firstyear grades. Butlet'snotforgettranscriptgate, which consists of having to explain to employerswhatthoselongawaited Hsand Paragraph 1 oftheoriginalReportread as follows: Overthe course ofmy first 6 monthsas SBA Treasurer, I witnessedpattemofconduct on the part ofthe SBA President that is irresponsible, unconstitutional and unethical. Efforts tocurb theseactivitieshave faded, and as suchitis my Constitutional duty to disclose this conduct to dieBoard od Directors and the Studentbody. Paragraph 3 ofthe originalReportread as follows: AsDirector ofPhi AlphaDelta Saultan ran up a $2100 personal phone bin between September 92 and April 93. One ofhis first actionsupon enteringofficewastomoves24B3 into the telephone line to coverthesepersonal calls. This action took place on 5/4/93. This isaclearviolationofSUNY guidelines, inthat Saultanused Studentmoney tocoverpersonal expenses. Saultan subsequendy reimbursed these funds in July,but thisdoes not correct the wrong. AtworstSaultan'sactionisthemisappropriation offunds, and atbestaninterest free shortterm loan. Qsmean. Before we set aside the subject of "gates",there aresomehistorical "gates" whichdeservementioa Mostpeoplewho know somethingabout the earlyhistoryof this country are familiar with Salemgate. Astronomers are all too familiar with Galileogate.Historical revisionists would like to elucidate us on the tragedy of Columbusgate. Last,but far fromleasU'm sure that Adam and Eve never forgot Applegate. Paragraph4 ofthe originalReportread as follows: The SBA budgetismuch stronger financially than anyone knows. We began the year withacashbalanceofs4s,ooo. Weanticipate asurplusofbetweens37,ooands4l,oooforthis fiscal year. Saultan deniedthismoneys existence early inhis tenure, and afteracknowledging its presence has continually delayed informing lawstudentsofitsexistence. Saultan wouldlike to usethismoney to fund his ownpet projects withoutBoardapprovalmuchlike the previous administration did. All letters to the editor and commentaries are due the friday before the issue comes out. We welcomeyour opinions. Tuesday, Dec. 7 is our finalissue ofthe semester. All submissions are dueFriday, Dec. 3. We hope this clarifies any misunderstandings thatmay haveoccurred. TheLowdown WHAT FREEMOVuT'CITYSLICKERS" WHEN:Tuesday,Nov.l6,ats:3opm WHERE: 106O'BrianHall THE LOW DOWN: Students of Law for Animalßights Celebrates SOLAR's 1stbirthday! Cruelty-free beer, sodaand popcorn willbe served! WHAT: HIBERNIAN LAW SOCIETY PARTY WHERE: TheLeft Bank, 511 Rhodelsland (Richmondatßhodelslandßuffalo) WHEN:Thursday,Nov. 18,9PMti1... THE LOWDOWN:Join the Hibernians for theirannual fall fundraiser/food drive/membership party! NAFTA, Do We Hafta? Decide for yourselfat the NAFTA debate. Labor and Employment Law Society Go KevinI VS. TheFederalist Society 75 61992 Crossword Magazine Inc. Box 909 • BeDmore. NY 11710 • (516) 679-8608 Answers on the Docket, page 11 10 figures (a |'° 111I11 112I12 113I13 Is 8 HP* 63 g a pitchfork 55 " howr 56 Salt away 59 Salty sauce 60 Dash 61 Stem 62 King Bb^ ■■pS HpS 62 49 Breakaway 50 Feminine Ladd 52 "Man !" 53 Like a 4 51 61 State 48 Reliever's short stint squeeze 40 - shindig 12 1952 campaigner 13 Barbie's main 35 ■ slangliy Navy 31 ■"■ f 40 Golf tourney 41 Like a chicken the 42 " season..." 46 The Beaver more IF* 28 Hj flN effectively 9 Squalls — ■■21 44 O 39 Elaborate 55 © LJ $ 8 Swing thebat 10 Hang-gliding, Rotunda) 28 Not quite none 30 -cake 32 80. posting 33 Northwest Passage seeker 36 Railroadcrossing word DOWN 1 Dental uppers 39 Magazine for Chinese 2 Complain restaurateurs? 3 Captivate i p p p fs HP p 17~~ governess 5 Province of South Africa 6 Draw strength from 7 Smallville's 35 Aristotle Contemplating the Homer 37 Letters of obligation 38 Timetable, Lang once actress 22 *V krypton 45 TonyMusante TV series 47 Brake part 51 DanQuayle, Claire, Wis. 16 From the same mold 17 Flat 19 Part of NOW 20 Magazine tor teamsters? 22 Rocker Brian 23 Piniella or 15 4 Bronte's 42 Crow homes 43 Confront the ump 44 Suffix with ACROSS 1 Dress to the nines Editor's Note ...Gate,icontinuedfrompage 5 Th&OpiKfon •; Noverttber 16,1993 < otf 4 p.m. Wednesday, Nov. 17 room 108 O'Brian Hall �The Docket Announcements: Public Interest Fellowships Available to Students The Charles H. Revson Law Students Public Interest(LSPIN) Fellowship program is being administered by thePublic Interest Law Center atNYU SchoolofLaw. Up to 45 grants will be made to students working ftdl timefor 10weeksduringthesummerofI994. Stipends of$3,250 are available for ILand 2L students attending law school in New York State and New Jersey whohave secured summerplacements withpublic interestorganizations inthe New York City metropolitan area. Theapplication deadlinethis year isFriday, December 3,1993. Interested parties should getin touch with the Dean's Office at UB Law or NYU school ofLaw, or get in touch with the CDO office at either law school. PAD to Sponsor Drive for Food Center Remaining UUAB movies this semester: Highlander 8 p.m. Wed. Nov. 17 1994 NewYork State Law Student Legal EthicsAward Guidelines: The Award, with a cash payment of$750, is to be made at the conclusion ofthe academic year. The Award is intended to encourage activities in connection with the lawyer'srole as representative ofclients, officer ofthe legal system, and public citizen having specialresponsibility forthe qualityofjustice. The Award is made to thelaw student selected bythe school, and is granted inrecognition ofan extraordinaryaccomplishment in one ofthe following areas: Leningrad Cowboys Cometo America 8 p.m.Thurs. Nov. 18 Delicatessen 8& 10p.m. Fri.Nov. 19 Slacker Midnight 1. A proposaloutlininghow membersoftheNew YorkStateBar can be challenged to develop and demonstratedieircommitmentto pro fessionalresponsibility orlegalethics; TheLivingEnd Bp.m.Thurs.Dec.2 2. A written article.essay or other exposition, on the subject oflegal professional responsibdity or legal ethics; or RosencrantzandGuildenstern AreDead Midnight Fri. Dec. 3 3. A substantialaction oractivity in furtherance oflegalprofessionalresponsibility orlegal ethics, performed or instituted in the yearofthis competition. (An examination answer/score ora grade in a course cannot be the basisfor theaward) Films are shown in the new Student Union Theater,2ol Student Union. Tickets ares2.so forStudentsand Faculty withU81D,53.50a1l others. In an effort to further stimulateinterest, the award Committee reviews all written expositions with a view toward selecting one which die Committee believes warrants submission for publication in the New York State Bar Journal. (With regard to written expositions, submissions shallbe deemeda consent to publication where, in thediscretion ofthe Committee, such publication is warranted.) foods, baby food, and healthand hygienicitems such as soap and shampoo. PhiAlphaDeltais sponsoringaFood and Supply Drive tobenefit theRhode Island Street Food Center. The Centerhas been inoperation for over 10years. It is staffedby theDirector Linda Signer who is a volunteer, as wellas a number of others who volunteer to keep the CenterrunningMondaythroughFriday. Clients are mainlyresidents from thelowerWest Side between Rhode Island and downtown. However, Signerpointed out that clients who seekassistance are served regardless oftheir areaofresidence. Between 500 and6oo families per month currently receive help there. Donation will be accepted on the 1st Floor o fO'Brian Hall on Tuesday November 3oth,Wednesday December 1st, and Thursday December2ndfrom9:oo-2:30. TheCenterhas a special need for non-perishable nutritious NYSBA to Present another Program The N YSBA committee on Women in the Law will present a program describing "The Road to the Judiciary: Navigating theJudicial Selection Process" onNovember 18at 6pm at the Bar Center in Albany. ChiefJudgeJudith S. Kaye will serveas moderatorforthe panel discussions. Theprogram will provide insights for women and minorities onprocedures inseeking judgeships in state and federal courts, including discussionofthepolitical process and judicialselection committees. Panelists will draw ontheir own experiences and offerpractical information onpursuing service onthe bench. Admissionis free. For further information, contactthe NewYork State Bar Association at (518) 463- -3200. Coming Nov. 20,1993: "Human Rights and theNew Legal Pluralism" Sponsored by the Baldy Center Formore information, call 645-2102 oMn._L[s v|a 3 S 3_iIII[JBBI H J_ NjIS V A lb o|l|v|N 3|S sis' TTgJßti wo TJHO ii a y ■s' 313 Id 3U 13 I |X O O 0 3 N n_LU\O j_B I v"7TBBjri~ 3js3 a lvjxisN ißno Tp O N V Q N V 3IW I 1 MBOE v H N3W 1U V d V 3 x I "ilvßn V 3||vUjN 3 1 M|i|i|vleHoh|jMN|3l3lald RtadMoreOpiniora! pjOMSSOjo efja MSSOtIO DISCOUNT ENDS NOVEMBER 23 $150 ___________ $75 deposit on Marino Comprehensive NY or NJ locks in the discounted price and guarantees you a seat. Then, pick out $75 worth of any law books you want -we'll pay the tax and ship them to your door!! MARINO COMPREHENSIVE will credit up to $150 of any monies lost when you withdraw from a competitor's course to switch into MARINO. This credit may be combined with any existing discount on Marino Comprehensive. For more information, stop by the Marino table on your campus, or call (212) 663-1000 or 1(800) J-MARINO. N Spnctloveyou. bulyou'reabitchy! and receive up to \x 3 — HeyGoaby, UfsgolotheAllid COMPREHENSIVE t lor Monies LOSt HiJ_TO £ Probing, Timely, Controversial, Beer Join the Opinion! MARINO A'+ f woo l|3lO|N|3M/>,|V|NMa|3|X|v"JM A 0 N V nil A oIjA I 1 O HappyAnniversary Mom & Dad! -E Switch C* CrosswordPuzzle Answers _ _» . Iwl J\ -p-^ T -»w -|-^X I l\j 1 W\ -LvAjLjLA l/JLI V^r .— /TTk-n (JOJVI i 1 n TTH \THTT 7■ 1 W feJL V XL Think Like A Lawyer. MARINO COMPREHENSIVE. INC. 255 W. (Iflth St. NYC, NY 10025 (212) 663.1000/(800) November 16,1993 '. J-MARINO TheOptnfori'. 11 �1 WE'RE NOT THE BEST BECAUSE WE'RE THE ■I WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW © 1990 BAR/BRI 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/56639882c75b6ecc6f38cc6b8fd629f0.pdf c09d2c7493692d2da207dad6ba70d924 PDF Text Text THEOPINION Volume 34, No. 7 -- December 7,1993 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW The Verdict Is In Or Is It? Special Investigative Committee Submits Its Findings by Leslie P. Machado, Contributor TheNov.29meetingoftheStudentßar Association wassupposed to answer many of the questions about the allegations raised by Treasurer MarcPanepinto at the Oct. 25 meet- MichelleObleman Saying Goodbye to a Friend byJenniferEnglert, Sharon Pigman, and TerriWeiririber, Contributors Asmany ofyou have alreadyheard, second-year lawstudentMichelleObleman died at theageof24 on Monday, November 22,1993. Michelle was awaiting evaluationfor alung transplant due to a complicationresulting from treatmentsfor Hodgkins disease. Forthose ofyou who didn't have a chance to get to knowher, we wouldlike to share withyou whoMichelle wasand what she meant to us. Michelle was diagnosed with Hodgkins Disease theFallofherjunior year at Hamilton College. During the next two years, Michelle travelled from Utica to Rochester toreceive radiation and chemotherapy treatments. At one point, she was told that the cancer had gone into remission. This, however, wasshort-lived. A month later, Michelle learned that the cancer had come back. Her physicians recommended abone marrowtransplant, which sheunderwent soonaftergraduating cum laude from Hamilton. Michelle's greatest complaint during this time was that she wouldhave topostpone lawschool for one year. The bone marrow transplant was successfuland Michellebegan law school intheFallofl993. Thecancer had been in remission for about one year. However, Michelle was experiencing shortness of breath which the doctors believed was a temporary sideeffectoftheradiationtreatments. As the year went on, Michelle's condition worsened. Shewasto Id that she wouldneed alung transplant. ThoseofyouwhometMichelleknow that she was very open about her health problems and her treatment. She didn't wantpeople to feel uncomfortable around her or feel that these things were taboo subjects. Talking about her struggle with cancer and the factthat she overcame that deadly illness seemed to be her way of convincingherselfthat shewould survive, despitethe damageradiation and chemotherapy didto herlungs. When Michelle was told late last year that her lungs would not recover on their ownand that sheneeded a lung transFriend, continuedonpage 9 ... ing concerning the conduct ofSBA President Saultan Baptiste. In the end,however, all the meeting did wasraise more questions. The Special Investigative Committee, chaired by 1L Ben Dwyer, has released its report While exoneratingBaptiste onmany of the allegations, the Committeestill found that "Saultan's conduct in regard to running up large personal long distance phone bills on school phones and initially paying those bills with student funds to have been, at the very least, badjudgement,and atthe most, improper conduct." In reaching itsconclusions, the Committee used thestandard contained in Canon Nine ofThe Lawyer's CodeofProfessional Responsibility which says that''officers ofthe public trust have theduty toavoid not only engaging in improper conduct, but to avoid even the appearance ofengaging inimproper conduct. Thus, it is wrong not only to cross the line dividing properand improper conduct but to enter the hazy areabetween the two as well." In reaching itsconclusion, the Committee investigated all fiveofthe specific charges levelled by Panepinto against Baptiste at the Oct. 25 meeting. The Committee found that Saultan's verbalcommitmentofS 1,500ofSBA funds for the face book project before Board approval was a "risk worth taking" and within the discretionofthe President. As to the charge thatSaultan spentmore $ than 1,000 onhis course evaluation project without Board approval ofthis expenditure shortly after hiselection, the Committeefound no evidence of "wrongdoing on Baptiste's part". The thirdcharge ofPanepinto's was that Baptiste ordered the freezing of budgets of organizations which failed to meet the timetable for filing forms, which was outside the SBA, continuedon pages 6and 7 ... The Special Investigative Committee's Findings ConcerningTreasurer Panepinto's 5 Allegations Against President Baptiste o ■ Accusation 1: Baptisteverbally committed $1,500 to thefirstyearfacebook, and only came to theBoard forapproval after thefact. Committee's Findings: The Committee found that "Baptiste's 'commitment'ofthe $ 1,500violated no provision in the SBA's constitutionorby-laws"... and also found that "the president is allowed certain discretion in making executive decisions, especially in the summer, and thatthe verbal commitment given the Alumni Association was certainly within that area of discretion." Accusation 2: Baptistespent more than $1,000 ofSBAfunds on thecourse evaluation projectwithoutßoardapproval. Committee's Findings: The Committee found "no wrongdoing on [Baptiste's] part." Accusation 3: Baptiste unconstitutionally instructed the treasurer tofreeze the budgets ofstudent groupsthat hadfailed to meet a presidential directive. Committee'sFindings: TheCommittee found that"thepolicy offreezing groups' funding, though arguably harsh, in itselfis not illegalorunconstitutional" aslong as theExecutive Board approves it. Although the Committee found thatthe policy was never implemented, it found "the president's attempt to implement the policy [to be] a violation oftheconstitution" sinceBaptiste had the opportunity to obtain Board approval, butchosehotto do so. Accusation 4: Baptiste denied the existence ofthe budget surplusand delayed informing law students ofits existence. Committee's Findings: The Committee found thatit "has noreason to doubtthat Saultan [Baptiste] intended to inform the SBA ofthe existence ofthe unallocated reserve as soonas ithe felt it possible to do 50.... The Committee [also] notes that both Marc [Panepinto] and Paul [Beyer]knew ofthereserveand couldhaverevealed its existence to the SBA at any time, and in aless divisive way than it was revealed in the end. The Committee concludes thatwhatever blame is to be placed in regard to this issue should be shared equallyamong the present Executive Board as a whole." Accusation 5: Baptiste used SBAfunds to coverforpersonal long distancephone calls made lastyearfrom the PAD office. Committee's Findings: TheCommittee found that "[Baptiste's] conduct inregard to bothrunning uplarge personal long distance phone bills on school phonesand initially paying those bills with student funds to have been, at the very least, bad judgement, and at the most, improper conduct" Abrams Calls For Election Reform by Saultan H. Baptiste, StaffWriter Now entering the twilight ofhis 15year serviceas New YorkState AttorneyGeneral, Robert Abrams visited U.B. Law School on Thursday, Dec. 2, to briefly discusshispropos- als for electionlaw reform. Having entered politics in 1965 at the age 0f27, Abrams was proud of his accomplishmentswhileapublic servant and sent a ■" messageofinspiration "ChallengingU.B. law students to considei RobertAbrams committing their time and skill to the public interestafter graduation. Having run in over 20 elections in 28 years, Abrams spoke authoritatively on the issue of election law reform. He said that his perspective as an elected officialhas revealed "a very angry and alienated electorate." Mentioningthefactthatsl %ofNew York City residents voted in the last Presidential elec- don'tmatter.. .and no one willrepresent their interests.. .Big money runs the process and voters feel they have no strength.'' According to Abrams, election spending is "currently out ofcontrol and willonly continue torise.'' Referring to hisfirstbidfor theNewYorkState Assembly in 1965,Abrams saidhe spent only $2,000 onhis campaignand he had time to meet his constituents and understand their concerns. However, in his mostrecentcampaignforU.S.Senator, Abrams spent $6.5 milliondollarsand most ofhistime was spent on the telephone trying to raise money from over 25,000 contributors. He added that over 1 H billion dollars was spent on federal campaigns in 1991-1992 elections. Abrams said "[You] spend most ofthe time during a campaign doing fundraising and as soonas youwin, you spendalot oftimeraising money forthenextelection.... It is a battle for the biggest war chest.'' Abrams provided hisaudience withthree proposals to empower votersandremedy problems within the election process. His first proposal is to limit campaign spending by establishing "realistic" limits on individual campaigncontributions and creating sensible Abrams, continuedon page 9 ... HIGHLIGHTS Academic CalendarUndergoes Changes Parliamentarian Election Results Editorials and Opinion Mailbox Roaming Photographer. Docket .3 3 4-5 8 II �PIEPER WANTS YOU To SWITCH Your Bar Review! Don't lose money because of a foolish mistake! You can make a change without losing any money! Pieper will credit up to $300 put down on another review course. All you have to do is send in proof of payment with your application. IT'S THAT SIMPLE! SO DON'T WAIT!!! CALL NOW!!! PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD.. 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa �Calendar Due For Major Changes by PeterZummo, StaffWriter Haveyoueverwondered "Whydoesthe Law Schoolstart one week earlierthan the rest ofUBboth in theFall and afterWinter Break?'' The answer is straightforward. According to Karen Waltz, directorofAdmissionsand Registration, the Law School is subject to ABA requirements thatmandate 140class days. In order to fit therequisitenumberofdays into the overallschemeof the University calendar, itis necessary to have classes begin before therest ofUB. This is also complicated by the fact that the law schoolrequires two weeks forexaminations, while the standard UB schedule allows for aone week examination period. The Law School needs two weeks because ofthe restrictionsplacedonthenumberofexaminations any students canberequired to take in any one consecutive period. As to whycertain holidays are observed andothersare not, thatisaprimarifyaUniversity-wide policy decision. The Law School tries, forreasons thatare obvious (heat, food service,busses, etc.),to follow the University calendar. The University Calendar itselfis due for some significant changes in the next several years. A University Calendar Committee, chairedby Dr. Myron A.Thompson, hasbeen examining the calendar and has made certain recommendations tothePresidentofthe University, Dr. William Greiner. Efforts by The Opinion toobtainacopyoftheproposed recommendationshave so farbeen unsuccessful, but they are ongoing. Unofficial sources have informed this reporter that one ofthe majorchanges planned is the elimination of the link between the Easter/Passover holidays and the timing of Spring Break. Supposedly, Spring Break will be scheduled at the same time each year withoutregard for thereligious observances. Also, Columbus Day,Veterans Day,and PresidentsDay will continue to be * 'non-holidays" at ÜB, and the observance of Rosh Hashanah will be reduced to one dayrather thanthe currenttwo days. These changes, along with others, if approved by the President, will probably be enacted forthe 1995-96Academic year. This will coincide with the beginning ofthe new curriculum at UB Law. According to Law School Dean Barry Boy er, the semesterorganization of the Law School will change to sevenmodules offourweeks each,for a total of28Academicweeks peryear. The Firstyear Curriculum will bean "Introduction to Legal Education," while the majorchanges for the upper divisions will be more and different concentrations and sequences, i.e. Corporate Finance, Government, and others yet to be finalized. These new sequences willbe introduced gradually, subject to availability of Faculty, funding and the number ofstudents. There isas yet no firm dateenvisioned forthese changes, but Boy er said that hewould like to coordinate some ofthe new programs withthe adoption ofthe new calendar. However, fiscal realities may delay the introduction of the entireprogram and " it willprobably have to be introduced gradually." Speaker Gives Britain'sView On Europe's Changes byKarenBailey, Contributor "Britain in Buffalo, "read flyers publicizing last month's forum titled, "Europe after Maastricht: Economics and Security in thePost Cold War Era: A British Perspective." Judging from thelarge turnout at the Student UnionTheater for the lecture,theUß community wasmore intrigued thanalarmed thatthe "British [were] coming." Moderated by Professor VirginiaLeary, theforumwasdesigned "topresentaßritishperspectiveon the major political, economic and security policy challengesnowfacing Europe." The speakers, who addressed this issue in differentcontexts, were:AlistairHunter, British Consul General and Director General British Trade and Investment Stephen Lee Lee Wins Parliamentarian Election Stephen Lee was victorious inhis campaign forthe SBA Executive Committee position of Secretary/Parliamentarian. Stevewon the election in a close vote of 113 to 76 over 1Lcandidate Emilia Chernyavsky. Unlikethe mostrecent election, voter turnout was lowamong 1L'sand highest among 3L's. The position includes the traditionalresponsibilities ofthe Secretary, such as keeping die minutes andattending Executive Committeemeetings. However, the jobdescriptionhas been expanded as aresult ofa constitu-| tional revision approved by the studentbody earlierthis year. As aresult, Lee willalso becharged with learning parliamentary proceduresandrendering parliamentary decisions at SBA meetings. Lee brings two yearsofexperience on the SBA to his position,having beenaClassDirector and, mostrecently, Treasurer. He losthisre-electionrace for Treasurerlast semester by a narrow margin(5 votes)to current TreasurerMarc Panepinto. (USA), Dr. RayRaymond, VkeConsul, Policy Division, British Information Services and Peter Innes, Director, British Information Services. Hunter openedthe discussion by sharing theBritish perspective on the implementation of the Single Marketandprogress towards greater European economic and monetary union According to Hunter,"...the British attitude towards European Community (EC)membership is one that is usually misunderstood and misrepresented." He pointed out thatBritain, a latecomer to theEuropean Community~had to make a transition from being theheartoftheworld'sempire to becoming a middle-sized European nation. He emphasized, however, that' 'EC membership isnow viewedas apartofeveryday life that hassubstantialadvantages.'' Highlighting some of the changes since membership, he explained that economic trade barriers and border checkpoints have been removed and health and safety requirementsharmonized. Inaddition, European citizenscannow work and live anywhere in the community. "Above all, " he asserted, "the changes have giventhe community momentum to achieve the formidabletaskofcreatinganopen market withthe freemovementofgoods and people." Hunter blamed the international media for portraying the community' s developmentas divisive and reasoned that "bad news simply made betterheadlines." He said that the representation would have been more realistic if it "focused on the fact that the Single Marketis the community's biggest achievement Any disagreementwas simply a matter of [choosing] the best wayto moveforward.'' Centralto Britain's problems the with EC was its advocacy for a differen t approachtomonetaryunion than that outlined in the Maastricht Treaty. This blueprint for the mechanics ofthe union could not be ratifiedwithouttheconsensusofall the EC members. The treaty, which has been ratified since the forum, sets the end of the decade as the deadlinefor establishmentofa single monetary unit. "There is a time for every idea, but the time for full monetary unionis not now," Hunter insisted. Britain wants to avoid using acommon currency untilthe economics ofthemembershaveconverged.'' In support ofthisanalysis, hecitedthe failure ofthe exchange rate mecha- nism that was established ten years share ofthe military burden has inturiesoftensionsbetween thegroups. The former Yugoslaviawas ago to keep intra-exchange rates creased, this effort cannot replicate withinnarrow limits. theAmericancontingent toNATO," a post-World War II union of six The formationofa European he stated. formerly independent republics: Monetary Institute withan advisory Raymond explained that the Bosnia-Herzogovina, Croatia, function thatwouldlaterbecome the "U.S. isamajorpower inevery sense Macedonia, Montenegro, Serbiaand European CentralBank are the next ofthe word,"and toldhisaudience Slovenia. Theunion,whichwaskept stages outlinedby the treaty. Inlight that' 'everyAmerican has a stake in together under the Communist imofthe failure ofthis first step in the the stability of Europe in light of perative, began to loosen with the progressiontowards monetary union, the following statistics: one out of death ofTitoand the crumble ofthe Britain does notseethe possibility of every two dollars in overseas investformerSoviet Union. In response to accomplishingthe othergoalsbythe ment is in Europe; $120 billion in a Serbian campaign to establish a endofthedecade. goodsandservices ''GreaterSerbia" encompassing the In addition, the are We are interconnected exported to Eu- other republics, Croatia, and later country is also rope each year; Bosnia-Herzogovina, declaredtheir concernedabout and any divorce is nearly sixty percent independence and a civil war rethe danger of impossible." ofdirectinvestment sulted. overall excess According to Innes, the ultiin the United States regulation ofthe —RayRaymond, British comes fromEurope; mate solution to thewar lies withthe member states Services and one of every threeparties. Heexplained thatBritbytheEC'spoliain considers itimportant to play a seven U.S. manufacturersworksforan Americansub- lead role in maintaining whatpeace However, Hunter pointed out sidiary ofaEuropean firm. it canas apart ofthe UN contingent. that he was not pessimistic and ex' 'Weare interconnected and This hasinvolved providing humaniclaimed that "the EC's thirty-six any divorce is impossible," he in- tarianreliefin concert withtheUN's years ofexistence has transformed sisted. He warned that it would be missions. For example,Britain sent attitudespositively." Inconcluding, ' 'catastrophic" ifone didoccur. "fivehundredandeighty convoys for he emphasized the union's promisThe British approach to the delivery of4s,oootonsofUK aid as ing possibilities for the economic in theformer Yugoslavia, the well as providing Royal Air Force security oftheregion. final item on the forum's agenda, (RAF) sortiesand ground troops to Military security oftheregion was addressed by Innes. In response enforce theno-fly zone." is not quite as stable according to to thepopular sentimentthatEurope Specificallyregarding BosniaViceConsulßaymond. Hesaidthat hasnothandled the crisisappropriHerzogovina, whose military reEurope isnowmoreunstable forsevately, Innes noted,' 'critics ofwhat sources cannot match those ofthe Serbs, Britain does not advocate eral reasons. The violence and turthey perceiveas inactionshould conmoilheralded by theformer Soviet sider the political implications of ' 'providing the Muslims to rearm as Union's dissolution, the instability what they propose.'' it willencourage the Serbs to do the ofethnicnationalism in Easternand A formerECmonitorinZagreb same." According to Innes, thecounCentral Europeand theSouthern and andBosnia in 1991, Innes shared his try is concerned thatsuchaction will Southeastern buildup ofmajortechobservationsofthe formerrepublic. escalate the warand place UN troops at furtherrisk. Instead, the focus of nology werehis specific concerns. He explained that the ethnic tenAccording to Raymond, it is sions were so strong then, that "it British policy has been "doing a a matter ofwhen, not if, there goodjob to prevent at least some of imperative that the North Atlantic the massacres and encouraging the Treaty Organization (NATO)' 'conouldbewar." tinue to be the makeup ofinternaparties toreach theirownsolutions." Innescited the region's "histional security." The military alli- toricfault line between the Ottoman The event was jointly sponance, which was formed in 1947as a Empire [which influenced theMussored by theBritishConsul General, NY, the Council on International western deterrentto Communist at- limsand the Serbian Russian Orthotack,is now viewed by some as undoxy], and the Austria-Hungarian Studiesand Program ofSUNY-Bufnecessary because ofthebreakup of Empire [whichinfluenced the Cathofaloand the BufialoCouncilonWorld theformer SovietUnion andthe dis- lic Croats],' ' as responsible forcenAffairs. solution of the Warsaw Pact (the Eastemßloc'sresponseto NATO). However, Raymond saidthat BritainadvocatesNATO's continuance because "European security is now untenableandunpredictable.'' Hepointedoutthatßritain'sconcem that the "instability in Eastern Europe will spillover into neighboring states" isa majorreason thatittakes thisapproach. In addition, he noted that "the former Soviet Union is awashwithnuclear arms and has the largest nuclear arsenal after the United States." The Lesbian/Gay/BisexualLaw Students celebrate theNew York In order to address these isCourt ofAppeal's riding whichfound that military recruitment on sues, Britain considers it essential campus violated Gov. Cuomo 'sexecutiveorder. Thegovernor's that the United States remain in orderprohibitson-campusrecruitment byorganizationsthat Europe as a major security propodiscriminateon the basis of race, genderandsexual orientation. nent. "Although Europe's relative " Information ■ (as Victory! December 7,1993 The Opinion 3 �OPINION Volume 34, No. 7 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: LayoutEditor: PhotographyEditor ArtDirector: Mr sdfsdfsdf December 7,1993 Paul H.Roalsvig Kevin P. Collins Lisa Nasiak Sharon Nosenchuck Vacant Evanßaranoff DanHarris KathyKorbury StaffWriters: Saultan H. Baptiste, Paul Beyer, Joe Khanna, Tracy Sammarco, & Peter Zummo Contributors: Karen Bailey, SteveBalet, Bridget Cawley.LesMachado, & Harry Sultze EDITORIAL It's Time to Look to the Future The SpecialInvestigative Committee assigned with the taskofassessing the extent ofthe SBA President's wrongdoing has issued its Report. It is now time to determine what, if any, action shouldbe taken as a result of the Report's findings. Many questions remain unanswered despite the findings oftheCommittee. However, we realize, in the aftermath ofthe past allegations and CommitteeReports, thereis boundto be many unanswered questions. But this is not the most important issue. Throughout all these proceedings, the perceived effectiveness ofthe SBA, and its reputation as a body that can work together to achieve positive results for the student body has been damaged. Thereal question therefore is: can the SBA get back to business, and achieve real results for law students, or will the events ofthe past two monthspresent such a formidable obstacle to the normal operating procedures? Will the SBA be able to operate effectivelyin the future,by setting asidethe difficultiesofthe past? We have our doubts. Atthelastseriesof SBAmeetings, objectionable actions by thePresident were perceivedby therest ofthe SBA as retaliatory measures. At theNovember 29th meeting,President Baptiste's indictment ofthe Treasurer's performance was seen by many SBA members as a "smoke screen" to cover for the findings ofthe Special Investigative Committee's Report. The next day, President Baptiste's and Secretary Lee's decision to fire thenew Administratiye Assistant, hired by Treasurer Panepinto andVP Beyer, simply fueled this fire, as this was perceived as another example of apolitically motivated act thathad no basis in what was in the best interests ofthe student body. The point is this: President Bapti ste may or may not havehad perfectly valid reasons for taking the actions he did. But the atmosphere at SBA meetings has turned now from cooperation to hostility. It wouldbe a shame iffrom now on, all actions undertaken are denounced by the one side ofthe controversy or theother as simply politically motivated actions. Retaining the SBA leadership as is will lead to a semester of discordand ineffectiveness. The students ofthis law school havebeen presented with all the various viewpoints concerning the controversy. It is now time to let the students decide ifthey want to keep or change the leadership ofthe SBA. Our Condolences We wish to express our heartfelt condolences and sympathies to the friends and family of 2L Michelle Obleman, who died recently while fighting a lung disorder. She will be missed. This is the last issue ofthe semester. The next issue comes out Jan. 25; thesubmission deadline for that issue is Jan. 21. Copyright 1993. The Opinion.SBA. Any reproduction ofmaterials herein is strictly prohibited withoutthe expressconsent oftheEditors. The Opinionis published everytwo weeks during theFall andSpringsemesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. The Opinion is a non-profit organization, thirdclass postage enteredat Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by the SBA fromStudentLaw Fees. The Opinionwelcomeslettersto theeditorbut reserves theright to editfor length and libelouscontent. Letters longerthan threetyped doublespaced pages willbe editedfor length. Please do not put anything youwish printed under our office door. Submissionscan besent viaCampus or UnitedStates Mailto The Opinion. SUNYAB AmherstCampus, 724 JohnLord O'BrianHall.Buftalo.NewYork 14260 (716)645-2147 orplacedinlawschoolmailbox76l. Deadlines for the semester are theFriday before publication. The ideas expressedin the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion December 7,1993 Opinion Mailbox The State OfAffairs Ofthe SBA the very least, badjudgment, andat the most, improperconiuct." At our most recen meeting, the SBA members presentvotedinfavorofsanctioning the President's fidu:iary powers. Whatever the appropriate action, this matter must be considered am settled as soon as possible so that we can get on with our business. The rest will be up v the student body to take any actions they may deemnecessary. To the Editor: Unfortunately, there is little on which the SBA Executive Board has agreed lately. However, thereis one thing on which we all must agree: the credibility ofthe SBA hasbeen seriously called intoquestionandwemustwork together,regardless ofthe difficulties, torestore our ability to serve students. The misuse of school phones and student fee funds by thePresident, as wellas his subsequent pattern of autocratic and retaliatory behavior,have led to a great dealof distrust. Of course, trust can only be re-established over time. For this reason, I have suggested that the Executive Board be required to meet weekly to ensure regular and opencommunication among Board members. The SBAalso needs to prove thatitcan police itselfby acting on the results of the Investigative Committee Report, which con- I wouldlike to conclude vy applauding theeffortsofthe SBA Investigative Committhe SBA is grateful toCommittee ChairmanBenDwyer JamesLynch andDavid Nemerofffor taking the lead in ensuring that thereport washandled as professionally and objectively as possible. I hope thattheir efforts serve as a model for future cooperation on the SBA. tee. In particular, - PaulBeyer cludedthatthePresident's conduct was "... at SBA VicePresident Petitions ForAccountability dents, at the beginning ofnext semester, the opportunity to collectively speakon this matter and to decide whether or not to allow Baptiste to continue to represent them and maintain fiduciary responsibilities. While many students haveakeady signed thesepetitions, many others who do not question the facts that Baptiste abused student funds have decidednot to sign the petition for theStudentßarAssociation(SßA)inMay,he variousreasons. Somefeel that signing such a transferred $2428.63 from the SBA budgetline petition is "too harsh a punishment," and to pay forhisphone expenses. HepaidtheSßA would adversely affect the future career of Baptiste. Itis true that no one involved in the the money he owed on July 7. Two months ago, after learning about petitionmovement wants to indict Baptisteas this very unrepresentative, undemocraticand anindividual butBaptisteas arepresentative self-interested abuse of students' fees, the ofthe students has to be held accountability. SBA theelected studentgovernment primaWhilethis sentiment ofnot holding Baptiste rily charged, in my opinion, with ensuring accountableas arepresentativemay beviewed integrity inabudgetprocesswhich sustains the as sympathy fora fellow student, onecan also many cultural, educational, socialand politi- see the type of classist, "above the law" cal organizations in our school formed a mentality that protects many elected representatives whoabuse their office. Thisattitude special committee. The all-student commitalso represented by givesriseto the very differentperceptions tee, eachyear in thelaw school, was asked toinvestigate thisandotherbehavamong "professionals" of white collarand iorwhichconcerned students feltwas a pattern othercriminal activity. Somehow, the stark ofdictatorialconduct jeopardizing the effec- reality ofanabuseofsrudent fundsand flouting tiveactivity ofstudent governmentandthereby ofaccountability withareal, negative impact student organizations.Lastweek, the commitoncollective studentactivity is mysteriously teereleased its report Regarding the abuse of transformed into "bad judgement." Indeed, weviewitasnothing very serious,as activity over $ 1795 in students' fees, thereport concluded that Baptiste's conduct was "at the whichweas' 'professionals,'' and those who very least, bad judgement, and at die most, oneday may very wellbecome electedrepresentatives in die larger community, are "enimproperconduct In addition to the report, concerned stutitled" to engage in from time to time. dents handed out recall petitions to give stu...Accountability,continuednextpage Lastweek, studentsreceived highly critical information regarding oneofthe students elected to represent them in student government, Saultan Baptiste. The information revealed that last year Baptiste, as an elected officerofPhi AlphaDelta (a student organization), used that organization's phone over a period of six months for his personal phone calls. After assuming his elected position on - - - �, ...Accountability, continued nextpage causehe needed one--a lotofwork in theoffice hadto get done, and hecouldn'tdoitall alone. crying. Later that night, around dinner time, Saultan declinedto participate in the process. when I got home, she was stillreally upset. She Marc interviewed two people, Robin and an- was cry ingand say ing how humiliating itwas acollectivevoice. To those who viewpolitics other. The other withdrew her application. to have herdignity trampled likethat, likeshe as a self-interested pursuit, not signing a peti- Marc and VPPaul Beyer signed-offonRobin's was a tool. A pawn. tion and not holding electedrepresentatives hiring onTuesday, November23. Saultan and Secretary StephenLee had accountable for their activity will only perRobin's qualifications for the job are signed-ofTonßobin'sdischarge. Stevesoon petuate the perversion ofpolitics, not only at beyond dispute. ShehasaßAandaboutthree regretted it. He was decent enough to call school but ultimately in the greater commuyearsofexperience doingoffke supportwork. Robin thatsame night to apologize. Hesaidhe nity. Her availability meets the jobrequirements. signed-off on firing her because Saultan had Yes, signing such a petition is not a She's also really nice. misrepresented the situation to him. He said pleasant experience. Itis much easier toratioRobin started working in the SBA office a few times he wasreally sorry Robin got hurt. nalize anabuse by electedrepresentatives as onMonday,November29. Sheworkedthatday Saultan took a lot ofheat that day for "poor judgement" and leave it at that, or from 8:00 a.m. to noon. Her first day was firingRobin. Many studentswho heardabout cynically dismissany attempt to makerepreitconfronted him. asking him why he did it He pleasantand productive. sentativesaccountable to the people as a vain at next Robin and I arrived school the responded that he had good reasons that he effort. Havingarecall vote,however, will give morning, Tuesday, at 8:00. I had an 8:00 would reveal at the SBA Board meeting that studentsthe opportunity to express what they Evidenceclass. Robinwas goingtoworkfrom night feel is acceptable behavior by elected repreIwenttothemeeting. Heleftafterabout 8:00 to noon again. Saultanarrived at theoffice sentatives. WhenllefttheSßAofficeto ten minutes. He said he hada personal emerabout8:00,too. Respectfully Yours, goto class,Saultanshut thedoorand toldRobin gency. Hedidn'telaborate. Whenaskedwhy JoeAntonecchia she wasterminated. Heasked herto return her hefiredRobin, herefused toanswer, saying the officekey. He said something like the way she meeting was supposed to beabouthis misapwas hiredwasn'tright, sothis washow he was propriation ofthe school's phone line and the making itright. He said itdidn't involveher. SBA'smoney. SBA2LRepresentativeChristin After Evidence I was talking to a few Horsley said at the meeting thatSaultan had classmates inthe hall outsideroom 109when toldher hisreasons for firingRobin, andthey Angry OverWife'sFiring Robin walked up. I wondered why she was weren'tanygood. auditors, on the advice of Sub Board I's Editor: The ending is sort ofhappy. SteveLee To the wearinghercoatandcarryingherbag. Shewas I'maUß2L. I feel obligated to inform Deloitte & Touche. Last year's SBA Board scheduled to work 'til noon. So I asked her, signed-o ffoh reinstating Robin, along with the student body aboutan incident involving allocated money to hirean AA this year. In facetiously, "What? Did you get fired?" She Marc and Paul. That means Saultan can'tget the SBA Executive Committee and my wife, order to comport with SBA procedure, two said, "Yeah," widi a look on her face like, a second signature to fire hera second time. membersoftheExecutive Committee(PresiRobinBuonomo-Leve. Hence, thisletter. ' 'Can you believe it?'' She was visibly hurt. The SBA Administrative Assistant(AA) dent,VP,Treasurer, Secretary) had to sign-off Her eyes were welled up. She left campus DavidLeve,2L (he filled on hiring. wascreatedand then lastyearby position Treasurer Marc Panepinto informed PresidentßillTrezevantand TreasurerStephen A Letter From the SBA President President Saultan that he was interBaptiste The is to assist the Treasurer AA'sjob Lee. Dear Fellow Law Students: withhis/her paperwork. The jobwas created viewing prospectives forthe AA positionbeWhen I was elected to serveas SBA President, little didI know that I wouldbethe target ofpolitical attacks and it would serve as a vehicle to undermine my individual integrity. I sawmyappointmentas anopportunity to help my fellow students and Iproposed innovative ideas suchas a Course Evaluation Guide and a First Year Facebook to create a greater sense on community. I advocated for students on issues suchas the change in the grading system and the creation ofadditionalspacefor studentorganizations. As Iwillbe grcduatmgintheSprmg,lhavenor«rsonalagendatouseSßAasapoliticaltool. Itismerely an experience in leadership and anopportunity to continueserving myfellow students,as I have in many ways throughoutmy legal education. The allegations filed against me on October 25,1993 have been reviewed by a committee ofsix students on the SBA Board ofDirectors. Although lam appreciative of iheirtimeand effort, I feel there remains several discrepancies regarding the manner in which the investigation was conducted and the conclusions that were made. I am also disappointed witiithe manner in which selected documentation was distributedwhen equally relevant events and documentation were not handled in a similar manner. Even though I retain my concerns, I encourage you to review the report ofthe committee. You will find, as I stated in previous correspondence, that many ofthe allegations were, in fact, unsubstantiated and reflect no wrongdoing onmy part. I do, however, feel that uponreflection the matter ofphone use mayhave been badjudgement as themattercould havebeenhandled differently. Myactions couldhavebeenmoreclearly defined soas to beviewed in alightconsistent withmy genuine intentandundisputed actions to be responsible formyfinancial obligations. I apologize to you,myfellow classmates, for any harm which may have occurred due to my actions. I maintain my commitment to make apply my talents and abilities to make our experience atU.8.1 aw anenjoyableandmemorableoue ItLsniyhopethatSßAwillretum to addressing it true purpose **" to promote and protect therights and interests ofthe law studentsof theUniversity atBuffalo School ofLaw." Sincerely, Saultan H. Baptiste SBA President P.S. Good luck on final exams!!! This is the message we send to the greater community and to the elected representative involved if we do not speak out collectively and saythisactivity pernicious to the public goodis unacceptable. Onethinks of the attitudes of elected public officials involved in the House banking scandal the perception thattheposition and titleofelected officials somehow allows them to flout the trust delegated to them by those who elected them, that they could use the peoples' resources in the manner they saw fit, indeed, in ways contrary to the public will. Anotherresponseby students who choose not to signthese petitions for accountability reflects a deep cynicism concerning politics. While the political culture overthe last fourteen years has given rise to this negative connotation of politics as a self-interested, unprincipled pursuit, politics, in the original and best sense oftheterm, politics is thatwhich is' 'ofthe citizens,'' and inthe public interest. Even on a schoollevel, the political process is responsible for sustaining student organizations and actualizing student ideas,allowing students to collectively express and act on whatis important to them, and giving students - /sj&\ I — An Open Letter to Marc Panepinto and Paul Beyer I - (~X ward a. passing score on\ X a/ ) I*.k A j the Bar Exam;a job at a big I i law firm with a starting r\l» f# / W® \ salary Of % 80,000; r wan* to \ VsA ■j m*v<e pa*fcnerMn si* norths,) VV"* 7 t'* [and X wa*t Weekends oPf. 7 s . ' - ' ' The events ofdiepast several weekshavebeen very divisiveandchallenging for all involved. Unfortunately, theseactivities have only served to weakenandtarnish theimage ofUB. Law as a respected institution. In addition, although SBA hasmade gainsduring this semester, I feel there is no question that our energies could have been better directed towardsgreaterachievements in SBA or at leastspending more time studying and preparing forexams. In this openletter, I wish to express my sincerestwish to mend both ourprofessfcmal and personal relationships. All I ask is your willingness to do the same. As elected representatives, I feel itis our obligation to bringan endto thisconfusion and onceagain worktogether towards unifying the SBA. As fellow law studentsand future attorneys, I behevewe owe each otherat least a chance to repair any personal grievancesthatmay exist. I know the road to healing will berocky, but I am willing to make the first step on that road. Ihopeyouarewillingtojoinme. Sincerely, Saultan Correction: In the Nov. 2 issue ofthe Opinion, we incorrectlyreported thatSaultan Baptiste made a motion that would have denied students theirright to befully informed. Baptiste, being chairperson,made no suchmotion. Apology: The Opinion wasunable to print everyletter itreceived for this issue. Theremainder ofthe letters will beprinted, hopefully, in the nextissue. Sorry for this inconvenience. December 7,1993 The Opinion 5 �SBA Committee Submits Findings, ruaryandMarchl993. scope of his authority and thus unconstituInMid-March, then SBA President Bill tional. TheCommitteefound thatthe policyof Trezevant confronted Baptisteaboutthe calls. freezing funds was never implemented and Baptiste admitted that the calls were his and therefore no illegal or unconstitutional acts informed Trezevant thatheintended to pay the were carried out. Furthermore,the Committee bills. Baptiste calculated that his personal found that the groups were afforded ample to a total of$1,795.23. to n May 4,1993, three days after offinoticeand opportunity avoid the sanctions. jcoming President of SBA, Baptiste The Committee didconclude, however, that theBoard should be consulted and should transferred $2428.63 from SBA totalapproapproveany actsofthis nature. Theyfound that priation budget to the SBA budgetline desigthePresidentdidnotseek approval and despite nated fortelephoneexpensesOnMay24, 1993, the fact that no harm completed occurred (since aperwork "Istrongly standby theprocess the Panepinto ignored transferring this theorderto freeze the Committee used to investigate....I amount to the guarantee thattheentire Committee Law funds) the potential School for sertelephone forharmwaspresent was 100percent objective...." vice between The Committee Committee Chair Ben Dwyer found the President's October 1992 attempt to impleand March m mentthe policy was a violation ofthe ConstiAundraNewell, Assistant Deanfor StuThefourthcharge addressed bytheCodentAffairs, told the Committee thatshewas mmittee was that Baptiste failed to inform the notified ofthe phone situation in aconfidential SBA board members about the existence of memo written by Trezevant in late April or surplus fundswhich existed.The Committee early May. She met withBaptiste, whoadmitfound that the funds, which were collected had made thecallsand thatthecalls for with SBA money. He told n the prudentadministrationsof paid during fiscally the two priorPresidents, were always on the that he intended to pay for the calls books andany individual who wished to view with money which heearned during the sumthe SBA financialrecords could see them. mer. OnJuly 7,1993, Baptiste mailedacheck Additionally, the Committeefound that to Sub Board I for $ 1,797 with a letter stating theexistence oftheunallocatedreserve (money that the payment was a reimbursement for which has not been designated for any set personal calls and that die amount was to be purpose), wasknown to Baptiste, Panepinto applied towards the SBA telephone line. and vice-President Paul Beyer. Despite this Committeerejected Baptiste's conn thathereasonably believed thatthere knowledge, the Committee found that group leaders who came to SBA atitsannual budget policy which allowed him to make meeting forrequests for funding weremade to personal callsand to reimburse themata later think thatmoney wasextremelytightSaultan's date. They pointedto evidencewhich showed rationale, according to the CommitteeReport, that there was no reasonable way in which was tiiathewantedtostopapossible" run on Baptiste could have held sucha belief. Addidie budget and thathis intention was always tionally, the Committee found that most stuto inform the studentbody. dentorganizationsdo not have long-distance members the Executive All three capabilities on theirphonesand generally use of Board agree that Baptiste intended to reveal the SBA phonewhichcontains awarning stiputhe existence ofthe money at the Oct. 4 meetlating "NOPERSONALCALLS". ing, but was unable to because of time conTheCommittee concluded therewas straints. At thefollowing meeting on Oct. 11, no specifically delineated Administration or the entire evening was spent on the selection SBA policy that would have allowed Saultan of studentrepresentatives to the various stutorun up apersonal long distance phone billon dent-faculty committees. At the next SBA a school phone and reimburse for those calls meeting on Oct. 25, Panepinto issued his later, andany beliefby Saultan to the contrary allegations. wouldhave been then—andis now—unreasonTheCommittee's finding wasthat what- able." ever blame should be allocated, it shouldbe The Committee found thatthereare no guidelines either in the SBA rules or in the shared between all threemembers ofthe Executive Board who wereallaware ofthe existSUNY guidelines which prohibit the temporary use ofstudentfunds forpersonal expendience ofthe unallocatedreserve. The Committee also found Panepinto's allegation that The Committeefound, however, that Baptiste intended to keep the reserve "hidBaptiste "violated the duty to refrain from den '' was unfounded, considering Baptiste's engaging inconduct thathaseven the appearexpressed intent to Panepinto that he was ance ofbeing improper.'' planning to reveal thereserve. Following the presentation of the mmittee' sfinding, /yer opened the 'Thefact is what Ipresented was in addressed by line floor to questions. in my role as Treasurer and I felt After debate among was the most these were improper, unconstitutional, theSBA board memserious and the irresponsible actions on thepart ofthe bers regarding speone which elic- President And it wasn 'tto impeach his questions,Bapte began his comwas to character, it used establish what Counted t; — — fn. Etie . PThe : t ures. ' Kic pattern ofconduct" Ithought —SBA TreasurerMarc Panepinto Kttee The! mittee. facts, according ——^— to the Committee, were that Baptiste made personal long-distance phone calls from the Phi Alpha Delta Office during the time he served as President ofthat organization. Because the office was at one time a faculty office, the bills were forwarded to the SBA Office from die Law School Administrative Office, instead of being directly sent to die SBA Office. On March 16,1993,dieAdministration sent an invoice for $1222.30 for calls from October 1992 dirough January 1993. OnApril 16,1993, the Administration sentan invoicefor $1206.33 fortelephonecallsmadeduringFeb6 ments concerning the was a from the Com- The Opinion Report. •uringhislO—^—^—— minute response, Baptiste statedthat whathesaid in the Oct. 2 5 meeting is exactly, to a certain degree, what, thereport shows; thatthere were misrepresentations and lies contained in the Treasurer's Report. Baptiste said, "Allegations contained in the report (the Treasurer's Report) were false. The intentions ofthe Vice-Presidentand Treasurer were not to informthe board to the true facts because in fact there were falsities Me".'' I stand here as a person thathas been accused ofcertain allegations. A Committee hasgoneback andreviewed these allegations. December 7,1993 continuedfrom page 1 If you want to say, well, it says here that you may have donesomething wrong that's your prerogative. is just as important is the fact that there are allegations here thatare false andthe intention oftheseallegations was not to inform. They were here to impeach the credibility ofthe President, impeachme personally becauseof personal intentand political motivation.'' Baptiste Alleges Money Mismanagement Baptiste continued thathebelieved that theofficeofthe Treasurer had beenderelict in his duties.As evidence, hedistributeda package which hesaid contained proofoftheproblems existing in the SBA Treasury. ''I havehad to go through and evaluate exactly whatthe situation is with our organi- fn whichis whyI haveprepared thereport ;ht," Baptiste said. ''This nota situation wherelamtry ing to getback at Marc [Panepinto]. This is not a situation where I am try ing toretaliate. These mischaractenzed thelastfive weeksthat these were charges also against him [Baptiste]. I think what's been lost is thatI sawallofthese things in thelightofapattern ofconduct and I mayhave done a poorjob in my presentation. "Even though theCommitteehas stated didn'thave any particular problems they that with those issues, I just felt they were examples thatgo to greater improprietieswhich werethephone lines and thefreezing offunds. "The fact is what I presentedwas inline my role as Treasurerand I felt these were in improper, unconstitutional, irresponsible actionsonthe partofthe President. Anditwasn't to impeach his character, it wasused to establish whatI thought wasa pattern ofconduct." The Second Meeting At the meeting that evening (Nov. 30), Baptisteannouncedhewouldbeunableto stay due to a family situation. After answering questions from Board membersand students for approximately 20 minutes, he departed. Following his departure, the SBA board are serious problems.'' discussed the findings oftheCommittee and "This money is dwindling away because ithas not been managed, and it stillhas any possible sanctions.Becauseoftheabsence not been managed and it is still out ofcontrol ofanumberofmembers, quorum (15 members) which is why I have submitted thereport tiiat was unavailableand thus any possible vote on Ihave. TheTreasurerof thisbody isrequired by sanctions couldn't be held. Despite this, the the constitution ofthe SBA to givea monUily Board members present decided to continue reportofthestatusoftheorganization. Hehas withthe discussion. Fourpossiblesanctionswerediscussed: faded to do that." At the end of Baptiste's response, the a vote to do nothing, a vote to issuea verbal meeting was adjournedwithout the boardhav- reprimand, a vote to strip Baptiste ofhis fiduing theopportunity to discussthereport further ciary dutiesmaking him unable to sign encumand any possible sanctions which might be brances, andavoteof"no confidence" which have the equivalence of a suggestion leviedagainst Baptiste. Atthebehestofßeyer, he step downas president. itwasannounced thatthere wouldbea meeting Afterconsidering the issue for approxithe nextday, Tuesday, Nov. 30. Speaking on the morning ofNov. 30, mately one hour, it was decided that a straw vote would be taken. The four possible sancPanepintocommented ontheallegations leveled against him by Baptiste: tions werepresented and each ofthe 12 memis a staged attempt to deflect allowed to voteoneach. Each nber was from to votemore thanonce. pointing finger permitted himby ism away the None ofthe 12members votedto say/do at me for inaccuracies that I performed inmy job," Panepinto said. "I will stand on my hing, six voted to issue a verbalreprimand, record. I went through the record last night htvoted to issueavoteof "noconfidence (Nov. 29)and the things thathe points out in and 10voted to strip Baptiste ofhisfiduciary there [Saultan's re- __^______^_ duties. Because there port] are no more wasnoquorum,thevote is clearly a defamation ofmy thanadministrative "This carries no weight,butit character.... Three ofthe normalcies that didrepresent theviews take place in the allegations that were there were ofthe SBAboard. courseofdoingbusi- clearly wrong and no one is saying Contrary to the ness each week. beliefheldby many stuthat thepeople whoraised the "Everyorgathe SBA board dents, allegations did anything wrong." nization has the has no authority to imSBA President Saultan Baptiste peach Baptiste. That sameproblems. We don'tsubmitperfect can only be accomforms, or perfect encumbrances or REPs. We plished by the studentbody according to SBA wouldlike to. The fact is thatlamnotaperfect Vice-President PaulBeyer. individual and ifl make aten cent orone dollar •"We cannot impeach him,"Beyer said. miscalculation with a calculator, itgoes over ' 'The studentbody through areferendum and to Sub Board and they check it over there and petitionprocedurecanbeginarecall process to theysend it back to me if there'saproblem. It's impeach him as president. Once again, that the normaladministrative back and forth' that must come from the student body and their takes place between ouraccounting firm and interpretation ofthe facts.'' SBA which he [Baptiste] is pointing out in Article VIII, Section 2 ofthe SBA Conthere. Those things thathe has pointed out in stitution saysa petition containing the signathere havehappened in every single SBAad- tures of50 percentofregular members ofthe ministrationand every single organization on student body who voted in the last regular this campus. election is necessary to hold an election to "Thekinds of things he points out in decide whether to recall an official. Thepresithere happen in all organizations and are not dent of the SBA, upon determining the irregular. They occur in the normal transacpetition(s) to be in goodorder, shall conduct an tionsofbusiness [and] are not representative of election whether to recall the official. If the apatternofconduct I wouldhave no problem recall ofthe President ofthe SBA is initiated, with anybody investigating the charges thatlie dierecall duties of diat office shall be per(Baptiste) made." formed byan independent, regularmemberof Panepinto also commented on diefindtheSBA designatedby theBoard o fDirectors. ings ofthe Committee saying, "I think the Ifthe president isrecalled, die SBA constituCommittee Report basically found that the tion stipulates thatthe vice-president would things diatlpresentedon Oct. 25 wereaccurate ascend to the presidency. Beyer said, however, -that Saultan's conduct was improper in the thatwouldn'tnecessarily occur. spending of phone lines, that his action of "In die event diatI become president requesting that funds befrozen was unconstidueto Saultan's impeachment orresignation, tutional. Those were die crux ofthe charges or I will consult die entire SBA board on the the facts. possibility of holding a special election for ''[The Committee] upheld those things. president,'' Beyer said.' 'Theboard must disThe other actions, the facebook, the class cuss its constitutionality and feasibility." evaluation forms and the non-disclosure of Baptiste said, however, thathe hadseriunallocated reserve. I think it's been ousmisgivingsaboutanypossiblerecall vote. rid i presentwas k"This - ——————— —— �"Who is going to handle this process?" within the university whichis tax-exemptand Baptistesaid. "Whoisgoingtobeinchargeof because theSBA is not incorporated. Hecited counting the ballots? Who is the objective this as an inaccuracy contained in the report. personand how isthis goingto be handled? You SubBoard I confirmed this point. Baptiste said he had many problems don'tneedsomeone forthatprocess whohasn't mind, but need with the Committee. Among them, was the you [do] made up his or her to Who is inclusion whois be credible. of two individuals who had prior somebody going going to make sure thateverything isfollowed? knowledge oftheallegations before theOct 2 5 Who is going to makesure that those signatures meeting. Hebelievesthat these two people had possible biases and yet were stillallowed to sit are verified? yen no con I g way have fidence the i in onthe Committee. " which this whole thing has been handled that " You try to getpeople who are going to a name that's signed here, it's actually going be credible, people whohaven' t already set a to bea true signature. I don't foresee, nor am I bias in theirminds,"Baptiste said. "You want aware, of how this is going to be handled people thatare willing to look at theevidence there. If you have people who knew ahead of fairly." Baptiste declared that he would not time, facts that were presented by one side, resign his position based on the actions ofthe people makedecisions.'' Dwyer,speakingonDec. 3,defendedhis Board saying,' 'the studentbody elected me. If the students disagree withme being president, handling ofthe situation. He said,'' I strongly ifthestudents vote and feel thatlshould notbe stand by the process the Commttee used to president, then I will step down.'' investigate. While Saultan's raising these concerns is understandable, I guarantee that More Controversy the entire Committee was 100% objective. I Also discussed at the Nov. 30 meeting strongly feel this way.'' wasBaptiste's firing ofan administrative asBaptiste also cited the fact thathe was sistant diatmorning whowashiredforthe SBA unable to confront the allegations made by Office byPanepinto and Beyerto begin work past-SBAPresidentßillTrezevantcontained thepreviousday(Nov.29). in anaddendum to thereport. Prior to the meeting at 6pm, Beyer pro'' Why weren'tthose statements considvided background on dieAdministrative Asered along with the other facts?" Baptiste sistant position. According to him,lastyear's asked.'' Why didn' 11have the opportunity to board of directors created the position. The address those facts the way I addressed other person works in the SBA Office, primarily things?" doing administrative duties, and generallyproBaptiste saidhis understanding was that vides some stability. thechairwouldn'tallowanyoneto be considBeyersaid thatthe personwho washired eredby the Committee unless they were willlast year left on maternity leave and was ing to submitthemselves to beingrecorded and scheduled toreturn in early November. When coming before the committee. He said that she didn'treturn, Panepinto informed Beyer Trezevantneverappeared before the commitand Baptiste thathe was going to hire sometee, was not evaluated by the Committee and body. didnotsubmithimself to being taped. Baptiste According to Beyer, two people were wondered whyhis statement was included. interviewed and the position was given to Ms. Dwyer said that the chargesraised by Robin Buonomo-Leve whenthe othercandiTrezevant were not new, but instead his facts datewithdrewher name from the candidacy. about Baptiste were. Hesaid thatBaptiste had Beyer said thathe signedthe necessarypaperthe opportunity toaddressall the chargeswhen work along withPanepinto. he met with the Committee. Dwyer said that "This is an Executive Board-created Baptiste's and Trezevant's responses were position,''Beyersaid.' 'It's aposition thatwas different as to the same charges, but that discussed for about an hour in a meeting last Baptiste definitely had a chance to address them. Dwyer said thatthe decision to include year,and just because Saultan' s a new president doesn't mean that he can abrogate past Trezevant's interpretation ofthe events was actions by the board. his decision. "Theexecutive board can vote on any ' 'That wasan executive decisiononmy policy issue. At that time,the executiveboard part," Dwyer said. "Therewasno requirment consisted ofMarc, meand Saultan, sohe was that all the conversations be taped. When I outvoted2-l ontheexecutive committee.Once expressed thatthey would be, thatwasjustthe again, thePresident is trying to controlanSBA method I thought we would use.'' matter and sinceitwasnot handled by him,he Baptiste alsoexpressed concern thatthe has takenpersonal offense.'' final report didn't represent the views ofthe According to Panepinto and Beyer, the entire Committee. He felt that since every Administrative Assistant was fired by Bapmemberwasn'tpresentatall interviews, there tiste on No 30. Baptiste, along with newlywas thepossibility thatsome members weren't elected secretary Stephen Lee, signed the aware ofcertain information despite the fact necessary paperwork. Whenconfronted with that all interviews were taped. the charges at the meeting, Baptiste declined "Even thoughyou dohavearecord,and toanswer them, saying thatthe matterwasone people canreview thetapes, I wonder ifpeople which would be discussed atthenextregularly really did," Baptiste said.'' Everyone should scheduled meeting and one which should be have been aware ofall the information. discussed inprivate due to legal concerns. "I know during the times that I met, Panepinto charged that the lack of an there wasno timethat every singlememberof v. administrativeassistant caused the problems whichBaptiste outlined in Baptiste's package saying,''Nothaving an administrative assistant hasled to someofthese discrepancies and some ofthis administrative problems. If we had this person hired, none ofthese problems would exist." Speaking to this reporter on the afternoon ofDec. 2 for one hour,Baptiste discussed the charges, the Committee's findingsand the future of dieSBA. "I'mnotattacking individualpeopleon the committee. There were members on the Committee diat spent a lotoftime interviewing people, trying to get information, and so forth. I thought the Committee did thebest job that they could do. Ifyou ask me ifdiey did a great job, though, I have to say no. As I men- tioned inMonday'smeeting, therearealotof inaccuracies in the report.'' Baptiste mentioned the fact that the SBA wasnotasol (c)(3)organization because ofits status asa student organization contained SpecialInvestigative Committee's Recommendations AlthoughtheCommitteewasnotchargedwithrecommendingspeciflcpunishmentsif wrongdoing was to befound, theCommittee wrotea setofreform-typerecommendations, dealingwith severalareasofSßApolicy making thattheCommitteefoundproblematic. These recommendations maybe consideredby theBoard at any time andare asfollows: Problem: Need to ensure accountability overstudent usage ofphones.... Recommendation: TheSBA should determine whetheranyother SBA-sponsored student organizations are presentlyusing' * faculty lines. If so,those telephone linesshouldbe switched to''student lines. Billingwdl thusgo directlythrough the SBAproviding the SBA with greater accountability over student organizations'calls. Problem: Need toincrease accountability overSBA budget over summer.... Recommendation: The SBA should form a Summer Finance Gommittee of six Class Directors, whose approval isrequired forany summer expenditures over a fixed amount, say$50.T0 thisendthe Committeeproposes the following amendment to the SBA Constitution: The following shouldbe added to Art.rVJl oftheConstitution: "C. TheBoard shall, prior to adjournment for summer recess, appoint three 1L ClassDirectors and three 2L Class Directors to serve as theSummerFinance Committee. All expenditures exceeding $50 madeafterthefinalBoard ofDirectors meetingofthat academicyearand before the first Board ofDirectorsmeeting ofthe followingacademicyear shall require thewritten approval ofatleastfive ofthemembersofthe Summer Finance Committee." Problem:Need to increase accountability over Executive Boardpolicy making inthe summer months.... Recommendation: To thisend, the Committeerecommendsthatthe Board ofDirectors consider taking steps to amend the SBAconstitution in the following way: Add thefoil owing clause to Article IV, § 2, each ofsubsections (A),(B),(C) and(D):"... At thefirst meeting ofthenewßoard ofDirectors, delivera full and detailed report ofall policy actions taken orconsidered since thelastBoard ofDirectors meeting.'' . Problem:Lackofclarity about theprecise state ofthe budget atany given time. Recommendation: The Committee recommends thata "Stateofthe Budget" presentation be institutionalizedandregularized. To this end, theCommitteeurges theßoard of Directors to consider taking stepsto amendtheSBA constitution inthe followingway: Add the following clause to Article IV, §(D):" () Present a State ofthe Budget report, in collaboration with a representative ofSub Board I, atthe firstmeetingpossible ofthe Board ofDirectors each semester; present aState ofthe Budget report at thefirst meeting oftheBoard ofDirectors in November and March; suchreports shouldestimate, as close aspossible, the amounts offunds currently unallocated, incoming in theformof expected revenue and outgoing in theform of outstanding encumbrances.'' Problem: Lackofstructuredpolicyofraisingandinvestigatingallegationsofmisconduct by members ofthe Executive BoardandBoardofDirectors. Recommendation: The Board ofDirectors shouldensure that 1)rumors ofwrongdoing are discussed as soonas possible and 2) in order to ensurethatfalserumors are not made public prematurely, theßoard initially considerall suchrumors in executive session. Problem: The manner the allegations were broughtforward(the question of constitutionality)... Recommendation: TheBoard of Directors shouldconsider amending theconstitution or by-laws to provide for a more orderlycomplaint process. determination. He maintained thatthere was noeffortonhispartto hideanything and there was no improper behavior. Baptiste saidthatboth theformerPresidentofthe SBA (Trezevant) and Dean Newell knew about the telephone calls and therefore there was no appearance of attempting to escapefrom paying the bills.He contends that his intent was always to pay the bills and his behavior inthis regard, along withthefactthat others wereaware ofthebdls existence, show that he did not engage in the appearance of improperconduct is continuing. I mean we're talking about an aggressive assault on my character. And it's notbeingdone by oneperson.lt'sclearly being doneby a group of people. I thinkwho those people are is obvious from observing from what's going on and howit'sbeenhandled.'' Baptistereflected on the past six weeks saying," theoneapology I have is that students and innocent people are being involved in what's going on. I am in an office which has politics, butmyreasons for being in this office and my reasons for working thereare for the interests ofthe students and for representing theirinterestsand trying to provide servicesfor Baptiste Responds To Allegations the Committee was there, and I wonder if Baptiste insisted that there were other everybody ontheCommittee actually reviewed political motivations at work. the tapes and knew all die facts before this "I think in general, there are a lot of determination came down. The front of the dynamics whichare involved,'' Baptiste said. paper says that there are six people on this "Personalitieswhich are being involved.To committee. Buthow involvedwas each one of raise these allegations is consistent with the apparent motives. I don'tknow all of thenthese six people?" them. "Andlthinkthere'sarecorcLeveninthe short time I've been there,thatI've done that. Dealing with these types of things are not consistent. It only hurts the studentbody, the imageoftheBoard and oftheschooland it's not unifying." Baptiste said thathe believed thatcould motives. I can onlylook and see whatthey' re work with the current Executive Board in the Dwyerresponded saying, "everymemnext semester. He said, however, thatitmight ber standsby the report. While every member doing. "This is clearly a defamation ofmy not be possible ifcertain changes don't occur. wasn'tnecessarily at every meeting, no Com"Ifthey're interested inreally helping mittee member disagreed with the final ver- character, as I said in the meeting on Monday. Three ofthe allegations that were there were students in this school, and assisting them in sion ofthe report. ''I can say that every Committee mem- clearly wrong and no one is saying diat die providing vital services for students or for die beragrees orconcurs witii thefindings ofdie people who raised theallegations did anytiiing community,they would stop what they 're doing. If they have those interests in mind, they wrong. Report and stands by die findings ofthe Report,' ' Dwyer continued.' Tfany Committee ' 'But thedamage liasalready been done. will stop that and we will be able to work memberwanted to, they could listen to it on It's beencirculated throughout not oidy in the together. But if their interests are self-intertape and find out what they missed instead of Law School, or die University, orthe Buffalo ests, they won't stop, tiiey'll continue and it will only get worse.'' relying on those whoattended the interview. I, legal commiuiity, oreven theBuffalo commuDwyer said that individuals whowish a DaveNemeroffandDavid Lynch were atevery nity atlarge, butfurther. I have people calling from states of other who know about diis tiling, copy dieCommittee's Report can leave him interview." amessage in Box 67. With respect to the findings ofthecomsaying 'Saultan, what'sgoingon?"' the "In this particular situation, damage mittee, Baptiste said he disagreed with their December 7,1993 The Opinion 7 �The Roaming Photographer byDanHarris, j, Photo Editor ThisWeek's Question: "WhatWouldYou Do If You Couldn't Practice Law?" Students 'Response: Chuck Greenberg, 3L "RunforPresidentof..." Joe Khanna, Helen Punders, 3L "Ideally, I'd open a vegetarian restaurant Realistically.rdbecomeasocialworker." 2L BobSisson, 3L "Dowhatlalwayswantedtodo.... (The list is too long.)" "Iprobably wouldteachcollege since I'll havemy PhDin Communications. But my first love is Law. John Henry Schlegel Faculty'sResponse: Judy Scales-Trent Stephanie Phillips Wade Newhouse "I'd become independendy wealthy and lie in the sun andread books all day." "I'd become more of an international business personso I could stillutilizemylegal skills. IfI were younger, I'd go to medical school." Tmtoooldamantoaskthat. I'mjustan old fart in a rockin' chair in a corner." "I would become afinancial officer in a major international construction firm." WhatWouldou Do If You Stopped Practicing Law? byDanHarris,.Photo Editor A month ago some friends and I were discussing what we would do if we stopped practicing law. Due to the current recession, toetopic israttierfrightening, as many ofusare concerned with what we will do if we can't practice law. Most people whenasked try to giveahumorousresponse, butl think it'samore serioustopic. Iremember myreasons forgoingto law school. Since I was ateenager I hadconsidered die legalprofession onandoff.At firstI wanted to be a police officer; but I wasn't physically fit (myhometown ofNewHaven, Connecticut, islikeajuniorversionofNew YorkCity). Ihad also takena crack at psychology; but college hadproven it wasn't forme. I did two college internships in journalism,where I learned that writing foraschool newspaper is very different from writing for adaily newspaper. I applied fora few jobs involving counseling, but was politely toldthat I lacked the experience and/ orthe temperament So I found myselfwith a BachelorofArtsandno place logo. Finallymy college career placement officer suggested I go to law school. Law school seemed like the perfect idea. I enjoyed research and writing. I like talking with people. Law cases are fascinat8 ing. On TV the good guys usually win. Most importandy, I was toldthat there wasno such thing as an unemployed lawyer. It seemed perfect. time. Theharshnessofthe profession doesn't justextend to coldness withtheclients. It's the time. I'vebeen tolddiat most serious attorneys are married to the profession first, their families second. One highly successful attorney told me that his marriageended due to the time he put into the practice. Despite that, hecan't cut down. Iknow another attorney whochain smokes and drinksall the time. Hisskin is gray, insomethingwhere shecan talk topeople. On the whole, she wants to have alife outside of the law. Despite all the negative about the law, most ofthe people asked are happy about the Here I am threeyears later, wondering profession. Totakethebroaderpicturethere's probablyas muchjob dissatisfaction withmost howperfect itrealry is. Thehours are long. The workload is overwhelming. Nomatter how other careers. Psychologistsareknowntobum out afteryearsofhearing aboutpeople's mismuchyouprepare,you'reneverpreparedenough. eries. I don'tknow a careerpharmacist who It'sall too political and manipulative. It'sless and he has a terrible cough. He explains that wouldrecommendthe profession to theirworst aboutrightvs. wrong, andmoreaboutprocedureand argument. Worst ofall, there's the he needs to drinkand smoke to relieve the stress enemy. One of my friends completed his bleak jobmarket. A fewyears ago the rumor ofthejob. Whenlaskedhimwhathe'ddoifhe Master's Degree in Education last summer. was that once you had a law degree you were couldn't practice law anymore, he said he'd Hehad been workingasateacher in an elemenset. Now therumor is thatthere are members commit suicide. Despite such love ofthelaw, tary school for about ayear. A few weeks ago oftheclass of 1992who stillhaven't found a he doesn't seem likeahappy person. Is becomhe quit. Thestress ofthejobwas somuch that at job. ing the bestattorney in the city worth sacrificthe young age oftwenty-five he was getting Even after wefinally grabthe brassring ing yourhealthand your family? Ifso.l'llsettle for secondbest. and find that first job, the profession doesn't chest pains. off are at seem so pleasant In fact, itcomes as very There several students UB Law On the whole there are stresses everycold. Atone interviewfora summerinternship whoareso disenchanted withthe law thatthey office, it. I wasasked what I don't intend to practice One intends to where. It's all a matter offinding where the in a prosecutor's would like to change about the system. I become an archivist. Kathy Korbuly, The pleasures outnumberthe stresses. Onthis note, OPINION'SArtDirector,is thoroughly disen- an apocryphal story istold abouta student who explained that I' d like to takefive extra minutes to explain to each complainant what is chanted withthelaw. She dislikes theendless graduated from Harvard undergrad. Hiscareer happening with her/his caseand why. The hours ofresearch and cross-referencing, writ- goal was to coach sports. Hisparents made him interviewer then complained about all the ingmemos, and practicing motions. She hates go to law school. After one semester he extra time that would take. To me, it's not theadversarial nature and pecking orderwithin dropped outso hecould pursuehis dream.That extra time, explaining to the client orvictim thelaw firm. She doesn'tlike diesolitudeofit man wasMary Levy, Head Coach oftheBufwhat is happening and why, it is necessary all, ortheking hours. She'drather beinvolved falo Bills. In light of their recent record, perhaps he shouldhave stayed in law school. Tin Qpinton December 7,1993 �Russia's Economy Is Struggling, Professor Says \ byM. BridgetCawley.iContributor Society, along withtheInternational Busi- dienceofabout4opeople,Professor Livshits describedhowthe transition in die economy isaffecting the social situation, industrial production and investment in Russia. ProfessorLivshits described thecurrentsocial situation as' 'very complicated becauseoftherateofinflationas wellas the reduction ofpersonal savings. Hethenched die consumer spending structure as a major concern, especially whencompared with American indicators. Professor Livshits used expenditures on food as an example, with Americans spending only 14%oftheir incomewhile Russiansspend47% oftheir incomeonfbod. "We are afraid we will obtain a society with only the richest and only the poorest" —Professor AlexanderLivshits myriad foreign systems. many jobs experiencing machinery, ing ply subsequentbenefitstoindustrieswhichsupproblemofpaymentsthatßussians ing, lackofbankniptcy gap growing facing great Russia, parts being sufferedduring pointing FrofessorUvshitspomtedoutthatthis payments, Overall, dirough According banking especially dependence right challenges although discussing addition, higher truly economy. obligation reform, major example, growth system. despite important technology. regulations.which presented time, refrigerators potential carry people rapid foreign having problems ground shortcomings, ing by otdy taking companies adetailedpicmessage equipmentas forsharp meeting very products. barely capital poverty money problems Livshits, industry compliby during facing by by of Russia Communisthard-liners. clear cult make the Professor ture well to failure form tion. are this Livshits well substantial dissatisfaction described has Russia's vived Russia cated difficult that the economic a a bank. transition machines as ofßussia's task. would market another as lack isn't as that efforts concern In ofthe In Russia had' Professor of assistance its for for said For of the number Livshits Yeltsin how affected. bean distribution 'crossed such suchmachines. conimitment now Americans recent and investment at that to is reliance for economic chfferentsectors and I*rofessor this the reflected the several obvious Livshitsalso as stem that this in of is the to of he Professor unrest. on revolt the social series serious therubicon" One as Russia increased maintained is Professor has from on industrial of transition in differences to for evidenced Professor that The One He old income Livshits to in Russia sector transformation concern of understand A a because the ofhousehold about statistics. said outthisdiffiis Livshits discussed sectorwhich lectures sensed of in and Professor forsocial there which that hasbeen distribuin need Livshits that are viewed his second in washterms ofthe leads was that it facsaid surand our is the redie die of die in as to is in is a Professor Livshitsalso discussed the great concern forthe increased poverty in Russia, although he maintained that the growingnumber ofpeople taking second jobs isn'ttruly reflected by statistics. In addition, Professor Livshits said that another major social concern during the transition is thepotential forsharp and substantial distribution ofincome distribution ProfessorLivshitspointedoutfhatthis gapwould beanobvious ground forsocial dissatisfaction and unrest. In discussing theindustrialproblems facing Russia at thistime,ProfessorLivshits describedhow differentsectors ofindustry are being affected. One sector which is experiencing growth is that ofhousehold machinery, such as refrigerators and washing machines I*rofessor Livshits viewed this as especially importantbecause ofthe subsequent benefits toindustries whichsupplyparts forsuchmachines. Asectorwhich has sufferedduring the transitionhasbeen Russia's higher technology. Professor Livshits said that this has only barely survivedthroughreliance on old equipmentas wellas dependenceon foreignproducts. According to Professor Livshits, many ofthe investment problems facing Russiarightnowstemfromavery complicated banking system. He said that it is difficult for Americans to understand the pro blemofpayments thatRussians are facing, pointing to several differences in our systems. For example, in Russia there is a lackofbankruptcyregulations, which leads to a lack of obligation for companies to make payments, despitehaving money in the bank. Overall, the series of lectures by Professor Livshits presented adetailedpicture ofßussia'seconomic shortcomings,as well as its conunitment to meeting the myriadchallengesofrapid transformation to a market economy. One sensed that Russiahad "crossed therubicon" in terms of economic reform, as evidenced by the failure of therecent revolt in the capital by Communisthard-liners. Themessage was clear that Yeltsin is serious about his reform efforts and thatRussia is in need of foreign assistancemcanymgoutthisdifficult task. ...Friend, continuedfrompage 1 plant, itshotdownher confidence, but notfor long. She talked about the transplant as though she were going to have a hangnail removed. This problem, like all her previous illnesses, would only keep her out oflaw schoolfor a semester,at most Michelle was determined to graduatein 1995,withthe rest ofherclass. She was socertain thatthis wasjusta temporary set-back, thatweand herfamily were also convinced that she would beat this. Herpositive attitude had beenthe decisive factor in the pastwheneverherdoctors believed she wouldn't make it Her positive attitude was reflected in her determination to continue school. Her schoolworkwasvery importantto her—itgave her something to concentrate onbesides her declininghealth. Though shetookan extension for her exams, she ended up taking all ofthem. While she was in the hospital, she wouldmake sure allofher textbooks were withinreach. Some people at UB told Michelle that she wastoo sick to be in school. Theydidnot » ..Abrams, continuedfrom page 1 matching fund threshold levels. Currendy, individual contributions are limited to as muchass37,oooperelectionandslso,ooo peryear. Abrams feelsthatby having strongercontrols,' 'there will bea level playing field... and thismay encouragemore people to be involvedand wdling to run.'' His secondproposal is to implement more modern voterregistration proceedings. Currendy, inorderto voteinNew York State, a citizen mustregister withtheBoard ofElections no less than 25 daysbeforean election. Abrams suggests having "ElectionDay Registration" for voters. Abrams statedthatmany voters don'treally become actively involved in an election untila few days before the election, as more information isdistributed to them. Referring to three states which currendy have Election Day registration (Maine, Minnesota and Wisconsin), Abrams citedthatthose states have between 69-72% voterparticipation intheir elections. HewasconfidentthatNew York voters would benefitfrom such a system. Abrams' third proposal is for New York State to remove technical election rules which limit candidate access to die ballot. Henotedthatso%oftheelectionlaw litigation in the United States is filed in New YorkState and that candidates spend a lot oftime in court fighting challenges to their petitions. By having less technical procedures, Abrams claimed the election process would be' 'more inviting, and talented and qualified citizens may be more willingto consider public service.'' Abrams concluded his brieflecture byreaffirming his hope that as future lawyers, U.B. Law students will carry the torchto "bring about a time and era ofreform." Whileaddressing questionsfromhis audience, Abrams commentedthatthepublic outcry for term limitations on elected officialsis a' 'misguided idea.. .which isa reaction to the frustration of the general pub lie.'' He feels that thereare currendy term limits in place because citizens have a right to review their choice every three years. Abrams feels that term limits also constrict the pub herightto reelect someone whom they may feel is doing a good job in representing their interests. Referring to New YorkCity's recentvote to limitelected officials to two terms of office, Abrams stated that voters just wanted to get even withpoliticiansand felt a message needed to be sent. He sees the answer to their frustration in creating morea levelplay ing field which can be developed through the implementation ofhisproposals. Upon his departure from public office, Abrams will be a partner in the New York City law firm of Strook, Strook & Lavan. When asked if he would consider returrungtopubhcoffice,Abramssaid family obligations would probable deterhim; however, he said he washappy that he was able to serve for somany years. understand whatbeing in law schoolmeant to her. Despite the oddsofgoing through intense chemotherapy,radiation, and abone marrow transplant, she graduatedfrom Hamilton College. Thettinsteadofstayingathomemoping about how unfairlife wastoher.shewentto law school. As iftwo semesters was not enough to handle, she took two summer classes andreceived an "H" in both ofthem. She worked very hard to be where she wasand weare all proud ofher. Instead ofstarting an argument with those who told her to quit school, she would just smile and say she really loves school. Schoolwassomethingshe hadcontrol over, sinceshe hadno control overherhealth. Michelle is an inspiration to us. We think wehave somany problemsand ourlife is sohard. YetMichellewassufferingphysically and mentally, and still got out of bed every morning to start another day. She greeted everyone she met witha smile and acted as if shehad no problems. Michelle'sfirstthoughts wereofeveryone else but herself. A classic example ofthis ishow the threeofusbecame friends. Weowe our friendship to her. Before shebecame very sick, she wouldmakesure we gottogether once aweekfordinner. Thenwewouldplaygames forhours wluleeating whatever we had taken turns cooking. Every timewe would wash the dishes and clean the house, she would tell us to sit downand notfuss overher. She always worriedthat she was imposing onusand was hesitant to askus to help her. No matter how many times we would tell her that we were always thereforherandloved to help her,she would stillmake uspromise herthat we would tell her when we had enough and she was imposing on us. She wasalways therefor us and helped us in any way shecould. Anything wecould do to helpher was the least wecould do. How does one describe a person who Michelle Obleman was a wonderful person who taught us many things-courage, determination,and, mostofall, howto love and carefor others. Shewillhveforeverinourthoughtsand in our hearts. Goodbye to Michelle for now, until we meet again. I fanyone wouldlike tohelp herfamily, donationscan be sent directly to Michelle's mother: CherylObleman, Box 368,Vernon, NY 13476. meant so much but expectedso little? CareerAlternatives bySteve Balet.i Contributor It's late in the first semester ofyour thirdyearoflawschoolandyoudon'thavea lob nailed downyet. The worry and depression have already set in and youranger at the University is growing. The jobmarket for attorneys appears to be ever-shrinking, and many ofyou are disappointed at the recent offerings, orlack thereof, fromCDO. Maybe it's time to look atnon-legal job opportunities, but Job Book#6 at CDOdoesn'tgiveus much guidance. WelL thankfully, CDO has finally put together a series ofinformative packets which can help us. These thought- fullyput-togetherpamphlets exploreandanalyze both traditional and non-traditional employmentopportunities. Thesefive pamphlets are available at the CDO now, titles listed below: 1)"TheFood Industry andYou" 2) "Hey! ICanTeach...andlt'sEasy!" 3) "TurnLiving With YourParents Into A Full-Tune Job'* 4)"CanYouSayL.L.M.?" 5) "YouSay You'reUnemployed... I Say You'reaCandidate' * (' 'Running forOffice-The Clinton Guide") / sis TEXAS INSTRUMENTS Business Calculator SONY Cassette Player $19.95 .£ * *g> $19.95 J&L9L IE §§£ h | jmjfiL ■<_> Apple • Dell • IBM • Insight Panasonic Sony $£ Software * Supplies Accessories Hands-On Workshops • Open Weekdays 9:3oam to 918 • spm / Wed. W & Thurs until 7pm m EEM HBiaBI A non-profit University program for students, faculty & staff The Commons • North Campus • (716) 645-3554 • Fax: 645-3884 December 7,1993 The Opinion 9 �he Practice Of Defensible Medicine ambiguous sign offetal distressmaybe criticized, but it must day, physicians are buffeted by the changing winds ofnew be understood that from theirperspective there are practical scientific information. They are constantly trying to decide considerations that make such decisions arational choice. It when is it"safe" togiveup last month'smedicalprocedureand is a particularly fitting example since obstetricalclaims are the substitute the latest discovery. Contrary to public opinion, medicine is an imprecise successful subsequent malpractice defenses as they are de- most successful ofall claims involving surgical procedures. signed to address the clinical needs ofthepatient Rightly or The vulnerability ofobstetriciansto claims ofmedical negli- science. Furthermore, medical care, particularly in hospitals genceand the corresponding increases in the costofmalprac- andnursing homes issocomplex aprocess that patients are, on wrongly,physicians feel thattheyare practicing in anenvironmentin whicha bad outcome is de facto evidenceofmedical tice insurance have resulted in a significant decrease in the occasion, treatednegligently. Physicians andotherhealth care pro viderseither deviate from standardpractice orundertake to negligence unless proven otherwise. It givesphysicians reason number ofphysicians willing to practice in that specialty. Defensible medicine is a two-fold problem for most administer proper treatment, but do so incorrectly or inadto carefully and systematically construct a malpractice dephysicians. Considering every patientapotential litigantand equately. Fortunately, humans are incrediblyresilient organfense whilecaring for every patient Unfortunately, the most defensible clinical protocol attempting tocover everyeventuality inthecourseofdiagnosis isms andresist lasting damage. Many less well-informed or doesnotnecessarilyrepresentthebestmedicalcare. Quite the and treatment is only oneconcern. Physicians stillmust cope more tolerant patients accept poor outcomes as simply the withthe indecision in medicinecreated by the rapidadvances inevitable consequences oftheircondition. contrary is often true. Notonlyis excessive testing and interAsaconsequence, itisgenerally agreed thateven in vention expensive, but italso increases the number of false in science and technology. Physiciansknow full wellthatthe positive diagnosesand exposes the patient to increased risks first element ofa malpractice claim is' 'duty to a patient as our allegedly litigious society, onlya small percentage ofthe defined by the standard of care. But, what is "standard actual acts ofmedical negligence everresult in legal claims. ofuntoward sideeffects. Physicians whoresort to a caesarean section at thefirst practice" whenmedicalopinion is so often divided? Day by ...Medicine, continued onpage 11 By Dr. HarryA. Sultz, Contributor In the current climate ofmedical care, physicians approach every patientas a potential litigant. Physicians adopt clinical protocolsdesignedas much for their ability to bolster Activist Says Others Can Learn From Rwandan Movement byPaulßeyer,', Contributor Thehumanrightsmovement in Rwandawasonce again the topic ofa presentation sponsoredby the GraduateGroup on Humanßights lastweek. An earlier lecture featuredan academic member ofthe highly successful International Commission on Human Rights Abuse in Rwanda (See TheOpinion,November22,l993).Thisevent featuredMottique Mujawamaliya, a human rights activist, and focussed on the historical events and grass-roots organizing that paved thewayforthelntemationalCommission and significant human rightsreforms. Ms. Mujawamaliya began hertalk by explaining thatcurrent conditions in her country are direcdy tied to the earlier aristocraticform ofgovernment, dominated by the minority Tutsi tribe, whichexisted inRwanda for much of its history. Under this system, the King had totalitarian control overthepeopleandtheirproperty. Mujawamaliya statedthat, * "This historical background, this highly centralized authoritarian regime, contributed to Rwandans' acceptanceoftyranny." Under Belgiancolonialrule, the control by the Tutsi became particularly oppressive, leading to arevoltofthemajoriryHutu primarily over die control ofland. The lastKing ofRwanda, sympathetic to the Hum's concerns, attempted to enact reforms, but his efforts were thwarted by the extremist Tutsi. Therevoltcuhninatedinthe violent overthrow ofthecolonial government, withmany Tutsifleemgtoreftigeecampsmsxirrounding countries. At independence, a multiparty democracy was established. However,overasix-year period,a single party eliminated all ofthe opposition and the current President,Juvenal Habsyramani, quickly assumed dictatorial control over the country. He then began the systematic corruption ofthe government andinstitutionahzed massacres oftheminority Tutsi. This oppression led to the organization oftheRwandaPatrioticFront(RPF),arebelgmup aimed at fighting the Habsyramani regime. ThePresidentcounteredby imprisoning, torturingandkilling thousandsofTutsi. Inmanycases, government agents arrested 10 The Opinion couples, leaving theirchildren unattended and without sustenance. Ms. Mujawamaliya explainedthat thehumanrightsmovement began in response to these arrests. Many citizens tooktherisk ofassisting those who were being defamed,thusleading to theformation ofvariousinformal organizations, thelargestandmostsuccessfulofwhich beingorganizedby Ms. Mujawamaliya herself. She soon initiated the establishment of a private, international commission to make the world aware ofthe widespreadhumanrightsabuses in Rwanda,particularly thefrequent massacres ofTutsi. The Commission received limited funding from various sources throughout the worldand producedareportdocumentingthe massacres on a budget of only $60,000. Oncefhereportwasmade public, numerous actions were taken by foreign governments in protest against the Habsyramani regime. This international pressureforced Habsyramani to signa The Federalists Debate Labor on NAFTA TheSßAsponsoredaNAFTA debate between theLabor and Empk)ymentLawAssociation(LAELA) and the Federalist Society on Wednesday, November 17th,to coincide withthe vote in Congress on this issue. The event isthe first in a proposed seriesaimed atrestoring a past practice at UB of holding student debates. Thedebate wasmoderatedby DeanThomas Headrick, whoposed questionsrelating to threemajorissueareas: internationaltrade,labor, and the environment. LAELAwas stronglyopposed to die treaty. Marc PanepintoandKevin Collins, members of LAELA, argued that labor Kevin Collins emphatically arguing againstratification ofNAFTA. rights wereclearly absent in the en- Mr. Hueston stated thatpassage of allows law students to dowhatthey tire treaty and that manufacturing the treaty wouldincrease ouroverall dobest,whichistoargue," saidPaul jobswould belost to Mexico where negotiating position in international Beyer, SBA VicePresidentand orgafairwagesand labor standards were tradeand avoid a turn toward isola- nizer ofthe debate. ''I even heard virtuallynon-existent. Joeßelluck, tionism on the part of the United rumors that numerous undecided PresidentofLaw Studentsfor CorpoStates. Mark Urbanski, Presidentof membersofCongresswere hedging rate Accountability, characterized theFederalists, arguedthatfreetrade their votes on the outcome of this thetreaty as another toolforCorpowould serve to increase Mexico's debate." rate America. He said that the treaty ability to addressenvironmentalprobThe debate series is expected shouldreflect theconcernsofpeople lems. In addition, he pointed to the to continue into next semester. Fuand not simply corporate profits. support bynearly everymajor enviture proposed topics will include Michael Hueston and Mark ronmental organization forNAFTA health carereform and whetherornot Urbanski argued in support ofthe to bolster his case. campus security should beallowed treaty. Focussing ontradeand labor, "The student debate series to carry guns. peacetteatywitotoeßPF,granting its leaders government positions. Elections have also been scheduledfornextyearand, most importantly,the massacres havestopped. Ms. Mujawamaliya ended herpresentationwiththe inspiring message thattheRwandanhuman rights movement began on thelocal, grass roots level and was an entirely"home-spun" effort. She is hopeful that the model of her movement can beapplied to other countries suffering similarly oppressive conditions, particularly Burundi The Graduate Group onHumanRights will continue its series ofpresentations on international human rights next semester. Future topics will include therightto health care, indigenousrightsand the environment, and therights of children, among others. The groupisalso asking law schoolorganizationstobeginplanning theirinvolvement in Human Rights Week, scheduled for the Spring semester. ' 'TheGraduate Grouphopes that every student organization at theLaw School will participate in HumanßightsWeek," saidSharon Nosenchuck, Graduate Assistant for the group, ' 'Weare looking forward to making this a comprehensive, school-wideevent'' December 7,1993 c% . 11l �GSEU Marches for Health Care and a Contract Union Petitions UB President GreinerTo Speak Out , byKevin P. Collins, ManagingEditor 5 P.M. Withmore than50 chanting members, a huge puppet, and signed petitions, the GSEU leafletted,rallied and marched, andtook to the radio airwaves in order to ask UB President WUliam Greinerto speak out in support ofthe right for Graduateand Teachers Assistants to have adequate health care and a contract. Greineropened hisradio show by giving a five minute speech on the GSEUrally earlier thatday. He complemented the GSEU onthenpoignant demonstrationand agreed that a contractbetween SUNY and the GSEU should be reached as soon as possible. In fielding the members' questions President Greiner acknowledged thatemployees ofother universitiesdo havehealth care coverageand thisis an WhoIs Pulling The Strings? issue in the competitive ability ofUB to draw thebestGAsandTAstothe University. Greiner also commented that the Office of Personnel would be in chargeofenforcingthecontract on behalfofSUNYandUß,onceacontractagreement isreached. And, in speaking to Ms. Anna Geronimo, GSEU Executive Board member TheGraduate StudentEmployees Union (GSEU), Local 1188ofthe Communications Workers ofAmerica, is the union which repre- sents 4,000 Graduateand Teachers Assistants (GAs and TAs) in State University ofNew York(SUNY) system, ofwhich about 1,200 teach at the University at Buffalo. The union is currently involved in its first contract negotiations with SUNY after having won a certification election last Dec. 1992 byanoverwhelmingsix-to-onemandate. TheGSEU stagedarally andmarchonWednesday, Dec. 1 .which drewalargenumberofUß studentsas well as the television and newspapermedia. Thepurposeofthedemonstration wasto sendamessage to UB PresidentGreiner and the SUNY negotiators in Albany that adequate health care and a contract is a right oftheGAsandTAs. The GSEUbelieves that SUNY is denying their members die same health care benefits thatall otherSUNY union employees receive and is stalling on contract negotiations. Beginning atnoon in the StudentUnion Building, theunionmembers handed out leaflets explaining the issue of health care and contract the negotiations. It was stated in die leaflet that ifSUNV does notfinalize contract negotiations with the GSEU by Dec. 31 st of this year, then graduateand teachingassistants willnot receive health insurance as a benefit ofemploymentnextfall. This is because itwill take New York Stateat leastnine months to set up a health care package with an insurance companyforthe4,oooGAsandTAsinSUNY. The GSEUasked thatconcerned students must pressure President Greinerto have the SUNY negotiators in Albanyrealize this. The union stated thatGAsandTAs at Berkeley, Madison, and the University ofMichigan have health insurance as a benefit ofemployment while GAsand TAsatUB do not. Furthermore, the unionadded thatthereal wagesoftheGAsand TAs at UB have declined 49% since 1969 Graduate students protest in the StudentActivity Centerfor health benefits. despitethe fact that GAs and TAs teach 40% refused to address or speak out on thehealth of the classes at ÜB. This, taken together, care or contractissue. He statedthatbecause p laces UB ata competitive disadvantage with contractnegotiations were underway, hebeother universities throughout the country in lieved thatthelaw didnotallow him to discuss attracting the best possiblestudents to beGAs these subjects. President Greiner told the and TAs. union members to instruct theirnegotiators to The GAsand TAsalso stagedademonhandle theirconcerns. Many GAs and TAs stration wherebyahuge puppetrepresenting a askedPresidentGreiner to speak to the SUNY TA andG A interacted with someone dressed negotiators in Albany and tellthem thathealth up as anadministrator in order to Ulustrate the careandacontractwasarightofGAsandTAs. union members lack of adequate health care Greiner responded that any discussions he coverageandacontract During theleafletting wouldhave withthe SUNY negotiators would andpuppet demonstration, the membersalso bein privateand not fordiscussion in apublic had people sign a petition in support oftheir forum. Theunionmembersstillpressedonand right of adequate health care coverage and a requested that Greinerspeak out. TheGSEU contract. This petition was then later prestated that presidents of other SUNYs have sented to UBPresident Greiner. done so. The GSEU wanted UB President The union members then rallied and Greiner torequest those incharge and negotimarched from theStudent UnionBuilding over ating inAlbany onbehalf ofSUNY to beaware toPresidentGeiner'sofficeonthesthFloorof ofthe concerns and needs of GAs and TAs. CapenHall. A contingentofundercoverPublic Greineragain refused to address this stating Safety officers dressed in trenchcoats and that the negotiations were out ofhis hands. equippedwithwalkie-talkies that had watched President Greinerthenleft the meeting. The theTAsandGAsintheStudentUnionbuilding uriionmembersthen sangtheversesof"Soliwere left behind and the union memberswere darityForever," the oldlabor union songand anthem, as theirmembers stood united and greetedby numerousarmed Public Safety officersoutsideGreiner's office.Undeterred by joined in their request for health care and a this apparentiyunnecessary show offorce, the contract. memberschanted thatthey wantedacontract withhealthcareandthattheir wageswere low "Hello,President Greiner, andoutrageous. MembersoftheGSEU finally I Have a Question for You" confronted President Greinerover the health care issue andthe stalling on contractnegotiaLater that same afternoon, members of tions. TheGSEUVice-President,ToddHobler, theGSEU tookto theairwaves, calling inand handed the signedpetitions to PresidentGreiner questioning President Greiner about health and asked him tohonor the petitions' request. care and a contract on his weekly call-in show In very brief comments, President Greiner on theradiostation, WBFO,BB.7F.M.,from 4- and UB contract negotiation representative, President Greiner admitted that reaching a contract is spoken at almost everymeeting of die deansand thatthe Administration ofUB is looking forward tobeingable to implement the contract. Ms. Geronimo believes that PresidentGreiner was amiable in his discussions withtheGSElJ members and hopesthat he does go ahead and ask the SUNY negotiators in Albany to reach a contract settlement soon. What is the GSEU? The Graduate Student EmployeesUnion (GSEU) represents 4,000Graduateand Teaching Assistants inNew York State employed by SUNY. GAs and TAs teach about 40% of undergraduate classes in SUNY, and yet, unlike all other state employees, have no health benefits or grievanceprocedures. The GSEU wasthelargestunit ofunionized workers to be certified in 1992, afterit wona lopsided six to oneelectionlastDec. 1992. SUNYhad delayed the election for over ten years- a decade- with litigation and legal tactics. Yet, despite waiting over ten years just to win theright to have an election in the first place (this is democracy?), the GSEU nevertheless received a mandate in its victory. The GSEU has been bargaining with New York Stateforimprovedconditions since March, but so far, the State'snegotiators from the Governor'sOffice ofEmployee Relations (GOER)andSUNYhavemadefewoffersonthe key issues ofhealth insurance, grievance pro- cedures orwages. The GSEU hopesthatafter this rally, SUNYreceived theirmessage loud and clear. The Docket Anti-RapeTask Force To Host Forum ing issues concerning women of color and raising awareness aboutall women's oppression. Also, it wUI address issues centering On ViolenceAgainst Women around domesticviolenceand datingv iolence The Anti-RapeTask Force (ARTF) is a inboth heterosexual andlesbianrelationships. student-run organizationwhich concentrates Thefirstmeeting forthis eventis schedon increasing awareness and education about uled forDecember 10,1993intheMichaelHall the growing problems ofrape and sexual asConference Room (2nd floor) on the South sault. Theaimistopreventthesecrimesfrom Campus at 2:00 p.m. The ARTF office is occurring by raising rape consciousness located in Suite 302 The Student Union, the throughoutthecampuscommunity. Theyoffer numberis 645-3322. awareness workshops, vanand escort services, New Director Named At and special programs and events. Planned Parenthood On March 8,1994, ARTF will be preTheBoard ofDirectors at Planned Parsenting theFourthAnnualForum onViolence enthood of Buffalo and Erie County, Inc. Against Women. This day wasintentionally to ispleased announce thatBarbara (PPBEC) chosen because it is International Women's the position Ph.D., hasaccepted Nevergold, A. Day. Thisforum plans toproaden the perspecofExecutive Director with the local affiliate tiveofviolenceagainstwomenbyincorporat- , ...Medicine, continuedonpage 10 Nevertheless, the perception, ifnotthereality, oflegal vulnerability motivates physicians to practice defensible medicine. Itis a practice pattern diatadds significant cost and risk to medical care. Yet, the solutionsbeing advocated— limiting the amount of malpractice awards or making it more difficult to initiate litigation in diehopeofdiscouraging nuisance suits—are hardly equitable solutions. Fornow, defensiblemedicine appears tobe an imavoid- ableburdenon society,aswellasmedicine,but aburden necessary to protectand occasionally compensate members ofadependent and vulnerablepublic. Harry A. Sultz,DDS,MPH isProfessor ofSocial and PreventiveMedicine and Director of theHealth Services Research Program of die School of Medicine and Biomedical Sciences, SUNY/B. ofPlannedParenthood. Dr. Nevergoldwas formerly Directorof Foster Care/Adoption Services withFriendship HouseofWestemNew York, Inc. Shealso servesas an AdjunctProfessoratEmp ireState CollegeandSUNYatßuffalo. Volunteer Needed Concerned, industrious 1 Lor2Lneeded for volunteerprojectregarding therehab ilitation or prisoners. Call 874-2513 The Staffof the Opinion wishes everyone good luck on finals and Happy Holidays! _^ Colloquium on HumanRights andthe NewLegal Pluralism bySharon Nosenchuck,. .NewsEditor On Saturday,Nov.2o,theßaldy Cenfor ter Law & Social Policy presented a "ColloquiumonHuman Rights and theNew Legal Pluralism.'' The colloquium wasan opportunity for faculty and students to participate in a discussion ofthese two topics whichare not usually discussed in tandem. Sally Merry, oneofthe participants at the colloquium, described legal pluralism "as a situation in which two ormore legal systems coexist in the same social field in a 1988article on thetopic oflegal pluralism. The purpose ofthe colloquiumwasto explore ways in which current theories of legal pluralism intersect witii dierealities ofhuman rights activists in the 19905. In addition to Merry, therewere three other outsideparticipants at the colloquium. Clarence Dias,oftheInternationalCenterfor Law in Development, BronwenManby, of Human RightsWatch/Africa Watch,and RobertKidder, oftheDepartmentof Sociologyat TempleUniversity, in addition toMerry, who is at die Department of Anthropology at Wellesley College, all participated in the Colloquium. Professor Virginia Leary and ProfessorDavid Engel from theLaw School moderated the discussion. Attending the colloquium were other law professors, law students, and graduate students. The Baldy Center, located in 511 O'Brian, is the focal point for socio-legaL studies at die University. December 7,1993 The Opinion 11 �\+ 4 \fc � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/33ba09270689b589202a9e4228308381.pdf 9155de684ab06b16937d5c50e3713fcd PDF Text Text Bringing tin- issues la tlw siiulfith siiuvl'MV THEOPINION Volume 34, No. 8 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW January 25,1994 1 Mayor MasielloAnswers Collins Letter The MayorRecognizes theTough Job that He Faces In Combatting Crime in Buffalo DearFriends: Managing EditorKevin Collin 'sLetter to Mayor Masiello reprinted on page 3 Tliis space wasrecently used to sendapoignantmessage to meregarding therandom, senseless violence takingplace on from the despairofthe A frican-American community in parBuffalo streets- amessage made personal to theauthor by the ticular and young people in general. We urge them to stay in battered face of a victimized friend. school. We insist they abide by the"rules." Wewantthemto outrage go to college. And when they graduate, we offerthem jobs at share the oftheauthor and thefrustration ofthe I victim. Ihavebeenavictimonmorethanoneoccasion. Ihave McDonald's. Untilwe jump start Buffalo's economy.. .until sat by the bedside of a shooting victim as he struggled to we restore some sanity to Buffalo's financial management.. until we create neighborhoods predicated onpride ofownercommimicate his commitment to safe streets and quality neighborhoodsthrough ajaw shatteredby a 17-year-oldgunman's ship untilwerebuild public confidence in the quality ofour bullet. Hisonly o ffense washis opposition to the drug dealing schools... untilwe forge effective partnerships with business, civic, and community groups to provide young people with thatwas destroying his neighborhood. Fromthefirst dayI announcedmy intentions to seekthe sound role modelsand hands-on mentoring... we can expect office ofmayor, public safety wasat the core ofmy campaign. the despair, the nihilism,and thehopelessness to continue. And Wecan donothing toretrieveandrevive Buffalo'ssenseofhope if they do, we can continue to expect the violence thatresults. andoptimism until we restore safetyand sanity to our streets. Ifyoung people don'trespectthemselves, they certainly won't It was no coincidence thatthe first position paper I delivered respect anyone else. Ifthey' ye givenup to the point they are duringmy campaign dealtwithmy 18-pointprogramtocombat willing to die in gang warfare, you can bet they are equally crime. ButI shouldalso point out that I was soundly criticized willing to kill. A couple ofyears ago,I conductedhearings to inventory for extending my visionbeyond the bounds of police officer staffing and tactics. I was accused of "Sixties-style liberal- the proliferation ofanti-drug programs thestatewas fundingand ism' ' for thinking that social programming, expanded youth to determinethe effectiveness ofthe various programs. The activities, cooperative programs with inner city churches, and first stage ofthe hearing was devoted to the testimony ofhigh the like were begging the questions ofmore police, youth school students. To a person, they acknowledged that drugs were bad, thatalcohol wasbad, that teen pregnancy wasruining curfews and the like. Withthefirstday oftheMasiello Administration alittle lives. But toaperson, they also spokeof(heirrestlessness, their morethana monthaway, I'm moreconfident oftheneed formy boredom, their lack ofreal alternatives to the lifestyles that comprehensive approach to crime fighting than ever. Wewill lead to despairand violence. It becameapparentto me thatour restore pride and disciplineand professionalism to the police problemsdon'texistinavacuum. Socialproblems, educational department. We will institute new tactics to put more police problems, economic problems- all have a wayofshowing up officers on the streetwhen they are needed. We will enhance later downthe road as crime problems. Ifweonly address the the special squadsthatdeal withthe bulkofviolentcrime in the symptom ofthese afflictions, we will nevercurethe problem. I shareyour outrage at theevents thathave victimized city. But that's only part ofthe answer to crime. As I write, Buffalo has more police officers per capita than any other your friend,Mr. Collins. It has happened tome. It has happened community in Western New York. And as Kevin Collins to myfriends. Itnashappenedtomydaughterandtomyproperty. pointed out, apolice station a few hundred yards away didn't I will berelentless in the pursuit of excellence in the police deter the heinous crime that victimized his friend. department. I will be vigilant in protecting the lives and Inreading Mr. Collins' open letter, I can feel theanger property of our people. I will bring the absolute best and andthe fearand the despair andthe hurt. But we can't let those brightest minds in Buffalo to bear on the problem of public emotions blind us to the fact that muchofthe violence stems safety. My often stated goal is to makeevery street in every .. Buffalo MayorAnthonyMasiello neighborhood as safe forouroldestcitizens as it is full ofhope and promise for ouryoungest. And as for putting people first, Mr. Collins, they *ye neverbeenranked anywhere else. Withkindestholiday regards, /s/Anthony M. Masiello Mayor ofthe City ofßuffalo Editor's Note: Mayor Masiello's letteris in reply to the open letterto theMayor written byKevin P. Collins, Managing Editor ofThe Opinion. Masiello's letter is beingprinted now because it was received after thelast issue went to press last semester. Finals and the holiday breakfollowed. This is the first issueofthis semester. Collins'letter, firstpublished in the Nov. 16issue ofthe Opinion is reprinted onpage 3. Governor Cuomo responds to Opinion Editorial To the Editor: Thankyou foryour thoughtful[editorial] concerning regulationof firearms. I believe citizens have a legitimate right to obtain firearms for the purposes of recreation and self-protection. Reasonable regulation offirearms is parto fourcomprehensiveeffortto fightcrime. Some peoplebelieve that it is a constitutional right to possess firearms withoutrestriction. However, federal courtshave heldthatthepossessionofweapons by individuals is notan absolute right guaranteed by the Second Amendment. Theregulationoffirearmshas longbeenrecognized by the United States Supreme Court as a constitutional exercise ofastate's power to protect the health, safety and welfare ofthe community. Inyour [editorial] youexpressed support for a federal ban ofautomatic and semiautomatic assaultweapons. Since theGun Owner's Protection Act of 1986,ithas been illegal for the public to possessautomatic weapons (machine guns) which were not legally possessed prior to thelaw's effective date.I haverecommended to federal officials that a similar national ban be placed on semiautomaticassault weapons— both imported and domestically manufactured. It makes no sense that thesekilling machines arebanned from importation, but at the same timeare produced and sold domestically withoutrestriction. Youalso stated yourconcern that hand- they possess. This would be helpful for law strictingpossessionofassaiiltweapons, limiting the capacity ofammunition clips for hand enforcement Other federal actions would assist in guns, increasing penalties for gun traffickers, reducing parole eligibility forarmed felons, reducing gun-related violence. Federal firea firearm safety course forhandgun requiring arms dealer license applicants should be reand criminalizing neglilicense applicants, quired to obtain all necessary state and local gentstorage guns. of approval to deal in guns in a given location before theirlicenses areapproved. In addition, Wewillcontinueourefforts to identify convicted felons should be prohibited from pro and secute mdiv idualswho use firearms to obtaining federal firearms dealers' licenses, or injure kill our citizens. At the same timewe even iftheircivil rights havebeenrestored by maintain an appropriate balance so that will home state. have also I their urged federal who chose to own firelaw-abiding to citizens officials require thatcriminal background checks forfirearm dealersbe fingerprint-based, arms for thelegitimatepurposes ofself-protecand toraise the penalty for afederal firearms tion orrecreation may do Thankyou forwriting. dealer's intentionalfailure to maintain proper to firearm transaction records in order conceal Sincerely, illicit sales. WithinNewYork State, I haveproposed Mario M. Cuomo a comprehensive plan to deterand punish gun GovemorofNew York violence. Individual initiatives include re- - so. GovernorMario M. Cuomo gunsarenow purchasedby individualswhoare unfit to own them. Therecently enactedBrady Law should assist in this areaby requiring all states to perform criminalbackground checks ofprospectivehandgunpurchasers. New York State's stringenthandgun licenserequirements have been circumvented by individuals who have traveled to states with lesser purchase requirements, and then traffickedtheweapons to New York. I also support yourrecommendationfor anational registration system for firearms owners, whichwouldreveal which individualslegally possessguns ~ and the weapons sdfsdfsdfsd �II PIEPER DOES IT AGAIN!!! CONGRATULATIONS TOTHE CLASS OF 1993 AT BUFFALO LAW SCHOOL ON A 92% PASS RATE ON THE JULY BAR EXAM!!! GO WITH A PROVEN WINNER!!! PIEPER BAR REVIEW CALL 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa �An Open Letter to Mayor Masiello Masiello Has His Work Cut Out For Him byKevin Collins, ManagingEditor Accompanying Mayor Masiello's letterwashisreport On crime in Buffalo, The Masiello Plan- Copsr kidsf and community: building safe streets. A Comprehensive anticrimeplanfortaking back the streets ofßuffalo. In this report, Mayor Masiello stated that: "There is no more essential service that government can provide itspeople than citizen safety,and no city service will enjoy a higherpriority in the Masiello Administration.'' He realized that' 'Our city has simply failed to fulfill its mandate to provide for public safety." Masielloreported thatin thefive-period 1987-1992: Violent "Index" Crimes In Buffalo 1986-1991 On a recent Thursday evening, I was interrupted at home by a sudden, unexpected phonecall. The person on the other end of the phone asked me to come down"to the emergency room in Sisters Hospital onMain Street to pick upmy friend. Evidently.my friend hadbeen jumpedby 15-20 teenagers and was a victim ofa hate crime. My friend was coming home from law schooland had just exitedthe train station on Main and Utica, in downtown Buffalo. My friend . -reported rapes rose3o% -robberies increased by 93%... -aggravated assaults went up 73%... -juvenile arrests increased by 20% -murders increased by 123%! Violent crimehas increased 3 times faster in Buffalo than in 17comparable US citiesbetween thelast halfof 1991 and thefirst six months of 1992, May orMasiellorealizes his jobis cut out forhim, as he states that" [t]he fightto win back ourcitywon'tbe easy,but it'safightwe can win. It'sa fight wehave towin.*' Murders in Buffalo, 1986-1992 Dear Mayor Masiello: Dlustrating the tough timesand toughjob whichMayor Masiello mustface, the following three charts, which were contained inthe Mayor's report, graphically expressrecent statistics on the shocking rise in crime that Buffalo has suffered over the last six years. This has caused Mayor Masiello to state that "[t]he message is clear: it is time for achange." Youth Crime in Buffalo Juvenile Arrests, 1987-1991 had started to walk down Utica toward Delaware Avenue when this gangraced aftermy friend. My friendmade it back as far as theBurgerKing parking lot at thecorner ofMainand Utica. There, the gang beat uponmy friend, punching and kicking my friend, after having uttered aracial epitaph. I quickly arrived at the Sisters Hospital emergency room. Myfriend was ona table. I haveknown myfriend for nearly three years. My friend has worked hard in giving something back to the community while studying in law school, helping thehomelessand working withcommunity action groupsand is oneofthe mostcaring and sincere human beingsyou will ever meet. Myfriend had a bruise on theback and front ofhis head, and required stitching above theright , eye. I had to hold gauze to my friend s eyein orderto stop the bloodrunning downmyfriend's face. The doctor puta huge needle into thearea ofthe cut above the eye in order to locally anesthetize the abrasion, and blood squirted all over the place. Even onthe table,my friend wasnotupsetaboutwhat hadhappened. My friendfeltthattheganghad nothing else to do but take their aggressions out on someone and mentioned the socio-economic causes that may have precipitated this brutal attack and egregious violation of another humanbeing'srights. I voted foryouformayor. Inaleafletyoumailedtome before the election, you spoke ofyour vision for a better Buffalo. You stated "I will put more police on the streets. We can make ourstreets safeagain, and wewill.*' I should point out thatthere wasapolice station on Mainand Utica, justbuta hundred orso feet away. Yet, this did not deterthe gang. The police toldmyfriend thatthesebeatingshave been goingon a lotrecently in Buffalo. What is being done to deal with this? . SpeakerTells the Story of 'Bread and Coal' byJoeBates, Contributor "Bread and Coal" is the story of the Steel Valley Authority (SVA)andtherestorationofPittsburgh'sCity Pride Bakery as told by one of the main participants, Charles McCollester. Mr.McCollesteristhe foundingmemberandvice chair ofSVA and Associate Director of the Pennsylvania Centerforthe Study ofLaborRelations at Indiana University ofPennsylvania. Mr. McCollester's lecturewaspresentedlate last semester by the Mitchell Lecture Series, the Graduate Group onIndustrial Heritage Policy, and ThePolish Community Center. The Steel Valley Authority was founded in 1986 by a coalition of8 communitiesthat were devastated by thelossof industry in the Pittsburgh area in the late '70s and '80s. Originally resisted as socialist,the Authority workedthrough the city councilsand wasgiven broad statepowers ofcondemnationand eminentdomain,although itlacked proper funding for many ofitsprojects. Through theSVA'sefforts foreclosurelaws were changed to enableunemployed workers to keeptheirhomes,local labor unions werereorganized and were given a bigger part in the decisions that affect their jobs, and an effort was made to identify firms that were in troubleand to offer some solutions. One success isthe City Pride Bakery in Pittsburgh. In 1989the BraunBakery, asubsidiary ofßaltsonPurina, was scheduled to close aspart o fa corporate wide reorganization. City offers oftax credits and other incentives were not enough to keep the plant from closing. The workers were determined not torelocate, and so began looking into opening theirownbakerytokeeptheirjobs. WiththehelpofSVAand Dan Curt is,a consultantfrom Californiaand 36-yearveteranof the bakery business, City Pride won the support of local supermarkets. Withthe backing oflocalreligious groupsand city politicians, the bakery began to installmachinery in late 1991,and finally managed to open in September 1992. The SVA hasalso participated inredevelopmentof the steel industry,and theenvironmentalrestoration and economic developmentof smaller communities inthe western Pennsylvania area, and hopes to turn its attention to coal production. The SVA currently represents eleven communities, eight of whichare inbankruptcy. Mr. McCollester hasalso sponsored aproposed amendment to the National Energy Tax, Unking taxes with specific job creation strategies,hoping toprovide for 25% oftherevenue to go to theenergy-producing statesto provideenvironmental safeguards and employeebenefits. You won the election and you are now mayor of Buffalo. Intlienewsfollowingyourvictory,youspokeofyour firstpriorityupon taking office as being thatofsitting down withßuffalo unions inordertorestructureßuflalo'seconomy. I, as acitizen ofBuffalo and someone who voted foryou for mayor, ask that inranking y o iir priorities, thatyou put people first and make our streets safe again sothat hard working citizensofBuffalo can get offatrain and walkhome without getting theirheads beet in. My fnend'sphysical injurieswill heal inafewweeks. Buthowlong will theemotionalscars remain? My friend is lucky to be alive. Itis timeto healthe tensions and wounds ofBuffalo andmake ourstreets safe again before itgets any worse. Respectfully yours, Kevin P. Collins Managing EditorotThe Opinion Editor'sNote: This letterwasfirslprintedin the Nov. 16issue ofthe Opinion. GSEU and SUNY Agree to a Historic First Contract byKevin P. Collins, Managing Editor Aslastyearwentoutwiththeold,anew, firsttimeandhistoric agreement came inwith thenewyear. On Wednesday, December 29, 1993,theGraduateStudentEmployeesUnion (GSEU) and the State University ofNew York (SUN V) reached a tentative agreement on a first contract. The GSEU, Local 1188 ofthe Communications Workers ofWorkers,represents the 4,000 Graduate Assistants(GAs) and Teaching Assistants (TAs) that teach in the SUNY system. This is the first ever collective bargaining agreement between SUN V and its GAsand TAsand the GSEU. The GSEU won a certification election in December of 1992, with an overwhelming 85%mandatevotingin favorofunionrepresentation. Thiselection occurredafter SUNY held up the GSEU for over eleven years in court, challenging the right for the GSEUand GAs and TAs even to holda democratic election whether or not they wished to imionize. The New York State Public Employment Rela- tions Board (PERB) ruled that these students were employees ofNew York State and that they had theright to unionize. The New York State Courts upheld this decision. All oflast year was spent in collective bargaining in attempting to reach this first agreement. Now, therank-and-file membership of the GSEU get to vote on whether or not to approve this settlement. The GSEU bargaining committee is unanimouslyrecommending ratification. The contact voting is currently taking place between January 18 and February 2. The contract will take effect as soon as it is ratifiedbyGSEUmembers. Thedurationofthe agreement will be from the dateofratification throughJune3o,l99s, expiring on July 1,1995. Highlights OfContract the contract gives GAs and ratified, If TAs an across-the-board salary increaseofB%. EffectiveMarch 1,1994, thestipends ofGSEU bargaining unitmembers willberaised by 4% andonMarch 1,1995, therewillbeasecond4% raise. Theagreementalsosetanewminimum annual stipendofss,ooo for employeeson full Geronimo, the Buffalo Campus Bargaining Representative, acknowledged thatratificaassistantships at SUNY campuses. contract The tionwas important because ifmembers fail to also calls for a SUNYwide Graduate Student Employee Health In- ratify the contractthe negative effect will be surancePlan ready forthe 1994-95 academic twofold-the 1994wageraise would notoccur year. This plan makes health care financially and thehealth carecoverage would bedelayed accessible to GAs and TAsregardless oftheir foranotheryear. Mr. ToddHobler.theGSEU citizenship status, funding level or campus Vice-President, was happy that negotiations location. New York State has agreed to pay had finallyreached an end and resulted in an 90% ofthe premium cost for individuals and agreement. He expressed relief that the long 75% forfamilies,asitdoes forotherstate workers. process from justtrying to hold an election to The contract also allows for a griev- winning the election to finally getting a first ance/arbitration procedure and permits GAs contractwasover. And, Ms. CatherineNugent, and TAs up to 5 sick days. In addition, the the new Organizing Coordinator for Buffalo, GSEU and SUNYpledge to worktogether in agreed with Hobler. She realized that the the agreement, vowing to set up a jointlaborGSEUhad been successful in achieving what managementcommittee and a healthand safety manyunions who are fortunate enough to win committee. representation elections today never get- a GSEUSatisfied, Urges Ratification firstcontract.Ms.NugentspokefortheGSEU The GSEU Bargaining Committee when she said thatshe was looking forward to unanimously recommended to GAs andTAs jiistgettingthecontractratifiedandgetting down that they ratify the contract. Ms. Aiuia to servicing the GAsandTAsunder it. January 25,1994 The Opinion 3 �I OPINION bH Founded 1949 Volume 34, No. 8 January 2 5, 1994 Editor-in-Chief: PaulH.Roalsvig Managing Editor: Business Manager: Kevin P. Collins LisaNasiak NewsEditor: Features Editor: SharonNosenchuck Vacant LayoutEditor: Evanßaranoff Photography Editor: DanHarris ArtDirector: KathyKorbuly Saultan H. Baptiste, Paul Beyer, andPeter Zummo StaffWriters: Contributors: SteveBaletand JoeBatesand also Mayor Masiello and Governor Cuomo EDITORIAL Let the Students Speak Three issues surrounding the law school have recently surfaced which call fordirect student participation in a democratic manner. First, thereis the proposed new student disciplinary code. The administration ofthe law schoolattempted to get this done last year at the endofthe Spring 1993 semester. The Faculty-Student RelationsBoard (FSRB) was the vehicleby whichthe administration was to reveal the new student disciplinary code. The problem wasthatthe first meeting was not held untilafter the end ofexams whenlaw students had eitherleftBuffalo for the summeror had begun to work and could notattend meetings. The timing ofthese clandestinemeetings were highly questionable. The FSRB consists ofthreefaculty members and three students. Yet, if no students could attend the meetings, which were held after law school finals, the democraticprocess did not existand students got no say in anew discipunary code that they will be subject to. However, the FSRB neverreturned witha completed studentdisciplinary code. Now a newly formed committee is addressing this studentcode. The students should be made more aware ofthe disciplinary code in generaland the students should have a say in its completion. Second, last semester the SBA voted to use student mandatory activities fees to recarpet, refurnish and fix up dierather largeand spacious Law Review room onthesixthfloor. In an SBA meeting that Dean Boyerattended and spoke at, the SBA decided to usestudent money to make these capital improvements to thelaw school in return for the Law Review room being divided in halfand the SBA being able to voteon which group gets theotherhalf as an office. At the mostrecent SBA meeting last week, the SBA President stated thatnow DeanBoyer is uncomfortable with the SBA being allowed to vote on which organization gets the new office space. The SBA, which represents more than 700 students, consists of22 democratically elected i epresentati yes. TheSBA President suggested thateitherhe should decide who gets the new office space, orthatmaybe a few others could join in this glorious decision as well. The students pay tuition toattend this lawschool. Part ofthistuition is theirmandatory studentactivities fees which go towards funding student groups. The SBA isthe democratically electedrepresentativesofall law students. Law studentmoney.pursuanttoademocratic SBA vote, is being used forcapital improvements to this state-owned building. Now, theDean and the SBAPresident wantto make a unilateral, undemocratic decision as to which group gets the new office space. The SBA voted to givestudentmandatory activity fees to pay for the capital improvements withtheexplicit proviso thattheSßA.as the students' democratically electedrepresentatives, would get to vote as a whole on which group will get the new office space. The whole SBAshould voteon thisnewoffice spaceand unilateral,undemocratic decisions should notbe made by politically-positioning and power-playing individuals. Thirdand finally,and quitesimply and sadly, thewhole student body should get to vote a in recall election as to whether they want the current SBA President, Saultan Baptiste, to continue in office. The SBA, in its last meeting last semester, expressed sentiments that Baptiste'sconduct in the misuse and misappropriation of nearly $1,800 of his fellow student's mandatory activity fees to pay for his personal phone calls should be addressed. Thisunprofessional and unethical behaviorbythe SBAPresidentcan notbe ignored or behidden in political maneuvering. Calls weremade at the SBA meeting to address the SBAPresident'sactions, including thepossibilitiesofavoteofno confidence and taking away all fiduciary responsibilities. These should be followed. The SBA President can not be impeached because the SBA Constitution doesnotcontain any provisions onimpeachment ofexecutive officers. For the students to truly have a democratic say inwhether they want the SBA President to continue in office, a recall election should beheld soonin which students can vote yes or no as to thiskind ofleadership. Thesethreeareas call for fulland immediatelaw student involvement in a democratic manner to ensure that students truly have a fair sayand vote in current and important issues tliat surroundUBLaw School. Copyright 1993. The Opinion.SB A. Any reproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. TheOpinionispublished every two weeks during theFallandSpring semesters. ItisthestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in this paperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postageenteredatßuffalo.NY. Editorial policy ofThe Opinionis detenuinedbytheEditors. The Opinion isfunded by theSB A fromStudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves theright to edit for lengthand libelous content. Letters longerthan three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campus orUnited States Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'BrianHall.Buffalo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion January 25,1994 Opinion Mailbox Alleges Racial Bias in the Desmond Competition To the Editor: I participated in the Desmond Moot Courtcompetitionandenjoyeditverymuch. I was successful and achieved Board membership. However.itshouldnotbeoverlookedthat I and other minority students experiencedracialbiasonthepartofsomeofthejudges. The evidence is purely anecdotal, but my experience was confirmed by what other minority competitorssaidabout subtle, yetconsistently, differential treatment. Moot Court, as well as otherprestigious law schoolorganizations, are set up to exclude people of color because these competitions are made forandbylhe "majority". Many majority studentsthinkthat we attribute everything to racism, but it should come as no surprise that our society is still plagued with the ignorance of racism and that racism is reflected even within the Law School community. This year's competition hadapproximately 16students ofcolorparticipating and very few (lessthanfive) judgeswho were people ofcolor. Many studentswere disappointed anu augi y ai wnai they feltwereblatantbiases displayed by some ofthe judgeswhoparticipated in the competition. In fact, for the last two years, every student ofcolor who made the Moot Court Board, withthe exception ofone, had a white partner. I am certainly not accusing the Moot CourtBoard ofimproprieties; I am onlypointing out what is often overlooked and/or dismissed by the majority. Manystudentsofcolor alsorefuse to acknowledge theseracial events or they ignore them because, if pointed out, theyare considered trouble-makers. However, this does not change the fact that students of color at UB Law are faced with the horrible plague ofracism every day oftheir lives. Some of you are wondering what my point is, and what, ifany, solutions I have for thisproblem. Well,the first is directed atthe majority students. I would implore you not to dismiss our cries ofracism justbecause you cannot understand them or haven't experienced it. I askyou to work toward creating a society where we are all evaluated for our achievementsand ourqualifications. Remem- ber, people ofcolor are in this society to stay and we are yourpeers. My second suggestion is thatthe Moot CourtBoard ask the MinorityBar Association to participate in this competition next year. This year's judgeswere selectedfrom alistof judgesthe Board had from last year. In addition,the MootCourtBoard sent out invitations to all the firms in Buffalo (with more thanfive attorneys)andpublished an announcement in theBuffalo Law Journal. The Board can also attach a statement with the invitations explaining to the judges that they must evaluate all the students on merit ilone. It is almost impossible to eliminate all the biases from the competition, but perhaps with this statement the Moot Court Board will givenotice tothe judges that it will not tolerate bigatry or sexism. Lastly, the Boardcanimplementagrievmceprocedurewhereby stuientswho felt thataparticular judgewas biased can petition to remove that judge from the list of potential luugcMiii uicucxt competition. I wouldlike to congratulate all the studentsofcolor who successfully completed the Desmond Moot Court competition. I would especiallylike to congratulate Susan Sanchez, Rex Velasquez, Mindy Birman, Susan Soong and Vipan Singh for making the Board. It is with great pride that I acknowledge these students who successfully broke the barriers setup to keeppeople ofcoloroutofthemainstream. Last, butnot least, Iwouldlike to ask the students ofcolor not to give up. Continue to participate inthese events. I would encourage studentsofcolor to participate inotherprestigiouscompetitions suchas theFrederick Douglas Moot Court competition, the National LALSA MootCourt Competition and others like these. We must stop measuring our success by the standard of the "White Man". Although we are equal, maybe someday we will be seen as such. SUNY Should Respect Washington and Columbus To the Editor: Ifindmyself irritated by SUNY'spolicy of canceling classes on Martin Luther King Day for basically two reasons. First, itis a slap in the face to those ofus who wish to accord at leastthe same veneration to GeorgeWashington, AbrahamLincoln, ChristopherColumbus, and veterans ofthe armed forces, all ofwhom werehonored with nationalholiday sfar before MartinLutherKing. Second, dieSUNV policy is blatant patronization of certain AfricanAmericansandmulti-culturalistswho espouse aradical agenda forreshaping American society. George Washington was arguably our nation'sgreatestpresidentandmilitary leader. Certainly, no other person has achieved so much in both capacities for the sake of his country. Abraham Lincoln is the man who signed the Emancipation Proclamation and achieved more for the advancement of black men and women in America, in the shortest period of time (and did so at the greatestcost ofhuman life in American military history), than any other single leader. ChristopherColumbus, although unfairly . malignedand contemptuously mistreatedby the historicalrevisionists ofthe left, wasnevertheless abrave explorerwho defied conventional wisdomand ignored personal comfortby endeavoring to expandhumanity's horizons both geographically and economically. A devoutlyreligious man, notwithstanding the malicious characterizations assigned to him by thosewho misunderstand, and thusresent, his foray into wildernessAmerica, Christopher Columbus carried outhis sacred missionwith determinationandraw courage. Overlooked by those who, with 20/20 hindsight, flatly condemn him from head to toe, isthe need to viewhis actions in the intellectual context of his time. Suffice it to say, the efforts of Christopher Columbus were ultimately rewarded by the founding ofperhaps the most powerful, prosperous, and libertarian nation ever: the United States ofAmerica. As great as each oftheabove men were, theirplaceonthepedestalofgreat contributors to ourcountry remains low when compared to that which must be accorded to our armed forces veterans. These common men and womenare thetrueheroes ofAmerican history. Washington, continuedon nextpage .. An election forFeatures Editor ofthe Opinion will be held Monday, January 31 at 11:30 cum. to fill the vacancyfor the semester. Anyone interested in theposition must submit a letter to the Editor-in-Chief (Box #761) no later than Friday, Jan. 28. �Humor Column: The Bridegroom The Balet Bar Review Course by Steve Balet. Contributor Since the first moment we entered the hallowedhallway sof JohnLord O'Brian Hall, wehave been inundated with the sales pitches ofvariousBar Review Courses. We have all heardofPieper, Bar Bri,Marino, and PMBR, andwe appreciatethefreefood theyprovide at their interest meetings, but have they really given us a clue as to how to actually take the Bar? Theanswer, my friends, isaresounding "No"! That is whyI am providing toyou, free ofcharge, the most highly touted Bar Review Course in South Dakotaand the lowerparts of Mississippi. That's right! the "Steven Balet How-to-take-the-Bar-Exam Course iscoming to New York. Hereare some freerecommendations on how to takethe Bar that have already helped tens ofpeople to become lawyers. Recommendation Ml: Take the testsittingdown. We have found through our years of experience instudy ing theBar Exam that most ofdietables they provide you to write on, are low to the ground andare much more suitable for sitting than standing. Remember,this test is two dayslong, and thestrain ofbending over all the time can hurtyour performance. Oh,lknowwhatyou're thinking, "I'll justlean during the entire test.'' This method may seem like a good idea at first, but there may not be anything on which to lean; your table mightbe too flimsy and the nearest wall may be yards away. In our course, we try to prepare our students for every contingency. Many students gointo theBar Exam thinking '' lean," only to become flustered when they are not able to do so, often resulting in poor scores. It is true that prior to 1983 I did recommendlying downonyourback, stomach orside, but unfortunately inNew York,youare no longer allowed to take the test that way. Recommendation #2: Useapenorpencil. We have found that crayons and chalk tended to smearon the essay portionofthe test; remember, ifyour essay ishard to read, itwill effectyour score. We have found that pens and pencils tend to workbest on theBar Exam, butremember: apply the pointier end ofthe instrument to thepage. Manywould-be attorneys have failed the Bar because the indentations left on the page(from using the wrongsideofthepen)have worn offby the time the test is ready to be graded. Pointof information: writing withyour own blood is not allowed inNew York due to many unfortunate deaths by test takers in the early 19605. However, ifyourareplanning on taking the Bar in one ofthe southern states, this practice is still allowed. Recommendation #3: Try to havesome knowledge ofthelaw. It has been our experience that people withsomeknowledge ofthelaw haveaslightly ... Opinion Mailbox: Washington, Who Didn't Recommendation #4:Askquestions. If you get stuck on a difficult question andneed help, don'tbeafraid to ask theperson Know the Law sitting next toyou. Before the exam, theproctor alwayssays,' 'Pleasedonotaskyourneighbor for help.'' Thisis a throwback to the early days when the exam was delivered to each testtaker's home and it was not uncommon for neighbors to cheat by taking the test together. Today, however, this rationale does not apply to mostofus, because our neighbors are miles away from the testcenter. Ifyour neighbor is, indeed, taking the Bar then don'tsit nextto him orher. Recommendation MS: Take the testat a test center. Each year, many people wake up, go down to thekitchen for breakfastand wait for the test to be delivered to their home. It has been our experience that this rarely happens anymore. You have a much better chance at passing the bar ifyou wait to take the exam at a test-taking center. Recommendation U6- Take the test sober. Althoughtaking the exam drunk will not effect most peoples scoresone way or the other, alcohol is not allowed atthe testtaking center. So unless you're really blitzed, you will lose your buzz midway through the exam and weall know whatthat feels like. continuedfrom page 4 Withoutsuchpeople the great generals, states- classes, that other national holidays with at men, and presidents would liave fought lonely least as much historical significance do not andultimately unwinnable battlesagainstthe receive from the law school and the State forces of fascism, communism, and various University ofNew York. Thus, I am lead to thesecondreason for political megalomaniacs abroad. Veterans are the Americans most deserving of special my irritation at the UB Law School/SUNY recognition for it is they who selflessly toiled King Day policy. True to formforauniversity for a patriotic cause knowing all the time that thatpromotes racial divisiveness by affirmatheirsolereward was theassurance ofpeaceful tively favoring purportedly disenfranchised minorities, UBLaw School's King Day class anonymity in their own country. MartinLutherKing, Jr. was arguably cancellation policy is an apparent effort to oneofthe most charismatic and dynamiccivil placate certain African-Americans who derights advocates in American history. His mand adherence to a leftist multiculturalist constant calls for peaceful protest of unjust agenda. Sadly,this patronization only diminlawsandequally peaceful calls forcorrective ishes the opportunity to integrate the entire laws never degeneratedinto irresponsible hate SUNY community into a unified group of speeches found today among some entertain- Americans with similar educational ers and leftist demagogues. Yet, I cannot goals.lnsteadofemphasizing commonalities, regard the effect of Mr. King's life as so promoting aholiday thathonorsamanwhois largely endeared to African-Americans to the significant that it deserves special recognition, such as cancellation ofUB Law School exclusionofotherholidaysemphasizesdiffer- . better pass rate on theBar than people whodo nothaveany knowledge ofthelaw. ences and derogates the traditional ideals enun- ciated by Washington, Lincoln, and our veterans. Alas, suchderogation and divisionis the true goal ofmulti-culturalists. Left unchecked, thesemisguided sowersofdiscontentwillreap chaos inour country by ultimately producing class and ethnic contentiousness that will surely destroy thespecial bonds thatall Americans have traditionally shared. Accordingly, SUNY should either establish a class cancellation policy that includes all national holidays or stop capitulating to the selfish, butclamorous demandsofthe political fringe and drop theKing Day cancellationpolicy altogether. Only by choosing one ofthesealternatives can SUNV show itscommitment torespectful recognition ofall great Americans and the national unity they espoused. JayKalasnik,2L IHJ ANfXIETY SCALE UJ^carlwl > , ri m? |j€Qrtul\ la *fe it my resume!? Is \jV. cover-β-tter? I? P I I tronzW-T upset\ •I i [J\ Ik /£y nervous\\ — I ' ,2 I » &T back. I'm moving rV c r> ?°™ U- .ji be. .J^.,—I cnaiani* //rhalani —lackadaisical Vuin^" blase |~/ , I T* J/r-"/indifferent / concernea Trrnildkj by Dan Harris, Photo Editor My mother was dying. After two months ofbattling leukemiashehad failed to go into remission. Another round of chemotherapy would killher immediately. Otherwise she'dlive maybe sixmonths. So all wecould do was prepare for herimpending death, and hope for a miracle. Lisa and I had initially intended to have a fairly simple wedding about two monthsafterlfoundalegaljob. Whenmy mother wasfirst diagnosedwithleukemia, and givenaprognosisofapproximately two years to live, we had decided to move the weddingup to August of 1994. We wanted to make sure Mom wouldbe thereto see our nuptials. No w allofa suddenitlookedlikemy mother wouldn'tbearound inAugust We didn't even know if she'd be around in March. We planned a quickwedding for January 16. As often happens with cancer patients, complications arose. While in the hospitalmymothercontractedpneumonia. Everyone suggested thatwe havethe wedding quick and in her hospitalroom. My mother was adamant that she wanted to hang on until the 16th. Every day the pneumonia and her breathing gotworse. Friday, December 24 was an awful day for my mother. Herbreathingwasatits worst. Adoctortoldmethatifshedidn'tgo on a respirator by the end ofthe weekend she'd die. My motherwasadamantabout not going on arespirator. Hersisters from Israel were due to arrive in Boston that afternoon. They intended to sleep for a while and then come in the next day. In the late afternoon my motherannounced that she couldn't hold on much longer, She wassure shewouldn't make it through the night, as normal breathing was like running a marathon. We immediately called her family and close friends to the hospital. She insisted that we call Rabbi Scolnictogiveaquickweddingsoshecould see us married. Ifnothing else, this was evidenceofhowsickshewas. After all, she must haveknow that youcan'thavea Jewish wedding onthe Sabbath. Furthermore, we didn't even have our civil marriage license yet. Whilewe waitedforRabbi Scolnk it was traumatic in the hospital. The family said verytearful good-byes to mymother. Shetoldme that she'dhang on through the weddingand then letgo and die. There was nothing we could do. Eventually Rabbi Scolnic arrived. We wheeled my mother into a large lounge. As Lisaand I stood together, I paid no attention to the "bride," what Rabbi Scolmcwassaying,oranyofihecerernony. All ofmy attention wasonmymo ther,and her reaction to the show. I know it was a facade, but she didn't I'd pay attention during myreal wedding. Asourringshad onlybeen ordered the daybefore, we used theringsthat belongto my sisterandbrotherin-law. It was almost amusing as I could only get the ring madefor his smallhands onmy firstknuckle. Afterthe' 'wedding" my' 'wife"and I kissed my mother. She'd seen us''married." Mybestmanmadetheperfecttoast He commented on howmuch he likes my family, what awonderfill coupleLisaand I make, and most importantly, how he admiresall the goodtraits I learned frommy mother. The gentilenurses came into the lounge, onwliat was their holiday, and sang the traditional Hebrew song,'' Simen-tovoo-mazel-tov." We wheeled my mother back toher ...Bridegroom, continuedonpage 7 January 25,1994 The Opinion 5 �j II I]H II U H I MPRE REVIEW | FREE ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE ***NOTE: All classes will run from 9:00 a.m.-5.00p.m. Sunday, February 13,1994: 1] Saturday, February 26,1994: [I H H H II Amphitheater, Main Floor Fashion Institute of Technology il video-tape Lectures H ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED [I Sunday, February 27,1994: video-tape Lecture NYU Law School PACE Law School Room 110 |1J H ■I EXAMIIH live Lecture Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School Tulane Law School [ j PEEPER Room 403, Preston Hall This course is 100%free of charge [I To reserve a seat, call 1-800-635-6569. not All students are welcome NO MATTER il whether a Pieper student or WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! I]H Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa H H 11 fHJ |I X Ij H 1] H 11 11 H [1H �AW^ Th c Docket The Lowdown WHAT: Graduate Group on Human Rights, Second SemesterIntroductory Meeting WHEN: Wednesday, Jan. 26,3:30 pm WHERE: 105 O'BrianHall, Student Lounge LOWDOWN: Kathy Rimarwill be speaking onrefugeeandasylumlaw. Formore information,please contact Sharon Nosenchuck, 408 O'Brian,phone:645-6184. WHAT: AWLS sponsorsa Presentation about Corporate Counsel WHEN: Wednesday, Jan. 26,4:30pm WHERE: R00m207 O'Brian Hall LOWDOWN: Patricia Fulweiler, Esq., CorporateCounsel withCommonwealth,will speak aboutcorporate counsel. KickOfftheSpringSemestertheßight Way SBA Party atTheStuffedMushnxm(2sBoMainSt) Thursday, Jan.27 from9p.m.Until $3perperson DJandUnlimitedßeer.Soda, Wings&Pizza Elmwood Aye. in Buffalo LOWDOWN: Admission is freefor allinterested. WHAT: Graduate Office forPublic Interest/ Public Service Careers lis holding an open house WHEN:Jan. 31 to Feb. 3,10 a.m. to 3 p.m. WHERE: Room 722 O'BrianHall LOWDOWN: Anyoneinterestedshould come to learn moreabout the group's services. WHAT: Prison Task Force WHEN: Thursday, Jan. 27 at4p.m. WHAT: January isFinancial Aid Awarness 109 O'BrianHall Month in New YorkState WHERE: Room Youcan call aCollege FinanFirst ofthe semester LOWDOWN: meeting LOWDOWN: Expert Aid on a toll-free hotline any cial to speak R. Attorney Lovallo betweennoon and 7 pm, call 1-800Timothy weekday WHAT: officials term limitsfor Buffalo elected -367-2670. about WHEN: Thursday, Jan. 27 at 7 p.m. WHERE: Bullfeather's Restaurant, 1010 WHAT Mandatory Student Activity Fee I ...Bridegroom,c continuedfrompage 5 room. Shecouldnowdiehavingperceivedme as married. It was terrible, but we hadn't a choice. We had to let go. Allowing my mother to bealone with otherpeople, I wentintothe lounge. Family and friends congratulated me and Lisa. After my brother-in-lawaddressed Lisa as "Mrs. Harris," I announced that the depressingplay wasover. My motherhad seen usmarried, but iknewwewerenot, Youcan'tmarryonthe Sabbath. It was then that I was told that my knowledgeofJewish law wassorelylacking. Severalpeopletheninformed us ofan exception to theregulation againstmarryingon the Sabbath. IfitwiUeaseadyingperson'spain, you are legally allowed to manyon the Sabbath. On fop ofthat, suchareligiouswedding willberecognizedinthecivillaw,despite the lack ofpaperwork. So, thejokehad been on me. I wasin factmarried. Thegroupcongratulated usagain. At first I couldn't accept the fact that Lisaand I werenow married. Although I very much wantto marryher, I didnotwant to be married at this time. When I get married I want to be aware that I'm getting married. I hadn't been. I hadn't been psychologically prepared to make the leap from being single to being married. I wanted to see ifI could get the marriage annulled justso I could marry Lisa, but be aware ofit at the time. By some miracle, on die morning of December 25, not only was my mother still alive, butsomehowherpneumoniaand breathing were getting a littlebetter. On top ofthat herblood levels beganto improve. Her doctor began to suspect thatshemight actually bein remission. At thatpointwe informed herthat we were stillhoping for the bigger synagogue wedding. Weeventold heraboutthejoke that had been oil us. When Rabbi Scolnic called herfrom theplacewherehewasvacationing, heconfirmed toherthatLisa and I were indeed married, both in Judaismand the civillaw. I adjusted to the fact that Lisa and I were married now. Inafive-minute conversatk>nlusedthephrase"my wife" tentimes. OnaformlcheckedofTthemarriedbox. Lisa signed a receipt using the last name Harris. Considering I'd been living withLisa for a long time, married life really wasn't all that different from single life after all. We went to the city hall to register our marriage. There we were shockedto discover that the civil law would not recognize our marriage. Ourmanyfrieudsandfamily.who had not been able to attend our Jewish weddingonthree hoursnotice, wouldnow beable to see usmarriedin someform. I wasexcited. Lisa was depressed. She wanted to be mar- ried. On Sunday, January 2, Rabbi Scolnic wasbackin town. Itoldhim how shocked we were that we were in fact married. At that point, he told us that we weren't. We were betrothed. It's a Jewish engagement that would require a divorce if broken, but no maintenance. Rabbi Scolnic really couldn't make a Jewish wedding onthe Sabbath. A Jewish wedding requires three elements: First, the Katubah, which is the marriage contract. It is a document signed by the bride, the bridegroom, and two witnesses. Second, the ceremony. Third,consummation. It is illegal in Judaism to sign a contract onthe Sabbath. Additionally, itis illegal to performthe marriage ceremony on the Sabbath. No dying exception exists. The only thing that is allowed is the betrothal ceremony. Hejusthadn'tinformedmymother that he was performing a betrothal, not a marriage ceremony. Wewon'tdiscussconsununation. We decided notto tellmy mother that weweren'tmarrieduntilfiveminutes before wewere actually gettingmarried. Ifshemade it,then she could enjoythe ceremony. Ifshe didn't, she'ddie believing she'd seenher son married. We got our rings thatafternoon. We made a pointofwearingthem in front ofmy mother, andremoving them when not in her presence. Wewerecontinuingthebigwhite lie. The next day the doctor did another bone marrow test on my mother. Miraculously sheis incompleteremission. Ifallgoes well, she should have plentyoftimeleft. The family decided to stay mum about the truth j about thewedding, despitethe positive news. Thatevening,whilevisitingmy mother, Lisaandlkeptourringson. Atthatpointmy motherrevealed thattherabbihad toldher the truth. Weremoved therings fromour fingers. Fully in command again, my motherinstructed usthatwhen betrothed itis proper to wear the wedding bands. We put them back on our fingers, where we nowkeep them even when not in her presence. My mother is continuing to gain strength. We'relooking forward to ourreal wedding. This time I'll concentrate on my bride, and no t needto worry about mymother. This time I' 11 know that thelaw will see Lisa and I are married. millee WaiverForm for Spring 1994now available the SBA FORMOREINFORMATION: ContactShaWHERE: Applications available at Nosenchuck, 408,645-6184. room ron Office in 101 O'Brian Hall LOWDOWN: Applications are due Friday, WHAT: Women'sandChildren'sßights: A Feb. 4 Local Perspective Student Papers WHEN: February 17,1:00 p.m. WHAT: Call for Editors and , Law WHERE: 545O Brian(FacultyLounge) from Buffalo Journal oflnternational WHEN: Resumes are due by 4:30 pm Friday, LOWDOWN: SueTomkins, Clinical Instructor of the Law School Domestic Violence Feb41994. at Clinic, will be speaking on therights ofwomen Resumes should be submitted WHERE: and children. Her presentation will concenCDO. LOWDOWN: All 1L and 2L students inter- trate on community responses to the endemic ested in International law are encouraged to problem ofviolence against womenand chilapply. Please includea letter ofinterest which dren. SPONSORED BY: GraduateGroup on Human specifies the position(s) in whichyou are interare most Rights for whichyou qualified. estedand FORMOREINFORMATION: Contact ShaThe Journal will publish itsfirst issue, focusing on Biotechnology and Biodiversity, this ron Nosenchuck, room 408, 645-6184. Spring. Topics of subsequent issues ofthe Journal will vary each year at (he discretionof WHAT: Human Rights Agenda te Editorial Board. TheJournal isdesigned in WHEN: March 1994 such a way as to coverdifferentinternational LOWDOWN: A week ofhumanrights events issues each year, depending upon the particular takingplaceatthe Law School. Lookformore interest and timeliness of the subject. The information in the coming weeks. Journal will be published twice a year, once duringthe Springsemester and once duringthe WHAT: PatentBar Review Course Fall semester. Please carefully consider the WHEN: March 10-13 timeand effortrequired beforey ou elect torun WHERE: New York University School ofLaw LOWDOWN: TheInstitute for PatentStudies foranyposition. has scheduled a local patent barreview course The followingpositions are available: Associate Editors, Recent Development Editors, for law school students. The course is for studentswhoare preparing forthe registration Articles Editors, Publications Editor. Descriptions ofthe responsibilities involved in examination in the U.S.PatentandTrademark each position are available in the Journal Office. Total number of classroom hours is fifty; one half ofthe program is directed to Office,Rm 8, in thebasementofO'Brian (645-6206). The Journalisalso currently accepting reviewing the Manual ofPatent Examining articles on the subject of Biodiversity and Procedure and theother halfis directed toclaim drafting and analysis. A 1994Program Guide Biotechnology. and discountin formation can berequested by WHAT: James A. Coon Memorial Writing calling the Instituteat 1-800-392-6512. Competition WHEN: Entriesmust bereceived by March 1, 1994. LOWDOWN: The New York State Bar Assocaition Municipal Law Section has established an annual writing competition on New York Land Use and Zoning Law. The winningauthor will receive a $500 cashprize and theirentry will be published in theMunicipal Lawyer. The competition is open to any student attending a law school in New York State. For more information call Patricia Salkinat(slB)44s-2329. I SUMMER I LAW STUDY in Dublin London Mexico Oxford Paris WHAT: Brown Bag Lunch WHEN: Monday,February 7,1994,12:15p.m. WHERE: 212 O'Brian LOWDOWN: Father Roy Bourgeois will be discussing the School ofthe Americas. The Schoolofthe Americas, supported by theU.S. Government, provides militarytraining to Third World soldiers. Many of those trained by the School have later perpetrated egregious human rights violations. SPONSORED BY: Graduate Group on Human Rights and Latin American Solidarity Com- Russia-Poland San Diego FOREIGN LAW PROGRAMS SCHOOL OF LAW UNIVERSITY OF SAN DIEGO 5998 Alcala Park San Diego CA 92110-2492 {fil)univcraily of <San DcgD Probing, Timely, Controversial. Beer... Join the Opinion! §5 . fife ' f Love Blurbs! V| Editor's Note:The Opinion is sad to report that, since the writing ofthis article, Dan's motherpassed away over the break. Ourcondolences to Dan andhisfamily. -J T I Begin sending us your "Love Blurbs" now for the Opinion's special Valentines Day issue, which will come out on Valentines Day, Feb. 14. Express those burning, churning yearnings from your heart, or any other passionateregions. (As editors, we reser\>e the right to editfor boringprose or studentapathy.) I Write yourlove ditty here andplace it in Box #761 and watchfor it in the special Valentines Day issue ofthe Opinion. January 25,1994OTphPin7aeog The Opinion Page 7 �BAR REVIEW M 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1994 Law School Graduate: Recognizing the financial hardships graduating law students are faced with, BAR/BRI Bar Review is offering need based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $100,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment following graduation from school. The applicant further Agrees to renounce the scholarship should they receive a commitment for full-time employment by May 15th, 1994. This letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by February 18, 1994. Students will be notified of their scholarship award by the end of February. - These scholarships are not assignable and will only be honored in New York, New Jersey, Connecticut, Massachusetts, Maine and New Hampshire. Please specify in your letter which state's bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-01-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/25/1994 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ab8124d175e1f5a2c0f89618d3319974.pdf 846f28f43d8d4f74bc81bb2310abebff PDF Text Text Bringing the issues u> theslmh'iitssinci'l94'J THEOPINION Volume 34, No. 9 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 9,1994 Baptiste Faces Possible Recall Lack Of Quorum Prevents Board OfDirectors FromTakingAction On Petition byEvanßaranoffl.'LayoutEditor The fate ofthe Student Bar Association presidency is still up in the air. SBA President Saultan Baptiste may face a recall election,having been presented with arecall petition at theFeb. 2 SBA meeting. However, since that day, the SBA Board of Directors has been unable to act on the petition or even verify its validity because it lias notbeenable to acliievequonim. TheBoard has not evenestablished thatthere are enough student signatures on the petition to force a recall vote. The petition, a product ofthe student body, came one weekafter the SBA Board of Directors voted to sanction Baptiste byremoving his fiduciary powers [See Story,page 10]. Both the petition and the Board's sanctionare responses to the president's alleged misconductconceniing (he useofSBA fluids to cover personal longdistancephone calls.These calls were made last year from the Phi Alpha Delta office, while he was the head of that organization. According to the Special Investigative Committee Report issued last semester, '' [Baptiste's] conductinregard to bothrunning up largepersonal long distancephonebillson SBAPresident Saultan Baptiste school phones and initiallypaying those bills with student funds to have been, at the very least, bad judgement,andatthe most, improper conduct." Petition In Dispute SBA Board ofDirectors disagree as to how many signatures are needed to force a recall election. According to Article 7, section 2 ofthe SBA constitution,'' the petition mustcontain the signatures ofregular members equal in number to 50 percent of the vote at the last general election." SomeBoard membersinterpret the "general election" clause to refer to last semester's election for secretary/parliamentarian. According to thesemembers, 208 votes were cast in that election, so therefore only 104 signatures would be needed. According to Frank Dec, the student who handed Baptiste the petition, the petition contains 115 student signatures. "My understanding is that a general election is one in which all the students can vote as opposed to a vole for Class Director seat, which is confined to a specific class," said SBA VicePresident Paul Beyer.''In fact, itseemed that Saultan [Baptiste] hadreferred in writing to the recent election for secretary as a general election." Several othermembers said the clause refers to last year's general election. First Year Class Director Sue Etu, as well as fellow colleagues James Lynch (3L) and Craig Brown (1L), said she believed the secretary election was a special election and general election. Sheadded that she felt the number of signatures needed should be determinedbased on last year's presidential election. In last year's presidential election, approximately 450 votes werecast. Thiswould mean atleast22s signatures wouldbe required to force a recall vote, rendering the petition now before theBoard invalid. At an emergency SBA meeting, the Board ofDirectors hoped to resolve this dispute, as well as other questionsconcerning the recall petition and the recall process. However, die SBA was unable to address these issues since itagain failed to achievequorum. not a Lack of Quorum CripplingSßA The lack ofquorumat last night's emergency SBA meeting was the third straighttime the SBA failed to achieve quorum. In fact, the SBAachieved quorum only once this year. In order to have quorum, 15 of the 22 Board members must be present at a meeting. Board members expressed theirfrustration withtheir inability to deal with the petition or even appoint an independent member to run the recall election. ...Recall, continuedonpage 10 Maryknoll PriestWorks For International Justice by Paul Beyer, Staff Writer Youmay notbe surprised to findoutthat Manuel Noriega,former Dictator ofPanama, and Roberto D'Aubuisson, formerleaderofthe Salvadoran death squads, graduatedfrom the same military academy the School ofthe Americas. - Thehighly controversial school wasthe subjectofalecturegiven by FatherRoy BourgeoisinO'BrianHallonMonday,February 7th, inO'Brian Hall. Fr. Bourgeois is a Marykno 11 priest who has led an effort by School of Americas Watch, a human rights group, to close theschool. He hasbeen travellingthroughout the United States educating the public "I was disturbed to see my country abouttheschooland generating support foran giving millions ofdollars to this gov- end to its funding. The Schoo 1of theAmericas(SOA) was ernment[ElSalvador], It was wrong, in 1946inPanama purportedly to established it was immoral and it was a sin." professionalize Latin American armies and —Father Roy Bourgeois strengthen their democracies. However, its However.itmightsurpriseorshockyou that the School of the Americas, which has trained some ofLatinAmerica's mostnotorious criminals in counter-insurgency, torture and commando tactics, is funded by United States taxpayers and is currently located at FortBenning, Georgia. graduates haveapparently turned their expertise on their own populations and engaged in someoftheworstcasesofhumanrightsabuses inrecenthistory. A United Nations Truth Commission Report focussing on human rights abuses in Latin Americareported thatamongthe school's Is He Or Isn't He?the gold rings. that the couple To the Friendly People atUB I-aw: Sincemy last coirunentary regarding my betrothal and near marriage, several peoplehave asked meand Lisa whether we wears American civil law does not recognize the betrothal. Thus, by the American standards Lisa and I are simplyengaged As explained above, by die Jewish standard, we are married. To give as simple an explanation as arc betrothed Hence, the gold bands we possible, while marriage in the U.S. civil wear. We shall probably complete the law is a one-slep process, marriage by JewJewish and civil marriage ceremony in ishlaw is a two-step process. The first step Atigustofthis year. is the betrothal. In the past, betrothal was Lisaand Iwouldlike to thankallofthe friendly people atUBLaw School who have oftenperformed while thecouplewerechildren. This is rarely donetoday. Mostoflen signedcards, made phonecalls, offered their betrothal is performedas thebeginning ofthe help.andjustgenerallyoffered condolences. marriage ceremony. Betrothal creates a When sufferingtlirough the deathofa loved legalrelationship. Although it doesnot give one, thereisno betterfeeling than toreturn the couple therights, privileges, andresponto a place where you receive so much supsibilities ofmarriage, itis a legally binding port. Thank you all. relationship. Should the couple separate Sincerely, withoutcompleting the marriage, a divorce Dan Harris would stillbe required. It is upon betrothal Photo Editor Nicaragua's army and secret police under Somoza In 1984, Panamanians threw the SOA outoftheircoiin try as partofthePanama Canal Treaty. According to Fr. Bourgeois, Panamanianscalled it the "School of the Assassins, where Latin American soldiers are trained to kill their Latin American brothers." The school wasthenmoved toFortßenning.Georgia, where ithas operated to date. Father Bourgeois became aMaryknoll priestafterretumingasawounded soldierfrom theVietnamwar. Hewas inspired by the work ofmissionaries in Vietnam. "I came home a changed man," saidBourgeois. "I began to realize this work is what we are called to be Father RoyBourgeois healers, peacemakers.'' graduates are two of the tliree Salvadoran Asa Maryknoll, Bourgeois was sent to officersinvolved in theassassination ofArchwork with thepoor inEl Salvador. Itwas there bishop OscarRomero, three ofthefiveofficers thathewitnessed theruthlessness and brutalcited in the 1984 rape and murder of four ity ofthe Salvadoran government, whichwas Maryknollnuns inEl Salvador, and nineteenof being subsidized by the United States. "Iwas the twenty-seven officers involved inthe 1989 disturbed to see mycountry givingmillions of massacre of six Jesuits, their cook and her dollars to this government," Bourgeois stated. daughter. Its most notable graduates include "It was wrong, it was immoral and it was a Noriega, D'Aubuisson, Haiti's General sin." Francois, oneoftheoustersofformerPresident Upon returning to die United States, Arisude, General Hugo Banzer, brutal dictator Bourgeois formed the El Salvador Solidarity ofBolivia in the 1970'sand General Hector Conunittee and organized civildisobedience Gramajo, architect of Guatamala's death protests outside ofthe Schoolof the Americas squads in the 1980*s. In addition, the school at FortBenning. He was twice jailedfor such ...Priest, continuedonpage 8 trained a large number of the members of - HIGHLIGHTS Group Spotlight Editorials and Opinion Mailbox An InterviewWith the SBA President Da Bills Win the Superbowl Alumni Focus: Class of'B3 Docket 3 4-5,11 6 7 9 II �j I I]H H PIEPER FREE I MPRE REVIEWEXAMIiI ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. H H Sunday, February 13,1994: live Lecture Amphitheater, Main Floor Fashion Institute of Technology H 11 Saturday, February 26,1994: video-tape Lectures H LI 11 Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School TblaneLaw School ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED H [J Sunday, February 27,1994: video-tape Lecture H Room 110 Room 403, Preston Hall H II H II E] H 11 H 11 H NYU Law School ■I PACE Law School [I H I] To reserve a seat, call 1-800-635-6569. This course is 100%free ofcfmrge wlietlier a Pieper student or not All students are welcome NO MATTER WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa 1] H H 11 H |j 11 H H M �Feature Column: DomesticViolence TaskForce Group Helps BatteredWoman Fight Back By Peter Zummo, iFeatures Editor Domestic violence is an unfortunate fact oflife in America. According to F.8.1, statistics I outofevery 3 women will at some point in their lives become the victims of domestic violence. Trying theirbest to help these victims navigate the sometimes confusing waters ofour legal system is the Domestic ViolenceTask Force. The organization, whichhas over 100 students in its general membership, is guided bya steering committee composed o fLeslie Pearlman, Julia Solo, and JeanKupinski. Thegroup isprobably bestknown forits Court Escort Service. Thisservice, started in cooperation with Haven House, a battered women'sshelterin downtownBuffalo, provides law students who serve as escorts to victimsofabuse whenthey go to courtseeking protection orders. According to Julia Solo, "many womenarevery nervous about sitting in court and facing theirabusers, sometimes for the first time since they were abused." Theescortsaccompany thewomen into thecourt, oftenprovid ing transportation to and from the Courthouse. Victims of domestic violence are referred to the task force by various groups, including HavenHouseand Catholic Charities or they can call a confidential direct telephone hotline645-2 782. Many abused women find the court system intimidating. The delays and postponements that are an unfortunate fact of legal life become confusing and tiring. Some victimsare forced to return and see a Judge 3 or4times in orderto begranted theirprotection order. The students provide moral support, encouragementandhelp foster asense ofpersonalsafery. Accordingto Solo,' 'the students under no circumstances offerlegal advice." They may, however, explain in lay terms what took place in the Courtroom, or definea specific word or process to the women. Before becoming court escorts, they undergo 7 or 8 hours oftraining in addition to a "Court Walk Through" to familiarizethemselveswith court procedures. Thewalkthroughisconductedby judgesand probation officers. The caseload varies from one to five women per week. This week, for example, three women will be escorted to Court. According to Solo, the group is committed to providing an escort to someone whoneedsone, provided theyaregivena24hournotice. Another service provided by the Task Forceisthe "Tuesday NightClinics." Under the direction ofJeanKupinski, the clinic provides free legal advice to battered women. Attorneys from the Volunteer Lawyers Program provide legal services, while the UB studentsdotheintakeworkontheclients. This programruns everyweek indowntownBuffalo, and is focusedtoward the more economically disad vantag ed segment ofthe population. The taskforce isalso planning an education program in cooperation with ARTF, the Anti Rape Task Force. According to Beth Ratchford, amemberofthetenperson steering committee, the programwill berun in conjunc- tionwiththeOfficeofßesidenceLife. Itwill seek to make people aware of scope ofthe domestic violence problem. "Every 18 seconds awoman is battered inthis country"and domestic violence is "the leading cause of injuries to women who seekhelp inhospital emergency rooms" said Ratchford. TheTask Force is in theearly stages of planning a production of "Father Knows Best" a play on domestic violence. Elizabeth Goldberg is coordinating this project and a dateand venue will be announced as Thestudentsprovide moral support, encouragementand helpfoster a sense of personalsafety. soon as the detailsare available. In the more immediate future, a bage saleis set for this Wednesday, February 9,01 the first floor of O'Brian, and a PlateLuncl fundraiser is scheduled for February 23. The Domestic Violence Task Force whichreceived theLaw Students Legal Ethic: Award fromThe New YorkStateBar Associa tion,isa vitalpublic servicegroup at UB Law The group seeks to help victimsand educate al ofus. It is an example of why many peopK decide to attend law school. All lawyers regardless of their field of practice, shouk rememberthatpro bono serviceto those in neec isan important and integralpartofourprofes sion. Speaker Addresses Disability Rights by JoeBates, Contributor Adrienne Asch, internationallyrecognized experton issues of disabilityrights and professor at theUniversity ofßoston School of Social Work, gavea presentation called' 'Harmonizing Reproductive Rights and Disability , Rights, * sponsored by the Baldy Center for Law & Social Policy. Professor Asch is a member ofthe White House Health Policy Working Group, whichis focusing on theethical aspects ofthe new health care plan, and, in particular, the crossover areas of disability issuesandreproductiverights. Professor Asch recently taughttheBaldy Center Short Course entitled,''Disability, Rights and Difference.' * According to Professor Asch, in the 19705, reproductive issues for people with disabilitiesfocused onlack ofproper medical care, lack ofappropriate contraception, and state interference in the decision to become parents. There is still great difficulty for a disabled person toretain custody ofchildren after a divorce,especially ifthe spouse is not disabled. Edilor-nChtf Photbymilßasvg, " We use technology toprevent what we can, and maintain the delusionthat we have control overlife." —AdrienneAsch With the new technologies, there has arisen theability to pre-natally diagnose childrenwhomay bebom withdisabilities,and to genetically select among embryos fertilized in-vitro. ProfessorAsch argues thatthe decision to abortan unborn child diagnosed with a genetic disorder is a substantially different ethical question than simply asserting the reproductive rights ofthe parents. Many in the medical community are AdrienneAsch, University ofBoston School ofSocial Workprofessor working toprevent abortion as a methodofsex selection—that is, to abortbecause ofthe sex of the child. Sex-selective abortion tends to lower die status o ftlie woman as aparent, and undermines sexual equality-especially ifone gender is favored over the other. With the claim lastsummer that scientistshave discovered a linkbetween geneticsandhomosexuality,the possibility ofdiagnosingand aborting seems inevitable, complicating gay rights issues. It should be noted that most scientists believe thatsuchacomplex behavior cannot be determined genetically. So why abort fordisabilitiesandnotsex? Many argue that disabilities cause suffering, are not normal,and that it is irresponsible to bring a child into the world ifit will suffer and cause the suffering of others. The argument usually contains thefactorofthe costto society o fearing for a disabled person through adulthood. The disabilities rights movement claims thatmany ofdieproblemsfaced by the disabled are caused by society and are not inherent in the disability. If the barriers to social participation areremoved, the disabled can lead a happy life. Because the disability is assumed to be the problem, many other problems are blamed onthe disability-thereis a lot ofliterature claiming disabled children destroy families and psychologically harm theirsiblings. It is also argued that feminists should support the decision to abort because women withdisabled children cannotleada full lifeor follow acareer. AfteralL caring foradisabled child can be a lot ofwork. However, most disabilities donot manifest themselves at birth. Screening every fetus would cost a lot ofmoney, and would prevent only the small percentage that are birth disabilities. The process therefore may not be cost effective. Ethicists also believe that aborting in this instance fundamentally alters theparentchild relationship. Being a parent involves being prepared to deal with thechild and all the problems the child will have. Does putting suchacondit ion onbirthalter theconditionsof parenting? If you are willing to become a parent, but nota parent ofa particular type of child, there is a dilemma: how disabled does the childhave to bebeforeabortionbecomesa viablealternative? Theattitude now is justto prevent the disability,and not to gather informationon how the diagnosed problem would andwouldnotaffectthechild'slife-emphasis on tragedy and doom. Pro fessor Asch conehided, "The problems with pre-natal diagnosisarise from die Americanethosofprogressandusingtechnology to control one'ssurroundingsand experience; we use technology to prevent what we can, and maintain the delusion that we have control overlife." Probing,Timely,Controversial,OneDay Late Because Of DrinkingTooMuch Beer,... JoinThe Opinion! ***Rememberto send inyour "Love Blurbs!" DueThursday'.Seepage 11.*** Confessions Of a First-Year ByShawn Carey, Contributor Thenightmare is always the same these days. It'ssetinacourtroom, about ten years from now. The courtroom is filledwith attorneys, andl'moneofthem. My client is sitting next to me, his right leg in a cast, a pair of crutches leaning against the armofhis chair. It'sasimple case, really. He fell, and now he's not getting up until the defendant, his nextdoorneighbor, gives him several thousand goodreasons. Atleast that's what my client and I had in mind when we filed his claima couple months earlier. I was sure then that I had a big winner, but now I'm uncertain. I can't shake the feeling that I've overlooked something. Something big,and obvious. "No.thatcan'tbe," Itellmyself. "Notagain." The bailiffcalls my client's name, and I swallow hard. Ourcase is up, in more waysthan weknow. My client hobbling behind me, I move toward the judge, smoothing the frayedlapelsofmysuitcoataslgo. Itry to generate someconfidence in my walk, but muster only a ridiculous, polyester strut. The defendant'slawyer,resplendentin flawless gray flannel, is already standing beforethe judgewhenmyclient and Iarrive at our places. The judgeis in ahurry and wants tohearourclaim forthe record. Immediately. I shufflepapersforafew seconds. Then I start sputtering sounds that not even Irecognize as words. Finally, I'm, talking. Sortof. My vocal chordsare as tightasthestringson a finely-tuned violin. Ilistenforsomesemblanceofconviction orauthority inmyvoice, buthearonly self-doubtand fear. Afterafew minutes, I decide I'ye said enough. The judgehas the basics. My client slipped on an icy driveway and shattered his fibula as he crashed to thefrozenasphalt Whatmore is there to say? Well, thedefendant'sattorney has one little detail that I have overlooked from the start. His voiceresonating with perfect pitch, my opponent delivers the bad news to the whole courtroom with more than a hint ofa smile on his wellgroomed face. His precise words chop through the baseofmy client'sclaimlike aheavy axe througha stickb fbalsa wood. Itseemsthedefendantdoesn'town thedriveway on whichmy client slipped and fell. No, it turns out the defendant rents both the driveway and the attached home from my client. The courtroom breaks out in spontaneous laughterand I break outin equally spontaneoushives. The judge isappropriately merciless. He tells me, "You're exactly the-; typeoflawyertheßule 11 sanctions were made for." He awards the defendant several hours worth oflegalfeesand tells my client and I to get the hell out ofhis courtroom. Ido just that fast, I leave my clieuttohobbleoutonhisown, suspecting, that ifhe evercatches up withme, he may takea swing at my head with one ofhis crutches. But the only one who catches up with me is another lawyer. This one's dressed in an expensive suitand looks vaguely familiar. He was in the courtroom, and nowhe'sgotaquestiou forme. "What happened toyou?" ' 'Well,you saw whathappened.. - ."Ibegan. ... Confessions, continuedonpage 3 February?, 1994 The Opinion 3 �OPINION Volume 34, No. 9 jjJT Fomded 1949 February 9, 1994 Editor-in-Chief: PaulH.Roalsvig ManagingEditor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: PeterZummo Layout Editor: EvanßaranofT Photography Editor: Dan Harris Art Director: KalhyKorbuly Staff Writers: Saultan H. Baptisteand Paul Beyer Contributors: Steve Balet, JoeBates, JoeBroadbent, Shawn Carey,Les Machadoand Jeffrey Weiss Computer Consultant: Peter Beadle EDITORIAL UB Shouldn'tTakeAccreditation Lightly The Massachusetts School of Law (MSL) is suing the American Bar Association (ABA) in Federal Court, charging that the ABA's accreditation process violates American antitrustlaws. The ABA recently refusedto accreditthe lawschool. Theschool alleges thataselectgroup ofABA insiders act, in effect, as a cartel, imposing costly and unnecessary standards on law schools. These standards protect the financial interests ofprofessors, law librarians, and the standardized test services, thesuitcharges. Thecostofthisprotection isborne by thelaw students, whoreceive an education that emphasizes theoryrather than practice, says MSL. Not only isthe Massachusetts SchoolofLaw suing the ABA, it isalso requesting the United States Department ofEducation remove the ABA's accreditingpowers. ABA standards for accreditation include a requirement that the ratio of students to fu 11-time faculty be no more than 25:1, according to the ABA Journal. Also, faculty members are required to be paid comparable salaries to faculty members at competing schools. In addition, the average number ofhours that a professor may teach is limited to ten hours a week, supposedly so thatprofessors have enough time forresearch and classroompreparation. The number of months aprofessorcan teach islimited to nine months peryear. ' 'If the Bar Association loses the suit, the whole house ofcards fallsapart,'' Colin said Diver, Dean ofUniversity ofPennsylvania Law School, in aNewYork Times article on the case. How doesthis lawsuit effect ushere at UBLaw School? Well, for one thing, theperiod that accreditation lasts is not infinite. UB Law School's accreditation will be expiring soon, and the school will soon bereexamined bythe ABA. Atleast 42 statescurrently require graduationfrom ABA-accredited law schools in order to be eligible to taketheir state barexams. IfUB lost its accreditation, UB students would be limited to taking the bar exam in only about eight states. Asyouneedto pass the bar exam in order to practice as an attorney, it would reduce the job opportunities available to UB students. If the law school would lose its accreditation, many prospective students would not apply here, thus lowering the quality ofthe student body. Is UB likely to lose its accreditation? Probably not. However, thinkabout ofyour classes have a student-to-teacherratio of25:1. Also, how many many how ofthe second and third yearclasses are taughtby full-time faculty and howmany byadjunct faculty? Many 2Ls and 3Lsjoke about how they go to UB Law "Night School." Well, ifUB loses its accreditation, it will not be a laughing matter. And for all ofyou who were wondering whyprofessors spend so little time in the classroom, only teaching two classes a week, while getting paid such enormous salaries (some faculty make over $ 100,000), now you know the reason. It's notbecause they are lazy, it'sbecause it istheAmerican Bar Association has setthis as a standard; restrictingprofessors' classroom hours, and governingpay levels. In conclusion, The Opinion staffencourages thelaw schooladministration to work to keep our ABA accreditation. And wewill keep you updated on the progress oftheMassachusetts SchoolofLaw. To paraphrase TheNewYorkTimes. this case may prove to be the flashpoint of an uprising that could ultimately cripple the ABA's7o-year-oldauthority toaccredit American lawschools. Who knows, 10 years from now, professors may have to teach 11 hours a week. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialshereinis strictly prohibited without theexpressconsent oftheEditors. JTjeOrJuiion.ispublished everytwo weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo.NY. Editorial policy ofThe Opinionis determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomes letters to theeditorbut reserves the right to edit for length and libelouscontent.Letters longerthan three typed doublespacedpages will beeditedfor length. Please do not put anything you wishprinted under our office door. Submissions can be sent via Campus or UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260(716)645-2147 orplaced in law school mailbox76l. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion February 9,1994 Opinion Mailbox rTo Faculty Should Meet Grade Deadline techniques toimprove future performance. To meet theneeds ofthese concerns,I askthatyou As required under section 7 ofthe SBA ensure thatall Fall 1993 gradesare submitted Bylaws, I wish to encourage you, and theother by the deadline, as required under faculty membersoftheUßlaw faculty, toadhere to the resolution. Onarelated matter, although the SBA February 15,1994deadlinefor Fall 1993grades to be submittedtotheOfficeofAdmissionsand maintains its disfavorwith theFall implementation of the current grading system to all Records. Several faculty members have alstudents, it is important that ready submitted Fall grades, the new grading system, however, many courses are still whichallowsfor aphis ("+'') outstanding. Students whoare and minus ("-") category to currently seeking summer and be added to the Q grade, be permanent employment need applied by all faculty during theirFall grades to aid in their the Fall semester. If all facjob search, especially in avery ulty members do not apply competitive market. Such inconsistent gradingscales, stuformation is particularly imdents will not receive equiportant for first year law stutable grades among their dentsas they haye no prev ious courses for the Fall semester. measure of academic perforthe efforts appreciate I mance in lawschool with which of the of the law members to show prospective employfaculty concerning thesemattersand theircompliancewith Grades also play an imthe deadline. portant role in the academic Dean Barry Boyer: environmentasameansofgiving feedback to students as to theirperformance in a course. Timely feedback allows a student to consider their approach to legal study and adapt their study Sincerely, Saultan H. Baptiste SBA President Stop the Foolishness To the Editor: It seems as if some of us have lost the most basic understanding that we are in law schooltogether. Fundamentally law school is a cooperative enterprise. We depend upon eachothernotonly forthe quality ofclassroom instruction but for our institution' s shortterm and long termreputation. Unfortunately this yearas far as student interactions have been concerned we have acted like we have taken our cues from a poor script from daytime television. The most recentcry has been forarecall ofmygood friend and present President ofthe SBA Sultan Baptise. There aresome mdiv iduals who genuinely believe thattherewas some wrong doingand they have aright to voiceand exercise theirconcern. But forfar too many the recall petitionrepresents a personal attack on thepresident'scharacter. For these individuals it represents an opportunity to bring the president down inan act ofrevenge for alleged slights real orimagined. Mostpeople I feel justwant thefoolishness, and it is foolishness, tostop. What are we doing but wasting time on nonsense? When will the SBA [and I am a member] stop this make sure thateach oneofushas the base-line qualificationsthat employerslook for?No. Do wedevelopan ongoingrelationship withalumni so that there is greater continuity between graduatesand the present student body? No. Do we develop a plan to have a centralized computer network to diminish cost and increase efficiency? No. What do we do?We spendover three monthsinvestigating theSBA presidentfor actions he tookbefore he became president I am asking thatthis cycle ofdistrustand doubtstop. As athird yearclass directorI am asking thatthirdyearsstep up and provide some leadership. No, I am not asking for money [smile] nor time. Instead I am asking thatyou joinwithmeinsupportingapledge. Iam asking that the thirdyears pledge that whomever is employed in whatever capacity nextyear help as best they can to find or support those who were unable to find legal employment. By supporting each other wecan begin to end the mindless cycle ofpitbull politics whichhave emerged in the SBA. Ifweare honestwitheach othertwenty years fromnowavotebytheSßAwillprobably be forgotten, but whatwon't beforgotten are the good orill feelings thatwe generate by our fighting? Weare in no manner adding dignity actions and attitudes towards each other. All or value toourselves or our institution. Weact of our rhetoric about wanting to help others like thisis agamerather than a training ground seems disingenuouswhenattheslightestprovofor legal development. More importantly as cation we are willing to destroy reputations youbring down the one individualforthepetty and lives. Too often we are willing to say, and the inane, you diminish your own worth as "screwU.B. whathasitdoneforme." Butl believe thatwithagoalat improving theschool studentand ahuman being. We are not Harvard. We are not Yale. for those who follow coupled witha definite Weare not NYU. I do not state this to glorify strategy we can succeed. Ifno oneis willing certain institutions but rather to point outthe tohelpus,thenwemusthelpourselves. No this obvious fact that we must work together to isnotagame. Itis up toeachoneofusto demand improve and enhance our school. Harvard, more from ourselves then anyone else could Yaleand like schools, hire thosealumni from ever expectofus. Thank youand peace. theirrespective schools. Our schools reputation and standing is declining. We are conSincerely, stantly in need of greaterresources. So what do we do?Do we figure out more ways to get James A Lynch Jr. employers tocome toourcampus?No.Do we Class Director, 3L ••• UpiilllJil lVi.Ulllj(/X,continuednextpageandpagell Due to technicalproblems, this issue of the Opinion was published a day late.We apologize for any inconvenience to the lawschool community orour advertisers. �Fuel For Thought Features Editor By Peter Zumino UB: Open, Closed, Or Cancelled? Several weeksago, Buffalo experienced the coldest weatherthathas beenrecorded in WesternNew York in the last 10 years. Closed schools and businesseswerethe norm, in addition to canceled events, and social activities. Even the U.S. Postal Service, (whose letter sense at ÜB. Satisfiedthat I could sleep in, stay warm, and catch up on some work, I went to sleep. Wednesdayafternoon, as I listened to theradio, I heard an announcement thatBuffalo Public Schools would beclosed again onThursday. I telephoned UB to determine ifclasses would be canceled on Thursday, and I wasinformed that not only would classes be held on Thursday, but that classes were not canceled on Wednesday. Evidently,bothchannels2and4 carriers are supposed to gothrough wind,rain, sleet, etc,)announced thatmail would not be deliveredto many residential areasofAmherst TheBuffaloPublic Schools, known for closing only on rare occasions, announced that they would be closed onWednesday Jan. 17. As I watched the 11 o'clock news, the cancellations and closings for Wednesday were announced. To my great surprise and relief I was informed that the University ofBuffalo was closed! I certainlywas not looking forward to making the trek across the parking lot with a windchill of50 below. Someone atÜBliad the intelligence to close the campus, or so I thought. Afterall, withtherestofUß students stillontheirWinterBreak(those lucky people), the only poor souls that would be affected wouldbeUBlawstudents. Itmade sense to me, butas Ihave becomemore tarn iliarwith theUB Experience, I realize that few things make ... as I have become morefa- miliar with the UB Experience, I realize thatfew things make sense at U8.... had made a "mistake." Being the "dedicated '' studentthat I am, and having oneclass left thatday, I decided to make the tripinto the arctic tundra, and head to ÜB. Once there, I was confronted withmore disturbing news. Not only was UB open, but thetwo classesI thought I missed had been canceled. Now thatworked out fine forme,butwhataboutthe trulyresponsible students, who called A&R Wednesday important, or who did more for his country. Such discussions are neither called for, nor productive. From a purely academic standpoint, observing President's Day inFebruary makes more sense than having a holiday one week after wereturn from WinterBreak. However, that is not the point. All Federal and State Law's population is small enough that oncea holidaysshould beobserved by UBLaw. Any student takes the initiative and calls the office otherpolicy makes amockery ofthehonorthat for information about cancellations, the staff these holidays are supposed to bestow. As could and shouldrun down thelist ofcanceled attorneys, we will not be practicing onthese classes with the caller. Perhaps an automated holidays in the future, solet's beginnow to act telephone answering system could be installed, like lawyers. I propose the following simple so that students could call in and hear a re- rule: If the Federal and/o/ State Courts are corded message informingthem what, ifany closed, then UBLaw should be closed. This classes are canceled. This wouldavoid many policy isstraightforwardand' 'politically corearly morning or totally unneeded tripsfor the rect" (whatever that means). It isthe onlyway to maintain an even playing field and give students. everyone the honorthey deserve. Holidays? What Holiday s? For this issue, that's it. As the new Ediior, I welcomeyouropinionsand Features Jay Kalasnik's letter in thelast issue of comments. Feel freerespond to this column, The Opinion (Jan. 25,1994) concerning Martin or make forfuture columns. Just suggestions Luther King Day has provoked some controcommentsto THE OPINION, Att: versy. I don'tthink we shouldbe getting into sendyour Editor. shouting matches over whose holiday is more Features morning, were told that the University was open, and risked frostbite to driveto UB only to find canceled classes? Therehas to bea better way. In this case, once themajor news organizations had announced the closing, the only logical thing to dowould havebeen to close the campus. Asasuggestionforthe future, I thinkUß I MI m M W I Cjcf OUT WnCVi'* , .-you ihmk v° ur> of) > LkS^ § &W J.. You UJOnt to hcwfcttlftc 2.'There aren't anyJ Jjobs Co/leagues are \.-you have , in lauj research/™ g /ves 3. ou ... W•J° be \...U/rU/'nj bn'efs to other ■ I cifosis "4t'« C oHhe liver, I tour on- -.., A t*«x |v»Vg^ B " . ■ f| i'vl ..£ o e rettt R, 4 I Oc>ui- opto^u^ut oiu^t^ol^^ i Ss£v& ■ I(\ aW ftPM Km Ti\ blood 'w&uufa 1 people's problems IIfhiqK /hearf disease, off n>£ & : yOUP choice: I c*,v s'onj Iis-fen ing ,lk<ld 4. Law bor><z.s j^ou $ You weekends makes you. 1... you /f5 O An n OjUP^tfin. °^"""TI \AmAT a I fiRE YDU Dγ•■ .HID »tt.c unknown /<SO M too Me, its to nsky. I ■ I I Opinion Mailbox: Would You Eat Your Pet? Dear Editor: To generate someawareness and general public discussion regarding animal rightsissues, SOLARposted severalfliers which read "Why do you love animals called pets, and eat animals called dinner?". Ananonymous person wrote "Idiots!" next to the acronym SOLARand attached the following answer: Because humans are capable of a greaterrange ofbehaviors than most animals including,and this is noj paradoxical, those of loving animals called pets (or perhaps subjecting them to "petdom")and still eating animals called dinner; wearing animals called shoes; utilizing animals called transportation, experimenting on animals called necessary medicaladvancement.etc. In respect tousing otherspecies, weareno different fromanumberofEarth cohabitants. Whydon'tyoudedicateyourtimeto curingcancer, educatingpeople about AIDS, reducing the incidence ofrape and hate crimes, furthering the rights of African Americans, Native Americans, female Americans, or homosexual Americans, or evenjustcleaning up your environment? Youcan startby ripping downthese stupid flyersofyours. Thank you. We wouldlike torespond to theconcerns ofthisanonymous person and others with like sentiments. Indeed, wehumans exceed many animals in our behavioral range: genocide, environmental destruction, economic exploitation, racism, etc. Butpeiiiapsyouwerercferringtoour''good" qualities, suchas ourability to love? One can easily observeactsofnon-humanswhich seem to indicate "love." But even if a human's feeling of superiority does not allow him or her to see this,consider how many acts ofhuman hate you see for every act ofhuman love. In addition, you do not explain why a greater behavioral range means itisacceptable to exploitand inflict suffering upon other beings. As Jeremy Bentbam said, "The question is not Can theytalk?, nor Can theyreason ?, but Can they suffer?". Also, a greater range of behavior certainly does not mean thathumans enjoy life any more than otheranimals, evidenced by our society' smany social ills. And we must remember that we have two choices: compassion or cruelty. ..SOLAR, continued onpage 11 February 9,1994 The Opinion 5 �The Personal Side Of Controversy An Interview With Student Bar Association President Saultan Baptiste byJoeKhanna Thefollowing is a short excerptfromafourhowinterviewconducledwithSaultan Baptiste, President ofthe Student Bar Association. Theauthor seeksto obtainsimilar insightfulperspecti\>esfrom otherSBA membersinvolved. This interviewhas beeneditedtofit limitedspace. Q: Youare now entering the lastthreemonths ofyou 're administration in the midst ofcontro- versy. In a generalsense, whatareyou'refeelings when you reflect back on thepast ten months in office? A: It'sbeen very rough. I didn'texpect thetypes ofthings that are going onnow. I don't thinkthat anybody thathas ever beenin a student organizationwouldhaveexpected these things, especially in a law school. On theother hand, one wouldsay thatI had a precursor in expecting whatis happening. I mean, lastyear, duringthe campaign, there were timeswhenpeople were veryloudand literally very in-your-face. At times, people were very violent.... Q: But you ran for office. That happens in politics, doesn'tit? Aren 'tyou apolitician ? A: No.This isnot Washington D.C. orAlbanythisis law school... and I don't like politics. Q: But you 're thePresident oftheStudent Bar, aren 'tyou, ineffecl, a politician? Thereisabigdifference betweenan effectivepublic servant anda politician. I don't consider myself a politician. The word politician hasbeen bastardized to mean smokefilledrooms, slinging mud, and always having a hidden agenda thatleadstore-election.. .An effectivepublic servant createsprograms, negotiates on behalfoftheirconstituentsand produces positive results. That's whatpeoplereally want.. .results. That'swhatltrytodo.Apoliticiancantalkagood gameand still produce nothing. Last year, I did things like developing a student directory and writingthe largest seriesofart icles in one Opinion. I havealways workedhard with thegoal ofhelping and informing others. That'sjustthewaylam... There is no hidden agenda. Q: Have you been able to reach any ofyour campaign goalsgiven all ofthe controversy that now exists in theSBA ? A: A lotofthings have beenaccomplished, you know, tilings thathaveneverbeen donebefore. The sad thing is that ifyou thinkabout the amount of timeand energy that has been spent on the situationsthat arenowgoing on,yourealizethat somuch more could havebeendone. Oneof the majorprojects hasbeen theCourse Evaluation Guide. I received a lot ofinput from students as to whatkind ofinformation wouldbe importantto them. Questions thata student had to run aroundandask, about classes, will beavailable in one standard format. It will also have a list of grade distributions for eachclass. Ihope to have theprojectcompleted withina monthandahalf. It shouldprove to be a valuableresource. I hope to havetheproject completed within the next month andahalf. Another majorplatform issuethat Ihave worked on has been office space. Many groups don't haveadequate space... or any space at all. The goodthing is thatstudentactivism is growing. Theproblem is the lack of space to allowthem to develop membership. Q: Why is space such a problem? publication is distributed nationwide. Itis one of theloudest voices, in terms oftheacademic quality ofthelaw school. SoLaw Review doeshave that reputation. But, I think that on the other hand, people should understandthatLaw Review is an organization that is run by students. So they, as fellow students, understood the problems that other law school organizations were having in terms ofdeveloping and I thinkthatthe Deanand theadministrationalso understood...Organizations like Circles, TheEnvironmentalLaw Journal, our mootcourtboards andTheDomestic ViolenceTask Force havea positive impact on the legal community andstimulatethereputation ofUB Law.. .Many groups thatI have spoken with are happy withthe new arrangement. It will be anasset to organizations formanyyears. Q: What elsehasbeen going on? A: The 1Lface book hasbeena success. Itwas never done before and it has established a new legacy at ÜB. I havealso been workinguni versitywide asChairofthe University CouncilofStudent Government Presidents in addressing campuswideconcerns... SBAisbetterorganizedthrough a m ore organizedsystem ofinformation onstudent organizations and a uniform database for future SBAadministrations... SBAhasalsohadayearof successful parties and our safe drivingpolicy has allowed students to have fun, but ensured their safety...I mostrecentlyadvocated an extension for students to apply for law school scholarships and I am working on establishing a mailboxpolicy to keep out the junkmail.. .The next maj or challenge willbe negotiating thenew CodeofConduct... To tellyou the truth, I oftenstay uplate orall night just to keep things going. It takesmore timethan afull time job...It keeps me busy. Q: In your campaign you also promised a ' 'strong unifiedSBA.'' I thinkmostpeople would saythat definitely didn't happen. A: Itis a very difficultthing to do, buttherewere times when SBA was working harmoniously. I have triedeverythingthatlcouldtoinaintain itand I am still trying to come throughwith that major promise... But it ishard to dowhentherearepeople, including the person thatI ran withlastyear [Paul Beyer], who are constantly pushing for more disunity rather thanunity... Q: How has your working relationship with othermembers oftheExecutive Committeebeen? Howhas it affected theeffectivenessoftheSBA ? A:\\ hasbeeu tense. It has not been easy. Q: How haveyoubeenabletogetanythingdone, under thecircumstances? A: Itreally begins withfocus. I feel Iwas elected to provide a service to lawstudents. IfI concentrate on the political atmosphere thathas been thrust upon me orthepersonal problems thatI am having withcertain people, then I lose track of whatmy major purpose is, to help students. Ithas been a very challenging semester for many law students. Many studentshavelostintimate family members. We havehad thedeathofa fellow student[Michelle Obleman ]. Therehavebeenmany studentswith serious illnesses. As President, I think it was importantfor me to be there in any way I couldto show thatthe law schoolwas with them. I called themand sent letters andcardsofsupport...I visited them in the hospital. These are studentswhoalso need help. It comes back to what I said focus. Service to students, that is why I am here. It is almostunbelievablethat we havebeenable to get stuffdone, under thecircumstances. only one example from a long list... Ifthis matter regarded any otherstudentI wouldstill wantthings donefairly. This isa lawschool, we're not inhigh school. We knowthatthereisaproper wayofdoing things. Q: You holdthe highest office in our student government at theLawSchool. Youarea student ofcolor heading a student body that ispredominantly white. Some students haveexpressed the concern that racism might be involved in this controversy... Do you think that racism is involved? A: 1can't say.I thinkit is probably a combination ofmany factors...but it wouldbe wrongforme to speculate... Live in the heart of historic Greenwich Village this summer. � Central location in NYC's most charming neighborhood � Apartments with private bedrooms in modern, air-conditioned, 24-hour security buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series . 6 The Opinion February % 1994 Q: I haveheardseveralstudentscomment that allthree ofyou, Marc, Paulandyou, shouldallbe thrownout ofoffice... A: Well I'll tellyou, I thinkrecall electionsare fine,but it shouldbe doneproperly. I thinkstudents shouldhave an opportunity to voicetheir opinion and reevaluate whether a person is providing services for them and doing the best job for them...But thetruth is thatall three ofus, and the othermembersoftheboard, haveincredibletalent. The question is how you apply those talents...Studentsshould have an opportunity to express whether we are applying those talentsin theirinterest. Ifthestudentbody feelsthateach one ofus shouldberemoved then they have theright todoit. I havetried to healany woundsthatexisted. Ihave doneit openly inletters to MarcandPaul that were published in' 'TheOpinion" stating that we are hurting the studentbody. We can sitdownand trytohealtheproblems that are there. This semester began great, but it turned just as sharply, and unexpectedly, as last semester. I thinkthatwhat a lotof people don't see was characterized in the cartoon by KathyKorbuly in''The Opinion" of Marc choking meand mechoking Marc.. Q: There is a rumor that you were assaulted during thelastSBA meeting. A:[Saultan recounts how hewas injured after Marc Panepinto grabbed his ami in trying to get papersaway from him.]...there is absolutely no excuse forany law student to beassaulted in this manner. I calledCampusPoliceand gave thema full report. When the police left me alone in the office for a moment, Kevin Collins, a Class Director, said to me" You're going to getyours!''. Ireported this as well. I grewup inBrooklyn and I haveknown people who were killed after being threatenedwithless. Giventhefactthatldon'tliave Q:Looks like shehad a crystal ba11... a car andmy bicycle was stolenundervery unusual /1.-...we1l the thing is thatsimilar to thesituation circumstances, I have to walkhome at night and I thatoccurred lastWednesday with theassault, itis am now veryconcernedaboutmy safety... not a situationwherehe is choking me and I am choking him. lam theone getting choked, here. I Q: Wait. Ihave two questions. Areyou trying am not the aggressor, and I haven't been the to say thatyou thinkyou are inphysical danger? aggressor. There are timeswhen I haven't even A: I feel lam inphysical danger. Like I said responded. before, even before I became President, people's tempers, including some ofthose involved, went Q: Giventhe turmoil, why haven'tyouresigned? over theboilingpoint. Iwasn't about to just sit by A:\ speak to a lot of students and I am still this timeand letit rest. working hard to help them in any wayI possibly can. Tuewayllookatitisthatstudentshaveelected Q:Areyoualso suggesting thatthe theftof your me to do workfor them. lam doing mybest to do bike is related? that job. Ifstudentsfeel thatI shouldberemoved A: There is absolutely no evidence of that... becausethey are not satisfiedwith thejobl'm doing There havebeen some leadsbutl don'thaveany then theyhave theoption. But as long as I feel that detailsregarding this, at this time.But thepoint is I am still working for students and am able to thatI don'thaveany transportation and I have to provide the thingsthat they want, then.. .1 don'tsee walk to andfromhomeand Iam very concernedfor theneed to resign. I will continue to domybest. my safety. Q: Areyougoingto lookback on all ofthisas Q:Areyou seeking legal recourse for eitherthe onebignightmareorasatraininggroundforyour assaultor the threats? A: 1 can't discuss that at this time.. .Igrewup legalcareer? A:I didn'tcometolaw school to learn this, but in a rough neighborhood inBrooklyn, I finished fe is a teacher, youknow, andyou learn fromall li high school, undergraduate school, received a masters and here I am in law school and its like the experiences thatyouhave. I havelearned a lot dealing with thugs, like street thugs in Brooklyn. from this experience. I havelearned a lot about human nature... — A: Not only haveother departments, such as Economics, taken over space,but even theMoot Court room is used more byundergraduates than Q: You arefacing a potentialrecall election. by lawstudents. O'Brian has less ofan identity as Howhave thingsprogressed to this? alaw school. I havespoken on severaloccasions A: Thereis no doubtthatthe Treasurer [Marc with President Greinerregarding thepossibility of Panepinto] and the Vice-President [Paul Beyer] anewbuilding for thelaw school. The lawschool havebeen workingin tandem I don' t know what ought to haveits own identity. But building a new motivates them and I don't want to speculate. building will takemanyyears.The problem is lack Although I disagree with many aspects of the of space and the inability to develop a lot ofthe committee report, it suggested thattheir actions space in O'BrianHall dueto asbestos. It was very ''were not intended[as] a balancedreview offacts hard to find available space. I was able to work butapoliticallymotivated hit'..."lcan'tgetinside successfully with theDean to getspace on the sixth theirheadsand explain it. floor, Room 603. TheDean was sensitiveto thefact thatstudentsneededspace. It was a very important Q: Allegationsofunconstitutionalactivities were gain. We were effective in communicating our made against you. These include allegations of need. Room 603 used tobeavery largelibrary that inappropriate use offunds and misuse oftelebel ongedto theLaw Review.We were able to work, phones. Youhaveexplainedyourposition on these through a lot of discussions. It took a lot of allegations on several occasions and you excompellingand persuading to get that space. pressed concernover theway the allegations were raised andhandledby the committee... A:...It hasjust not been handledproperly. ..Marc Q: There seems to be mixedfeel ings on thepart ofsome membersof'Lawßeview, and others, over has accused me oftryingto hidebehind procedure. theoffice space issue. Some say theyrecognize the I am not tryingtohidebehind procedure.I just want spaceproblems, but otherfeel that they thattheir to ensure thatI havefair dueprocess, which is what work that theydid justifiedthespai -c they had. How anyone would want. I voiced concern early in the didyou work with them to arrange an agreement? process thatbiased people were on thecommittee. No one on theSBA disputes that some committee A:\i\ general,I don'tthink anyonequest ionsthe membershad knowledgeoftheallegations prior to role thatLaw Review playsatUH.il is one ofthe the October meeting, but they were kept on the oldest student organizations in thelaw school. Its panel. Thatdefeatsailsenseoffaimess.Thiswas I would neverhave expected this type ofthing in law school. I SPECIAL SUMMER RATES One-Week Minimum Stay **• * May 21—August 13, 1994 - "*- I I FAX or Mail to: Summer Living NYU School of Law I 240 Mercer Street I New York, NY 10012-1558 I FAX: 212-995-4033 .• For more information on the SummerLiving Program at the NYU School ofLaw residences, please FAX or mail the coupon below or call 212 998 6512 r From " I Name I Address I __ City I Day Phone ( ) . __^ Approximate dates of stay? State Evening Phone , Zip Code | | I School/Company/Affiliation JI New York University is an affirmative action equal opportunity institution A-5 �, Da BillsWin the Superbowl by Kevin P. Collins, ManagingEditor Someday that will be the headline in The Buffalo News and all the newspapers across Americaandaround the world. No,notthis year. Andnot forthepast four years. Butsomeday. Itmaynotbeinthe 19905, itmay not be in this century, and it may not be in ourlifetimes. But someday, that will beda headline. TheBuffalo Billsdeservealot ofcredit. They accomplished what no other team in the history of American professional sports- all sports, including football, baseball, basketball and hockey-has everdone:the Bills made it to the Championship game ofthe sport for four champion. consecutive years. Unfortunately, fortheßills The Bills and their fans talk alot about and their fans, they also accomplished whatno respect. They feel that they do notgetenough other team inthe history ofall Americansports respect nationally for whatthey have accomhas everdone either- they lost in the Champiplished. Butquick,name just 3 players from the onship game for the fourth consecutive year. Minnesota Vikings or DenverBroncos teams ofthepast TheVikings made ittothe Superbowl The Agony ofDefeat and Finishing four times in the 19705, 3 times in 4 years,and Second in Sports Sucks lost all four. Just like the Bills. And the Losing sucks. Anybody who saysotherBroncoshavebeen in the Superbowl fourtimes wiseis full of it. lam not talking about life in and lost all four times,justlike the Bills. Yet, general,but justaboutsports. Anybodywhohas when you think about the great teams ofthe played any kind ofcompetitive sports knows NFL, do you thinkoftheVikings ofthe 1970s that the tiling is to win. Just win baby. The or theDenver teamsthatkept going back to the phrase that"itis not whether you win orlose Superbowlandkeptlosing. Not. Andlbetyou buthowyouplay thegame" isbullslut Somecould onlyremember JohnElway as the quarbody put itbestwhen itwas saidthat' 'youshow terback oftheBroncos (andbefore him Craig me a goodloser, and I' 11show you a loser." Morton)and FranTarkenton as thequarterback Weallknow"Wideright!" Norwood's ofthe Vikings. Andyouprobably only rememboot that sailed offto theright as time expired ber Fran Tarkenton because he does those washedaway theBills' chance ataSuperbowl stupid infomercialson TV with Anthony Robvictory four yearsago. They hada goodchance erts aboutbeing psychologically powerful and to win that game. They didn't. And they gettingrich and crap like that. Sucks, change haven't come close in the past three years. it. Yet, those teams werefull ofgreat players. Three years ago,Thurman Thomas couldn't Great players on teams that never won the find his helmet as the game started. That Superbowl, lost the Superbowl four times in a Superbowlwasoverbyhalftime. Lastyear.the row,and arenow forgotten. How manydoyou Bills, led by Thurman Thomas, committed a remember? How many are in the NFL Hall of record nine turnovers on their way to getting Fame? To the victor goes the spoils. Ifyou destroyed and embarrassed by the superior wantrespect,youhavetoearnit. Youdon'task forit. Youwin,youearnit. Youdon'tquit,you Dallas Cowboys. And this year, the fourth and latest in earn it. I respect the Bills for going to four these historic and record defeats, was "The Fumble." The Bills led at halftime, 13-7. In straight Superbowls. But I do not respect the first series ofthe third quarter, Thurman Thomas quittingearly in the third quarter. Itis Thomas took thehandofffromquarterbackJim not enoughto just to sayyou have tobe in it to Kelly, and got hit and stripped of the ball by winit. To win itall, you have to hold on to the Dallas Cowboy defensivelineman LeonLett. ball. And you also have to possess a profesThe fumble waspickedup by Dallasdefensive sional attitude and never quit Onlast Sunday, the Bills didnot hold on to the ball. Andwhen star ofthe game, James Washington, and reat hi foratouchdown to tiethe 13. game things got rough, they gave up. Too bad. turned I could go into why I thinkthe Bills only the Bills Because as rewatched the game, fact, I fourth havelostfour Superbowls in arow, andwhythe in early a touchdown the trailed by has lost the last ten million years to the AFC quarter. BetterteamsintheNFC. "The Fumble" NFC. Bettercoaches. by After they quit. But Thurman Thomas, heand the Bills quit. Bad Bigger dudes in the NFC that John Madden things started to happen, man, bad things. likes to talk aboutand draw diagrams shouting Thomas wentto the sidelines, put his head in "say thisguyjustpushesyouandboom!" But a towel,and gaveup afterhis second fumbleof all that is another story and another beer conthe game. He said hehad crampsand couldn't versation, lam justpissedoffbecausethe Bills play again untilthefourth quarter. Anyonewho quit last Sunday while their fans have never believes that has cramps in their head. Just a quit. fewweeksearlier, DallasCowboy starrunning backand Superbowl MVP,Emmitt Snu thhad single-handedly beat theNew York Giants by gaining 165 yards with a separated shoulder. And Smith carriedDa Boys on his back by the Green Bay Packers, crushing the San Francisco 49'ersandshowingtheBillsatruewinnerand Buffalo People are Really Hungry,and I'mNot Just Talkin' Chicken Wings Youcan hear their stomachs growl. I mean it. Andyou also see it in theireyes. really Daßills' fans hungerand long forthatelusive Superbowlvictory. And you know what, they Jack B.Weinstein Chosen as 12thAnnual Devitt AwardWinner United States District Court Judge for the Eastern District of New York JackB. Weinstein is therecipient ofthe Twelfth Annual Edward J. DevittDistinguished Service to JusticeAward. JudgeWeinstein is honored for his outstanding contributions tojustice as a developer ofthe law, a teacher ofthe law, a writer,and a jurist. JudgeWeinstein wasselected fortheDevitt Award bya committee comprised ofJusticeAntonin Scalia ofthe United States Supreme Court, Chief Judge William J. Bauer ofthe Seventh Circuit Court ofAppeals, andUnited States District Judge Oliver Gasch ofthe District ofColumbia. The award, established to recognize extraordinary service by members of the Federal Judiciary, is made available by West Publishing Company in the name ofEdward J. Devilt, long-time Chief Judge for the District of Minnesota. JudgeDevittdiedMarch2,l992. The honor is symbolized by an inscribed crystal obelisk. Presentation will be made to Judge Weinstein at a tune and location to be named later. disliked that even today's Ranger fans still chant in pureNew York hatred. In basketball, the cool thing is to root for anyone now that Michael Jordan has retired. Now other teams have a chance to win a Championship. But who knows, is Jordan really retired? Well, that'salso another story (and a so-so Superbowl halftimecommercial). So,whatoffootball? IrespectNew York Giant fans. I know the Giants have won two deserve it. Hailing from New York City myself, I sometimes get turned offwithall theBills hype around Buffalo. I mean it's like every Bills player and their grandmother has a TV and radio show. Everybody in Buffalo wearsBills' hats, jackets, sweatshirts, pants, and socks. I even sawawomen withaßilIs bow in her hair. The Bills' logo is on cars, instore windows and on people's houses. And when I go to shop, Bills' memorabiliaiseverywhere. I oncewas Superbowlsrecently,and oneagainst theBills. in a store that was selling Bills' bricks. Toy But remember, the Giantssucked in the 1970s rubberbricks withthe word "Bills" written on and early'Bos. They once had a gamewon. I it. Whatthehellareyougoingtodowiththat? meanman itwasOVEß. Allthathadtobedone The Bills made me want to puke. was kneeldown for one more play, time would Butstilljrespectthe Bills' fans. No.not expireand theGiants would winthe game. But because, assome say, theBills (and the hockey on thelastplay off thegame, the simplestplay Sabres) is theonlytiling people inBuffalo have. ofthe game,the quarterbackrumbled the ball, thePhiladelphia Eagles picked itupand ran it No, notbecause thereis no pro fessionalbaseball or basketball in Buffalo. And no, not back for a touchdown to win the game. Some because a lot of factories in Buffalo have call it "The Miracle at the Meadowlands." closed and wentto Mexico. Irespect Bills'fans The players stood in disbelief. Fans stood because they don't quit. Yearafter year, they outsidefor hours burning, yes burning, their root for their team. There's something to be remaining tickets to the rest of that season's games. Butno matter how bad the Giantswere, said for that. theirfans stayedwith them. There is no harder / respect Bills because ticket to get than a ticket to a Giant game. They'resoldoutuntilKingdomCome. lonce they don't quit Year called up to try to charge some tickets. The their team. w(>menanswering thephone laughed atmeand year, they root There *s something to be said told me to call back in twenty years, as the Giants were all sold out until then. I have it that marked on my calendar. In sixteen years, I'm In baseball, the cool, hip thing to do is going to callback and getmy tickets. And I'm root fordie Chicago Cubs. Now, those Cubbie also going to tell her that I didn'tappreciate fans are real. Their hunger willput the Bills beinglaughed at. So, maybe now the cool thing to do in fans' hungerto shame. TheCubshavenotwon football is root for the Bills. And root for the a world series inwhat-twomajorworld wars, Bills' fans. Year after year, the Bills' fans tenpresidents, sixpopes and seventy years. Or something like that. And they also havea cool standbytheir team and root for the Bills incold, stadium. The attendants will even pour your snow-covered OrchardPark stadium. Itmaybe beer for you as you sit in the shade by the ivy fanatical, itmay be scary, butitisloyalty. And walls watching the game being watched by itisnotquitting. No matterhow disheartening the Superbowllosseshavebeen,theßills' fans people in the roof across the street. In hockey, where I comefrom thechic stay loyal to theirteam and do not quit on them. thing isrootin'fortheNew York Rangers. And, And that's why I waspissedoffwhen theBills, that'snot easy. In fact, it's harder than rootin and especially Thurman Thomas, quit after for theBills and I' 11 tellyou why. Because in ' 'TheFumble in last Sunday's Superbowl. the 1980s,theNew York Islanders,the Rangers Because to be awinner, youcan't bea quitter. crosstown rivals, wonfour straight Stanley Cup Andlwantto seetheBills win aSuperbowl. If Championships. Andtheßangershavenotwon not forthe team, then forthe fans. Hopefully, itall since 1940. And don't think they don't sometime soon, headlines across the world hear it. When theRangersplay the Islanders, newspapers and sports magazines will declare listen for the chant" 1940,1940." It drives and read "THE BILLS WIN THE SUPERBOWL." Rangers' fans berserk. But they're cool. BeI justhope thatheadline willnot appear cause in all o fmy sports following and travels, next You see, I'm a die-hard Dallas year. some ofthe coolest, most knowledgeable and Iwant theCowboysto become Cowboy fan and true fans sit up in the cheap, nose bleed seats thefirstNFL team ever to three-peat nextyear. in Madison Square Garden. Yearafter year, win the Superbowl. I, as a Then, theBills can they situp thereyelling and screaming, munchstuck with theCowboys and never Cowboy fan, $4 $4.50 ing down hot dogs and glasses of on them, even whenthey were the worst quit for watered-down beer waiting the first Stanley team theNFL the with a 1-15 record. in in 1980s Cup victory since 1940. And they also yell, Now, not on team, and withthe having quit my Potvan after every organ chant," sucks.'' This is to berateaNew YorkIslanderplayer who lias teamnot having quitin theSuperbowl, I can say been retired for nearly a decade, but was so with pride,' 'How 'boutthem Cowboys!'' 'fans for after for ...Confessions. , continuedfivmpage3 "No,no,"hesaid. "Imean'Whathas happened to you sinceyourfirst semesterof law schoolatUß?'" He told me wehad been 1 Ls together, Herecalledhowconfidentlhad been thatfirst semester, how enthusiasticabout dielawand how sureofmy futureplace in it. ' 'Well, I guessyou can trace itall back to thatfirst exam," Isaid. "CrimLaw. Remember?" Hedid. "Theonewiththebigquestion about felonymUrder.right?'' "Yeah, that'stheone,"lsaid. "Only Ididn'tseeany questionabout felony murder on that test at the time." "Oh," he said, his eyes going wide withimmediaterecognition and understanding. ' 'That explains everything.'' I wake from my nightmare with those words in my head. It's Buffalo-cold in my bedroom, but I 'm sweating. I get upand go into the sparebedroom thatmy wifeand son have given up tomeas a study. My books for the day's classes are just as I left them. The assigned cases are read, highlighted and briefed. Everything's okay, I tellmyself. But something is missing, and I know it. Before the day is out, I'll find myself standing in frontofthegrade-po stingboard on the thirdfloor-standing thereand looking for answers to the same questions that have haunted me for the past two months. And I won'tbe alone. One day soon, I hear,we'll allhave our answers. But for now, all I've got is this damn nightmare. This,andarcassuringnotionthat, here at the University ofBuffalo School of Law, I amprobably not the firstto dreamsuch bad dreams in theweeksafter ourfirst semester, nor the last. February ?,1994 The Opinion 7 �The Roaming Photographer by Staff This Week's Question: "Having gone down in their fourth straight defeat,what advice would you give the Bills?" Peter Beadle, IL "You're a great team. Keep doing whatyou're doing.Keep the dreamalive.'' Helen Pundurs, 3L ' 'Concentrate on thepossibility ofsuc- Mo,3L Shawn Carey, IL ''Learn aboutthe bell curve...." Trade ThurmanThomas... cessrather than the fear offailure.. .or in the alternative.. .do shots before the game.'' Movie Review: Schindler's List: Not Just A Movie, It's An Experience By Jeffrey Weiss, Contributor death; six millionheartsracing out offear; and sixmillion souls going toheaven, neveragain seeing the sunrise in the morning or the childrenplaying ona summer's afternoon. This true story focuses around Oscar Schindler, masterfully played o also happens to be a member ofthe Nazi party. At first, Schindler is driven by greed toprofitas much as possible from the war. He successfully winesand dinesanumberofkeyNaziofficials and bribes a few others,sothat his flourishing warsupply factory, whichhepractically stole from its formerJewish owners, would not be disturbed by hisfellow Nazi party members. Schindler decided to useaJewish labor force inhis factory because hecouldpay them very little, therefore profiting even more. At the same time, all ofthe other Jews in Germany were being rounded up and placed in certain camps thatwould ultimately bethesite oftheir liquidation. ago. Schindler seemed quite indifferent to the plight oftheJews in the early going, butas While mostpeople realize that timewenton,hebegantowitnesstheatrocities live and up close. Oneofthemostmemorable over six million Jews were scenes in the mo vieoccurred whenitappeared slaughtered, the magnitude tobe snowing as Schindler left his factory, but thesuffering that took place hesuddenly realized thatthey were not snowflakes. Itwasash from thepilesofdeadbodies duringthe holocaust can never thatwere being seton firethatwas falling from actuallybe comprehended thesky.Theturning pointfor Schindlerseemed While most peoplerealize that oversix to take place when he was watching a vast millionJews were slaughtered, die magnit tide niunberofJews being led away by the Nazis. of the suffering that took place during the All of the scenes in Germany were filmed in holocaust can never actually be comprehended. black and white, but there was one little girl It issimply a task thatis unfathomable. Howwhoappeared tobeabout fiveyearsold and was ever, Spielberg's unmatched abilityasadirec - wearing a brightred jacket,which signified tordoes give theaudience ascathing look atthe thatthisinnocent and helpless beautifulchild terror lhat transpired. The viewerrealizes that was the center of Schindler's attention. The six millionpeople murdered is more than just audience and Schindler breathed a sigh of abig number. It is six millioncoldstairsbefore reliefwhen they sawhcrrun into an abandoned Theghastly glowofdeaththat is present on the face ofevery memberin theaudience at a typical showing ofSteven Spielberg's epic Holocaustexperience,Schindler'sList,clearly indicates justhow overwhelming and unparalleled this movie is. This Holocaust depiction willhauntyou forever. When youpassa vibrant youngchild frolicking inaplayground, you will remember thatover one millioninnocentchildren and babies were brutally put to death because they werebomJewish. Whenyoupass an elderly person on the street, you will be , reminded of the Nazis decision to send the older Jews to the death camp, where their energieswere quicklysapped out and thentheir lives were put to a calculated end. Finally, whenyou look in themirror,you will discover thatyou are part ofthehuman race. The same race that wasresponsible fortheseastonishing atrocities that took place less thanfifty years of building, hoping to evade theimminentdanger. Neeson, Ben Kingsley and newcomer Ralph A few scenes later, as Schindler waswalking Fiennes were simply outstanding. Theirstunthrough a liquidation camp to meet with an ningly lifelike portrayals, along with acquaintance, hewas overwhelmed withsadSpielberg's magical abilities as a director, ness when he passed byapile ofmurderedJews, make you beliethat youaresomehow watching one ofthem being the little girl still wearing the eventsas theyactually transpired. Fiennes her brightred jacket. was most remarkable as the head Nazi in Schindler decided to attempt to saveas charge ofthe camp where Schindler's Jews many Jews as possible from the terrors and were forced to stay while in Germany. His brutality ofthe Nazis. His plan was totransport portrayal was as remarkable as his character his Jewishfactory workers to a newfactory in wasruthless. He personally murdered hunhishomecountryofCzechoslovakia. Schindler dredsofJewswithoutanyshowingofremorse. cameup with "TheList," whichconsistedof Sometimes hekilled forrecreation, like achild over elevenhundred Jews who would bere- at a shooting gallery. What made Fienes character so terrifying was hislack ofemotion. Hedid not seem to enjoy the taskoforganizing This movie is a monumental thedeathsofthousandsofinnocentpeople.nor more experience. It lasts didhe seem the least bitbothered; he saw his taskas justanotherjob, no different than three and a murderous hours, than shipping supplies across Europe. The and will be the most audience is simply shocked by his indiffer- for half depressing,yetpowerfulfilm you will ever witness. moved frorntheclutchesoftheNazicampsand senttothis safe haven. The listrepresented life ina world ofdeath and destruction. Schindler resorted to one ofliisfavorite pastimes to pull offthis stunt, bribery. Dozens ofkey Nazis, many ofwhom were Schindler's friends, received large sums ofmoney so that the plan could cometo life. The vastness ofthe bribes was so voluminous that by the war's end, Schindler, who had been one ofthewealthiest menin Germany in theearly 1940's, was nearly penniless. However, when the factory was liberated by the Russians, Schindler broke down in tears; howling that hecouldhave done more despite giving away his entire fortune through bribesand otherfavors. The threelead actors in this film, Liam ence. This movie is a monumental experience. It lasts for more than three and a half hours, and will be the most depressing, yet powerful filmyouwilleverwitness. Unfortunately, many people are choosing not to see Schindler'sList forthat unworthyreason. My friends, in orderto fully understand history, we must embrace the truth withopenarms. Ifwe choose to turn our backs on the Holocaust simply because itis too depressing ofa topic, then whenconfronted withthequestion,' 'What did we learn from the Holocaust?" I would havetosay "Absolutelynothing." Thisarticle is dedicated to myold friend and Schindler's List survivor Maurice, who passedawaywhenlwasmuchyounger. "Your strength, courageand dignityare my inspiration. I shall never forget the 6 million. I promise." What about you,readers? ...Priest, continuedfrompage 1 die school was Rep. Louise Slaughter (DRochesier). The amendment will be introducedagain in the Spring. In response to increased public awareness, the SOA recently instituted a class in humanrights. However, students are quick to realize that it is not a serious course. Fr. Bourgeois said that, ' 'You can require 1 ,000 , hours ofhumanrights classes, and it wouldn t Congressional Budget that would eliminate change things." funding for the SOA. The amendment was Given its initial goal offighting commudefeated in theHouseofRepresentatives by a nism, the SOA has also been seenas increasvoteof2s6to 175. Theonly Western NewYork ingly obsolete since the end ofthe cold war. Representative to vote in favor ofde-funding ' 'There is trouble because the boogey-man is efforts, during which time he contacted the media to exposethe inhumanenature offunding for the SOA. "It's atheft ofthe poorhere to hurt the poor in Latin America," said Fr. Bourgeois. "We ought to be training carpenters, agronomists and teachers, instead. '' U.S. Representative JoeKennedy (DRhode Island) introduced an amendmentto the 8 The Opinion February 9,1994 gone," saidBourgeois. Bourgeois is planning a4O-day fast startingApril 1 lthoutsidetheCapitolin Washington, DC, to put pressure on legislators to vote against funding for theSOA. TheLatin American SolidarityCommitteeis organizing alocal protesttocoincidewithFr.Bourgeois' fast. In addition, theyare seeking volunteerswho are willing to participate in thefast inWashington for one week. Fr. Bourgeois is also asking citizens to get involved bylobbying theirlegislatorsand contacting themedia on this issue. Father Bourgeois endedhistalkwithan Romero: "Wewhohaveavoicemustspeakfor the voiceless." Thelecture wassponsored by theGraduate Group on Human Rights, the National Lawyer's Guildand theLatin American Solidarity Committee. The Graduate Group is sponsoringalectureonFebruary 17at 1 :00 pm , in545 O Brian Hall by SueTomkins, Clinical Instructor oftiieLaw School Domestic Violence Clinic, entitled, "Woman's and Children's Rights: ALocal Perspective.'' Ms. Tomkins willfi >cuson community responses to (he problem ofviolence against women and appropriatequote from slain ArchbishopOscar children. �Help Is OutThere For Law Students byLeslie!'. Machado, Contributor While most law students are aware of the many servicesthatthelaw schoolprovides, such as the CareerDevelopment Office, and the various studentorganizations, few realize that there are options available to those who areexperiencingproblemswith drugs or alcohol, personal problems or other difficulties. AundraNewell, the Associate Dean for Student Affairs, is the person at thelaw school to whom students oftengo to foradvice. She said that her main duty is torefer the students to the various resources available to them. "Basically, I do referrals because we don't have in-house counselors or medical professionals to help people deal with the physical or psychological problems thatthey maybe experiencing,'' Newell said.''Within the University community, when a student comes to me, whatever theproblem is, there is someagency or groupaffiliated with theUniversity that at least I can referthe student to. "I refer people to the Student Health Center, where theyhave specific counselors to dealwith drug abuse, alcohol abuse, psychiatric counseling, just forUB students. For students who are experiencing emotional problems and are in need ofsomecounseling, Irefer students to the Counseling Center which is on this campus," Newell added. The Counseling Center, whichis located in Richmond Quad inthe EllicottComplex, has counselors who deal with students both on a one-to-one and a group basis. Dr. Perryanne Davis, the training director at the center, said the Center offers a wide array of support services to students. "Wenmworkshopswithtopics rangingfrom stressmanagementto text anxiety to procrastination," Davis said"WealsoofTera special group designed specially for graduate students which dealswith avariety ofconcerns regardingrelationships. ' 'The counseling whichwe offerbeginswith aninitial assessment. Afterthat,the student and the counselor come up with an appropriate plan. Generally, most students attend a maximum of 12 sessions with some attending less. Wealso providereferrals after the initial meeting or even after the twelve sessions ifwe feel they need more assistance than wecan offer. "We wantto encourage students who might be beginning to experience difficulties in their lives not to wait until it becomes ufibearablebefore seekingassistance.'' Newell said while students oftencome to herforad vice, thatis by no means necessary. "Everything is strictly confidential if they come through this office or ifthey go directly to the counseling center," Newell said. "The counseling center doesn'treport back here. No confidencesare betrayed. "If they wantto come to someone inthe Law School, I am the person. But itis by no means required that they come to this office. Andmosto ftliestudents who come in, come in because they don'tknowabout these services orit'saunique problemand they feel comfortabletalking to me justbecausethey know me." WhiletheCounselingCenterofferscounseling on a variety ofproblems, studentswith problems with drugs or alcohol are directed to RESOURCES A VAILABLE: I Counseling Center 120Richmond Quad Ellicott Complex, North Campus I I I 645-2720 I I I I Group Legal Services (Landlord/Tenant Disputes) Room 377 Student Union, North Campus I I I I 645-3056 Student Health Services Michael Hall, South Campus 829-3316 Alcohol/Drug/Psychiatric /Social Worker Assistance Michael Hall, South Campus 829-2789 Alcoholics Anonymous (AA) 853-0388 Narcotics Anonymous (NA) 878-2316 the Main Street campus. John Grande, the ment asan inpatient Hesaidbothgroup therapy addiction-medicine clinician at the center, and individual therapy is used. According to said that students areassessedonan individual Grande, alcohol and drug abuse are progresbasis beforeany treatment is prescribed. sive diseases in which the primary elementis ' 'There is a four-page assessment form denialoranunconscious misrepresentation of which the studentand the counselor gooverin the truth. He said students often build up a order to get some idea ofthe severity ofthe , system of alibis and excuses in an effort to problem, ' Grande said.''Based uponthe level avoid being labeled. orthe difficulties the person is experiencing, ' 'The biggesthurdle is stilladmittance the recommendation is made for treatment. ofaproblem," Grande said. "Theproblemof The recommendation is never an individual recognition can be compounded with medical decision." or law students whofeel because they got into Grande saidtherecommendation is made law school, they can'thaveproblem." by a group ofcounselors and can range from Grande cited three warning signs for Student Health Services at Michael Hall on nothing to treatmentas an outpatient to treatstudents to be wary of: (1) Growing rigidity around times of use; (2) Increasing amounts ofintake to get the same desired effect (tolerance); (3) Loss ofcontrol or the drinking of BAR REVIEW more than anticipated; Newell said students have nothing to fear with respect to their future as lawyers. "The students, particularly with substance abuse people, that's not something that we report,'' Newell said. "Whenastudentcomes to me, they wanthelp in overcoming the substance abuseproblem and that's exactly what the character and fitness people wantto see. But it's not something thatwe report. Newell said the Bar Association isalso available as an additional resource for the A ISO OFF FREE lOOOFF " Of students. "I don'treferpeopledirectly to the The Gilbert New York JS The Arthur Miller mm The New York F Bar Associationbecause theirprimary focusis JS 3 wl CPLR Mini-Review. mam I jßjmmm Bar Review course Wst Essay Advantage M_M M for the practicing attorneys," Newell said. ■"� � ■ (Regular course tuition of $1475. tuition of $225. MMIW tuition: $75) "But whatever services they offer, they have (Your tuition: $1325) (Your tuition: $125) extended a lecture format/information format to law students. I know forsubstance abuse, f $ they have been sendingrepresentatives into do ™v "™ FREE FREE I*OOFF a presentations, whichis wonderful, because it The New York The Gilbert New York The Arthur Miller I $^f^% Jl Mini-Review, course CPLR "W* Essay Advantage mm gives the students an additionalresource. If J Bar Review (Regular BAR/BRI (Regular course •# ■"� W W tuition of $1475. want to talk to somebody in the legal they tuition: $75) student tuition: $225) (Your tuition: $1325) profession whohas had thisproblemand wants to overcome it, then they can contact somebody at theBarAssociation orcomehereand C S FREE 22SOFF FREE I can put them in contact withsomeone. IS The Gilbert New York JL. The Arthur Miller mmm jf T The New York IQQn "The important step isforthe students '� �w Essay Advantage Tp CPLR Mini-Review. Bar Review course to (Regular course realize thatthey have the problemand then (Regular BAR/BRI tuition of $1475. lAQ7 tuition: $75) |# #/ student tuition: $225) (Your tuition: $1250) wantto do somethingabout it, want to overcome it. If they come to me, I'm going to give them the options that they have in helping to The BAR/BRI Course includes: do that Newelladded . BAR/BRI ■ ■ ■■ New York Course Here's what you get: . *rn!*!m " S^ « InAf It#st mSiTm iAA°i V^iV Coverage on all Multistate • Expert and New York Topics Concise Outlines • Comprehensive, of New York and Multistate Uw • Mini-Review Volume Condensing than 100 Essays-All With • More Model Answers Essays • Attorney-Graded ' ■\|cl than 2500 Multistate Questions, • More All with Model Answers / • BAR/BRI Multistate Workshop # • , ,, .° i wSm '"div.dualiied Attention ber r— |k\ MNtt^C^T'^B /^HfJ BAR/BRI Essay Workshop Q & A Clinic™ • .... , • ?"(Non-BAR/BRI *."^i . ****. RN|3 , 6, W rkS P c student tuition: $325) " «° bar review New York's Largest and Most Personalized Bar Review Course ©1994 BAR/BRI February 9,1994 The Opinion 9 �Humor Column: Alumni Focus: A New Image For UB Law International Lawyer Ellen Yost, Class of 1983 byJoeßroadbent, Contributor This issue's Alumni Focus spotlights Ellen Ginsberg Yost, a member ofthe U.B. Law SchoolClassof 1983. Aftergraduation, Ms. Yost worked for two large Buffalo law firms. Then,in 1991 ,Ms. Yostfonned the firm ofGriffith& Yost withEdward Griffith, Jr. Ms. Yost explained that she generally enjoyed practicing corporate law in a large firm, but desired to concentrate her practice on international law, specifically business immigration law, which concerns, among other things, the temporary entry of businesspersonsintotheU.S. Aftershe began to advise businesspersons about immigration law, Ms. Yost discovered that there was a need for attorneys knowledgeable in both corporate and immigration law, Since shefelt that shecouldnot practiceinternational corporate law in alarge firm, Ms. Yostand Mr. Griffith decided to leave the large firms wheretheywere employedand formtheirown firm, so, in 1991,they opened theirown firm in the Key Center, overlooking the Peace Yost enjoys Bridge and Canada. working inher own firm because it givesher the opportunity to interactwith her clients on a more personal level than is possible in a large firm. Italso allows her to specialize in a field that she enjoys, which is not always possible when working in a larger firm. Her firm receives many unsolicited resumes from law students throughout the state due to the tight job market, said Ms. Yost. She feels that part of the reason law students have such difficulty finding jobs after graduationis because law schools cur- havebecome the biggest farce since the Israeli-PLO agreement.'' Ben Dwyer, firstyeardirector, said:''At the very least, you owe to thepeoplewhoyou convinced to vote for you regular attendance at the meetings." Steve Lee, SBA secretary, said in his three years on the SBA, he's never seen theSßAinsuch badshape. ' 'I think this isthe lowest point the SBA has sunk to," hesaid. Althoughanyactionconcerning this issue wouldn't take effect reiitly admit too many students. As aresult, tliereare too many lawyers competing forthe limited number ofjobs. Ms. Yostadviseslaw students to keep an open mind about job opportunitiesandtowork as volunteers while job-hunting. Even ifsomeone is unableto find "thejob,"heorshe shouldconsidertakinga jobthatmightonly beasecondorthird choice, as it may turn outto be justas fulfilling. Yost feels that UB did a good job of teaching her to dunk like alawyer, which is more important than simply learning black letterlaw. HerfavoriteclasswhileatUßwas herfirst-yearTortsclass, which wastaughtby her favorite professor, former Dean Jacob Hyman. Ms.YostdescribedProfessorHyman as eloquent and having a " contagious love of the law." Ms. Yost's firm currently practices in theareas ofimmigration, tax, corporate, and real estate law and recentlyopened anoffice ...AlumniFocus,continuedonpagell this year, Beyer said there will be a stricterpolicy in place fornextyear. Helen Punders, a third year directorwhohasstoppedgoing to the SBA meetings, said the SBA is at faultfor thelow turnoutat meetings. "TheSßAdoesn'tdoanything but snipe," she said. "It's been a majordisappoinftnent[and] awaste oftime. They [SBA] is failing the student body." Punders, along with Nicole Holder, has now beenautomatically expelled from the SBA because of her excessive absenteeism. Presentation OfPetit ion Criticized Baptiste was presented with the recall petition by first year student Frank Dec. Dec, a member of the NationalLawyers Guild, handed the petition to Baptiste during the Guild'sgroupreport atWednesday's SBA meeting. Baptiste said the intent be- -- "The reason I did it [grabbed the petition from Baptiste]," said ' confidence — The Opinion February 9,1994 - Baptiste responded: "Thatis garbage." He deniedhiding behind procedure, butaddressed theimpropriety of being presented with the petitionatthetimeitwasdone. "We haverules. Wehaveourconstitution. We have ourbylaws." Baptiste saidthatan issue must be put on the SBAagenda 24 hours before the meeting, which he said wasnotdone. "Nobodycametome," he said. - - - Board Strips President Of Fiduciary Powers; Baptiste IgnoresVote hindthe petition was "eviland mali- cious" and "politically motivated." "The manner in which this petition was presented is consistent with their [his political opponents] past actions," he said. "They have abused the process ofthe SBA by trying to make political hitsand by notdoing thingsproperly." Panepinto accusedBaptiste of "hiding behind procedure." He said Baptiste was trying to run the SBA like a dictatorship. - - - arm," he said. "I in no way retaliated." Panepinto, "was because the recall Baptiste said he has filed aswas inregard tohim and it would be sault charges with Campus Police. onFeb.2whenthetwowrestledover improper for him to bein possession Baptistelnjured ofthe petition. AftertheFeb. 2 meeting, Bappossession ofthe recall petition. called Campus Police to make When die SBA meeting was 'Lawstudents have no atiste complaint against Panepinto and moved fromroom 109to room 209, in the SBA liealso calledtheBaud Point Ambuthird-year Class Director Chuck lance Service. Baptiste complained Greenbergtookthe petitionand put anymore." it in his bag. As Greenbergwalked ofsoi eness in hisrighthand and arm. Mindy Birman, 2L "My fingers and elbow were both past room 108, Baptiste caught up with him and asked him for the peti"I don't trust him," he said. "I swollen," he said. tion. When Greenberg opened his wasn't going to allow him to alter Panepinto thought Baptiste's bag,Baptiste tookthe petition from student opinionby mishandling the injuries were dubious. "The presirecall petition. His track record of denthas seen fit to waste tax payers the bag. Panepinto saw Baptiste with unelh ical conduct speaksfor itself." money by calling Public Safety for Bapt isle said thatthere wasn't an incident involvingremoving pathe petition and grabbed the petition, which was in Baptiste'sright hand. a fight, but that he was assaulted by pers from his hand, hi addition, [he] After a brief strugglewith Baptiste, Panepinto. saw fit to call Baird Point Ambu"Myleft hand wasfull ofbooks lance service to examine his alleePanepinto got possession ofthepetiand papersat (lie timehe grabbed my tion. ..Scuffle, continuedon page 11 10 atUßLaw 14)UBLaw- Whereapathy isaproblemnoone cares about 15) UB Law Where its OK to be wrong, and people are OK most of the time 16)UBLaw 861 Students and 863 organiza- tions 17) UB Law - Where its OK to say what you feel, as long as its PC 18)UBLaw-Where ittakes 4 months to learn a subject and 5 months to grade it 19) UB Law Where chalk is scarce, butthe vending machines are always filled 20) Work intheCareer DevelopmentOffice, it mightbe the only jobyou get 21) Mimeos Mimeos when the hell are you openMimeos 22) UBLaw Weturn people intolawyers,then there on thereown not for 1)BuffaloLaw Where HQ does stand 23)UB Law We don'tjustteach for the bar, Headquarters and it shows , pretty another campus 2) BuffaloLaw -Not just 24)Hey Beavis.. .Uh HuhWhy don t they Uh 3)BuffaloLaw Where' "you getwhatyoupay 1luh justgiveH'sand Q'sasgradesHuhUhHuh for is not justanother clever cliche Huh Huh 4) Buffalo Law Home ofthe Schlegal 25) Every 2 Hours UB Law loses classroom 5) Buffalo Law Its not the heat, its the space humidity 26)UB Law - its not justa law school...well it 6) Buffalo Law Our Library has over 1.1 is just a law school million volumes and at least 1 millionare as 27)U8 Law - South ofthe Border., .wellitis recentasl9B6 28) UB Law Where everyone is absolutely 7) Buffalo Law Our 7 floor library has enough unique.. justlike everybodyelse 29) UBLaw - Where they have succeeded in books to fill6 floors 8) Its a Hallway, Its a Lounge, Its a Hallway quashing the competitive spiritand are now 9) Ifyou're not PC at UB then we'llrun your working on ourwill to live whitemale ass out oftown 30)UB Law Today is Feb. 8. It has been 54 no stinkinparking Parking...wedon'tneed days since the last final was taken Do you 10) available midknowwhere 12 11) UB Law Classrooms yourgrades are? Baptiste and Panepinto Scuffle Over Petition by Evan Baranoff,.'L , ayout Editor The verbal battle between SBAPresident SaullanBaptiste and Treasurer Marc Pjanepinto escalated night till 6 AM 12)UB Law Home ofthe Adjunct 13)UBLaw -Professorsarethebest Professors - ...Recall, con tinuedfrompage 1 "This is ridiculous," said Lynch..' ' Wecan't even vote because wedon't havequo'nim. "It'sadisgracethatthisorganization has garnered so little support among eachotherthat we're not even willing to sit in the same room witheach other," Lynch said. Chuck Greenberg, third year director, said: "The credibility of the SBA is at an all-time low. We by Steve Balet, Contributor Over the past several years ithas become increasingly more difficult to get accepted by UB Law School, yet our national ranking hasdropped over this sameperiod of time. I believe the reason for our drop in the rankings is simply lack ofnational publicity. That is why the "Committee for improving Buffalo Law's Image Because it's Ranking Has Slipped in the Polls Even Though Our Students are Better Qualified" has decided thatwhatUB needs inorder to gainthenational notoriety it deserves isanew slogan. The old slogan "UB LAW Hey we'rein Buffalo!" wasfound lacking. The following slogans have been offered to the student body forapproval. Please pick out the slogan thatyou like,write down diecorresponding number, and placetliat number in Box #715. Thankyou forparticipating, remember: only you can make a better Buffalo! byEvan Baranoff, LayoutEditor The SBA Board ofDirectors voted Jan. 26 to stripBaptisteofhis five Committee Report's findings [see TheOpinion issue ofDecember?, 1993],theBoard hadachoice of doing nothing, imposing some sanction on the president, or taking avoteofno confidence. Theßoard opted to sanction the president. The majority ofSBA mem'San ctioning thc agreed thatthepunishment fit bers president's spending the crime. "Based on the [Special Inpowers directly relates to Committee Report, vestigative] the verypower that he there seemed to be some impropri,, abused. etiesand we had aresponsibility to Vice President PaulBeyer thestudents to do somedi ingabout Fiduciary powers refer to an it," said Sue Etu, ILdirector. Chuck Greenberg, 3L, who Executive Board member'sability to signan encumbrance. The Board also voted for the sanction, said, "I votedß-5-linfavorofreiTu>vingthe felt hehadabused his powers and, while I likehim asafriend, hereally president's fiduciary powers. "Sanctioning the president's should know that as a representaspending powersdirectlyrelates to tive of the students, even the apthe very power that he abused," pearance ofimpropriety is not to be said Vice President Paul Beyer, lookedon favorably." Othermembersopposedthe whoproposed tliesanctions. "[Baptiste] should realize that he was sanction for variousreasons. First year class director and lucky to get offwithsuch a moderate sanction." chair of the Special Investigative The president has disre- Committee Ben Dwyer voted garded theBoard's vote, cliarging against thesanction becausehe said that itwas unconstitutional. "Last the Report punished the president week's meeting [Jan. 26] wasan enough. "Thereport isavery strong abuse," Baptiste said. "The vice statement and does goalong wayto president made a motion that was punishing him [Baptiste],'' Dwyer said. illegal. Dwyer added thatthe sanc"He [Beyer] knew what he was doing was illegal. His intent tionswould punish studentgroups was to use thisas a political tool to more than it would the president. mobilize for a recall and push for "Theresultofsanctioning his fiduciary powers wouldmake it more myremoval." Marc Panepinto difficultfor student organizations Treasurer for not criticized Baptiste abiding to gettheirß.E.P. forms signed," he "Thepresisaid.RE.P.fonnsareformsusedby by theßoard'sdecision. behind law student groups to requisition hiding procedure," dent is his from the SBA. that this shows theirfunds he said, adding ' 'dictatorial nature.'' First yearclassdirector Sada Manickam said he voted against According to Beyer, in reInvestigato theSpecial sponding „.Fuluciary,continuednextpage fiduciary poweis,however, thepresidenthasrefused to surrenderthese powers, saying the Board has no authority to do this. ' — �Opinion Mailbox, Response to Kalasnik's Letter Dear Jay Kalasnik: Thank you for your letter to the editor in last week's Opinion. YourlettercompelledmetoreflectonwhatDr.King, George Washington, AbrahamLincoln, and even Christopher Columbus meant to me. While I respect your opinion, my rebuttal will not indulge in futile comparisons ofthe historic accomplislunents that great Americans and veterans have contributed to this country. To comparetheaccomplishments of(lie many womenand men who have made thiscountry what it istoday, is like comparing apples to oranges. America isa great countrynot because ofone man, eventorethnic group, but because of the endless contributions ofvarious people from differentethnic groups. Likeevery otherSUNV student, I had Dr. King "s birthday off. IspentthedayrelaxingandplayingwithmysonC.J.. Not oncedidlreflecton thegreatmessagethat Dr. King gaveto this world. You see, Mr. Kalasnik, I did what most all Americans do on national holidays. As Americans, we tend to forget the meaning ofLabor Day, Memorial Day, and Dr. King Day. Thanks to your letter, however, I will never take another holiday, especially Dr. King day, forgranted. Yourletter wasa reminder thatthereissomuch thathas to be accomplished inthiscountry. I say this not only inresponse to your dismay at why the Universitywould recognize sucha man, but in yourlabeling oftheUniversity as placating certain African-Americans who demand adherence to a leftist multiculturalist agenda.'' Sucha statement istruly insulting to all Americans(European, Latino, Asian, African, etc.) who strive for an equal and more justsociety. It'salso areflection of a very narrow point of view. During the week ofKing's birthday, WDCX, a leading Christian radio station filled its airwaves withpositive affirmations ofKing's message. I am sure that this station, with its conservative views, would be surprisedand amused to belabeled as an institution that caters to "leftistmulticulturalist.'' I also wonder whether you object to the University's observanceofJewish holidays. Thereasoning fromyour letter implies thatyou'd objectto any recognition ofa group outside ofmainstream(European) American society. Yourletteralso broughtbackmemoriesofmy childhood school days. As a young student in the Buffalo Public School system, my teachers were always givingassignments and book reports on George Washington, Abraham Lincoln and Dr. Martin LutherKing, Jr., to name afew. Iremember P.S.#3 's from page S continued annual Columbus Day inarchandcelebration. This celebration further medical progress. seemed to lastall -week as we learned patriotic songs, painted Further, we are concerned about the plight ofall the hatsand banners, .and even stoppedtrafficonPorter Aye. in order Americans youlisted(as wel 1as non-Americans, persons with to parade across the street to Columbus Park to honor its disabilities, etc.). We recognize that the connection which namesake. As a young child Inever resented these exercises, links together the oppression ofAfrican Americans, Native in fact I enjoyed celebrating great Americans. These early Americans, women, homosexuals, etc. also causes theoppreschildhoodexercises taught me thattherewasaplace inhistory sion ofnon-human animals. Thissemester (March 2nd), wewill forall Americans. It was extremely clearfrom your letter, that be bringing in Batya Bauman, from Feminists for Animal youMr. Kalasnik, do not share this view. Rights, to speakaboutthe connection between the oppression Finally,thank youagain foryour letter. Itwasawakeup ofwomenand theoppressionofanimalsinapatriarchal society. call for which I am eternally grateful. I never thought that a We always look for opportunities to work with other social message oflo ye, equality, and peace couldbe somisconstrued causes to combat the mentality thatallows groups in power to and distorted, as reflected from your letter. Dr. King had a subjugate thosewitli less power. Moreover, members ofour group are extremely conmessage for all Americans, and I would suggest that you acquainty ourselfwith his writings and more specifically his " I ceniedabouttlieenvironmentonnimansandnon-humans. Even HaveA Dream Speech, in order to correct obvious errors in astrictly environmental group,however,couldnotfunction and educate others without paper. Sacrificing some paper is yourjudgement Kedraßurgos, 3L necessary forlong-term environmentalresponsibility. Also, please consider that three-fourths ofU.S. grain is fed to live...SOLAR,,continuedfrom page 5 stock, and halfthewaterused forall purposes intheU.S. is used How can we justify needless suffering, regardless of any for beef(ittakes lOto 16poundsofgrainandabout2 500 gallons egotistical superiority that we might feel? ofwatertoprodiiceonepoundofbeef). A singlequarter-pound ...We actively advocate the prevention ofcancer and hamburger from a rain forest region is responsible for the otherdiseases through .a vegetarian orvegan diet,cessation of permanent loss of55 square feetof forest. A responsible diet smoking, environmental(responsibility,etc. In fact, thisfall we not only saves the environment, it could prevent world hunger. brought inDr. Ron Allison,,a cancer specialist, to speakabout Your statement that "In respect to using other species, theprevention ofcancerand *other diseases through diet... weare no different froma number of Earth cohabitants" is However, if you believe .that "necessary medical adperplexing. It is hard to understand why someone whohas so vancement' ' viaanimal experimentation is the answer, think little respect forotheranimals would pattern his orher moral again. Animalresearch isnothing more than a tool for entre- code after them. Some species ofanimals will sometimes have preneurs, disguised as research scientists, to make money. non-consensual sex,take overanother animal's territory, etc. There is no extrapolativ model whichallows usto learn about Let's perfectour own morals,and not worry about the morals humans throughresearchonanimals. Forinstance.it has been or lack thereof in Nature. SOLAR impossible for researchers to cause cancer in dogs through Students ofLawfor AnimalRights cigarette smoke. Meanwhile, fluoride causes cancer inrats, but not mice (do youreally believe we can extrapolate from a rat toahuman,butnotfromaratto;amouse?). Injecting theAIDS continued'fromp. 10 virusintochimpanzees, with whomweshare 98.4% ofourDN A, in Rochester. After startingoutin an unfurnishedblock of has no effect upon them. Also, the recent' 'human-mouse oftIce space tlireeyearsago, the firm hasflourished. Griffith AIDS model, where parts ofthe humanimmune system were and Yostisable to offeramuch-needed alternative to the inserted intomice, is merely' 'Mickey Mouseresearch which sometimes impersonal andoverwhelming natureoflarger willreveal nothing that could not belearned otherwise. firmsbyofferingpersonal, one-on-one service to its clients. Animalresearch doesnothing morethan causeunnecesTen years after graduation, Ellen Yostformed her sarydelay between inyjttQ.studiesand human clinical studies. own firm and is able to practice the type oflaw that she Whileanimalresearch scientists are busily consuming scarce enjoys. Ms. Yost will be a speaker at the upcoming resources sothey can pay their mortgages,the world islacking International Law CareerDay to be held at thelaw school in prevention campaigns and realistic research. Prevention _^isftss^_ on March 3. through education,as well as relevant medical research, will -- ...AlumniFocus, r/en The Docket TheLowdOWtt WHAT: Women'sandChildren'sßights: A Local Perspective WHEN: February 17,1 p.m. WHERE: 545O'Brian(FacultyLounge) LOWDOWN: SuzanneTomkins,Clinical Instructor ofthe LawSchool Domestic Violence Clinic, will be speaking on the rightsofwomenandchildren. Her presentation will concentrate on community responses to the endemic problem of BURNING ISSUES U: VOICES FROM UNDER TCldnffaloCablc) Chiinnel 18 SPONSORED BY: Graduate Group on Humanßights FORMORE INFORMATION: Contact Sharon,room4oB,64s-6184. L\TIICLMOI'S VOICES: ...Scuffle, continued frontpage 10 -_ -- ', ' ef \-_ .*'• A,t ' .- y— £\ I * OMtiMt inj fjd&* mjv *• mmwmt "f il» Mm n i nuaMr <t i«iv*dorui " ' *oo vtr> lortwj i focm'fier*) *iih j conoidiv«m i< hruttliHimaey frfiai* im rs 'urrxiM f.n*ii-n »vii •uMuki urn v«■*■«■« PrMam Id JtMfrlt l i e*e J v«m CMUilije (xncriulCillool'N «kfil« to flop Jc"°« *» in lM ny "■'■"•eoi Her tmrriUM » ill he forerd u>inftffH uui , "f"v' * ■ i February 23 u**i«Uie G>l*»ebuiOuoomnuai itvroufli ibtey«» c* Nmiv* AiMncan* vti'r not IfciUie ihcv »*rt Jucwfrea Vo«ti« i iradiuoo iUi mv«f mrned tac Mndmid a masoduy. Producer Allan Jamieson. « ■—"> ■- LAST CENERATh iN term* 3» roinuir canwvinm pr>*rin> nn nswi peace Mid lutiicc •* 2iotn inr<xmn us Jpunwwu THTIMnMc \ork teuc Ccnttr >"f. Linn XAcriun NilitUruv i'juidliim Kmluctd by bill luflgvU ?rat <tf (caiwei muKU Innuv producrt Tiui 1 iimmunituiion SI NYFrvdnnia wriei vtucumcoivie) m<t*iucu»imun»ion >muc» s>oh«k v &mt« *« ju*pt jnd vnv » r jiuwio ouiiu thouidend itie Dlocl«iJcua Cuba >4ii*J«-[tv ib« auiiw j t jm t qUjdi * voum am *1w» irvct v !;"* 'V.v '•■"«£! njJltd »«t> nuikif ud mow ftt v jnowi lobeiftoc. j «.n«in ttenun «r«-*i«.v,iii.G»«r*>«»-i«f*»»*«*«•». ,voe ■-■' c i -"■*- * * J.-Oidfnun IK4I Jlllw lllitiMcT,4 iixer* tool*PfflMllMtMK *"""'<««■«'«»irwtewui ih»*» Pmjucer'*«■(»Vku onvrin <mr v<* *,4iU :.i.* vi jrc neip Mm >pm d *^^^ 4 vo» pt'tfim an hmi iD«i iiu *uO ilwiimocm umwii oaum Ml lunttn Pri«rio< PrMuttr **i JM6 ue Friday.Feb. nUhtffey W Love Blurbs! v^f I Begin sending us your "Love Blurbs" now for the Opinion's I special Valentines Day issue, which will come out on Valentines Day, Feb. 14. those Express burning,churning yearnings from your heart, or any other passionateregions. ...Fiduciary, continuedfrom page 10 FirstyearclassdirectorSadaManickam said he voted against the sanction because he was unsure whether theBoard had dieauthority to do so.''There was aquestion whether [the sanction] violated our [the SBA] constitution," said Manickam. JamesLynch also believed the Board's action wasunconstitutional."We don't have thatpower," he said. The Board of Directors took aroll call vote so that (herecord would show how members voted. The eight who voted to sanction Baptiste were Beyer, Etu, Greenberg, Joe :]f ; February tfa edly injured hand," he said. - . 1492-1992 February 9 UK Second year lawstudentMindy Human Students Criticize Conduct agreed." I think the wholething has gotten out Several studentswho witnessed the fight ofhand," shesaid. "Therewas anaccounting were extremely upsetwiththeconduct oftheir class next storeand it[the fight] justportrayed law studentsas a bunch ofanimals. elected officials. "I think the whole thing is a sham," "Asafirst-yearstudentand havingobBirman said. "Law students have no confiservedall this, itis my suggestion thatall three involved Paul [Beyer], Marc [Panepiiito], dence in the SBA anymore.'' and Saultan [Baptiste] should voluntarily Panepinto said the students'frustration with remove themselves,'' said Audrea Finley, IL. die SBA was understandable, hiresponse to to call of voluntary resignations, he Finley's "Theyneed be out "The constant bickering overpetty stuff said the students should do what they feel is necessary. ispathetic,"Finley added. "It'spersonal poHesaid: "If the students want to get rid litical gains; it 'snot for the benefit of thelaw ofus all, that's fine." School." * W«lnesda\sut*):iOP M. January-February. 1994 violence againstwomen and children. Antonecchia(3L), Reda Austin( 1L),Christin Horsley (2L), David Nemeroff (2L), and Panepinto. The five who voted against the sanction were Dwyer (1L), Manickam (1L), Darryl Salas (2L), JamesLynch (3L)and Bap- (As editors, we reserve theright to editfor boringprose orstudent apathy.) tiste. ElizabethJewettabstained from the vote and CraigBrown (1L) could not vote because he chaired the meeting. According to the SBAconstitution, the Board cannot impeach the president. The president can onlyberemoved by arecall vote ofthe studentbody. Writeyourlove ditty here andplace it in the irdfl. drop box orBox 761. and watch for it in the special Valentines Day issue-qfthe Opinion. I. ——————— — —_ _____..—_.._.._____J February?, 1994 The Opinion 11 �I / f I II I BAR REVIEW ■ m 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1994 Law School Graduate: Recognizing the financial hardships graduating law students are faced with, BAR/BRI Bar Review is offering need based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $100,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment following graduation from school. The applicant further agrees to renounce the scholarship should they receive a commitment for full-time employment by May 15th, 1994. This letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by February 18, 1994. Students will be notified of their scholarship award by the end of February. - These scholarships are not assignable and will only be honored in New York, New Jersey, Connecticut, Massachusetts, Maine and New Hampshire. Please specify in your letter which state's bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-02-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/9/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ff708e889262805d2f32b5d6051889e0.pdf a74f670515313f03176d66364df845f6 PDF Text Text Bringing ifwLowBlurbs to ilh'stuik titssim\ 1949 j Volume 34, No. 10 j THEOPINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 14,1994 Musings onValentine's Day: A Valentine's Day Editorial (Hey, how could we let one issue go by without an editorial?!?) What isthe significanceofValentine's Day? Now, (hat's an interesting question. For many peopleannind the world, Valentine'sDayhasnosignificanceat all. Valentine's Day is named after St. Valentine, a Christian saint. So, it isreally a Christian holiday, although today it has been turned into a commercial event, similar to Halloween, which also started out as a Christian holiday. Anyway, the point is thatValentine's Day isnotaworldwide holiday-just like Thanksgivingis notaworldwide holiday. Valentine's Day is saidto have itsorigins in pagan timesand tliehoUdaywasprobably around longbeforeQiristianity. So, whetheryou look forward to it or dread its arrival, Valentine's Day in some form or another has beenaround a long time. What is thepurposeofValentine'sDay? Isit to giveyour loved one chocolateand flowers? Is it to stressyou out to try to figure out what giftyou should giveyour significant other? Is the point to make thosewho aren't in love feel lonely? Is it to increase the commercial profits of Hallmark and American Greetings? Well, whileall oftheabove may occur on Valentine's Day, that is not the main purpose oftliis holiday that those in love think isromanticand those who aren't eitherignore or hate. The purposeof (he holiday is to show thatyoucareaboutthosearoundyou. Thiscould take theform ofgiving your momaValentine'scardorjust making her dinner. Itcould taketheform ofreceiving a home-made Valentine fromyourkids. It couldtake the formofletting a good friend know that you are there ifthey need you. We have a suggestion for both the Valentine's Day lovers and haters out there. Do something to help others on this day that comes justonce a year. Instead ofgiving flowers or candy toyourwife/husband/boyfriend/girlfriend/lover/etc.,giveadonationin their honor to an organization that helps thehomeless, feedschildren in othercountries, plants trees, orsaves the animals. Be extra-special nice to somebody who you usually take for granted. Call your WhatValentine's Day Means to Me grandparents to say hello. by Dan Harris,iPhotoEditor Flowers will die. Chocolate will justadd inches to your waistthatyou will have to diet offlater. Cards will justend upclogging the garbage dump. However, ifyou do something that Paul Roalsvig,editorofour esteemednewspaper,asked meto write oneofmy infamous is more long lasting, not only will you feel good,but itmay help someone else. commentaries on the subject ofValentine's Day. That was a tough one. What is Valentine's And to everybody—students,faculty, staff, administration, everybody else outthere-HAPPYVALENTINE'SDAYfrom the staffof The Opinion. And to everybody who reads this, at leastyou received one valentine! Ode to the Lonely on Valentine's Day To the one that is separated from a love by a distance, And all memory oftogetherness fails to spanthe miles within your heart. To the one who has lost a love to the shadow of life, And thevault ofyourinindfeels barren by thepain that suchloveis neverto be shared again. Day? I believe that.themyth ofValentine's Day involves Cupid shooting people inthe butt withan arrow. The person hitwould thenromantically pursue thefirst person s/he saw. It'sa nice legend; but it doesn't hold today. If someone hit me in thebutt with an arrow I wouldn't go after the first man orwoman I saw; I'd go searching for the first attorney I saw to file a suit forassault and battery. I went from tliinking about tliemytlioftlieoriginsofValentine'sDay to tli inking about my first memories ofthe holiday. It was in grammar school. Thatwas back in the days when girls were our sworn enemies, and guys were justpals; thus all Valentine's Day cards were platonic. Tobe honest, I wasn't verypopular in grammar school. ButI enjoyed Valentine'sDay. On that day theteacher would make all thekids send each othernice Valentine's Day cards. It was terrific! One day a year all thekids, who would normally beat me up, wouldsend mecards that said they liked me. Beyond grammarschool,(lie teachers didn't makeus sendcards toeachother. Ho wever, despite being a dateless, lonely schnook, I wasn't cardless. My grandmother would send me Valentine's Day cards eachyear; and she had no romantic intentions. (At least I hope not.) After Grandma died, I still received platonic cards. These were from my friend Michelle. Trust me, these too were platonic. After Michelle and I were briefly involved romantically, she never sent anothercard. So, onthe spirit ofplatonic Valentine's Day celebrations, Ipropose that otherswhoare normally antagonistic do nice things for each other on Valentine's Day. Therefore, I am requesting that every member ofthelaw school faculty who has been named as a defendant in theBlum suit (which pretty muchaccounts for every memberofthe faculty) do sometliing nice for JeffBlum this Valentine's Day. Send him flowers, chocolate, food, clothing, etc. On a similar note, I also propose thatthe members ofthe SBA Executive Board also do something nicefor eachother. Saultan,youcould help MarcandPaul get thenames they need for theirpetitions. It'shard work badgering abunchofapathetic students into signing apetition. Pauland Marc, help Saultan fill out an application for a telephone calling card. Try MCI; their rates are pretty cheap. So thisyear, everyone, make this a special Valentine's Day. On Tuesday we can all to go back killing each other. Happy Valentine's Day Lisa and Nicole. To the one who has yet to find true love, And has searched the depths oftime, but has not embracedthe words "ILove You." To the one who has loved, And has recently felt thewounds oflove lost. To the one who is bound to another, And yet there is no love. Stay strong for the love you possess is within and is worthy of celebration. Saultan Stay strong for you are love -- HIGHLIGHTS **********special Valentine's Day issue!********** Editorials and Love Blurbs 2 More Love Blurbs 3-4 �Blurbs! Love flFj OPINION Volume 34, No. 10 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Feamres Editor: Layout Editor: February Alex, A.k.a. "Borisßadinoff": Youboilmy borscht! Love, Natasha (J.T.) 14> 1994 PaulH.Roalsvig Kevin P. Collins TOMMERCURE: You really lightmy firetoo! (andMORE!) -Your Furry Little Love Kitten. DAVID "RIGHT"? Lisa Nasiak Lisa, SharoiiNosenchuck Being betrothed doesn't mean forgetting Valentine's Day. Happy Valentine's Day my LOVE. Also, Happy 1 -yearanniversaryofour secular engagement. Without hesitation I'd ask you again... and in die sameplace. Your loving "husband"- Danny Peter Zummo EvanßaranofT Dan Harris KathyKorbuly StaffWriters: Saultan H. Baptiste and Paul Beyer Photographer: BenPierson Contributors: The love-sick law studentsatUB Photography Editor: ArtDirector: Hey Dawn... Thanks for lastnight. Love, Phil. TO THEFAB FIVE Need I saymore... X. UB Law Goes Love Crazy: The Love Blurbs Throughout this Issue Say it All: Happy Valentine's Day! With abs like that you can share my locker anytime. Love, Your Secret Admirer. DearUßLaw School, Thanks forsuch a poorexperience. - EDITORIAL Hey Dawn... Thanks for the night before. - Carolyn, Dawn + Tina Come up + see me sometime! JamesLynch, No, we can't justget along. Love, Oink Love, Phil. Dear Marc Urbanksi, Dear GeorgeKannar, Thanks, really, I mean it. Not! Love, Phil. Love, Phil. JimG. -1 miss getting all hotand sweaty with you in theafternoons. Love, Your Guy BarryI shouldbearested for whatI thinkaboutyou diose acts are stillillegal in NYS. Let's go to West Virginia! Your Secret Admirer. Dear Federalist Society: I love your new image: nonexistant. It'scool that you have no profile. Love, PhU. DearDeanBoy er, You're doing agreat job. Don't change any- deVivre; Planes, trains, and automobiles... what will thing. Yea,right! youdiinkofnext?! DearTax Program, DearTA.T.:-K.S. You look'mah-velous'! Are TOMYLATIN LOVER-NEXT TIME YOU youuiaHuny?(Shakeit!)-K.G.&C.U.Picture BRING ME CAKE. I WANT TO BE THE this: warm tropical breeze, pina coladas, and PLATE! LOUNGING inthosedeckchairs. -D.K.&B.M. PASSIONATELY YOURS, PRECIOUS. Thanks for deteriorating so quickly. - What didyou guys do to thatpoordog!?! You'reallawesome. Happy V-day! R.V. The best 1L question to date: Who is Regina, and why does she keep suing everybody?! Johnboy, me, C, and M wanttoknow ifyoucan giveusa grouprate? You lookpretty wellbuilt J, socio-legal dieorists like ourselves can reand we havecash. How'bout itbig boy? write contract It'snotdead. law. Encontrare c'est une joie de vivre nous sommes "the meaning ofcontracts.'' Downwith theFeds! Oh, sorry, you guysare already downand out. Love, PhU. Love, Phil. Robnoxious of brnitdtior>S'Jf ewpfcorl r U£C. 1 ftvlei y£ i^n $w Process! I - Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialshereinis strictly prohibitedwithouttheexpressconsentofthe Editors. The Opinionispublished every two weeks during theFallandSpring semesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinionisfunded by theSBA fromStudentLaw Fees. The Opinion welcomes letters to theeditorbut reserves theright to editfor length and libelouscontent. Letters longer thanthree typed doublespacedpageswillbeedited for length. Please do not put anything you wish printed under our office door. Submissions can besent viaCampus or UnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.Buffalo.NewYork 14260(716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are the Friday before publication. The ideas expressed in the"Letters to the Editor" and on the commentary pageare not necessarily endorsed by the Editorial Board ofThe Opinion. 2... The Opinion February 14,1994 Dear Jeanne Tlianks for moving in witli me, I dunk. Tomany wonderfulyears together. YourCohabitant. W= IfI could onlyread your mind. -X HEY JOHNBOV, I REALLY NEED YOUR SERVICESBUTI'M A LITTLESHORTON CASH. DO YOU DO " PRO-BONG-O" WORK? MISSGRAFTENBURG Dear Andrew F, You are a dreamboy by consensus, LGBLS. JACK BELL: You really light my fire. From Your Little Love Kitten. ' PAULANTONA-WHATEVER: When I hear you speak inclass I tremble with desire. If only you knew 1 existed. -Blondeand Lustful (R.K.) Roses are Red Violets are blistery without sucha wonderful support staff UB Law would be history! �The Roaming Photographer byBen Pierson, Photographer This Week's Question: "What Does Valentine's Day Mean to You?" Andrew Freedman, IL Darren Longo, IL "Nothing. AbsolutelyNothing." Emily Leach, IL ''Another $20 for Fanny Fanner.'' Will you join me for a golden shower on Valentine's Day? LarryW- Thanks for theresume help! Youmake mefeel like avigin touched forthe very first time! Love, Madonna. To my Housemates: Canwe say Grace? Can weat least say grace?? TO MO (the 2L) You are my Goddess!! WANNA TRY THE CAT (or shall I justtouch your forehead)? To KG: Dear Saultan: You are the greatest phone-sex lover ever! Love, Candice. I LOVE yourarticle!!! Ofcourse, I did. edit it. J.T. Dearest Zeus (mighty Zeus) Roses are red, violets are blue, get bent! Love, Phil. There is no competition -1 love you infinity! B'dßI'd like to get toknow you. Bear Boy er, Tlianks forawholebunchofnothing. Love, ChefBoy-R-Dee. Madam X. KarenSorry for my "remissness" witiithe camels. Been lousy you know. Happy V.D. TheCamelClub. mT- Hey Loser, Winner. - P.S. Where ismypreset? TMDK(G?)Q: Ha! Ha! Ha! Ha! Justwhenyouthoughtitwas ate,I guessthe importantpart to note wouldbe thatyou can NEVER escape. One down, one to go! "A day card companies made up to make money, but any day that celebrates love is ok with me." To the SBA (generally, and S.B. in particular): Don'titalways seem to gothatyou don'tknow what you'vegot 'til it'sgone? (They carpeted paradise and putit up on a Bookshelf). Hey Dawn inCDO, Tell me where you want to go wecouldride offtogether and no one will know... MOSITA,MOSTIA, MOSITA, MY LOVE REACHES OUT TO YOU ACROSSTHE APPALACHIANS - BEMLNE! -S.B. Steve Miller, IL ' 'Too busy toworryaboutit." - To the heirs ofJohnLord O'Brian: Couldn'tyouhaveattached more strings to the use of his name? Like the teaching ofLAW courses, for example. - Dave L So good luck with' 'the myth" next yearwith Hot Sniff. Disbeliever in the BB myth. - DEARHOLMESThis Valentine's Day is extra special, from today forwardyouareofficially a lawyer! You arevery special to me and I couldn't havemade itthrough this hellish law school experience withoutyour loveand emotionalsupport. I LOVE YOU VERY MUCH. -GRAPEHEAD. SIX You 're the woman ofmy dreams. Love, R. DearProfessor Marcus, Give yourland back to the Native Americans, pack your bags, and go back to imperialist - - - you but I'd like to. TWB: You'remy Today 'sMan and my Tomorrow's Man everthe Mighty Good Man. Always in my heart. - With Love, S.J. Dear Law School Administration, Thanks fortheQ's, tiieyreally mean so much. Love, Phil. DEARPHILGETALIFE!!! -An Adrmirer. Barbara, Thanks for those wonderful video sessions. Too bad we won'tbe doingitagain. Love,YourClass. Billy Bob loves Charlene. WOODS, UB LAW STUDENT BODY. To die cynical 1L: Roses areLudicrous, Violets are queer. Next time we're at Max Hart's Buy me a beer. ( X)N( iRATT JLATIONSONYOIJRBIGTIME JOB. I KNEW YOU COULD DO IT. BEST WISHES IN THE BIG CITY. SWEET PEA. Swifly, We'll always have Mulligan's! Love, Daisy. -Anon. To the Men ofLaw Review: Show usyou're (your)nuts! Dear Federalst Society, Goodjob,you'ye done so much! Love, Phil. SliF - Youasked for it you got it! -Joe. heyvlp-doesyoursmllemeanyou wantnginbuckley'sclass. -waiting for an answer. lv- Are you going to be my ski bunny? -Y. MMC: I have watched you foralooong, LOOOONG time. Perliapswe should combine assets... you know... a little fiscal discourse! I AWAIT YOURREPLY. In Financial Awe, Ph.D.-to-be. Katliy Korbuly. Dear "Sex Hero," a.k.a. "ZEUSS" Youmake me feel like a HOT SEX KTTEN! I LOVE BILL. Ode to the women Cyrcles [sic]: Oh! Be still my heart (Ithinklhavetofrt!) Oh, wait, there's NO EXIT. (Satre). likemetoo? i'llbe watching and Many Thanks, A.C. Europe. You may have fallen from grace, but we still P.S. Review haveyour -1 Bar Books ready for Love, Fred The Politically-Incorrect. love youyou, highlighted andall withany luck we HV,HP,M,JK. won'tbe studying together. Question: "What're-You-Doing-After-LawSchool?" TT:. Hey Dawn... Let's do it all over again. Anwer: "I'm going to Art School." I can't write anything crossand lustful about - To Professor Joyce: You'll take good care ofthe tax program wltile we'regone, right??? -Future Aumni(CASHISCASH) Love, Bruce. DearMarcus, I know wehave disagreed in diepast,but thanks for the D. I figured you would fail me for disagreeing. Love,C.K. Dear Diana, You have given me more joy and happiness tiian I haveeverthought possible. No matter what, I can only think of my life as being enrishedbyyou. Love always. Jimmy. - To the 4th floor secretaries I know wedon't always sayit, butjustwanted to thankyou forall your assistance. TheLaw School Students. To thebeautiful red head inCorporations+NY - Practice What happened to you wheredidyou go? -BM. - Dear School ofManagement, Why didn't I go to you instead oflaw school? Love.C.X. Dear "Dissenters" Sorry yourlivcs havebeen so rough. L< iye. theNon- Aligned. It'sa wholenew world... February 14,1994 The OpinionPage 3 3... �Blurbs! Love More Joi- Forget Vancouver, Cincinnati and Chicago -1 am right here in Buffalo and I can take you places you've never been. AH you have to do is open your eyes! HTC. - John, What it? Signed, A Not So SecretAdmirer. - TIGER: WHERE, LIKEA PILLOW ON A BED, A PREGNANT BANK SWELLED UP TO REST THEVIOLET'SRECLININGHEAD, To PFR- (NOTtheEditor-in-Chiefof theOpinion)-I wishyou could! 0 would!) .? To theAdministrativeAdviceBoard ofBJILThanks for all ofyour help during our virgin Dear Professor Marcus, Shotguns, rawhide, and the wild, wildWest. I love 'em. Love, C. Eastwood. edition. -The Board. SPOONKER. thosecops?) SARAH SWARTZMEYER -? DearLaw School Administration, Thanks for the well-rounded curriculum, I especially liked ConLaw 2. Love, AnUnliappy Student. Hey little pink thing- Isn't it about time you went out and met other little pink things? Signed,Two Blue Things. ToRob W. @ JF & M: When your February craziness subsides- Take the plunge!! (I'll be there!) Signed-T.S.A. To all oftheBJILeditors- You're thebest!kiss! kiss! S.S.-WhenyouslippedofTthat"peach"jacket, and revealedthemilky whitelovlinessofyour breasts, I couldn't help but...sputter. Canwetry again soon, please? Pleeze. -Infatuated by your fruit. - You're a cock from time to time You can' t deny Uiat' s true But even soyou have mylove I hope I haveyours 100. To Gretchen whohas seen 800 Woodchucks and the 3 Amigos twelve times; who loves Beastmaster movies and wants 10dogs. You may bethe wierdest person I have evermet, but I love you big time. Sven. JoeA.-rvealwaysfoundyouyoutobe,quite possibly, the sexiest man alive. -Lustful in Lackawaiuia P.M. -You sexy man -I'm glad I know thereal you-Happy Valentine's Day -LoveM.M. To the Amway King- lose 50 and I might be interested. ■'Daisy .TmcfaJty.Tmcrazyaboutyou.No, I'm crazy. IfI had listened to you- I'd be in "Swirry". "Ecstacy". - Mad Scietist,Tell me whichelement is miss-Blydner. ing in this chemistry. l o the Associates on Law Review: At least we're leaving you withan office that'sclean. Hope you're amore "well-oiled machine." Spanky, Spunky, Binkey, andDot. I hope you -You know who. get the help you need. TOP 10 REASONS FOR NOT SENDING VALENTINES IN LAW SCHOOL: 1)The Studmu fiin is already taken. 2)1 want to marry a doctor. 3) Can'tput them inundergrad boxes. 4) It's easier to ply them with beer. 5)D idn"tknow how- wasn't covered in R &W class. 6) Might be prohibited by new Ethics Code. 7)That's how Clarence Thomasgot started. 8)Towhom? 9) Headnotes are as close as we get to fooling around. 10) West Publishing doesn't do Valentine's cards. - hearts get "H"s. 7) Better chance for sex withvalentinesthan without. 6)That's how Clarence Thomas got started. 5) Creating good feelings makes networking easier. 4) Keeps the Opinion staffbusy. 3) Reading other people's valentines is obscenely fun. 2) Go ask Phil! 1)Appeals to the prurientinterest! To Evan: themeek shall inherit the Opinion. (You need toput REAL dairyproducts in your coffee). -Anon. To Butter- Without you I 'm justdried toast. de Vive: Marry me...youtoo can bea contesBride Contest...we'll have beautiful children together. -Loveya, Janus. tant in the Ugly To the "Potential Torts": Who the hell said we're poor losers? I'll fix their littlered wagons! Joi: Best of luck on the bar exam. Happy Valentine'sDay! -Fromall ofyours friends in the Law School. To the sexy labor law guru- Montreal would havebeenfun! To L.M.-Here'shopingyoupopoutofyour tight sweateroneofthesedays! Helpkeep UBLaw DearProfessorEwing, Thanks for being honest B:- Best of luck on the bar exam. Happy Love,C.K. growswheneverl see you. Love, a generous grader. HeyCiirls! President of the Mile High Club: Come fly away with me to Vancouver! -A "Satisfied" Member. Kevy Baby- You're gonnagetyours!kiss! kiss! Kate, Eyes that melt me, face that glows, and a body I wouldkill to cook bacon on. To my embarassment, my love grows & grows & tion,aQ-inimis. -Homy in Hoboken. K.fromS.S.-Iwill foreverthinkofyoueverytiine -P. I hearPassionate Kisses." Dear Urbanski, Greatjob withthe Feds, you white malesrock! Love, Phil. To all you chicks who blew me off: You're gonnabe sorry because someday I'm gonna have a red BMW convertible. -JeffG. Love.N. P.S.:The"H"issikntlikethe"K" 8) Students with romance in their about Researchand Writing. Hey Phil- Too much time on yourhands? Get a lifeand stop spanking it! Andreas-The morning dew may kiss the grassthe clock may kiss the hours that pass- the flowing wine may kiss the glass-andyou, my friend, may ...have a PC Valentine's Day. -El Barto. prison. Suzanne C. (2L)-My best friend for 7 yearsHappy Valentine'sDay! -Maureen. Dear ProfessorFinley.l give youaQ. Correc- -The Federalists. TOP 10 REASONS FOR SENDINGVALENTINES INLAW SCHOOL: 1 0)Putsoflfsnidying foryetanother day. 9) Beats sending valentines in School Beautiful! To the love ofmy life, Leah, my wife, you don'tsee me much anymore. Just a few more hard years, 0f strugglesand tears, and we won' t be pooranymore. So justhang on tight, kiss the children goodnight, 1 love you more than ever before! Love, Harvey. Hey T.S.- Hair up or hair down, you're awesome...and you speak welltoo! -Co-Counsel. inknife! -Seeyou soon!, Beau. Attention,Attention! All hotclucks! JeffG. is still available. Last chance. First come, first serve (Ha ha, I said' 'come) -JeffG. BE MY VALENTINE? - here. Johnßoy, I justheard thegood news. Is it true you can make me see Godjustforthe price of a dinner? To: Bonito, my oneand only love, I love you! -M Ineedyou! Iwantyou! Nooow! P.S. "Letme lick youup and down." -Love, Munequita. DearLaw School, an employeronceasked me, ToArthur E.- I'm going to miss you! You've ' 'Howcome UBLaw School is so arrogant that been a real good friend. Please stay sweet, they believe they can make up their owngradloving, and kind. HeyGripper! Gripon...Gripoff...thegripper! ing system?" Love always, Trini. -Your Gripper Friends. Love, an unemployedgraduate. -Someonewlio wishes she wasFREE. H Happy Valentine's Day, you littledevil. To the hotblonde in 320:1 think I diedand went toheaven. And to think I almostpicked Yale... I anxiously look forward to my next 3 years Goodmorning, sunlight Kevin WI saw you bare-chested on a front porch on Hodge Aye lastsummer (you didn't seeme). So did the guy jump (what WAS the deal with YesIndeedie.You'remy sweetie! -Stinkman. Hey Heather! Areyou stillcraving thatbag of My gooby-headed lover! It'salways "cocktail M&Ms? Yikes! hour" when you're around! -Ouch! -Your man. SATWETWO.ONEANOTHER'SBEST. XOXO Dear ProfessorBlum, Ihopeyouwin,bigtime. -Love, Chefßoy-R-Dee. Valentine'sDay! -Fromyour secretadmirer. Hey Helen P:-Nice Artichokes! Happy YD. -Your seventh floor neighbors. Dearest Pita, Lastyear on this page I told you all that I felt. Now.Everythinghaschanged. Except how I feel. TMD-Love cameone day without a warningwill you be mine on an August morning? -A. I'veKnown. I've touched. Imourn. ToBarb in tneCopy Center- Thanks for such greatservice. XXOXOXX -The Law School. I love you. Popi- BesameMucho! Are you stay ing clear ofthe microwave? Wanted: Distinguished, well-establishedolder judgewith heart problems who wants to push the limitsofecstacy, for brief, but meaningful marriage. Submit financial info to T.G. AKV-Willi you by my side, everyday isasunny day. Will you be my mountain woman? -Sleepless in O'Brian Q:Aboveand beyond sex, whatare men looking for? A: a cold beer (NB: at least "sports" didn't nose into2nd place). l)ear"Zuess"-Yousuck!Hehehehehuh,um hehe. Happy Valentine'sday. ''Beav isand 1iutthead.'' Vipan, We've tried being friends, can we be more? -A goodFriend. (j Be safe, use condoms! February 14,1994 The Opinion JJ 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-02-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/14/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c12850369d6237ae1c27be849b85cba1.pdf c28045c53e54ae40db97eacea3e42058 PDF Text Text , Bringing tin issues u> llw stuJvuh sinci'l949 THEOPINION Volume 34, No. 11 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW February 22,1994 3 Presumed Dead In LakeAccident U.S. Coast Guard ContinuesTo Search For Missing Law Student and Alumni across (lie Lake to Canada early Saturday afternoon. TheCoast byPaulRoalsvig. Editor- in-Chief Guardattempted to trace the tracks across thefrozen lake,and fonndahole in the ice within ainile of theFort Erieshore.There they found a jacket,according toTufts, probably belonging to one ofthe women. TheCoast Guard will continue the search tomorrow. The U.S.Coast Guard today began its searchfor oneUB law studentand two female UB lawalumni who apparently fell through the ice while walking across Lake Erie. Third-year law student Joe Antonecchia, and UB Law alumniRuth Rilchell and JoanneFuchs were reported missing after Ms. Ritchell and Ms. Fuchs failed to report to work yesterday. According to sources, Joe Antonnecchia, Ruth Ritchell, and JoanneFuchs had not been seen sincelast Saturday,Feb. 19. "Itdoesnot look too good," saidCliiefTuftsofthe U.S. (i Coast v ard inBuffalo. According to Tufts, Antonecchia's car was found in the Hamburg beach area along Lake Erie today. Another car, SBA Directors Joe'■Antonecchia, 3L, (L) andalumnusJoanneFuchs (R) belonging to oneof the women, was found on the otherside of the lake, near Fort Erie. Reportedly, the group had set out on a ten mile walk Refugees Deserve Better Treatment By U.S., Speaker Says by Karen A.M. Bailey, Contributor Kathy Riinar, former Directorofthe now-defunct Asy- lum and Refugee Clinic, led a forum on Asylum and Refugee Law lastrnonth. The discussion, which was sponsored by the Graduate Group on Human Rights, focused on thenature and challenges ofAsylum and Refugee Law. Rimar who has handled hundreds of applications for prospective refugees and supervised UB law studentsas they did the same, pointed out that applicants have more success when they are given legal assistance. Thechallenge for legal assistants and lawyers, she emphasized, is to explain the applicant's situationin a"concise yet convincing" manner. The United States, however, receives many claims for asylum peryearand does a poor jobofprocessing these claims expediently, Rimar said. Shecitedthiscountry's bureaucratic style as a majorcontributing factor. By way of analogy she hailed Canada's system for handling such claims as a much more organized and humane approach. Canada hasa betterrecord o fresponding torequests forrefugee status, than does this country. Rimar pointed out that the application process here reflects Uiepolitics Uiat surrounds the issue,forseveral reasons. Shecited the surge in' 'anti-immigration sentiments," which is often based on the problematicperception that people who come from othercountries are(lie reason for America's problems. This attitude is especially prevalent in tunes of economic hardship, Rimar explained, and allows the politicians Kathy Rimar, former Asylum clinic director thatproinote it to evade providing solutions. When the mediapromotes it,Rimar pointed out, people the type ofhumanrights abuses from whichrefugees ilee. For are morelikely to protest thecountry's acceptance ofrefugees example, shecited the story ofanianwho carried lus paraplegic who areoften fleeing theirhome states for genuinefearoftheir sononhisbackthroughthehillsofGuatemala,throughMexico, lives. A forum participant corroborated this point with an in orderto reach a point where they could safely travel to (either example of a investigative news program that presented a this country orCanada) to savehis son's life. In another instance,a woman fled herhome country after discussion on abuses ofthe health systemand portrayed illegal oftins abuse. "themeninplainclothes" -anameforthegovernment'shit perpetrators However, as the immigrants only emphasized Rimar, theabuses against these migrants to meet men whoarbitrarily terrorizeand kill civilians ~ hadkilled her economic ends, never receives the same type ofcoverage. sons. Reflecting on most ofher cases, Rimar believes that, According t( > RimarmanyAmericans cannot conceiveo f despite,popular perception, the refugees accounts and need for asylum are usually direand legitimate. In light ofthis belief, shecited the U.S.'s treatment of Haitian refugees an unacceptable and explained that sumIn the February 8, 1994 issue of the Opinion, we marily sendingback refugees withoutany examinati< >no ftheir printed an interview with SBA President Saultan Baptiste. claims is unlawful. In that interview, Baptiste stated that following an SBA Rimar said that adopting a more accepting attitude meeting, ClassDirectorKevin Collins cameinto theSBA toward refugee claims would be more consistent with this officeand toldhim..." You're going to get yoiirs! ", and that country's intolerance for human rights abuses. Saultanreported this to UB Public Safely. The Opinion has, since that issue, learned that Mr. Collins* words were takenout ofcontext in that interview. The entire statement conveyedby Collins to Baptiste was as follows:".. .when the students holdtheirrecall election, Review: "DarrowFortheDefense" you 're going to get yours! Editorials and Opinion Mailbox Furthermore, contrary to die interview, no report of Correction and Apology: CompromiseTo Resolve Recall Petition Dispute By Jay Chatarpaul, Contributor Aftertwice voting to a draw in attempting toresolve how many signatures are required for arecall petition, the StudentBar Association Board ofDirectors compromised and decided that7 5 moresignatures were needed torecall thepresident. TheBoard set Wednesday asthe deadlineFor theaddedsignatures. The 75 added signatures represent amid-waypoint between the twopositions held by SBA members. Under Article VII, Section 2, ofthe SBA Constitution,arecallisinitiated by submittinga petition containing the signatures ofdienumber ofstudents equal to 50percent ofthe voteatthe "last general election." Somememberscontendthatthenumberofsigrjatures needed should be based on last semester's election for Secretary/Parliamentarian. Ifthis is the case, then the 115 signatures currently on the petition would be sufficientto force arecall election. However, othermembers say that the last general election was the Executive Board election fromlast year.. Since 450 students voted in that election, 225 signatures would be required for arecall election. The petition u>recall SBA President Saultan Baptiste wasfirst submitted at the Feb. 2 SBA meeting. At the Feb. 9 SBA meeting,DavidNemeroffmade a motion to use the November parliamentarian election as the last general election. Baptiste objected to this motion, saying thatthis wasa "special" election and nota "general' election. According to Paul Beyer, a general election is one in whichall the entire studentbody can vote, a criteriathat was satisfied with Steve Lee's election." Ncinero ff smotion was defeatedby a 6-6-1 vote. A second motion to use last year's Executive Board elections to detenninethenumberofsignatures wasalso defeatedby the same vote. Filially,acompromise motion madebyKevin Collins passed by a vote of 8-1-3. That motion required 75 more signatures tobesubmitted by theFebruary 23 SBA meeting. Saultan votedagainst this motion. The current hostilities among SBA officers did not wane atthis meeting. To wit,the emotional debateamong Saultan,Marc Pencpinto, Paul Beyer, and David Nemeroff over the definition of a "general" election led David Nemeroff to submit liisresignation (later withdrawn),and Chuck Greenberg, a classdirector, to curseloudly and slam abookonadesk.TwicetheSßAPresidentwalkedoutofthe , meeting. HIGHLIGHTS these words were filed with Public Safety. Weapologize to Mr. Collins forany inconvenience this may have caused. Fuel For Thought Docket 3 4,6 5 6 �1 I I]H I] fj PffiPER I MPRE REVIEW 8 FREE ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE EXAMIi ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, February 13,1994: M I] live Lecture Amphitheater, Main Floor Fashion Institute of Technology 11 II H II H Saturday, February 26,1994: videotape Lectures 11 Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School Tblane Law School ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED [I Sunday, February 27,1994: video-tape Lecture ij NYU Law School PACE Law School Room 110 Room 403, Preston Hall H ll M H H H H |1 H ■I [I |1 To reserve a seat, call 1-800-635-6569. This course is 100%free of charge wliether a Pieper student or not All students are welcome NO MATTER I] WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! IJ Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa 1] H H H H Ij H IjN [I11 �,, the Defense : A One Man Show Theatre Review: "Dairow for by Paul Beyer, Staff Writer ''Darrow for theDefense,'' aone-man capital punishment. In his defense of the Pennsylvania coal miners, he almost play by Fred Keller depicting the life and singlehandedly secured theright to an eightcourtroom battlesof tamed litigatorClarence hour working day. His most famous case, the Darrow, began itsnm lastFriday at the (!afe in Scopes' 'Monkey trial, brought thecontroverthe Square at diecorner ofMainand Harlem in sial issue ofevolution to the public and made Snyder. I had thefortune ofattending aprey iew amockery ofhis opponent, William Jennings ofthisabsorbing performanceataGrange Hall Bryan, a prominent politician at the time. in Fredonia, NY last week and I would encourDon't be put offby the fact that this is a age all law students to see the play, if for no one-actor play. We have all become so accusother reason but to catch a glimpse ofone of tomed to legal proceedings from the floodof America's first and foremost public interest lawyer shows on TV that it became almost attorneys. automatic for the audience to fillin the blanks Clarence Darrow was best-knownft>rhis and thecharactersin lv's courtroom portrayals. legal defense oforganized labor duringtheturn In fact, actors in theroles ofwitnesses, judges of die century and his staunch opposition to andjurors wouldhave been too much whatwe Humor: By Steve Balet, Contributor stead. (1) Books - Gay Life at The play perhaps intentionally gives Melrose Place little insight Darrow's personal life friends, upbringing. Ofthis, PhotoEditor by getonTV,anyway. into we only family, learn abouthis difficult divorce from his first wifeand his joywithhis second. However, I didn't attend the play to learn about his personal life, but to gain insight into his brilliant legal mind. The play achieved that goal. By far, the most enthralling aspect of "Darrow for the Defense" was Keller's reenactment ofDarrow's most excitingand controversial court battles. At one point, he humorously toys with an imaginary witness, WilliamJeiuiings Bryan,on thethen-emerging ...DarrofV,continuedonpage6 "Give It To BPILP, Instead" This semester BPILP has asked 3rd years not to purchase a cap and gown for graduation, but to instead donatethe money thatwould havegone towards thispurchase to BPILP. BPILP has received a tremendous response to this unique and original fundraising concept,andbuoyed by theoverwhelmingreceptivenessofthe 3rdyearclass, BPILP is now asking Ist and 2nd years to contribute as well. Below is a list ofother purchases law students normally makewhich BPILP believes we should forego the purchases and donate the money to BPILP in- AH ofour textbooks are available in thelibrary on reserve, so there is really no need to buy them ourselves send thatmoney to BPILP. (2) Copying How many dimes have you dropped in the library copying machines, withjusta little bit ofplanning ahead youcan have time to copy everytlu'ng by hand. Spend a little time give a little more to BPILP. - - - —I (3) Resumes -Weall spend a great deal oftime and money sending outresumes, this money could be diverted to BPILP instead. After all, there are plenty ofon campus interviewsto choose from save that stamp money. (4) Sliirts A recent ruling in the Stateof NewYork allowsboth women and mento walk around topless. Think abouthowmuch money you spend on T-shirts every yearand think abouthowmany BPlLPprograms that money - - (5) Never shake hands with an interviewerand then say "Comeon givemea real handshake". . (4) Never ask if anyone in the firm wouldhavea problem with a keeping a cat in the office. (3)Neverglanceat a family picture on the deskand say " So I guessyou must enjoy working such longhours" (2) Never, when given a hypothetical, could sponsor. say "Well we didn't cover that in class." And the number 1 thing you should (5) Paid Parking- Hey there areplenty of unpaid parking spots available on campus. It never do on an interview: just takes a little tune to find them, so pack a (l)Neverspit,grabyour crotch, and say lunch and eat in thecar, but feel good about the "So what am I looking at in sick days and SlOO you are donating to BPILP. vacation time." Ifyouhaveatip for gettinga job,please Some GoodAdviceFrom the CDO submit it to Box #715. Once again those tireless workers at CDO have published someexciting tipsonhow to gainemployment. Here, straightfromCDO is a list oftheTOP 5 tilingsyoushouldn 't doon an interview. --' Legal Term ofthe Week is — 'slippery slope used in a sentence A ' 'slippery slope "isa tort waiting to happen. — It has been 61 clays since thelast law final. Do you knowwherevourgrades are? � Central location in NYC's most charming neighborhood � Apartments with private bedrooms in modern, air-conditioned, 24-hour security buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series •••• May 21-August 13, 1994 You are please FAX or mail the coupon below or call 212-998-6512 1-, From I to: and hors d'oeuvres. Date: Thursday, March 10, 1994 Time: 4:30 Place: University Inn and Conference Center 2401 N. Forest Road, Amherst - 6:30 p.m. R.S.V.P. c/o Career Development Office Room 309 by Friday, March 4 I have any questions, please call Jane McAvoy at 848-1505 // you I Address j City State ) Zip Code Evening Phone ( i V * ) I I School/Company/Affiliation J New York University is an affirmative action/equal opportunity institution I What brought my interest to a head on the show isa recent multi-episode story thatinvolved Matt in a relationship with another man. It's thefirst time during the two years ofthe series that they 'ye given him aromance that lasted more than one episode. Mart's romance lasted three episodes. Theleastamountofepisodesofany ofthe heterosexual characters' romances has beenaround six episodes. The episodes involving Matt's romance had an ironic twist to them. His romantic interest was aNavyman, whohad to stay in the closet. Matt pressed him to ...Melrose, continued onpage 6 Approximate dates of stay? I Name I Day Phone ( citizen.) cordially invited to a cocktail reception Join us for cocktails *^USS^ißesidences, ; J think it's timethata gay character be given a serious role in amajor series. However, I 'm disturbed thatMatt,the gay character, is basically a token character. Throughoutthe seriesMatthasbeen the least used ofall the major characters. During the first episodeshis sexual preference was only implied. In fact, wherethe law ofsoap operas is that all soap operas must havea wedding, theonly weddingwas whenMattmarrieda woman. (A marriage ofconvenience soshecould becomealLS. sponsored by Hodgson, Russ, Andrews, Woods & Goodyear of Buffalo, New York. For more information on the rl J always a cliflhangerending. When the series began, one facet whichmade theshowlookadmirable was that one of the main characters is gay. I TO THE CLASS OF 1996 j I FAX or Mail to: I Summer Living i NYU School of Law 240 MercerStreet I New York, NY 10012-1558 I FAX: 212-995-4033 Ihaveaconfession. I'm addicted to MelrosePlace. It'sacompletesoapopera, with all of the elements thereof: More affairs than I have hairs on my beard; every cast member looks like a model; each couple breaks up and gets together an infinite number oftimes; and always, always, HODGSON RUSS ANDREWS GOODYEAR J AnORNEYS AT LAW Live in the heart of historic Greenwich Village this summer. One-WeeK Minium Stay Dan Harris,. I— v I SPECIAL SUMMER RATES Commentary: A-5 I February 22,1994 The Opinion 3 �Opinion Mailbox Volume 34, No. 11 February 22,1994 February 22,1994 Volume 34, No.ll Volume 34, No. 11 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: NewsEditor: Feahires Editor: Layout Editor: Photography Editor: Art Director: February 22, 1994 Paul H. Roalsvig Kevin P. Collins LisaNasiak SharonNosenchuck Peter Zummo Evanßaranoff Dan Harris Katliy Korbuly StaffWriters: Saultan H. Baptiste and Paul Beyer Contributors: Steve Balet, Karen Bailey and Jay Chatarpaul ComputerConsultant: Peter Beadle EDITORIAL Give It Some Serious Thought Last fall, this newspaper expressed its support for theidea thatthe UB School should move its future home to downtown Buffalo. Recent Law articles and editorials in the Buffalo News (Feb.6, Feb. 7, Feb. 16) demonstrate that the idea is beginning to spread among members of the Western New York legal community, as well as other local community leaders. Justice M. Delores Denman of the Appellate Division of State Supreme Court has come forward as a chiefproponent ofa plan calling for the incorporation of a new Erie County Court complex with a new law school building. Supportingthisproposal, State Appellate Judge Samuel Green stated that many law students at ÜB, by thetime theygraduate, will never have seen the inside of a courtroom, and "... that's wrong". Attorney Peter J. Fiorella, Jr., president-elect of the UB Law Alumni Association, is also for the move downtown. InhisFeb 16. commentary in the Buffalo News ("Returning UB Law School downtown would benefit students''), he compared moving the Law School from its downtown home to the Amherst campus in 1973 to pulling a flower "out ofthe garden" and stickingitin "atest tube". Only that "infinitesimal percentage' ' ofthose law students destined to become law professors benefitted by the law school's move to Amherst, he writes. For the vast majority of law school students, "the flower wilted. The objections to this proposal have come primarily from the many levels of faculty and administration at SUNY and the Law School. Despite the number of articles on this topic, UB President Greiner has simply deemed the issue too premature to discuss. But Dean Boyerhadalready, bytheendoflast summer, complainedoftheinadequaciesofO'Brian Hall in housing the Law School. Other objections are couched in terms relating to how UB Law School's legal philosophy would suffer, or how the multi-disciplinary programs and courses makes it imperative that UB Law School remain a part ofthelarger campus. Butthesemulti-disciplinaryprograms constitute only a small minority of law students. For the vast majority, there is perhaps lacking todaya neededbalance between learning the theory and the applicable practice of the law. It is the striking of that balance that makes a great law school. Another argument is that SUNY, with land holdings in Amherst, would never agree to purchase the additional real estate in downtown Buffalo needed for a new law complex. However, the Buffalo News editorial ofFeb. 7 addresses this issue, and states that plans could be drawn up whereby Erie County and NY State share in land and utility acquisition costs. The proposal should be given serious consideration. If this Law School in fact desires a closing workingrelationship with its alumni and the western New York legal community, it should be paying close attention to those voicesthat offer solid suggestions on how to improve the standing ofour law school. To hearthat a faculty member responded to this proposal by asking rhetorical ly '' Why not move the courts to Amherst?" onlyreveals a lack of concern for the long-term interests of our law school. Copyright 1993. The Opinion. SUA. Any reproduction ofmaterialsherein is strictly prohibited withouttheexpresseonsentofthe Editors. The Opinion ispublished every two weeks during the Fall and Springsemesters. It is thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. Die views expressed in this paperare not necessarily those oftheEditors or StaffofTlie Opinion. The Opinion is a non-profit organization, thirdclass postage enteredat Buffalo,NY. Editorial policy ofTlieOpinionis determinedby theEditors. The Opinionisfunded by the SBA from StudentLaw Fees. TheOpinion welcomes lettersto theeditorbutreserves theright to edit forlength and libelous content. Letters longer thantlireetyped doublespaced pages will beedited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)645-2147 orplacedinlawschooi mailbox761. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsedby theEditorialBoard ofThe Opinion. 4... The Opinion February 22,1994 ■ Don t Downplay President's Conduct To the Editor: James Lynch's recent letter to The. ion, while valuable as a much-needed call forcooperation, dangerously downplays the misdeeds ofthe SBA President. James refers to Baptiste's actions as "... alleged slights, real or imagined." However, Saultan'sactions were, unfortunately, veryreal and far more thanmere "slights." The fact is thatthePresident used publicmoney forliisownpersonal debts. Compare thisaction to Webster's Dictionary's definition of embezzlement: "to appropriate (as property entrusted to one's care) fraudulently to one's own use.'' James' letter also fails to acknowledge that tliismatter could have been settled long ago if the President hadacted with some dignity early on. When Marc Panepinto and I first discoveredthePresident'suseofSßA funds forhis personal phone bill, we called Saultan in Boston and gave him theopp< irtunity to handle thisproblem ma forthright manner otitisown choosing. Instead ofrespecting tiiisopportu- nity, lie setdown apaUi o tretaliatory behavior and accusations ofpoliticking that has prolonged thiscontroversy and hurt innocent parI would welcome nothing more than an expeditious resolution of this matter and I respect James' distaste, as a Quaker pacifist and an SBA colleague, for therurbu lence atthe SBA. However, actions such as those in question, particularly by one who hopes to practiceaprofession in greatneedof image-building, cannot be swept underdie rug. That the process has been less than perfect does not detract from the gravity of these misdeeds and the need to adequately address them. We are all being trained to arrive at the truthbehindwrongdoing and defend the abstract concept of justice. Let's not betray that charge in the name of avoiding conflict, a difficult, yet necessary, element ofourpolitical and judicial systems. Paul A. Beyer SBA VicePresident Baptiste's Firing OfAssistantWas Wrong To The Editor: Justanother letter concerning Saultan Baptiste (surprise, surprise). However, I am not writing to substantiate or comment on any of die allegations offiscal misconduct. I am writing to comment on another of Saultan's actions: firing Robin Leve as SBA Administrative Assistant. Not to belittle Saultan's otherntisdeeds, butlitis, in my mind, was a far more inappropriate action than the alleged misappropriationof funds. As many of you know, Saultan tired Robin Leve as Administrative Assistant on moming this occurred. I,along widia couple of other students, gave Saultan the benefit ofthe doubt,andasked him why hereally fired Robin. It seemed doubtful he would do so merely to underminehis accusers. Hisanswer was thathe didhavegood reasons forhis action. He told us, though,that hecould not discussthesereasons untilthe SBA meeting thatnight. Goodenough. I wantedto hear this, so I attendedmyfirst SBA meeting. Saultan showed up, refused to give any explanation as to why he fired Robin, and left. As far as I know, he has never given the reasons he has claimed exist. Obviously, the only reason wastliepe try factthatsliewas hired byPanep intoand Beyerrather dianby ourgreat SBAPresident. Prior to the firing ofRobin Leve, I had beenriding (lie fence concerning whether Saultanwas truly guilty oftiie misdeeds alleged, but his actions in this instance persuaded me that his character is not diat of someone I want representing me. Robinwas fortunately rehired by the SBA (with Saultan absent), but there is have been penalized? Saultan fired her first still somehouse cleaning to be done. Enough thing thatmorning. No thoughts ofher feel- sugar-coating Saultan Baptiste shouldbereings. Nothoughts ofthefact that sheisahuniau moved fromoffice before he wastes the SBA's being. Isn't tiiat fact more important than time ortarnishes die school's reputation any Saultan'sdesire forrevenge against thosewho longer. exposed him? Chris Widholm,2L I happened to stop in the SBA o ftice the her second day of work early in December. Why? Wasshelatefor work tliatday? Did she get caught making long-distance personal phone calls withoutpaying for them? Was she unqualified? No. She was fired because die day before she washiredby two other Executive Board members, Paul Beyer and Marc Panepinto (which isapparently properprocedure forhiring an Administrative Assistant). Even if it was notproper, diough, should she - Federalist SocietyAngry With 'Phil' To the Editor: I wouldreally like to discussthebrainless comments made by "Phil" in the holiday? Areyouso insecureinyourliberalism tliatyou feeltiireatened by tlieFederalist Soci- Opinion'sValentine'sDay issue. Firstofall, it's' 'Mark" Urbanski, not"Marc,'' thankyou verymuch, Fill. Isthat" Fill" as in " FuUuvit" ? Yes,Fill, that wasan ad hominem. You seem to be familiar with that form ofexpression. You managed toattack dieFederalist Society, or its president Mark Urbanski, no less than five times in die Opinion, as well as Dean Boyer, faculty members, and UBLaw School in general. What is yoiu problem? Are you bored or do you simplyhave a highlighter up your butt? Are you upset because it's Valentine's Day andyour sexual dysftuiction at UB Law School that you feel compelled to insult the veryinstitution that was compassionate enough to admit you? So insecure in your manhood(orpersonhood)diatyou feel dieurge to spew your unwanted vomitous ramblings throughout the Valentine's Issue ofthe Opinion? Look, you schmuck, ifyou havea problem with the Federalist Society, why don't you come toournext meetinganddiscuss itwith us? Otherwise, keep yourpetty Juvenile, ignominious, luiprofessional, inappropriate, excremental comments to yoiuself. has prevented you from fully enjoying the m— ety?So insecureaboutyoiumerepresencehere Mark Urbanski ———————————————————————— ••• KJplttlOfl lYlCllluOX. continuedonpage 6 —n j The Opinion's Next Issue is March B.The submission deadline for that issue is Friday, March 4. �Fuel For Thought Features Editor By Peter Zummo Moving It's idea that seems to be gaining momentum widieach passing day: Build a new Law School in downtown Buffalo. Welike to think thatit all started with an editorial in last semester's Opinion, and now it seems The Buffalo News has jumped on thebandwagon. That newspaper first broke the story with a newsarticleFriday.Feb. 4, followedup withan editorial praising the idea on Monday, Feb. 7, and justlast Wednesday ran an op-edpiece by PeterJ.Fiorella,Jr.,President-electoftheUß Law Ahuraii Association supportingthemove. 1 think the ideahas merit, but there are a few issues (hat directly affect students that have not been raised. First, parking. Ifyou thinkparking onthe Amherst campus is bad, wait until you try parking downtown. I think that it should be made clear right from the start that adequate and affordable student parking must be provided at the new complex. By adequate I don't mean 100 spaces for 900 students, I mean at leastSOO spaces loran anticipated 900 student enrollment. Most students who live in the Buffalo H DowntowmA Good Idea, But... areadon'tuvedowntowniiow,andwon'tiiithe Has anyone checked thecrimerate for down- corree wmiout ieeimg luce we re ar urana future if UB relocates. They will commute, town Buffalo lately? It seems not a day goes Central Station. With the current level ofState funding and will need parking. Shidents who are not by withoutanother murder in tliecity. Sure, the SUNY, to it justmight bethattheonly way w proposed Courthouse/University complex from WesternNew York will also needparkfrom 9 to what can realistically hope to get a new building 5, but ing, because thelast time I checked, mdessyou would probably be safe whenHie ime? through ajoint venture, withdie State, County judgesand lawyers goIk coiuit $200,000condos, tlierewasnoavailable happens City all participating. There would b both the of the and building and housing in downtown Buffalo. Most people The security of should somebenelits to having UieUniversity becom beofparamountconwill continue to live in the suburbs, or at best, studentsat night to mrt complex. Students wouldbe to have a apart of the G right in othersections ofthe city. As formass transit, cern everyone. Students real, working law on a dai! to exposed classes and a environthe study in secure doyou really want to be riding the Metro tram attend look having to over basis. Clinical experience would be read! orbussesat 11 o'clockatnightafteralatenight ment, without constantly all, to dieirshoulders. available and the ambianceof snidyin study session at theLibrary? I know I don't. think there no law a court functioning complex mightmak I in wrong, Don't is getme Let's not forgetabout theaffordablepart the needs a new and raise ou perhapseven at all that Law School ÜBmoreattractive $7 doubt of thcequation, either. I don't wantto pay now, national separate identity ranking. We have no no toslOadayfortheprivilegeofparking. Itliink building. thecurrent$ 50 transportation fee should cover independence at all. o'Brian isbeing used for Given the choice between O'Brian anc undergraduate classes and by other departthe cost completely. floor second a new building downtown, I would favor di to ments of the The University. Another important factor beconsidlaw But thereareproblems to overcome anc more ike an walkway than a move. 1 airport the latest seems statisered is safety. According to on is nonserious issues that will affect the studen virtually days. school most Space tics, (The_Sjiejaruni, Monday, Feb. 14,and at We need more classThese concerns must beaddressee everyday. existent this point. Wednesday, Feb. 16) crimeand auto Uieftsare resolved and more student and before the decision is made to rooms, more office space ontherise atÜB. Right now, weareasuburban to with As we no this place proceed project. As bad as we hay lounges. things stand, have campus, located inAmherst, one ofdie safest conversation, now, or want I want to it wouldn 't quite tojiunp from thefrying atour we have a go if towns in Erie County. Ifaproblemexists of intothe with for a and fire. cup pan down some friends justsit current location, what will liappen downtown? ■■ ■ 111 I II ;p»- parents-friends >° ■ Hill If 111 ■■■■■! ore \o**»jers. 6C(a,me be.it -friends mit* all |m III II ■. twars. MC* I\> HP** (W T' ) IT#/ , ? > A° ,*0 ■ IINTERROGfiTIOMS |a.'Wh36 ho«iA«e |3.U»v/KWecaa I - . 0 Par .0.0.0.0.0. OrKn^.l J yN 1 P.eces (A) ~ dice . • 0 0 jdaMT 0 .0 —V— J the,r O Qotv-er "L.fl. --= I TZ^±f^l^a^^L.m v' W <f v I * « 'IwV obs "***■ a uMe ,Nj|Mf[[HK ? The placer u/.<»h the least o-- „a»~Z7X»7T"M H's >t,13 ftrst.Players 4-alce o **"S 301n9W.pl «™ d 6 uses ro* m a pcrpe+ual circle. Vrecnow /.errc/cs ■ to Comproroise -*«,<» S4er-s thft last • -»*or.- 9<M*« «wa»w his/her efhical s+andcu-ds, .q.0 . >-, 0 ©199H IAKE Z« SU6T6CTS amo ordered . bu"TSSis pauon ;*=£ 0 * a,- SSMf of "*P "inttrv.-fti.ed offered i clients" «?«*?*> 'if' '/ —~ " sM£+s IT/,(V a*id "rrwidest rrr=~j\ ' I *"•** IftpOl V C A ' 0• ■ ?OC? " o -l ■ v• ? r7 n flom »nd Dad la"t ves aj*»'° v ' The J&b Hunt dm l mKll — cUssmates u*«te I Ideals tolls ■ disasters and 13 \, . ii_ D)« . ° S«E v. iCorbuiy; * 'ftSU I*-paper K | C\ \> x ~«;> wouub, wcMi.woi*. airplanes r 7<tt ,' g on \ YOU PASSED.. GOTO February 22,1994 The OpinionPage 5 I 5... �Opinion Mailbox, Continuedfmm Another ResponseTo Kalasnik's Letter traditionally shared.. .special bonds.'' This is even more baffling when considered in the I feel compelled to respond to Mr. Jay context of the life ofDr. King. The division Kalasnik's letter.to the editor (Opinion, Jan. betweenblack and whiteis oneofthe deepest 25). Asapreliminarypoint, I must note that one in tli is society, and whileI wouldagree thatthe of the problems we have in bringing people cause ofjustice and equality is not served by together in this society is the ease with which thosewhose inflammatory rhetoric servesonly we label one another. Both in our speech and self-aggrandizement, onecannot look to those inour minds itis comfortable to impose some who arereacting to the divisions in thiscountry structure and orderon the chaos oflife. Thus and blame them for these divisions. Those we use words that label people and groups. divisionshave been caused by the pervasive, words (e.g. "leftist," persistent (and perhaps ineradicable) racism These "multiculturalist") are often used pejoraofthis society. Thisracism takesmany forms, tively. What is worse, the use ofthese words ranging from theovertand violent (as seen in is often not descriptive at all, given that the themurderofYusufHawkins in N.Y.C.) tothe range ofattitudes and opinions forms a specmore subtle variety (such as having to wait trum, and thesepoints ofview are not suscepsignificantly longer than other patrons to be tibleto such arbitrary groupings. Such groupserved in arestaurant) thatflourishes whenthe ings serve a political purpose, however. By law finally discouragesovertracism. Thoseof us who recognize this must understand that pointing to tlie fringe element, withits fantastic claims and demands, and labelling it many whoare not thevictims o fthisracism are "multiculturalist," one can diminish thecredoften blissfully unaware ofit, and even those ibility ofthose who merely wantto ensure that, withbenevolent intentions may be bewildered for example, thecurriculum is fairand objecby those who point itout. I suspect thatthose tive, and takesnotice ofall ofus. This brings wholive their lives confronted by these chalinetomymain point:althoughldonotdisagree lenges would not claim to feel any "special bond" with allAmericans. I can only speakfor entirely with Mr. Kalasnik's letter, his comment that "multiculturalists" will wreak myself, however, and so I must state that although I am proud and grateful to havebeen havoc on thisnation by "destroy[ing] thespecial bonds that all Americans have tradition- born in this great, albeit imperfect nation, on the birthday ofDr. King, I can onlyremember ally enjoyed,'' prompts me to pen (word process?) this letter. I find it hard to believe that thatI haveseen far too much from my provinanyone growing upwith his orher eyes open in cial, bigoted, close-minded brethren to beable America couldthink that"allAmericans have to deludemyself into thinking thatweallshare, ...Melrose, continuedfivmpage3 l page 4 orhave traditionally shared,a special bond. EdwardV.Jeffrey,2L To the Editor: SBA SaysThankYou The Student Bar Association and the Buffalo Law Review wish to thankall those whoworkedliard inpainting, plastering, moving furniture and thegeneral renovation efforts in rooms 603/605. Yourwork has provided new and improved office space forstudent organizations. Thanks foryourhelp: Michael Jung SaraAshcraft Jeanßreiuiar JoeKhan na Paul Beyer JenniferCardamone PaulDarcy DaveKoehler Ben Dwyer PaulRaimondi AmosEdelman Shirley Fang Darryl Salas AlanaFuierer TomGlascock Kristin Graham Stu Graham EdJefferey JamesLynch Michael McLaughlin Chip Russell Kevin Szczepanski Doug Sylvester JeremyToth Eric De La Vega Sincerely, Saultan H. Baptiste SBA President and Jolm Craik Editor, Buffalo Law Review D The ocket WHAT: "AnimalLiberationTliroughaFeministLens" 108O'BrianHall WHERE: Human Rights WHAT: Graduate Group on WHEN: Wednesday,March2,4pm. Meeting THE LOWDOWN: Batyaßauman ofFemiWHEN:Tuesday,Feb.22,3:3op.m. nists for Animal Rights presents a lecture 256Capen WHERE: LOWDOWN: Planning for Human Rights addressing the similar treatment ofanimals Week. Any questions orifyou can't make the and women in a patriarchal society. Lecture is meet ing and wouldlike to be involved with the free ofcharge and open to the public,sponsored planning for Human Rights Week, contact by Students ofLaw for Animal Rights (SOLAR). Sharon, 408 O'Brian, 645-6184. The Low down WHAT: Human Rights Week WHEN: March 7-111994 LOWDOWN: Aweekofhumanrightsevents sponsored by the Graduate Group on Human Rights. Human Rights Week is a week-long series ofevents promoting humanrights. The Grad Groupencourages all UB organizations to sponsorhuman-rights related eventsduring tions, contactManii Bogart. this period.Events tliathavebeen sponsored in the past include speakers, videos, and other WHAT: Annual Mugel NationalTax Compepresentations. I fyourorganization wouldlike titionSemi Final and Final Rounds to co-sponsor a human rights event during at WHEN & WHERE: Feb. 26; semi-finals noon inrooms 107and 109 O'Brian Halland Human Rights Week or you would like to participate in the Grad Group, contactSharon, finals at 3 p.m. in the Moot Court room. room 408,645-6184. The a Mugel Competition is LOWDOWN: mootcourt competition sponsored by national the Buffalo Moot Court. It will involve oral WHAT: Patent Bar Review Course argument concerningajurisdictional issue and WHEN: March 10-13 WHERE:New York University SchoolofLaw whetheradivorced spouse is liable formisrepresentationsmadebyherhusbandtothelßSon LOW DOWN: TheInstitute forPatent Studies has scheduled a local patentbarreview course their joint tax return. for law school students. The course is for WHAT: James A. Coon Memorial Writing studentswho are preparing forthe registration examination in theU.S.PatentandTrademark Competition Office. Total number ofclassroom hours is 1, March by Entries must bereceived WHEN: fifty; one half ofthe program is directed to 1994. LOWDOWN: The NewYork State Bar Asso- reviewing the Manual of Patent Examining ciation Municipal Law Section has estab- Procedure and the other half is directed to lished an annual writingcompetition on New claim drafting and analysis. A 1994Program YorkLand Useand Zoning Law. The winning Guide and discount information can be reauthor willreceive a $500 cash prize and their questedby calling theInstitute at 1 -800-392-6512. entry will be published in theMunicipal lawyer. The competition is open to any student attending a law school in New YorkState. For WHAT: Possible Establishment ofAmerican more information call Patricia Salkin at (518) Trial Lawyer's Association Student Chapter THE LOWDOWN: ATLA's(AmericanTrial 445-2329. Lawyers Association) Law Student Services WHAT: AWLS speaker WHEN: Tuesday, Feb. 22,at4:00 p.m. WHERE: 207 O'Brian LOWDOWN: Paula Eade Newcomb, Esq., attorney withHurwitz, Fine, whose practice specializes in insurance, litigation, and nofault arbitration, will be speaking. Any ques- 6... The Opinion February 22,1994 Committee has agreedto help UB Law School establish an ATLA Student Chapter. Interested studentsshould contact Dean Newell. WHAT: Sub Board I, Inc., the UB studentowiied, student-operated campus service corporationwould like to announce theavailability of its Programming Grantsfor the Spring 1994 semester. WHERE &WHEN: Grant applications are available in room 341 oftheStudentUnionand are dueMarch 1,1994at4:30pm. LO WDOWN: Grantsare available to student organizations and innovativepublications for the expansion ofexisting programs orthedevelopment ofnew ones. For more info rmation, contactDon Johnsonat 645-2954. WHAT: Vermont Law School's Summer Environmental Law Program LO WDOWN: For brochure and application, writeto SummerSession, VermontLaw School, Environmental Law Center, PC) Box 96,South Royalton,VToso6B,orcall 1-800-227-1395 extension22ol. ApplicationsaredueMay 1. come out of the closet. The point ofthe episodes appeared to beabouthow important itis for society to accept sexual preference. W hat I find so ironic about the story aboutacceptanceofhomosexual romances iswhatwasshownoncamera-ornotshown on camera, to be precise. With all ofthe heterosexual couples running around Melrose Place, never have I seen an episode that didn't show a couple in bed, kissing, the woman's shoulders bare; the activity obvious. I had hoped that they would show the same with Matt. Any sexual activity between Matt and hisromantic friendcan only be implied orsurmised. Therewerenobedscenes. No kisses were exchanged betweenthem. No requests to make love weremade between eiiherofihein,asopposed torequests being made in every episode by involved heterosexuals. The episode showed only two tilings. First, the menhugged. Somehow, that just doesn't seem to imply or say anything at all. Many series show heterosexual men huggingall the time. It'sasign offriendship. It saysnothingaboutromantic interest or sexual orientation. Second, inone scenethemenreached to out hold hands. That's an important gesture. Idon'toftenseeheterosexualmen holding hands. However, although thetv screen showed the men's arms near each other, (heir hands were kept off screen. Apparently it's taboo to show thatmuch contact between men on tv. In many ways tv provides us with examples of life outside our own small worlds. Let's face it, no matterhowactive our lives are, most ofus see only a small picture of the whole ofsociety. I realize that tv for the most part is a fantasy, an unreality. Obviously no place has the action, and exhausting interpersonal exchanges ofMeJrojjeJMasg. Nevertheless, tv providesexamples ofpossibilities. In some ways once we see something, it providesuswithanexampleofwhatcanbe made acceptable. An example ofthis comes from the classic tv show Star Trek (the original series). As science-fiction, obviously the show was fantasy. However, societalactions within the fantasy worldcan be very constructive. Looking beyond the spaceships which will never exist within our grandchildren's lifetimes, the series has the distincthonorofhaving shownthe first interracial kiss on tv. Despite the rest of the show beingabout aliens, I don't think people dismissed this action as fantasy. No matter whatthe program, Ithink it'simportant for tv to portray the world that can, and should be. I admire the producers ofMelrose Place for having a major character who is gay. Now I hope they can take the necessary step, andportray a gay person's life in the same detail as aheterosexual person' s. ...Darrow, continued frompage 3 debate over creationism and evolutionism. Since thereis no jury, hisclosing arguments in each case are directed at the audience, which becomes the jury. This form ofaudienceparticipation works very wellasl fellthe force ofthis great litigator's oratory and the emotional appeal of his arguments to his juries. The play dragsa b it during longperiods ofmonologue betweenthecourtroom scenes. However, during these periods the play becomes an interesting history lesson from a talented storyteller. Keller depicts with believable horror the living conditions in Pullmantown before the Pullman strike. He I L also spins (he bizarre tale ofthe Haymarket Square bombing and the socialand political sentiments surrounding that event. I would recommend this play to all law students. At a time when thelegal profession is suffering fromalowpublic image, "Darrow for the Defense" provides some hope and inspiration froma great historical figure. The play continues to be shown at the Cafe in the Square at thecomerofHarlemRoad and Main Street in the town ofAmherst, NY., with performances Friday and Saturdayevenings, as well as Sunday afternoons. Reservations arerecommended by calling 882-5914. Probing,Timely, Controversial, Beer... Join the Opinion. Ca J!il!i*l j I J �I BAR REVIEW I I Introducing... I tm Immediate review of key bar exam principles 1 M^ lnstant diagnostic feedback in 30+ MBE sub areas Customize your program by adding personal notes I J Two test modes double your study options I A I I I [P P| ■ from the leader in bar review innovation! I I I I I jk &# MPRE LECTURE Presented "by STANLEY D. CHESS Bar Review Date: President, BAB/BRI More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRPs course on the Multistate Professional Responsibility Exam (MPRE). For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. BAR REVIEW The Nation's Largest and Most Successful Bar Review 1500 Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 CTTXT i3LJIN • j TTTTU JT H/Jls • Id /til Timp* line. [ AJVI - 3PIVI PIa.CCI i ■■■■■■■■■■■■■■■■■■■■■■I "• �BAR/BRI B ULLETIN DATES TO REMEMBER DAY/DATE EVENT FRIDAY, FEBRUARY 11 official filing deadline FOR MARCH 11th MPRE FRIDAY, FEBRUARY 18 filing deadline for summer 1994 BAR/BRI COURSE SCHOLARSHIPS SUNDAY, FEBRUARY 27 Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: Time: Tuition: TUESDAY, MARCH 15 NOTE: CLASS OF '96 & '97 ROOM 106 11AM 3PM FREE for BAR/BRI enrollees - i) 1994 book distribution begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - WEDNESDAY, APRIL 13 last WEDNESDAY, APRIL 27 filing period begins day for: i) book pick-up 2) DISCOUNTED TUITION for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins at live location WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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Therecall election will take place on March 21 and 22 outside thelaw library from 9a.m. to 4 p.m. Therecall votehad beenonhold until 75 more signatures were added to theoriginal recall petition, which was presented Feb. 2. According to SueEhi.thechairoftheßecallCommittee, law students will vote "yes or no" on whether to recall the president. If a majority votes "yes" to recall the president, Baptiste will beremoved from office. Those voting "yes to recall Baptiste will also beable to write-in the person they want to succeed him if the recall passes, Etu said. The write-in candidate that receives a plurality ofthe votes will become the new SBA president. According to Article 3, section 3Cofthe SBA constitution, executive board membersareelected "by apluralityofthe votescastforeachoffice.. .providedthatthe pluralityincludes at least one-third ofthe ballots cast in the race. Should no candidate receive therequired minimumpercentage ofvotes, then the candidates withthe three highest numerical totalsof votes, provided each suchindividual total is at least 15 percent of the total vote, shall participate in a run-off election.'' Etu ...Recall, continuedonpage 10 Heated DebateTurnsViolent at SBA Meeting by.Jay Chaterpaul, Contributor In a heated debate over the constitutionality of the recall petition at the Student Bar Association's Feb. 23 meeting, one class director lashed out at a fellow colleague. At the Feb. 23 meeting, Sue'Etu, a first year class director and chairperson of the SBA's Recall Committee, declaredthat4o ofthe 88 signatures submitted to the SBA at thatmeeting (the original deadlinefor submission ofpetition torecall Saultan Baptiste, the SBA President) were invalid because thepetitiondid notconform to theSßA'sconstitution. According to Etu, the 45 signatures were on apetition which didnot specifically delineate thereasons for therecall, as the SBA constitution requires. This prompted a heated debate between Etu and 3L Representative David Nemeroff, whocontended thatdie SBA constit ut ion provides that (lie reasons for therecall, along with the signed petition, should be submitted to thepresident ofthe SBA, not to the students. His position was that it was not necessary that the students who signed the recall petition knowwhy theysigned it. Theemotional debatebetweenNemeroffand Etu took a violentturn whenNemero ffflung afull canofsodaat Craig Brown, a first-year class directorwhowas sitting nexttoEtu, and apparently agreeingwidiher position. The sodasplashed all overBrown, but he was not seriously hurt. Brown later stated:''It isunfortunatethat the SBA has beenreducedto this. Thisaction were more appropriate foran elementary schoolrecess than a SBA Board meeting. Saultan Baptiste, who wasnotpresentduring theinci- dentbecausehehadpreviouslyadjoxvrnedthemeeting.said he was appalled at Nemeroffs action. He stated that' 'law students come tolaw schoolforeducation. They shouldnot have to worry about [their] physical safety.... There is no logical excuse forassaulting anotherstudent." Concerned about the recent violentactions displayed at SBA meetings, Baptiste called in aPublic Safety official to monitor the SBA's March 2 meeting. Quorum ProblemDiscussed AttheFeb. 23 meeting, SBA directors also discussed waysto reduce quorum. Stillplagued by consistentabsences, resolving the quorum problem is still a goal for the SBA. Second and third year students have the most unexcused absences. Nemeroff proposed to hold absent members ac...SBA Meeting, continued onpage 10 King Daughter Calls For Racial Harmony 1969-1994 by Paul Beyer, Staff Writer ■ The Eighteenth AnnualMartinLuther g, Jr.Commemoration was personalized this yearby the presence ofBernice King, the Rev. Doctor's youngest daughter,as its keynote speaker on Thursday, Feb. 24, in SleeHall. The event was sponsoredby theMinority Faculty and Staff Asso JoeAntonecchia andfriends playing disc. See Joe. See the disc. See the classic smile. See the beer. Stop. Take time to drink the beer and play disc. Seepage 7forremembrances. Court Bans Military From UB Machado, byLeslieP. Contributor Late last semester, the Supreme Court ofNew York handed downadecisionthatcould havewide repercussions, not only fortheUniversity at Buffalo School ofLaw butalso for otherschoolswithinthe SUNY systemandlaw schools throughoutthe country. Judge DianeLebedeff decided thatthe U.B. Law School policy ofallowing themilitary to recruit on campus, to use the facilities and the placement services ofthe law school, was in conflict with the state's Executive Order not allowing employers who discriminate against homosexuals to avail themselves to resources ofa state agencyand thus could not be allowed to continue. Evan Wolfson, a senior staffattorney at the Lambda Legal Defense and Education Fluid, whorepresented the lesbianlawstudent who filed the lawsuit, called the decision "a weapon to be used against discriminationeverywhereandnotjust forlawschools.'' Wolfson said the decisionapplies to all schools within the SUNY system and could be used by mdi viduals in other cases against otheruniversi- ties. Debbie Gottschalk, president of the Lesbian, Gayand Bisexual Law Society said, "we were ecstatic about winning. We think it'sagreat day forBuffalo andI'm sorry thatit tooka lawsuit tobringBuffalo intoline witha majority ofthelaw schools and the American Association ofLaw Schools who don' t allow militaryrecruiting on campuses.'' Askedifshebelievedthedecisionwoukl havea longterm impact withrespect to changing attitudes or behavior, Gottschalk said,' 'I know ofone personwho didn'tpursue an application with the JAG corps because of the military policy on discrimination based on sexual orientation. Any time law students come forward and assert theirrights, it educates fellow studentsand breaks down stereotypes and prejudices.'' Nancy Stroud,treasurerforLGßLS,said, somebody outtheremustbe looking out forus. Itwas Military, coniinuedonpageS ' 'when the decision came, it was like ... ciation and the Office ofthe Presiden ofthe University a Buffalo. Re v c re n < King' s dynamic ora tory shook the pris throughAMEN (Active Ministers Engaged in Nurturing), an organization sheco-founded. TheKeynote Address waspreceded by introductory remarks from Marjory Avant, President oftheBlack Law StudentsAssociation(BLSA). Avant'sownfather foughtforthe rights ofthe traditionally disempowered and "One oftheproblems with this country is that we know how to celebrate holidays, but we don'tknow how to celebrate life." tinewallsofSlee Ha and inspired the audience to frequent emotional cheers and applause. Even though her cadencewas clearly reminiscent oflier father, it was evident that she had developed a very effective speaking style ofher own and was well on her way to becoming a preeminent spokespersonfor peace andracial harmony. King made her public speaking debut before the United Nations at age 17 on apartheid in South Africa. Eight years later, she gave her trial sermon at the Ebenezer Baptist Church, where her father had also preached, and she was ordained two years later. As both an ordained minister and an attorney-at-law, Rev. King currently serves as an advocateanda rolemodel forat-risk youth —BerniceKing actually met Martin Luther King, Jr., who visitedhis homeafter aspeaking engagement. "As a childofintegration,I havereaped therewards ofthousands ofpeople whomade sacrifices during thecivil rights movement to guarantee me a place in the greater society," saidAvant.'' I benefit from therights thatmy ancestors couldnotenjoy.'' Bernice King focused on four primary areas in her presentation: public policy, vio- lence, racism and socialchange. Sheprefaced these topics with an emotional critique of America's misdirected penchant forcelebration. "We celebrate Columbus Day, even .King, continuedon page 10 HIGHLIGHTS GroupSpotlight: P.A.D Editorials and Opinion Mailbox Joe, Ruth and Joanne Remembered Roaming Photographer. Student Fights For His Privacy Rights Docket 3 4-6 7 8 9 I I �NOW, HERE'S THE DEAL . ***THIS OFFER BEGINS ON FEBRUARY 14,1994 AND ENDS ON MARCH 18, 1994** EASY AS ONE, TWO, THREE... ONE: REGISTER FOR PIEPER=> RECEIVE $100 OFF (THIS MAKES YOUR COURSE PRICE $1295) TWO: REGISTER WITH A FRIEND=> RECEIVE $150 OFF! (THIS MAKES YOUR COURSE PRICE $1245) THREE: REGISTER WITH 2 FRIENDS=> $200 OFF! (THIS MAKES YOUR FINAL PRICE $1195) IF YOU HAVE ALREADY REGISTERED WITH US, THEN REGISTER ONE FRIEND AND WE WILL DEDUCT ANOTHER $50 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $100 OFF! WE DIDN'T FORGET YOU!!! SIMPLY RETURN YOUR APPLICATIONS AND DEPOSITS TOGETHER AND WE WILL CREDIT YOUR RESPECTIVE BALANCES. IT'S THAT EASY! SEE YOUR PIEPER REP NOW!!!!!!! PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. THE EDUCATED CHOICE!!! CALL 1-800-635-6569 �SpeakerTalks About Gender, Crime and Punishment PhiAlpha Delta PAD Works Hard For Law Students byM. Bridget Cawley, Contributor byDiannaL. Ramos, Contributor Busy,busy,busy! That's what the 70 Phi Alpha Delta joiningP.A.D. Christinrecalls atime during a recent jobinterview whenbeing a P.A.D. member paid off. It seems the interviewer was also amember ofP.A.D., evidenced by (P.A.D.) members have been this pastyear. In addition to organizing afood drive the fraternity plaque hanging on the wall. As farasChristin is concerned, this connection lastNovember, providing firstyear law students with orientation/survival materials, provided something totalkaboutand worked and publishing the very handy law school as areal ice breaker. In case you're wondering what else student directory, theyhave somehowmanP.A.D. is cooking up, there are plans for a aged inrecent weeksto sponsorablood drive fortheRed Cross, and holda carnationsale to speaker to address the students on "How to Manage aLaw Office'' scheduled for someraise money for theirorganization. Allofthis is in addition to conducing recent elections. time in March. Interested students should Now ifthat's notenough to makeone wonder checkthe usualplaces forposting oftimeand where they find timefor asocial life, nothing ■Mi: Jplace. On April 18and 19,P.A.D. willsponsor Christin Horsley, Justice ofP.A.D. another blood drive for the Red Cross, and will. None ofthis shouldreally come as a officers, along withtherestofP.A.D.'smemurge all students tohelp out by signing up to surprise.ho wever; considering thegoalofthe bers at U.B. Law, joinan impressive group. donatemuch needed blood. Plans for next year include joining P.A.D. organization. According to newlyre- Othermembers ofthe organization have inforces with twootherstudentgroups, Amerielected JusticeChristin Horsley,' 'our main cluded six United States Presidents, (includgoal and objective is to organize activities ing President B ill Clinton), tenU. S. Supreme can Women's Law Society (A.W.L.S) and which will servethelaw studentbodyaswell CourtJustices,fiftyLaw SchoolDeans, seven theLaw Review, to provide additional assisas the community at large. It is also a great U.S. Attorneys General, and more than 35 tance to incoming first year law studentsby opportunity for people to get involved and Senators. All together, P.A.D. boastsmemberactually contacting them overthe summer to make new friends.'' shipofmorethan 130,000andis considered the answer questions they mayhave aboutho usThe recent P.A.D. elections resulted largest international law fraternity with over ing or the school in general. in the addition offive first year students to 172 chapters throughout the United States, Any students who are interested in committee positions. The election results Canada, PuertoRico, andMexico. were Justice,Christin Horsley, Vice Justice, Horsley thinksbeing amember ofP.A.D. P.A.D. membership can contact Christin VenitaParker, Treasurer,Laurie Wienecke, makes very good sense. She says that the Horsley directly at box 410 or stop by the Co-Marshals, JillZuberand Heather Baun, increased networking between students and membership table during this week. AppliActivities Coordinator, Eric Dawson, and attorneys, as well as an enhanced community cations formembership and additional inforAlumni Coordinator, Paul Antonowicz. These profile are just some of the advantages of mation will be available. 1 Tax Moot Court HoldsAnnual Competition byHelenPundurs, Contributor TheBuffalo Moo tCourt Board held its annualMugel TaxMootCourt Competition on February 24-26. Sixteen teams competed, including two teams from Buffalo. One ofthe Buffalo teams, consisting of3LsKevinWoods, Francisco Duarte, andHelenPundurs, advanced to the semi-final round, where they lost to Dayton. Dayton went on to win first place, as wellas theaward for Bestßrief. Many judges commented thatthequality ofthe competitors was extremelyhigh, and thatthe competition itselfwas very wellrun. TheAssociate members ofthe Buffalo MootCourtBoardran the competition and the problem was written by Left to Right: HelenPundurs, Francisco Duarte, Prof. A ibertMugelandKevin Woods Professor Nancy Staudt. Phot byKe lan Stern X C^/J^\COk // (EeaturingJohnLombardo andMarffm (fohn and Mary) J) (Hot CargoStrimß^^^MmzYfK~J^^ Although many people view the criminal justice system as a reflection of race and class differences, gender is an overlooked factor, according to aprofessor ofsociology atthe University ofMichigan. Kathleen Daly, who has also taught atSUNY Albany andYaleUniversity.spoke to a group ofabout fifteen people on February 17regarding the effects thatgenderhas on criminal punishment. Daly, who wasat UBlawteaching aßaldy (Center Short course, presented findings fromresearch she conducted for a book being published in July entitled Gender, Crime, and Punishment. She conducted a five-y ear study oftheNew HavenFelony Court in Connecticut. Daly takes Ihc position thatprevious approaches alone are insufficientto study theproblem. Herapproach wasto work withboth qualitative and narrative research. 'Thedominantway that discrimination disparity lias been analyzed in the criminal justice system has to be changed if weare to understand what is happening to accused women, saidDaly.' 'Unless better and more finely textured materialsare gathered it will appear that women are favored in court when they arenot." Daly explained how previous approacheshave beeninsufficient incomprehending thepatterns of the justice system. Data from traditional statistical studies is usually sparseandmeasiiresforpiinishment are cnide. Numbers from such studies revealpatterns contrary to sociological conclusions. Daly also criticized the narrative approach used by legal scholars and prison advocates whichfocuseson and compares extreme cases. Daly suggested that this approach spawned the 1970sprison reform in an attempt to redressracial differences. However, thisreformhas adversely affected female defendants because it claims to makepiinishmenl gender neutral. Thistheory worksto closegapsbetweenmenandwomen by treat ing women morelike men. "There isablindspot in thecriminal justice system", according to Daly. "No one seems to say that equality may be achieved by treating men more like women." Daly takes the position that neither traditional disparitysiudiesnorcompelling narrativeapproachesaloneare satisfactory inunderstanding therole o trace and gender in the criminal justice system and that a moreproductive approach is to combine and contrast the two. From the statistical research, which refers to as her "wide sample", she Daly concluded that gender effects heldacross race groups. However, while race effects were present within a gentler group, they weren't as strong. In analyzing the narrative research, or "deep sample", Daly looked at three different variables ofthe defendant's past. First, sheexamined thepathways to felony court. According toDaly, the females studiedseemed to haye apast more troubled and scarred by victimization. ' 'These gender differences are part real and part amplified by a gendering of knowledge about life experience," claims Daly. She said it was interesting to note that the pre-sentencing investigators, who JO) \ Yod Crews)} (tx aremostly women, made more links between a female defendant's victimization and experience in the past than with the men. Thesecondaspectoftliedeepsample ...Speaker, continued onpage 10 March 8,1994 The Opinion 3 �Opinion Mailbox TePINIONiBf* E SBA President Speaks On Firing of Secretary Volume 34, No. 12 Founded 1949 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: March 1994 Paul H. Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Peter Zummo Layout Editor: Evanßaranoff PhotographyEditor: Dan Harris ArtDirector: KathyKorbuly StaffWriters: Karen A.M. Bailey, Saultan H. Baptiste, Paul Beyer, LesMachado, and SteveBalet Contributors: BridgetCawley,Eric DawsonandHelenPundurs and Joy Trotter Computer Consultant: PeterBeadle EDITORIAL Saying GoodbyeTo Friends This law school and thelaw community have lost three ofitsrising stars. The staff of The Opinion is deeply saddened by this loss, and we wish to express our sincerest condolences to the friends and family of Joe Antonecchia, Ruth Ritchell, and JoanneFuchs. There are no words that can adequately express the type of griefand sorrow that those persons close to these three friends have experienced. Many ofus still are still in shock and disbeliefthat three such wonderful young, intelligent, caring persons are no longer with us. Itmay seem difficult or impossible to envision anything goodcoming from an event that hasbeen so terrible and gut-wrenching for so many. But (this occasion demands that we ask) howwould our livesbe differentifthey were still here? Ifthose three persons were here with us today, would we still be going about our normal routine tasks? Probably. Butifthereisalesson to be learnedfrom such a personal experience oftragedy, it'sthat we far too seldom appreciate from moment to moment the people around us and what each of them contributes to our community and to us. And ifa tragedyin general would teach us thatlesson, whatifanything can we glean from the loss of these three in particular? The answer to that will vary from person to person, andthe variety ofresponses will probably cover the spread which would be the cartesian product of the number of those we have lost times the number of us of feeling that loss. However, something that can be said of each of these individuals is that each was committed to bringing about positive change. And, without implying that we could guess what any of these friends of ours would have wanted, we believe we are safe in our conviction that a fitting tribute to their memory would be for each of us to try to live our lives as they lived theirs, and as we imagine they would have continued to so live. Weknow, as you may too, that this is, as they say, a "tall order.'' But as we continue to study the law, and as we enter the profession, wecan and should try to emulate that spirit of true justicethat each ofthem represented in their own way. Throughout the last few weeks, the lives and activities of Joe Antonecchia, Ruth Ritchell, and JoanneFuchshavebeenheldupto scrutiny by the media, by their friends, and by their families. On occasion, some of us have been troubled by an apparent inadequacy on the part of the entity doing the scrutinizing to convey the extreme complexity of the person something we wish could be well communicated at thetime oftheirpassing fromus. On this occasion, The Opinion may also beaccused of falling short of this goal. If this is the experience of any of our readers, we apologize in advance. Nonetheless, we did not want to let this occasion pass without making some expression of our feelings towards it. Joe, Ruth, and Joanne, if you'rereadingthis, you will be sorely missed. Peace be with you. — Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly prohibited withoutthe expressconsent ofthe Editors. The Opinionis published every two weeks during theFall andSpring semesters. Itis the studentnewspaperof theState University ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StalTofThe Opinion. The Opinion is anon-profit organization, thirdclass postage enteredat Buffalo, NY. Editorial policy ofTheOpinion is determinedby the Editors. The Opinionis funded by theSBA from StudentLaw Fees. The Opinionwelcomes lettersto theeditorbut reserves theright to editfor length and libelouscontent. Letters longerthan threetyped doublespacedpages will beeditedfor length. Please do not put anything you wish printed under our officedoor. Submissions can be sent via, Campus or UnitedStates Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O Brian Hall,Buffalo, New York 14260 (716) 64 5-2147 orplacedinlawschoolmailbox76l. Deadlines for the semesterare the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by the Editoria I Board ofThe Opinion. 4 The Opinion March 8,1994 Although it would be clearly in my ;t to publicly explain why Mrs. Leve, wifeof2LDavidLeve, was legally firedlast semester, suchadiscussioncouldopen SBA to potential litigation, albeit such litigation would beunfounded. Let' me explain. Although SB A is a student organization, it is also the only law school student organization which exists as a legal business entity. As suchjustlike any business, thereason for firing an employee is not publicly circulated lestthe employee suethebusiness fordamages. One such claim could possibly bethat such arevelation couldhinderheringainingormaintaining employment elsewhere. As SBA President, I have anobligation not to make thosereasons public. Asfuture lawyers, I hope you can see theposition I am in -1 had sound reasons for firing her, but I am constrained from publicly disclosing those reasons. IfMr.Widholmwaspresent(andlthink hewas) duringthe specialDecember meeting when this matter was firstdiscussed,he would haveheardme inform everyonepresentthat 1) there were validreasons forfiring Mrs.Leve, 2) given that SBA operates under New York State Open Meeting Laws, having such a discussion in a meeting would open up the SBA to potential liability, and 3) I had no problem discussing the matter whiletheBoard was in Executive Session and interested studentscould attend as long as they adhered to the rules ofExecutive Session and The Opinion was notpresent Ifwehad quorumand I didnot have a personal emergency that night, the issue could have been discussed thatnight. In addition, oneofthereasonswedidnothave quorum was because the meeting was not a regularly scheduled meeting. Up to this time no such request has been made for an executivesession (but onecould bet that one is probably coming up after this letter is read). However, I can saypublicly thatrevengewasnotthereasonfor her firing, as Mr. Widholm suggests. I also informed the other members of the Executive Committee as to why she was fired, butit seems itwas easierfor them to get others to complain since they also can't express thosereasons publicly ifthey have any measure ofconcern forthe SBA. I apologize to Mrs. Leve for having her employmentbecome an issue ofpublic discussion, but letters from students such as from her husbandandMr. Widholmhaverequiredthatl address this matter albeit four months after it occurred. Itis unfortunate that such asensitive should be usedas a political pawn. ' - Kγ Saultan H. Baptiste SBA President Recall Them All To the Editor: downplaying any actions which SBA President Our futurelawyers seem to mistaking Baptistemayormaynothavedone,Mr.Lynch's the SBA for a court ofjustice. Rather than letter and mine, voice the students' wish that devotingtheirtime to fulfilling their function, the SBA concern itselfwithenhancing student our''representatives'' seem benton gaining life and education, not with sentencing and experience in exercising judicial and penal punishing a student. ItisnotMr. Baptistewho functions with whichthey have noj been en- hasbeenwasting SBA time,butthe SBA which trustedand whichfurthermore, as theirrecent has been wasting SBA time. InlightoftheSßA's failureto actrespon' 'compromise oftheirownConstitution reflects, they wouldnotbe equipped to do even sibly in its representation of student interests ifthey were entrusted withthose functions. and the likelihood that such failure will conIf anything is to tarnish our school's tinue underthepresent Executive Board, I urge reputation, it is acts of legal incompetence students to petition for a recall of the entire such as (1) the vote to compromise a ConstiBoardand thereby end this nonsense onceand tution taken last week by the SBA and (2) for all. Additionally, I urge all students to failure to recognize the real issues, as SBA accept the responsibility that accompanies a Vice-presidentPaulßeyerseemstohavedone right such as the right to voteand to vote more in hisreading ofMr.Lynch'srecentletterto responsibly in thefuture. The Opinion. Far from condoning or Clara Kanocz, 2L End the SBA Fiasco To the Editor: Inhis letter to theeditor inthe February 22nd edition ofThe OPINION. SBA Vice President Paul Beyer stated that the whole SBA fiasco couldhave beenresolved early on had SBAPresident Saultan Baptiste "acted with some dignity early on." Some would opinion that none oftheprinciplemembersof the SBA, namely the president, Vice President,and Treasurer, havebeen very dignified oflate.Between shoutingand shoving matches, I'dsay thattheSBA has turned into a threering circus. It is ridiculous to recall anyone this late in the year, but sincePaul Beyer and Marc Panepinto are so intent on a recall, I would suggest that, all three ofthem be recalled. I could be mistaken, but as I understand it, the SBA exists to make the law school a better, moreenjoyableplace. So far, the93-94 SBA has donenotiling but sullythealready delicate reputation ofU. B. Law. Besidesthrow a few parties, the SBA' s mainoccupation hasbeen throwing stones and pointing fingers. 3LClass Director JamesLynch offered some soundadvice in hisletter ofFebruary 9, where he asked theSB A members to bury the hatchet(hopefully not in each other's backs). I dare venture to add someadviceofmy own: stop being such politicians. We are all still only in law school; youhave your wholelifeahead of you for dirty politics. As for Mr. Beyer, I would suggest trying to resolve the problem as opposed to fueling the fireby writing to every U.B.publication that willpublish your letters. I personally am tired ofhearing the same story overand overagain. Law Schoolis noplace forpersonal vendettas; try goingback to high school. AsI recall a committee was already appointed to investigate and they determined that Saultan Baptiste was guilty, at worst, of "bad judgment' ' so let it goalready. Mima E. Martinez, 2L • • • C/p lit IOH JVlillluOX, continued onpage 6 The next issue of the Opinion is March 22. | I The submission deadline is March 18. I I I mm mm mm ■ �Commentary: Fuel For Thought By Peter Zummo Features Editor It'sTime For BlackmunTo Retire shouldthink ofthecaseof 'the 11 yearoldgirl OnFebruary22,1994,ina22-pagesanctimonious litany of' 'intellectual, moral and rapedbyfbmmenandmenldlledbystufnrigher personal" beliefs. Supreme CourtJustice Harry panties down her throat. See McCollum v. Blackmun announced in diedenialo fa writof NorthCarolina No.93-7200, certnowpending certiorari in thecaseofCallinsv. Collinsf 1993 before the Court.'' Talk about cruel and unWL530954 U.S.) tliathewillno longer''tinker usual punishment! I think those four men with the machinery of death." He will no should be permanently, irretrievablyremoved longer concur in any case imposing capital from society. The majority ofpeople in the U.S. bepunishment. JusticeBlackmunhasconcluded diat die deadi penalty is cruel and unusual I believe that certainpeople punishment prohibited by theEighth Amendmentto dieConstitution. Withall duerespect, their right to live by I think JusticeBlackmun, whois 85 years old, haslosttouchwithreality and shouldstep down the atrociousness the from the Court, the sooner thebetter. crimes theycommit. How can capitalpunishmentbe unconwhenthe stinitional Constitution itself, in the lieve in the death penalty. The Constitution Fifth Amendment, states tiiat' 'noperson shall and2ooyearsofConstimtional interpretation be held to answer for a capital, or otherwise explicidy permit it. Where does Justice infamous crime, unless on a presentment or Blackmun gethis authority to statethatcapital indictmentofaGrandJury...norbedeprivedof punishment is unconstihitional: from "perlife, liberty, orproperty, without dueprocessof sonal' ' beliefs? Well, when the Constitution law." This amendment clearly permits the becomes a' 'personal document, then''perdeath penalty. Not only does it explicitly sonal" beliefs can integrate themselves into permit it,but it gives usthe guidelines for its Constitutionaljurisprudence. imposition. Arewe now to saythattheEighth If certain people want to make capital Amendmentsupersedes theFifth Amendment? punishmentunconstitutional, fine. Theproper Have we all lost our ability to read what is procedure is to amend the Constitution. Conwritten in the Constinition? gressand the States have this power, not the JusticeScalia in four brilliantly written Supreme Court. Personally, I think suchan paragraphspicks apart Blackmun's arguments amendmenthas about as muchchance ofbeing oneby one. Insteadoffocusing ontheexeaition ratified we have of expirencing a sunny 95 ofthe convicted murderer, we should think degree day inBuffalo in themiddleofJanuary aboutthereal victim, die personwhoselife was - theoretically possible, but very unlikely. cut shortthrough no action ofhis orher own, We live in a violent society, where othertiianbeing inthe wrong placeattliewrong respect for human life has degenerated to the time. Or, as Chief Justice Scalia states, we point where criminals wouldjustas soonkill youforfive dollars to buy a vial ofcrack as a ' 'normal person wouldask you for thetime of day. Shouldcapitalpunishmentbehandedout like free samples ofanew cerealat Wegmans? Ofcoursenot. Itshouldbereservedforheinous crimes and repeat offenders. The fact thatitis notdispensed lightly isand should be ofparamount importance. The ultimate punishment the State can impose should not be the usual punishment. Capital punishment has always had its placeand willcontinue to despite what Justice Blackmun thinks. I believe thatcertain people forfeit of if {rem £* 03 V?l\ v v\\ — H?Hn9 \ beings. As for Justice Blackmun's dilemma between the seemingly contradictory standardsimposed by Furrnan and Lockett, I think the solution is obvious. The standards for imposing thedeathpenalty must be consistent. Everyonemustknowwhen, andforwhat crimes, andunder whatcircumstances, capital punishment may be imposed. Individual mitigating circumstances aboveand beyond the set standardscan betaken into account by the Governors ofthe several States who have the power to commute or pardon any sentence. Capital punishment is not pretty, but then again neitherare the crimes that call for its imposition. We must never forget thatthe criminal is notthe victim. Toany one whofeels otherwise, I say,youexplain it to theparentsof that 11 year old girl. * 5 /y xerox copier lid rightto administer capital punishment to those who so offend die dignity oflife that they themselves giveup dierighttobe called human Jb-u CLEAR COMPLEXION from l forfeitfheirrightto live by theatrociousnessof the crimes they commit. The State has the * gM^*** *°^r / exP°sure +o educate students about topics they may have missed. Most ofyou students may feel that this program does not apply to you. You would never commitrape; you're married; you'reasensitive imdcrstanding individual; etc. However, the program and materials arc not designed for rapists. Some ofwhat is discussed in (he program and the materials involves helping friends whohave been \ N J M *T*—-from 51ouch trioJ Ti'AWT BUTT / .zA , SheparcJWns from BU^S Wr%(( \f , I 8 hours lU > fn +he car \ Bob andSally are casual friends. One night whtie talking, they find themselves holding hands. Atthatpointßob picks up Sallyandcarriesherbacktohisroom. They starttokiss. AsBobcontinues, Sally freezes. Shestopsresponding, moving,orspeaking. Bob has intercourse withhertwice, without any participation from Sally. However, Sallyalso never saidtheword, "NO!" Was it rape? Statistically speaking, one in three women will be raped on acollege campus, mostofthemby people they know. Mostof these rapes areneverreported totheauthorities. WWlemanyofusliketothinkfherapes areaUdOnebymonstersWdinginthebusb.es, the sad fact isthat most oftheserapists are ourclassmates and friends. Inrnany situations,theassailaritnever intended to bearapist. Aldiough certainly notalLbutmanyofdiedaferapesarecaused by miscommunication between the couple, and lack ofundersfanding by theassailants. Despite the lack of intention to commit rape, theact causeslong-lasting and permanent negative effects on die victim. I have put together a four evening presentation, which I ambringing to eachof thefour residence hall groups: Governors, Main StreetResidence Halls, Ellicott East and Ellicott South. This presentation is entitled, "ViolenceWithinRelationships: From Arguments to Rape.'' The focus of these presentations will not be to point fingers and make accusations; it willbe to educate shidents. Living in theresidence is notaprerequisite forattendingtheprogram; thus I hope diatmany ofyouwillattend. Each preseutat ion w ill run from Sim- supplement topics presented in all four evenings. Understandably, not everyone will be able to attend all four evenings. I hus. the information packet will also help .-L Jl / \ AfJfflVftW , * HARD B,CEPS / &** <T. byDanHarris, PhotoEditor an information packet. This packet will KS ()l]il\ /£ Within Relationships day throughWednesday evening, running approximately one-hour in length. Bach evening covers an individual topic. The first presentation will begin at 8 p.m. on Sunday, Feb. 2 7. Each person attending will be given V S Ij' Violence *>. victims ofsexualassault Additionally,not all ofthe program deals specifically with rape. One full session, and some of die materials, deal only with communication betweencouples, without touching on the issue ofrape at all. The agenda for each evening is as <£%%&S \ *Ch '™'»3 follows: '' // \/' \ m/ ' Hoor (c j/\ S/) I ftmonq *' -/-he, brar ft S-hxcKS ... Probing, Timely, Controversial, Beer Join the Opinion!!! Sunday: Introduction. I will beginthe program byshowingtiiefilm DreamWorlds. The film runs fifty-five minutes. It describeshow MTV contributes to rapewitiun ourculture. The filmis very graphic. Abrief discussion will follow. Monday: "ItDoesn'tTakeaSkiMask oraKnifetobeaßapist." Thisiswherewe discuss thetraumatliatawomanwho'sbeen raped experiences over thelong term. My guest speaker will beDr.DianeGaleofthe Counseling Center, who works withrape survivors. Thepurposeofthisistoinform ... Violence, March 8,1994 continuedonpage 11 The Opinion 5.... �CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri 40 Head ol the ACROSS 1 Toy-pistol Secret Squadron ammo 5 Aheap 9 Struck an attitude 14 Algerian port 15 Agenda segment 16 Mary Richards'best friend 17 Star Wars Q} ry) *™J }—( princess Q p T f-*K a~\ iTpv OJJ , 18 Pointatthe dinner table? 19 Tended to the Tin Man 20 Koesller novel 23 Stirrup site 24 Hogwash 25 Cone-bearing C 3 nee f-H O f"*\ 28 Steady 31 Cat, perhaps 36 The College Widow author 37 " you sol" 39 Pocketed bread 30 Gantry o! fiction 32 Reuters rival 33 Standarddeviation DOWN 1 Without preparation 44 You,once 45 Comic lead-in 46 Tablecloth 2 3 4 5 6 substitute 47 Joining alloy 50 Sit a spell Redding 52 Neighbor of Col. 54 He ran against DDE 56 HenryFonda movie 64 Kerman native 65 Swordplay Stadium's river 11 Themanfrom U.N.C.LE. 12 Delightful region 13 TV's Major memento 66 Newspaper Gustav 71 Kind of vision 72 Look too soon symbol 34 One of the Aliens 35 Unkempt 38 Desperately urgent 41 Cartoonist Key 42 Be at odds 43 Eyewitness 48 Signforahitch 49 Gun the motor 53 Harried 55 Sundae 7 Wallet items 8 Slapon 9 PDQ 10 Riverfront 51 Whatever section, briefly 67 Grain elevators' kin 68 Albany-Buffalo canal 69 As far as 70 Composer Precinct Stud holding Plumber's tool Educated folks Soul singer topping 56 Small combo 57 Berlin casualty of 1989 58 Cain's nephew 59 Piece of land 60 Catch cold? 61 Act glum 62 Distaff ending 63 Recess 64 Suffix with boy or girl 21 Sweetheart of the 1976 Olympics 22 A Smothers brother 25 26 27 29 Friday request Potato type Drive back Tanker weights Commentary: Jessup Competition Biased by Jay Chatarpaul Attorney Frank Housh's letter to The Opinion (November 16)containsseveralmisinterpretations ofmy Commentarypublished in the November 2 issue of The Opinion, as well as a distorted and invective-laden reevaluation of my performance in the 1993 Jessup competition. I am compelled to respond to both of these. First, I did not (nor did I intend to) , "mock ' any ofmy African-American brothers whoparticipated in the competition. The performance ofthe gentleman to whom Mr. Housh refers inhisletterwas quitegood, and as such wasjustlyrewarded withmembership on the Jessup team as well as on its Board. What I alleged (andcontinue to allege) is that the selection ofsome ofthe competitors for membership onthe team and the JessupBoard was guidedby capricious and arbitrary criteria. No information from my Commentarycan lead Mr. Housh to reasonably conclude that I specifically "mock" that gentleman. Second, Mr. Housh states that my performance waspoor and not tantamount to ofthe majority ofthe competitors who made the JessupBoard. First of all, I would never have expected a licensed local attorney to respond to a student's opinion ofhis experience in an event he participated in; and I am very surprised at the use of suchinvective-laden andabusive language by anattorney in describingthestudent'sperfbrmance. In any event, Mr. Housh, you state, among other faults, thatI was nervous, panicked when asked questions, didnotrespond to questionswithrelevant portions ofinternational law, and didn'tpossess poise orstyle. As to nervousness, I was indeed a littlenervous during thefirst oralround, since it wasthe firsttimethat I had evermade an argument in front ofseven strangers. During the second round,however, I wasnotnervous, anddidnot display anyevidence ofnervousness. Withregard tonot responding properly to questions,andnotresponding to questions withrelevantportions ofinternational law, I only wishedthatthe preliminaryrounds were videotaped. The truth ofthe matter is that I competently answered questions with specific and pertinent sections of international law. It isablatantdistortionofthetruth to state otherwise. I had spent one month preparing for diecompetition and pondering the possible counter-arguments thatcould be madefrom thejudges. Mostofthe questions posed to me by the judges were the kinds of questions that I had anticipated. In addition, if you recall, Mr. Housh, one judge commented, and others(one ofwhommight have been you) concurredwithfacial gestures,that one ofthe arguments I made was unique, persuasive, and compelling. As far as poise and style are concerned, lagreewith you.Mr. Housh,thatldid lack poise and probably didn'tshow the "required" style. I am still a novice at oral competitions, and have not yet mastered the artofbeingcocky, which it seems isawinning attribute. Mr. Housh, yourre-evaluationofmy performance in lightofmyConinientary would have been morepersuasiveand compelling if some of the other judges had signed your letter. Since no otherjudgesigned your letter, I interpret it as a desperate attempt to protect your integrityand competence. In addition, such re-evaluation is in conflict with the evaluation given to my overallperformance. Third, Mr. Housh states that he is "puzzled," and cannot "imagine" how I came to know the contents ofthe "anonymous" score sheet and memorial score. Well, Mr. Housh, it seems thatI have more confidence in your imagination thanyou do. 1 am sure thatyour quandary will be solved when you realize that even you can envision a scenario where such information may have been divulged to me after an inquiry. Fourth, Mr. Housh states that the competition was fair and equitable. My Com(he performance *\J 25 p2|33 26 34 35 C1992 Crossword Magazine Inc. Box 909 • Bellmore. NY 11710 • (516) 679-8608 ... Opinion Mailbox , continuedfrompage4 All Or Nothing Policy Is Best To the Editor: In her February 9 letter to the Opinion, preferable to the current selectiverecognition station, filled its airwaves withpraises to Dr. King last month, my connection ofthe SUN V King Day policy witha leftist multiculturalist agenda must be inaccurate. The folly ofcomparinga small,privately ownedradio station's policies with thoseofSUN V is self-evident I maintain thatSUNY, as apublic university in a state populated by over 17,000,000 Americans, has a clear obligation to observe all national .holidays equally and not give any appearance offavoring any particular interest policy whichhonorsMartinLuther King, Jr., butignoresGeorge Washington, Abraham Lin- groups. Thirdly, Ms. Burgos misconstrues my Kedra Burgos not only drewinaccurate conclusionsfrom my January 2 5 letter to thisnewspaper, but she also avoided the central issue I raised. In my January 25 letter, I called for a consistent and uniformSUN V policy where either all ornone ofthe nationalholidays are observed by cancelling classes on the respective holidays. I believe such a policy is far coln, Christopher Columbus, and ourarmed reasoning regarding how national holidays forces veterans. Mostsignificantly,Ms. Burgos shouldbe observed and somehowarrives at the never answered my implicit question: Why conclusion that I must also object to SUN V shouldsuch an obviously unbalancedpolicy recognitionofJewish holidays(anissuelnever exist? Can it be that the goalof"equality and addressed). Wrong again Ms. Burgos. The a more justsociety" Ms. Burgos rightfully issue is not Jewishholidays or Europeanism or advocates is achieved by such a preferential some otherred herring. Plain and simply, the policy? Or as I suggested in my letter,is there issue is common sense fairness. Is it fair to some other agenda thatdrives SUN V to aver honor one American hero at the expense of one holiday over another? some other time-honored heroes?Ms. Burgos Before elaborating on the central issue apparently thinks it is, but I disagree. I raised in my first letter, I must summarily The fairness in holiday observance issue address therather silly diversionary issues in boils down to whetheraffirmative actionreaMs. Burgos' eloquent, albeit melodramatic soning should dictate SUNY class cancellaresponse. First, I am not''dismayed at why tire tion policy. I believe it should not because University would recognize [Dr. King]." wheneverparticular persons or their beliefs are Rather, I am dismayed tliat theUniversity does elevatedto positions, not solely on merit, but not similarly recognize other long-standing at least partiallyas an effort to make up for past American heroes. Whether intended or not, injusticesdone to those groupsor to placate the SUNY's exclusionary holiday policy effecgroups that claims such injustices, the result tively devalues (lie ignoredholidays and unjuswill always be societal fragmentation along the lines of the criteria used to elevate such tifiably exalts MartinLuther King Day. Second, Ms. Burgos argument that groups. It would be nice if people would SUN V's exclusionary King Day class cancelpassively allow the disenfranchised to step in lalion policy does not patronize leftist front of them in life because the disenfranniulticultiiralists is unpersuasive. With an clused need an opportunity,'' but human nainteresting leap of logic, Ms. Burgos asserts ture tells us that such a policy breeds only that because WDCX, a Bu flaloreligious radio resentment and contentiousness. Norwith...Opinion Mailbox: All or Nothing, continued onpage 11 The Opinion March 8,1994 6 mentary, however, spurred several meetings among members of the Jessup Executive Board, the subject of which was possible alterations in the organizationoffutureJessup competitions. If the Jessupcompetition was ''fair and equitable,'' there would be no discussions about possible changes. One does not fixathing which isnotbroken. In addition, evenafter my "con frontational'' assertions, no governing member ofUie JessupExecutive tried to refute such assertions with arevelation ofmy actual scores. I stand behind my assertions that the competition wasnot run in a fairand equitable manner. Fifth, Mr. Housh, my Commentary raises an issue which is prevalent inmodern suburban America,and whichaffects many educated minorities.Asa strong advocate of egalitarianism, and a proud member ofthe minority community, I am aware ofthe fact tliat inthe eyes ofmanymembers ofthewhite educated class, many (ifnotmost) educated membersofthe minoritycommunity are presumably incompetent. Whether it be a job interview, oranintramural oralcompetition, we are burdened with this presumption of incompetence. Thus, wehave to worktwice as hard or earn twice as much (grades or otherwise) in any endeavor than our white counterparts. It is unfortunate that we are heading for the year 2000 and still many membersofoursocietyhavenotyetchosento accept their fellow brothers and sisters as their equals. This is the same society whose inhabitants profess theirbelief in a biblical doctrine that espouses equal acceptance of all ofGod's children. Oneneednotgo farther thanBuffalo find to examples of this dilemma. For initis stance, notacoincidence thatmany(ifnot most) law firms in Buffalo hire no minority lawyers (althoughsomedohireaninfinitesimallysmallnumberofsuchlawyers). Itisnot acoincidencethatsixoutofthe seven people judging the oral competitions that I participated in were white males; itis nota coincidencethat no African-American law students from the Class of 1995 are members ofthe BuffaloLaw Review. It is notacoincidence thatthere areonly two African-American law professors and no otherminoritylaw professors at U.B. (although U.B.s non-minority law professors are highly distinguished in intellect and in person). And, it is not a coincidence tliatyou,Mr. Housh, singledout an African-American law student in your letteras an example ofthe kind ofperson I , ' 'mocked, ' rather thanawhitemale.Itis not a coincidence that you chose to make the competency ofan African-American competitoran issue, rather than the competency ofa white male competitor. I realizethat you, and some readers, may try to counterthe above assertions with an argument such as there are not many qualified minorities who possess the capabilities to fill important and influential positions. Suchanargument,however, isactually no argument at all, but can only be made by intellectually lazy individuals whodesire to perpetuate a myth concocted by evilmen of our darkhistorical past. The fact isthat there is an oversupply ofcompetentand qualified minority professionals, but a society (especially the educatedclass) whichcontinues to refuse to accept their accomplishments. Mr. Housh, a corollary to the principle of egalitarianism is diversity. For me, diversity enriches my education, and, I suspect, the education ofmany others. Lack of diversity diminishes it. Asa student ofthe law and humankind, I desireand cherish the opinionsofmy brothers andsistersfromevery ethnic background. Thus, I strongly objectto a competition where six out of the seven people judging me are white males, whose evaluation may determine the course ofmy education, aswell as my career. I'dratherbe evaluated by people who represent a crosssection ofthe community: African-AmeriBiased, continued onpage 11 ... �Ruth Ritchell JoeAntonecchia JoanneFuclis In Remembrance Of Our Friends Open the Door Down way downat the shelter yesterday In the gallery ofcircumstance bathed in sunlight dim sitting among thecrowd ofour neighbors, alone There sat in one person, a teacher a lawyer a leader All in striking reality, none in title. Indeed, denied 'title' again and again Denied in '65 when he could notpay for school Denied in'69 when he sent him offto war Deniedin'7s whenthe layoffsent him home Sent home to sit and thinkabout circumstances Inheritance, connections, race, gender, class; then the streets- homeless: to thinkabout the freedom Home, - - '' Freedom from" he first said to me From ignorance, prejudice and poverty From old boy networksand biased test scores All quietly working to shut the doors Stiflingpeople made ofcreative gold Whose abilitiesandgiftsremain untold Whoseenergiesandtalentsifallowedto flower Woud color our Land with a mosaic ofpower Oh, How we shouldall hasten to open these doors! So that he could act withhisknowledge and skill Celebrating our Land with the mark ofhis will With his 'Freedom to,' with his 'Oughtto be' With his work for Justice, Art, or Spirituality And whilw somany in malls, homes and schools Sit smugly witha freedom they seldom use He again asks me, and impassioned plea: ' 'When will my day offreedombe?'' by JoeAntonecchia 1993Muhammedl: Kenyatta PoetryReading MuhammedL 1993 Grief I feel your tears, I hear you crying inside Griefwon'tletgo until your heart has cried. Strong through your loss God's grace is known Oh, so many memories of the love that had grown. I knew how you loved him loved him for true the bond that was sown makes my heart break for you Please know I'm praying that God in his Power will love and keep you in this trying hour. — Gerldine Wilson Kenyatta Poetry Reading Take Care, Joe by Paul Roalsvig, Editor-in-Chief I wish I could somehow convey to those persons who had nevermet Joe Antonecchiajusthow muchpositiveness and goodness he exuded. Rarely didI hearhim utter a cross or angry word, and if he periodically expressed frustration over whatwas happening at SBA meetings, itwas because he felt the essence ofhis doing good things for the students as a Class Director was too prone to being devoured by the procedural and political manueverings ofa select few. There was neverany doubt in my mind ofwhere Joe stood on issues ofworker's rights, women' srights,the plight oftheunemployed,thehomeless,andtliedisenfrachised.His activism in such groups as the PrisonTask Force, National LawyersGuild,LAELA,andtheLaw Students forCorporate Accountability spoke foritself. And ifheperhaps seemed a little naive to the amount of greed and corruption in this world, the strength ofhisconvictions to do what wasright to combat itwas unwavering. Joe Antonecchia, I honestly felt, was someone who did not know the meaning of the word '' cynicism.'' He was indeed arare breed. Tobe quitehonest, our friendship hadless to do with politics and schoolactivism, and more to dowithmusic. Joe Antonecchia loved to play music, and was always in avid pursuit ofexpanding his knowledge ofmusical styles and musical history. He never lethislaw studies stop him from going downtownandcheckingoutahotmusicalact, whether itwas jazz, folk,rock, orcountry-western. In fact, the first time I met Joe, itwas whenhe and a group offellow first-yearlaw students camedowntown to see and hear myband perform. In the last few weeks before he disappeared, we had gotten togetherafew times over beersand jammedtogether. His guitar playing abilities had improved by leaps and bounds, and he was less self-conscious about his singing voice. In a matter ofhours, wehad mastered a set ofabout 20 songs;leads, harmonizing vocals, and all. And they all sounded fantastic. Our great plan was to play the Circles benefit together... So here's to you, Joe- my part-Norwegian, guitarplaying, frisbee-throwing, law school activist friend. I'll missya. Take care, buddy. OtlierRemembrances: Although I did notknow JoeAntoneccliia thatwell, I was pro foundly affected by hisdeath, perhaps due to the enormity ofthe loss to his friends, hisfamily and societyas a whole. I grieved forhimand his family, but I also grieved for the many underserved people that Joewould have helped in his public interest legal career. However, it is this aspect ofJoe's deathover which we have some control. Ifevery law studentthatknew him remembers and acts on Joe's commitmentto the socio-economically disadvantaged in his memory, than we can do justice to the vision ofa more fair and compassionate world that Joe held. I am sad for Joe's death, but I am happy for his life. Don't worry, Joe. Many ofus will continue your work. About Joe: — Paul Beyer Throughout our law school friendship, I was held inawe by his sense ofcommittment, integrity, and justice.This will be a loss to our generation oflawyers. Dorka Martinez March 8,1994 The Opinion 7 �The Roaming Photographer by Ben Pierson, Contributor This Week's Question: "Should the Law School Be Moved Downtown?" Kevin Medina, IL Irene Rachlinski, IL "Will I be guaranteed a parking space?" "No.It'sessential fortheLaw School to be part ofthe entire university setting." JoAnne Howlett, IL " I'm not certain. I think we should find a way to be more integrated with the urban community. Moving thelaw school isn'tnecessarily the answer.'' Matt Swenson, IL "Yes, because we will have more access to the courts and the professional community." Humor Column: Top 5 Reasons For and Against the Big Move by Steve Balet, Contributor Top 5 Reasons theLaw School Shouldbt One ofthe major topics of discussion MovedDowntown 5) Parking won't be a problem as the around the law school recently has been our future location. There are some people who Schoolwillninashuttle bus fromtheCenterfor believe that the law school should belocated Tomorrow downtown,while otherspreferthe warmand 4) Downtown locationwould enable the personableenvironmentofO'BrianHall. The school to hire even more adjuncts Student Committee to Decide Where the Fu3)Students would beable to participate ture Site oftheLaw SchoolShould be hasasked inthe Courtsystem first-hand byarguing their me to publish the Top 5 Reasons the Law parkingtickets 2) On campus interviews projected to School should be moved downtownas well as the Top 5 Reasons theLaw School Shouldn't be increase by 10% And thenumber 1reason theLaw School moved downtown. Here they are. itback 2) All SBA parties wouldnow be held in Amherst Andthenumber 1 reason theLaw School Top 5 Reasons theLaw SchoolShouldn't shouldn'tbemoved downtown... 1) Students mightbe forced to carpool MoveDowntown with The Schlegel 5) School would now have Buffalo adIfyouhaveany commentsonthis issue, dress 4) Too far for Economics students to orany ideas forarticles,oranypoppyseed cake commute recipes please place them in box 715. Special congratulations to Francisco 3) Afteryearsoftrying to kill all down, town nightlife, The City ofBuffalo would be "Pepe ' Duarte onhis engagementto Donna againstnew influxofstudents whomightbring Duarte (no relation). shouldmove downtown... 1)Students would have opportunity to carpool with The Schlegel ...Military, continuedfrom page 1 acomplete shock because youalways dream, , but don twantto be disappointed. Whenyou achieve your goals, you're amazed.'' The case arose after the student filed a complaint in 1989 claiming the recruitment was a violation ofExecutive Order 28.1 (9 NYCRR §4.28) which provides thatno state agency shalldiscriminateonthe basisofsexual orientationagainst any individual After an investigation, the State Divi- sion of Human Rights determined that the universitypolicy ofallowing the military on campuswas discriminatory withinmeaning of the statute, that the University's provision of placement services to the military was a provisionof"services and benefits" withinmeaning of the statute and that neither state nor federal law compelled an exemption for a discriminatory military recruiter. The Commissioner ofHuman Rights subsequentlyreversed thelast determination and decidedthat stateand federallawrequired theUniversity to permitaccess to themilitary. Inreaching her decision, she relied on §2-aof the state Education Law which states equal access must be provided to the military when the institution receiving state funds permits access to others foremployment purposes. In her decision,JudgeLebedeffrelief heavily onLesbian Law Students Association at University ofConnecticutSchoolofLawv. Board ofTrusteesf University ofConnecticut. nor., 1992 WL 310610 (Conn. Super. Ct., J.D. hartford-New Britain, 1992, Allen, J.)which interpreted astatute similarto §2-aoftheNew York Education law. In that case, the Connecticut court decidedthatthe school practice was contrary to the "plain meaning" of the statuteand that the schoolwas in fact engaging in special treatment by allowing the military 8 The Opinion .Mijrcn 5, to continuerecruitment whileother employers who discriminated were banned. By virtue of its decision, the Connecticut court said the schoolsaidtheschoolcoulduniformly apply an anti-discriminationpolicy. Furthermore, the New York court said theuniversity mustcomply withtheGovemor's Executive Orderwhichit said operates "with full force oflaw." As such, the fact thatthe military's practice of discrimination is permissibleunderfederal law doesnotdeprivethe University the power to limit recruitment speech. Finally, the court found that law schools have no duty under federal law to cooperate with military recruiters. The courtfound, on a factual level, that theruling oftheCommissioner had ineffect, ".. given an employer[specifically the military] the license to discriminate through the use ofthe school's servicesand facilities. As a result ofthe school's policy and practices, gay and lesbian [law students] have been offered fewer placementopportunitiesthan heterosexual students. They have suffered stigma, humiliation and the loss ofprofessional and educational benefits as aresult ofdefendants' unlawful conduct."Lesbian Law Students Association at University of Connecticut Schoolofl .aw v.BoardofTrustees r University ofConnecticut, supra. Wolfson characterized theplaintiff, known only as JaneDoe, as being pleased with thedecisionand said,'' she was delighted that thejudgeagreed thatthe statecannot be forced to continue discrimination,thatthelaw school has tomake sure that all students are protected against discrimination, including sexual orientation discrimination. She was happy and pleased that the court vindicated this importantprotection." iy"4 Itisunclearhow farthescopeoftheorder wasthattheywouldhaveto follow the former extends. Wolfson said it would certainly in- policy whichallowed military presence. clude any' 'collect and direct" donethrough ThemembersofLGßLS informedDean CDO which would be interpretedas utilizing Boyerthatthey would protest the presence of the military as they did last semester (see theresources ofthe school. Dr. Robert L. Palmer. Assistant Vice- Opinion 10/19/93) after which the decision President for Student Affairs, waschosen by wasmade to conductthe interviews off camPresident Greinerto dealwiththe issueofthe pus. That decision was made by Dr. Palmer military' s presence at thelaw school. According to administration officals, the subject is whonotified theArmy JAGcorpsoftheschools being dealt with by university officials beposition. At the time, SUNY Central had not cause itisperceived as being auniversity-wide issuedany position on whatconductthe univerissue. sity wouldallow and whatit wouldn't. It has According to Dr. Palmer, theUniversity since senta letter on February 2 5 which details iscurrently seeking clarity on whatthe order the policy. Dr. Palmer said,"based onthat [anticiexactlyprohibits. Hesaid/'wehaveaskedfor further clarification. Can dissemination of pation ofthe2/2 5 communique] whatwe told information be classified as recruitment? tiiemis thatwelravenothadafirm ruling onthis Maybe, maybenot. What aboutcareer-related from SUNY Central and thatwewould wantto postpone any actual campus visits until such literature?We don'tknow. Job listings,postthatmay come for time as we did have finalresolution on this.'' ers through? We'reasking TheFebruary 25 letterfrom SUNYCenclarity on that, hi a broad sense,all ofthiscould be interpreted as recruitment. In a narrow tralsays, "wewillcomply with this [the court sense, maybe not decision], that state operated campuses must "Forrightnow, we're following based prohibit use oftheir facilities from military on thebest interpretationwehaveofthecurrent recruitment.'' Palmer said,' 'we have since, letter we have in our hands. We're asking for and will be, informingtheprospective branches clarity in a letter we're sending out probably ofthe military ofthis decision.'' next week to clarify these points.'' Once thefinal order is issued, the univerWhile Judge Lebedeffissued her deci- sity has 30 days in which to file an appeal. sion onNovember 17,1993, theorder hasyetto Wolfson said,however, itis his understanding become final. That fact arose earlier this that there will not be an appeal filed. semester whenthe Army Judicial Advocate Wolfson said he always believed he Corps asked the law school forpermission to would winin the end, saying,''I always believe come on campus in orderto conduct firstand right will triumph even if it takes some time. MartinLuther King said' thearchofthe moral third-yearinterviews. According tomembersofLGßLS, Dean universe is long but itbends towardsjustice.''' Boyermetwitlithemandinfonnedlhemofthe Opinion Personals! Alexandra, Mxssy*' situation. Becausethe court'sorderhad notyet Hey Bone. I'll missyou.'-Jazzy Pass thebeer nuts! become final, Dean Boyer's understanding RodOn! Jennie,1 'llseevasoon! Bob. GoriJuckanlhrMPßEi K^n.thiso^Sforwu-Op �Law Student FightsTo Protect His Privacy byKaren Bailey, Contributor Anger isn't usually the reaction when students are notified by a university that a financial aid checkhas arrived. However, first yearlaw student, MikeKuzma waslivid when he received notification three months ago. Was he frustrated thatit had taken so long to arrive?Had hereceived awindfallsinceapplying for aid? Was he suffering from ILdementia?The answer toall three questionsis No. The aspiring attorney wasoffendedby the university' s violationofhis legalright to confidentiality. The post cardwhichinformedKuzma of his good fortunehad (unfortunately) also pro- convinced thatthe practice was unlawful. He knew thatthere wasa law, calledthe Buckley Amendment, thataffordedstudents some privacyregarding school records and decidedto find out if it applied to his situation. After starting withthe popular nametables, Kuzma researched the Amendment and discovered that it was now incorporated into (the more expansive) FERPA. He then familiarized himself with the latter legislation and found that itprohibited Cat State's actions. He filed a complaint with the DepartmentofEducationand received no response. It was only after thefuture litigatorasked former videdtherest ofßuffalo withsome very useful "It's a simple matter information about him. In addition to the someone to run the number requisite name and postal address, the card listed his social security number. Specifi- through the system and do cally,by' 'placing personally identifiable inanything." formation" onitsmailing labels(exclusiveof Mike Kuzma anameand address) withoutprior consent, the actionviolated the Family Educational Rights SenatorPete Wilson(R-CA) (now governor) and Privacy Act; commonlyknownas FERPA. and SenatorAl Cranston(R-CA) to investigate the alleged violations that DEP acted on his Kuzma's familiarity withthe act's protections comes fromasimilar experience while complaint. Shortly after Sen. Cranston began attending California State University at Ful- handling thematter, the departmentfound that lerton (Cal State), threeyears ago. Without Cal State's new procedure violated FERPA notifying students, Cal State began placing and advised the university accordingly. Cal social security numbers inthe addressblocks State deleted thenumberfromfuturemailings of their mailing labels. Kuzma was both and gave students who didn'twanttheir social concerned aboutthe university' s actions and security numbers in the system the option of for — using a separate seven-digit identification number. In what seemed to be his legal karma, three years laterKuzma decided to takeaction. Once again, he filed a complaint with the United StatesDepartment ofEducation, alleging the university's violation of the act and enclosed a copy ofthe postcard. Hereceived atimely response fromLeroy S. Rooker, Director ofthe Family Compliance Office at DEP. Rookerpointed outthat the university hadbeen informed ofthe allegation and included a copy ofthe letter to Dr. William R. Griener, presidentof ÜB. As explained by Rooker to Dr. Greiner, FERPA ' 'protectsa student'sprivacy interests ineducationrecords'' andwhile [it] provides foranumberofexceptions to theprior written consent requirement, none ofthe exceptions would permitan educational institution to disclose a student's social security number by transmittingan envelope bearing the social securitynumber through the postal system to the student.'' Dr. JohnS.Karrer, Assistant VicePresidentandDirector,StudentFinancesandßecords investigated the allegation and conceded (on behalfofDr. Greiner andthe university)that ' 'Mr. Kuzma's complaint ha[d] merit.'' Dr. Karrer informed Rooker that' 'theuniversity ha[d] immediately changedthecomputerprogramthat produces the address labels so that thesocial securitynumber is no longer shown.'' According to DEP, the university'scorrection places it in compliance with FERPA. When asked why he chose to file a complaintwith DEP rather than communicate his concern to theunivershy, Kuzma explained thathis past experience atCal State made him aware that "there was a complaint mechanism in place that could result inchange, so [he] elected to exercise that option.'' Explaining the potential impact ofthe university's violation, Kuzma asserted that "the social security number is the key to a storehouse ofpersonal information on a individual. '' Because those withknowledge ofit can have access to credit reports, previous addresses and accounts, maintained Kuzma, "it's a simple matter for someone to run the numberthrough the system and doanything.'' "Theft, impersonation and other kinds of fraud,'' he added, for example. Given theimportance ofthenumberand theviolation's increase ofpotential for misuse,Kuzma was disappointed to find thatother students, especially those in the law school, hadnotaddressedtheprocedure. Hedoesnote however, thatnoneofhis law school mailings have ever had the number revealed in that manner. Regardinghis earlyjump into practice, Kuzma explained thathewasonly "enhancing the privacy rights "of the university's studentbody. UB Law's Gold Group Plans Mini Seminars TheGOLD (Graduates oftheLast Decade) Group ofthe UBLaw Alumni Association willpresent three "mini" seminars with breakfast on Saturday morning, March 12, in theUniversity atBuffalo's CenterForTomorrow, Amherstcampus. I B' I : ■ ' 91 1 I BAR REVIEW introducing... * will ' ■'' - I I fepomlhed Cpiputef Software | I ~ I 1 CROSSW RD» Crossword C|AjPjSMt|O|T|SWP|O|S|E[D| ElTxllTTffloh 1le| iSSS I If ITt we l|v|e a n g rJy I™BeeBie^HBBBBB^B^HBBe eTa 5M5210] ptm s 1 l_ o sle emu |h|o|l|s|tßt|e|lleßp|e[e|k| 0003 1 V 1 I I I 1 Immediate review of key bar exam diagnostic feedback in 30+ MBE sub areas Customize your program by adding personal notes test modes double your study options M I ■ r 1 ' « ■ ■ Designed forlaw students,recent graduates and more established practitioners who want arefresher course, these nuts and bolts programs will cover Bankruptcy Law, Practice in Justice Courts and Personal Injury Actions. Each ofthe Seminars will run for approximately onehour, withquestions and answers at the end. Registration and breakfast willbegin atB:3o am, withthe firstprogram set to start at 9 a.m. William F. Savino, apartner in thelaw firmofDamon andMorey, will discuss: how to commence a bankruptcy case; dealing with a consumer debtor; and preserving assets in a Chapter 7 Bankruptcy. Hon. Christopher J. Burns, Town Justice for the Town of Tonawanda, will speak on surveying the landscape of Western New York's justice courts; tips on defending yourclient injustice court; andunderstanding therole ofprosecutors and assistant district attorneys. Paula Eade Newcombe, anassociate attorney with Hurwitzand Fine, P.C., will discuss: investigating and retaining a personal injury action; from pleadings to trial; and negotiating, settling and closing afile. For each topic, informative outlines will beprovided, in addition to practical tips anduseful advice from the speakers. A nominal feeof$15 forattorneys and $10 forlawstudentsincludes admission, breakfast and seminar materials. Deadline for registrationisMarch2,l994. Registrants after this datecannot be guaranteed seminarmaterials. Please check with the UB Law alumni office at 645-2107 formore information. Please make checks payable to UBLaw Alumni Association and mail to: University atßuffalo SchoolofLaw AlumniOffice, John LordO'BrianHall,North(Amherst)Cainpus, : Buffalo.NY 14260. hi addition to educational programs, the GOLD Group sponsors socialevents and assists law students in various ways, such as holding practice interviews. Anyone interested in becoming involved with the GOLD Group should contactPaula Eade Newcombe at 849-8900. March 8,1994 The Opinion 9 �, Law Firm DiversityTraining Seminar A First ForWestern NewYork subm itled by Dorothy K. Burton, Esq., Executive Director, Attorney Access, Inc. OnFebruary 4,thelocal bar successfully completed another first, a diversity management training seminar for law firms entitled "Entry and Inclusion o fMinorities intheLaw Finn: A Formula for Growth in the 21 st Cen- tury." Thehalf-dayseminarwassponsoredby Attorney Access, Inc., TheBar Association of ErieCounty,The MinorityBar Associationof Western New York and The Western New York Giapterof the Women's Bar Association ofthe State ofNew York. Law firmparticipantwere informedof some of the compelling and "bottom-line" reasons for law firms to recruit and develop minority attorneys. One local firm's experience included over 20 clients in the last few years inquiringand giving significantweight to the numberand positions ofminority attorneysemployed in the firm. Whilethis may not be the case for all local firms, it is significant that the 1987 US Census figures report that 1,547 minority owned businesses generated $ 116.6 million in revenues in Erie County. These minority owned businesses in many instances seek minority attorney representationand are a potential market forlocal majority firms. Otherreasons to diversifyincludechanging demographicsoftheworkforce. UB School ofLaw has steadily seen an increase in the number ofminority law students as has the nation's law schools as a whole. Approximately 18% ofthe students at the law school presently are minority If we are to retain the best and brightest in Western New York, law firms willneedto actupon the diversity issue. Thenationally recognized consultants, Dorothy E. Nelrn, Esq. ofNelmsand Associates andLynn Revo-Cohen ofHubbard&RevoCohen, Inc., both of Washington, DC, conducted focus groups in December in preparation forthis seminar. The feedbackfrom each ofthe fivegroupsofAfrican-Americanmales, African-American females, whitemales,white females, and minoritylaw studentswere shared withthe participants ofthetraining seminar. Theperceptionsheld by the different groupsas to why firmswere notmoreinclusiveofminoritiesincluded: minorities were shielded from clients,resented by support staff,not givenkey assignments, isolated at the firm, left out of social events, lacked importantmentoring and feedback, were pressured to bespokespersons for their race and to be the "good minority,'' and leftout ofbusiness development that minorities were less competent in grades and performance, too aggressive, that talented minorities will not stay in Buffalo, clients won'tacceptminoritiesworkingon theircases, minoritiesare held to higher standardsand are not "rainmakers". It was emphasized that although this may not be the reality, these are the perceptions that firms must address in order to successfiillyrecruitandretainminority attorneys. The participants engaged in smallgroup discussions to develop ideas which address these perceptions withintheir own firms. All participants agreed that a commitment to diversity must come from thevery top levelofthe firm with the money andresources committed to implementing the vision. Recruitmentcommittees must broaden their selection criteria to prevent excluding qualifiedminority candidates.. Ongoing training ofallmembersofthe firm must take place in order to recruit and retain minorities. Stronger mentoring ofminority attorneys must take place within the firm to overcome the problem of isolation. Mentors should not only be experiences minority attorneys, most oftenfound in government positions, shouldbeaggressively pursued. The economic incentive along with "doing the , right thing ' should beconsistently stressed to all firm members to keep the issue int he forefront Firm participants agreed that this was the beginning ofa dialogue.Inclusion ofminorities in law firms will nothappen overnight butis a process that must continue ifWestern ...SBA Meeting, continued frompage 1 countable for their unexcused absence by publishinga weeklyattendance/absence list in the Opinion. He said he finds it absurdand ironic that quorum is necessary to expel a person forunexcusedabsences,whensomeof those consistently absentmembers are needed toreach quorum. So far, two members oftheBoard of Directors were expelled for excessive absences VictorBobet (secondyear)and Helen Pundurs (third year) were expelledfrom the SBA at the lastSBA meeting. Some former SBA directors insist that theirabsences were due in part to thelack oforganization,rather than to their apathy. During the meeting, Steve Lee was specifically singled out asone who has an insufficient and unexplainable number ofabsences.'' Why is Steve Lee[the SBA Secretary] still on the SBA whenhehas missedallbutonemeeting?," askedNemerofT. A graduate of 118Law School, who holds himself out as an expert on Robert's RulesofOrder, was invited to theFebruary23 meeting to discuss ways to modify Robert's Rules to reduce the number ofpeople currently required for quorum. Lynch wantsto customize Robert's Rules to deal with the quorum dilemma, and the excessive number ofabsences. The Feb. 23 meeting began withSaultan Babtiste's remembrance of Joe Antonecchia,athird-yearstudentandamember ofdieSBA Board ofDirectors, who,along with two others, apparently fell tlirough the ice walking across Lake Erie and are presumed dead. Baptiste asserted that Antonecchia's position on theBoard should not beprematurely declaredvacant because ofthe indefi- . 10 The Opinion niteness surrounding thesituation. Nemeroff contended thatbecause ofAntonecchia' sapparent death, his seat should be declared vacant in orderto lessen thenumber ofpeople needed for quorum. NemerofFs position finally carried and Antonecchia's seat automatically became vacant The vacancy created by Autonecchia's apparent death, as well as the expulsion of unexcused absent members, made it possible to attain quorum to dobusiness at theSßA'sMarch2 meeting. Somemembers discussed the current SBA's inability ability to effectively function, and proposed that sincethe SBA cannot do anything positive this year, itsmembers should try to encouragegood people torun for SBAofficesuextyear. ' 'We don'thave any hope ofaccomplishingmuchunlesswehavealotofchanges.... We mustlook to thefuture. Wennist focus our energy onnext year.Wecan'tdo anything this year. Let's try to encourage second-year students to run [formembership onthe SBA Board] in theirthirdyear,and try to get good people to represent the students.'' 3LClass DirectorLynch agreed withthis proposition and said that SBAmembers should''beginto set some general parameters for next year. Lets start to set somepositiveagenda for next year," he stated. Chuck Greenberg echoed the sentimentsofhisclassmatesoverthecurrent SBA dilemma. "Most ofmy constituents," he said,''areextremely upsetat the 58A.... They basically want Sultan, as well as Paul and Marc, out ofthe SBA.'' Headmitted, though, thathesupportstherecallofSaultan only, and proposed that Saultan should voluntary step down if it's impossible to recall him. March 8,1994 ...Speaker, continued frompage 3 New York firms are to remain competitive in this changing market Theseminar was held inpartthrough the generous contributions of M & T Bank; Matthews, Bartlett & Dedeckerm Inc.; Dedecker-Saxe Associates, Inc.; Ticor Title Guarantee; and Ray L. Sonnenberger, Surveyor. Firms participating in the seminar included: Hodgson,Russ, Andrews, Woods & Goodyear; Phillips, Lytle, Hitchcock, Blame & Huber; Jaeckle, Fleischmann & Mugel; Damon &Morey; Saperston&Day; Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria; Magavern & Magavem; Seigel, Kelleher & Kahn; Kavinoky&Cook; Cohen & Lombardo; Hurwitz & Fine; Nixon, Hargrave, Devans & Doyle; Harris, Beech & Wilcox; Gibson, MeAskill & Crosby; Albrecht, Maguire, Hefferm & Gregg; Hiscock & Barclay; Erie County District Attorney's Office; New York State Department ofLaw. ...Recall, continued frompage 1 said she wasn't sure if this sectionapplies to recall elections. The person who succeeds Baptiste as president, assuming therecall passes,, would serve tor tne remainder of Baptiste s term, whichendsMay 1.The new president'sresponsibilities wouldinclude participating in budget committee hearings to decide nextyear's budget The general election for next year's executive board will be held on Tuesday,April 12 and Wednesday, April 13. Daly examined was the content of the offenses committed by menandwomen. Although close to halfwerecomparably serious, 40% of men were judged to be more seriousandonly 12%ofwomenwerethought to be more serious thanmen. Daly admitted that it is difficult to determine why one offense is more serious thananother. Thelast are ofthenarrative materials Daly compared were the punishment justifications expressed by judges. To her surprise, Daly did not discover significant genderdifferences insentencingremarks issued by judges. Although she expected to find theories ofrehabilitation expressed for defendantsand incapacitation formen, judges expressed amixture ofretribution andspecial deterrence in the majority ofcases. As to how race was working with gender, Daly concluded thatracial variation wasless for women than for men. ' 'On all levels ofanalysis in the narrative material, theblackmen stood outasformingadefendant group mostatrisk toreceive the heaviestpenalties",shesaid. "Theirbiographies were least likely to be constructed in the blurred boundaries of victimization and criminalization, theyweremostlikely tobe seen as troublemakers committed to streetlife, and they were least likely to be seenasreformable.'' Daly asserted thatwhileherresearch supports someoftlieconclusions madeabout howrace andgender operate in die courts, it largely challenges the theory that women arepunishedmoreharshly when theycommit a crimethatbreaks gender stereotypes. Ms. Daly said that herresearch, like many previous studies, is not comprehensive forlack o falarger study group. "Racial, class,and genderdifferences in the justice system process must move beyond an analysis of defendants alone," claims Daly. "These relations are most powerfully revealed in the composition of those accusedofcrimeontheonehand, and the state officials, legal community and socialscience researchers, onthe other,who work in the courts oranalyze theadjudication process." ...King, continued frompage 1 replica" of what people see the U.S. doing America," saidKing. "Oneofthe problems aroundthe world andthe many violent acts to with this country is that we know how to which childrenareexposed throughtelevision. celebrate holidays, butwedon'tknow how to ' 'Violence is immoral because itrelies onhatred andnotlove... It destroyscommunity celebrate life." Much attention was given to the shortand makes brother- and sister-hood imposcomings ofpublic policy in America. While sible," Kingexhorted. "Weneedpeoplewho willdo more than commemorate Dr. King; we acknowledging President Clinton's sensitivity to social problems, sheproclaimedthatthat need people who will fight the beast of violence." wasnotenough. "Goodwilldoesn'tjusthappenbecause " I fyou are black in America, youare the wehave aPresident whois open to it,"she said. first firedand thelasthired," Rev. King stated ' 'Changedoesn'thappen unless we do some- as she lamented that racism still made the state ofaffairs for African-Americans bleak thingabout it.'' ' "Thereis somebadblood ingovernment and difficult. "Wewillnotrestuntilwearenot and people are suffering and dying on the only the people that hit the balland shoot the streets because ofbad public policy," King hoop, but we are also the people that own the continued. If we can't get rid ofthese bad teams that hit theball and shootthe hoop." Rev. Kingclosed with an emotionalcall policy-makers, we mustact.'' to take risks in our lives in the name ofsocial King pointed to themassive government expenditures on defense compared with the change. "The person who avoids risk has relatively minuscule funding for educationand nothing, does nothing and is nothing," she stated. "Only the person who risks is truly children's health as proof ofAmerica's misfree." guided policies. a "Americahas reputation asbeing the For thoseinterested in race relations and most violentcountry in theworld,'' Rev.King a law related topics, Cornel West, a leading A fricanobserved. '' Something is wrongwhen intellectualand writer,will bespeakcan a man American enforcement officer beat senseless Arena at 8 p.m. on March 24. ing withit." at Alumni and get away teaches philosophy and religion at blamed societal illsand not indiWest King vidualsforthe increasingly pervasive violence Princeton University and is theauthorof'' Race , in society. She said that it was "a mere Matters ' a New York Times bestsellers list. though mostofusknow that he did notdiscover ————————— j m -■ ——n VUR ADVISE TO YOU IS TO START TO j I DRINKHEAVILY! I I (It WorksFor Us!) Studentsdon'tletstudentsiirinkanddrive! I Hang In There! Only 17 Days To Go For Spring Break! (Not thatanyone's counting!) �The Docket Human Rights Week Graduate Group on Human Rights March 7-11,1994 Tuesday. March 8 I:oop.in. Presentation on theWomen'sLawCenter, 545 O'Brian,UB (Ainherst Campus; The Center'smissionisto provide legal servicestoworking women and survivors of famil) violence. Co-sponsoredby the GraduateGroup on Justice andDemocracy. 3:30p.m. "SurvivorsofTorture," 545O'Brian,UB(Amherst Campus) FionaMenziesdiscussesthe workofthe CanadianCentrefor VictimsofTortiire.Co-s/wn«>m by theSchool ofSocial Work. 7:00p.m. "TheAtticaPrison Uprising," 106O'Brian,UB(AmherstCampus) JessupWinners Head ToToronto SBA General Executive Committee Elections for the 1994-95 Academic Yeai Petitions Available: March 7,1994 Rm. 101 0'BrianHall Deadline for Petitions: ■ri.,March 18,1994,4 pm,Rm. 1010'Bria MandatoryMeeting: M0n.,March21,1994, Time & Place TBE CandidatesForum: Wed., April61994, Time & Place TBD Dates ofElections: Tuesday & Wednesday, April 12-131994 from 9 a.m. 4 p.m. at theLaw Library - PresentationbyAtticaßrotherHerbertX.BlydenontheuprisingatAtticaPrison. Co-sponsorec by thePrison TaskForce. Buffalo Law Review Wednesday. March9 11:00-1:00p.m. Human Rights Campaign, Baldy Walkway (across fromLaw Library, 2nc , floor, O Brian Hall), UB (Amherst Campus) Video presentations and campaigns in support ofthe human rights issues ofwomen's am ;hildren's rights and in support ofLeonard Peltier. Co-sponsored by the Graduate Group on Justia md Democracyand theNativeAmerican People sAlliance. 1:30p.m. "HomelessWomen: Meanings and Myths ofHomclessness," 545 O'Brian,Ul Amherst Campus) Stephanie Golden, journalistandauthor, discusses the subject ofherrecent book, Mythso -lomelessness. Co-sponsoredby theBaldy Center, Association ofWomenLaw Students, Anti-Rapt TaskForce, Graduate Groupfor JusticeandDemocracy, Women'sStudies Program, and Graduate Women in Management. 7:30p.m. InternationalWomen's DayProgram, Amnesty InternationalGroup37o InternationalInstitute, 864 DelawareAye. (betweenBryant andSummer Streets). IncelebrationoflnternationalWomen'sDay.lsabel Marcus, professoratUßLaw Schoolani vomen'srights activist, speakson"Women'sßights in the 905." Thursday. March 10 3:30p.m. "TheDeath Penalty in Texas: The Case ofßobertDrew," 545 O'Brian, UB (AmherstCampus) Michael Jackson speaksabouthiswork for thedefense ofRobert Drew, an inmate on Texas' ieath row. Co-sponsoredby the GraduateGroup on Justice andDemocracy. For m ore informationon any ofthese events, call theGraduateGrouponHuman Rights it 645-6184. SBA Vice President Forms By-Law Revision Committee In the wake ofprolonged debate over ideas, such as establishing an independent, SBA procedures, Vice President Paul Beyer elected Grievance Committee/Judiciary to has formed aBy-Law RevisionCommittee to consider complaintsagainstSßA officersand reformtherules under which the SBA operates. renderconstitutional interpretations. InaddiAt its first meeting, the Committee tion, the Committee will look closely at recdiscussedrecommendations for anew, more ommendations contained in least semester's stringentabsenteeismpolicy. Duetorepeated SBAInvestigative Committee Report, which absences, the SBA has achieved quorum,the focussed onwrongdoing by theSBA President Ben Dwyer, the 1LClass Directorwho requisite number of people needed to take official votes, atjustthree ofthe seven meet- led theInvestigative Committeeand authored ings scheduled this semester, hi addition, three much ofthereport, said: "Themostimportant SBA ClassDirectors havebeenremoved from partofourreportwasthesetofrecommendaoffice forexcessive absences. tionsonhow toreformthe SBA and ensure that ' 'Much ofthe gridlock in the SBA has serious violations oftrust don' t happen in the Stemmed from confusion over constitutional future. lamdeterminedtomakesurethatthese procedures and rampant absenteeism,'' said recommendations are incorporated into the Beyer. "By-LawreformswillenabletheSßA constitution and by-laws before the end ofthe to operate with more clear procedural guidesemester." lines and to crack down on the excessive The Committeeplans tomeet weekly on absences that make it nearly impossible to a varietyofissues. Any comments orsugestions conductbusiness.'' for the by-law reforms can be given to SBA Besidesreforming current By-Law proVicePresidentPaul Beyer(Box 334). visions, the Committeeplans to considernew < 1... Violence, contimiedfrompages people that to the survivor, rape isn't something that ends when the physical bruises heal; the effects last for years, if not a lifetime. The Antioch College Sexual Offense Policy will be discussed. Additionally, we will have a discussion where we try to find how today's students definerape. Tuesday: CommunicatingWithEach Other. This is theone evening which doesn't discuss rape. Instead I will focus on the psychological ways menand womencanand do hurt each other. This will concentrate on learning better ways ofunderstanding each other and communicating witheach other. I willhave oneortwo people from the campus CounselingCenteropenthediscussion. Our goal is to getthe students talking to each other about what behavior bothers them, asking questions ofeach other, etc. Wednesday: What You Can Do To Help Night. The final evening will focus on looking forsigns thatfriends havebeen abused or are abusing. We will discuss how to recognize the signs,what to doabout it,when to seek help foryourself, programs students can join to help others(e.g. The Anti-Rape Task Force), letter campaigns, etc. We will also tellwomen wherethey can goforhelpif they havebeenraped. I willask students for their suggestionson whatcan be done to help. Additionally,lwillhavepeoplewithmefrom theARTF. This program is designed to inform. I hope thatthoseattendingtheprograin and/or reading the materials will come out ofthe program witha greater understanding of(he impacto frape on thevictims, and howsimple changes in behavior can prevent misunderstandingsandmiscommunication. I encourage everyone to attend. Signs will beposted giving the exact location ofthe presentation. 1994Casenote Competition Informational Meetingfor 1Ls March 9, Rm 106O'Brian Hall, 5:15 p.m. Thefollowing individuals will berepresenting the University ofBuffalo School of LawattheFaskenCampbellGodfrey Intramural Moot Court Competition on March 19 in Toronto: Karen A.M. Bailey, PeterBeadle, William Gargan, Elizabeth Goldberg.Nicole Johnson, Kristen Jones, Sada Manickam, Scott Rosenberg, Bridget Cawley and Leslie Machado. Cawley andMachadowereselected as alternates. Congratulations to the above first-year students. Those chosen to represent U.B. also attain JuniorAssociate status withthe Jessup International MootCourtßoard in addition to the following students: Craig Brown, Erica Coughlin, Eric Diaz, GinaDiGioia, SusanEtu, Michael Garron, Michael Granger, David Hastings, Darci Hoffand Jennifer Sommers. ... Opinion Mailbox -, continued from page 6 ...All or Nothing, continued from page 6 standing the virtuous ideals that Dr. King espoused which should be celebrated by all Americans, I view the SUNV King Day class cancellation policyand (he corresponding absence ofsuch policy onothernational holidays as affirmative action for African-American interests which, for theabove reasons, serves to dividerather unite the SUNY community. JayKalasnik,2L AddictedTo Melrose Place Dear Editor: Like your Photo Editor, Dan Harris, I must also confess that my wifeKate and I are likewise addicted to MelrosePlace. Thisis the onlyTV series we walch. Somehow I manage to find time for the one hour on Wednesday evening in the middle of the week, between teaching theImmigrationLaw course,reading marriage fraud can involve severe criminal and/or civil sanctions. I note thatDan Harris is not enrolled in the L689 Immigration Law Course, so hisarticulation ofthis misconception will not affect his grade! In general, I considerMelrosePlace to be valuable as sheer escapistentertainment. I commend theproducers, writers,and theactors advance sheets,and maintaining my lawpracfortheir excellenceatwhatthey do. I wouldnot venture to suggest that the showisreplete with tice. profoundtopicsonaweekly basis. However, I would like to correct a common mis, when societal issues are addressed, I feel that conception referenced in Dan Harris commentary. Matt's "greencard" marriageto the they are done tastefully. I particularly enjoy Russian doctorKatya, would notresult inher therelationships betweenthe main characters acquisition ofU.S.citizenship status, even if and peripheral characters, some ofwhomconthe Immigration Service were to approve veniently dieoff(literally)whentheircontract Matt'spetition on her behalf. She would only isup. Some ofthecharacters are unquestionacquire conditional permanent residence sta- ably sociopathic, or otherwise afflicted with tus, which would require a removal petition personality disorders, but nonetheless have theii two years thereafter, at which stage it would attributes, and are found to be attractive by some ofthe moreadmirable characters. I find again have to be demonstratedthat the marriage was bona fide from inception, not a these relationships to be illuminating social marriage ofconvenience for the green card. commentary, in addition to the tastefully porAfter three years from the grant ofthe initial trayedrelationship between Mattand the Serconditional residence status, the alien spouse viceman, both ofwhomare admirable. Ifwe would then be eligible toapply fornaturaliza- were in the 1890's we could characterize the tionas aU.S. citizen, assuming thattheappli- series asa " gay " one, butthatwouldnow have cantwas stillresiding inmarital union withthe a different connotation inthe 1990's. U.S.citizen. In most cases apermanent resiGerry Seipp, Adjunct Assistant dent mustwaitfive years to apply for naturalization. It should be noted that, if detected, Professor for Immigration Law L689 ...Biased, continued frompage 6 cans, Native-Americans, Hispanic-Americans, Asian-Americans, White-Americans, as well as other minorities. Such a diverse panel ofpeople wouldenhanceand enrichmy education as well as my contribution to society. costly battle to givenstheright to express our opinions, however' 'unfavorable they may seem to the majority. Let us not let the tyranny ofthe majority overcome our cherishedright to speak upagainst thatwhich we deemwrongand unjust. Mr. Housh, I, too, desireto make an effectivecontributionto theschoolwhichis Finally, Mr. Housh, I realized that you may have agreed to be one ofthe judges of the competition partly because of your giving me theopportunity to acquire a sound moral obligation to the Law School, which legal education. Althoughyoumayhavehad good moral intentions in participating as a has provided you with the opportunity to acin the competition, I honestly believe judge a decent education. quire legal However, I find your comments degrading, abusive, and that your continuing participation in such programs will not successfully advance the simply not the kind of comments a welleducated lawyer should use, especially to a Law School,northeeducationofits students law student. Personally, I wasn't theleast bit (especially minority students). I think that offendedby your invective-laden comments. your participation hinders (rather than advances)the goalsoftheLaw School. The I am more concernedabout myfellow in inority brothers and sisters who may be inclined School needs alumni/alumnaewho will ento publicly viewtheiropinionsofan endeavor, richand enhance the education ofits students, but may be discouraged by people (such as irrespectiveofrace, color, sex, national origin, sexualorientation, orhandicap status. It yourself) who desire to suppress such opinions. Minority studentsshould remember that does not need individuals who desire to permenand women ofall colors have fought a petuate an unjust status quo. March 8,1994 The Opinion 11 �BAR/BRI BULLETIN DATES TO REMEMBER DAY/DATE ' EVENT FgIDA¥rFEBRUARY 11 official filing deadline FOR MARCH 11th MPRE 18 •— —— for summer 1994 BAR/BRI COURSE SCHOLARSHIPS filing deadline S\JNDA£r J£tetoR\JAK%~27 * - "" TUESDAY, MARCH 15 NOTE: CLASS OF '96 & '97 Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: Time: Tuition: ROOM 106 11AM 3PM FREE for BAR/BRI enrollees - l) 1994 book distribution begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - WEDNESDAY, APRIL 13 last WEDNESDAY, APRIL 27 filing period begins day for: l) book pick-up 2) DISCOUNTED TUITION for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins at live location WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3c99a76bbac083c8f4eeb6db512841d2.pdf 1981f9a81904128295d8ac68488edd30 PDF Text Text Rriiighig the issues to thestinlriih simvlWJ THEOPINION Volume 34, No. 13 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW March 22,1994 Buying Some Time BaptisteWins Annulment OfRecall Election In NewYork State Supreme Court byEvanßaranoffl. LayoutEditor A State Supreme court judge Friday decided to set aside the recall election that Student Bar Association President Saultan Baptiste was supposed to face yesterday and today, holding thatthe SBA Board ofDirectors violated the SBA Constitution in their handling ofthe recall election. ' 'I find that theofficersand directors of the SBAacted in excessoftheirauthority...," said State Supreme Court Justice Thomas P. Flaherty in regard to the recall election. Judge Flaherty, however, annulled the recallelection "withoutprejudice," meaning that students may restart therecall process, if they wish, as long as they do so in accordance withthe SBA Constitution. [See page 15.] JudgeFlaherty heard arguments from Baptiste's attorney, Gregory L. Brown, and respondents' attorney, Pamela Neubeck of Group Legal Services, at 9:30 a.m. Friday, March 18,at theBuffalo City Court building, part27,concerning Baptiste'scomplaint, which was filed March 14. Baptiste sought relief underArticle 78 ofthe New York Civil Prac- SBA President Saultan Baptiste ticeLaw and Rules,which provides afast incourt procedure to challenge theactions ofan administrative agency ora quasi-governmental body. The Article 78 proceeding prohibits such agencies from making "arbitrary and Dean Says Move Downtown Unlikely byJosephBroadbent, capricious decisions. In his 17-page complaint against the SBA,Baptiste asked the courtto (1)rescind and annul the final report ofthe SBAInvestigative Committee, (2) vacate and annul the SBA BoardofDirector's decisionto strip himofhis fiduciary powers, (3) vacate and annul the SBA Board's decision to conduct a recall election againsthim,and (4) enjointhe SBA Board from undertaking any further punitive actions or sanctions againsthim. Baptiste alleged that the actions ofthe SBA Board were' 'arbitrary and capricious and denied him ofhis' 'right to basic fairness and due process." He said the SBA Board violated the SBA Constitution bywrongly interpreting the ' 'general election clause, arbitrarily deciding that75 more signatures were needed to forcearecall, and byallowing extensions ofthe deadlinefor obtaining theseadded signatures. Board members specifically named in the complaint included Vice President Paul Beyer, Treasurer Marc Panepinto, 1L Class DirectorandAdHoclnvestigativeCommittee Chair Ben Dwyer,2LClass Directorand Investigative CommitteememberDavidNemeroff, and 1L Class Director and Independent OfficiatoroftheSßAßecallElectionSueEtu. All those named in the complaint, except Panepinto (who was never served with the complaintbecause he was out oftown) were present at the hearing. ''The students should read their constitution." —JudgeFlaherty Outside ofannulling therecall election, the judge took no other action against the respondents. The judge said the creationand actionsofthe ad hoc Investigative Committee was valid under the SB A Constitution. The judge also did not invalidate the Board's decision to remove Baptiste's fiduciary powers, saying itwasbeyondthe court's authority to address thisissue. Inresponseto Baptiste's fourthrequest asking thecourttoprevent theSBA Board from ...No Recall, continued onpage 13 Human Rights Week '94 StaffWriter would belikely to happen for at least 15 years. While there are some disadvantages to How likely isitthatthelawschoolwill remaining inO'Brian Hall, suchas its deteriouprootandmove downtown? Notvery.accordcondition rating to Law School DeanThomas and the extensive traffic ing Associate through the building, the advantages to the Headrick. move, such as being able to view actual trials Thepersistent suggestionto moye downtown, which was started by somelaw school have been overstated (most lawyers will not alumni, has grown into a nagging rumor but spend much of their career in a courtroom isn'tlikelytobecomeareahty,Headricksaid. anyways). A new on-campusbuilding tohouse the Proponents ofthemove claim that moving downtown would be beneficial to law law school isstill possible,butnot likely since students by making thelaw school closertothe the next fourbuildingstobebuilton campus are already spokenfor. courts and Buffalo' s legal community. HowA downtown satellite location for the ever, Headrick states that the move doesn't law school could be established in the near makesenseforanumberofreasons. Mostofthenation' s toplaw schools are future, especially ifaproposednew courtcencurrently located on-campusandmoving the terisbuilt, Thiswouldprovidethebestofboth worlds by allowing students who wantto be law schooldowntown would sever its connecUB students wrote letters in support ofthe UnitedNations Convention on therights of tiontotherestofUß. Law students wouldn't closer to thelegal community to bedowntown the childduring the GraduateGroup on Human Rights 'annual Human Rights Week. be able to use the rest of the university's withoutsevering the otherlaw studentsfrom Seepages 3 and 10forother events thatoccurred during this jam-packed week. services, suchasundergraduate libraries and the rest ofthe university. financial aid,and the moye wouldmake taking There are still changes in store for the law school in the near future, though. The courses in otherdepartmentsextremely inconadministration circulated a memo last week venient ifnot impossible. An InterviewWith Bruce Isselbaecher,Student Rep requesting up to the Opinion office and answer some proposedchangesand improvements byPaulH. Roalsvig, Editor-in-Chief Headrick stated that people involved When the students ofthis law school go questions. with the university realize thatthe law school for thelaw school. Primarily, thisconcerns thelaw school's to vote for their SBA Executive Committee isanimportantpartofUßwhichshouldnotbe representatives in April, theywill also find a Q: Bruce, whatis the University Council? isolated. Hepredictedthatnomovedowntown ...Move, continued onpage9 ballotforanon-SBAposition. This positionis that ofStudent Representative ofthe UniverA: The University Council is a board consistUp sityCouncil. Manyofusarenotfamiliarwith ingoftenmembers, six ofwhich areappointed byEvan Baranoff,,LayoutEditor posed forSBA Treasurer, the University Council, or what it does. I in- bytheGovernorofNewyorkState.Thereisone TenCandidatesare vying for four StuRunning for Secretary/Parliamentarvitedthe present student representative on the Student Representative elected to this board. dentBarAssociation Executive Board posi- ianareRedaAustin(1L), Emilia Chemyavsky University Council, Bruce Isselbaecher, tocome pcCaoognutienld, 11 tions inthe SBAGeneralElection scheduled (1L)and AdamEasterday (1L). formid-April. A "CandidatesForum," wherecandiVotingbooths willbe openfrom 9a.m. dates will state their platforms and answer to 4p.m., Tuesday and Wednesday, April 12 questions from students, willheheld WednesABA Site Evaluation Team Comes To UB 3 and 13, outside the law library. day,April 6. Thecandidates forSBA Presidentare Petitions were due Friday for candiEditorials and Opinion Mailbox 4-7,12 BenDwyer(lL),RoxanneMarvasti(2L),and dates to have theirnames put on the ballot. 8 Roaming Photographer. Mikeßickard(lL). However, Students will have the option of Alumni Focus: Class of72 Running for VicePresidentare Craig voting fora "write-in candidate. 9 Brown (1L), John Leifert (1L) and Leslie A mandatory meeting for all candiNew Recall Imminent 15 Machado(lL). dates is scheduled for today to explain the Docket 15 Elizabeth Jewett( 1L)isrunning unopelectionrules and guidelines. What Is the University Council? Candidates Gear For SBA Elections HIGHLIGHTS �\ TTT \J / I've y ° Bar NY m^ T l atorney 1 said met /Even, ever / the pas \ I out left be / >.\ tWhat alkingabout! ° eCome vrybod's See and f/ J J Don't conversati! the of -St/ *^ \ Tsend recive loextbkoinksg 150 $ my ! ! ! PtalkingIaEboRu!t why Find those D,gCSI! ik Crt *mi ' A in A P C I U belter deposit great to Und /l/ 1CAL -806359 evryone _ out s 1 / V pasedM hdaovnee Pcourse ItEoRk cou,dnt /Of I ! I *d V %. £/<J b ,1 f r < W "\ great! T Pto ? rC ared haVC pas ed X" You L^'m' s That 1 / f Contact: Pamela Volenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa Pas ! People Pieper �Former Attica Inmate Speaks On 25th Anniversary Of Uprising by Paul Beyer, Staff Writer To many, Atticais justa footnote in the history books. That Prison riot somewhere upstate. A closing chapter to the turbulent story ofthel96o's. To others, Attica was a community, a home, a civil rights protest. According to HerbertX. Blyden,a former Attica inmatewho participated in the uprising,'' Attica wasn't a riot, it waspeople whosaid enough is enough and theyrebelled." Blyden spoke at O'Brian Hall onTuesday,March 8, aspart o fHuman Rights weekto mark the 2sthanniversary o fthe Atticaprotest. A segment ofthe award-winning PBS series ' 'Eyes on thePrize wasshownbeforeßlyden's talk. The eventwas sponsoredby the National Lawyers Guild, TheBlackLaw Students Associationand the Graduate Group on Human Rights. "Eyes on the Prize" documented the took hostages for protection and elected their own internal administration. The inmates' demandsforreform includedmore educational programs, better health care and food, more hispanicandblackguardsandno censorship on lettersand magazines. Thirteen outside observers wereallowed into D-Yard to observe the negotiations and treatment ofhostages. One of the observers wasNew YorkState Assemblyman ArthurO. Eve(D/L-Buffalo). ' 'It was almost a community within a community," said Eve in a PBS interview. "Was America willing to maintain order no matter whatthe price?" — HerbertX. Ely den day-to-day events andprisonconditions leading tothe uprisingand idtimately the massacre ofinmates and hostages ordered by former '' They said this was theirhomeand they were going to make it as liveable as possible.'' Governor Nelson Rockefeller. Negotiations with Commissioner Following minor uprisings at Auburn Prison and several New York City jails, the Oswald soured when GovernorRockefeller "Attica Brothers," as the protesters were dismissed the possibility of amnesty for the known, presented demands to improve prison inmates following thedeathofone ofthe prison conditions to RussellOswald, Commissioner guards. On September 13,1971, commonly ofCorrections forNew York State at the time. known as "BloodyMonday,"National GuardsOne month later, George Jackson, aprisonerat men, State Police and Corrections officials stormed theprison, killing 43 men, including 9 San QuentinPrison, was murdered, thus leading to a hunger protest atAttica. Thiswas the hostages. final spark thatignited thefull-blown uprising Despite reports thatthehostages' throats were slitby inmates, it wassoon found that all which was to follow. On September 9,1971,1500 prisoners ofthe hostages were killed by police gunfire. took over D-Yardand D-Block. The inmates The prisoners were found tobe unarmed. "Was America willing to maintainorder no matter what the price," said Attica Brother Blyden in his talk. Blyden documented the chilling events following the massacre. Hesaidthatprisoners were told to strip and crawl through themud to the feet of waiting guards, after which they were forced to run throughagauntletofviolent guards to get back to theircells. Looking at current conditions in Attica, Blyden lamented that most of the changes made since the uprising have been largely cosmetic. He also lashed out at Governor Cuomo forhis policy ofbuilding more and more prisons. ' 'We have got to look at alternatives to moreprisons," Blydenexclaimed. "It'sasif Cuomo thinks that 60,000 more cells will solve the problem." "Atticaisjust a little warehousewhere they'reputting more andmorepeople," Blyden continued. ' 'And it's right here among us in Western New York." Blyden is currently employed as apara- legal. Hehighlighted the success nil careers of some ofthe Attica Brothers, but pointed out that society never really gets by the stigma attached to an ex-convict. The late Muhammad Kenyatta had the following to sayaboutthe legacy ofAttica: "If we are to be success ful in honoring those things for which the brothers in Attica fought... we must make the broader connections... come together as sisters and brothers to say that we will, at the risk ofall we have to risk, make a new society thatremembers, even celebrates as it sheds tears about Attica,and transcends... all ofthe Atticas..." Speaker Says Death Row Client Is Innocent byLeslie P. Machado, StaffWriter Impassioned, focusedand intense,University ofBuffalo School of Law alumnus Michael Jackson addressed a small audience on March 10about his workconcerning Robert Drew, aTexas inmatewhois currentlyon death row awaiting execution. Jackson was thefinalspeaker ofHuman Rights week and spoke informally on ' "The Death Penalty in Texas: The Case ofRobert Drew forapproximately one hourinO'Brian 545. Thetalkwasco-sponsoredby theGraduate Group on Justiceand Democracy and the GraduateGroup on Human Rights. Jackson, who graduatedfromBuffalo in 1989, saidhe firstbecameacquainted withthe Drew case when he clerked for William Kunstierduring the summersof 1987and 1988. He continued to work withthem [Kunstler's office] on different things and was asked in August 1993 to assist withthe Drew case. Drew wasaccused ofmurdering Jeffrey Mays whilehitchhiking to Oklahoma in February, 1983. Drew and another man, Ernest Puralewski, were picked up by Maysand another man, Bee Landrum. After the killing, Texas whichpointed to thefactthecorroborating testimony ofBeeLandrum stillstood. A few years later, BeeLandrumrecanted his statement, saying he didn't see Drew doit. In addition, hetold counsel about atape recorded statementthepolice tookprior to trialthat wasnotturned over to the defense. In this tape recorded statement, he said unequivocally thathedidnotseethemurder. He Jackson said, "Ithasbeen 11 years since he (Drew) was convicted and still no courtoflaw, no adjudicatory body has given serious consideration to Drew' sclaims ofac- tual innocence which manifested after his conviction.'' ' 'That should scare anybody whois concerned about civil liberties and about the proprietary ofthe death penalty and the quesalso told counsel that he had taken several tionaboutwhether or not it can everbepractipolygraph testswhich the state said were lost. cally utilized," headded. In possession ofthetaped statement, Jackson said the Texas 30-day rule along withthePuralewski statement,Drew' s was ruled constitutional by the United States counsel went into Federal court and pursued Supreme Court in Herrera v. Collins on the thatroute which endedup being deniedby the premise thattheTexasBoard ofPardons and Supreme Court In each instance, it was largely Parole and the clemency procedure in Texas because ofthe 30-day rule thatthe evidence would operate as a failsafe against the execu...Death Row, continuedonpage 10 couldn' tbeconsidered. Human Rights Week Addresses Homelessness bothDrewandPuralewski were charged with capital murder. At Drew's trial, Landrum testified that he saw Drew do it and vividly reenacted the movements and slashing whichhe saw. Drew was convicted and sentenced to death. Puralewskirefused to testifyand insteadpled to one coimt ofcapital murder. He was sentenced to 60 years imprisonment. While in prison, Puralewski began to bragabout committing the murderby himself. Counsel was sentto Texas and an affidav it was taken inwhich Puralewski swore thathealone murderedMays. The statementis significant because itwaspresentedin court 101 daysafter his conviction. This was in violation ofthe Texas'' 30-dayrule which excludes evidence presented 30 days after the conviction.. Drew's counsel moved to have a new trial in 1983 based on the Puralewski statement, butweredeniedbased onthe 30-day rule. The denial was affirmedby the highest court of Stephanie Golden, author andjournalist.speaking to a capacitycrowd in the Faculty Loungeon "Homeless Women: MeaningsandMyths ofHomelessness."during Human Rights Week. Thisprogram was co-sponsored by numerous university groups, including the GraduateGroup on Human Rights, theßaldy Centerand A WLS. ABATeam Evaluates UB Law i BySharon Nosenchuck, NewsEditor OnMonday.March 14,1aw students were invited to share their views of law school life in O'Brian Hall with members ofthe A.B.A. site evaluation team. The mission ofthe team is to evaluate the Law School for A.B.A. accreditation. A team member noted that the report that is prepared isconsidered confidential and itis up to the Law School and the Dean to decide whetherthe report should bereleased. The Faculty Lounge was packed with law students, all anxious to tell the six member teamabout thestudentperspective ofU.B. Law School. The team is made up oflaw school administrators and faculty from across the country. Not all team memberswere present for themeeting with students. Richard Wirtz, the team member from Tennessee, began the meetingby advising students thatthere was "no possible chanceof theLaw School losing itsaccreditation becauseofthis report' ' by the A.B.A. team. They thenasked thestudentaudience ifrelations between faculty and students could be better. One law student commented that UB Law is "not keeping up with emerging schools ofthought Another student said that students don't get feedback fast enough fromUB professors. Other students concurred with this view thattherewasa lack offeedback by the faculty. However, a student countered that "individual professors can be extremely accessible.'' Someone said that her key educational experience at theLaw School was participating inamoot court competition. She noted that both moot court programs at the Law School are student run, as itis very hard to getprofessorsinvolved with this studentactivity. Oneissuethat arousedalotofdiscussion from those present at the session was the school's grading policy. There is no grandfather clause for grades for 2Ls and 3Ls,complainedone student. Another stated that students would prefer the old grading system rather than thenew system and that the new system is a bad compromise all around. It was noted by a member ofthe audience that thegrade change wasstudentinitiated. The number ofadjunct professors teaching at the Law School elicited several comments from the crowd in the Faculty Lounge. One studentsaid thatitwasharder to get feedback from adjunct professors, whileanotherjokedthatmany 2Lsand 3Ls feel like theygo tonightschool, because so many classes are taught in the evening. Students expressedthe wishthatthe Law Schoolhad moreofa senseofcommunity. Students said thattheLaw School had no identity, citing as examples the space problem in O'Brian, which is so bad that some ILs take their ethics class outside of O'BrianHall. A member ofthe audience noted thestructural problems withO'Brian, saying thatthe wearand tearonthe building is tremendous. A copy ofa City ofßuffalo CommonCouncil Resolution encouraging the Law School to move downtown was handed to the team by one member ofthe audience. Anotherspaceproblem notedby participants was thattheLaw Library is overwhelmed by non-law students. The comment that, while the Administration says mat since the school is a publicly funded institution, the library must be open to all, but that nuclear submarines are also publicly funded and they arenotopen to everyone, elicited laughter from the audience. ...ABA, continued onpage J 3 March 22,1994 The Opinion 3 �FePINION WBT\ Volume 34, No. 13 Founded J949 Mafch {g94 Editor-in-Chief: PaulH. Roalsvig Managing Editor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: PeterZummo Layout Editor: Evanßaranoff PhotographyEditor: DanHarris ArtDirector: KathyKorbuly StaffWriters: Karen A.M. Bailey, SteveBalet,SaultanH. Baptiste,Paul Beyer, Joseph Broadbent, Les Machado, and JeffreyWeiss Contributors: CharlesGreenberg, DiannaL. Ramos Computer Consultant: Peter Beadle - EDITORIAL Let Justice Be Served SBA President Saultan Baptiste's conduct reached an all-time low, even considering what his opponentshavebeen stating about hisactionsall year, when he served and sued his fellow law students in New York State Supreme Court. Baptiste surreptitiously served his fellow studentsand SBA members. He served Sue Etu, aIL Class Director by using a professional server at a cancelled SBA meeting last Wednesday. Baptiste called Ben Dwyer, a 1LClass Director who was at home sleeping. Afterhaving expressed concernover Dwyer's health, Baptiste then sent his server after him. Dwyer was greeted with aknock on his door and a knock to hisperson, after being served withalawsuit. Both Etu and Dwyerhad gone out oftheirway to remain neutraltowardsBaptiste. SBA Vice-PresidentPaul Beyer and 2L ClassDirector David Nemeroffwere also served. Baptiste then engaged on a hunt to serve SBA Treasurer Mark Panepinto. Baptiste called the wife of Panepinto's Moot Court partner, 2L David Leve, and questioned Mrs. Leve as to the whereabouts ofPanepinto. She did not know. Baptiste, according to reports, also questioned 2L Class Director Christin Horsley as to Panepinto's location. Baptiste supposedly told Horsley thatthere wasan emergency with SUB-BoardI, the SBA accountants, thatneeded Panepinto's immediate attention. Horsley didnot knowwhere Panepinto was,either, and the next day, ithasbeen stated, whenHorsley confrontedBaptiste withhis subterfuge, he admitted as much. Panepinto was in New York City participating in anational MootCourtcompetition. IfBaptiste had been able to find and serve Panepinto, Panepinto would have had to leave the competition,thereby wasting weeks ofresearching and writing abrief, preparing for arguing and drivingnearly 900 miles roundtrip. It wouldhavealso prevented UB Law Schoolfrom participating in thenational competition, hurtPanepinto'spartner by not allowing him to continue in the competition and embarrassed its student participants. This kind of underhandedconduct by a fellow law student and an elected representative ofthe studentbody isuncalled for and disgraceful. The problem should first have been attempted to be worked out in the law school through the grievance administrative body ofthe Faculty-Student Relations Board (FSRB). The FSRB has jurisdiction over all grievances between law students. Indeed, it ispuzzling why the judge found in favorofBaptiste without all administrative relief having been exhausted. But that is a separate and less important legal issue. It should be written into the SBA Constitution that any procedural matterpertaining to SBA affairs shouldbe addressedbefore the FSRB, including questions ofan interpretation ofthe SBA Constitution. Itshouldalso be written into the SBAConstitution that aprocedure be in placewhereby ifan SBA Executive Board member, including the President, commits unethical, unprofessional or illegal actions, such as misusing student fees to pay for large personal phone bills, then by a 3/4 (three-fourths) vote ofthe 22 members ofthe SBA, that memberwouldbe impeached and removed. Presently, there is no way to remove an SBA Executive Board member withoutthe students voting in a recall election. And that is what Baptiste and his server prevented in thelawsuit. This whole episode with the allegations about Baptiste and his conduct in responding them has clearly gotten out ofhand. It hashurtfellow law students. It has hurt human beings who are not law students, but instead werepawns in apolitical manipulation. And it hurtsthe reputation ofthe law school. Some question the allegations againstBaptiste, calling them political. Butthatisjustan attitude that ...Editorial, continuedonpage 14 Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionispublished every two weeks during theFall andSpringsemesters. Itis thestudentnewspaper ofthe State University ofNew York at Buffalo School ofLaw. The views expressed in this paperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered atBuffalo, NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinionis funded by theSBA from StudentLaw Fees. The Opinionwelcomes letters to theeditorbut reserves theright to editfor lengthand libelous content. Letters longerthanthreetyped doublespacedpages will beedited for length. Please do notput anything you wish printed under our office door. Submissions can be sent via Campus orUnitedStates Mailto The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall,Buffalo.NewYork 14260(716) 645-2147 orplacedinlawschoolmailbox76l. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion March 22,1994 Opinion Mailbox A New Recall Is In Order forthose studentswishing to signthepetiuons. i o mc L-Ciiior. I encourageall ofyouto signthis new petition Don'tbe fooled into thinking that SaultanBaptiste hasbeen cleared ofwrongdoing and let thestudents finally speakon this matter. I would also like to apologize for the regarding hisallegedmisuse ofstudentfees in the recent court decision in Baptiste v. the disruptionthathas been causedby this controversy. However, I have no regrets aboutmy SBA. Nothing could be further doggedpursuitofbringing Saultan from the truth. tojustice. lonlyregretnotreporting JudgeFlaherty simplyinterthe President's actions to the stupretedthe SBAConstitution asredentsimmediately. I was obviously quiringmore signatureson theretoo naive in expecting Saultan to call petitions than were submitted comecleanwiththestudentbodyon totheSßA. Hedidnotevengetinto his own, as I encouraged him to do. the reasons for the recall, which Mypolitical future in theSBA have beenwell-documented inrehas obviously been hurtby my accent months. In fact, he expressly tions, as I knew itwould (Iam neistatedthathewas NOTrestricting ther seeking thePresidency nor reus fromtaking any furthercriminal election), but I was not elected to or civil actions, including a new protect my political career. I simrecall. ply didwhatl thoughtto betheright Because I feel that the stuand I will stickby my convictions. dentsare entitled to express theiropinions on thing, the President's actions at the ballot, we will be soliciting signatures for a newrecall elecPaulBeyer tion in the next few days. We will have atable SBA VicePresident set up outside the classrooms on the firstfloor ... Opinion Mailbox ', continuedonpages 6 and 7 From theEditor's Desk by PaulRoalsvig Editor-in-Chief Of Libel and a Letter Wewere working on thelast issue ofthe Opinion onthe evening ofMarch 7th,andhad Opinion. Well, firstofall, let's settherecord almostfinished the newspaper,whenthe inclustraight: it wasn't sent to us directly. It was sion ofthis particular "Letter to theEditor" in faxed to this school from somewhere in New this issue was brought to myattention. Saultan England onMarch 7. SinceTheOpiniondoes Baptiste had come bylate atnightandthought not have a fax, itwas sent to another UBlaw he'dgiveaquickglanceoverthe forthcoming office,one with afax number. Someone atthis issue, as he wasoften wontto do (the objectionschool intercepted this fax and forwarded a able presence ofSBA Executives at Opinion copyofmisfaxtoTheOpinion.andkeptacopy lay-outs is an issue wehave finally addressed (see Opinion Policy Proposal on page 14). forthemselves. The letter had the following origins: Saultan's face grew ashen as he spotted the Apparently several malelaw students had the letter. With more thana hint ofannoyance in pleasure ofsubletting theirapartmentin Boshis voice, he asked "where did this come ton to Saultan Baptiste last summer. One of from?" Somehowthisparucular"Lettertothe theaforementionedBoston law students apEditor" hadbeenenteredinto ourcomputer and parently has a female friend whois a student placed on apageready to goto printwithoutany currently at the law school here at ÜB, and editorhavingevenlookedatit! Mr.Paulßeyer whenthis friendtold the tale ofthe woesand admittedhe had broughttheletter to The Opinproblems ofourSBAPresident toher friends ion office, and our layout editor statedthathe in Boston, guess what? They decided they had placed this letter on the issue under the would write a letter to this law school. Now, erroneousassumption thatI had indeedlooked they wondered, who could they send it to? atitandOk'd its inclusion.While I understood Mr. Beyer's burning desire to see this letter Perhaps thanks to this woman at ÜB, or perhaps through a little research on their own, included in theMarch Bth issue ofTheOpinion. theymanaged tocontact Marc Panepinto, who I nevertheless did notfeel comfortablewith the gavethem a fax number they could send the circumstances of how it was almost "snuck in", andafter consultingbriefly withan indeletter to. The letter wasn't too complimentary pendent counselor, I decided tohold on to the towards Saultan. In fact, it contained several letter and investigate all the legal ramificaharsh allegations, and even drew some legal tions beforeprintinganything whichcouldhave conclusions which, if false, could have been potentially left the Opinion open to a lawsuit. the basis for a libel or slanderlawsuit. After The Opinion issue came out on The substance ofthe letter statedthat MarchBth, I heardthat somebody (who probably Saultan owedthese two law studentsmoney had the original fax in theirpossession) went for unpaidphone bills, andthathe had stone- ahead and made numerous copies ofthe letter walled on their request to get it paid, by and distributed it to various individuals at this refusing to answer theirphone callsand let- law school. But,asrvestressedmanytimesto ters. They noted thatthis seemed more than differentindividuals, this was not doneby any merely coincidental in light ofwhatSaultan Opinion writer, staffmember, oreditoracting had been charged withhere atÜB, andthey felt in theircapacity as an agent ofthis newspaper. thatthe student bodyat UBLaw had theright The Opinionjustdoesn't disseminateinformatoknow. ...Editor's Desk, continued onpage 14 Bynow,manyofushaveheardrumorof a particular letter sent to the Editor ofThe Corrections * IntheMarchB article inThe Opinion entitled"Heated DebateTurns ViolentatSßA Meeting,'' it was incorrectly reported thatDavid Nemeroffwasa3L and thatthe sodacan that he threw in the directionofCraigBrown wasfull. Nemeroffisa2LandNemeroff said that the soda can thathe threw in the direction of Craig Brown was not full. In the March 8 article in The Opinion entitled "King Daughter Calls For Racial Harmony,'' itwas incorrecdy reported that Marjory Avant's fatherhadmet MartinLuther King, Jr. Rather, Mr. Avant met King's father, MartinLuther King, Sr. * �Commentary: Fuel For Thought By Peter Zummo Features Editor WeWant Our Court TV Amajorpartofthereasonthatmany law students feel it would bea goodidea to move UB Law downtown is to beable to take part, even as mere spectators, in the trial process. While this is currently impossible here at the Amherst campus, some small solace may be found in CourtTV. This relatively new cable television network covers trials and the law 24 hours a day. Unfortunately this network is not available to those ofus wholive in Amherst, thanks tothegreat(yeah,right)cableserviceprovided by Adelphia Cable. But I think it should be available to everyone, and it should bemade available to all of us atÜB. It's unfortunate but true, a student can completeone fullyearoflaw school (ormaybe even two)and notyet see or experience a trial. While we have probably all seen 30 second trial excerpts onTV, or perhaps, fought that speeding ticket,few ofushave hadthe opportunity to witness a complete trial. I think itwould be interesting and educational to v iewlawyers engaged incombat in the trial arena, making their opening statements, interrogating witnesses, seeing the actual "law in action.'' Court TV may also help some students withtheirfinal exams. Last semester,Professor Dubber's criminal law final contained a fact pattern based on the Menendez trial in California. This trialwascovered extensively onCourt TV. A few students had never even heard of the case, and commented after the exam "How could Dubber make up a fact If Court TV is brought on campus, students would benefitfrom the experience. Just imagine a three month long trialloaded with Fourth Amendmentproblems.... available forall to viewthroughoutthe day on strategicallyplacedmonitors in O'Brian Hall. There is no doubtthat Court TV would have instructional value for law students. The feel and flavor ofcivil procedure, listening to a prosecutor trying to get at the truth or the impassioned plea for justicemade on behalfof a client by one the nation's best and brightest would be broughtright into the world ofUB Law. Those2oor3ominutesbetweenclasses could beput to some use, and whoknows, we mightactually learn something. The town ofAmherst has justsigned a new contractwithAdelphia Cable, whichcommits the cable company to serving all educational institutions in their franchise area free ofcharge (music tothe ears ofSUNY trustees). pattern like that?'' Well, you know the old I think afew phone calls to Adelphia from some saying, truth is stranger than fiction. If Court highly placedUniversity Administrators might TV had been available on campus, perhaps persuade them to bring Court TV onto the students would have been familiar with the campus. Orthe programming network itself case and the issues. might supply a dish to the University and we If CourtTV isbrought on campus, stu- wouldbeall set to sit down and watch thelatest dents would benefitfrom the experience. Just adventuresofTonyaandNancy. Justthinkof imagine a threemonth long trial loaded with it: CourtTV, education at itsfinest Now, how FourthAmendmentproblems.... about a popcorn machine in the first floor Seriously, I feelthatCourtTV shouldbe lounge? Commentary: Reacting to Schindler's List —perhaps chalk itup to hollywood sensationalism orpropagandized history. We were up half the night discussing List Steven Spielberg's new movie about a from: the way most modem day everything German opportunistwho found away to take Germans attribute the atrocities to a small advantageofW.W.ll and theJewish victimsof men, to how some on ofderangedmilitary group itAlthoughthemoviefocuses howSchindfer higher to at leasthas a ofthe ranked commandersplotted and graduallycomes his senses, or to (and wasmo assassinate Hitler how most attempted change ofheart, what re intriguingfor me was the portrayal ofthe Nazi soldiersand people are not aware of or taught about this theatrocities they committed during theholobecause it shatters the myth that most of Germanywas behind Hitler), to how they don't intercaust. What madethe movie evenmore esting was the fact that I sawthis movie with feel any moreresponsible than anyone else in my three german housemates. I wasinterested the world.They resentthe factmateverything to see ifthey would minimize whatthey saw abouttheholocaustportrays themas the"evil byJosephA. Stavrou Last month I went to see Schindler's Germans." Yet, I couldn't help but feel anger towardsthose' 'evilGermans'' whilewatching this movie. Justlike Spielberg managed to put a face and name onthat "six million historical statisticand thereby made therevelation of the holocaust a much more personal, human, andpowerful experience, so do we want to put a face and name on the villain. Thenameand face we'vecome up with isablonde,blue-eyed monster namedGermany. This,ho wever, is a caseof(purposely) mistaken identity. Thereal description of the monster is a sexless, earth ...Schindler'sList, continuedonpage 12 How Our Enemies Bring Us Together byDan Harris,,.PhotoEditor ' 'It doesn 'tmatterwhatyou believe as believe in something.'' longyou in -PresidentEisenhower Last summer I spent two months subletting an apartment. I had two housemates, Eric and Mark. Before we moved in together, the three ofushad only known each other casually. Living with themI discovered thatEric was areal jerk, whileMarkwasaverypleasantperson. At first the only thing Mark and I ever talked aboutwaswhatajerkEricwas. We'dgofor longwalks at night justcomplaining about Eric. EventuallyMarkandldiscoveredthat wewere able to talkabout things other than complaining about Eric. Webecamepretty goodfriends duringthe summer. We were pleased that the unhappy experience of livingwithEric had had the pleasant effect ofmaking usfriends. Acoupleofmonths afterl moved out, Lisaand I visitedthe place. Wespentafew hours chatting withMark and Ari, whose roomlhad subletted. Ari didn'tcareforEric either. My two friends told us many entertaining stories about what a jerk Eric is. I asked them ifafter thisyear they wouldjust go with a two bedroom apartment. I was very surprisedwhenthey toldme thatthey'd probably stay withthe threebedroom place. Neither liked Eric; but Eric served the purpose ofkeeping them atpeacewitheach other. With Eric to blame for everything, MarkandAri wouldnevergo ateach other's throats. This brought tomind something interesting, it seems our enemies are what bring ustogether. It's not thatEric is such a disgusting and horrible person, it's that he's enoughofajerkto bring otherpeople together in their mutual dislike for him. Before I subletted withEric and Mark,when ...Enemies, continuedonpagel2 l|viA SBA Executive I March 22,1994 The Opinion 5 �Opinion Mailbox, continuedfrompage 4 Baptiste Discusses Court Decision Dear Fellow Law Students: On March 18,1994,1won theright to have the scheduled Recall Election vacated andannulledand the court found that the SBA hadacted arbitrarilyand capriciously and in excess their authority. This decision has also createdlegal precedent in New York State regarding constitutional violationsundertaken by leaders ofstudent organizations. Baptiste v. SBA is the firstcase in whicha court found jurisdiction overa student organization such as the SBA underan Article 78 proceeding. The court's granting ofjurisdiction will mean that all student governments and organizations at U. 8., as well as organizations throughout New York State which are similarly structured, willberequired to follow their ownprocedures and constitutions or they will be subject to judicialreview. What thisalso means to the studentbody is thatthosewho werefound guilty ofviolatingtheSßA Constitutionaretheverypeoplenow proposing to make changes in it throughtheir ad-hoc By-Law Committee. However, I have no doubt that youwill continue to see their unrelenting attempts to pursue meuntilthe end ofmy term on April 30. It is in fact because ofthis that I intend to pursue all legal and administrative remedies available to me for the actionsofthosewho continue toharass me, as well as allthose incomplicity withthem. I have always said,and I will say once again, I take their actionsvery seriously. This isnotajoke, nor is it silly SBA nonsense. As long as lam put in a position were Imustdefend myself, I will continue to do so. Ihopethat my actions will prevent other studentsfrom the similar treatment in the future. Sincerely, Saultan H. Baptiste SBA President Students NeedTheir GradesSooner To All Faculty members and the Administration: As a 3L, Irealize thattheamount oftimeforme to " speak my mind aboutourlawschoolis limited. Accordingly, I would like to take this opportunity to discuss oneproblem atUB Law School whichhas bomeredmegenerallyforthreeyears, tangibly damaged myacademic career, and unnecessarily hinders ourstudents' prospects forobtaining employment Thatproblemis the prolonged gradingperiodforpro fessors to evaluate finals and theroutine disregardofthatdeadlineby many faculty members. The deadlinegiven to the faculty is approximately seven weeksafter finalexams. Thisis too long given the importance ofreceiving grades in a more timelyfashion. Many otherlaw schools, such as Cornell(3-4 weeks) and NYU (1 week for classes with less than 46 students, 2 weeks for classes with between 46-90 students, 3 weeksfor classes with between9l 130 students, and 4 weeks for classes with more than 130 students) recognize this and mandate that professors grade finals more quickly. While professors at this school may believethat getting grades is insignificant and merely placates students' anxiousness and inquisitiveness, this isnotthe case. Indeed, there are several reasons why it is imperative for students to receive grades earlierthan seven-plus weeksafter the end ofthe semester. My experience last summer in attempting to become a visiting studentat Rutgers Law School underscores thispoint. In mid-June, I applied to Rutgers. I asked A&Rto forward my (then) current transcript to Rutgers. A&R prompdy sent my transcript. I believed everything wascomplete, as I already had submitted my application. Several weeks later, I called Rutgers and inquiredabout my application. They stated thatmy application was incomplete and they hadn'treviewed it, andallavailable spaces for visiting students hadbeen filled. I was shocked! How couldthis haveoccurred? The answer isthatwhilemy transcripthadbeen sent by A&R, it did not include all ofmy Spring '93 grades because they hadn'tbeen turnedin by someofmy professors. Ibegged Rutgers to make an exceptionand toldthem there was nothingI could do. I explained that my school is notoriously late in submitting final exam grades. I even immediately hadaletterfaxed from A&R stating thatI was in good academic standing (A&R was very helpful). But my effortsproved futile. Making matters worse, was the fact thatI was told I would have been accepted BUT FOR the absence ofthose grades. I was fully qualified based onmy availablegrades, my extracurricular activities,and myreasons forrequesting visiting status. I was deniedSOLELY because thepolicy at thislaw schoolallows for an excessive amount oftimefor professors to gradefinals. Thereare many additional reasons, morerelevant and applicable tothe entire studentbody, why the grading deadline must be shortened. WhilemanyUBLaw students never try to attend another law school, I am confident that everyoneofus, at some time, searches for employment. This search is made - 6 The Opinion March 22,1994 more difficultbecause ofthe lengthy grading deadline. Every employer wants to see up-to-date grades. In- deed, gradesare often the most important hiring criteriaconsidered by employers. Notonly is it embarrassing,but it isalso damaging to our employment chances to have to continually explain to prospective employers why our grades are not available nearly two monthsafter theendofthe semester. The faculty mustrealize that in today'sjobmarket any obstacle to findingemploymentmustbeeradicatedifatallpossible. The grading deadline isjustsuch an obstacle. Considertheanalogous situation ofaprofessorwaiting to be awarder tenure. Unquestionably, one ofthe most importantfactors is studentevaluations. Imagine iftheprofessor had to wait indefinitely until his/her students submitted evaluations. Moreover, imagine ifsome professors wereputat an immediate disadvantage solely because there wasan excessive "evaluation period" whichwasconsistently disregarded by the students. Thiswouldhardly beconsidered an appropriate or fair system forprofessors to deal with, yet thisis the type of system encountered by UB law students. I am not unaware ofthe timedemands on pro fessors. Nor am I, or otherstudents, unappreciative ofthose professors who are diligent in returning grades promptly. But, every professormustreturngrades sooner. This uniformityshould be mandated byanew policy atthis school shortening the grading deadline. Based on personal experience, I am certain that a shorter deadline wouldrequire littleadditional effortand would not be unreasonably burdensome. This past summer, I graded over 100 law review casenotes (8 pages each and 2 pages of footnotes) in approximately five weeks. I was able to accomplish this while workingfull-time. I am confidentthatgrading final exams is no more demandingthan what I did, given thefact thatthe majority ofclasses are comprised offarless than 100 students (and consideringour grading system). In conclusion, the faculty (and the administration) must respect the significance oftheir duty to evaluate final exams and the importance ofreturning such evaluations in a timely manner. Thegrading system at this school manifests in the perception that the faculty and administration justdon't careaboutthe students enoughtoreturn gradesmore quickly, and is one ofthe main reasons why alumni don'tcontribute enough to fundraising campaigns. Whether ornot thisperception is accurate is not as importantas how it can beremedied. The simple solution is tocreate, and enforce, ashorter deadline forprofessors to submitfinal grades. Sincerely, Joshua Kimerling, 3L Hiring of SBA Assistant Unfair To the Editor: I've been reading the numerous Letters to the Editor regarding the firing ofthe SBA Administrative Assistant, but I don't wantto discusswhy she was fired. I thinkthe bigger,and moreimportant questions are how andwhy was shehiredin the first place? lam upset thatthe SBA decidedtooffer a57.50 perhour job to a personal friend without giving notice to anyone, especially struggling law students. There are many law studentswhohaveexcellentadministrative experiencewho would have been happy to earn that salary. Law students, some of whom have graduate degrees, are working in College Work Study positions foras littlea 555.75 per hour. Tliiskmdofhiring procedure was obviously a closed process and sounds like nepotism to me. I have sharedmy feelings withfellow students and they retribution. After all, a law student should beable to freely voice his/her opinion concerning the hiring policiesused by our elected studentrepresentatives. AudreaFinlay, 1L MLXDay OffCelebrates the Positive I had the misfortune to have arun in with the guy who wrotettielettertofoeeditoraboutMartmLumerKmg,Jr.(MLK). In the letter Jay Kalasnik stated quite explicitly that because the school observed that day, but did not observe the other national holidays, that the school was thus catering to ' 'multicultural leftists. Initially, I had not read the letterall the way through because it was rambling, disjointed, and he failed toconnect multiculturalism (whose purpose isto educate about different races and cultures) to MLX (who fought for civil rights). In all honesty, I justdismissed theauthor ofthe letter as anut and went on to the nextarticle. However, my encounter with himwas foistedon me whenheapproached, andasked if I wasKedra Burgos, afellow studentwho wrotea response to his letter. I was floored because this guy was in my Trial Technique class, he hascalled me by name, and heknows quite well thatmy name isDrew-hecertainlyhasnever heard anyone refer to me as "Kedra'' before. Nevertheless, Mr. Kalasnik claimed that because the response letter was articulate, and because he considers mearticulate, he justassumed that itwas me, despitethe totally differentnames. With thatrationale, I certainly shouldhavebeen mixed upwithSarahPhillipsby now. Jay's assumption clearly indicates thathe believed thatthere could only be one articulate black woman in law schoolperhaps heshould broaden his horizons by interactingwithmore 0f us to shatterthatvery narrow-minded belief. Atany rate he wanted to explain to me whathe really meant in the letter—simply that the school should celebrate every single nationalholiday and sincedie school does not, but choosestorecognizetheMLKholiday,itproves thatthe school isabunch of 'multicultural leftists". I hadn't heard the term "leftist" sincetheadventoftheMcCarthy eraand I sensed that hereally didnothave a grasp on the truemeaning ofthe word. Instated, I asked himwhatMLKhadtodowithmulticulturalism (I sensed that Jayhadapretty loose gripon that wordas well), since MLX's focus was not on cultural enlightenment. He statedthatMLX day was considered a black holiday, citing as proof theblacks thatwere shown on television celebrating in black churches, etc. He pointed out that most whitepeople believed this. I countered thatthe holidaywas indeed ostensibly celebrated by blacks, not because MLX was black, but because it wasblacks for whomthe curtainofdenialwaslifted. MLX fought for the basic rights ofblacks to justto useatoilet, awater fountain, and to eatat alunch counter-things that no onecan believe (except perhaps our parents) were actually withheld. Hence began thefightforgreatercivilrights—voting, jobs,and living accommodations. However, other groupsof Americans,thenand now, enjoy thebenefitsofMLK'sstruggle: true equality for all in this country. This is the highest of American ideals, and thus it istruly an American holiday. I argued that ifMLX had wonthe rights ofthePolish to finally partake in the very basics ofAmerican life, I am sure that we wouldsee Polish people celebrating inPolish churches as well. Nevertheless,itwouldbeabenefittousall. I wentontofurther state that I could not believethat he was whining like he was because I have had other (I guess he would consider them " white") holidays " shoved downmy throat my entirelifeand 1nevercomplained. Additionally, I haveworked for employers whorefused to honorMLK day. I emphasized thatonce hesteps outsideofthe confines ofschool hewillfind that mostprivate employerswill not recognize MLX day, whilehonoring the othernationalholidays. Certainly, Jaywouldnotaccusethose employersofpursuing a " racist agenda ", nor wouldhecomplain then. I thought he would find some solace in that but instead hiseyesflashedand heshouted,'' youjustwant to punish whitepeople, push the white people down. You'rejustbitter; affirmativeaction, right? Affirmativeaction!!!" Jayused the word affirmativeaction as ifit wasa swearword,butapparently he does notrealize thathe has benefitted from theaffirmative (leftist?) efforts ofthe school to accept older students. Additionally, Jay apparently didnot do anyresearch before assailing the school as''multicultural leftists." He is clearly unaware that a littleover 3 0 years ago blacks were not accepted into the SUNY schools at all—on the basis of race bestqualifiedpersonshouldbehired. Shouldn'tstudentshave alone, regardless ofgradesorotherobjectivequalifications.(lf had an equal opportunity to seek theposition? you don'twantto do yourresearch, justlookat the photoshung It wouldseemthatthereason SB A is spending money on up around the school. Blacks did not suddenly justdecide they an administrative assistant is to have someone available to wanted to go to law school in 1974!) Thus, the so called assist all SBA officers and students. However, when I visitthe ' 'multicultural leftists'' tendency is not in factthefoundation SBA office, the office is oftenclosed or I never see anadminoftheschoo 1.People seemto dismiss recent history as ancient istrativeassistantaround. Whendoesshework,anyway? lam history. In light ofthatbackground, it is only natural that the surealaw student or even twolaw students, could make SBA school would make some commitment of inclusion. That more accessible to addressing studentneeds. Thatmoneycould commitmentincludes studentslike JayKalasnik who, before, have gone into the pockets oflaw students whohave a vested may have beenrejected or shunned due to the mistaken belief ■interest in trying to keep SBA organized. that olderpeople can't learn orbecause ofan antiquated belief Some students may be upsetbecause ofthesecomments, thatheshouldalready be establishedathis age. Lastiy, Jay has but then why should I have to curb my feelings for fear of failed to explain why ' 'multicultural is a negative. What's agree thatthe hiring o fan AdministrativeAssistant shouldhave been an open process and that students should have been included. Others say thatwiththe current goings on in SBA, an outsider shouldhave beenselected so thathe/she would notbe involved in dirty politics. But if SBA hires the wife ofalaw student who also happens to beapersonal friend,thenastudent may as well have been hired. Nepotism, oreven the appearance ofnepotism, should notbeallowed, especially whenitis with ourmoney. No one knew aboutthe jobopening.lamnotawareofher qualifications fortherx)sition,butlthinknoonewoulddisagree that sheshould have gone throughacompetitivehiring process. As always, the �• tr *r % fr-jr* be withitandwhat would its Wouldn'tthat sends out a distress which opposite? signal, scares away other birds. I -agendas? Apparendy not Andwhat ifthey were?There would wrong opposite be antithetical to the true tapestry that makes up the requested verificationofthis information from the' 'vendor be precious little on-campus recruiting left, that's what. In reality, the military is far less culpable than the fabric ofAmerica. Multiculturahsm doesn't mean, as Jay and, afterrepeating my request several times overthe next six infers, "getting the whitepeople back"—it means obtaining months, I gaveup on the "vendor"andresearched the so called Supreme CourtofNV and theLGBLS wouldlead usto believe. knowledge about allpeoples thatmakeupthis potentially great '' controlagent myself. When I located the Environmental TheJAGCorpshasestabUshedanoutstandingrecordofrecruitland of ours. It could only make us more knowledgeable Protection Agency's [EPA] report onthe "control agent" it ing womenand minoritylawyers; the US ArmedForces were citizens. He additionally fails to realize that the school has became clear why Ihad notreceived any informationfrom the the first government institutions toprovide equal opportunity fiscal considerations that private law schools do not. The ' 'vendor.'' The socalled "control agent is identifiedby the and significantauthority to minorities. Likewise, the Armed schoolis notbowing to so-called multiculturalpressures in this EPA as a highly toxic poison and itis classified as arestricted- Forces providemeaningful socialwelfare to many disadvanparticular instance. The school simply doesnothave thefunds use pesticide. It is not available to the general public; in fact, taged Americans by providing employment, housing, medical to observe everyholiday, so why not celebrate theone that, not the E.P.A. requires that a licensed exterminator be hired to care, discipline, training,legal services, education, etc.,after only represents something positive, but is also generally ig- distribute the poison. Applicators must wear protective civilian institutions have failed them miserably. Since WWII, nored outside ofthe confines ofthis ivory tower? Instead, clothing, including long sleeves, gloves, and respirators. The the GIBill ofRights has put many people withno othermeans perhaps the school should raise the tuition to accommodate E.P.A. also requires that the dead birds and uneaten bait be through college, my fatherand fellow students included. Note the incongruity ofthe left-leaning LGBLS seizing Jays'srequest. picked up because this lethalpoison bonds with the soiland is More importantly, we shouldreallybe cautious in ignortoxic to aquatic lifewhencarriedbyrun-offinto bodies ofwater. uponthe military's "Don'tAskDon' tTell"restrictions inwhat ing the positives of our school. It has a firm commitment to Either Mr. Korta had misled me or the vendor/exterminator they want us to belie yeis acivilrights struggle. Not solong ago, addressing public interest concerns, i.e.; battered woman, misled Mr. Korta, because the poison is intended to kill every during the Vietnam War, leftist heterosexuals claimed to be housing, human rights and the environment, among others. birdthat eats it Nonetheless, partofMr.Korta'sdisinformation asserting theircivilrights byfleeing toCanada. Gays (and some Additionally, Ihave seen several nationaltextbookscite many was true; as the birds die a slow and excruciatingly painful impostors) appeared notto notice orcare that theircivil rights ofourprofessors scholarlyworks, including Finley.Steinfeld death, they do sendout a distress signal whichtends to frighten were violatedas theyavailedthemselves ofthe ban onhomoandScales-Trent We should be evenmore cautious in levelling away otherbirds. sexualstoavoid service. Yes, some gays wish to serve, butdoes broad, un-thoughtout,claimsagainstthe law school. Itmaybe The justification givenby Mr. Korta forusingourmoney theLGBLS agendareally concern their,oranyone else's, civil trendy, orprovide some source ofventilationfor our unattained to torture and kill wildlifeis thatbirds pose a health threat to rights? Ms. Gottschalk exclaims that LGBLS is "ecstatic goals. Nevertheless,itisnotsmart Yearsfromnow(orapprox. usby congregating in andaround theair intakeandventilation about winning." Winning what? Military policy remains 6 months) when weare working withnew graduatesfromother systems ofourpoorly designed campusbuildings. The E.P.A. unchanged by the ban. Reading between all the lines, one schools, and find ourselves competing forpromotions orchoice disagrees. In their report, theEPA explicitly states that useof suspects thatdrivingthemilitaryaway from SUNY wasan end assignments, we will have those very same wild comments this poison to controlbirds at public facilities is not considered unto itselfand not, as they allege, a means to ' 'educate.. .and thrown in ourface. The inference will be that our school is to be ofbenefit to public health. However, the university breakdown stereotypes and prjudices." For somemembersof inferior or is offthe beatentrack —anarrow thrownagainst dismisses thealternative ofwire mesh covering air intakes as theLGBLS, could theassertationofrightsbemerelyapretense us from our own mouths. Idon'tthinkthere'sanystudenthere too expensive to install. Apparently the university believes it to mask their political designs and shield themselves from that'snotgratefulthey wereaccepted orwho would notbebitter is cheaper to hire a professional extermination crew to climb criticism? ifthey hadnot been. The mainpointofthis letteris to point out up to those same rooftops 3 to 4 times every year to place the In any case, LGBLS members swing a double-edged that we as law students have aresponsibility, indeed we must poisonand, asperE.P.A.rules, return within24 hours to pick up sword. Someday, if the bugle calls them, they may well be be trained, to think critically. We should not throw words and destroyany uneaten bait. All this ratherthan tohave people burning draftcards instead ofbuilding closets. around, rely on cliches or embrace rhetoric, because using goup onceand install wiremesh. David Krakow, 3L words in suchamanner causes them to lose theirmeaning. We Pigeons are the intended victims ofthe U.B. exterminaI Resign should be particularly careful in citing the boob tube "asan tioncampaign but,according to the E.P.A., non-target species To theEditor: are also in great danger. Even ifthe highly toxic poison is authority. I regret toinform youofmy immediateresignation from Thanks properly applied, E.P.A. studies show thatanywhere from 7% theBoard ofDirectors. I no longer believe thatthe StudentBar Drew Pinkney, 3L to 16%ofthebirdskilledwilIbenon-targetspecies. According serves theinterests ofthestudents ofour law school Association totheEP. A.,migratory birds suchasFinchesare in great danger In Defense Of 'Phil' and thatthis situationwillnotchange before my graduationthis as are Magpies,Red Winged Black Birds, Sparrows, Sparrow To the Editor: May. The dead Hawks, and Quelea. birds I observed wereall nonI found Mr. Urbanski's letter in response to ' 'Phils Charles Greenberg target species. Thegroundsdepartment public safety,and Kirk remarks, in your last issue very disconcerting. The tone was Waible ofthe Environmental Studies Group, have reported Third Year Class Director unsettling, and the languageabhorring withmurmursreminison finding both targetand non-targetdeadbirdsleftuncollected cent ofthe popular literature ofGermany ofthe 19305. campusby the exterminator. Attention AH SBA Having read Phil's remarks regarding the Federalist S.O.L.A.R. urges all concerned students to call, write, Society, I didnotdetectattacks against Mr. Urbanski'sperson. orE mail President Grienerrequesting that this inhumane ForAprilElections: Instead I observed andenjoyed the political humorism that it and wasteful policy be changed. You canreach him at: intended to be. Mr. Urbanski obiterdictumwas anassaultiverelapse of William R. Griener, President common sense. If he aimed to reclaim what he may have 506 Capen Hall perceived to be his tarnished image, his penmanship accomState University ofNew Yorkat Buffalo no plishedthe contrary, andeffectively persuaded me otherwise. Buffalo.New York 14260 I say persuaded, not convinced because I do not know Mr. (716)645-2901 Fax: 645-3728 at Urbanski personally, and since at the moment I sense no desire to, I shall give him the benefit ofa doubt, and the following StevenAid, 3L advice: Kirk Waible 1-Your ownwordscommitted topaper ornot are amore S.O.L.A.R.[Students OfLawfor AnimalRights] powerful tributeand amore tellingtestimonial to yourcharacPresident, Enviromental Studies Group ter thananyone else' s assertionsabout you could ever hope to be. Note to Editor: 2-Thepractice oflaw isa adversarial processpermeated Avitrol's chemical name is 4-aminophyridine. The with daily annoyances and frustrations. While in court,rabid report cited can be found inthe U.B. 's undergraduate E.P.A. rages such as expressed and exhibited by your letter, will library, science andengineering documents,call numberU.S. aUsserveyougreadytothedetrimentofyourprofessionandyour Ay 5. The citedinformationcan be foundonpages 10, no more personal reputation, not to mention the possibility ofa judge EP5.17: 12,15,30,31,and41. obligingyouto spendafew nights in aplace where you would check in yourbelongings andremain in the company of" Big A HollowVictory For LGBLS Baba",whosemodusoperandiwithahighhghter couldprove even more creative than yours. To the Editor: I read withdisappointment the March 8 Opinionfeature 3 -On a lessphilosophical note, Mr. Urbanski, itmay be wise notto submitthatletterasawriting sampletoprospective about the militaryrecruiting ban at SUNY, a Pyrrhic victory or employers. AND.youmay not wantto seeka membership in celebrated by Ms. Gottschalkand the otherhomosexual rights the diplomatic corps, since thatprofession's requirements may activists at the Lesbian, Gay and Bisexual Law Society not be well-suitedto your obvious talents. (LGBLS). Besides assuaging thedelicate sensibilitiesofthe PolitiSincerely, cally Correct, the most practical effect ofthe decision is to RoxanneMarvasti,2L make itevenmore difficultfor fellowstudents to findwork. To a Tell Griener To Stop the Killing pickandchooses who will be allowed torecruit on campus is a luxury UB can ill afford during these recessionary times. To die Editor: Further, the diecision is inequitable and deals only Unfortunately, itis nottheugly architecture at U.B. that a is scaring away the birdsand squirrelsnormally found onmost superficially with employmentdiscrimination. TheUSArmed college campuses. Our tax and tuition dollarsare being used Forces have been unfairly singled outand blacklisted because for dangerouspoisons intended to kill wildlife thatdares to cross they are openabout theirhiring policies. Consider thewelcome SUNY extends to private employers who practice a more the boundaries ofthe sanitized Amherstcampus. or After seeing an occasionaldeadbird on campus but no widescale, secret, and thus morepernicious, formofbias. Mr. live ones, I contacted Jim Korta ofthe University's Facilities Chatarpaul's letter in the same Opinionrefers to Buffalo law ~ Department. Mr. Korta informed me that the university has firms whichshamefully exclude minoritylawyers. It is comcontracted with a' 'vendor who, 3 to4 timesayear, distributes monknowledge thatmany ormost firms, outo f sheerprejudice, an' 'animal control agent - Avitrol[4-aminophyride.] Mr. silently close their doors oncertain types ofapplicants. DisKorta assured methatthis substance is not intended to kill birds, graceful; but is anyone seriosly considering applying antiMonday,April and in most caseswouldmerely disorientthebird. Thebird then discrimination statutes to employers with hidden exclusionary Candidates Candidate Statements and Photos are dueFriday, April 8 later than 5 p.m. The Opinion office. Submissions must be on 3 1/2 inch IBM compatible High Density disks, WordPerfect 5.1. Please limit your statement to than 2 pages, single spaced. The Opinion reserves the right to edit for length all submissions. Photos may be black/white color. The sharper the picture the better. Students who need photo may contact The Opinion to make arrangements for photo session. Submissions may be dropped offinbox76l box 290. The Editor's ofThe Opinion Special Candidates Issue: 11 March 22,1994 The Opinion 7 �The Roaming Photographer byPaul Roalsvig, Editor-in-Chief From the Graduating Editorial Board Members ofThe Opinion: "Hasta La Vista, Baby!" Paul Roalsvig Kevin Collins Sharon Nosenchuck Dan Harris KathyKorbuly Editor-in-Chief ManagingEditor News Editor Photo Editor Art Director MovieReview: Philadelphia: Hollywood's First BattleWith AIDS I bySaultanH. Baptiste, StaffWriter There is no questionihatPhiladelphia is a historic step forHollywood. Thisisthefirst time that mainstream Hollywood has struggled with the sensitive subject of AIDS in such a bold way. The film, based on a true story, revealed to all viewers, some for thefirsttime, the real experiences shared by many people whoare afflicted with this fatal disease. However, listening to the rave reviews frommoviecritics, onewould think thatPhilade/jP/H'awasperfectin every way. Butfromthis writer's perspective, well let's just say the Director could have, and shouldhave, donea betterjob. One ofthe most effective film scenes wastheopening withBruce Springstein' s song "Philadelphia," but after that, the technical side of the movie doesn't stand as strong. Throughout the film youaregivenalotofcut shots and extreme closes ups that were very distracting, especially on the big screen. The directorconstantly puts you beyond the personal space border. I believe the effect was intended to drawthe viewer into the film, but the technique, itself, didn'twork. For example, there is a very important scene whereDenzel Washington, whoplays a # downto earthpersonal injury lawyer,andTom Hanks, who plays a corporate lawyer who becomes afflicted with AIDS, are having a discussionafter aparty in preparation for the next day'strial. Opera is being played in the background asTom Hanks sharesan incredibly moving moment. But the lightingtechniques were sobadthattheredlight effectand almost black screen detracts from the impact. What could have been the perfect moment to bring the audience into heart and mind of these characters was wasted because of the perceived distance between the characters given the director'stechnique. Although the film wasdefinitelymoving, there was one part of the film which received a surprising, and clearly undesired, responsefromseveralmovie goers. Therewere afew groansandsighs from differentsections of the audience. During an intimate family meeting, the actress whoplays the mother of Tom Hank's character, saysto herfamily, "I didn'traise my children to sit in theback ofthe bus.'' After the movie, while in the ' 'After Movie Review Room" (the men's room), one AfricanAmerican movieviewerwas upsetby thestatement Hesaid/Tunderstoodwhatthe writer was tryingtosay, butthecharacter [,who was white] had no historical or cultural per- spective on whichto base her comment. Hollywoodreally pissesme offwhenthey do that." A white patronadded, "Tellmeatwhatpoint in history were white people forced to sit in the backofanything? Itwouldhavebeenberterfor her to have justsaid that she didn'traise her children torunaway fromafight,whichiswhat I believe she meant to say. This just goes to showthe insensitivity ofHollywood writers.'' I surmised that they didn'tlike the statement. It was also evident that the movie's legal counsel was not in the editing room, because the court room scenes were truly "Made for Hollywood." The trial footage jumpedback and forthfromthe plaintiffscase todefenant'scase. Itwould nothavebeenso bad ifthe film did notnote the datebefore each court scene, giving the appearanceof the actual flow ofthe case. Anotherexample was in the welladvertised film clip in which Denzel Washington stands in the courtroom saying, "Let's talk about what this case is really about." You would think it was during an opening statement or summation. No. In the movie, it comes after the judgeasks Denzel to approach the bench to ask him a question, withoutinviting opposing council. Washing- FoodReview: Before Ordering Chinese, ReadThis by Jeffrey Weiss, Staff Writer able level. I fyouare looking for someappetizBuffalo Bills fanatics, Buffalo pizza and ing Chinese Food at a reasonable price the I theBuffalo weathermake me cry out in agony. suggest that you saunter over to either However, there is a new and even greater terror Chinatown orKing's Wong in the near future. NewYork, New York on Niagara Falls sweeping throughWestemNew York:Buffalo Boulevard is the sole member ofthe' 'miserChinese Food. It seems that every American city has able' ' category. While theirfood isdelicious, one tragic flaw. Los Angeleshas earthquakes, they should beembarrassed by theirhighprices, New York has Rush Limbaugh, Newark has minuscule portions and dreadful service. A toxic waste and Buffalo has terribleChinese meal at New York, New York resembles a Food. I implorePresident Clinton to put a stop prison sentence in terms ofdurationand treatto this continuous onslaught against our taste ment. A typical portion at this restaurant is not buds before the casualties begin to pile up. even large enough to satisfy achild' sappetite. insult to injury is the fact that their Adding I decided to sample five typical Chinese are restaurants inBuffalo. These establishments prices quite expensive. Ifyou choose to can be placed into three separate categories: dinehere, expect to leave feeling frustrated, decent, miserableandhorrible. Chinatown in tighter in the wallet and hungry. the Sheridan-Delaware Plazaand King' sWong China King, which is located on the be corner ofMaple Road and North Forest, and in the Sheridan HillsPlaza should classified as "decent". These two restaurants special- Tops International belong in the''horrible" ize in take-out serviceand offer a fullarray of category. These two establishments should pass out stomach pumps instead of fortune tasty and delightful dishes. These establishments shouldbeproudofthe factthat they offer cookies at the end ofeach meal. Not only is exemplary serviceand hearty portions while their foodunfitforhuman consumption,but it keeping their prices at a surprisingly afford- has beenrumored thatanimalright' s groupsare The Opinion March 22,1994 Page 8 ton then goes into along speech in front ofthe jury thatno real judge, oropposing attorney, would have everallowed. Now you may say whatdoesthishaveto dowithmaking amovie? With filmslike TheFirm andJ GoodFewMen, which at least attempted to give a somewhat accurate reflection of the law, I think the averagemoviegoermaynotbewillingtogrant such aremote''willing suspension ofdisbelief ' (or maybeitsjustthe sinofbeing in law school). Asafollowup to themovie, I wasdisappointed to learn that the family on which this moviewas basedare currently contemplating a lawsuit forreceiving no credit in the film. They claim the moviewasbased onnumerous interviewsandlegal documents oftheir son' s court case, yet Hollywood choose not to acknowledge theirhelpand contribution in the making ofthe film. I thinkthis justfurther goes to show thatHollywood stillhasthealmighty dollar as its main interest. No one canquestiontheimportancethat thismoviewihhavemajmpellingHollywood to continue to grapple with the realities of AIDS, but I hope inthe future thatfilmmakers do a better job. It was a good movie, but the subject matter deserved better. |Out andAbout in mVI protesting the possibility ofitbeing served to innocentpets. ChrnaKingandTopsareonly for certain individuals that possess rock solid stomachsandahightolerance forsuffering. If you are a fan of self punishment or want to experience new levels ofmisery, then these places are foryou. I know the situation seems hopeless, but this extremely sad story does have a happy ending. There is one restaurant in Buffalo that willput a smile on even the most fickle Chinese Foodconnoisseur's face. This culinary haven goes by the name of Jasmine and is located onNiagaraFalls Boulevard, Jasmine is a Thai Restaurant, but if you like Chinese Food then you' 11 certainlyenjoyThai cuisine. Simplyput, theirfood is delicious. They only serve the freshest vegetables and offer a vast array ofpoultry, beefand seafood dishes. In addition, Jasmine's atmosphere is extremely relaxing and comfortable, making itan ideal place for that special date. The moral ofthis story is that ify ouare looking foracomfortable restaurant that serves delicious food at affordable prices thenJasmineis foryou. ill If ■*"-** •■"**l �Alumni Focus: Class of '72 Mark G.Farrell, Town ofAmherst Justice ableto facechangesintheprofession. Hehas very busy and challenging." heattributes his heavy caseload to avery efficientpolice force. also been involved with die moot court programand hasbeen instrumental in extending Even so, he does not seem to mind the 25-30 hours he puts in each week. coverage to alumni across the country. When asked whatadvicehewoidd give Thereal character ofMr. Farrell, however, may be apparent with his most current to today's law students he said, "you are undertaking;thatofAmherstTown Justice.As entering the most difficultand challenging if managing a law firm is not enough, Mr. times facing young attorneys. The competiFarrell decided to take on the challenge of a tionis fierce, itisveryimportantthatyouknow lawyers on the take, more ofMark Farrell's local criminalcourt. Concern foryoungpeople from the onset whatarea ofthe law you wish kind are justwhat the doctorordered. and frustration with the limited choices in to pursue." he went on to say that because dealing with youth offenders, Mr. Farrell has FarreH say shis philolosphy on life stems from a deeply held commitment to personal established a task force to search foralternato an and professional excellence in allhis endeavtive ways of rehabilitating and sentencing stance ors. Forhimthatmeansonceyou havecommityouthoffenders. Hesays, "weneed to take an aggressive stance toward the problems in our ted yourselfto anactivity ororganization you shouldseek to improve theperformanceand/or communities.'' Farrell believes we are on the brink o fa very serious problem withviolence reputation oftheorganization or group. In other our and drug use. "We all need to be concerned words,leave itbetter offthanwhen you found MarkG. Farrell, Class of1972 it. Oneonly needreadhis resume to beassured lawyersto its current sizeof8. Farrell specialbecause sooner orlaterthe problem willendup he means just what he says. The five page izes as a defense attorney handling product on ourfrontlaws." In Amherst,where 80% of specialization is the name ofthe game, studocumentreads likeayeUow pages listing of liability cases, medical malpractice and gentheperpetrators are from outside thetown, twonegligence. eral thirds ofthelarcenies arecommitted n by those dentsneed to utilizenot onlytheirundergraducommunity organizations. to a 1972, addition his as responsibilities In funding a drug habit. Farrell sees drug use as ate degrees, but should consider supplementAfter graduating from U.B. in Farrell worked as a law clerk, an associate managing partner in the firm, and hisnew job beingattheheartoftheproblem. "Weneedto ing their education with technical degrees attorneyandas ChiefArea DefenseCounsel for as aTownship judge,Farrell hasalso servedas attack the situation by providing some type of suchas engineering. AuthorMonroe Freedmanonce asked the U.S. Air Force. That stint gave him the past {President ofU.B.s general and law help forsubstance abusers to ensurewe don't you can beagood lawyerand agood associations. WhileAlumniPresident the Farrell whether seethemback in courtroom. "Mr. chancetorunhisownlawofficeattheripeold alumni At leastas far as Mark knows be a to person simultaneously? thiswill toughroe hoe. According age of 25. In 1974 he became the Senior here at the law school, Farrell workedalong Managing Partner ofFarrell &Quackenbush. side Dean Boyer to redesign the law school tohim,"this is apart-time jobwitha full-time Farrell is concerned wecansayunequivocally Under his leadership, the firm grew from 3 curriculum to ensure that students would be workload. I knew going into this itwould be yes! byDiannaL. Ramos, Contributor MarkG.Farrell, a 1972 graduateofU.B. Law School and a newly elected Town of AmherstJustice,is notyouraveragerun ofthe mull, blue suit fast talking attorney. Quitethe contrary, Mr. FarreH appearsto havebeen cut from a slightly different mold. With today public perception of lawyers on a steady decline, and plenty ofprime time jokes about "We need take aggressive toward the problems in communities." MarkFarrell — Circles Unplugged Today'sBenefitFor JournalFeatures 3LocalBands CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri ACROSS 1 Hauler on the 40 Prepared 41 State of S Capacitance unit 10 "I Dream" (1967 hit) 14 Egg order 15 Saudi's 42 Salmon tail? 43 Metallic highway mixture 44 Beau lie? 45 Martin or Miller 48 Quickly, quickly 50 Thoroughfare 56 Sleuthing 16 Football Hall ofFamer Page 17 Jocular Jay "Cielito 18 " 19 Marmalade ingredient 20 Location 23 City on the Brazos 24 Kentucky Derby prize 25 Skewered pooch 57 Sadike cavity 58 Winter Palace resident 60 Proof annotation 61 Nation (1988 film) 62 The Stooges, e.g. 63 Now's partner 64 Gets all worked up 65 Cellar meat 28 Fifteenthcentury explorer contents? DOWN 1 Helios, to the profession? 32 Dick Van Dyke Show Romans actor 2 Green head? 3 Dinner reading 34 Outquip 37 Sandseur i p p P v WKp> Hr; p p Bj BpS p7 31 Mp2 37 38 55 Hit 55 55 55 63 46 47 Greene 39 They're often paid 43 Play the ace? 44 Swiss waterway 45 Overhead 46 Sample the woman 11 Smith, perhaps 12 Twist or stomp 13 Vicuna's habitat 21 Haul in 22 Antler point 25 If* sometimes stolen 26 Adolescent affliction 27 Ringo's responsibility 28 Ms. Guisewiteor her strip 29 Hanker 30 Warrior of 1899 32 Face on the wall sherry 47 Login 48 Piece of property 49 Secretary of commerce: 1969—72 51 Stowe sight 52 Honolulu bowl game 53 She was Joanieon Happy Days 54 Book before Nehemiah 55 Peacock's pride 59 Rubbish ITT 112 li |<o - [a [5 Bns Ht9 3 « ™ 29 35 X 39 HZ2 WKKLv^ 51 LJs7 Hel H&4 52 theCreswter. ... ment. ...Move, continuedfrompage! WF* m ■■■48 Doty Hall onbassand AlConrad on drumsback TheLast Encore For The Dark Marbles This is being billed as the last performanceoftheDark Marbles, as the band membersare going their separate ways. The last Dark Marbles'' 'last performance waslast Thanksgiving atNietzsche's. Yod'sfollowers just will not let theband fadeaway. At thelast performance, wildand deranged groupieswere heard uttering and feverishly chanting Yodis god! Yodis god!" Fans have been known to dance and stumble their way onto the stage, And theBands Played 0n mesmerized with the musical overtures and Headlining this musical extravaganza intoxicated by the exhilarating atmosphere. will be John&Mary. John &Mary consistof Onefemale fan, whokeeps abreastoftheDark the former 10,000 Maniacs guitarist and Marbles, saidthat theway Crewsy playsguitar songwriter JohnLombardo and violinistMary is like he is making love to the guitar and Ramsey. Ramsey hasworked withthe 10,000 everyone is invited to watch and participate. Maniacsandthe GooGoo Dolls. YodCrewsy eagerly looks forward toTuesday, Also playing isTheOriginalHot Cargo ashesaystheband wilTplayan acoustic setand StringBand. Thisbandisabluegrassgroupled he may sing his new song "Crewsyn for a by UB Law Professors James Atleson and Bruisin." The Yodster said that a special David Engel and featuring UBLaw Students drunken appearancemay be made by Butter DanMarcus and Sue Soong. and Squeeze and someone with a vowel in And last and certainly not least, the theirname. A drunkIrishman may be seen in Dark Marbles are making a special appearthecorner. Yodlooked intohis crystal balland ance. This bandhas changed much since its predicted thatno law studentwould be served birth at the Continental Club in 1987. It is withalaw suitat the benefit. So, he says, itis headed by singer/songwriter Yod Crewsy, a safe to attend. sorry UB law student by day and psychedelic Paul Roals vig was unavailable for com- rocker wanna-beby night PatKane on guitar, 30 33 ■p3 45 singer HBHMBI24 23 26 (OH) 35 Akershus Castle site 36 H.S.exam 38 Actress 10 Painted i 21 25 5 Kind of acid 6 Another kind of add 7 Called up 8 The Egg 9 "Drip Drop" His T7 33 Inner, in combinations 34 Mg Si 0,,- product agitation neighbor 31 JackFrost's 4 Smeltery byKevin P. Collins, ManagingEditor Tonight at 8 p.m., the place to be is the Lafayette Tap Room, located in downtown Buffalo at 391 Washington Street. Three local Buffalo bands are donating their servicesfor the ThirdAnnual Benefit for CIRCLES, the Buffalo Women's Journal ofLaw & Social Policy. CIRCLES is a publication of the University ofßuffaloLaw School. Itonlycosts $5 to catch three bands and the proceeds will be donatedto the journal. Mixingand mingling with any of your fellow law students is not required. ■■■ 49 53 54 "B * Ks Hes S^^H 5 " 01993 Crossword Magazine Int For a tree crossword puzzle catalogue, call or write: Crossword Magazine, Inc.. PO Box 909-A. Bellmore, NY 11710 (Sl6) 826-9479 See Page 15 For Answers effortsto regain controlofofficeand classroom space in the building. Headrick said that O'Brian Hall was originally designed and builtforthelawschool, but space and control have gradually been eroded by undergraduate classes. Asaresult, much ofthe space in the building, such as the Moot Court room, is not under law school control. Withthe possibility ofthenew curriculumbeing implemented soon, the law school will beneeding additional space. Theclasses currently usinglaw school space will beforced to find space in other buildings to accommodate them. Whether the changes to O'Brian Hall will be major or simply minor "surface changes" such as painting and recarpeting depends in large part on theresultofasbestos testswhich wereconducted recently to determine how much asbestos is in place in the building and where itis located. If there is not a lot ofasbestos found, majorrenovations could beundertaken; however, ifthe tests showlargeamountsorthat the asbestos is close to the ceilings, any major changes would dislodge theasbestos. No major changes couldbeundertaken soon anyways due to ÜB's recent financial losses. Regardless, whatever changes occur willnot happen foratleast three years with all thered tape that would be involved. Many people failed to hand in their proposals for changes tothelaw school bylast Thursday's deadline. TheSBA will befinalizingits draftproposal at this Wednesday'sSßA meeting. Any students interested inhaving a voice inproposed changes are urged to attend. According to SBA President SaultanBaptiste, this is the first time students have had an opportunity to submit a written proposal and influence theadministration's decision. March 22,1994 The Opinion 9 �Canada Center Reaches Out To TortureVictims SlaffWriter byJoseph Broadbent, OnMarch 8,FionaMenzies of the Canadian Center for the Survivors of Torture spoke about the center's workwith survivors oftorture intheToronto area. TheToronto center, which was the second such center established in the world,isa non-pro fit organizationdesigned to respond to theneedsofsurvivors of torture throughout the worldand to increase public awareness aboutthe wide use oftorture throughout the world. The Centerassists thosewho have been tortured themselves or who have been tortured by being forced to witness others being tor- hired. The Center employs a wide Menzies related that, in the variety ofprofessionals suchasdocpast, torture victims were deported tors, lawyers,andpsychiatrists who backto theircountries forridiculous offer whatever services are needed. reasons where they would likely be The Center also offers English as a killed or subjectedto further torture. second language, which is vital to While the situation has improved, helping the survivorsrelate to others the Center iscurrently advocating to and adjust to their new homes. make it easier for victims to obtain Ms. Menzies spoke about refugee statusandremain in Canada. some ofthe various methodsoftor- The Centeroffers the victimsassisture used to obtain information or tance in their preparation for hearconfessions from victims such as ings to obtain refugee status. The physical and mental torture, social press is prohibited from coming into isolation, rape, and being forced to the Center inorder topreserve confiwatch the torture or execution of dentiality and because the victims familyandfriends. Theconsequences are still afraid that their torturers to the victims include alcoholism, will find them. guilt, and suicide. SincetheCenter opened, other TheWomen Behind theWomen's Law Center Fiona Menzies ofthe Canadian Centerforthe Survivaloj'Torture centers have sprung up across the torture in Bosniaand throughout the U.S.andCanada. Menzies expressed world. Currently, the Center is acherbeliefthatthe press hasn't accu- tive in ensuring that aid gets to the rately reflected the prevalence of victims in Bosnia. Computer Stolen From P.A.D. Office Acomputerwasrerx>rted stolenyesterdayrrom the Interest Law and PhiAlpha Delta(room 725). * Journalmembers saidthe computer wasa Gateway 2000and Lexistenninalwerestolen sometime between Thursdayafternoon and yesterday. Journalmembers had previously expressed concern about the security ofthe office, noting the manykeys to the office floating around the school. Any informationconcerning the theft should bereported to Public Safety. ...Death Row, continuedfrompage 3 ' 'After the notice of appeal was filed, thelawyersreceived anotice for an expedited to by the state ofTexas in thatregard. briefing schedule and argument. Briefs were ' 'Theconstirutionalrightsofpeople due in early December. Thecriminal court of sentenced to death in Texas have really been appeals then decided, however, on its own whittled away to a greatextent. There isn'ta motion toreconsider themotions ofthestate in mechanism in Texasrightnow tomakeup for Grahamand Drew to questionwhetherthecivil that. In other words, Herrera was wrongly courts haveany jurisdiction to heartheDrew decided. TheßoardofPardonsandParoleisn't petition. "The state argued the procedure that a failsafe against the execution of innocent people. TheyhavetakenthepositionpubUcly, wasafforded Drew and Graham inthe criminal inresponse to our case, thatthey don' thave to courts wasadequate and the result was just. giveanyoneahearing. Ever. Iftlieydon'tgive Wewere ordered to stayall appellateproceedaguy like Drew a hearing, who are they going ings inDrgw untilthe criminal courts finishes tohear? This evidence is pretty alarming and hearing itsownmotion. That'swherethecase they're going to havehis blood on theirhands currently stands." Jackson said he's notan expert on the if they kill himin the interim. ' T think what'slikely is thatone ofthese deathpenalty,he's justfamiliar withthecase deathrow cases win end upbetorethe Supreme ofRobert Drew. He said, however, that his CourtagainonttiepremiseHerrerawas wrongly beliefthat thedeathpenalty is wronghasbeen decided,'' Jacksonadded. affirmed by his experience withDrew' s case. "Therearea lotofinmates on deathrow, Based on the courts decision in Herrera. Jackson fileda petition to theTexasBoard of people accused ofcapital crimes who don't Pardons and Paroleseeking ahearing beforea haveanymoney,"Jacksonsaid "Drewdoesn't neutraladjudicatory body whereDrew could He'sjustluckyenoughtohavecounsel thatare have theopportunity to presentevidence, cross- willing to workhardfor him. That'soneofthe examine witnesses and have thenew evidence thingsaboutthe death penalty thatmakes it so heardbysomeonepriortothetimehewastobe unjust. Ifyoudon'thaveanymoney and you're executed. In addition, the petitionasked that not lucky enough to havepeople whoarewillhis sentence be commuted to life. In the state ing to workhard for you, eitherbecause they ofTexas, the governor cannot commute the believe inyour cause or because they oppose sentence o faprisoner withoutarecommendathe death penalty, thenit's real easy torailroad tionfrom the Board ofPardonsand Parole. somebody into death. Drewundoubtedlywould Jackson said,''itwas filed in September have been killed on the 14th ofOctober for and hewas scheduled to be executed October example ifhedidn'thaveus working forhim. 14,1992. Astheclockkeptticking, itbecame ' T thinkthat'ssomething that underlies clear what the state was going to do: they just Blackmun' s disgustwiththedeathpenalty and weren't going to answer ituntilthe last minuie hisrecentvociferousstatementagainst it pubandnot giveus the opportunity.'' licly. Thatitjustcan'tbe fairly applied partly Jackson wentto civil courtand suedthe because ofclassism, partly because ofracism Board ofPardonsandParole onthepremise that and forotherreasons," Jacksonadded. executionofDrewwithout an opportunityfor ' 'This kind oflaw is stuffthat Iknew I a hearing would deprive him of his Texas alwayswantedto do.There areplenty ofpeople constitutional rights. The method had been whoare willing to do the kinds ofthings that used successfully by another prisoner in the peoplewillpaylotsofmoney for. Therearen't matter ofGraham v. TexasBoard ofPardons as many people whoare willing to do things for free forpeople whose constitutionalrights are and Parolees, et al. The civil courtrejected the appeal two on the line and those are some ofthe most days before Drew wastobeexecuted. Jackson important cases there are. Because those saidhe had to rush to get final notice and get a cases, ifthe constitutional defects are allowed stay pending theappeal. He said,' 'when the to be used as a premise fora bogus conviction intermediate civil court in Texas, the 3rd or capital punishment, then, in a way those Circuit court of Appeals granted our stay to things have a way to becomelaw over aperiod protect the subject matter ofits jurisdiction, oftime," Jackson concluded. According to the NAACP Legal Denamely Drew's life, the state appealed to the which is a fense higher Fund, Texas is the state thathas executed criminal court of appeals 1,1973. The themostindividualssinceJanuary court for criminal matters in Texas. * has to death, put civil Lone Star State 62 people court) "The state said they (the the case whichis over 29 ofthe 210 individuals percent away didn't have the right to take because itwas decided in criminal courts that who have been executed. By comparison, he was guilty and should be executed. The Florida has executed 31 prisoners (15%) and criminal court adopted await-and-see attitude Louisiana has executed 21 prisoners (10%) in tion of a possibly innocent person. Jackson continued,' T thinkthe SupremeCourt waslied (L to R): Suzanne Tomkins, BonnieButler 3L, JuliaHall IL, andKathyßimardiscussing the new Women 'sLaw Center, a non-profit legalorganization in downtown Buffalo. The mission ofthe Center is to provide legal services to working women and survivors of family violence. _^_^__ —____ Earthquake Canada's Political dubiousdistinction. Although the opposition is by Sharon Nosenchuck, News Editor On Friday, March 18, at the InternationalInstitute,Lawrence LeDuc, Professor of Political Science at theUniversity ofToronto, discussed the recent Canadian Federal electionand itsaftereffects. Mr. LeDuc's presentation, entitled "Canada's Political Earthquake(Andlt'sAftershocks): AnAnarysisof the 1993Federal Election,'' was sponsoredby theLaw School's Canada-US Legal Studies Centre. Mr. LeDuc, who, inaddition tohisacademic credentials, is apolitical commentator on Radio Canada International, the CBC, and the BBC, used theanalogy ofanearthquaketo describe the political landscape in Canada after theLiberal Party's landslide in the 1993 elections. Mr. LeDuc said that, similar to an earthquake, the electionredistributed thepoliticallandscape in Canada, rather than completely obliterating the past political land- not veryrx)werfulinCanada,Mr. LeDucpointed outthe anomaly ofaseparatist party servingas the official opposition in Parliament. The Reform Party, with its support mostly inwesternCanada, received 19% ofthe vote,winning 52 seats. And the New Democratic Party (NDP)received the votes ofameager 7%(nine seats) of the electorate, according to Mr. LeDuc's statistics. Mr. LeDuc's theory is that the campaign was a disaster for the PC Party, in part, because so many senior members bailed out after the resignation of Brian Mulroney as Prime Minister. This leftKim Campbell, who replaced Mulroney as leader ofthe party and PrimeMinister, to win theelection onher own, which is very hard to do in a Parliamentary system, contendedMr.LeDuc. Using graphs, Mr. LeDuc illustratedhowpublicopinionpolls showed thatthepopularity ofthePC increased scape. as soonas Mr. Mulroney resigned, but never The voters in Canada's 1993 federal wentup very much after that, evenwhenMs. election threw outtheruling party, the Progres- Campbell assumed theleadership oftheparty. siveConservatives (PC), replacing themwith Mr.Mulroney wasso unpopular, declaredMr. members ofthe Liberal Party. Canada has a LeDuc, that he "plumb[ed] new depths of parliamentary system, unlike the presidential discontent," and was one ofCanada's most system ofthe United States. ThePrime Minunpopular Prime Ministers. ister is not directly elected, but comes into Theseats thatthePC lost in Parliament powerbased on thenumberofseats in Parliadid not allgo to theLiberals, as 52%ofReform ment thatmembersofthe party win,whilethe votes came from dissatisfiedPC membersand leader ofthe party becomes Prime Minister. 53% ofthe vote that the Bloc received were Five parties participated in Canada's 1993 fromunhappymembersofthePC. Bothofthese federal election. parties have an uncertain future in national Mr.LeDuc told the large audience at politics, contended Mr. LeDuc. The Reform Party will lose the momentum ithad duringthe the International Institute the astounding results ofthis election. With41 % ofthevote, said past election, Mr. LeDuc informed theaudihe, theLiberal Party won 177 seats in Parlia- ence. ment. He noted thatthe PC Party, the former The future ofthe Canadian federation is majority party, received 16% ofthe vote na- likely to stay atthe top ofthe politicalagenda, tionwide, but this resulted in only two seats, regardless ofwhat happens withrespect to the party system, forecasted Mr. LeDuc. He feels because of Canada's electoral system. At first there was a toss-up as to that the future of the Bloc is bound up in provincial, not federalpolitics. And, he thinks which party would becomethe official opposition,but in the end, theBloc Quebecois (BQ), that the separatists in Quebec will not beable with 14%ofthe vote and 54 seats, won this 10 The Opinion ... Canada, continuedonpage 11 March 22,1994 as they had in Graham. the same time span. �...Council, continuedfrom page 1 Jessup Team Excels in Detroit The Student Representative has votingpower. Q: Do you favorany ofthe candidates? The Council' sposition withinthe University system is one ofthemost powerful positions at the University and oneofthe most important. Its duties encompass the whole University regarding such things as: rules, regulations, policies, facilities use and management, the hiring and firing ofthePresident, investigations, the naming offacilities (all enumerated under NY Education Law §356). A: Atthis time, and giventheavailable information, I will be officially endorsing Mr. Chris Castello. Q: What are some ofthethings you havedone as University Council board member? A: Well, I personally investigated the con- tracts of several part-time instructors at the Q: What Council decisions affect us hereat the undergraduate level in theSchool o fManage- UBLaw School? > by Charles Greenberg, Contributor TheJessupTeam,madeupofMichael Hueston,Brian Mercer, NoelleKowalczyk and Charles Greenberg, recently argued points ofinternational law before the "International Court of Justice," which was holding a specialsession in DetroitonFebruary26,l994. menL I wantedto determinewhatwere thenon- contract renewal practices were at the School ofManagement, and to make sure they were A: Some examples have been: O'Brian Hall space and use, the budget presentation to Albany for University use,and gradingpolicies. Q: Who are this year's candidates? A: ChrisCastello, ColleenO'NealandMichael Pierce. Q: What are the strengths ofthevariouscandi- dates? And where can we learn more about them? A: To startoffwith,I tli ink thatChris Castello has alot ofthestrengths thatare necessary for the position, suchas investigative abilities and self-guidance. He is action-oriented, willing , fair. These were issues thathad beenraised by some ofthestudentsthere. Bruce Isselbaecher, University Council Rep to takechances, very wellinformed, andaware ofthe Big Picture. CoUeenO'Neal'sstrengths (from what she has written —I haven't been personally in contactwith her)isthatsheworks under theDirectorofResidence Life and may know some oftheissues in residence life that need to beaddressed. Another strength is her goalto bea Dean ofStudents(which shows that she cares). MichaelPierce' sstrengths are that he's consistent, persistent,and lively. He was once on the University Council in 1978. Q: Whatlaw school issues or disputes have come upbefore the University Council while you have been a member? A: The only law-school related issue thathas come up to theCouncilhas been the issue ofthe identity of the Law School, with proposals ranging from getting a sign put identifying O'Brian Hall as the SUNY at Buffalo Law School and/or getting separate facilities constructed in the future oraseparate building on campus. ...Canada, continuedfrompagelO to get thevotes needed duringthe nextQuebec referendum forprovincial independence from Canada. While2 5%ofthepopulation ofQuebec is separatist, Mr. LeDuc predicts that it will be tough for the separatists to get the needed 50% ofthe electorateto vote' 'yes for separatism. Mr. LeDuc's conclusionisthatthe Progressive Conservatives will slowly rebuild, rising from the ashes to eventually become, onceagain,amajorplayeronCanada'spolitical firmament. Mr. LeDuc' sresearch concentrates on Canadian andcomparative politicalbehavior and political parties and elections. In addition to beingaprolific writer, Mr. LeDuc hasbeen co-investigator on a number ofnational and local election survey projects. He has coauthoredHijwVQtejsChange(l 990),PoHtieaJ Choice in Canada(1979,1980), and Absent Mandate(1984,1991), inaddition to articles in journalsaround the world. Thepresentation wasco-sponsored by theBuffalo CouncilonWorld Affairsand the InternationalInstituteofßuffalo. StudentTravelers Beware As college students prepare to travel abroadduring springbreakand duringthesummer months, the U.S. Department of State Bureau ofConsular Affairshas issued some warnings that every student should keep in mind. In 1993,m0rethan2,sooAmericancitizens werearrestedwhileabroad. Almost 1,000 ofthosearrested were held on chargesofusing orpossessing drugs. Increasingly foreigncountriesare intensifying their efforts to curtail drug use and students spending timeabroadare frequently unaware oftheramifications oftheir actions. Once students leave American soil, they no longer are protected by the U. S. Constitution and are instead judgedaccording to thelaws of the country in which they are arrested. While U.S. consular officers can visit jailed Americans to see that they are being Pledge! treatedfairlyandhumanely treated, they cannotgetthemoutofjailorinterveneinaforeign country's legal system on theirbehalf. Students are warned not to carry anything across boardersand be wary ofindividualswho request themto carry packages.Ifthey, must carry drugs for medical purposes, they shouldcarry a doctor'scertificateattesting to thatfact and shouldkeep everything inoriginal andlabeledcontainers. Hueston and Greenberg argued intwo sessions thatthe Court should find thatithad jurisdictionoverthematter, broughtby the fictional countries of"Freedonia'' against "Balboa,'' and thatBalboa had treated its refugee population poorlyand allowed itto travel to Freedonia. Mercerand Kowaczyk, in two differentsessions, argued the oppositeposition on behalfofBalboa. The team did well, tying for third place in tliecompetition. Mercer, whocame in fourth inafieldofaboutsixty competitors from fourteen law schools, was awarded best oralis!. Kowaczyk ranked sixthand just missed a best oralist awardby asmattering ofpoints. Huestonand Greenberg ranked eighteenth and thirty-sixth,respectively. In addition to this, the Team came within a single point of winning a best memorial (brief) award. Over-aIL the Team, coordinatedby ChristaBowden, was satisfiedwith theresults. The Teamalso had occasion to take They stayed in the Renaissance Center, whichis reputed to he the third tallest hotel in the world, and, on the first night, ate in a fine Italian restaurant. The second night, the Team ate in Carl's Chop House, a famous steakplace. Finally, some Team members ate in a revolving buffeton Sundaymorning. In addition to this, the Team rode onthe people mover,touredGreektown,and shoppedina dutyfree. in the local culture when in Detroit, Overaliitwasavery enjoyable experience for all. JoeAntonecchia Memorial Internship Established to advocating on behalf Association and the Latin American Law Students Association have established the United Farm WorkersInternship. Theinternship is open tofirstand second-year law students. One studentwillbe chosen toworkwiththeUFWm(3altforruaontoborandimmigra^ workers for ten weeks funded at $ 3,000. The studentwillreceivedirect trainingandassistance from theUFW legal departmentand will workonclient intake, immigration matters, interviewingand preparing witnesses, AgriculturalLabor Relations Board administrative proceedings, writing legalresearch memorandums, and much more. Thestudentwillbeprovidedroomand board at unionheadquarters and $ 10/week spending money. Interested students shouldsubmitaresume and coverletter to eitherKevinCollins (Box 630) orMariaGonzalez (Box 400)by 5:00 p.m. March2l. Applicantsmust be committed to nonviolence, public action, voluntarism,and socialjustice; the cover letter must indicate how the student iscommitted to the principles and why s/he is interested in the internship. Fluency in Spanish and a background in labor or boycott activities are pluses, but are not required. Applications will bereviewed by a committee who will select students to be interviewed via phone by the UFW. The recipient ofthe internship will beannounced at the Students ofColor Recognition Dinner on April 14. Law Students InvitedTo Law studentsare invited to attend the secondannual law-media seminar, "Law for Journalists/Journalism for Lawyers," presented by the Bar Association of Erie County BPILP solicitedpledges for its summer internshipprogram last weekinfront ofthe Law Library. (L to R): JoeBelluck, Les Machado, Mo Olives andBryceßaird. and the Greater Buffalo Chapterofthe Society ofProfessionalJournalists. The seminar will beheld on Saturday, April23 from 8:30 a.m. 12:15 p.m. at the Radisson Hotel in Cheektowaga. Local lawyers and journalists will discussmedia coverage ofthe criminaljustice system in two separate panels: "Covering Crime Stories: Breaking News and Court Cases,'' featuring speakers who workwithin the criminal justice system, and "Ontario's Bar's Law-Media Seminar Paul Tease Case: The Fair Trial-Free Press Controversy," featuring speakers from The Buffalo News and news directors from local network affiliates. Registration is $10 for college studentswithID and $ 1 5 forjournalists and attorneys. Toregister orformore information, call theBar Association at 852-8687 before April 21. "Congress shallmake no law... abridging thefreedom ofspeech, or ofthepress..." TheFirst Amendment - March 22,1994 — The Opinion 11 �CrmmrHtar)"nwimm)U A Stranger theDoor At volved in the politics ofthe recall election. Recalling Professor Olsen's Civil Procedure lectures, I thought about dodging the process serverbut changedmy mind, knowing that I had donenothing wrong. I accepted the summons when itcameabout2ominutes later. daynight. not At Dave Nemeroffs house, the phone Had the lights gone out in O'Brian it Hall Wednesday, might have been easy rang several times but each timehe orhiswife money for the process server sinceall ofthe answered, there was silence on the otherend. Theprocess server arrived soon after. respondents in the matter ofBaptiste v. StudentBar Association were scheduled to beat The process server waitedin a carparked WhenPaul inthedarknearPaulßeyer'shouse. HowtheSßAmeetingatsp.m. Wednesday. arrived home around the stranger ofthepower most did 10pm, outage, ever, inthe chaos not show. emerged from thedarkand servedPaul in his Sue Etu was the only namedrespondent driveway. Meanwhile, Saultan was desperately at the meeting room at 5 p.m. Saultan was there too. A strangewoman came to the door trying to find SBA Treasurer and respondent and signalled to Saultan. Immediately after, Marc Panepinto. He confronted SBA class a second stranger came in, went up to Sue, directorChristinHorsleyand toldher therewas an emergencyregarding the SBAbudget over identifiedherand servedherprocess. At5:30p.m.,1wasnapping onmy couch at Sub Board I and itwas essential that she tell enjoying thefreeday'' fatehad providedwith him where Marc was. She wanted to help theO'Brianpoweroutage. Thephonerang. It Saultan butdidn'tknow Marc's whereabouts. was Saultan. Saultan expressed his concern Marc had left early Wednesday afterthat I was not at the meeting, noting that I noon foramootcourtcompetitioninNew York. usually lefta note in the SBA office ifI was Saultan calledßobinLeve, the wifeofMarc's even going to be late to a meeting. I told mootcourtpartner andasked where Marcwas Saultan that Iwas allright and apologized for staying in New York. She didn'tknow. IfMarc thinking thatthe meetingwascanceled. Atthe hadbeen served in time, hewould have hadto leave the competition in order to bein court at aGroup Legal Services attorney in theStudent time, I was touched because he seemed concerned about my health. A half hourlater, a 9:3oFriday morning. Fortunately forhim,he Union. By Friday at 10:45am, the wholething wasnot served. wasover. Althoughl'dratherhavebeendoing burly process server wasatmy door. For the four ofusthat were served, the Actually, after Saultan called but before the serverarrived,l wastippedoffby Sue next day and a half were hectic. I stayed up ...Enemies, con tinuedfrompage 5 whocalledmeaftershegothers. Wewereboth nearly all night Wednesday drafting a legal the three ofusandAri anda couple ofothers shocked and, frankly,very anxiousabout the memorandum to an attorney Ihad notyethired, lawsuit. We had to be in court in less than 40 explaining the whole affair and defending would hang outtogether at Hillel, there was hoursandwehad no idea whatitall meant or myselfin great detail on all the parts inthe 30someone else whom we didn'tcare for. That even where we'd find counsel in so short a -page petition where I was mentioned. On otherperson wasthe one who wasthe subject time. Besides,both ofushadremained neutral Thursday,we scrambledto find legalrepresenofall ourjokes. Werallied together around in the SBA infighting and neither were in- tation. At I:3opm Thursday, wefirstmetwith ourmutual dislike ofhim. Ericwaspartofour group... up untilthe other guy graduated. You seethis type ofthingall thetime. s continuedfrompage 5 Duringthe early summerof 1990,Roseanne wetry to remove thesplinter from ourneighbors ravaging, greedy, power hungry,proud, murArnold turned offthe nation when she did dering, self-serving, self destructive, every eye. In otherwords, work on your major defisomething snip idwhile singing thenational ciencies before you focus on other people's anthem. She became someone to hate. One age, looks like everybody, entity called hufaults orworseyetblamethem foryours. Germankind. company was making dartboard posters of I'mnotsaying that anyone iscompletely many wasdownand out, butinstead oftrying to her. TheystoppedproductionwhenOperation Desert Storm began, and Saddam Hussein evil(although some ofus seem to come pretty help themselvesbecome better,they toldthemclose). What I am saying is that in order to selves theywere great and itwasthe otherguy's replaced Roseanne as the national villain. separate ourselvesfrom the greater (andmore evil that was causing all their trouble. Then everyonerallied around their mutual Even when we stop blaming the other dislikeofSaddam. scary) truth oftheHolocaust we justblame it on the Germans. It is much easier to say that guy, we stillrefuse to look at ourselves. One of In fact Saddam wasvery helpfulto the leftalone and underthe right circumstances the problems with our culture is this "your U.S. Forawar.OperationDesertStormlasted the Germans canbereduced tomonsters, than okay-I'm okay" approach to improved self avery,veryshorttime. But in that period, the itis to faceup to thefact thatthe holocaustwas image. Instead ofteaching people they can United States gained a sense ofpatriotism that shehad not had since the Viet Nam war. just oneofthe more blatantmanifestations of improve and giving them the tools to doit, we the evil in all ofus. Stores couldn'tkeepenough pinsandt-shirts just teach them to lower their "too high" The world spends so much timeand standards untilwherethey 're at isabove those oftheAmericanflag in stock. Allofasudden money trying to protect ourselves from each standards. Of course, the question of what bemgaveteranbecamerespectful and heroic. other.Theworldabounds withlaws protecting "improve" meansisopen for debate. Itisgood This isnotatalluncommon when there isawar. Infactmostpresidentsareatthetop rights and punishing people who violate those to always be content withwhereyou're at, but ofthe popularity polls right after a war. An rights. Maybe, instead of putting so much never be satisfied to stay there. Itis okay to be stagnant long fora whileas as it's lace to rest enemyofthecountry givesthepeopleareason ap emphasisontheotherguy.weshouldputmore energy into trying to contain the Hitler in and not a final destination. This might sound tobond together forone cause. ourselves! After all, we are all in the most like perfectionism, but thereare major differBringing the issue to ÜB, I am reminded ofan incident thatoccurreda couple powerful position to protect ourselves and ences. Perfectionism is the position that you ofyearsago. A controversial speaker was othersfrom our own hitlerish tendencies. As coming to ÜB. A group I was in rallied to hardas it might be to quit smoking, it would are orcan be perfect. What I am preaching is still take less energyandresources (even inthe acceptance that we all need a lot ofwork and protest him. People who didn't normally aggregate), than what society would have to we will never be perfect, but we should be interact gottogetherfordaysand daystoplan expend in order to outlaw smokingand then helping eachother to help ourselves withthose theprotest Oneeveningwhichwaspafticuenforceit Ifyou don't think smoking in your imperfections. Germany neitherloweredtheir larly "bonding" was when aradical group ownhome could everbeoutlawed(you'reonry standards norworked to actually attain them. started talking about using violentand illegal measures to stop the speaker. Weallbecame harming yourself you might say), justtake a Instead, they took the supremacist-''l'mallook at the seatbelt laws. It is easier and ready great, you are garbage, and the only one in our adamant view that we could not allow this radical group to take it that far. cheaper forme to get freecounseling ifI have reason I'm not doing better is that I haven't this uncontrollable urge to stealorkill than to taken out the garbage yet' '-approach. Justas we were one ofthe groupsprospend thousands ofdollars on enforcement Therewasa heated debate in myAdmintestingagainst the speaker,there were groups trying to catch and then prosecute me, not to istrativeLaw classabout whetherMohammed protesting on his behalf. For weeks, Xhe. mention the freedom weall lose having to be should be allowed to preach his own brand of Spectrumwas filled witharticlesbothforand anxiousall thetimeabout ourpossessionsand evil hatred. Someone thought itmight evenbe against him. Signs wereposted amidst the safety. Despite therecentaccusauons.Michael dangerous to let peoplelisten andlikened itto campus, bothpositive and negative, aboutthe Jackson's "man in the mirror" carriesapowthe Nazi regime recruiting on college camspeaker. erful message: "ifyouwanttomaketheworld puses. Until we are ready to accept our own Eventually thespeaker cameand went a better place takea look at yourselfand make potentialforevil,the cvil whoseconsequences Afterhe left,members ofmy groupwentback we spendalifetime trying to stay faraway from to not speaking to each other. Without an achange"! In the Bible it tells us that we should will bea Jo!closer than we think! enemyto bond us, wehad nothing in common. remove thetree trunkfrom ourown eyebefore I suspectthe sametiling occurred in the other ByBenjamin Dwyer MostU.B.Law students havenothadto think of service ofprocess since their Civil Procedure exam. But four ofus got an unexpected real-lifereview session last Wednes- ...Schindler List, - 12 The Opinion March 22,1994 anything otherthan deal with this those two days, in retrospect, it was actually a valuable educational experience. groups. Inmanyways.thelawyer/politician's purposeistogetustorallyaroundacause. It doesn'tmatterwhichsidewe'reon;the point is that we're on a side. To bring the issuehomejustlookatthe SBA scandal. Many people hateSaultan and want him ousted; many feel the opposite. Each issue of The Opinion is filled with lettersboth for and againsthim. Ever since the scandal startedithas been amajor topic ofconversanon. Asmuchaspeopleclaimthe scandalhas killed student interest in the SBA, I disagree. I've never seenpeople so interested inwhathappens. Asaresultofthe major questionas to what is legal within the SBA constitution some studentsare actively trying to form an independent judicial committee, whose main purpose wouldbe interpretation oftheSBA constitution. This probably wouldnothavehappened ifthe controversy hadnotcreated suchneed. Whateveryoumay think ofSaultan or Paul and Mark, bothpositive and negative, an independent judicial committee will beaverypositiveresultofthe whole matter. Another benefit ofthe wholemess has been thatstudents are no wstarting to question thepurposeoftheSßA. Rightnowthe SBA islookeduponverydisfavorabry. However, students are now trying to redefine itspurpose. ThepurposeoflheSßAissomefhingthe candidates for next year's Executive Board will have to concentrate on. When the elections happen, students willbetaking acloser look at whatthe candidates believe theirjob is,andhowthey' 11 goabout doingit Hence, thescandal has generated interest in the SBA, rather thanapathy. In many ways it's sadthat to get anything done,tohaveanysenseofunity, we need an enemy to uniteus. However itdoes work. I began this commentary by talking about three students wholive together, Mark, Ari, and Eric. Ari and Mark felt thattheir unity against Eric helped to keep them together. Recently Eric announced thatwhenthe lease ends hewill be movingaway from the other two. HopefullyMarkand Ari will beable to keep their sense ofunity, despite not having an opponent. Similarly, I hope that students here at UBLaw School willkeeptheir interest in the SBA, despitegraduationsand elections bringing an end to the controversy. However, ifmylatter hope failsto material- �...No Recall, continuedfrompage 1 taking any future actions or sanctionsagainst him, JudgeFlaherty again said thecourt hadno authority to stop the Board from taking any actions it deemed necessary, as long as those actions were in accordance with the SBA Constitution. In order to decide on the merits ofthe case, Judge Flaherty had to find thatthe court had jurisdiction to hear the case. Neubeck challenged the court's jurisdictiononthegrounds thatthe SBAisaprivate, voluntary organization. Shecited several cases holding thatthe courtlacked jurisdiction over the internal decisionsofprivate organizations. In his rebuttal, Brown argued that the SBA wasnotaprivate, unincorporated organization which would be beyond the court's jurisdiction, but was, in fact, a public organization established by the State University of NewYork atBuffalo, whichis a public university established by the state. He argued that since the SB A operates onmandatory student fees or "taxes'', it functions asaquasi-governmental body and its decisions are, therefore, subject toreview by the courts. JudgeFlahertywaspersuadedby Brown's argument that since the student fees were mandatory, the SBA wasnotavoluntary organization. Oncehefound jurisdiction over the SBA, 1 I ■ I Judge Flaherty saidhedidn'thaveto reach the were needed. due process question to decide the matter. When Neubeck argued that the Board He held that the SBA Board violated acted properly in trying toresolve the dispute theirconstitution by not adhering tothe recall as to what was meant by the ' 'general elec- requirements stated in the SBA Constitution. According to Article 7, section 2 ofthe SBA Constitution,' 'the petitionmustcontain the signatures ofregular members equal in number to 50 percent ofthe vote at the last general election." Board members disagreed onwhat constituted a "general election". Some Board members thought thelast general electionwas last semester'sspecial electionfor secretary/ parliamentarian. Since approximately 200 votes were cast in that election, only 100 signatures would havebeen needed to force a recall vote. Other Boardmembers saidthe "general election clauserefers to last year's general election. Sinceapproximately4sovoteswere cast in that election, at least 225 signatures wouldbe required for a recallelection. Under this interpretation, the originalpetition, which was presented at theFeb. 2 SBA meeting and contained only 115 signatures, would be invalid. Aftertwice voting to a draw in attempting to resolve this issue, the Board compromised and decided that 75 more signatures tion' ' clause, JudgeFlaherty bluntlyresponded, "Iknow whatitmeans," holding thatthelast general election was the electionheld inApril 1993. JudgeFlaherty added: ' 'The students shouldreadtheirconstitution.'' Baptiste was pleased with the judge's decision. "I've said all along that the way in which the SBA has been handling this situation is wrong," he said. ' 'These students were so hell bent on pushing a recall that they were willing to break the law to do it.'' Those named in the complaint were upset that the issue was taken to court at all. "The craziest thingabout thelawsuitis how ithurtpeople whohaveremained neutral and above politics throughout this wholeaffair, "saidDwyer. "From the verybeginning, Sue Etuand I have been completely objective and have not taken sides. For Saultan [Baptiste] to have dragged us into court showshis disregardforpeople whohave donetheirbest to give him a fair shake.'' Although Beyer wasdisappointed with the judge's decision, he highlighted whatthe BAR REVIEW ,**■»*. im ■ a I I | Persopali edComputefSoftware | I I I Immediate review of key bar exam principles I diagnostic feedback in 30+ MBE sub areas 1 I ■ W Customize your program by adding personal notes I I Two test modes double your study options J l^^ I 8 I judge decided not to do. "The fiduciary sanctions are still in effectand the investigative committee's findings critical ofthe president' sconduct are still valid," said Beyer,adding that" ifthe students wish, we simply need to get22 5 valid signatures to pursue arecall.'' ...ABA, continued frompage 3 The team said that the space problem will be noted in their report and that they have spoken withvarious law school and university administrators aboutthis problem. Another healed topic ofdebateamong the crowd was whether the Law School shouldbemoveddowntownorwhether the Law School should justtake the building back for onlyLaw Schooluses. The team asked theaudience about the interest ofthe faculty(or non-interest) to prepare competent lawyers to practice law. Theresponse ofone student was that a cornpetehtßeiearch md Writingfli&W) program isneeded to produce competent lawyers andtheadministration does notput enough emphasis on this. Another stated that the school doesn't have the money to devotemore resources to the R&W program, while a third felt that students are poorh/preparedfor R&W. In response to the team question, one student stated thatthere was no cohesion among the faculty as to what they see as their mission. Other comments included the idea thattheschoolneedsmore focus on legal ethics, and the declaration by one audience member who felt thatmuch had been learned in the R&W Program and that it was good preparation for success after graduation. Theadvice ofonelawstudent isthat you must go afterthe experience youwant at the Law School. Trying toendonahigh note, theteam asked audience members to comment on good thingsat theLaw School.Praisedwere the trialtechnique program and the theoretical backgroundreceived at UB thatwill standlaw students in goodstead in thelong run. Also notedbyamemberoftheaudience wasthe v ibrancyofthe Law School and its many student-run organization, and, that space and faculty support werenecessary to maintainthese organizations. Other positive things cited by studentsincluded that the Law School has a very supportive atmosphere, the learning processisnotsubduedby competitiveness, and the school has a good atmosphere for learning. Several students praised the Law School forits diversestudentbody, describing itas' 'heterogeneous and containing those ofmany different economic backgroundsand those who have gained some life experiences before enteringlaw school. However, a teammember commentedthat whenhelooks at thestudent body, itdoesnot seem to be very diverse with respect to race orethnicity. It was requested that the team's rebe port a tool thattheLaw Schoolcoulduse to take to the SUNY Central Administration in Albany so that the school can get morefunding. The team members evaluating UB Law are Richard Wirtz,Barbara Bintliff, Mark Robert Killenbeck,Donaldßurnett, JudithMaute,arid Charles C&hru: Wirtz is Dean and Professor at Tennessee, while Maute is a professor at the University of Oklahoma, and Killenbeck is an associate professorat Arkansas,FayettevUle. Team memberBintliffisan associate professor and director of the library at Colorado, Burnett holds the positions of Dean and Professorat Louisville, and Cantu isaProfessorat St. Mary's. March 22,1994 The Opinion 13 �...Editor Js Desk, continuedfrom page 4 tion clandestinely like that. We try to act as professional journalists whenever possible, and in fact wereat that time try ing to determine under what conditions we could publish the letter. We were looking into the feasablity of publishing theletter, when one ofthe original writersofthe letter (let's call him housemate A)retracted his statements,and asked thatthe original letter not be printed. Apparently, whatever financial dispute that existed between Saultan and this one sublessor was suddenly corrected. We can only speculate as to whatwords were exchanged orterms negotiated. However, this agreement was entered into while the other sublessor was on spring break, and this remaining sublessor, Mr. Chauncey Wood, neveragreed to the retraction or pulling the letter. In deference to his housemate, he has asked us not to print anything that would breach the ' 'housemate A Saultan'' agreement. I recently had the opportunity to speak withMr. Wood,and he was able to fill in some oftheblanks concerningthis wholeaffair. He admitted thatlast summer, he and' 'housemate A had only discussed therent oftheapartment withSaultan (with no mentionofthe utilities). Somehow, said Wood, Saultan assumed that thes3sopermonth rent would include allthe utilities (heating, oil, electricand telephone). Wood didnotthink that thisassumption was at all areasonable one. According to Mr. Wood, there wasthereafter some disagreement, after which Saultan agreed topay,as for the utilities, all the local and long distance phone charges thathe had incurred while staying at the apartBut evenafterreaching this agreement, Saultan apparently avoided paying these charges. Mr. Wood stated that he and his housemate tried to contact Saultan numerous times, but to no avail. Having paid the full ment. amountduethephonecompany(abouts3so), they resigned themselves to the fact that they wouldnever get theirmoney back. Sometime lastwinter, theycaught windfrom theirfemale friend atUB the story ofSaultan, the SBA, and thelnvestigativeCommittee,andthat'swhen they decided to write the letter, he said. Mr. Wood stated that, based on his firsthand experiences with Saultan Baptiste, and hissecond-handknowledgeofSaultan'sprob- The Opinion Bans SBA E-Board From Its Office To:Editorial Board Members the possibility ofinterfering with the free From: PaulRoalsvig, Editor-in-Chief expressionofideas. Therefore,the following ofTheOpinion policies will bepromulgated: 1. Henceforth,any andall officersof Recently, members of the Editorial the SBA Executive Committee (SBAPresiBoardofthispaperhaveexperienceddifficul- dent,Vice-President, Treasurer, and Parliaties in performing their duties in laying-out mentarian/Office Manager) are exempted thisnewspaper. Thecreation, modification, and final editing oflaw student news and opinionoccurs at eachand everylay-outofthe law school newspaper. Toallowthe Editorial Boardmembers thefreedom to perform theirjob duties; bersbepresentduring lay-outtime. 2. Furthermore, it is requested that any and all officers ofthe SBA Executive Committeeremove themselves fromthe vicinity ofthe Opinion ofTirpHiiring lay-out. 3. It is additionally proposed that ofAndtodirriirushtheriskofTheOpinion becoming a mere vehicle for the use oflaw ficers ofthe SBAExecutive Corrimittee, and school governmentpolitical factions; SBA Class Directors bebarred from holding And to obviate the possibility that The any Editorial Board positions atthe Opinion Opfflion will appear to be, or actually beThis proposal would not prevent the previcome, avehiclefor individual SBA officers' ously-mentioned SBAofficers fromholding self-promotion; positions as Contributors, StaffWriters, or And to eliminate disruptions in the from submitting letters, articles, and 6ther productionofTheOpinion: material to The Opinion. And to ensure general harmony and good-will; The Opinion hopes that this policy Itisimperative uiatofficersoftheLaw will achieve its intended goals, and hopes School StudentGovernmentnotbe allowed thatfurther measures willnot be required. lems hereatÜB, he " felt sorryfor Saultan. "It seemed to Mr. Wood that Saultan' 'has problems dealinghonestly withpeople.'' Furthermore, saidWood, "Itseemstome, Saultan has a real problem dealing withpeople in aresponsible way." These types of incidents, said Wood,' 'raise questions, in my mind,as to his suitabilityasa[future]lawyer. Ithinkhehas a lack of perspective on his own shortcomSo there you have it folks. The great ings." letter that didn't quitemake it into the OpinInmy conversation, Mr. Wood confirmed that the original letter had been retracted ion" story. We leave the significance ofall this, up to you, our readers. Does this letter because Saultan paid his phone bills. simply implyamisunderstandingbetween two sublessors and their sublessee, or acts indicative ofa continuing trend ofbehavior? You decide. ...Editorial. continuedfrompage4 attacks themessengerand notthe message, aclassic, textbook case ofthe' 'whistleblower syndrome." It is theweakestform oflogic to respond to an argument or charges by personally attacking the other person and engaging in an ad hominem attack. If the charges rendered against Baptiste are untrue and all theevidence put forth is incorrect, then why doesn'tBaptiste come clean and state that they are untrue and rebut the documents. Further,some havesaid thatthis isaraceorcolorissuea group ofwhite males trying to politically bring down a Mack male. This "reasoning" isonlypartiallycorrect,asitisacolor issue- the color of green, the color of between two to three thousand dollarsoflaw studentmandatory activity fees being misused by Baptiste. But this is nota racially motivated event; justbecause the SBA Vice-President and Treasurer are white and Baptiste is black doesnotmake the substanceofthe charges any different. The questionis: didBaptistemisuse themoney and betray hisposition ofpublic trustand ifso, dothe students want him to continue in office as their representative? TheOpinion believes thatjusticeshouldbeserved, and not lawsuits on fellow law students. According to the judge's ruling in thelawsuit, students can begin anew the process ofa recall election. Thisshould be done. 225 signatures shouldbe signedand collected. Then studentscan democratically vote whetherthey want Baptiste toremain in officeas their elected representative or whetherbecause ofhis pattern and practice of conduct he deserves to be voted out of office. The SBA InvestigativeCommittee found Baptist's conduct inmisusing fellow law students'money topayforhispersonalphone calls to bebad judgmentandimproper conduct. The SBA Board of Directorsvoted to take away hisfiduciary and financial powers, yet Baptiste laughs atthisand ignores it Baptiste firedawoman (who was not a law student) on her first day at work, a woman who washiredas theSB A administrative assistant,causing her torun cry ingfrom the SBA office. Baptiste mayhave even tried to use the tragic circumstances of 3L Class Director Joe Antonecchia'sdisappearance (andpresumeddeath)as ameans topreventquorum. Baptistewanted tokeep Antonecchia's seat open. This, ofcourse, made itharderfor theSBA to getquorum and takeany measures againsthim. However, hewas persuaded to declare Antonecchia's seat vacant at the following SBA meeting. And now, Baptiste has servedhis fellow students with a lawsuit. The Opinion believes that instead of a lawsuit being served,justice shouldbe served. Students should sign arecall petitionand then vote in arecall election. Reportedly, the judge let stand the SBA Investigative Committee's findings about Baptiste's conduct, that it was improperandbad judgment,and the SBA'svote to take away his fiduciaryresponsibilities. The judge also is supposed to have said that this ruling does not preventany criminalaction being taken about these events. If laws were broken, then Public Safety or the Buffalo Police Department should investigate to find if there was fraud or embezzlement. And the Character and Fitness Review Board mayalso find an investigationrevealing. Nevertheless, notwithstanding the judge'sruling, law students should be allowed a democratic vote in a recall election of Baptiste and in that manner let justice be served. 14 The Opinion March 22,1994 DeJtetfit for CIRCLES =psi wff? Buffalo Women's Journal Of Law & Social Policy 1^ MUSIC BY RYKODISC RECORDING ARTISTS -*c*to% Ifilfuju Z&\ t&M W% (■ 1/te Original'Mot Cargo String "Band — | Ifll ||BB XN |*TL $ 5 DONATION aaaa^^M ■ IIII1"1"1 Featuring Professor s Engel and Atleson and Vi(lV .tfl^fc. a host oflaw students TUEMAR22 LAFAYETTE TAP ROOM BUFFALO NY 14203 (716)855-8800 391 Washington Street /Ofi&i ™|" II W/A �Imminent New Recall ToSubject Baptiste ToA Recall Vote 221 Late Breaking News: SBA Director Says Coalition Has of22sSignaturesNeeded byEvan Baranoff,'.LayoutEditor Nemeroff said that therecall coalition anticipates subStudentßarAssociationPresidentSaultanßaptistemay mitting the new petitions to the SBA at Wednesday's SBA have won the latest battle, but his opponents are now four meeting, to be held at 5 p.m. in room 209. Nemeroff said it was "extremely important" to get signaturesaway from winning the war. Accordingto2LClassDiresctorDavidNemeroff,asof quorumatWednesday' smeetingso thatan independentßoard 9 p.m. yesterday, therecall coalition has collected 221 signa- member can be appointed to verifythe signaturesandrun the tures, four shy oftherequired22s signatures needed to force a recall election. According to the SBA Constitution, a recall election recall ofthe president. must take place' 'not less than 15nor morethan 30 days from the date of submission ofthe signatures.'' This would mean that, if thepetitions are presented at Wednesday' s meeting, a recall election can take place as soon as April 7, and no later than April22. SBA VicePresident Paul Beyer said:"Thefactthat22o students signedan entirelynew petition in one day is a strong indication that the students want a recall. The Docket TheLow down WHAT: "Father Knows Best," an educational play about domestic violence. WHEN: Tuesday, March22,7p.m. WHERE: Village Meeting House, 5658 Main Street (near corner ofMain & Mill), Village ofWilliamsville. LOWDOWN: Participate in this important event on the subject ofdomestic violence. Theplaywillbefollowedbya panel discussion and refreshments. Tickets are available at the door or call Amherst Council member Peggy Santillo at 631-7019. Tickets are $5 for students and seniorcitizens, $10 for everyone else. Allproceeds fromthe evening will be donated to the Family Offense Unit at the Amherst Police Department. This event is co-sponsoredby the Amherst Women' s Task Force Against Domestic Violence, Health Care Plan, Haven House, and Theatrefor Change. ... T MET A FANTASTIC <5-l«L lftsr weeK6A>D... DA2.xi.eD Heft. U)tT"H MV WIT", OUeftWHgLMgO HgR, CJITM riy CrMftM... ••• QUT MOST frlpoßTftrJTty.r ItiPfLß&eD HCft cjint My CMtuces Foft 6-emno- a- WHAT: Asian-AmericanLaw StudentAssociation presents Asian Food Fair WHEN:noonto 1 p.m., Wednesday, March 2 3 WHERE: 2ndflorrO'Brian Hall LOWDOWN: Lots ofFood. $3 aplate. \f fs°, l ytou TDUD HSA, YOURS &£>HUPt rtOH ? 6g/} gA?6-/A/ger\7) (NO,! j J j ] J Certified CandidatesforSßAExecutiveOffice Spring 1994 Candidates for SBA President Ben Dwyer Roxanne Marvasti Mikeßickard Join The Opinion!!! Candidates forSBA VicePresident Elections for Craigßrown Johnl.Leifert The Leslie Machado CandidatesforSßAParliamentarian/OfficeManager Reda J. Austin -: Opinion's •| Editorial Board positions will Emilia Chemyavsky AdamR Easterday § Candidate forSBA Treasurer g Electionsare Tuesday and Wednesday,Aprill2 andl3, from 9a.m. to4p.m., outside theLaw Library. 1 Elizabeth Anna Jewett fireakl) beheld s. g |> |. :* Friday,April 15. IfjuowtdQaujuwf Opinion Personals! maybe we'llprint 'em. 'emojfinbox29oand Drop Well, this is it Alex. The last one! Way to go, PeterI You ARE the Jessup Man I Jennie, Sony. I was a grumphead. Na, na, na.na. Na, na, na, na. Hey. Hey, Hey. GOOD-BYE! r —— — ■"- a-a.a-a-aaa.a-a- Crosswo rd Answers! — ■■ CROSSW RD»Cro»«word STIIM! I ■ F|A|R|A|DWH|A|D|A 0 v c rloman lalah L E oil I N D olr I N D nin] i n g i n[pll A C E I B otj[pM|C A BoMB N ■r v II I I KA 1 C E HID E A C O NllT O P £ N A Kg J_ N T H E GTR A S S S E TBL ATH E RMliiiA .k L vJßO||tc]olT '■':■ a I* BKO ° [!]ilixijßiß3!i*lEJßPëi Imlaln i n|t|h|els|t|r|eiel I B samX 5 J. 9_ I —— JLKamA .1 hTe|hleßb|aln|t|sßs|aTlTt SX 0006 L.iaiai.—.iai.H.i.iii.i.i.iJ March 22,1994 The Opinion 15 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE ~~ 0 official filing deadline FOR MARCH 11th MPRE " 0 —— -^■—" FILING DEADLINE FOR SUMMER 1994 BAR/BRI COURSE SCHOLARSHIPS "~ " - Lecture: MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. Location: ROOM 106 11AM 3PM FREE for BAR/BRI enrollees Time: Tuition: PJTJJBSrBAV, NOTE: 'MARCH 15— CLASS OF '96 & '97 WEDNESDAY, APRIL 13 - 1) 1994 BOOK DISTRIBUTION begins 2) CLASS OF '94 $150 NY DISCOUNT ENDS ($5O discount until April 13) 3) CLASS OF '95 $150 NY DISCOUNT ENDS ($125 discount until April 13) $225 NY DISCOUNT CONTINUES UNTIL APRIL 13 - - last day for: d book pick-up 2) DISCOUNTED TUITION WEDNESDAY, APRIL 27 filing period begins for JULY 1994 NY BAR EXAM THURSDAY, MAY 19 ny course begins WEDNESDAY, MAY 25 ny course begins at tape locations FRIDAY, MAY 27 filing period at live location ends for JULY 1994 NY BAR EXAM RAR RFVIFW buf-594 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-03-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/22/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f4d4cfbba7e8575145ab98140a0b77bd.pdf ca3972b78fb20002d400563102c47611 PDF Text Text Staying upLate.EtitingPizza, ami Drinking Beer since 1949 THEONION Volume 34? No! April 4,1994 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OFFLAWS LaMwvCoSnficrmhed,oTl wo Locations named by Y.I.Burp, Contributor TheformerßidgeLea Campus Governor Mario Cuomo and SUNNY Chancellor D. Brace Johnstone today announcedthatthelaw school would be moved next week to a temporay location, with the move to apermanent site occuring around the middleofnext September. The officialproclamation from the Executive Offices in Albany were as follows: "SUNNY is proud to announce thatallßuffalo Law School functions will cease to take place on the Amherst Campus and will instead be taking place at the old Ridge Lea Campus beginningnextweek, April 11. Furthermore, the new permanent home ofBuffalo's Law School willbe at theold Bethune Hall onMain Street in Buffalo, and the move into thatbuilding will takeplace probably next September or October." Buffalo Law School faculty, staff, and administrators seemed stunned as the announcementwasmade.Later, as the shocking news gradually settledin, thereactions turned toward anger andviolence. Professor Engle,uponhearing thenews, reportedly went ona rampage throughout the law school screaming "ThoseBastards, those bastards!". Several students were equally outraged, 1 st yearAmy Wentwas heardyelling "$ 100to theperson whobringsme Mario's Balls!". Anger was not the only emotion Weather Today: 80 degrees and snowing. All personswith severe sinus conditions are dead right now. BethuneHall exhibited uponreceiving this news, 2nd year Bill Farley wasseencrying to himselfoutside thelibrary, and whenasked what was wrong, Bill cried, "It's taken me most ofthe past two years... to learn how to get this campus... I can't..l can't learn foranother...l justcan't." School officials were unmoved by student sentiment, "We believe the Bethune campus will finally provide this law school with whatitso desperately needs...easy access to potential criminal defendants. Presently the Move, continued on page 6... PapalVisit to the UB Amherst Campus LAW REVIEW SCANDAL A recent investigativereport done by this paper hasuncovered that the Buffalo Law Review has not published an issue in over 4 years. Editor John Craikhad no comment, but gavethe Onion this list of articles that are supposedly contained in this year's Review. -A Brief Overview oftheConstitution- Monica Piga - Please stop stuffingthings in my mailbox - AlexKorotkin - Justice Scalia, the under therobe - Joy Trotter man If you've seen or read a Buffalo Law Review, please contact the Onion On a recent visit to Buffalo, Pope John Paul II delivereda sermon in Founders Plaza. Apparently due to a mix-up, he mistakenlyperformed last rites for the law school. Baptiste Sues Himself, Denies Charges byl.P.Freeley, Contributor Sultan Baptiste sues self Earlier this week SBA President Saultan Baptiste filed a lawsuit against himselfin was presented to Saultan he stated "I don't remember doinganything wrong, this is probably justsomeplotdevisedby Marc and Paul." Saultan has now, uncharacteristically, changed his story. According to an official statement to be released later this week, Saultan claims that, although he did physicallycarry out theact, hewasn'thimself that day. In the interest of justice Saultan is suing himselfon behalfofhimself. Saultan's CountyCourt. AlthoughSaultan would give no officialstatement onthe issue he did state that ' 'Due to the circumstances I was left no other choice...the lawsuitwas a lastresort." Saultan Baptiste, who's administration has been defensecounsel, JoeL'Mr.MootCourt" Sunvitually free ofcontroversy since he took ofshine, statedthat Saultan would be usingthe fice, was recently accused of transferring famous "Stepford defense and that this is money fromtheSBABudget linetitledMoney just another attempt to malign my client's for Poor People withoutCable into the Law goodname, we' 11beatthis, and thenyou' 11see Library to cover Saultan's fines on overdue ussueing for defamation." books. Students atU.B.Law havebeen charWhen confronted, Sultan stated " I didn't acteristically quiet on the issue, perhaps do it, when shownphotos ofhimselfperpestunned and shocked at the recent developtrating the crime Saultan stated " I don't ments concerning Saultan and the alleged remember doing it",and whenan entry from misuse of funds, or probably because they Sultan'sfile fax whichhad written on it"Rejustdonotcare. Eitherway as students we can movemoney fromSßAbudgettopay for library only hope that this ugly situation will soon end. finesandif I getcaught blameMarc Panepinto" Men with big heads and friendsforever: Saultan Baptisteand counselJoelSunshine LOWLIGHTS Beer\Brie Ad Editorials and Onion Mailbox A Truly Interesting Story..... The Roaming Phycomycete The Socket 7 Eat My Shorts 8 4-5 ..next issue 5 7 5 �ALL 7 st and 2nd year students U m ZaTM P PJPJfIE2 ~l»i ml R v> P/ P^l H^^E*! PS SPJPJ Paj X* S*PJ p)i4fl Wfa plpjl ■ PH 1Pa*.Jtafl Bfll « ■■ Imp mP Kr *1 mp^^i^^pS^v'^pSsm Peeper People Pass!!!/ CHECK IT 0UT...1f you are taking the New York Bar Exam NO other course compares!!!!!!! ' GIVE US A CALL 1 -888-635-6569 If it's free beer and pizza you want, forget it! �FLOGG Keeoin? the Snirit ofProtest Alive By Mr. Byline. An Editor Many students have noticed the signs around campus, the radio advertisements, (lie telemarketing campaign, and the huge cardboard cut-out ofAngie Dickinson in the elevator lobby. Students are now asking''What is FLOGG?''. Wellnowyou can find out as the Onion staffconducts a fairly superficial and self-serving interview with FLO( i( i President Wayne Van Vleet. Onion: Whatdo thelettersofFLOGG stand for? Vleet: Female Lawyers Opposed to Gambling onGolf (): What does yourorganization do?, what doyou standfor? V: I'm glad you asked that. FLOGG is an organization dedicated to protest. We like to say we'II protest anything, anywhere, "We like to say we'llprotest anything, anywhere, and anytime as long as it's convenient" - Wayne Van Vleet and anytime as long as it's convenient. O: How didyour organization start? V: Well a bunch ofus got into a fight outside ofan unnamed Buffalo bar, and when the cops came to arrest us, wetold themit was a protest and they left us alone. O: What is yourorganization protesting now?and how many members doyou have? V: Well we currently have over 40 members and are still growing. Wade ''Knockout Newhouse, George "To Hell withthe Equal ProtectionClause" Kannar, andßeth''TheßadGirloftheUCC' Buckley serveas ourfaculty advisors. As to whatwe are protesting n0w..1 think that question mightbest be answered by switching back to a regular text format. O: That sounds goodto me. I was sick of writing in this cheesy interview format anyway. FLOGG has already held many significant protests at school this year. Inspired by the LGBLS protest against the military recruitment oncampus, FLOGG protested the other 3 firms which conducted on-campus interviews this year. FLOGG has also been active in the community protesting the treatment ofdeliproducts atWegmans, the hiring ofreally stup id people atKinkos, the attempts at witty repartee by all local newscasters, and FLOGG also picketed the home of Andre Vitale for no reason whatsoever. We asked FLOGG Recording Secretary Chuck Patton why he became involved in the organization, "Well, I really care about people and I like to put myself inpotentially Stop theInsanity! violentsituations. FLOGG allowsme to do both, or at least one". Kevin Raphael, FLOGG member, added Yeah". "FLOGG is definitely one student organization thatwill bearound fora while and I for one am glad said Dean Boyer whileunder duress. If you are interested in joining FLOGG place a piece ofpaper with your name, social security number and home address in Box 715. Ifyouareinterestedin participating in FLOGG's weekly protest against people who complain theyare going to flunk some class when they know damn well they are going to get an 'H'", meet outside Pam Goldstein's locker this PJci K. • Pa Wednesday. I Pi The Ongoing Pictoral History of John Henry Schlegel's Hair: Parts I, ll,and III: ' I I . _, The Geek Look T1 | "Wlr" :'""i ... _ : ■ . Thefreth Partridge Look wr__. I P^PJPPJSidPJPJPJPJ^P^^W^^^^J This Look died about the same time Contract Law did John! at^N^ I from all ofus here the Onion to to all the persons who cheated on Professor Nancy Stoudt's Tax Exam but who didn't get caught! MP^^^^^^^^ #- In the record business, it's not who's 1 playing the chords. It's who's pulling the strings. April 4,1994 The Onion 3 �. OnioMailbox SendThis Guy Some Ex- Lax! c Stop „ ~ This!, Reading r-,. Floundered in J 949 Editor-in-Chief: Managing Editor: Business Manager: News Editors: Features Editor: Laid-out Editors: Photography Editor: . . . April~ 4, iriri 1994 Beavis Butthead Leona Helmsley Geraldo Rivera & Richard Bey Leeza Gibbons Jessica Hahn and Shannon Dougherty R Mappelthorpe ArtDirector: Salvador Dali StaffWriters: David Lynch, John Waters,and the McKenzie Brothers (Contributors: Rupaul, Yod Crewsy, andthat little guywith a booger stuck to hisnose Legal (Consultant: Vinnie (hey! he's my cousin!) Alcohol ConsumptionConsultants: Ed McMahon and the Hibernian Law Society EDITORIAL This Space for Rent! (Just contact an Editorial member of this newspaper who needs the cash!) Copyright 1993.Oops. I mean 1994. The Onion. {Burp} Anyreproduction ofmaterialsherein without the express consent oftheEditors, is really a very dumbidea. The Onionis published every April fool'sday using some rawpotatosandketchup. It is thestudentnewspaper ofthe State Sludge Pit, commonly knownas theBuffaloSchool ofFlaws. The views expressed in this paperare perhaps those ofthe Editors or StaffofThe Onion, but then again,perhaps not. Maybe wejust don'tfeel like tellingyou! YouStupid Jerk! (..Sorry). The Onion isanon-profit organization, although it would be great makingmoney offother people's misfortunes like theNational Enquirer. Editorial policy ofTheOnion is determinedby the flip ofa coin or by some othergame ofchance. The Onionisfunded by as manycoercive meansas possible. Additional fundingcomes from FLOGG, thesociety ofFemale Lawyers Opposed to (iambling on Golf. TheOnion welcomeslettersto the editor but we usuallythrow them out. Letters longer than three typed doublespaced pagesareconsidered literary harrassmentand are forwarded immediately to the local Boy Scout'spaper drive. Please do not put anythingyou wish printed under our office door.No explosives either(thanks).Submissions can be sent viaCampusMail or carrierpigeon (both equallyreliableand last!) to The Onion. SUNNY in Buffalo (is it?), AmherstCampus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260 (716) 645-2147. Those submissions taped toacaseofcold beer will get first priority. Deadlinesfor thesemesterwas last friday. You're too late!You'realoser! The ideas expressedin the "Letters to theEditor" and on the commentary pageare perhaps endorsed by theEditorial Board ofThe Onion, but who cares? 4 The Onion April 4,1994 Did you ever get on the elevator and realize that, for whatever reason, you really course, I had to fart? Normally, of asked anyone to do so. Breaking and entering! The smellofLysol would hang heavy in the air when I entered the room on those occasions. Public Safety was ofcourse notified, but they laughed in my face and told me this was normal for UB law school offices. It's my belief the Custodial Staff dliberately tried to cover their tracks with this harmful chemi- wouldtry toholdit.Butwhat ifyoucouldn't? And what if you farted in an elevator that you were taking alone, and suddenly itstopped,and lots ofpeoplegoton? Whatifall those people took violent action against youbecause actively spied on me, stolethe scholarly journals I was about to publish, and followed me to law student parties and ofyourfarts? Woiddacourt of law have to first determine how vile your farts werebefore they consdered granting clemency or immunity to all dioseviolentpeople? Howwould the court go about determining just how foul smelling diefart was? Would thejury have to smellother people's farts justto get a basis for doobie).Andlbetyouthoughtlwassirnply paranoid. Call me misunderstood, comparison. ■ reported my activities to the Dean (here, gimme another hit offthat Jeffßlum JustAsking. Howard Stern Get a life! Oh No! Not Him Again! To the Editor: Well, I bet you think you've seen the last ofme. (Hey, buddy, could you passthat joint?) Well guessagain! lam contemplating commencing a lawsuit that will include members ofdieUB Law School Custodial Staff(woosh) and UB Public Safety. I will be naming them as accomplices in the school-wide conspiracy to deny my temue (cough). Several times while I was a professor atUB Law, I would find my officemysteriously cleaned, even tiiough Ihad never Dear Editor-in-Chief: I am writing to complain about the lack of space devoted in your paper to me. I, John Munro,am an important part ofthisLaw school community, and as a studentat thislaw school with a name like John Munro, I, John Munro deserve to berepresented in your paper. For instance, I, JohnMunro, wentrecendy shopping at Tops Supermarketyesterday. I,JohnMunro, purchased somenotable food items, including a pear. This could have been a great story for yourpaper. Significantly Me, JohnMuro Eds: John,Shut up andleave us alone! "^—^^^^——^———^^^^—— y4nd now, a new feature ofthe Onion: Ask Mr. DearMr.HpH: I'm a first-year female law student. Every Monday aftermy Constitutional Law class, this creepy third-year guy I am thethirdyear comes up to me and starts talking to me. At first I tried tobe polite. I've told him many times that I'm simply not interested in whathehas to say. But he stillwon't leave me alone. What should I do? cerned Dear Concerned: Ask himpolitely to go outside, and then if you point him out to me, I'll beat the shit out ofhim! I'll kickhis ass back to whatever creepy little two-bit town he crawled out of. Then I'll cut his ears off, and break hisarms off! And then to finish the job, I'll toss the armless little jerkinto a sewerand see how wellhesWims! HpH student here at UB Law. I have always lovedanimals, and currendy I have several dogsand cats. The problem I have is this: My Cocker Spaniel keeps on defecating inaparticularcornerof my living room. When I invite gusts over, I feel so embarassed about theodor. Sometimes thestench gets so strong thatitmakes you want to puke. But I love this dog and do not feel like getting rid ofit. I realize this isutmuch ofan etiquette question, but I thought Youcould help me anyways. -Sickofthe Stink DearSitk: IfI were you, I wouldn 'tput up with that dog's shit! I'd throwthat mutt out the window, and thenI'dkick him arount a bit, justto teach the beast who's theboss! Do you have a beet? A Complaint? We don't Carel We're tired ofyour shit! But if you enjoy Russ Meyer movies and working with people that are naked most ofthe time, Join the Onion! Grab your private parts and cough! Stubyourtoe! Free Dental! Get $5000! and/or a date With Sc h lege I! Special Incentives Exist for those who can write! �JustBetween Us FeaturesWriter By Loreena Bobbitt Editors' note: Loreena has again run offto Hollywood to tape another talk show. Next week, she is scheduled to be in New York City for the Donahue Show. Therefore, there will unfortunatelybe no commentaryfrom her. Instead, we have decided to show you a recent safe-sex lie-down demostration held by CLOStrikesAgain! A month or so ago, severalmembers of the underground political group the Candy Liberation Organization, or the CLO, once > againraided the candy machines in front / / ofthe Law Library. Screaming loudly at the top oftheir voices "Let our Snickers Go!", the groupsmashed through dievending machine's glass windowbefore gorgingthemselves on chocolate and potato chips. The group's leader, Sarah "Skittles" Swartzmeyer, was overheard saying "As longas there is one York Peppermint Patty behind bars, we shallneverrest!" J Caucasian Law Students ■ JAssociation to invite David DukeJ i to Speak NextWeek! (Just Kidding Folksl) Artist's conception ofthe raid by CLO memberslastFebruary ■^■■■■■■■—«■■■■ The Roaming Phlogiston — ■■ i —-J byR. Mappelthorpe, Photo Editor This week's question:What's that scar on your neck? J Monica Riga, 3L: What scar?...Do I have a scar?..(giggle)...l didn't even know I had a scar...(giggle)" Emily Leach, IL: Professor Joyce: Alexandraßivas, IL: "Back in the 60s, I used to "Dave Nemeroff threw a "It's a paper cut...l just get have an earring soda can at me, that's how crazy when I studyTorts." there....Del Cotto's got I got this scar." one too. Beer Brie, Peeper and Mariano Bar Review CoursesTake Gloves Off Let's Go to Camp! Both Marc Panepinto and Sultan byßuss T. Bailiff, Contributor Earlier diis week the quite serenity oftheelevator lobby area was shatteredwhen representatives from 3 differentBar Review Courses brawled. Apparently reps from the Peeper and MarianoBar Review Courses were tired of BarVßrie always taking the choice corner spoton thefirst floorand started throwing punches. "I was justsitting diere when Bruce Reinoso and KathyKorbuly hopped over the table and startedbeating on me", cried a shaken Sarah Swartzmeyer. Both Bruce and Kathy deny starting the fight, "Sarah and Robin Ross started it....they were taunting me..andmenJolin Munro showed up and itwas justtoo much...wehad to defend ourselves." saidMariano rep Kathy Korbuly. Baptiste have stated that they were shocked thatsuch sophomoric behavior can take place at this law school. The SBA is scheduled to meet sometime this week to discuss whether any of the Bar Review Courses should be allowed to keep theirtables. If the Bar Review courses are kicked offcampus that willleave The Balet Bar Review Course as the only course available to Buffalo students. FLOGG is scheduling a protest. . PLASTIC ID y » IMPRESSIVE * FULL-COLOR ONE-PIECE CARD "Glu.d-ori" Photo! Ikj* * (No � rESI POSITIVE ID GETS RESULTS! V ". A*" <i— „&! Name, Address, Sex, Height. Weight, -Jli-f r Color i2OH MORE 1 Hair, Eyes, S/rthdarV *£5 „.„ ""j?. SfJwJf ploro (boofrWype ONLY Q | tacACH 1 OKI I 3 Corner payment. (tfs2 eden MESS 11623Statt "C" \3*7 SonS4tf>K Fountain V>)p»v, CA 92708 «• # LCQAL J0 p^e^ HOUR SERVICE »* 24 100% GUARANTEED From left: BestFriends MarcPanepinto, Paul Beyer, andSaultan Baptisterecruiting students to the SBA-sponsoredretreat in thePoconos, wherethis year's theme will be: "Opening Up and Sharing, Bonding, Loving Each Other, and Other Touchy-FeelyStuff." April 4,1994 The Onion 5 �Photographer's ScrapA book A Pop Quiz: Match the Law Professor with the most recently written book Articles, Continuedfrom page 7..... ' 'How to Accessorize —a hatand a walkman isallyou need "byLynch and Hueston 1 Tmnotreally fromRussia, Ijusttalk funny" by Korotkinand Hueston ''I hate obnoxious and overbearing people by Sylvestorand Hueston '' How aerobics saved my life by Ross and Hueston ' 'Would someone explain tome whyI don'thave ajob'' by Kimmerling and Hueston ' 'Why I tbjnk Jerry Brown should be President by Woodsand Hueston "Living with a stupidnickname by Duarte, Balet, and Hueston Kow J± <ffl|k BooKs by V> Louis S\A/arrz, Elizabe+K Buckley,Chores tarr,, / ( // -_ Charles Ewi^.JH- Schlegel, Roberlßeis, , **? \o^pZ*+o9> ?^# 6 ■■:. y.' „ /g % Isabel Harcus, Robert Berber, Lucinda Finley, y canity a.* a-utobiojrafKj Marcus Dubber, 3anef Liniqreft. &^l\ V>A V,--'"' @> ■, & \ 5' The Onion April 4, 1994 .. arrogance . IfT, H "W TO BUILD MAINTAIN IT, AMD USE IT TO Your ADVAMTA&e author et * 5yKISSbtrtstUme lltj frr.t (A; "18 years on the professional bowling tour and nota scratch onme" by Mahar, Roothand Hueston ' 'My lifeas a woman by Mercer The Move, continuedfrom page 1... Buffalo Police Department estimates that over 23 crimes a week occur directly outside the Bethune Building, withtheinfluxofeasy marks, law students, thatnumber can easily rise above the 50 crimelevel.'' said the excited Dean Boyer. School officials are also quick to point out the benefits ofbeing located so close to Bennett High School. "I'mreally excited", states Isabelle Marcus, "Theathletic fields are so closel'm thinking oftaking my classes outside. After all sports analogies are great toolsforteaching the law.'' When ProfMarcus was informed that BuffaloLaw Rev iew Editor JohnCraikand members ofFLOGG were leading theprotest against the move she responded' 'Well I really respect the members ofFLOGG and I like John, but whenever he' s involved in something its like openingPandora' s box." Many students were upset over the timing ofthemoves due to the fact they will take place whileschool is in sessionand maybe disruptive. Dean Carrel doesn'tbelieve this is will happen,''Any statements that the moves will be disruptive are complete bullshit, the school will be 100% functional at the temporary Ridge Lea Campus except wewon't have computers, the library, or Men'sbathrooms. As usual the only pro lessor battling to have theadministrationaddress the concerns of students is Professor Finley. Finley has threatened that if the law school moves she will physically chain herself to Mark Panepento 's locker,' 'I feel very strongly for the snidents at Buffalo", saysFinley. "after all I'm here to serve them, its theirtuitionwhich pays my salary". As f now theissue is unresolved, but ifyou are a 1 st year, 2ndyear or HelenPiuidurs, prepare to pack your bags. < �New Scholarly Arcicles in Law journals: In the Time-Honored Tradition ofothercheezy tabloids, theOnion presents: I Every year the regular 1 ,aw School Newspaper the inion, receives severalarticles and storieswhich for one son or another it does not publish. We recently discovered that these unpublished articles are kept on file at the Opinionoffice. Duringoneofourmany free afternoons we read several of these submissions and foundthat they were not onlyentertaining but extremely informativeon several important issues (Which leaves us to ponder the competence ofthe Opinion's editorial board for not publishing thesestories). Wellnowyoutoocanreadthesegreat stories thanks toagenerousdonation from theMarvLevy Freedom ofthe Press Foundation. Thearticles will be available in the lawschool library,Lexis, Westlaw,and all upstate New York UniMart Stores. Below is a list ofsome Titlesand theirauthors. Separated at Birth? The chick in the 3LHclenPundurs lLJohnLiefert "Joe Camel" "Kool" cigarettead - ' 'The Air is Fine Down Here Living in a Tall World" - by Bowden, Mariano, Stemand Hueston ' 'CorporationsI Admire - Belluck and Hueston "How to Belittlethe Concerns ofLawStudents and - Still Keep YourJob as Their Pro lessor Finley, Hueston - "Our Favorite Haiku's" The Federalist Society and Hueston "WhylLiketheGrungeLook"-HahnandHueston 1L diariesF. Carbone Last year's Law Review Editor-in-Chief Dan Tim Burton, Director of "N ighmare before Christmas" - ' 'Reach Out andTouchSomeone Your Phoneand You - Baptiste and Hueston Dean Barry Boy er Spitzer - ' 'AttendanceisaMust ('ullen and Hueston - How to PassLaw School" "Its Time to Close Our Borders" „„»„ - Vasquez and "How to Practice Corporate Law" Pundurs, Ol- ives,and Hueston "Partying isn't Everything - Law School is for Learning theLaw - Grover, Fensterstock andHueston ProfessorJanetLindgren 1LBen Dwyer JohnF.Kennedy 1L Barbara S. Greathead - "SpittingasaMeansofSelf-Expression" FilvarofT NewArticles... continued onpage 6 and Hueston sadfdsf The Socket What:Thelaw firm ofBaptiste & Blum isholding areception forall fourth year, fifth year, and sixthyearlaw students Where: Broadway Joe's Bar on Main Street in Buffalo. When: Yesterday. You missed itagain! You are such a loser! The Lowdown: The law firm specializes in frivolous lawsuits against state univer- sity facultyand student groups. BYOB. What: Circles Speakers Series: This week's topic: "Things Women JustCan't Do As WellAsMen" presentedby Syndicated Columnist Phyllis Schlafly. Where:Senator Packwood Library on the Canisius College Campus. When: Immediately following theTV soapopera "GuidingLight" nextTuesday. The Lowdown: Topics to be covered include: Opening Jars, Public Urination, War, GoingGray, and Running State University Law Schools. Yes! You Can WIN THE LOTTERY Substantially increase yourchances winning the lottery using scientific methods used by hundreds of top pro- of fessionalsand casinos today. Don't rely on luck, zodiac or tarot cards. This easy to followsystem uses modem scientific methods to dramatically increase your chances of selecting -the winning numbers. ORDER TODAY, and you will receive all three methods for Pick-3. Pick-4 and Pick-6. 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I Live Horoscope Readings 1 900-8962886 I -■ y^&kSfj 1-900-988-OTB3Ext272sloopermrn,i \ call 3 mins. Averagecost percall $6JM. Maximum costHo.oo Touch tone phone no, fJmlflrJjjieLDaientlsjprmi'w'''" NEW AGE PSYCHICS • Also BIRTH CERTIFICATES Baptismal, Marriage, Divorce, Award Certificates and Wills. High School, College Diplomas & Gain Astonishing Insight! with Univ. Degrees. revealed & QUALITY BLANK FORMS Spiritual/Astrologer Your present future psychic & personal your own private on heavy parchment complete .reading. A caring, gifted psychic is_ with gold seals hours. you 24 herefor M MRS JM RITA ' - jKpP PRO PT SH PMEN T us. funds I 30-D»y Monay Back Guarantee c Hoiianira 1994 fpStress m* may be in Igll your future. $^h £V/1W SCHOOL ~-^^~" V'-Wl <$ Dept. TWO 3 Box 25750 .Santa Ana. CA 92799 -t- - ' Send Us Your Name & Address for FREE "Detective" Career Kit YOUR HONEY REFUNDED. 2.05 shpg. aHndig. Total $22.00 SAy?*6-951 . „, , „ , 2 Jars (�«> *32.95 + 3.0S s*«.» Hnoig. Total $36.00 ' /Mone»Njß Bodv9"ar°'"est,g»,ion The inventor ofthe paper clip earned $500,000! |X MO* BUST •So^ Mysteries! -Bring & Criminals to Justice Stop Crime Protect the Innocent «Huge Demand for Trained Private Detectives! interest and resumes for the position ofAssociate. The firm specializes in 1 Oth AmendmentConstitutionalIssues. Because the firm is seeking lowlifes of all types, Law Review members and MootCortWinners are advised not to apply. Starting salary is a finn $ 79,000. Contact person codename: Butter. | 1 ,"_ r. ,™„ Box 1329, Bensalem,PA 19020-1329 Call 1(800)4364363 Ext.C-1015 -~,.,..,—.1,-1.■ \| SIMPLY APPLY our extra rich cream formula at bedtime and allow it to work overnight while you sleep. Melts on contact with your skin. Essentia! oils and 20,000 units of estrogen hormones works hard all night for a more alluring, silky smooth and sexy bustline. ORDER TODAY and in just a few days you should begin to see amazing results. A Quality Product from Our CosmeticsDivision Since 1978 J Authority! <4^^^-T^ L £5Es Atactics Tra/„ Fas, ciates ofWhitePlains, NY, is putting the call When: April9th 4:00p.m. Where: Slee Hall Low Down: Conklin will speak abouthis book "BeingAnal inaSloppy World". Afterthe speaker members ofFLOGG will hunt down Andre Vitaleand mess up his hair. af BHBKwn TheLaw Firm ofRadjavitch and Asso- What: FLOGG presents Mare Conklin fl jjlI Call 1(800) 4364362 Ext.rt-1009 111 -—!■■■■— • NO MASSAGE • NO EXERCISE • SAFE • TESTED J7 April 4,1994 The Onion — . 7 �Beer/Brie Includes Everything * Other Bar Review Courses simply prepare you for the bar and stop there --not Beer/ Brie. We not only prepare you for the bar...We'lltakeitforyou. That's Right! Now Beer/Brie, the Bar review course that brought you the Day Before the Bar Cocktail Party, will surgically implant your thumbprint onto one of our certified test takers who will take the Bar for you. Hey! You just spent 3 years in a qualified law school, so of course you know the law. Take a break and let Beer/ Brie do the work. Other Bar review courses require you to spend your summer studying and still make you pay up to $1400. At Beer/Brie we feel that for $1400 you should be able to sit back, have a slice, drink some beer and cut the Brie. BAR REVIEW Join Beer/Brie The only Bar Review Course that will guarantee you pass! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1994-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 34 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1f0be369ba8c2de90a8b4b00381f1947.pdf 3e6d730855516c6cbe2c3fbb04738597 PDF Text Text 1994-95SBA General Election Guide Executive Board Candidacy Statements Bringingthe issues to thestudents xincel949 THO E PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Volume 34, No. 14 April 11,1994 Candidates For SBA President Ben Dwyer, IL This semester, countless students have expressed to me Roxanne Marvasti, 2L My name is RoxanneMarvasti and I amasecondyearlaw their frustration with various aspects ofthe Law School: late student Irememberthepleasureandthepridel feltwhenlwas grades,Research& Writing,problemswithprofessors, thelist admitted to UBlaw school. I couldhardly waitforthe firstday goes on. Of course, I am not surprised at this. I too am as ofclasses. Entering law schooiwasan importantdecision,one that would require hard work, and change the course of my frustratedas anyone. The perceived lack ofinterest to students' needs on the professional life. In the last two years here, I have enjoyed partoftheAdrninistrationisregrettable. However, itis simply myself, everything has gone welland on schedule. However, unacceptable that the S.B.A. has failed this year to articulate therehavebeenthingslhavemissedatour school. Whenlhave either the frustration students feel or their suggestions for had expectationsand voiced myconcerns, fellow studentshave oftenresponded' 'wheredoyouthinkyouare, at Harvard? this change. The S.B.A. certainly doesn't suffer fromlack of energy. is ÜB, people aren't here because they love it, they're here because it's cheap". The last time I articulated my concern People sometimes forget past S.B.A. officers' accomplishments: for example, the course evaluation guide this year, the about thelack ofprideandsense ofcommunity hereat our law first floor lounge theyear before. Unfortunately, most ofour school, someone said:" ifyou care so much why don't you get energy this year was wasted on infighting and dealing with involvedand do something about it? "so I took upthe suggestion ethics questions. Imagine the potential ifall that energy was and decided to run for SBA president, hence the creation of turned outward,towards productive goals. ' 'Roxanne for SBAPresidentand the Feel Good Campaign. General Platform: specific, practical, tangible, and I am confidentthat ifthe S.B.A. were to find its voice(and its sanity) theLaw School Administration would be willing to achievable goalsand programs to make UBLaw student body work with us to address the sources ofour frustration. I am a more cohesive group by striving for a sense ofpride and running forPresident because I feel I have theability to make community. Professional Relevant Experiences: twice electedand the S.BA. work. Throughoutmy year as Class Director, I workedhard to served as president ofboardofother organization;electedand moderate S.B.A. excesses andresolve conflictstheright way. served as treasurer ofcultural society; substantially particiI feel I have the ability to createan atmosphere ofcooperation pated in formulationand writingofnot forprofitorganization's (maybe even fun) inwhich S.B.A. directors,and evenregular constitution andby-laws; negotiation, delegation,and managestudents, will feel encouraged to work to theirpotential. Ifyou ment skills; substantial experience in organizing educational, don'tknowmealready.don'ttakemyword. Stopreading this social, and cultural events. Personal Relevant Qualities: keeps perspective and and ask someone whois familiar withmy record about me. In suchan atmosphere,morecan be accomplished. I have balance, serious, determined, goal oriented (last year I was many ideas. AsI saidbefore, I hope to engage theadministration pregnant and commuted 160milesadaytoschool. Ihadthebaby five weeksbefore the spring semester finals, I took one week Dwyer, continuedonpage 7 off, declined all extension offers for exams, and successfully finished theyearwithmy classmates; compared to thatattendRight ing SBA meetings should not pose any problems), sense of humor, very organized. View On Recent SBA Events: sometimes even thebest ofcircumstances, unfortunate things happen betweenthe best ofpeople; sometimes the best ofpeople make mistakes; We muststart the new year with a clean slateandproceed accordingly. There will be a new board, and new matters that will require our careand attention. At this timeI wouldrather see ... Exercise Your To Vote! SBA General Election TomorrowandWednesday April 12 and 13 from 9 a.m. to 4 p.m. outside the law library If you don't vote, you can't complain! ... Marvasti, continuedon page 7 Mike Rickard, IL My name is Mike Rickard and I'm running for SBA president. The reason I'm running is because I 'm dissatisfied with the direction SBA has taken during the past yearand like many students, I feel thatit is timethatSBA gotback on track. It's time (hat we started getting positiveresults from our student activity fee. I have had plentyofexperiencewith student government to understand its strengthsand weaknesses and I am familiar withtheway thatstudentgovernmentsoperate.Letmegiveyou abriefbackgroundonmy experienceinstudentgovernment At Erie Community College I served as treasurer ofthe Police Science Club and as its president the following year. I am currently servingas treasurer ofthe Domestic ViolenceTask Force. Myplatform is basedon theideathatstudent government belongs to us the students. I intend to make SBA more easily accessible to students withidea orproblems that SBA can help with. I'vealready heard someconcerns form students onissues suchas improvingthe lounge, improving ourbaffling grading system, making SBA more effective, etc. I intend to carefully review all ofthese excellenct ideas for implementation. What follows are some ideas that I would like to have implemented. Gradingsystem-Thereismuch dissatisfaction withthe grading system. Ifelected, I will pursue waysofimproving the grading system and making it a more valid indicator ofour scholastic achievements. Furthermore, I will work to help employers betterunderstand the grading system so that when we go forinterv iews, our interviewers willhave a firm grasp on ouracademic achievements. Student lounge-Ourloungecouldreallyuseamakeover. The lounge looks like thewaitingroom atMidasMuffler. I have several ideas foracquiring new furniture for our lounge including several from fellow students. SBA & the students-While SBA hasmade someaccomplishments this year, there is considerable room for improvement. There are several items in my platform for improving SBA and making it easier for students to access. 1. SBAmeetings-Alackofquorumhasprevented several SBA meetings from beingrun thisyear. I willwork to establish alternate directors in the event ofa director's absence so that SBA canremain operativeand workfor the students. FurtherRickard, continued on page 7 ... HIGHLIGHTS Vice-President Candidacy Statements Secretary\Parliamentarian Candidacy Statements University Council Candidacy Statements Treasurer Candidacy Statements 3 5 6 7 �Tf| \J \ I've to /y Bar P i c p c r atorney said ny ,/Ever\ 1 "met take the ev r must pas / -^ \ j Tsend recive Imextbkoinksg 15() $ my those °Crt %i A p P d k U C belt r deposit great be \ \. I i / twhat aralkuinngg* about! uand oays PCome Vrvhode'c;vry See f/ [ I Don't "^ r ^ l 1 done have PItEoRk wu,d^ s the 1 of A U> / left ' in /I out A P I E R ! P a s ! t a l k i n g conversati! about 1-806359/oicurselpadM evryone CAL ttj i '' igCSl! t <% Dfr{\ 1# J.WJ^ { I , why out Find \ : y C T 1 I , great! ,s That to ? pas ed fCYou 1 teu rm ( Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa People Pieper �Candidates For SBA Vice-President Craig Brown, IL Fellow Students: I am surethe last thing onyour mind at this point in the semester is SBA elections, especially after this year's SBA controversy. Thisyear'scontroversy isexactly why > Mshould be concerned about this election. No one wants another year like 1993-94,andyoucanmake sure it doesn'thappen--VOTE! Ihave had first hand expeiience seeing thisyear' sevents unfold. I think I have seenenough ofwhat does not work—give me the opportunity to show youwhat does work. Many o fyou are probably chuckling at this point Ho w can I know whatdoes work when I have been a member ofthis year's board of directors? It should be noted that not everyone on this year's board has been involved inthecontroversy, someofushavedone our best toremain pro fessional throughout it. I say someofus because I feel I have maintainedmy professionalism. Asproof 0 fthis I offerthe fact that I was chosen as theadministrator of the recall election thatis taking place on April 18thand 19th. If I was aplayer in the games that have taken place this year, 1wouldn't have been appointed with virtuallyno objections. This shows that both sides respect my ability to be fair and objective,and getting both sides to agreeon something hasbeen a rarity. Remaining professional has, at times, been challenging. I have to admit that I was involved in the soda can throwing incident; but itshould benoted that I was the one the can was thrownat, and I took noaggressive action. I wouldalso like to correct the mistake thatwas printed in the Opinion: The soda can wasalmostempty,not full, and atno timewaslinany danger ofbeing seriously injured. I guess alittle sensationalism sells papers. Itshouldalso be notedthatthe SBA is working onmaking sure this does not happen again. There has been a by-law revision committee thatisaddressingissues ofquorum, excessive absenteeism and director accountability. I am currently a member ofthatcommittee. Sincethese issues are currently beingaddressed I can hardly, in goodconscience, includethem in my platform. Some new ideas I wouldlike to address are a discount card, better faculty relations and more socialactivities. At thebeginning ofthisyear,the treasurerwascontacted by acompany thatwas offering a discount cardto law students. Thiscardwould onlybeavailable to law students,anditwould berelatively inexpensive (approximately $ 10). Withthis card law studentswould beable to obtain discountedrates on airfare, carrentaland hotelaccommodations. Since many ofustravel for interviews as wellas forrecreation, this card could proyeto be very cost efficient. Purchasing one would be optional. Unfortunately, this somehow fell by thewayside. I wouldlike to make this oneofmy goals for nextyear. When I was visiting otherlaw schools, onething thatI sawreally appealed to me. Some ofthe schools had numerous activities throughout the year that promoted interaction between the students and the faculty. Some ofthese activities included sporting competitions between a faculty team and a student team with a picnic afterwards and faculty/student luncheons where the faculty and students could interact socially. More interaction between the faculty and students will increase communication and will expose both groups to the other's concerns on a less formal level. After the first two weeks of school, law school-wide social activities plummeted. I have heard many students complain that they get very little out of there mandatory activity fee. I would like to suggest a bi-monthly happy hour. On two Fridaysamonththe SBA andanother studentgroup will Brown, continuedonpage5 ... John Leifert, IL Leslie Machado, IL In his speech accepting theRepublican nomination for Therecentevents inthe SBAhavebeen anabomination. President in 1988,Georgeßush said, "I seek thepresidency for it been Withoutassigning blame, isclear thatthe situationhas a purpose that has motivated millions of single purpose, a handled in away whichhas only served to hurt thestudentsand further discredit the legal profession. We deserve better. Americans across the years and the ocean voyages. I seekthe Sharing our school with the rest ofthe University is presidency to buildabetter America. It's thatsimpleand that intolerable. The halls are highways for undergraduates; our big." In seeking the office ofVice-president, I tooam seeking library isahaven forallstudents on this campus. The condition a has been shared by others: to establish a strong, goalthat Too ofthelounge isadisgrace. many student groups complain effective, StudentBar Association. I believe thatlam capable an ofourown. identity aboutthelackofofficespace. Welack Weare the onlypubliclaw school in New York, the second most the best candidate to fulfill that goal. As a StaffWriterforTheOpinion.I covered themeetings populous state in America, andpublic funding isinsufficient. ofthe SBA for a two month period. As such, I witnessed the We deserve better. Why do faculty members feel privileged to ignore the ineffectiveness and open hostility thatpermeated throughout deadlines for submitting students' grades? This is disrespect them, effectively endingany chance ofrealizing any tangible for the studentswho need the grades and disobedience ofthe goals. Ipersonally witnessed thefractureofthe SBA Executive rules thatmandate swifterresponses. Ofcourse, we deserve Board, leaving the bodyrudderless and Iwillnotlet that occur again. better. Historyhas taughtus that thosewhoareunawareorignore We have triedtimeand again to persuade theadministration to beresponsive to ouropinions ofthe gradingsystem. the past are destined to repeat its mistakes. It's a lesson that All wehavereceived has beeTri an intolerable''compromise.'' ha&beentaught over time and isone that should notbe easily The administration must respond to and answer for the deci- dismissed. Teflftstt end, I pledge to you t&day that I will do sionsthataffect us.This is for ourrepresentatives to theStudent everything in mypower to keep the SBA focused on itsgoals. I believe thatyou the voter shouldknow something about Bar Association to ensure. We must electas ourrepresentatives those studentswe my background. I am presently an Associate Editor withthe feel will listen to us and support us. This is our student Buffalo Journal ofInternational Law and a Junior Associate government. Last semester I tried to represent the law school memberoftheJessup MootCourt Board in addition to being a in the SBA; instead, I found away to serve by coaching the two StaffWriterfor The Opinion. I attendedFordham University law school Softball teams. My aspirations to servethe students as an undergraduate where I was an electedrepresentative of has not diminished since then. Those whoknow meknow that the Commuting Students Association my senior year. After Iam easy to findand easy to talk to; I am also notafraid to speak Fordham, I worked foroneyearwhile I saved money for law school. my mind. I am not someone who is inclined to run for political We deserve better treatment than we are receiving. Please come outand vote. And think carefully when youmake office wheneverthechance arises but I feel this election is of yourchoices. Thepeopleyouelectwill speakforyou; they must paramount importance. TheimageandperceptionoftheSßA also speak with you. Remember law is the second oldest hasbeen severely damaged in the past yearand needs serious, profession; let'skeep itfrom being confused with the oldest. capable leadership in order to be corrected. In announcing my candidacy, I have identified three major goals: (1) torepair the imageofthe SBA; (2) tomake the SBA moreresponsive and responsible to the students,and;(3) to address the problems and concerns ofthe students more IleneFleischmann will be hosting "Mind easily. With respect to the first goal, the present image ofthe SBA is one ofconstant bickeringand fighting and between the over Myth," a T.V. show on channel 7 Many membersofthestudentbodythatlhave spoken members. (WKBW). The show will run at 12:30 p.m. with viewthe SBA withdistrustand suspicion wonderingwhat every third Saturday ofthe month. The next theyaccomplish. showis 12:30 p.m. April 16. As Vice-president, I pledge to strive towardsmaking the organization more effective so that its perception is changed. Students shouldbeproud oftheSBA, not ashamed o fit. Students should see the SBA as being ontheir side, andnot believethey are fighting battles alone. Students should know that their 9 p.m.Wednesday,April 13,1994 elected officials are on their side. (New) Pink Flamingo Second, I don't believe the SBA isacutely aware ofthe needs of the students. It exists as the sole organization 1683 Main Street the views andrequirements oflaw students onthis representing Celebrate the lives of Joe,Ruth, and campus, yet most ofthe student body seems unawareofwhat Joanne with John & Mary, Nullstadt, occurs ona weekly basis. Themeetingsare not advertised,they Lynn Rogers, Scott Carpenter& the are too long and studentsare generally discouragedwhenthey attend the meetings. Ifelected, Iwould strive to make the entire Real McCoy's bodymoreresponsive to the students' needs. $5 Donation This can beaccomplished by endeavoring to make the Proceeds to benefit the Volunteer meetings shorter,advertising their timeand place, posting the agenda and printing the highlights ofthe meeting including Lawyer'sProject, Circles and the Joe attendance and voting results. In this manner, students aremore Antonecchia UFW Internship aware ofwhat the SBA is attempting to do, how their elected Machado, continued onpage 5 Announcements Benefit Concert ... April 11,1994 The Opinion 3 �BAR/BRI NEW YORK SUMMER 1994 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) 9AM/L3OPM/6PM ALBANY Albany Law School ANN ARBOR, MI YMCA 350 South Fifth Avenue ATLANTA, GA BERKELEY, CA BOSTON, MA BRIDGEPORT, CT - 9:3OAM TENTATIVE - UC Berkeley - Boalt Hall Boston University School of Law Bridgeport Holiday Inn - 1070 Main Street TENTATIVE Georgia State Univ Law School I:3OPM I:3OPM 9:3OAM/6PM 10AM BROOKLYN Brooklyn Law School 9:3OAM/I:4SPM/6PM BUFFALO SUNY at Buffalo School of Law 9:3OAM/I:4SPM/6PM CAMBRIDGE, MA Harvard Law School 9:3OAM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM CHICAGO, IL 1) HYDE PARK 2) GOLD COAST Univ. of Chicago Law School Northwestern Law School 9:3OAM 9:3OAM DURHAM, NC Duke Univ. School of Law 9:3OAM HARTFORD, CT Univ. of Hartford 9:3OAM HEMPSTEAD Hofstra Univ. School of Law 9:3OAM/I:4SPM/6PM ITHACA 9:3OAM LOS ANGELES, CA Cornell Law School BAR/BRI Office 3280 Motor Avenue MANHATTAN 1) DOWNTOWN NYU Law School 9:3OAM/I:4SPM 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA - I:3OPM Town Hall - 43rd St.fbet. 6th & B'way) B'way (at Hall 1500 B - BAR/BRI Lecture Columbia Law School A Aye. 43rd) 9:3OAM (LIVE) 6PM 9:3OAM/I:4SPM 6PM MIAMI, FL Whitehall Club -17 Battery Place BAR/BRI Office MONMOUTH COUNTY, NJ Holiday Inn 700 Hope Road MONTREAL, CAN. McGill Univ. 9AM NEWARK, NJ Rutgers Univ. Law School 10AM/6PM NEW HAVEN, CT Colony Inn 9:3OAM NEW ORLEANS, LA Tulane Law School 9:3OAM NEWTON, MA Boston College Law School 9:3OAM PALO ALTO, CA TENTATIVE Stanford Law School I:3OPM PHILADELPHIA, PA Sheraton Univ. City 36th & Chestnut 9:3OAM POUGHKEEPSIE Vassar College 9:3OAM CUNY Law School St. John's Univ. Law School 10AM 10AM/2PM/6PM QUEENS COUNTY 1) FLUSHING 2) JAMAICA - - Tinton Falls - 1157 Chapel Street - - - 384 East Avenue 9AM 2PM 9:3OAM ROCHESTER Days Inn Downtown ROCKLAND COUNTY Nanuet Sheraton Rose Rd. & Rt. 59 9:3OAM SO. ROY ALTON, VT Vermont Law School 9:3OAM SPRINGFIELD, MA WNEC School of Law 9:3OAM STATEN ISLAND Wagner College 9:3OAM SUFFOLK COUNTY 1) HUNTINGTON 2) SOUTHAMPTON Touro College of Law Southampton Inn 91 Hill Street 10AM/6PM 9:3OAM SYRACUSE Syracuse Univ. College of Law 9:3OAM/6PM TORONTO, CAN. TENTATIVE WASHINGTON, DC Georgetown Univ. Law Center GW Law School 9AM 6PM WHITE PLAINS Pace Univ. 9:3OAM/6PM WILLIAMSBURG, VA William & Mary Law School IPM - - - LIVE LOCATION BEGINS MAY 19TH TAPE LOCATIONS BEGIN MAY 25TH BAR REVIEW �andicy 194-5 tatements EBxoecautrivd CS For CaSSndiBtesA ecretary\Parliamentarian withthe Parliamentary procedure. I would not support this idea. Parliamentary procedure doeswork, //the people using itand the Parliamentarianresponsible for overseeing it,know what they are doing. While Idonotsupport scrapping parliamentary procedure, I would considermodifying the rules to simplify them for the SBA members unfamiliar with parliamentary procedure and allow for a more efficient flow ofbusiness. I previously have served as Parliamentarian ofmy college fraternity and I helped implementsuch a modified system there for much ofthe samereasons as the SBA might use such asy stem simplicity and efficiency. The SBA Constitution also requires the Parliamentarian to act as the SBA Secretary. It calls for theParliamentarian to post notices,agenda and minutesofmeetings something that has notoccurredconsistently in my experience. Theglasscase right outside the SBA office would be a great place for the posting ofthesenoticesand minutes, and it shouldbe utilized for such a purpose. I am running for thisposition because 1 believethatit can be an important factor inaddressing many ofthe challenges the SBA will face. To take an example ofthe pivotal role ofthe Parliamentarian, therecent controversy concerning what con- — - Emilia Chernyavsky, IL My name isEmilia Chernyavsky and I am ninning for the S.B.A.officeofParliamentarian/OfficeManager.Someofyou mayremember me from thelast election for Parliamentarian/ Office Manger. Unfortunately I was not successful in that election but I have decided to give it another try. Iknowtheproceduralmlesofßobert'sßulesofOrderand I have experience with the moderation of meetings from participating in Model United Nations. I worked through my collegeyears inamedicaloffice where myadministration and secretarial skills were developedand heightened. All ofthe executive officecandidates have wonderful, practical and strong ideas for strengthening the S.B.A. as an organizationand UBLaw School as acommunity. I too share these ideas with my ninning mates. I hope that you willalso give yourrecommendations and thoughts to me for the upcoming academic year. I see the position ofParliamentarian as a dedication to see the issues resolved. I would bemore than happy to spend my entire time in office aiding the implementation of good ideas whether they are those ofS.B.A. directors or ofthe general studentbody ifthese motions achieve theneedsand concerns ofthe sttidentbody. I have been attending S.B .A. meetings and have volunteeredmyassistance forS.B. A. projects. My continued commitment demonstrates mywillingness and eagerness to serve my fellow students. Ifelected, my devotion and attention will only increase to benefit the S.B.A.and ultimately,you. Thank youand pleasevote! - Adam Easterday. IL For those ofyou who do notknow me, my name is Adam Easterday. I am a first-year student seeking the Student Bar Association position ofParliamentarian/Office Manager. This is a very critical time for the SBA, the negative image ofthe SBA will be the very first hurdle for the new executive board. The Parliamentarian/Office managerposiFinally, Iwish to ask all ofyou,regardless ofyour opinion tion is as much a key to the smooth operation and effective ofwhathasoccurredwiththe SBA thispasty ear, to vote in these government as the President, Vice-President and Treasurer. the The SBAConstitutioncallsfor the SBA to operate underRobert electionsand then support peopleyou choose to elect. The Rules ofOrder, the most common standard ofparliamentary SBA isourforum,wemustuseitand supportit, ifwedo notwe procedure. Theserules generally provideorderand efficiency areonly apartoftheproblem thatwill not go away orgetbetter to meetings as wellas allowing for courteous and professional ifleftalone. This is really the most basic expression ofwhyI chose to run forthis office. Ifyou wouldlike to speakwithme debate and decision-making. Thisatmosphereofprofessionalism has been sorely lacking in the SBA. Theresult hasbeen a regarding theelection, SBA or any other matter, please drop me lack ofconfidence in the SBA andthus, alack ofeffectiveness. anotemßox6B,orcaUB36-2372.Thankyouforyour timeand Therearesome whohavesuggested that theSBAdo away effort Continued .. .Vice-President Statements , ... ... Brown, continued from page I a social This gathering will include a gathering. Co-sponsor keg, sodaandmunchies. Itwouldpromote studentinteraction andallow the co-sponsoring student group to promote their causeand encouragenew members to join. Thebest place to have these gatheringswouldbeon-campus, butI have to admit I havenotchecked out ÜB's policyconcerningkegs on-campus while the undergraduates are in session. I would also like to haveatwo-week period that wouldhavea variety ofevents that would promote competition between different classes (IL, 2L, 3L). Each sectionwould earnpoints forparticipation and forplacing in thetop five or six spots. Points wouldbe totalled and posted each day, and the winning class would earn bragging rights. This would be veryinexpensive and would promote interaction between differentclasses. Promoting interactionincreases school unity which can only bringabout positive results. Finally, I offeryou the samething I offerechny class in the Fall semester—COMMITMENT. All semester I have been committed torepresenting my classesbest interests. Ben Dwyer and I pushed for the ballot to be changed for the upcomingrecallelection becausemany ofthe firsty earswere concernedabout not getting to have a say inwho would be the new president ifthey voted not to recall our present president (this would only be the case if the current president were recalled). I also have not had oneunexcusedabsence from a meeting, in fact, I have been one ofthefew people whohave — PinionidßT Founded 1949 April 11, 1994 Volume 34, No. 14 Editor-in-Chief: Managing Editor: BusinessManager: News Editor: Features Editor: LayoutEditor: Photography Editor: ArtDirector: PaulH.Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Peter Zummo Evanßaranoff DanHarris Kathy Korbuly Staff Writers: Karen A.M. Bailey, Steve Balet, Saultan H. Baptiste, Paul Beyer, Joseph Broadbent, Les Machado, and Jeffrey Weiss Copyright 1994. The Opinion.SBA. Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editors. The Opinion is published every two weeks during theFall andSpring semesters. It is thestudent newspaper ofthe State University of New York at Buffalo School ofLaw. The views expressed in this paper are not necessarily those oftheEditors orStaff ofTheOpinion. The Opinionisanon-profitoreanization.thirdclasspostage entered at Buffalo, NY. Editorial policy ofTheOpinionis determined by the Editors. TheOpinionisfundedbytheSBA from Student Law Fees. The Opinion welcomesletters to theeditorbutreserves the right to editfor length and libelouscontent. Letters longer than three typed double spaced pages will be edited forlength. Please do not put anythingyou wish printed under our office door. Submissions canbe sentvia CampusorUnitedStatesMail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are theFriday before publication. stitutes a "general election" is a question that should be handled by the Parliamentarian. The interpretation of this question is properly directed to theParliamentarianfor aruling, this ruling could then beappealed by any memberof the SBA present. Tliis is howRoberts RulesofOrder dealswithquestions ofConstitutional and By-law interpretation. Machado, conlinuedfrompagel representatives are voting and whatis actuallybeing accomplished. Finally, if elected, I will be accessible at all times. Students oftenhaveideas forprojects, questions abouthow their moneyis being spent or complaints aboutsome aspect o flaw school. I will be approachable at all times, existing to serve theneedsand questions ofmy constituents: you. I believe it's time fora change. Individualsrunning for public office frequently fill their candidate statement with promises and goals that generally go unfulfilled. I simply pledge one thing to you today: to work as hard as I can to represent your views, ideas and needs. In his inaugural speech, JohnF. Kennedy challenged a new generation torespond to theneedsofthe country. As part ofhis invitation to them he said, "in your hands, my fellow citizens, more than mine, will rest the final success or failure ofour course." TheSBA is not the Executive Board, nor is it the Class Directors orthe committees on whichthey sit. It is you and you alonecan insure that it becomes an organization you can be proud of. I not onlybelieve it can, I know it will. Please help me realize that goal. Thank you for yourtimeand please vote on Tuesday or Wednesday. 1^ continually shownup only to findwedidnothavequorum. I hopeyou give metheopportunity tobeVice-President ofnext yearsStudentßar Association—the opportunity to make sure theSBA functionseffectively asavoice for studentconcerns. Thank you foryourtime,and evenifyou aren't going to vote forme, VOTE! Very trulyyours, Craig S. Brown ■ r---- —"■--■---- i — ----■"■-- —-■-"-1 The Opinion Editorial Board Election: 1 p.m. Friday, April 15 at room 724 O'Brian Hall __ i Anyone seeking a position on next year's Editorial Board must attend. All Editorial Board members and StaffWriters must attend. No excuses. Be there! ha«a-...- K a-___ MH M a. M a«a»aaai.a.a a.aaaia«aa.aaai M aa.a..aa.aa.aa.a.aaaia«a.al April 11,1994 The Opinion 5 �■ 1500 Broadway BAR REVIEW • New York, New York 10036 • (212) 719-0200 1994-95 Candidacy Statements For University Council • (800) 472-8899 ATTENTION 1995 GRADUATES ENROLL NOW Chris Castallo. UG - PAY LATER Last year, the voters in the UB Law School cast what endedup being the deciding ballots in the University Council Election. This year, the same is likely to happen. I havealready been campaigning at yourlaw schooland you haveall beenkind enough to letmeknow your feelings on important issues. To be honest, its not easytry ingto represent the27,ooostudentsat this university. Nextyear.l'dliketoput As a special promotion thru the month of April, you may enroll for the BAR/BRI 1995 New York Bar Review Course in one of two ways: some fresh ideas into action about these concerns. One ofthe ways is aUC Taskforce. The taskforce will include thesame numberofrepresentatives from each school, and will meet twice amonthto inform me directlyabout issues thatyou wouldlike to see raised atUniversity Council meetings. After eachcouncil meeting, the UC Taskforce will meet again so I canpersonally informthem ofwhat I accompli shed. This group willbe your personalcontact to meas yourrepresentative in the unlikely event that I cannot bereached. This idea,oneamong many, is evidencethateachschool, be itundergraduateorgraduate, isjustas importantasany other. By electing me yourUniversity Council Representative, each and everyoneofyouwill be insuring yourselvesofthatquality representation. When The Spectrum endorsed me, they said I was the candidate that was the' 'most in tune with studentconcerns.'' When the current University Councilrepresentative endorsed me, he called me' 'action orientedand a fighter for students' interests.'' These sources do not exaggerate. I have a lot in common withall ofyou. I wantto get my degree. I'm even interested in attending law school someday. Because ofthis, I willwork towardthe bestinterests ofthe entireUniversity, not justone division ofit. This year, again, you may bethe decidingvotes in avery tight election. Make the right decision by electing integrity, professionalism, and pride. Vote Castallofor council. Thank 1. Complete an enrollment application and put NO MONEY DOWN. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will hold the discounted tuition currently in effect. OR 2. Complete an enrollment application and include your registration fee of $75. This entitles you to receive selected BAR/BRI outlines for use this semester and also entitles you to receive the MPRE review book and lecture. As with option one, the registration fee, of course, also holds the discounted tuition currently in effect. There you have it — two options. Whichever one you choose, you get New York's and the nation's largest and most personalized bar review with a proven track record of success, and you save at least $125 off the 1994 tuition. Our anticipated 1995 tuition is $1550. By enrolling now, your discounted tuition will be $1350. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect in that state at the time of your enrollment. You To enroll for either of these options, see your representative or contact us at the above number. * BAR/BRI SCHOLARSHIP UPDATE Michael Pierce, UG * We arc pleased to announce that we have awarded more than $100,000 in bar review scholarships for the Summer 1994 New York, New Jersey and New England Bar Review courses. While other bar review courses advertise similar programs, BAR/BRI delivers what it promises. The purpose of the BAR/BRI scholarship program is to aid those students demonstrating financial hardship to defray the cost of their bar review course. BAR/BRl's continuing dedication to law students, combined with our comprehensive materials and distinguished lecturers, has once again resulted in enrollments surpassing all the otherbar review programs combined. In light of this scholarship program's success and our constant commitment to law students and the legal profession, we intend to continue this program for the 1995 academic year. BAR REVIEW THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE 6 The Opinion April 11,1994 . The American patriot/author Thomas Paine observed that In Americawe have it in our power toremake the world all oyer again". This is my pledge regarding University governance: It istime that we stopped being strangers to each other and to ourUniversity. lamconvinced thatwe must reinvent theprocess ofstudentparticipation inthe business ofthe University. Students have aright to know whatthey can expect frommy stewardship ifelected to the UniversityCouncil. We can look forward to the fo Howing: 1. I will table before the council a proposed Charter of rights andresponsibilities fortheUniversity. Thischarter will codify whatthe responsibilities ofthe University, through its administration, are to students. 2. I will reintroduce in the regular meetings of the University Council thequestion period, whereby thePresident and his officers will give answers to questions ofUniversitywideconcern. 3. I will introduce a resolution directing the VicePresident for finance to prepare forUniversity-wide distributionan easy to read digestofthe University'sbudgetrequest, before it isratifiedby theUniversity Counciland senttoAlbany. 4.1 will offeraresolution wherebythe Student Union will be managed by and forall students, through the creation ofa Union boardofdirectors. I am offering a new social contract to students at this University. This implies atwo-way relationship. Imustdoall in mypower tobereceptivetoyourspecial needs andconcerns within theLaw School. To that end I will maintaina working relationship withthe Studentßar Association, and willrequest a bulletin board where notices and information regarding University Business will beposted, alongwithresponse cards for student input. I also restate my pledge to hold Town Meetings twicea month inthe Student Union. Itwill be atthese meetings thatthe Agenda for the University Council will be made. Notices of dates and times for these meetings will be posted on the bulletin board inO'Brian Hall. Ihaveofferedaclearprogramofmyaimsatre-inventing University Governance. It is aprogram thatisboth realistic, andworkable. A common tlieme runs tlinnighouttheplanlhave offered, and thatisoneofparticipatory democracy. It is in the best American tradition to restate: That those who submit to authority should have voice in their owngovernance. We can come home from the alien world ofbehind the scenes power politics. We cancome home and claim the University as ours again, not simplybecause it is ours, but because ofthe goodand creative place that we together have made it. In peace, I dedicate myself to the task ofkeeping my promises. �1994-95 SBA Executive Board Candidacy Statements responsible for the management ofthebank' sentire securities portfolio. My dutiesalso included making daily investments andmoney transfers fromvarious accounts. lam currently aS .B.A. class director,and throughoutthe commotion ofthis past year, I have remained dedicated and constructive in myactivities. I was involved with theInvestigative Committeeas an impartial memberand I am currently amemberoftheS.BA. Bi-lawcommittee. Weareconstructing new procedureswhich will hopefullyprevent somepast S. B. A. problems from occurring again in thefuture. For instance, we are proposing stricterpolicies forexecutive officersregarding their fiduciary powers, and a newabsenteeism policy which will guarantee quorum atS.B.A. meetings. I have a number of ideas which will help smooth the operations oftheS.B.A. as it functions in conjunction with other organizations and the general student body. I welcome, however, all proposals, questionsand recommendations that you may have, so please come and talk with me. The Treasury position is one which entails many significantresponsibilities andrequires much commitment. Two important qualifications are dependability and accessibility to student organizations. The treasurer (andmaybe all S.B.A. officers) should have set office hours so that students can beassured ofdefinite times whentheirmonetary needsand questions can be addressed. I Hello fellow law students. also Treasurer. propose that a interval schedule be set up specifying for Suident Bar Association I am running Although I am running unopposed, it is still important that I maximum response times for encumbrances orreimbursedemonstrate that I am aqualified candidate for the position. ments. The treasurer shouldalsoprovide a periodic treasury Duringmyundergraduateyears at CornellUniversity, I report to the general student body which would observe the was Treasurer for the Ithaca Fire Department. My duties students'rights to theavailability andallocation oftheirfunds. Most importantly, the treasurer, along with each ofthe included reorganization and management of the company's and directorsshouldbeable to co-exist, also an otherexecutiveofficers I accounts and financialinvestments. was officer bank for Cornell University E.M.S. where my responsibilities in- cooperate, and compromise. No matter how strong the individual candidate, the S.B.A. will not function without the cluded assisting the treasurer. harmony of the organization. Please remember to vote on Upongraduationin 1990,IworkedforRochesterCommuTuesday and Wednesday. Andwhenyoudo,pleasedonotjust nity Savings Bank. AsaReconciliation Accountant, I reconciledthe in andout flow offundsfrom various departmentsand vote for the individual, but choose each individual as an accounts into otherareas. These lines were organized inmuch essential element of successful team. Lets stop the madness the samemanner as the S.B.A. treasury. After one year, I was and start working together to builda stronger 5.8.A.! Veiy trulyyours, promoted to the Treasury Division and held the position of Elizabeth Anna Jewett Securities Representative. As Securities Representative, I was Elizabeth Jewett, IL ... Dwyer, .a. ForT SCanBdiAte reasurer Certified Candidates for SBA General Election Spring 1994 (Candidates listed as theywill appear on the ballot.) Candidates for SBA President Roxanne Marvasti Ben Dwyer Mike Rickard Candidatesf6rSßAV.ce-Pres.dent Leslie P. Machado JohnL. Leifert Craig Brown Candidates forSB APariiamentarian Emilia Chernyavsky Adam R. Easterday Candidate for SBATreasurer Elizabeth Annajewett Candidatesfor University Council Rep. Chris Castallo Colleen O'Neill Michael Pierce President Candidacy Statements Continued ... Richard, continuedfrompage 1 continuedfrompagel aid the SBA board in clarifyingand modifyingproposals and more, I willlook intoamending the SBA constitution to more in aconstructive debate on change. That ismy top priority. I actions. 5-Faculty Roast: Goals: team building, law student effectively deal withproblemsamong thedirectorsand execualso hope to fosterthealready strongsenseofcommunity at U.B. Lawthroughnewandimprovedsocialevents. Ihopeto increase solidarity,bridging a gapbetween IL, 2L,and3Lclasses. This tive officers. S.B.A. accessibility and accountability through better notice can be intheformofasubsidized,nicedinnerand dance evening 2. Students& SBA- Students deservetoknow how SBA about S.B.A agendas and Directors' attendance and voting combined with spoofskits ofthe faculty, their mannerisms, is working for them. I will make surethatthe agenda of each records. I hope to help studentorganizationsbyrunning amore teaching styles,pet peeves, etc. Faculty members invited. All SBA meeting is posted beforeeachmeeting sothat studentscan efficientS.B.A. office.Fiiially.lhopeto boostthe imageof the created, produced, written , directed and acted by the law see whatSBA isplanning and also post the results after SBA Law School by holding a' 'community service day" and by students. Withoutadoubtourprofessors have given us lotsof meetings. 3. SBA & students groups-1 will schedule monthly material. This may be the start ofa fine tradition. gettinga big name speaker or two to come to ourcampus. 6-Debate: Goal: highattendance and interest, sense of meetings withstudent organizations' leaders to address their Ifyouare fed up withstudent government, Ihopeyou'll give it another chance by voting Tuesday and Wednesday. community. Strive for good speakers and skilled debaters. concerns. Demandbetterfrom yourS.B.A. andfrom yourLaw School and Opento law students only. School closings-Thiswinter, wehadclasses whenthere 7-Reconsider SBA Constitution and amend By-Laws: wasa 50 below windchill.Mostareacolleges including ECC, you'll get it. Goals: efficiency, productivity,andclarity: Thisrefers to only Buffalo State, etc. wereclosed and yetthelaw schoolremained ...Marvasti, continuedfrom page 1 two parts. The SBA constitutionrequires the useof thebook open.For many students, the weatherconditions were unacevents remember that the people involved in the recent SBA Robert'srulesof order. That book directsthataquorum which ceptable for traveling to school. If elected, I will review the firstand devotethere timeand to their constitutes 2/3 ofthe SBA board to be present at each SBA school's closing criteriaand see what canbe done to ensuresafe energies they are students final meeting inorderto make decisionsand make themeeting count. conditions forstudents. exams. upcoming I am a pragmatist, and I assess and approach situations Our constitution also states that two unexcused absences, by Tuition increases-I willorganizebetterprotests against withreahsmandahealthydoseofbalance. I viewthe SBA goals any board member are grounds for automatic dismissal. The New York State's policy ofconstinuous tuition hikes. By as long and short term. In thelongrun, the SBA mustcontinue dilemmaemerges whena quorum is not present, and thus the registering more students tovote andhelping them find outhow to beastudentbody advocateand address issues suchas the non meeting thattook place isconsidered not to have happened at their representatives voted, we can make a more choice of exclusive use ofthelaw school facilities, the lack ofcommon all. Based on thelogic, ifthere was no meeting., there could be officials who will keep in mind the consequences ofconstant areas to law students, and theperpetual tardinessofthegrades, no absences. Asaresult, all thememberswho habitually miss tuitionhikes. Rating the classes- We'veall had classes where wefelt on an ongoingbasis, so as to constitute afoundation for long term meetings are not dismissed from the board,and the only ones changes. In the shortrun,l view theSßA'sroleasaconcentrated who getpenalized are thosewho are conscientious enough to thatwe didn't learn as much as we wouldhave liked. 1work to means to put the studentfee to good use for the students,and allot time to attend meetings. Should wecontinue to use this expand thealready establishedratings system forinstructorsso workondevelopingasenseofcommunity,belonging,andpride requirement? that students can better choose classes that will meet their among thestudentbody. To dothat I propose toaccomplish a Amend by-laws: It mightbe aworthwhile idea to amend learningneeds. few specific goals to make us feel alittle more cared for and the by-laws to include checks and balances at a much earlier Research and writing-Thereis room forimprovement strengthen our sense ofsolidarity andesprit de corps: stage in theprocess ofusing funds. For instance, a procedure in theresearch and writingclasses. I will work to improve the 1 -Coffee and bagels for the first two weeks in January where two signatures arerequired at all times in expenditure research and writing classes with thehelp ofvolunteeralumni when wereturatoschooland therestofthe university isclosed. offunds, mayprevent possible future problems. IfI amelected or students, so that the classes allow greater refinement of Goals: Tangibleuseofyourstudentfee,andtheconvenience president, I will appoint acommittee to considerthe Constitu- research and writing skills. and comfort will simply make you feel good. tionaland by-lawmatters urgently,publicize itsmeetingsand The foundation ofan effective student government is act ive parteicpationby the studentbody. Working together, we invite and encouragestudentparticipation. 2-BetterLaw School Book StoreHours: Goal: conveThe proposed issues help inmaking our tenure at the law can steer student government in the right direction. The first nience and comfort ofthe law students; this is particularly important at the beginning ofeach semester. Through negotia- school, a more pleasant experience. Ifyou feel comfortable step is participating in the electoral process. Vote for Mike tions with the decisionmakers SBA must try forexpanded and withmy ideas, please vote formeandgivemetheopportunity Rickard for SBAPresident. I'll workhard to serve thestudents to serve you, and help make the upcoming yeara happy and and to get herwecan improve ourschool and get the most outof moreconvenient book store hours. 3-ClockFor theLobby: Goal: comfortandconvenience; enriching law schoolexperience. ourlaw school experience. it will be useful, practicaland nice to have one! 4-Student Survey/Maximum Input: Goals: opportunity Next and Final Issue ofthe semester: April 19. for studentvoice andcommunity involvement, and opportunity for the SBA to serve the students better. This can be a tool to Submissions due Friday. April 15. April 11,1994 The Opinion 7 �** ATTENTION ** Last BAR/BRI Table of the Semester Will Be On WEDNESDAY APRIL 13th This is your last chance to: 1) Lock in your discounted tuition 2) Pick up your books BAR REVIEW Good Luck On Finals buf � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-04-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/11/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2719c45bcf26f1be96d9c5d90ac9bb40.pdf a0e571b4994bb7f61ddf125ba268fcb1 PDF Text Text Bringing the issuesto thestudentssim el949 THEOPINION Volume 34, No. 15 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW April 19,1994 Dwyer Elected SBA President Machadojewett, Easterday Capture Executive Board Seats By Evan Baranoff. Editor-in-Chief 1994-95SBA GENERALELECTION RESULTS BenDwyer, 1 L,waselected Studentßar Association president April 13, winning 53 percent of the vote. Leslie P. Machado, Elizabeth Anna Jewett,and Adam R. Easterday were elected vice-president, treasurer and parliamentarianVo fficemanager respectively. TheSBA generalelection tookplaceon April 12 and 13. Only 354 law students voted in the general election,amounting to a turnout oflessthan 50 percent. Approximately 450 law studentsvoted in last year's general election. In the presidentialrace, Dwyerreceived 187votes, defeating Roxanne Marvasti (2L), who received 136 votes, and Mike Rickard (1L), whoreceived 31 votes. In the race forvice -president, Machado won 45 percent ofthe vote. He received 143 votes, to Craig Brown' s (1L) 97 votesand John Leifert's (1L) 79 votes. Jewett,whoran unopposed for treasurer, received2l2 votes. SheriKeeling, IL,whoran as a write-in candidate, received 45 votes. The parliamentarianrace was the closestrace ofthefour. Easterday won the seatby six votes, defeating Emilia Chernyavsky (1L) byamarginof 152 to 146votes. Dwyer said the new Board will work verywell together inaddressing shidents 'con- cerns. "MygoalistomaketheSßAarespectableand cohesive organization able to workas a team to tackle many important issues,'' he said. Dwyer said theadministration needs to listen more to the students, adding that he wants to work withthe administration to addressthe many concerns studentshave about thelaw school. Complaintsraised by students included late grades, limited course selections and inadequate Research and Writingclasses, Dwyer said. ' T don'tthinkthattheSBA this year did enough to get theadministration to engage us indialogue overtheseproblems,'' Dwyer said. "We need to get theadministration to sitdown withus." AfteralLheaddedV'Thestudentsare the raison d 'etre ofthe law school.'' Dwyeralso said he wants to "fosterand strengthen asense ofcommunity atUBLaw,'' which he said was "soured" by the SBA's infighting. ' 'Arespectable SBA helps create a more friendly community atmosphere,'' he said. One ofthe things Dwyer proposes is a community service day where law students can volunteertime on apublic service project. ThenewExecutive Board officers will take office on May 1. SBAPresident: Ben Dwyer 187 Roxanne Marvasti 136 Mike Rickard 31 Ben Dwyer SBA Treasurer: Elizabeth Anna Jewett 212 *Sheri Keeling 45 ElizabethAnna Jewett Adam R. Easterday * Signifiesawrite-in candidate Proposed Administrative Fee Irks Student Leaders byJoseph Broadbent, iFeaturesEditor University administrators have recently proposed the creation o faStudentFee Administration Officethat would act to oversee the handling and processing ofspendingrequests submitted to itby the student governments, a jobcurrenuyhandled jointlyby Subßoardland theadministration. The Officewouldbefunded by a 2 percent fee ofthe budgets ofeach ofthe seven studentgovernmentson campus. In February, Dean ofStudentsDennis Black circulated a proposal to create a new office to serve as an oversight in the area of student governmentfinances. Theoffice would berun by one mdividualand wouldreview the various spending requests submitted by studentgovernments. Black said that he came up with the proposal not to control the student governments, butasan effort to preserve thepowerthe governments have to decidehow to spend their budgets. Hesaidthattherehavebeenanumber ofrecent improprieties, such as thepocketing ofadmissionreceiptsby governmentmembers and events which have resulted in plea bargains in criminal court, which demonstrates that the organizations aren't able to handle By Evan Baranoff,.Editor-in-Chief Student Bar Association President Saultan Baptiste yesterday announced his to allow me, as wellas resignation as SBA president. Baptiste's resignation comes hoursbeforehewouldhave faced a recall election. "Faced with near certain recall or resignation, Saultan chose the less embarrassing option," said now acting SBA presi- exams, which begin on April 25," wrote Baptiste in his letter ofresignation. ' 'The timenecessary to campaign against arecall, whichwouldallow me toremain in office for one additional week, wouldbe wasted inlight ofmy long term academic responsibilities.'' Baptiste's resignation is effective as ofmidnight April 15, according to his letter. Beyer will now act as SBA president until SBA President-Elect Ben Dwyer takes office on May 1. Therecall election scheduledfor yesterday and today was cancelled uponreceiving Baptiste's letter ofresignation. ''The onlyreason for th isresig nation is I SBAParlimentarian/ OfficeManager: Adam R. Easterday 152 Emilia Chernyavsky 146 Baptiste Resigns On Eve Of Recall dentPaul Beyer. Leslie P. Machado SBA VicePresident: Leslie P. Machado 143 Craig Brown 97 John L. Leifert 79 othermembers ofthe law school community, toconcentrate on the more important goal ofpreparing for final on behalfof the other student governments, theirresponsibilities properly. Part ofthe problem, he said,is that Sub SBAPresident Bap tisteexpressed disapproval Board I, whocurrently doestheaccounting for ofthe proposaland offeredtomeet withB lack to discuss alternative proposals. The letter the student governments, is run byand controlled by the students it is supposed to be called the proposal a "wasted effort" and watching over. As a result, he said, it isn't statedthat theproblems couldbe solved through likely to tell the student governments what less drasticmeanssuch asreducing theamount ofpaperwork createdby the governments and they can and cannot do. Currently,student governments submit training the student governments to better spending proposals toSubBoard I, whichthen review theproposals. Theletterwentontosay reviews theproposals to ensure that they con- thatthe proposal would greatlyencroach upon form to proper procedures. Once Sub Board the governments' power to spend their own givesapprovaLtheproposals must bereviewed money. by theadministration to ensiue thatthey conWilliam Hooley, executive director of form to State Trustees' guidelinesbefore the Sub Board, also stated that there are other funds are disbursed. Under the proposal, one optionsavailable such as having the student person who is independent from the student governments grant SubBoard the greater oversight power, which would eliminate the need governments will beassigned the task ofrefor a separate office. Hooley stated that the viewing theproposalsand helping thegovernments better manage and use their funds. officeisn'ta bad idea but using studentfees to SubBoardand thestudent governments fund itis. Like many other opponents ofthe are decidedly opposed to theplan. Opponents proposal, he doesn'tthink the studentsshould say thatthe job ofreviewing proposals should be done by theadministration. They say there isnoneedtocreateaspecialofficeandnoneed to appropriate part oftheirbudgets to fund it. Most opponents feel thatthe proposal doesn't conform to the Trustees' guidelines, which they say gives theadministration a limited role ofmerely seeing ifthe proposals conform to the guidelines, not passing on their wisdom, as they believe the new office will do. They also feel that the administration caiuiot take part of thestudent governments'budget and spend it for them. Inaresponse to Black's proposal written haveto pay theadministrationmore money to do what is already its job. Black maintains that something must be done soon before campus or state officials decide that the current system isn't working, whichcould lead to a transferoffiscal authority back to the University. He insists that he wants to see shident control continue, but that something must be done to stop the way that governments are currently abusing the system. He said that the goal ofthe plan is to help the governments plan and organize the way in whichthey spend theirmoney. HIGHLIGHTS Speaker Says Democracy Is In Trouble Editorial and Opinion Mailbox Senior's Week Agenda 3 4-5 7 �_I*ieper People Pass!!! / / \ Come and see what \ • l i n everybody's talking i I J/ I / k \ \ / Every attorney I've / ever met said i must take Reper to \ pass the NY Bar J r (J V j / / I better send in my $150 \ deposit to receive those great looking Textbooks / and Appellate Alert Digest!/ AjPt \ \ j \\J \jt £ Don't be left out of the conversation!!! You passed too? That's great! I I couldn't have prepared any \ better!!! I'm glad I switched to Pieper!!! J gf) Ji~ X C <W V V 1 *i \ (of course I passed! \ , took pieper. •<: I couldn't have done lit without them! Find out why everyone's talking about PIEPER!!! CALL 1-800-635-6569 �Help Available ForVictims Victory! Of Domestic Violence by JoeBates, Contributor One ofthe mostbasic rights is theright to be safe in one's home. This was the topic oftherecent talk by The lLJessupMoot Court Team was victorious at the Fasken-Cambell-Godfrey International Moot Court Competition held in Toronto on March 19. From Left to Right, FrontRow: Les Machado, Bridget Cawley, Liz Goldberg, NicoleJohnson, Karen Bailey,Kristin Jones. Backßow: William Thomas Gargan.SadaManickam, Scott Rosenberg, andPeter Beadle. SuzanneTomkins, "Women'sand Children's Rights: A Local Perspective," sponsored by the Graduate Group on Human Rights. Ms. Tomkins sits on theErie County Commission Against Family Violence. The discussion focused mainly on domestic violence against women. Tomkins began her talk with some startling statistics. Overall, women are safer in the streets than in the home. Some 50 percent of homicides are committed by intimates, and2o percentofall women seekingmedical treatmentneed itdue totheresultsofdomestic violence. In the State ofNewYork, domestic violence is thelargest cause ofinjury to women. Closer to home, the Buffalo Police Department answers roughly IL Jessup Team Recaptures Fasken Championship For UB UBLaw Tortfeasors 'Beat That By Karen A. M. Bailey, NewsEditor Cornel West, directoroftheAfro-Ameri- can Studies Program at Princeton University and author oftheNew YorkTimes bestseller, '' Race Matters,'' addressed alarge audience atUß's AlumniArenalastmonth. TheProfessor ofPhilosophy, who has eight additional books to his credit, was the guest lecturer for the Buffalo Federation of Neighborhood Center's Centennial Celebration Lecture. In introducing West, university president,WilliamGreiner pointed out thatfew academics today have as broad an impact on the critical questions that wehaveabout race and class.'' Central to West' s address washis concern with the preservation of "the best of tradition inorder to ensure the survival ofa truly democratic society. West, who considers himself' 'a beneficiary ofand joyfulparticipant in the African-American tradition of struggle,'' focused on the importance ofsubscribing to the "radical democratic tradition He described this concept as involving ' 'the notionthat everyday people ought to beable to live lives ofdignity.'' According to West, this approach is radical in view ofthe fact that "throughout history, ordinary people have been forced to defer to unaccountable elites and have had their humanity rendered invisible.'' For example, he asked his audience to consider whetherthosewho builttheEgyptianpyramids did so voluntarily or evenhad theopportunity to build monuments to their own existences. Addressing examples in American history, With theViolence AgainstWomen Act theFederal Government has dedicated more resources to provide education, counseling, and shelters for women and children. The biggest task, however, is simply to inform victims that help is available. Tomkinsdefinesdomestic violenceasa pattern ofbattering and abuse. It is a systematic use of intimidation to maintain control, not justa single violent argument. Domestic violence can take many forms, and it'snoteasy for the victim to get the help she needs. The modern movement to helpbattered women started in the 1970swith theopeningof shelters and counseling centers. In 1990, the Law SchoolTask Force onDomestic V iolence began working withHaven House,a shelter for battered women, offering volunteerlegal services to victims ofdomestic violence. Down' Competition byJeffery Weiss, StaffWriter To steal the words of Supreme Court Justice Harry Blackmun, who stole them from former Justice Byron White, who for some bizarre reason stole them from the Grateful Dead,''What aride it' s been." This memorable quote accurately describes the phenomenal season that the first year law school intramural volleyball team justwrapped up. This hard working group of student athletes went by the name of "The Tortfeasors" and quickly put the rest ofthe volleyball world on notice that they were a force to be reckoned with. They battled their way to aregular season record of seven wins and three losses, followed by a playo ITrun that saw them make itall the way to the divisional championships. 1991 and 1992. The competition, sponsored by the FaskenCampbellGodfi-eyInternational Law Toronto-based law firm Fasken Campbell Moot competitionwhich was heldonMarch Godfrey,provides an opportunity for firstyear students to prepare and present oral 19inToronto. The team,which consistedof ten firstargument onan internationallaw issue. This year the actual competitionrounds were held year students selected from February'sintramural competition, placed first in all three in the Federal Court ofCanada. Each team award categories. Peter Beadle and Kristin participated in two rounds oforalargument Jones won the award for "Best Applicant with each team member allocated 20 minTeam" while "BestßespondentTeam'' went utes eachround. The question presented this year intoKaren Bailey and Scott Rosenberg. The overall scores for these teams, volved thefictional country ofßalboa,which combined withthe scores for NicoleJohnson was detaining aprominent humanrights lawand SadaManickam (Respondent) and Elizayerand her family, as well as several hundred bethGoldbergand WilliamThomas Gargan people fleeingcivil strifepending theirreturn (Applicant) helped UBLaw win theawardfor to theiroriginalcountries. Teams represent"Best School." Les Machado and Bridget ing theapplicant country ofFreedonia tried to Cawley were the team's alternates. Syracuse convince the "judges" sitting onthe InternaUniversity,ComellUniversity,Osgoode Hall tional Court of Justice that the detainees atYorkUniversity,UniversityotTorontoand should be released to Freedonia. Teams Queen's University were theothercompeti- representing the respondent team ofBalboa attempted to convince the ICJ thatBalboa's tors. Lasty ear,Syracuse wontheaward for decisiontoreturn the parties to their original "Best School," beating UB by less than a countries,rather thanallowing them to go to point. UB however, wonthe competition in Freedonia, was the proper course ofaction. byM. Bridget Cawley, Contributor UB Law School swept this year's the Speaker Warns Volleyball: 20,000 domestic violence callsa year. fastand hard, withan offensive onslaughtled by Shannon Mclntee, Dave Zagon and Scan Kemiedy. Their merciless attack often left opposing teams with a look ofhorror in their eyes. TheTortfeasors were notcarried by one or two players, but put forth a full scale team effort every timethey entered the gym. This team featured suchhardhittersas Terry Brophy, Siioba Rourk and Jenifer Scalisi, as well a defensive standouts Gina Di Gioiaand Jeffery Weiss. By mid-season, a team cohesion had developed and thefear began to spreadaround thecampus. There wasa newkid onthe block and they meant business. The most important thing thatcame out of this experience was that all of the team This groupofdiggersand spikers should members had a lot of good clean fun. Law be proud ofthe fact thatthey displayed class, School can be a miserable place where you teamworkand sportsmanship onthe gymfloor. have to dealwith uptight studentsand crabby However, opposing teams soon discoveredthat professors, butthe membersof theTortfeasors they should notconfusesuchexemplary behavare proudest ofthe fact that they were able to iorwithsoftness. Simply put, theTortfeasors take a few hours offeach weekandenjoy each other's company. Hopefully, the rest ofthe specialized in handing out beat downs. Captain Sada Manickam had this focused group Law School will follow theirlead andputaside pumped up for every match. This team struck some time to blow offsome steam. Market Culture Threatens Democracy West emphasized that the tradition of white malesupremacy "was like a serpent wrapped around the feet of the table on which the Declaration o flndependence was signed.'' He Addressing solutionstothe nation'sproblems, Dr. West stressed the need for public conversation in order to create bondsoftrust among differentgroups in society.'' He emphasized that empathyand compassion, love, pointed out that where "ordinary people's liveshave beensubordinated,manipulated and devalued" by supremacist ideals and economic inequity, "the resulting despair, distrust,poverty and paranoia creates a sense of political incompetence [i.c] the feeling that individuals can'tmakeadifference."Dr West explained thatwhenthis happens it becomes impossible to give power to the word people and cautionedthatthe sign ofa democracy is decay is one thatcan no longer put a premium onthepublic." Accordingto West, theexistenceofthe market culture is a major phenomenon that makes it difficult to preserve democracy. He described thisas " the rapacious, rugged and ragged individualism at work in the United States wherewe feel that only our individual lives are crucial." In his esteem, when ' 'the private becomes sacred, we associate public issues with disgust and squalor." He explained, for example, that the association of public educationwith A frican-American youth and the welfare system with African-American women prevents problems in these areas from being viewedas national priorities. He explained that this individualistic approach prevents recognition "ofthe overlapp ing our destinies as groups in society who are tied together by the problems that we face.'' Citing specific issues that need to be hope and a sense of history are necessary to Spectnu SeoYTbe Susan combat the currentloss ofdemocracy and economic decline. He explained that love is necessary in order to communicate experiencesand to equipindividuals to enhance the livesofevery day people.'' A senseofhistoryi.e. a sense of each other's contributions to history- providesrecognition ofour interconnected dependencies, according to West. Inhis opinion, when American history is taughtwithout information on individual group histories, "itis impossible to engenderempathy, sympathy and compassion about theplights ofother Cornel West, Princeton University groups." In conclusion, he stressed the imporaddressed, Westpointed out thatonepercentof Americans control 48 percent ofthe totalnet tance of individuals "making a difference financial worth, 20 percent ofAmerican chil- even when their acts may seem invisible." drenlive in poverty and noted that 51 percent According to West, individualefforts at soluofßlack childrenand 42 percentof"Brown" tions are still visible to othersand "weneed to children are poor. ' 'This is oligarchic, pluto- realize that ourworkhas ramifications bigger thanourselves." cratic and pigmentocratic," he asserted. The JoeAntonecchia United Farmworkers Internship In Joe'shonorand memory, LAELA and LALSA have startedthisinternship to provide a first or second year law student will intent for 10 weeks with the UFW in California representing and advocating forfarm and migrantworkers. A Table will be setup outsideroom 106 from 8 a.m. to 3 p.m.Today andTomorrow for donations. Checks may be madepayable to Sub-Board I\Joe Antonecchia UFWInternship and may beleft in Kevin Collins' BOX # 630. Any and all donations wouldbe helpful and greatly appreciated. Peace and rock on! April 19,1994 The Opinion 3 �sdfasdfsdfsdfsdf PePINION jBJH Founded 1949 Volume 34, No. 15 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: 1994 Evan C. Baranoff Peter G. Zummo LisaC.Nasiak Karen A. M. Bailey Joseph Broadbent Vacant Vacant Vacant Staff Writers: Paul Beyer, Dan Harris, Leslie Machado, Sharon Nosenchuck, Jeffrey Weiss Contributors: JoeBates, Bridget Cawley an( Computer Consultant: Peter Beadle EDITORIAL Nightmare at UB — cj How many of you thought when you looked at your course selection booklet: "Is this it?" Many students labored during these past few weeks to try and find four courses that they found interesting enough to register for and that didn't conflict with each other. A scarcity of courses, time changes and cancellationsmade registration a nightmare for many students. Even beforeregistration materialscouldbehandedin, at least one class had already been canceled. The paperthat the course list was printed on was still hot when a parade of other changesbegan to confound students trying to make some kind of sense ofnext semester's schedule. And, to add insult to injury, some cancellations were not even posted. Conflict ofLaws, for example, was canceled with no advance notice to students, leaving many of us in the twilight zone, unknowinglyregistering for classes that will never meet. Registration was so botched this semester that there will be another "pre-registration period beginningThursday, April 21, to May 10, when students will beable to drop/addcourses, hopefully ones which will still exist next week. In light of these problems, there is obviously a need for greater coordination between the faculty, A&R, and the students. Although we understand that unforseen events will arise, there is no excuse for the inefficiency ofthe current system. AndNowFor Something CompletelyDifferent: The Opinion: The Next Generation The new Editorial Board ofThe Opinion plans to continue itsmission of informing students about events occurring at the Law School and providing students with a voice to share their ideas with the community. We encourage students to assist us in this effort by becoming a part of The Opinion. We would like to take this opportunityto thank the outgoing Editorial Board members for an outstandingyear. Thank you Paul, Kevin, Sharon, Dan and Kathy. You will be missed. .. "Congress shall make no law .abridging the freedom ofspeech, or of thepress ..." — theFirstAmendment Copyright 1994. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpressconsent oftheEditors. The Opinionispublished every two weeks during theFall andSpring semesters. It is the studentnewspaperoftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinionis funded by the SBA from Student Law Fees. The Opinionwelcomes lettersto theeditor but reserves theright to editfor length and libelous content. Letters longerthan two typed double spaced pages will beedited for length. Please do notput anything youwish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall.ButTalo.New York 14260 (716)645-2147 orplaced in law schoolmailbox 290. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorialBoard ofThe Opinion. 4 The Opinion April 19,1994 OpM ino ailbox SBA President Paul Beyer's MessageTo Students Ke yearago, I could not have thought roleofadjudicating SBAconstitutional issues Idbewriangtheend-of-the-semester suchas those thatarose tiVs year. Inaddition, ialmessage to the student body. At President-elect Ben Dwyer put forth by-law that time, Saultan Baptiste and I, as running revisions that would increase the fiscal acmates, had won the Presidency and the Vice countability ofSB A Executive officers during Presidency, respectively. We had all hoped the summer months. Enactment oftheseand thatthe mayhem in theprevious SBA wouldbe otherrecommendations would goa long way a thing of the past. Unfortunately, as was towardavoiding some ofthe confusion and Dainfullv evident diis year. such was not the eridlock ofthis oast year. I would also like to thank Saultan for his To dwell on the negatives ofthe pasi c to the SBA. Wrule I am dismayed by would only perpetuate the currentpessimistic entaccusationsofracism in hisresignaattitude toward the SBA. Rather, I tion letter, as well as his questionwouldlike to congratulate thefirst able conduct as President, he deyear classfor theirunprecendented votedaconsiderableamountoftime showing at the polls last week, to his position which cannot go unwhich resulted in an Executive recognized Board comprised entirely of 1L's. President-elect Ben Dwyer and Finally, I close by relaying a Treasurer-elect Elizabeth Jewett son that I learned from the proconsistendy remained above die longed conflict within the SBA this SBA fracas and lent a moderating ('ear; a lesson thatwas articulated to force to our proceedings. Their ue so compassionately bySBAPresipropensity forreasoned diplomacy dentialcandidate RoxanneMarvasti. will comeinhandy nextyear. Joined It is that we are all here primarily to by their classmates Les Machado learnthe law andto begin to uphold and Adam Easterday, they present a good the ethical standards which are essential to a opportunity fora strong, moreunifiedSBA; a professionmneedofimage-btulding. Outofa promise that Saultan and I were unable to commitment to ourselves, our future clients and die entire profession, extraneous activiAs apractical matter,the SBA woiddbe ties, such as the SBA, need to be secondary. well-served by adopting a numberofby-law Thus, if the SBA should once again fall into revisions that I and a committee of Class disarray, please be reminded diat there are Directors have developed this year, not the more important things, such as integrity and least of which being a stringent absenteesim the respect ofour colleagues, with which we policy which will be considered at our next should concernourselves. meeting. 3L Class Director James Lynch has said, good luck with your finals, proposed the developmentofan independendyer employment and job searches, and elected SBA Judiciary which would serve the :ON! k t kThat ••• ■—- i i i —--— ———--—---——--————— IVI. illID OX, continued nextpageand page 7 This is the last issue ofThe Opinion this semester. Good Luck On Finals and\or the Bar! —-i I ! | �By Sharon Nosenchuck Labels Fuel For Thought News Editor Emeritus Mujawamaliya's Survival An Inspiration Monique Mujawamaliya is alive, unlike tensofthousands o fher fellowRwandans. Ms. Mujawamaliya, who spoke at the Law SchoolNov. 30,1993, was feared to have been ofalocal Christian cleric, she was able to get to a hotel whichhad been serving as a press center for foreign journalists. Foreign diplomats made arrangements for Ms. Mujawamaliya to be evacuated. As only for- howlucky we are to have such petty things to complainabout, when others,both in our own country and abroad, have so many other, really serious things to complainabout. Itkind ofputs tilings in perspective to thinkabout those living through thechaos in Rwanda versus the chaos killed in the violence that has enveloped Rwanda inrecent weeks. Ms. Mujawamaliya eign nationals or those deemed their equivawas on the telephone to Alison Dcs Forges lent were able to beevacuated by international ofour ownlaw school lives. when soldiers burst into her house in Kigali. relief flights, Ms. Mujawamaliya toldauthoriIn addition, I wouldlike to encourage all Ms. Dcs Forges, who, in a separatepresentaties that the cleric who helped her was her 0fus to thinkabout and rememberthosearound tion,also spoke at theLaw School lastsemeshusband, so thathe could escape under Cana- usthatareless fortunate than ourselves. Aswe ter, is a local Buffalo woman who is on the dian diplomatic protection, too. concentrate on our schoolwork, and later, on BoardofA frica Watchand is an international ourprofessional li yes, I hope that we will have puts things in authority on Rwanda. Fortunately, Ms. It kind compassion, sympathy,and empathy forthose arounduswho areless fortunate than ourselves. Mujawamaliya was able to make a daring perspective to think about 1hope thatall ofus here in theUBLaw School escape fromRwanda and is nowreported to be those living through the chaos Community under the diplomatic protection ofthe Canadon't getso caught up in what is in Rwanda versus thechaos dianGo vemment going on in our ownlives thatwe forget about those less fortunate, that we continue to think I won't go into detailaboutthelife ofMs. our own law school lives. aboutthem and try to help them, each o fus in Mujawamaliya or the history of the ethnic Why do I think it isimportant to bring to our ownmdiv idual way, each ofus in the way strife in Rwanda. For those ofyou whoheard the attention oftheUB Law School Commuher speak here last semester orwho read the that we can be comfortable with. activities ofthisonewoman fromatiny article thatwas wrinenabout her inThe Opinnity the As I write this, my last piece for The ion, you already know about the work ofthis African country? Well, for several reasons. Opinion. I'd like to say how much I enjoyed courageous humanrights activist from central FirstofalLforthoseofyouwho heard herspeak working on The Opinion. I would like to Africaand how theroots o fthepresent conflict and whoreadabouther andwereworriedabout congratulate my fellowmembersoflastyears's in Rwanda have been developing overthe past her safety in this troubled time in Rwanda, I editorialboard on the great jobthey did. It was wanted to let youknow that she isaliveand has apleasureworking witheverybody who helped decades (see the November 2,1993 and December?, 1993 issues ofThe Opinion). Ms. leftRwanda. Also, I wanted to share some of to put the paper out. And I would like to wish Mujawamaliya organized the broadest-based my thoughtsaboutthiswoman andwhatwecan the new editorial much luck for the future. andmosteffectivehumanrightsorganization learn from her. I would like to wishall ofyou good luck As the end of the semester and finals onyour finals. Congratulations to all whoare in Rwanda. She is an internationally acclaimed humanrights activist,who, dining her approach, and, for those graduating, the bar graduatingthis year. And, as you get caughtup trip to the United States last year, not only review classes and Bar Exam loom ahead, all in the craziness that always surrounds law spokeatUB, butwasalso honored by President ofus are great at complaining howmuch stress studentsas they study for finalsand/or theBar weare under andho w we have so much to do, Exam, please try to strive for grace under Clinton at the White House. we don't know howwe will beable to finish it pressure, and remember the example of Ms. Mujawamaliya was able to leave Rwanda after being designated an honorary all. We talk about how "tough we have it. Monique Mujawamaliya, awoman who, in a Canadian citizen. After hiding for five days However,as I thinkaboutMs. Mujawamaliya's truly stressful and life-threatening situation, whileher neighbors werebeingkilled around situation, I realize howlucky we are, to have due to her ability to think quickly and act her,Ms.Mujawamaliyabluffedherwayoutof such small complaints in life. Atthis stressful intelligently underpressure, was ableto keep herneighborhood inKigali. Then,withthehelp time in the schoolyear, we should contemplate her cool and stay alive. of of .. .Opinion Mailbox continuedfrom page 4 Etu Resigns As Class Director To The Editor: I regret to inform you that Iresigned as StudentBar Association First Year Delegate asofMarch22. I feel a need to apologize for ho wpoorly the SBA has functioned this year butrecent events have demonstrated thatmy actions are notresponsible forthat. I became invol ved in the Recall because I felt Icouldbefairand impartial. I also wanted thelp you,as a student,voice your opinion on this very controversial issue. I feel I did execute my duties equitably. However the represented yourinterests. Irefuse tocontinue board overrode my opinionsas chairpersonof to dignifythis silly SBA nonsense with sincerthe Recall committee on several occasions. ity. I have beensubjected to harassment and abuseranging fromverbal topop cans, to,what Susan M. Eto, 1L I would term afrivolous lawsuit. Itisapparent Wrong In Denying thatno matter how hard I and your other delegates try to represent your interest they are CLS a Charter frustrated by selfinvolved individuals. To The Editor: So, while I can not apologize for the 0nApri113,1994 theSBA votedBto 1 ridiculous manner inwhich SBA has operated, (with 2 abstentions) to deny a charter to the I can express my regret that SBA has not ChristianLegal Society (CLS). I willonly deal here with the issue of discrimination in what appears to bean arbitrary and capricious decision. The issuesofstateaction, free speechand distorted the truth. Now that the dust has thefreedomofrehgionwillbeleftforanother settled, I hope that you can now see the day. However, before my briefcriticism ofthis accomplishments made this year. I have decision, I first wishto publicly thank Sualtan enclosed afull report foryourreview. Baptiste's evenhanded treatment o four CLS It isalso myhope thatSBA VicePresiapplication and the thoughtful consideration dentPaul Beyer will honorbispublic promise on the part of some SBA members as to the not to assume the SBAPresidency givenhis legitimate issue(s). conduct this year. This would allow the The CLS application met all the objecnewly elected President for next year, Mr. tivecriteriaforapproval. However,approval Ben Dwyer, to immediately assume the ofwas denied (as I Understand the stated ratioficeandbegin torepair the damageto SBA's nal) because ofan alleged violation ofthe SBA reputation. I wish Ben the bestofluck in his bylaws by CLS bylaws. Section 14 (c) ofthe term ofoffice. SBA bylaws states that all chartered and/or This year in SBA is onlya snapshot in funded student organizations must "remain history. Giventhe historicand incremental open to all law students." A consensus was improvementsestablished during my adminquicklyreached thatconstrued thissectionto istration, it is my hope that these achievemean allstudentsmusthaveac cess to, not only ments have laid a strongand lasting foundameetings and activities, but also voting and tionfor future SBA presidents tobuild upon officer positions. By this interpretation, the SBA hasattempted to unilaterallymodify the Sincerely, existing charters ofall SBA organizations. CLS meetings and activitieshave always been Saultan H. Baptiste open toall students, however, ourbylaws provide that anyone who desires voting/officer P.S.GoodLuckonfinalsandyourfutureenCharter, continued on page 7 deavors!!! SBA Baptiste's Letter Of Resignation Dear Fellow Law Student: As ofmidnightApril 15,1994,1,Saultan H. Baptiste, resign from the office of Presidentofthe Studentßar Association. The onlyreason for thisresignation is to allowme, as wellas other members ofthe law school community, to concentrate on the more important goal of preparing for final exams whichbegin on April2s. It is unfortunate that a SBA recall election was scheduled so late in the academicyear,butmy first commitment must be to my higher goal of completing my legal education. The timenecessary to campaign against a recall, which would allow me to remain in office for one additional week, would be wasted in light ofmy long term academic responsibilities. I have successfully accomplished all ofmy goals as SBA President and I must now move forward towards graduation. Asaprogressive person ofcolor, itis not unusual that everyaction duringmy term ofofficewas questionedand painted in alight that was unfavorable. Each act was painted withthe brush ofhatredand jealously which ... byDan Harris, Photo EditorEmeritus Last week I washavingaconversation with someone who works with abused families. Sincelwanttobeacareerprosecutor, specializing incases involvingrapeand othersexualabuses, I thoughtthis person and I wouldhave much incommon to discuss. I was shocked when I was accused ofbeing a domineeringand overprotective male. The accusation came when I mentioned thatI had to leave intime to meet Lisa when she comes outofher therapy sessions. She's usually a bit uptightafterwards, and needsmetocomforther. Thewomanlspoke withsaid thatthis wasjust the typical male attitude of the male having to be there to protect the woman. I strongly disagreed. Yes, in this sihiation Lisa needs me there to comforther. However.it'smutualandequal. I can't imagine having made it through my mother's death withoutLisa there. Shewas in the room next to me and my aunt as we watched thelife monitorsslowly (or perhaps too quickly) flatline. On many nights I've woken Lisa up because I'm too upset to sleep. TheamountofcomfortlgetfromLisa cannot be describedorquantified. Does this thenmakeheradomineering feminist? No. I strongly believe that Lisa and I have an equalrelationship. Both ofusare mutually dependent oneach other. I find the labelofbeing adomineering male ironic. So often I've been labeled as ultra-feminist. People have ascribed to me the beliefthat just for having a V chromosome there's an automatic presumption of guilt and wrongdoing- especially in rape cases. To continue to beegalitarian, I also disagree with the label ofultra-anything. Yes, lam a feminist. I believe that woman are equal to men and should be treatedas such. However, I emphasize the word equal. I believe that women should receive equalpay and equal wages. I also believe that women should be required to register for the draft. I don'tbelieve in the assumption that in custody cases women shouldautomatically be presumed to bethe better parent. Currently when an unwed coup le has a child themother automatically hastherighttokeepthebaby. Thefatheris required topetition forsuch. Idonotseethis as fair. Men and women must be treated equally. (Yes,I believe in paternityleave.) Labels are interesting. I've been labeled as both a conservative and a liberal. Although I'maregisteredDemocratl make ita pointnever to vote straightticket,and to always consider each candidate carefully. Nevertheless, people are quick to try to put somesortoflabelonme. That'stheproblem withlabels; no matter how much you try to force it,people never quite fit completely into thelabels ascribed to them. Okay.enoughwithlabels. Finals force me to complete my last article everfor The Opinion. Ihopeyouallhaveenjoyedreading myarticles as much as I've enjoyedwriting them this year. It'sbeen quite a trip I must say. We've been stuck in an elevator together. We went through the roller coaster ride of my mother's death. You've also learned thatl'venothad thebestrelationship withevery one ofmy housemates, but certainly adecentrelationship withsome. Once again,Lisa and I are notyet married; we're justbetrothed. However.shortlyafterthebar we shallbefully married. It's about time! Before I close my finalarticle I must thank afew people who were really therefor me dining the entireperiod ofmy mother's illnessandmyperiodofmourningfollowing her death. JamesDeßenedetto, Dave Brand, Vinnie Graffeo, ChrisPogson, Nicole Wint, andofcourseLisa. Iknowhowmuchlhate labeling; but I have to label you six as true friends who have taught me that no matter how tough itgets I'm neveralone. Thanks again! Good-luck everyoneon finals,the bar, the jobsearch, romance, etcetera. It'sbeen great! April 19,1994 The Opinion 5 �BAR %■/■ REVIEW ■ 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ATTENTION 1995 GRADUATES ENROLL NOW ~ PAY LATER As a special promotion thru the month of April, you may enroll for the BAR/BRI 1995 New York Bar Review Course in one of two ways: 1. Complete an enrollment application and put NO MONEY DOWN. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will hold the discounted tuition currently in effect. OR 2. Complete an enrollment application and include your registration fee of $75. This entitles you to receive selected BAR/BRI outlines for use this semester and also entitles you to receive the MPRE review book and lecture. As with option one, the registration fee, of course, also holds the discounted tuition currently in effect. There you have it ~ two options. Whichever one you choose, you get New York's and the nation's largest and most personalized bar review with a proven track record of success, and you save at least $125 off the 1994 tuition. Our anticipated 1995 tuition is $1550. By enrolling now, your discounted tuition will be $1350. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect in that state at the time of your enrollment. To enroll for either of these options, see your representative or contact us at the above number * BAR/BRI SCHOLARSHIP UPDATE * pleased to announce that we have awarded more than $100,000 in bar review scholarships for the Summer 1994 New York, New Jersey and New England Bar Review We are courses. While other bar review courses advertise similar programs, BAR/BRI delivers what it promises. The purpose of the BAR/BRI scholarship program is to aid those students demonstrating financial hardship to defray the cost of their bar review course. BAR/BRl's continuing dedication to law students, combined with our comprehensive materials and distinguished lecturers, has once again resulted in enrollments surpassing all the other bar review programs combined. In light of this scholarship program's success and our constant commitment to law students and the legal profession, we intend to continue this program for the 1995 academic year. BAR REVIEW .......... . , i , .. �.. .Opinion Mailbox FailureTo Meet Grade Deadline Hurts Students • continued v from page 5 membership must affirm astatement offaith. notdifferent in kind from thatofotherorganiFirst, several chartered SBA organizazations. tionsmakemembershipconringentuponagreeOverthe past year, CLS has presented ment widi the particular organization's purseveral speakers with importantand distinct pose or ideology: ''Membership in N ALSA views(distinct from the perspective oftheLaw shall be open toall.. .who indicate agreement School's dominantculture) directlyrelevant with the organization's propose." Native to the study of law. Many students have AmericanLaw StudentAssociation Constituexpressed an acknowledgement ofthe contrition. Thereareotherorganizationsthatrestrict bution CLS has andcontinues to make to this officers with requirements set forth by a namarketplace of ideas. How can any unique tionalassociation. The denial ofourapplicaorganizational view be preserved when all tion when otherorganizationshave criteriafor organizations are now mandated to become membership indicatesasinglingoutofCLS for potentially pluralistic in leadership and lose theiridentity in the process? Withoutan SBA discriminatory treatment. Second, not only doall SBA organizacharter, CLS speechremains a distinct disadtions have certain membership restrictionsbut vantageto that speech presently in this SBA this criteria serves an importantand necessary established forum. function. What is to prevent a "hostile takeThe issueofSBA discriminationis cerover" of any minority student association? tainly ironic. At this great "liberal" and Under this misconstrued (and now official) "openminded'' University, only certain views "interpretation" of the SBA bylaws, the areendorsed. Limited access to facilities may majority mustrule everystudent organization be(grudgingly) given to minority speech but regardless if they subscribe to that full access to an equal playing field will be organization'spurpose. The tyranny ofamagivenonly iftheassociation puts atrisk its very jorityis a very possibilityhere. In fact, several nature andpurpose. Fortunately, fairand equal SBA members havealready expressed differ- trearmentdoesnotdemandthat. Someofthose that suppress minority views claim that tiiey ing levels ofopen hostility toward CLS. It was evident tiiatthe CLSaffirmation would neverarbitrarilydiscriminate. But what criteriais not what the majority of SBA want is done is more telling that what is said. it to be. However, this criteria is reasonable, it does not violatethe reasonable and historiJimFarnsworth, 2L President ofCLS at Buffalo cally implementedreading of 14 (c), and itis Dear Dean Boyer: Thank you fory our attentionconcerning my letter ofJanuary 27,1994. In that letter, I solicited your help in encouraging faculty to adhere to the February 15,1994 deadline for Fall 1993 grades to be submitted to the Office ofAdmissionsand Records. Themajority of the faculty were successful in meeting the deadline and many members ofthe student body greatly appreciated theirtimeliness. However, several faculty members faded to meet the deadline and some Fall grades are stilloutstanding. There is no question thatthis delay has detrimentally impacted students whorequire this information in their jobsearch. The greatest impact is on firstyear law studentsas they haveno previous measure ofacademic performance in law school with which to show prospective employers. In addition, several students, whoare seeking a semester abroad at other law schools, have complained that their paid applications are threatened widi termination due to their fail- The Opinion. I found hisargumentforashorter time frame forgrades to bereturned tobe very compelling. I concur thatmore work mustbe done to shortenthe periodgranted toprofessors forgradestobecompleted. As the deadline for Spring 1994 grades are already set, I plan to suggest to next year's SBAExecutive Officers thatthey consider forming a sub-committee to investigate a way to reduce the current time frame utilized by the faculty. I ask that you consider forming a similarfaculty committee so thatboth can work together on improving thisongoing problem. Lastly, as weenter thewarmermonths, I ask thatyouremind the faculty ofthe deadline ofJune 15,1994 for Spring grades to be submitted to A&R. As the law firm recruitment process begins in early Fall, it is imperative that Spring grades are available in a timely manner. Onbehalfofthe studentbody, I appreciate theefforts ofthemembers ofthelaw faculty concerning these matters and their compliance widi die prescribed deadline. ure to have a complete transcriptavailablefor review. Please contact these professors and instruct them to rum in their grades with all Sincerely, Saultan H. Baptiste deliberate speed. SBA President I read the Letter to the Editor from my fellow classmate, Joshua Kimerling, which (Editor's Note: This letter was written on was published in the March22,1994 issue of April IS.) Probing, Timely, Controversial, Beer... JoinThe Opinion! Announcement: Benefitfor the Women'sLaw Center ' 'TheKathy & Mo Show 7p. m., Sunday, May I MountSt. MaryAcademyAuditorium 375 6 Delaware Aye., Kenmore. For more information, callB3B-0256. The Opinion is in the market for a photography editor, graphicseditor and layout editor. Assistant editor and reporter positions are also available. Interested parties should call x 2147 or leave a note in 80x#290. (OpinionT-shirts are available in limited quantities. Inquire within! SENIOR WEEK EVENTS: - Friday, May 6 After Finals Happy Hour- 5 pm 8 pm The Shebeen, 252 Delaware Avenue Saturday, May 7 Habitat for Humanity volunteer project to improve neighborhood housing Senior Week Ticket is not required for this event Saturday, May 7 The Last Bash at 573 Linwood 9 pm until 573 Linwood Avenue (between Delaware & Main) Sunday, May 8 Barbecue/Picnic at Baird Point -- - - 12 noon dusk Food, Beer, Softball, Volleyball, etc. Monday, May 9 Bowling & Beer Night 9 pm to Midnight Town Lanes, 465 Oliver, North Tonawanda Don't let your education end with graduation! Tuesday, May 10 U.B. Law Night at Pilot Field 5 pm: Atl-You-Can-Eat & DrinkPre-Game Party at Luke & Ollie's Restaurant inside Pilot Field 7 pm: Baseball Game, Bisons vs. Nashville ifll $916 Wednesday, May 1 1 Awards Dinner Dance 6 pm to Midnight Delaware Park Casino - Semi-formal attire required Funded in part byagenerous contributionfrom Bar Bri Bar Review Admission to all Senior Week events will cost Only $20.00 per person. You must R.S. VP.for both the Baseball Game and theAwards Dinner Dance at the lime you purchase your tickets. Tickets may not be purchased for individual events. X Limited So Buy Your Tickets Now *** *** Space isticketsAvailable Room 314 O'Brian Hall 11-ISSSB in ■H.1,. ,„lM,,fc t..,.ir..,i«,i.r.,i li.mLtatijaXlillMMil Please make all checks payable to: Student Bar Association. i IJFA— I'll callyou when Iget YoSlemy.tkisamtrockelscimcel home.. .iflget home? 1 Paul,Kevin.Sharon.Dan.andKathy:It's4a.m. Wishyouwereherc! Jon-passOubeeriwu! Puul, Wcstillnealaphotoeditor.Don'lbeastranger.Thanhs/or everything.-E Weknowwhcrcyoulive! ILawßcview: Here's one SBA president you won 'I have to kickaround any morel and breakfast. -POZ Tothe newBLSAE-Board: Iknow youcan doit. Staystrong. -KAMB Honey, sorryImissed P.8.: You know you want to! ToArthurE.aiuiJames L. Thanksforallthatyou'vedoneandgoodluck outtherc! I'll miss youboth. -KAMB Pokey- Thanksfor beingmyfriaut. Gum J.G-C-OOL! Sharon-Thanks -E I dinner. . i ■ �4 non-profit University program for students, faculty & staff The Commons • North Campus • (716) 645-3554 • Fax: 645-3884 April 19,1994 The Opinion 7 �BAR/BRI NEW YORK SUMMER 1994 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) ALBANY Albany Law School ANN ARBOR, MI YMCA 350 South Fifth Avenue 9:3OAM ATLANTA, GA TENTATIVE Georgia State Univ Law School I:3OPM 9AM/I:3OPM/6PM - BERKELEY, CA TENTATIVE - UC Berkeley - Boalt Hall BOSTON, MA Boston University School of Law BRIDGEPORT, CT Bridgeport Holiday Inn BROOKLYN Brooklyn Law School BUFFALO SUNY at Buffalo School of Law 9:3OAM/I:4SPM/6PM CAMBRDDGE, MA Harvard Law School 9:3OAM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM CHICAGO, EL 1) HYDE PARK 2) GOLD COAST Univ. of Chicago Law School Northwestern Law School 9:3OAM 9:3OAM DURHAM, NC Duke Univ. School of Law 9:3OAM HARTFORD, CT Univ. of Hartford 9:3OAM HEMPSTEAD Hofstra Univ. 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Law Center GW Law School 9AM 6PM WHITE PLAINS Pace Univ. 9:3OAM/6PM WILLIAMSBURG, VA William & Mary Law School IPM 1) HUNTINGTON 2) SOUTHAMPTON - - LIVE LOCATION BEGINS MA V 19TH TAPE LOCATIONS BEGIN MAY 25TH BAR RCVICW 10AM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-04-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/19/1994 Bibliographic Citation A bibliographic reference for the resource. 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DeanBarry Boyer is on SabbaticalthisFall. Boyer on sabbatical in Europe by Karen A.M. Bailey, .NewsEditor Law School Dean BarryBoyer is on sabbatical for the Fall semester, leaving Associate Dean Tom Headrick as acting dean for this semester. In a memorandum to the law school community, dated July 27, Headrick ex- plained that theDean isspendinghissabbatical in Europe. Boyer is expected to divide his tune between Jagiellonian University, Krakow, Po land and theInternational Institute for the Sociology oftheLaw inOnati, Spain. Accordingto Boyer's secretary, Cheri Tub mis,the dean willbetravelling throughout Northeastern Europe until early September.During this period, hewill take and teach courses at the institute in Onati. Later inSeptember, Boyerwill serve as theUniversity at Buffalo SchoolofLaw's designee at Jagiellonian. As aninvited scholar, the dean will take part in Jagiellonian's processional ofscholars and spend the remainder ofhis sabbatical there. At Jagiellonian, he will present a paper entitled,"Making Regulatory Analysis Work." According to Stuart Graham, Boyer's research assistant, this "paper is intended to explain the U.S. experience withregulatory analysis, especiallyfroman environmental context" Graliam pointed outthatBoyer,whose professional specialties are environmental and administrative law, plans to "explain Hiemeans [that] U. S. environmentalregulation and the concomitant attempt by U.S. regulators to weighits efficiencyand efficacy." The dean'sresearch assistant ftirtherexplained thatPoland, "which is coming outofdecadesofcommunisttotalitarianisin and suffering from the effects of flagrantenvironmental mismanagement" is likely to have an interestin U. S. environmentalregulation. In addition, Boyerwill be working on curriculum projects, jointprogramsbctwcen botlifacultiesandresearch on environmenSeeßOYEßonpageW "We want to keep the classes small so the faculty can give writing requirements," Headrick said. "We'removing away froman exam format." Concerned about the tough legal market and the changing characterofthelegal pro fession,thePlanning Committee has been searching for innovativeways to prepare law shidents to meet these problems, Headrick said. In a memorandum issued bythePlanning Committee, the Committee wrote, "We are now convinced thatwe have to do more than justteach our students toflunk like lawyers. Wemust also equip them to work like lawyers." The new curriculum plan, which will emphasize writing and oral advocacy skillsand directed individualstudy, wasappn > ved inprinciple by the Planning Committee for the law school inMay of 1993 and is expected to be in place in someform by next Fall. All that'sleft now is to work out some ofthe details of the proposal, Headrick said. These details should be worked outjust before commencement, he added. First-year law students are already experiencing some oftlie curriculum changes. Firstyears arenowtaking an upgraded,small-group research and writing program that will extend The remainderofthefirst-year curriculum will remain the same, requiring the traditionalcore courses in Pr< >perty, Contracts, Torts, Civil Procedure, Criminal Law and Constitutional Law. The more dramaticchanges in thecurriculum will come inthe upperdivisions, Headrick said.More concentrationsand sequences will beoffered for second- and third-year students. These concentrations will include designated courses, aqualifying exam in the second year, and atliird-year concentration colloquium ma seminar-type setting. overtwosemesters. Currently, what most law students reUnder the new plan, first-year law stu- ceive is a series ofintroductory courses. Aldents will also be required to take a statute/ though these courses provide students with a regulation based course to contrast the old good overview ofthelegallandscape, Headrick common law courses anda Perspectives course said that students require classes that will focusing onproblem-solving. The detailsoftliis develop their analysis and problem-solving Perspectives course havenot yet been worked skills. He said the sequences and concentraout. See CURRICUL UMon page three A Toast to the Class of '97 AlumniArena user fee hits roadblock byPeterZummo, iManaging Editor Graduate students who use the Alumni Arena facilities may face a user fee ofmore than $ 100per studentper year iftheAthletics Department and the graduate studentgovemmentsdon'treachanagreementbeforeOct. 1. Starting Sept. l.allUniversityatßuffalo graduate students who wanted to use the Alumni Arena facilities would have to pay a user feeof $ 125 peryear, $51 per semester, or $4 pervisit to theArena, buttheimposition of this fee has now been put on hold until atleast Oct. 1; according to Robert Palmer, UB vice president for Student Affairs. Mo stgraduate students currently usethe Arenafacilities free ofcharge or fora nominal amount. The undergraduates A contributes at least $240,000 from activity fees and is not required to pay any additional fees. Faculty and Staffalready pay user fees. When the various graduate student governments became aware ofthe possible imple- mentation ofthefees, they approached Palmer in an attempt to resolve the problem with the Afew m emhers ofVBLaw's newest class enjoyth c complimentarydrinksata cocktailparty held at the Centerfor TomorrowlastMonday. Theevent, whichgaveincominglawstudents andmembers ojthefaculty andstaffthe opportunityto get acquainted, was sponsoredbythe UBLaw AlumniAssociation. Athletic Department. "Although the Athletic Department doesn't report to me, I agreed to act as a facilitator in this dispute," Palmer said. SeeARENA FEEonpagelO Military recruitment ban may cost UB federal funds sexual orientation. Servicesrecruiting from their campuses. byPeter Zummo,.Managing Editor A lesbian UB student had sued theuniin The bill was the House and is passed The ongoing controversy over military now action the Senate. that permitting military reversity,charging in awaiting recruitment on the campus may have a very on was a violation of the campus cruiters Last SUNY miliFebruary, orderedall high price tag for ÜB, approximately $2.6 executive order. tary recruiters offcampus with incompliance million. In a related development,an $800,000 An amendment to the $263.8 billion a 1993 State Supreme Court ruling that held grant on for breast-cancer research that was detheUB allowingrecniiters campusviolated defenseauthorization bill, sponsored by Rep. to in July has been temporarilyreinan executiveorder nied UB original lyissuedby GoverSolomon, would re(R, Glens Falls) Gerald stated. An state article in the The Buffalo News 1988, nor Mario Cuomo preventing in that quire Defense Departmentresearch fundfrom on the of agencies discriminating basis to that bar Armed See MILITARYBAN tmpage 10 ing be denied universities �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I ALL IST. 2ND OR 3RD YEARS: I I I I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. I I I I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I I COME JOIN THE PIEPER TEAM!!! I rV "it t-» Xl .*.» KM OB U4M * M «Mk w*M -**». r**» ***-„ f*#> W«w «■■* «*v* *wn mv fta. MM ij*r ,-..-* *~f. -j* �August 30, 1994 NEWS THE OPINION 3 Weiss, Tenebruso appointed SBA social chairs Last Supper? IbyEvan Baranoff,,Editor-in-Chief\ In an effortto increase the numberofsocialeventssponsored by the SBA, Student Bar Association President Ben Dwyer has appointed second-year law students JeffreyWeiss and Jennifer Tenebruso co-chairs ofthe SBA social committee. The appointment, which was made over the summer, will be for theacademic year, pending Board approval. "We should have more events that bond students togeth- er," Tenebruso said. According to Dwyer, the position has two functions: to come up with ideas for social events and to help organize these Top left: SBA Social CoChair JeffWeiss helpsfeed hungry law students at the BairdPointpicnicsponsored by the SBA. Jim Syta, 2L, looks on with anticipation. events. Weiss saidthe SBA isplanningmore bar nights, amixerwith the medical school,acommunity service day in October andagym night at the Alumni Arena. Tenebruso added that the SBA hopesto sponsora formal or semiformal in eitherDecemberor January. "We want all the shidents to come out and support every SBA social event," Weiss said. "It's not the event that makes it Top right: Law students enjoy theirlast few moments offun andrelaxation before the new semester kicks in. Bottom right: Beer flowed freely at the SBA'sfirst socialeventoftheyear. successful, it's the people that attend the event." Law Review: New Associates, New Approach by Karen A.M. Bailey, NewsEditor As the new academic year begins, The Buffalo La w Review has 3 7 new associates, a new programand anewapproach. According to Law Review Editor-inChiefKevin Szczepanski, theLaw Review is notonly obligated to publish articles, butalso participate in the law school community. To meet the latter goal, Szczepanski plans to institute a mentoring program forfirstyear students. TheLaw Review will providea contact list ofmembers who are interested in helping first-years withinformation on courses, research, writing and study skills. In addition, La w Review members may also particito pate in freshman briefing sessions on thelaw school process. Szczepanski said he is concerned with alleviating the current "notion on the part of studentsthattheLaw Review is divorcedfrom the rest ofthe law school community." The Law Review's constitution mandatesthat 10percent ofthestudent community comprise membership on theacademic journal. As the school' s population increased, the number ofassociates accepted on the journal also increased. In 1951,10 students published the pioneer issue ofthe journal.This year, the Lawßeviewhas75 members, 37 ofwhomare new associates. The new members were selected from last semester's casenote competition. A casenote is an analysis ofa recent appellate division. Students may either participate in the competition during Spring Break or atthe end of the spring semester. According to Szczepanski, 186studentspicked up casenotes and 130 ofthose students actually completed What's a Q+: A futile attempt to explain the grading system byPeter Zummo, ManagingEditor The grading system atUB law isunusual, to say the least The grades are H, Q+, Q,Q-, D and F. No one inor outside thelaw school claims to havea completeunderstanding ofthe difference between some ofthese grades or how they are assigned. Suffice it to say, an H is supposed to signify workabove thenormal range ofperformance, while a Q,+ is at the highendofthenormalrange ofperformance. You get the idea. According to the "Grade Key Explanation," that is sent out with official transcripts, this system "was designed with die expressintention ofalleviating grade competitionand liasbeen highly successful." There areno classranks, and no numerical weights are assigned to theletter grades. Welcome to the world according to UB Law. All exams at thelaw school are anonymously graded. Thismeansthattheprofessor does not know the name ofthe person whosepaperheorshe is grading. Each exam bookis givena number, whichis thenmatched up with yourname by A&Rafter thegraded exams are returned by the professors. The grades aremen posted by studehtnumbers on the big red dotacrossfrom A&R on the third floor. Don'tholdyourbreathforyour grades, as many professors are late in grading your exams. Ifyou're lucky you should have all your fall grades by the middle ofthe spring semester,although going to the endofspring semester for fall gradesis not unheard of. Be patient, and remember, grades are not the onlything in life. r— —————————————————————————i Probing, Timely, Controversial, Beer, Beer... (oh, did we say beer twice???) them. Law Reviewrules and regulations state representation ofracial minorities and ecothat new members may be selected in one of nomically disadvantaged orotherwise handithreeways: (1) An equalweighing offirst-year capped students within the Law Review's grades and a Casenote evalution score, (2) membership" is at least the same proportion as solely on the basis ofa well written Casenote, theirrepresentation within their law school or (3) via a personal statement considered in classes at large. According to Szczepanski, the selecconjunction with first-yeargradesandCasenote scores. The personal statementoption isapart tion of this year's associates was consistent of the Law Review's effort to ensure "that withall three aspects ofthe selection method. Curriculum, continuedfrompage tions will help develop such skills. Under the new plan, second- and thirdyear students should expect smallerclass sizes and fewerblue book exams. Eighty percentof the upper division courses will require oral or writtenpresentationsfocussedonpractice-related skills.,according to thenew plan. Secondand third-years willalso be required to maintain a portfolio ofwritten work and oral presentations. Headrick said thenew plan will encourage faculty members to "rethink what they're doingand look forinnovative ways forteacliing and structuring theircourse materials." Upper division students will also have the opportunity totakeshortcourseson focussed legal topics and fordirectedindividual study. The short courses, usually one-credit, will allow students to venture into different, specialized areas ofthelaw tliat wouldn't be appropriate for an entire semester class, Headrick said. He said many ofthese classes can be taught by practicing attorneys in their fields ofexpertise. The directedindividual study willallow students to explore a legal area on their own. "No law school can cover the landscape and no lawyer can afford not to keep pace with thenew developments,"the Committee wr< >te in its memo. "Thus, the Law School must enable itsgraduates to learn new fieldson their own." one In orderto accommodatethenew curriculum,the academic calendar and class schedule will be changed. The new academic year will begin after Labor Day and will bedivided into seven four-week blocks, Headrick said. Two 12-week blocks will comprise each semester and the seventh block will be in early January. Most courses will run 12 weeks (three blocks), but some will be four (one block) or eight (two blocks) in length. Students will receive a credit for each block. Since the normal semester classes will be condensedinto 12weeks, classhours will be extended. For example, classes that meet twice a week will now be 90 minutes long, insteadof75 minutes long. The major barrier to the new curricu- lum's implementation is the budget, Headrick said. SUNY lias already allocated $675,000 for tlienewplan, wliichis onlyhalfofwhat thelaw schoolneeds to implement the plan. "Myhope istliatwecouldgetanotliers3oo,oootos4oo,ooo out ofSUN Vand makeup therest with private support." Nevertheless, Headrick saidhe, isconfithatthe plan is far enoughalong tliat it will dent be implemented insome form for the entering class of 1998. He said only iuhire classes will be held to any new requirements; however, Headrick said allclasses will beable to benefit from the new structure. �EDITORIAL THE OPINION 4 OPINION Volume 35, No. 1 ($£ Foundedl949 Evan C. Baranoff Editor-in-Chief August 30, 1994 GUIDE TO LAW SCHOOL CLASSMATES August 24,1994 Peter G. Zummo ManagingEditor EDITORIAL: New Curriculum on right track The law school administration has come up with some good and innovative ideas for a new curriculum plan. The basic principles of the plan include reducing class sizes, emphasizingwriting and oral skills over test-takingabilities, and restructuring the academic calendar to allow faculty greater flexibility in approaching different legal topics. Achievingsmallerclasssizesisavitalstepforthelawschool. Smaller classes allow for greater feedback from the faculty, andprovideprofessors with the opportunity to teach with a more innovative and hands-on approach. Most law students especially first-year students ~ have been frustrated with the lack offeedback on their work. For most students, the only feedback they receive comes on their final exams, which aren't returned for at least a couple months and often have few comments on them. The shift of emphasis from exam-oriented courses to an emphasis on writing and oral advocacy is another step in the right direction. Research papers, legal writingpractice andother learningprojects will not only provide a better evaluation than exams do on a student's knowledge of a given legaltopic, but it will also provide students with more practical experience. According to the Planning Committee's memorandum, "Law graduates need experience in more of the things that lawyers do." We agree. And if you ask most lawyers whatskills are crucial to practice, they'll pick writing and oral skills; even over knowledge of substantive law. We also like the innovative structure of the academic year. Three four-week blocks will account for each semester and a seventh block in early January will allow for more flexibility for findingfaculty or adjuncts to teach a variety of new and different courses. We hope this new structure will allow more practicing attorneys the opportunityto sharetheir experience by teaching a four-week course (one block/credit) on their specialized area of law. Not only will this provide a variety ofnew courses for students to chose from, butalso allow students to delve deeper into various legal topics ~ a need that introductory and survey courses fail to address. Establishing more concentrations and sequences will also help in this respect. We do, however, have some reservations about the new curriculum — plan. See EDITORIA L: New Curriculum onpagefive STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: Art Director: LisaNasiak I. B. Vacant Karen A.M. Bai ley Joseph Broadbent John Gasper I. M. Vacant Staff: Jeffrey Weiss Contributors: None. Computer Consultant: PeterBeadle Stabilizing: Labatt'sßlue Destabilizing: No pizza.No staff. The Opinionis a non-profit, independent, student-ownedand run publication fundedby the SBA from studentlawfees. TheOpinion. SI JNYAtBuffaloAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147. The Opinionis published every two weeks during theFall and Spring semesters. Itis the studentnewspaperofthe StateUniversity ofNewYork at BuffaloSchool ofLaw. Submission deadlines for letters to the editorand Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlinesare 6 p.m. on the Friday precedingpublication. Submissions mayeither be sent toThe Opinion attheabove noted address, dropped offunder The Opinionoffice door(room 724 0' Brian Hall), orplaced inBox #10 or #280 on thethirdfloor ofO'Brian Hall. All copy must be typed, doubled-spaced, and submitted onpaper and ona computer disk (IBM-WordPerfect). Lettersare best whenwritten asapart ofa dialogue and must be no more than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest tothelaw school community and must be no more than fourpages double-spaced. TheOpinion reads and appreciatesevery letter and Perspective wereceive; wereserve the right to editany andall submissionsfor space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We willreturn your disks to your campus mailbox or to aprivate mailbox ifa self-addressed stamped envelope is provided. Copyright 1993 by The Opinion. SBA. Any reproduction ofmaterials herein is strictly prohibited without theexpress consent ofthe Editors. The Opinion is dedicated toprovide a forum for the free exchange ofideas. As aresult, the views expressed in this newspaper are not necessarily those ofthe Editors or StaffofTheOpinion. "Congress shallmake no law... .abridging thefreedom ofspeech,orofthepress;..." ■"■'■''■■ •-••■■••-•-■■•■•.■ ■-■• V. ■•'.-.'.;■.:: C. ■-•■■ ..TheFirst Amendment /■ . Deliberations By Evan Baranojf Editor-in-Chief Get involved: Join The Opinion It would getpretty boring ifall youdid TheOpinionalsoprovides students with for threeyears oflaw school was go to class, the opportunity to interview interesting people study and take yourfinal exams. and inform fellow studentsabout current events Law school does entail a great deal of and issues thataffect them. work, but if you budget your time, there's And ifyou're not interested in being an plentyoftimeleftovertotakeadvantageofthe plethoraoflaw <>rganizations and other extracurricularactivities UBLaw has to offer. In addition to providing law students witha social outletand giving themachange ofpace from thegrind ofevery day studying, editororareporter,The Opinionalso welcomes contributions from law students in the formof letters to the editor and Perspectives. Letters to theeditorare a way for students torespond to articles that theyread in The Opinion. Perspectives are articles submittedby law students on joining alaw club or organization can also atopic ofinterest to thelaw school community. have a positive impact academically. Other Ifyou 're interested in joining TheOpistudents within the organization may have nion or learning more about our organization, already had yourpro fessorsor takentheclass give us acall at 645-2147, leave a note in my you're taking and, therefore, can lend assisbox, # 10,visitourtable duringthe grouptabling tance in your studies ifyou needit. session Wednesday, Sept. 14, orcome to our Joining The Opinion, the law school recniitment party Monday, Sept. 19or stop by student newspaper that comes out twice a ouroffice inroom 724 and leave yournameand month, is one way to enhanceyour law school number. experience. Ifyou wantto learn moreabout another Working on The Opinion will help degroup, see the organizational listing on The velopyour editing,writingand interviewing Docket.pagell. skills skills which are justas important to Probing, timely, controversial, beer.... lawyers as they are to journalists. JoinThe Opinion! — JOINTHE OPINION! The Opinion needs editors, assistant editors, reporters, photographers, and graphic artists for the 1994-95 academic year. Journalism experience is helpful, but not required. The Opinion also needs production assistants. Familiarity with WordPerfect 5.1 for Windows and Aldus PageMaker is preferred. Anyone interested in joining The Opinion should leave a note in Box 10 or 280, or call x2147 and leave a message. The Opinion is the official student newspaper ofthe School of Law, and publishes ever other Tuesday during the Fall and Spring semesters. �August 30, 1994 OP/ED THE OPINION 5 Class of 1997: Welcome to UB Law information and skills to be mastered; it's also a window into different fields of law, and differentways ofunderstanding the various partsofthesystemand our society. Learn from the intelligent people around you — your instructors, your classmates, visitors to thelaw By Thomas E. Headrick Congratulations for getting here and welcomefrom the faculty, staffandreturning students. The start ofa pro fessionalcareer is one oflife's significant changes; certainly not as prominent as family milestones like births, deaths, and marriages, but nevertheless an experience thatwillstandoutinyourmemory for years to come. Building a career in the law can be confusing, especially at first, because lawyers' career tracks aren't as neatly definedas those ofprofessionals in medicine, engineering, and many other fields. Moreover, the nature oflegalpractice israpidly changing, as economic pressures, new technologies,and the continuing floodofnew lawoverwhelm traditional arrangements. Howcan youmake sense ofall ofthis, and emerge from law school in three years with acareer, as well as a diploma? The curriculum isthe firstplace to start "Don'tshortchangeyourself— thecurriculum isn 'tjust a collection ofinformation andskills to be mastered; it's also a window into differentfieldsoflaw, and different ways ofunderstanding the variousparts ofthe system TomHeadrick building a career. With all of the courses required in thefirstyear, you don't face immediate decisions about courses to take; butyou dohavechoicesaboutwhatyou'llgetoutofthe coursesyou take. Don'tshortchangeyourself the curriculum isn't just a collection of - and our society." school,lawyers inthecommunity. Ifateacher says something thatintrigues you,or infuriates you,orconfiisesyou~talktoher,orhim. When you get into your second or third year, be an informed student ~ don't just take a course because "everyone takes it" or "it meets at a convenient time," or "it's on the bar exam." Find courses thatmake sense foryou, thatcan open you up to a new experience or fields on interest. It's also not too soon to begin getting some first-hand information about theworkof • lawyers, hiOctober,ouralumni will beholding an event that students can attend at minimum charge. The Alumni Association's annual convocation ~ a half-day seminar on a "hot" field oflaw (this year, Domestic Violence)— will take place on Saturday, Oct. 22. Meeting ouralumniis agood way to see themanyroles that lawyers play,and to meet some interesting people, besides. I hopeyoudoreally enjoy thework,both in law school and afterward. The faculty and staffof the law school will do everything we cantohelpyou find the manyrewards thatthe legal profession has to offer. Headrickis currentlythe acting dean of thelaw school. Student Bar Association welcomes first-years By Benjamin Dwyer, Les Machado, Elizabeth JewettandAdam Easterday We don't know whatrumors you have heardabout law school beforeyoucame, butas theExecutive Committee ofthe Student Bar Association, we certainly intend to dispel some ofthe scarier stories. What is the Student Bar Association? Essentially, theStudentßar Association (SBA) is the student body of the law school. All presently matriculatedlaw studentsare membersoftheSßA. Shortly,wewillholdelections for the SBABoard ofDirectors. TheBoard is made up of six Class Directors elected from eachclass, plus the four ofus. Now about those rumors. You have probably heard thatlaw schools are huge and overwhelming, thatnoonecaresaboutyouor that there is nothing besides cramming in the library. AtUBLaw, these rumorsare untrue, partly due to the efforts ofthe SBA. We have the following goals. We hope to make the law school seem smaller. It's easy to get lostin a schoolofmore than 750 students, situated in the middle ofa campus as large as ÜB. However, the SBA fosters acommunity-like atmosphere by sponsoring social eventsboth withinthelawschool andwith otherÜBprofessionalschools. Don't hesitate to come along to any of the early- semester mixers. Last Wednesday, we helda picnic at Baird Point. Soon there will be a happy hour downtown withrecent law school grads and a "Malpractice Mixer" with the Mcd School. And there will be more. We hope to enhance your law school experience withawide range ofextracurricular law-related activities. Over the years UB law students have begim nearly 30 organizations devoted to somearea ofthelaw. These organizationsenable students to pursueparticularlegal interests away frombooks and classrooms. Many activities take students into the "real world." These organizations enable students to do thingslike interview domestic violence victims,teach legalresearch toprisoners, edit oneof severaljournals devoted to issues like the environment, or bring to UB prominent speakers from all ends ofthe political spectrum. TheSBA, for its part, helps the studentorganizationsintheirendeavors. You will get a chance to learn more about these groups when they have"tabling" time outside the lecture halls. In addition, on Oct. 8, weare holding the firstannual "Community Service Day ."duringwhichyou will havetheopportunity to volunteer on a pubhc service project downtown. Watchfor details. We hope to amplify your voice within the law school. Nothing is perfect, including From left to right: Adam Easterday, Elizabeth Jewett,Ben Dwyer andLesMachado. our law school. In the event that you find shortcomingswith yourclasses,professors, the library or any other aspect ofacademic life here, seek outoneofusorasoon-to-be-elected first-yearclass director and explainyour concern. We will eithertell you howto solveyour problem or, ifyou wish, wewilltake yourcase totheappropriateprofessorordean. It'sourjob. By the way, contrary to what youmay hear, the The Opinion Mailbox LOUS!! versity is looking for alumni contriThis feeis going tobe imposed butions? Willtheathleticofficecall onall graduate students. The irony in usandaskusto supportUßathletics? this is that graduate studentspay two Well, ifthey do, I will bethe first to or threetimes as much in tuitionas remind them ofthemoney I paid to Dear fellow law students: Once again wehavecomeback undergrads. Irealize this $ 100fee is use the facilities at Alumni Arena from our summer vacation only to notthat substantial, but itis amatter while I was a studenthereandofthe find that ÜB's administration has ofprinciple. money I had to pay to watch our In the past, the Student Bar footballand basketball teams play. made changes withoutstudentinput I wasinitially going tosuggest Association has paid AlumniArena Historically, it has been theadmin$ 11,000peryear forlaw students to that we, as awhole,boycottAlumni istration's practice to make controversialchanges inpolicy while most use the facilities. If every law stu- Arena. Unfortunately, many ofus cannot afford to boycott. It would students are away. All law students dentwereto pay the$ 10Cfee, Alumni to at Arena would receive nearly cost us at least $250 to join a gym who wish use the facilities $80,000. elsewhere, and that would not inIwouldliketoknowwhat a$ Alumni Arenamustnow pay 100 forourextras69,ooo. wearegetting fee for the year. This is RIDICUclude tennis courts, a pool, or racWill we have a weightroom thathas quetball courts. I won't ask you to afull setofdumbbells? Will we still boycott because I am still not sure have to purchase a pin to use the what I am going to do. nautilus equipment? Will therebe Thiss 100fee was supposed to longerhours onweekends? Will the have come into effecton Aug. l.but gym be open later at night? Will it seems that the administration is reconsidering. Forthoseofyouwho intramurals be free? Are we any less a part ofdie areoutragedby this fee, I suggest that imiversity than the tuidergrads? One you take the timeto write a letter to gets thatimpression. Did youknow one ofthe on-campus papersand let tliatlaw students are expected to pay the administration know how you to watch the UB football and basketfeel. Thank you for your time. ball teamsplay? I wonder ifwe will be treated differently when the uniCraig Brown,2L Arena user fee unfair law school faculty andadministration docare aboutyour concernsand will try toaccommodate you. Again, ifwecan be ofany help, please stopby 1010'BrianHall. Bestofluck and have a great year. Dwyer, Machado.JewettandEasterday are SBA president, vicepresident, treasurer andparliamentarian respectively. , EDITORIAL:New Curriculum, cantinuedfhompage4 What are these new concentrations, andhow many courses will be involved in each area? Will students be limited to one area or can there be some joint concentrations? We do not understand why students must take a qualifying exam (particularly when one ofthe goals ofthe new curriculum is "fewer blue books") toenter a specific sequence or concentration. We are also concerned that pursuing concentrationsmaypro vide fewer opportunities for students to take courses on bar exam topics, or classes in other areas of the law in which a student may be interested. In any case, these are some issues that must be worked out satisfactorily before the new plan can be implemented next Fall. We encourage all students to express their opinion onthisissue, eitherby writing a letter to the editor or speaking with the dean personally.' Dean Headrick hastold The Opinion that hewelcomes student input. We applaud the administration's initiative and hope that the faculty will take advantage of these changes to provide us with the skills we most desperately need to survive in a highly competitive world. However, as students, we reserve the right to look at the whole package when all the details have been worked out, in order to make informed decisions regarding our law school careers. �THE OPINION 6 August 30, 1994 THE OPINION CROSSW FALL 1994 PUBLICATION SCHEDULE Volume No. #35 38 Cheesy ACROSS 1 Bondholders, magazine 40 Route 42 Aunicyclehas one 43 Emulates perhaps 6 C.PA 10 Javaneighbor 14 Smokestack sight Issue #: Submission Deadline: Issue Out: No. 1 Aug. 26 (Fri.) Aug. 30 (Tues.) 15 Concert or theater follower 16 Five-star name 17 Author Havelock 18 Make a decision 19 Fad 20 Washington No. 3 Sept. 9 (Fri.) Sept. 23 (Fri.) 26 Toeprecedor 28 Tight position? 30 Man Gang (Tmilio 66 Actress Moran 67 Take for Estevez No. 4 No. 5 Oct. 7 (Fri.) Oct. 21 (Fri.) movie) Oct. 11 (Tues.) (deceive) 31 Onetime basketballorg 32 Chimney- 68 Slip a mickey to sweep's target 34 Go over the fineprint Oct. 25 (Tues.) i p H [* n No. 6 Nov. 4 (Fri.) Nov. 8 (Tues.) T7 No. 7 Nov. 18 (Fri.) Nov. 21 (Mon.) 26 No. 8 Dec. 2 (Fri.) _ Dec. 6 (Tues.) 69 Art 70 Curbsidecoin collector 71 Exxon, once 53 65 m Hr? 8 Home of the '62 Mots? 9 Halloween benefactor 10 Pacific island Pacific island? 11 Stan of a palindrome team 56 Harris' Uncle 57 Royal Nigeria 13 Ryan or Dunne 21 George Carlin'sradio station 25 King Kong's kin 26 Lastcall? 27 Verge on 29 Tony of Leave It to Beaver proclamation 59 pants (women's attire) 62 Space simian 63 Tree of knowledge location 64 Geek I Hrs — H?9 ~ n 21 " 51 Gazes 54 Put up with 55 "Bad news" 12 Capital of p p p — ~Bts 8 H 35 36 37 WMa5 J3 54 IHP [5 44 ■po" Note: The Opinion is the official newspaper ofthe University at Buffalo School ofLaw andpublishes twice a month during the Falland Spring semesters. Deadlines are firm and late submissions are subject to thepublishing discretion ofthe Editorial Board ofThe Opinion. Bam- agcy. 50 Thousandsof bucks 52 Office-seeker 53 Headed for the hills 54 Repeal 58 Exclamation of amusement 60 Answeringmachine sound 61 German city German city Fugitive 65 from a Chain 22 Author of many poems? 23 Rig application PC 24 Sept. 27 (Tues.) marba (in march style) 3 All-out 4 Former boxing champ Griffith 5 Opening words 7 6 City on the Jumna 7 TheLittle Engine that constructing dv? Sept. 13 (Tues.) 1 Eject 2 Henderson California 46 49 33 Fresca alternative, once 35 Return to the scene of the crime? 38 Menlo Park middle name 37 Dizzy or Daffy 39 American Samoa harbor American Samoa harbor? 41 Pound sound 44 Relay-race component 45 Sunkentreasure sites 47 Yoko's man 48 "Sweet Home 72 Concordes 73 Change the Constitution DOWN Rickey city Washington No. 2 Crossword Edited by Stan Chess Puzzle Created by Fred Piscop 55 se ' 47 " ~~~ - ■■SI 4^ 59 62] H 63 64 BR? r 7i See The Docket for the answer, page 11. WELCOME BACK! The first BAR/BRI table of the semester will be on Mon., Sept. 12 Stop by and pick up information regarding the MPRE, the bar review course and the bar exam. First Year review information also available. BAR REVIEW Hope you have a great year! �August 30, 1994 FEATURES THE OPINION 7 A brief history ofUB Law UBLaw was established on May 9, 1887, as a department of Niagara University. According to "University at Buffalo Law School, 100Years,"the major force behind the founding of the law schoolwasthepracticing bar in Buffalo. To that point, most law shidents were trainedfortheirprofession in law offices.Although otherareasofthe country had begun thetransitionto law schools, Western New York had none untilthe Buffalo Schoo 1 ofLaw was estab 1ished. The Buffalo bar has always played a significant role in thelaw school and to this day continues to influenceand shape the school. The first class was held in October of 1887,and was composed of 15 young men. There was no building, no library,noendowment,nobudgetandno paid full time faculty. Annual tuition wassloo. From this rather humble beginning, the Buffalo Law School began to grow into the large institution thatit is today. In 1891, the school joinedwith theMedical and Pharmacy schoolsand became a part ofthe University ofBuffalo. In 1894, the school began to pay itslecturers, and in 1896moved onto the ninth flooroftheEllicott Square Building. By 1909, the school established a library(until that time theyhad used the FEATURES SupremeCourt's library) and was now becoming financially secure. By 1915, the school was 25 years old and still growing. Tuition was still only $ 100, and the school had started to complete withother Eastern schools for students. In 1917, theschool moved into its own building at77 West Eagle Street, downtown Buffalo. In 1949,anewbuildingwasconstnicted at the West Eagle site. This was to be the home ofthe law school until the move to the Amherst Campus in 1973. In 1949, the incoming class numbered 131 ,and the total enrollment ofthe school was 316. The Opinion published its first on issue No 29,1949,stating in thefirst editorial: "Our columns are dedicated to thepresentat ion ofany news orviews ofinterestto the Law School, theAlumni or the Faculty." Annual tuition was $450 at this time. In 1962,theprivateUuiversity of Buffalo merged withThe State University ofNew York, and took its present name, The University at Buffalo. By 1971, total enrollment was 609, with 71 minority studentsand 63 women. Tuition had increased to $800. Formal dedication ofthe present law school buildingtookplace onApril 8,1974. The building was named for JohnLord O'Brian O'Brianservedasan v. SeeHlSTOßYonpage9 \ UB Law in a nutshell byEvan Baranoff, Editor-in-Chiefand Peter Zummo, Managing Editor Welcome to yourcrash course on UBLaw School. Lawschoolcanbeavery stressful and time-consuming endeavor. Although we can'ttake yourexamsforyou, we hope we can ease your stress somewhat by providing you with someuse fill informationabout some ofUB Law's key services. Admissions & Records By now, all ofyou haveregistered for classes and are therefore familiar with die Admissions and Records Offlee, commonlyknownasA&Rinroom3o4of O'BrianHall. Besides handlingregistration, A&Rprovidesnumerous otheradministrative services for law students thatyoumay not know about. A&R records and posts students' gradesfor each semester and is incharge of all requests for student transcripts, according to Kirn DeWaal in the A&R office. To obtain a transcript, sUidents must fill out and sign a request form. Requests must be submitted by Monday in order to be ready by either Tuesday after?p.m. orWednesday morning. Students are entitled to six free transcripts, after that there is a nominal charge. A&R also handles name or address changes, independent study requests, waiver of faculty requests (i.e.- ifyou wantto take six courses instead offive), lines. The normal hours for the University Bookstore will be 9 a.m. to 7 p.m., Monday through Thursday; 9 a.m. to 5 petitions to take classes outside the law school for credit, deferments, certification ofenrollment status (i.e.- for insurancepurposes),extensions forwork that won't be handed in on time, and exam conflict petitions. The Registrar's Office is also located at A&R to answer questions pertaining to course loadrequirements. A&Ris open 9 a.m. to 12p.m.and 2 p.m. to 4 p.m. Monday throughFriday. And don' t forget, thelast day toadd on courses forthis semester is Sept 2;the drop deadline is Sept. 9. AlumniArena p.m.Friday; 11 a.m. to 5 p.m. SaUirday; and the bookstore is closed Sundays. However, the bookstore will be open 4ands. You shouldshop early fortwo rea- sons. One, the crowds are onlygoing to getworse; and two, ifyouare looking for goodusedbooks, they are usually thefirst NicoleC. Johnson, 2L, workingin the to go. computer lab. Also, remember to save your receipts. You can'treturn yourbooks for full credit without them. Besides handling your textbook locker and shower facilities, with atowel service. The pool is open from 7 a.m. to 8 a.m., 12 p.m. to 1 p.m.,and 6p.m. to 10 p.m. during theweek;and from 12:30p.m. to 5 p.m. on the weekend. There are 19 squash/handball/racquetballcourts,basketballcourts,adance studio and aerobic facility and a jungle Whenyou'rein needofworking off the stress and frustrationsoflaw school, A lumniArenamay bejust the place to do it. Located ontheNorth Campus,Ahunni Arenahas state ofthe art equipment and gymTennis courts, and a 1/6mile infacilities rivaling any health club in the country. door carpetedjogging track are also available to students. Outdoorplayingfields According to Ed Michael,associfor so ftball, footballand soccerare adjaate directorfor Recreation and Intramural Services, the new weightroom, in- cent to the building. Students can also joinIntramural cluding anI vanko free weight system, a structuredrecreationand sports leagues, treadmill, Tetrex and Lifestep Quintin clubs or may take Physical Education steppers, is scheduled to open Sept. 1. The Arena also has a 50-meter courses. The Arena's facilities are open to pool, along with men's and women's sauna and steam rooms and complete all students 7 a.m. to 11:30p.m., Monday -throughFriday; and 12 p.m. to 5:30 p.m. on Samrday and Sunday. On theSouth Campus, Clark Hall has Nautilus and Airdyne equipment, a pool, 2 racket and squash courts and out- doorplayingfields. Allofthese facilitiesarecurrently available to law students free ofcharge. [See story onpageone.] University Bookstore Mostofyour textbookneeds will be handled by the University Bookstore, located behind theUB Commons at 200 Lee Entrance. The University Bookstore is the main bookstore forallstudentsattending the university so be prepared for long Law students waiting topurchase theirhooks at theLawBookstore. needs, located in the bookstore is a U.S. PostOffice to handle your postal needs. The post office is open 9 a.m. to 4 p.m., Monday throughFriday. Mailpick-up is at3:3op.m. Law Bookstore Theremainder ofyour textbook needs will behandledby theLaw Bookstore, located on thethirdfloor o fO'Brian Hall. Beware oftheLaw School Bookstore. It may be the only store in the United States thatpreferschecks. Itwill also accept cash, but it doesn't give out change somake sineyou have the exact amountwithyou (orbepreparedtotipthe cashier). Also, the hours are, shall we say, somewhatlimited. Itisnowopen 10a.m. to 12 p.m. and 1 p.m. to 3 p.m., Monday through Friday. However, the schedule seemingly changes every week so periodically check thehours, which shouldbe posted on thedoor. And be prepared tor a long wait,as the lines move very slowly here. One more thing concerning the texts: For an additional $1 charge, you can get yourlawbookstorebooks bound in room 503. You should save your re- ceipts. The law bookstore also sells UB Law T-shirts, sweats, etc., currentlyavailSeeNUTSHELL onpageS �THE OPINION 8 The Roaming Photographer by John Gasper, Photo Editor This week's question is... What would you like to use your law degree for? Juließosenberg, 1L "/ was thinkingabout EntertainmentLaw. Beingan entertainment lawyer wouldallow me to combine my desire to practice law and be in the entertainment industry." Anne Graff, 1L "My hope is to get into construction litigation, with a lot ofreal estate law as well." David Marshall, 1L "/ would be interested in doingsomething in labor law. Maybe issues of discrimination, wrongful discharge ora position in arbitration or negotiation. " Matt Hawkins, 1L FEATURES Nutshell, continuedfrompageseven able at a round table in front of the bookstore. Career Development Office Ifyou're interested in finding ajob after graduationor for the summer, the CDO is a place you should become familiar with. "We will answer questions youdon'tknowyou'reeven going to have," said Audrey Koscielniak , CDO director. The CDO publishes weekly newsletters throughout the year. If youlive out-of-town, pay the $7 for the summermailings; it's worth it. The CDO also organizes career panels so students can learn about different career options and provides other assistance for students'job searches. First-years must attend aman- datoryorientation session sometime inOctoberorNovember,Koscielniak said. The CDOalso holdsaresume writing lecture for first-years. Koscielniak strongly recommends attending the Fall sessions. One more thing: Hold onto yourCDO handbooks; they'll come inhandy. ComputerLab For those of you who don't have personal computers athome or need to use a computer while on campus, youcan use the computers in the Computer Lab, located on the fourth floor ofO'Brian Hall across from the elevators. The computer lab has both Macs and IBMs forstudents to use. Both the Macs and IBMs have MicrosoftWordand WordPerfect. The computer lab hopes to upgrade its software soon, said Jason Klindtworth, director of computer services for the law school. Lexis and Westlaw are also available in the Computer Lab, as is Law Desk,which is CD-ROM based. You canalso useE-Mail in the Labifyouhaveanaccount Togetan account(it's free), go to r00m215 of the computer center on the North Campus. It'snexttoFronczakHall, across from the paid parking lot. For those students interested in federal jobs,the Lab has the SF-171 FederalApplicationFormonthe computer. "/ want to become a prosecutor and down the road to either become a judgeor aprofessor. " Students may also take final exams in the computer lab. Those who wish to must sign up a month beforehand. The Computer Lab's hours generally are the same as the law library' shours; however, thehours may beshortened iftheLab doesn't find enough students to work, Klindtworth said. For updated information on the computer lab* shours, call645-5959. Linda Rouse, 1L Dining Services "/ 'm really interested in internationaland immigration law. lam really concernedwith U.S. relations in Latin American countries and want to use my law degree to open up thepotential thatLatin American countries have." Until next time. .. August 30, 1994 Hungry? Afuture lawstudent era yesthe donutsat TheBaldy Walkway Cafe. Thereareseveralplaceswhere law students can eat on campus. Ifyou're looking forsomething close-by, try the Baldy Walkway Cafe on the second floor between Baldy and O'Brian, whichis open 8 a.m. to 2 p.m. Monday through Friday. It's cash only. Ifyou'relooking formoreofa variety, there are two cafeterias in Talbert Hall, two places in die Stu- dentUnion and commercial restaurants in theUB Commons. On thegroiuid floorofTalbert Hall, there's Bert's, which is open 7:30 a.m. to 12:30 p.m. Monday through Friday. TheKosher Kitchen is open 11 a.m. to 1:30 p.m.Monday BohScalione, IL, studying Property through Friday. In dieUnion, Putnam's food in theLawLibrary court feanires bagels, burgers, subs, Annex B. Their number is 829-3724. Italian, Mexican and Chinese. Most of tiiese places are open 11 a.m. to Health Services p.m. through Monday Friday. Ifyou're feeling sick — and 7:30 Also in the Union, there's sooner orlaterlaw school stress or Tiffin at Pistachio's open 11:30a.m. the Buffalo weather will make you to 1:30p.m. Monday throughFriday sick the Student Health Center forrestaurant-style dining orthere's will take care ofyou. Located in 216 Michael Hall cafeteria-styledining at Pistachio*s, whichis open 11 am. to 2 p.m. Monon the South Campus, the Health daythroughFriday. Centerprovidesnursingandfirstaid Burger King, Bradens, NY care 24 hours a day, seven days a Bagels, The Sub Shoppe and Pizza week, according to Sarah Bihr, the Hutare all located in the UB Comdirectorofdie Student Health Cenmons. ter. Physician hours during the acaIfyou 're interested inpurchas- demic year are 9a.m. to 7p.m. Moning die food plan service, call the daythrough Thursday and 9a.m.to 5 Dining Servicesoffice at645-2521. p.m. on Friday, but a physician is There's a plan for commuting stu- always on call in case of emergendentswhereyou can puta minimum cies. ofs 100onyour food card for theyear. All currently registered full Ifyouputs2oo ormoreonyourcard, and part-timeUB studentsareeligiyougeta 10percentenrichment(i.e.ble for services,regardless ofyour -$200=5220). Allfoodcardfundswill medical insurance program. The carry over to the nextsemester, but HealthCenter isfunded inpartbythe must be used up before May 12. student health fee, which is $58 per semester for full-time studentsand $5.80 per credit hour for part-time Student Union In addition to the dining serstudents. In cases oftrue emergenvices previously mentioned, the cies,anyone can receive immediate Union also offers entertainment, in- first aid care regardless ofwhether cluding billiards, ping pong, video they are currently registered as a games, a music listening roomand a student movie theater. The Health Centerhasa walkin service, butrecommends thatstuUBCommons dentsmake appointments for nonÜB's ownMini-Mall. emergency visits. To make an apLocated between the Student pointment orjust find out about the UnionandtheUniversity Bookstore, other services provided, call the the Commons meets the needs of Health Centerat 829-3316. The Health Center also hanstudentsby supplying much needed products and services. dles students immunizationrecords. Here's a list of the current To find out ifyou're incompliance Commonsoutlets, not including the with state requirements, call the restaurants mentioned earlier: ImmunizationCenteratB29-3001 or Campus Tees & Sweats, faxyourupdatedrecordstoB29-2817. Murray Travel, UniMart Convince Counseling servicesare also Store, Student Telephone Services, available at the CounselingCenter, CVS, Makin' Copies, GPA Insurlocated in 120 Richmond Quad, ance Services, Downtown Rent A EllicottComplex, on theNorthCaCar, Optical Image, RecordTheatre, mpus. The Counseling Center is open UB Micro,D'Angelo Hair & Cosdaily from 8:30 a.m. to 5 p.m. For metic Center, and Kaplan Educamore information, call the Center at tional Centers. 645-2720. CampusMinistries offices are Other services provided inalso located on thesecondfloorofthe clude allergy and other specialty Commons. clinics and confidential HTV testing. The Commonscourtyard is a great place to sit andrelax on a nice HealthInsurance day(or at leastdiefew oneswehave). For students without health insurance or who find using their Financial Aid/Student Accounts parents' policy to be inconvenient Broke? duringdieacademic yearfUB offers The Financial Aid office lo- an insurance plan administered by cated at 232 Capen Hall can handle HealUiCarePlan, which provides most ofyour financialaid business. year-longbenefits foraccidents, sickFor example, you can pay your tu- ness or hospitalization. The plan ition here or pick up work-study covers prescription medications, lab checks. For more information, call work,x-rays, physicians' office vistiieCapenoffice at645-3067. its, ambulance services, physical However, ifyou need to pick dierapy, and a limited program for upyour loancheck, you haveto trek routine eyecare and dental care. over to die South Campus to Hayes SeeNUTSHELLonpageJO — �August 30, 1994 FEATURES Advice for first-year students by Jeffrey Weiss. columnist "Law School is likea box ofchocolates, eventually both will giveyouastomachache." eventually become disgruntled over the fact tliat our school's grading system is as outdated as a Midi Vanilli dance routine or that our administration's sympathy towards student You are about toembark on athree year journey known as the law school experience. While you may encounter some turbulence from time to time, you need to sit back, strap on your safety belt and enjoy theride. At this very early stage o fyour ad venture y< Hi may be frequently visited by an old friend that goes by die name "anxiety." It is easy to know when he'saround because yourstomach may begin to do backflips, you might have the desire to experiment with anumberofillegal substances, or you may have the urge to beat up die loudmouthcutthroat sitting next to you for no apparent reason. I am writing toreassure you that these annoying jitters can be swept aside with a positive attitude, proper time managementand a go<>d sense ofhumor. The purposeofthisarticle is to warn you of some of the obstacles that first year Law concerns parallels diat of Joseph Stalin towards dieRussian masses in the 19305. Ifthese sad realities get you down then you should make it your business to get involved in the system so that you can make a difference. It's time to take your mother's advice when she told you not to depend on othersto voice your concerns when you can do it yourself. Third,Law School shouldnot signify the end ofyour sociallifeas youknow it. No w don' t get me wrong. I'm not say ing thatyou should spend five nights each week hunched over a stoolat Hooters. However, I am urging thatyou take plenty oftime out ofyour busy schedule to doallofUie tilings tiiat you enjoy. Itmay mean working out, shopping at The Gap, going to Mickeyrat's to hiton freshmen (youknow who youare) or watching Seinfeld. Whatever it is, studentsmay encoiuitersodiatyouwill beable to deal withthem in an appropriate maimer. First, it is ofgreat importance to keep away from negative or pessimistic influences. For example, it will not take long for some sourpuss loserto greet you by saying, "Welcome to U.B. Law, thehomeof lousy weather, unresponsive professors, terrible (at times atrocious)pizza and apathetic students." Misery loves company, thereforekeepyourdistance from thesesad sacksbecause they will only bring you down. Try to associateyoursel fwith diehard working crowd thatalso likes to go out,party andblow off steam. Second, while it is true that this state probably beunsuccessful in hisacademic endeavors. In conclusion, theU.B. Law Schoolexperience will enhance your analytical abilities, build character and make you despise the BuffaloBillseven beyond your wddest dreams. Despite the fact that the Buffalo weather, pizza, Chinese food and radio stations are funded haven doeshave its share ofproblems, sitting around and moaning about them will justdoitbecausean unhappyLaw studentwdl lousy, this town doeshave agreat deal to offer. For example, the GalleriaMall is so cool that even girls from Long Island shop there. In addition, ifyou likechickenwingsor bars tiien you've come to the right place. Finally, as a first-year law studentyouneed to relax, take a deep breath and remind yourself that if Joe Pesci coidd get through law school in "My Cousin Vinny," thenI can too. accomplish nothing. For example, you may \ THE OPINION 9 Movie Review: Natural Born Killers is D.O.A. of I by JosephBroadbent. Features Editor parody a sitcom starring Rodney Dangerfield as Mallory's sexually abusive father whojokedaboutrepeatedly raping his daughter (while a laugh track played in the Films are sometimes expected to be great merely because a prominent name is attached to themas actoror director. In some cases, the film doesn't live up to the hype. Such is the case with Natural Born Killers, directedby Oliver Stoneand starringWoody Harrelsonand Juliette Lewis as Mickey and Mallory.apairoflovers/serial killers whoare pursued by die police and glorified by (he media during their killing spree. I walked out of(he theater convinced diat Oliver Stone has finally lost his sanity. One person I spoke to described the film as "weird" but chaotic seemsmoreappropriate. The scenes abruptly shift from black and white to colorand back again and the story jumpsaround seemingly withno pattern. Many ofthe scenes hadabsolutely no basis in reality: at one point, newscasters were interviewing people on the street who expressed their admiration for die psychotic pair, oneactually wearing asign say ing "Kill Me Mickey." Other scenes showed the killers onthe covers ofnal ional magazines. Perhaps the worst part ofthemovie was Stone's background). I won't giveaway dieending, but suffice it to say that itwas utterly unreal isticand disappointing. Sure, movies are supposed to be fictional, but thereare limits to the way a film can suspend reality, and Stone passed them early in die movie. At the very end of the movie, Stone inserted his attempt at condemning the mediaand how it glorifies violence by showing amontageofscenes from famous crimesand trials suchas theMenedez brothers andO.J. The one bright spot was Harrelson's formance as asociopath whokilled indisper criminately with no thought orregrets. In sum, instead of an intelligent indepth study ofserial killers, the movie ran like a 90-minutetrailer withbits and pieces ofscenes splicedtogether in chaotic fashion. Maybe OliverStone shouldgo back to making up things about presidential assassinations. History, continuedfmmpage seven unpaid instructor at thelaw school for I4years, niunbcrofstudentsand many in tliepmfession, beginning in 1907. He also served on the including die judiciary,andTlie Buffalo News endorsed theidea o fconstnicting a new school University Council for 26 years. He was appointed U.S. Attorney forthe Western District as apart of dienew('oiuiry Courts budding that ofNewYork in 1909,and held many important will beerected in downtownBuffalo. Mostof posts inWashington Uiroughoutthe 1936'sand the faculty and the SUNV administration op40's. He practiced law in the nations capital posed the idea, or said they would "study" the until his death in 1973, at the age of98. proposal. Oidy timewilltellifdieLaw School Last year, proposals were put forward to reUims to its roots, but itappears unlikely. One move the law school back to its traditional thing remains certain: UB Law is and will home in the city. The Opinion was a major remain a vital part of die legal scene in Buffalo voice in support of this move. A significant andWestern New York. f\ C*rtrjr Z&\ " ATTENTION FIRST YEAR - \ STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN AND RECEIVE: * THE BAR/BRI FIRST-YEAR REVIEW BOOK CONTAINING OUTLINES & PRACTICE QUESTIONS AND ANSWERS FOR ALL-FIRST YEAR SUBJECTS + * ACCESS TO ALL FIRST-YEAR REVIEW LECTURES. INCLUDING ARTHUR MILLER'S CIVIL FROCEDURE LECTURE + * THE "LOCKED IN" CURRENT DISCOUNTED TUITION + * X THE KNOWLEDGE THAT YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE PLEASE NOTE: TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15 AFTER YOUR FIRST YEAR OF LAW SCHOOL. JM IfiP*^ �August 30,1994 THE OPINION 10 No smoking allowed Boyer, continuedfrom page one talproblems. UB bans smoking in all university buildings byPeter Zummo, iManaging Editor change in universitypolicy only last WednesSmoking has beenbanned inalluniverday,and "was waiting for an official notice from personnel" before she issued hermemositybuildings effective immediately,according to an assistant law school dean. randum. A memorandum from Assistant Dean According to the new SUNY "Smoke Marlene M. Cook greeted students, staffand Free Policy," complaints relating to the imfaculty yesterdaymorning. Withoutany adplementation ofthe policy should bereferred vance notification, UB has become smoke to die appropriate department/division head. free. "In addition to being charged withvioEffective Monday, Aug. 29, smoking lating the smoke free policy, unresponsive will be "strictly prohibited in all university individuals may also becliarged withfailure to ownedand operated buildings, stadiums and comply widi thereasonable requestofauniveroutdoor events, and in all vehicles owned and sity administrator," die new policy memo operatedby die University. Doorway areas and stated. The policy statement continues that loading docks are considered part ofdie build"should someone not comply with areasonable request, Public Safety may be involved." ing." The only exception is for selectedresidencehall bedrooms. When Public Safety was contacted reCook said that she was informedofthe garding how it will enforce the "smoke free policy "OfficerGeorge Stuartresponded, "We don'tknow. There is no smoking in diebuildings, but smoking may be allowed outside." The second floor designated smoking area was closed due to die new policy. SBA President Ben Dwyer said "It's sufficient that smoking is banned in most of the building withoutincluding diesmoking lounge. I would like to see whatI can do to keep one designated spot in the law school." Visitors to UB must also observe the smoke free policy. "Visitors who smoke will berequested to extinguish thecigarette, cigar, pipe etc. and will be informed ofthe policy. Refusal to do so will constitute a violation of the policy and will result in removal from or denial of readmittance to the building or event." "Everyone has pay theirfair share." --Robert Palmer, V.R According to Headrick,Boyerleft a memo "which oudines where we are on budget, curriculum, program and personnel"and hissabbatical schedule. However, thememo was directedto faculty and professional staff and die contents, according to Tubinis, are not available to the student community. Boyer has been and will continue corresponding dailyby electronic mail (E-mail)regarding the detads ofhis sabbatical. Arenafee, continuedfmm page one fee program as compared to the contribution According to Palmer, the dispute between theundergraduate and graduate student system in effect until now. governments is a long standing one diat AtliletAthleticsofficialsalso complained diat icDepartmentofficials decided to unilateral- collecting thefees from the graduate governly resolve tins year. Athletic Department officials perceive a basic unfairness in the to largemonetary differencebetween diecontributionsofUieundergraduateandgraduatestudent governments. The SAlias been contributiitiiig$240,000 to Athletics for the use ofthe facilities, while ments wasaconstantstniggle every year. The the graduate government's payments range SBA, forexample, did not makeits payment for from nothing to relatively modest contribulastyearuntil June, said sources at the Athletic tions. The SBA's contribution is $ 10,800. Department. Frustrated by the lack ofcooperAthletics officials and the SA devel- ation withthe graduateorganizations, Atretoped a plan to eliminateSA's directcontribuics officials decided to impose the user fees. tion and increase the Intercollegiate Athletic "Sometimes it takes a crisis to bring fee, with moremoney flowing fromdial fee. In people together," Palmer said. "The Athletic addition, Atlileticsofficials conducted a study Department hasagreed to put thefees on hold dialforecasted increased revenues from a user untilOct. 1 inorder to give the clubs a chance Tubinis pointed out that the dean, along withProfessors Virginia Leary and Isabel Marcus, is currently developing a student exchange program between Jagiellonian and ÜB. The program would bring 10studentsfromKrakowtoUß during Tlianksgiving and send 10 studentsfromUß to Krakow duringSpringBreak. The project's initiation is subject to available funding. to talk to dieir constituencies to see ifthey can come up with a plan" to resolve the dispute. Besides die struggle to collect dieagreed upon annual payments, Athletics officials wouldlike to eliminate dieyearly negotiations widithe graduate associations and implement a long term agreement ofperhaps five years. Pahnerhas asked the various parties to consider a tlnee year agreement with modest increases over last year'spayments. "Everyone has to pay their fair share," he said. SBAPresident Ben Dwyer said thatthe SBAisworkingwiUidieothergraduatestudent governments to try to resolve die dispute. Today, Tuesday Aug. 30, ameeting ofall the graduategovemnientleaderswillbetakeplace, chaired byLucy Waliab ofdie GraduateStudents Association. It is hoped that all die parties can reach a consensus. Military ban, continuedfrom page 1 (Aug. 25, 1994) quotes Charles Dasey, spokesman ofdie Army Medical Research and Development Command, as saying diat the funds will bereleased to UB now because "die department has no evidence that recniiters arebeing blocked from campus." However, if in the future recniiters are blocked, dienthe grant may be terminated. Solomon has also sponsored legislation diat would require the National ScienceFoundation to withhold grants to universities thatban military recniiters. This billpassed theHouse, and hasbeen sent for consideration by die Senate. Nutshell, continuedfrompageeight The annual cost of die plan is $476, which will be automatically billed to all fulltime and returning students (who have not previously waived coverage) in die Fall se- reference desk. Students mayalso find theaudio-visual department useful. Located on the fifthfloor ofthe library, the Koren-AV department is mester. Theinsuranceisalsoavailabletoparttime students, and to the spousesand depen- open9 am. to 9 p.m., Monday through Thursday;9 a.m. to 5 p.m. Friday; 12 p.m. to 5 p.m. Saturday; and is closed Sundays. For thoseofyou who endupwithoverdue books,pray they'renotreservebooks. Finesfor reserve books are five cents a minute (and it adds up!); finesfor otherbooks are 50 centsa day. Accumulating significantfines canresult in a block on your library card. You can pay fines byusing thefine dropbox locatednear the circulation desk or mail it or take it in person to dieBISON Biding Borrowing Office in214 Capen. For copying all diose cases forResearch & Writing and otiiercourses, four xerox machines are located on the first floor of the library and one on the sixth floor. And, ofcourse, tiiere's no eating and drinking in the library. Violators will be dentsofcovered students. For more information about die insurance plan, call theStudentMedicalInsurance Office (located in room 116 ofthe Student Union, North Campus) at 645-3036, or call HealdiCarePlan directiy at857-4480 or 1 -800- -628-8451. Law Library Yourhomeaway fromhome. Normal law library hours are 8 am. to 11 p.m. Monday tiirough Thursday; 8 a.m. to 9 p.m. on Friday; 9 a.m. to 6 p .m. on Saturday; and 12 p.m.to 10p.m. on Sunday. The law library's only entranceis onthe second floorofO'Brian Hall. There are tables onevery floor, but ifyou want maximiun privacy tiien try outthe study carrels, located for die most part on die tiiird and fourth floors. To sign out a key to acarrel, showyour law school I.D. and giveyourmadbox number tohis Reese, the law library secretary, inroom 208. Key sign out hours are8 a.m. t04:30p.m., Monday throughFriday inroom 208;4:30 p.m. to 9 p.m., Monday tiirough Thmsday, at the Reference Desk; and 9 a.m. to 5 p.m.,Saturday, at dieReference Desk. Key sign out caiuiotbe handled by the circulation attendants at die circulation desk. Keysare signed out for one day only and are due back beforeclosing time prosecuted tothe fullest extent ofthelaw and placed in library jail. — Someadvice: Find a comfortable seat diey're hard to find and you'll be there a whUe. There's noparkingproblem here in Jacobslotß. intoroom 101 anytime diey wanttoletusknow how we can help them," Dwyer said. The SBAExecutive Board was elected last April and consists of Dwyer; Leslie Machado, vice president; Elizabeth Jewett, treasurer; and Adam Easterday, parliamentarian. Each year sixclass directorsare elected from eachclass to serveon the SBA Board of Directors. Class director elections will be held on Sept. 21 and 22, however, petitions mustbe picked up immediately at the SBA officeand are dueFriday, Sept. 2. Organizations Thelaw schoollias apletiioraoforganiParking zations. For a complete listing of die law and how tocontact an wdlbeyourbiggestnightmare Parking organizations organization diatinterests you, seethe Docket, page 11. ifyou're a commuter student. Free parking on campus—ifyoucan find a space is available for students who obStudent BarAssociation Ifyou'realaw student, you'reamember. tained a parking tag (it's silverdiis year). on the daythey were signed out. Student Lots more likely to be used by The SBA or law student body elects a If you need assistance with your re- Board ofD irectors, whichmanagesdie $ 50 per law students include: Jacobs B and C, search, the law library's reference librarians semester activity fee diatstudents pay. The HochstetterB, Jarvis A and B, Governors C, D are extremely helpfill. The Re ference Desk's activity fee funds the law organizations and and E (which is shident oidy), Cooke A and B, hours are 9 a.m. to 9 p.m., Monday tiirough SBA sponsored activities (i.e.- last week's Baird A, and Slee A and B. After 3 p.m., students can alsopark in faculty and stafflots. Thursday and 9 a.m. to 5 p.m. Friday and picnic at Baird Point). SBA President Ben Dwyer said he's Meterparkhigisalsoavai bible ifyouhave tons Sahirday. Lexisand Westlaw computers areavail- alwaysseeking student input on issues facing ofquarters. For students diatcrack imderdieparking able on diefirst floor ofdie library behind the students. "Students should feel free to walk — pressure, two paid parking lots are available: Fronczak Aandß. The cost for aparking spot iss3.24perday,s7o.2opersemester,orslo4.76 per year. A check or cash isaccepted. Passes can be purchased from theguard whois onduty there from 7 a.m. to 3 p.m. For moreinformation, consult thisyear's mapoftheNorthCampus whichis distributed by dieParking Officeorcall theParking Office at645-25160r 829-2886. You'll find themap quiteuseful. Some parking advice: Comeearlyornot at all. Campus Busing I fy ou need to get to the South Campus, Blue Bird provides afree shuttle service. Blue Bird buses also provide service to dieEllicott Complex. Formoreinformation on Blue Bird busing services,call 645-2516. University vans provide a parking shuttle forwhen you have to park in the Center for Tomorrowlot or in die Alunuiiand Arena lots. PublicSafety Police services on campus are provided by Public Safety. Ifyou need assistance, call 645-2222. additional reporting byLisa Nasiak. - Business Manager �August 30,1994 THE OPINION 11 Attention all law groups! Advertise your J organizational meetings SBA Board ofDirectorsElection beh fL a Wednesdayandrhursday, Sept 21 & 22. «,* The ODiniOll _ . Kecruitnient Farty Candidates have until Sept 2at 4p.m. to pick up a petition at the sba office. . . . * ACandidates'Forum issche dulcdforTucs.,Scpl2o. ~ In order to make it easier for law students to contact student groups they may be interested in, we have provided a list ofall current law student groups along with the name ofa contactperson, ifone exists at this time. We hopeyoufind this listuseful. Asian American Law Student Assoc Room #7 Mimi Meng, Secretary Box #466 || tt|l|Si|l|lf t SftpffßHllM Join US today! ... r"oii (.AX. *>\An 311 OtO ITT / s|TbTa . - Circles Women's Journal of Law . ' Buffalo Environmental Law Journal •- Room#6o3 >~ Christin Horsley, Editor-in-Chief Box #4103 .. . urr,r- • •., „Szczepanski, , ■ Editor-in-Chief • Kevin * Room ftbUb «t_ Box #531 Buffalo Moot Court Board „., Room #1/ „ Suzanne Cristo, President Box #370 ... . Native American Law Student Assoc. Room # 7 Greg Hill, President Box #408 Evan Baranoff, Editor-in-Chief Box #10 _ Patent Law Society • Room #8 Mark Bertocci Box #333 ... _ ■■ in the ._■ Phi Alpha Delta (PAD) , Room #7 Christin Horsley, Justice Box #410 ,■ Public | Interest Room 603 . , MimiMeng, Editor-in-Chief Box #466 .■; jessup „ .„ , InternationalV Moot Court Room #10 Phi Delta Phi (PDP) Room #8 William Farley, Magister Box #386 Simon Conte, Executive Director jict. Box #572 Prison Task Force Room #118 Karen Judd, Coordinator n ' , _ T Labor and Employment Law Assoc. Room #7 Panepinto Box #486 Box #420 j.. Sports and Entertainment Law Room #8 Andrew Freedman Box #86 _' y m Latin American Law Students Assoc. „ Room#ll3A -*.--»*--»« Lesbian, Gay, Bisexual Law Students Buffalo Public interest Law(BPILP) „„_,_ ._.. Room #225 (Library) Helen Punders, Co-Director Box #413 . Christian Legal Society Room #8 JimFarnsworth, President „ 586 Box #70 The Opinion Room 724 international Law Society Room#7 _, . , a Simone Co-President #250 A Box ' Box #521 ~~ W|T nMa RI D E els|s]oßs|s|t|sßa|m|eln|d Federalist Society Room #603 Joseph Broadbent, President Box #581 Room#ll3A Corlette Trim, President Buffalo Law Review AM or v gMd tm o»m eter Domestic Violence Task Force Room #602 Julia Hillel, Co-Coordinator Box #116 Black Law Students Association - iiiliiffilmiill! All I Room #11 Marni Bogart, Editor-in-Chief Box #339 Association of Women Law Students Room#7 ——- jAWrvg ffi°_ . Buffalo Journal of Intemat '1 Law r Room #603 „*., >-. Suzanne Cruse, Editor-in-Chief „ or7 ~ Box #372 " ~"~" CrOSSWOrdAfISWer! iifißjfjSaaffim plumelgoer[oma r But don't wait. Candidates'statements to be published in The Opinion are due Friday. Sept 9. Statements shouldbe no more than two double-spacedandshould be , pages r, rw..r ,• , . handed in on an IBM disk. Statements can be placed either in Box 10 or 280. Include a photo with your statement £> and tell us abo lit your upcoming events! *_ 19 will be Monday, Sept. *" r at 3:30 p.m. c, .ru a n 8. Thursday, Campaigning begins Sept " ' - _ Room #118 Nancy J Students of Law for Animal Rights Room #118 Laura J Stroud , Medical-Legal Society ' Treasurer DOX #434 ff J Box * * Venita Parker President ' BOX #594 Student Bar Association (SBA) Room # 10i Ben Dwyer, President ' Box #67 Guild ~Lawyer's #118 . «• Ifyou re not satisfied with these orgamzations, students may start their own groups. Room #7 „'-i-j National Room Steering Committee Propeack, Kirn V ,iviii,( i Jiavjb.u,^wj.i,(ii ri ,„.j;_;i j,;.vrt . ~ , ContacttheSßAformore information. iiuoLufe (ladil-Mli utwliiwa) �I WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 1994 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-08-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/30/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/01b398cfcdcd2e52ac04616c87726e57.pdf d02d6063f6a7dec9d425f8957a3c4582 PDF Text Text UrfHU Liiiw groups uay cancelled. See story on page 3. taoiing I Candidates ' statementsfor SBA Class Director seats. See 7 and 8, Thitigs to do in the Queen City. See story on page 9. Bringing theissuesto thestudentssince 1949 THE OPINION Volume 35, No. 2 STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOL OF LAW September 20,1994 SBA election to begin tomorrow Law students to vote for their six Class Directors by Evan Baranoff, Editor-in-Chief A plethora of first-years anda scarcity of second- and third-year students are running for 18 Student Bar Association ClassDirector seats in this year's electionwhich begins tomorrow. Law students canvote for their Class Directors tomorrow, Sept. 21 andThursday, Sept. 22 from 9 a.m. to 4 p.m. outside the law library. Six Class Directors will be elected by eachcl assto serve on theSBABoard ofDirectors. Class Directors represent the students' interests on issues affecting thelaw school, according to Student Bar Association President Ben Dwyer. Students can vote for up to six candidates in their respective class. Students can choose from thelist of official candidates and/or mayalso write in candidates. Students may vote for fewer thansix candidates if theywish, butballots containing more than six votes will be invalidated. First-year law students can choosefrom a list of 15official candidates. Running for first-year class directors are Kirn Babat, Mike Fruchter, Jim Gerlach, George J. Hamboussi, Caroline Hooper, Katie Lee, David S. Leone, Mercedes Lindao, Gil Michel-Garcia, Catherine Nugent, Eric C. Ragot, Veronica Rodriguez, Scan James Shannon, Tom Trbovich, and Jennifer Vick. Dwyersaidthatthenumber of first-yearsrunning for class director is probably the largest amount in SBAhistory. The two official candidatesfor second-year class director areSandy Fazili and John L Leifert. The two official candidatesfor third-year class director are Nancy E. Stroud and RobKitson. According to Dwyer, the reason only four upper divisi onstudents are running for Class Director seats is because of theincreasedwork load thatsecond- andthird-yearsface and also because of the internal problems that the SBA experienced last year. In an effort to make the SBA more efficient, Dwyersaid this year's Board of Directors will meet once every two weeks, instead of last year's weekly meeting. He said the off weeks will be usedto hammer out proposals which will be voted on at the next meeting. ACandidates' Forum will take place today at 3:30p.m. in room 109, where candidates.will discuss their platforms andanswer questions from students in attendance. fsList Offii First-Year Candidates: Kimßabat - I Mike Fruchter GUMichel-Garcia Catherine Nugent George J. Hamboussi Caroline Hooper Veronica Rodriguez Scan James Shan non David S. Leone JenniferVick I Third-Year Candidates: Nanc>' E. Stroud Coast Guardofficials said they still have body of UB Law student Joe Antonecchia, who was presumed drowned in not found the Phot by John Gasper TheStudentBarAssociation is currently wrestling withthechoice ofrenovating theold student lounge on thefirstfloor ofO'Brian, seen above, or perhapsrelocating the lounge to an area lessfrequentedby undergraduate traffic. In either case, SBA PresidentBen Dwyer said theSBA will haveabout $1,000 to work with. The money will most likely be spent on the purchase ofnew, more comfortablefurniture andpainting supplies, he said. Rob Kitson an accident inLake Erie last February. However, theCoast Guard confirmedthat thebodies of the two UB Law alumni, Joanne Fuchs and Ruth Ritchell, who had accompanied Antonecchia to thelake, havebeenrecovered. Trie bodies ofboth women, which were found over summer break, were taken to the Regional Coroner's Office in St. Catherine's, Ontario, where forensic examinations determined the cause of death to be "exposure and drowning." The three friends were reported missing last February when Ritchell and Fuchs failed to report to work after their weekend trip to a cabin near Lake Erie. Officials foundAntonecchia's carparked in the Hamburg beach area along Lake Erie. Another car, belonging to one of the women, was found ontheother sideof the lake, near Fort Erie. After an extensive search involving Coast Guard unitsfromBuffalo and nearby bases, it was presumed the three drowned while attempting to walk across the frozen lake to the Canadian side.The search wascalled offafter several days ofsearching with no encouraging results, and has never been resumed. SergeantBob Ciupa, public affairs officer of the Niagara Regional Police in Fort Erie, Ontario, confirmed that the bodies of Ruth Ritchell and JoanneFuchs hadbeen found and identified. Ritchell's body was found May 31 by Niagara Regional Police in the area ofNiagara Blvd. and Lewis Street along the Fort Erielake front. Fuchs' body was found by the Niagara Parks Police in the upper Niagara River at the southern endof Navy Island on July 2. Make-up of incoming class reflects UB's goal of diversity What does the freshman class look like this year? The answer: smaller than last year, with more women and approximately thesame medianLSAT and GPA scores. The class of 1997 consists of 248studentsfrom 104different graduate and undergraduate institutions. Thenumber ofwomen students rose to 133,11 morethanlastyear'sclass. Last year's freshman class size was 269, due to an increase in "enrollment targets" mandated by SUNY Central. LSAT and GPA medians re- I Second-Year Candidates: byPeterZummo,>, Managing Editor mained relatively consistent at 156 and 3.22respectively, ascan be seen from thechart below. There are students from 10 states outside of New York. This is consistent with the school's policy of actively seeking out-of-state students. According to Aundra C. Newell, associate dean for student services, out-of-state recruitment is important because it helps accomplish two general goals: First, it increases the diversity in the student population; and second, it enhances the national recognition of the law school. Diversity in the law school I 2 confirmed dead, 1 still missing in last February's lake accident Languishing over the lounge byPeterZummo,tManaging Editor ■ community is important, said in other areas of the country, they "plant the seeds for a strong alumni Newell, because it enhances a student's ability to "see thewhole picbase throughout the country. This tureand to recognize andconsiderall can have a beneficial effect by makfacets of a given situation before ing the employment scene evenmore taking action." In addition, diversity will hopefully lead to an "increased awareness of, sensitivity to and appreciation of the differences and similarities between all members of the community." As to diversity enhancing the by national visibility ofUB Law, Newell said she sees long-term benefits in attracting studentsfrom out of state. As many of these students return to theirhome states, or go on to careers Beadle Pet r graphic Computer receptive to future UB Law graduates." In addition to geographical diversity, NewellsaidUBLaw strives SeeCLASS on page 3 �2 THEOPINION September 20,1994 PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I I ■ I I ALL IST. 2ND OR 3RD YEARS: I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. I I I CALL 1-800-635-6569 I I Work on earning a free Bar Review course. I I COME JOIN THE PIEPER TEAM!!! I �NEWS September 20, 1994 Tabling Day canceled , byJoseph BttMidlvnt, iNewsEttiior jf you ! what happened to Tabling Day, winch was scheduledfarlastWednesday.yqu weren't theonly one. ,;Sv :iori leaders : who had plannedon manning tables am ved at theSBA office Wednesday morning only to be to(4 that Tabling Day had been postponed SBA.P* olddisthat Tabling appointed students Day would be rescheduled for this week However. Dwyer is now <atiOns inform thai there will he no Tabling Day. 'he uni.A versity v ■■ » «! up with Dwyer stated that, while there will be no. full Tabling Day as plamied, student organizations will ctzetht Taw school. Student groups will be able to use thethree tables currently in thelaw school to recruit new members. Instead ot all groups tabling on I he same day as planned. guiups will lake turns using the tables which v rst floor corridor. In thisway,student groups wiilstil pitethe university's failure to deliver jll the necessary tables, Dwyer said. Heads of student groups should stop out the byibe which ■ details. anyta! rience, was the reason Tabling Day was 'd two Dwyer unti week. I ihts postponed ■ things: "Never assume compeHowever, Dwyer's repeated atafs un- tence on the part of the University tempts i i sutces tiriaJs Facilities office and always give i informed him that there were no lots and lots of lead time before -it planning events with the universitables ty." He also added that if he had Dwyersaidhe.plumed Univerknown what was going to happen, to reftsity ■ he would have begun planning the serve' :. & r. :<!>:•:€?;< cotdingtohtm,anofficialtoldhlm event! Dwyer said he was sorry thai thaihe needed to reserve tables two weeks in advance, however, when theevent didn't work out,but promlatever he tried to reserve tables foi a dale ises th student as told it can t two we.. '• ity"s9ota- organizations will have an opportuthatnon. 1 'he unt\ • :nttyip >ed THE OPINION 3 slated for Oct. 8 Community Day ; by John Federice, Asst. NewsEditor The Student Bar Association will be holding itsfirst ever UBLaw Community Service Day Saturday, Oct. 8, according to SBA President Ben Dwyer. Dwyer saidhe hopes at least 50 students will volunteer for the oneday project which will start early on Saturday morning and continueuntil mid-afternoon. He said he hopes Community Day will become an annual event. "This project is aimed at the large number of students who truly want to getout andhelp, but are never confronted with the opportunity," Dwyer said. Volunteers will be assisting a Habitat for Humanity project on Buffalo's Eastside. Students will be performing relatively simple tasks such as paint stripping, dry walling and cleaning, in an effort to helpfix up housing for low-incomefamilies. Dwyer said theSBA is promoting Community Service Day in an effort to get law students involved in the Buffalo community. He saidhe hopes the project will help promote UB Law's public service ethic and improve the image oflaw students. Dwyer also said he hopes tl project will act as a catalyst to pi mote more community volur: activity by law students. Forfirst-year law students w wish to participate in a school act ity, but are afraidof time constn Community Day couldbethe pc outlet, Dwyer said. CommunityService Day could be a great way to meet other lavstudents as well as members of the Buffalocommunity, headded. Any one interestedinvolunteering should contact Dwyer or stop by the SBA office during the day. Alan Carrel appointed vice dean byJoseph Broadbent, News Editor Associate Dean Alan Carrel was appointed vice dean for law schooladministration on Sept. 7. Carrel's new position wi 11 give him authority over non-academic matters such as student services, space allocation, personnel matters, and student disciplinary problems and will allow him theopportunity to represent thelaw school beforeuniversity officials on such matters as finances and facilities. Carrel, who servedas associate dean in thelaw schoolfor the past 16 years, said he is eager to become more actively involved in "helping the administration to work closely withthe students and faculty to make the law school as strong as possible." Anotherof Carrel's goals is to help the law school obtain funding and resources from the state, alumni andtheßuffalocommunity. Carrel said he believes that the new law school curriculum will be a "tremendous additionto the lawschool" and will enable the law school to obtain some of those resources. During his 16 years with the law school, Carrel saidhe hasbeen impressed with the quality of the administration, the faculty, the support staff, andthestudent body, all of which help to enhance thelawschool and how it is regarded by the legal community. Carrel saidhe wants to dowhai ever he can to help thelaw school gei all of O'Brian Hall back as soon as possible as well as repair the damage to the building which has been the result of age and overuse, which he feels will make the law school a "better and more useful place" for everyone. He saidhe sees his new role as one of "helper and facilitator" and wants to focus on the law school's positive aspects as well as be able to deal with any problems that may arise. Is the push to move the law school downtown futile? by MichaelKuzma, Reporter Some members of the Buffalo Common Councilcontinue to push for thelaw school to move downtown; however, UB officials remain firm in their opposition to any move. "The law school ought to be downtown because that is where the action is," said Buffalo Common Council Member David A. Franczyk. On February8 theB uffaloCom mon Council passedßesolution 179 urging UB officials to consider returning thelaw school downtown. However, according to the Buffalo Common Council office, no action has been taken onthe resolution since it was adopted seven months ago. In spite of this inactivity, three council members, Franczyk, Eugene Fahey, andKevin Heifer, continue to support effortsto move the law school downtown. As Erie County legislatorsplan the construction of a new county courthouse, which was mandatedby New York state in order to replace the courthouse's antiquated facilities, discussionshave again started to surfaceabout the possibility of moving thelawschool downtown as part of this development. Erie County Legislator Joan K. Bozer, whohas taken a leading role inthe planning of the new county courthouse, said that as many law school functions as possible ought to be brought downtown. "Law school officials shouldbe heavily involved in the planning of the new court building," Bozer said. She added that a downtown location wouldbe "great" and "would expose students to the courts." Bozer said any such facility should at leastcontain space for studentclinics and the like. "There is nothing more to be said on the issue; it's closed." unidentified UB official — Many in theBuffalobusiness community agree that thelaw school should move downtown. RichardT. Reinhard, executive director ofBuffaloPlace, a downtownbusiness organi- Red Cross disappointed with turnout from law students by Peter W. Beadle, Reporter The Red Cross' first law school blood drive of the year held yesterday received disappointingsupport from law students, according to a Red Cross representative. After stuffing 800 law school mailboxes with fliers asking people to register for the blood drive, the organizers of the drive said they received only 11 responses. Red Cross Representative Maria Turner said although they came close to reaching their goal of 60 donors, only 25 of those donating blood were law students. "It's essential that people take the time to donate blood," Turner said."One hospital patient every 20 seconds needs blood, and if you ever need blood it shouldbe realized that it comes from volunteers. Yourbloodmay even be used for another law student." The Red Cross blood drive, which took placeyesterday from 10:30a.m. to 4:30 p.m. in theStudent Union room 145 B&E, was sponsored by Phi Alpha Delta and was thefirst of several drivesthat are being piarmed by the Red Cross, PAD, and theSBA. SBA Treasurer Elizabeth Jewett, who Probing, timely, controversial, beer... Join The Opinion! 645-2147 donating blood. Doing so, "gives us a better ideaofwhat to expect,provides for a smoother operation, makes it easier to plan staff and supply requirements, and most importantly shortensthewait one can expect when donating blood," Turner said. Law students participating in the drive said they felt it was important to donate their blood. "It' s importantand a part of ourcommunity responsibility," Jewettsaid. "If you can donate you should, because you may need it yourself." Second-year law student, Brian Melber, who is a regular donor, said that he felt "its necessary," and that, "everybody ought to give blood." BrianMelber, 2L, gavebloodat yesterday'sdrive. donatedblood yesterday, saidthattheSBAand PAD will be working together to make future drives more convenient for law students. She said one ideabeing workedon is to bring drives right into thelaw school building. Turner said thatstudents shouldtake the opportunity to make appointments prior to Class, continuedfrompage If you are interested indonating blood or wouldlike more information on howand where you can donate blood contact the American RedCross Headquarters at 886-75000r Turner at 681-4895. For informationregarding future law school blood drives, you can also get in touchwithJenniferEnglert, box #383, whois the Red Cross' law school liaison. one through its admissions policies to achieve a broad spectrum of students, including 30 percent "non-traditional" students and 20 percent minority group students. She said UB admissions goals seek to admit a group of students who will "excel in this academic environment, make positive contributions to the law school community, and show an indication of making significant contributions to the legal profession." additional reporting by Karen A.M. Bailey andEvanBaranoff. — zation,said"A downtownlaw school wouldbe good. Thebusiness community supports such a move." Reinhard indicated that discussions on bringing thelaw school downtownhavebeen very preliminary in nature. To date, he said therehave been no meetings with UB officials, nor have therebeen any public meetings on this issue. UB administratorscontinue to reject any possibility of moving the law school downtown. "Thereis no story," said an official in UB PresidentWilliam R. Greiner's office, whodid not wish to be identified. "There is nothing more to be said on the issue; it's closed." International exchange program announced with Polish students by Joseph Broadbent, News Editor UBLaw School recently announced that lOlawstudentswillbegivenan opportunity to participate in a joint research and exchange program with law students at Jagiellonian University in Krakow, Poland during the 1994-1995 academic year. These students will spend thelast 10 days in October working inKrakow with 10 Polish students researching a project concerningminorityrights. Both groups of students will communicate via E-mail from November until April, when the 10 Polish students will visit ÜB. At the conclusion of the project Buffalo students will be graded on their work and recieve three credits for the spring semester. Airfare and living expenses will be borne by ÜB. In order to participate, interested students must have taken or currently be taking the international humanrights law course. A commitment to human rights issues will also be a positive but not a determinative factor. An informational meeting about the program will be held at 6 p.m. Tuesday, Sept. 20, in Room 545. Additional information about the requirements and application procedures can be obtained from Dawn Fenneman in Room 408. — — �EDITORIAL THE OPINION 4 September 20, 1994 THE MEET CANDIDATES OPINION «nt w i 35, Volume No. 2-> Foundedl949 Evan C. Baranoff mri f©ba Ka--Hay ftorbuUj __ , c t inn . 20,1994 September Peter G.Zummo Managing Editor Editor-in-Chief EDITORIAL: Don't let SBA waste money on its newsletter Some of you might remember receiving something called a Student Bar Association newsletter on Sept. 1. For those of you who don't, it's just as well; butfor those that do, you know it asked students what they think. Well, here's what we think. The newsletter, which was unsigned, said it will publish the scheduled events oflaw groupsand provide students with a copy ofthe m mutes forSB A meetings, parties, etc. This first goal is an admirable one, although not an original idea. The Opinion publishes the meetings and events oflaw groups on the Docket. We not only encourage all law groups to use the Docket, we urge them to advertise their activities, eventsand meetings there sothat interested students can go to them. We hope ournew Docket format willmake it easier forstudents to discoverall the wonderful events sponsored by our law organizations. As to the newsletter's second goal, we take personal exception. First ofall, no one - at least anyone concerned with time management will wantto read the minutes of SB A meetings. And people who docan justrequest them from their SBA rep. as they are entitled to do under the Freedom of Information Law. Secondly, The Opinion provides news coverage ofSB A meetings for those students who do not have time to attend the meetings or to drudge through the minutes. Unlike the "coverage" can you say propaganda you're likely to read about in the SBA's newsletter, our news coverage will be comprehensive, objective and concise. At an organizational leaders meeting, Emilia Chernyavsky, who wasappointed to produce the newsletter, andSßATreasurer Elizabeth Jewett suggested that, in the past, The Opinion's news coverage of the SBA was virtually nonexistent.This isabsolutely untrue. First ofall, the SBAdid virtuallynothing last year exceptto try and impeach each other. However, The Opinion provided comprehensive, front-page coverage ofthe investigation committee's findings and recall proceedings. But even, for argument's sake, if we were lax in our coverage last year, should webe condemned this year for the acts oflast year's E-Board? If this is so, the SBA should be dissolved for last year's atrocious behavior. Anyway, we have alwayscovered SBA meetings and events andthis year will be no exception. In fact, in the paper wehave a preview ofthe SBA Community Day — a greatidea, by the way — and coverage ofSBA class directorelections. We feel the SBA newsletter will be a big waste ofstudents' timeand money and will needlessly kill a lot of trees as well. Every time the SBA puts out a newsletter they are using funds that could be better spent by other law groups. What do you think? Tell Emilia; dropa note in box #42! - — — STAFF Business Manager: LisaNasiak Production Manager Peter W. Beadle News Editor: Features Editor: Photography Editor: ArtDirector: Joseph Broadbent Vacant John Gasper Vacant Assistant editorst.Bw.s7/ie.ss7 Eric Dawson and Charles Pitorre&i; News: JohnFederice and Lesa Maslanka. ComputerConsultant: Peter Beadle Stabilizing: Now printer, new staff and food Destabilizing: Haiti intcrvenlionandJoc'sdog The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law lees.-The Opinion.SUNYAt Buffalo Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York £4260 (716) 645-2147. The Opinion is published every two weeks during theFall and Spring semesters. Itisthestudent newspaper of the State University of New York at Buffalo School ofLaw. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherhe sent to The Opinion at the above noted address, dropped offunder The Opinionoffice door(room 724 O'Brian Hall), or placed in Box #10 or #280 on the third floor of O'BrianHall. All copy must be typed, doubled-spaced, and submitted on paperand on a computer disk (IBM-WordPerfect). Letters are best when written as a part ofa dialogue and must be no more than two pages double-spaced. Perspectives arc generally opinion articles concerning topics of interest to the law school community and mustbe no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a self-addressed stamped envelope is provided. Copyright 1994 by The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily thoseof the Editors or Staff ol The Opinion. "Congress shallmake no law....abridging thefreedomofspeech, orofthepress;..." [V --The First Amendment Deliberations By Evan Baranoff Editor-in-Chief Make an informed decision Before you go to the SBA ballot box to vote for your six class directors, make sure you're informed. Elections for Student Bar Association Class Director seats start tomorrow and continue throughThursday, Sept. 22. Ifyou're an upper division student, your selection is scarce only two students are running for thesix 2Landsix 3Lclass director positions. However, some students mightseek seats by being written in. Be careful who you write i n; make sure youknow their motivesfor running and their qualifications. Also, just because a candidate is on the ballot doesn't mean you shouldblindly vote for him or her although it might suggest he or she is more seriousabout running. Note, however, that only one of the four upper divisionstudents —John Lei fert both- — — - ered to submit a statement to The Opinion so thatstudentscan know about why heis running. This might also suggest how serious theother candidates are. Let's see if these candidates bother to show up at the candidates forum. The race for first-year class director seats is a different story entirely. Fifteen candidates seek six seats. Read their statements carefully. Find out what issues they will address. Also, go to thecandidatesforum and ask them questions. Tell the candidates what issues concern you. Voting is not a privilege it's your responsibility. Butvoting blindly doesn't satisfy yourresponsibility: get informed. The SBA controls your activity fee monMake sure it spends it wisely. ey. — .TOINTHE OPINION! The Opinion needs editors, assistant editors, reporters, photographers, and graphic artists for the 1994-95 academic year. Journalism experience is helpful, but not required. The Opinion also needs production assistants. Familiarity with WordPerfect 5.1 for Windows and Aldus PageMaker is preferred. Anyone interestedinjoiningThe Opinion should leave a note in Box 10or 280, or call x2l 47 and leave a message. The Qp in ion isthe official student newspaper ofthe School of Law, and publishes ever other Tuesday duringthe Fall and Spring semesters. �OP/ED September 20, 1994 THE OPINION 5 U.S. intervention in Haiti is the right move By Peter W.Beadle By thetimeyouread this, one of America's most unpopular military actions in recent history will probably be well underway. Thereisvery littlesupport (recent polls place support around 23 percent) for this action. Sowhyarewegoingaheadwith it? Has the President lost his mind? Or does he falsely believe that a military intervention will ultimately boost his approval ratings? Actually the answer is none of theabove. The President has already outlined the immediatej ustifications for this intervention, namely, the crush of boat people, U.S.and U.N. credibility, and promoting democracy, but thereis another, more long-term justification: the shape of the New WorldOrder. The Cold War was essentially a game of chess. Various nationstates became the pawns, knights and rooks for the two sides. The stability of those countries was dependent upon thewi 11 of theirpatron states. Now, however, the game is over and the players have left the building,leaving theboard inchaos. Iraq, Somalia, and Haiti were once pieces in that game, and have now beenleft to fendfor themselves. The United States intervened several times to shape and control the politicsofthosecountries. They became little more thantools of our foreign policy, and now that we are finished with them, most of us feel we have every right to walkaway. However, it must berecognized thatbut for our earlier manipulations, the situation would probably be very different. Many wouldargue that our previous policies were simply necessary to win the Cold War and are therefore justified. That's certainly a legitimate perspective and one which I The game is over and theplayers have left the building, leaving the board in chaos. agree with to a point. But if the UnitedStates wasso willing to trample on the sovereignty of other nations in the past as part of a strategy to topple the Soviet Union, then it should be equally willing to accept coartny of The New York Times responsibility for theconsequences. To do otherwise wouldreek of the utmost hippocracy. Some have also argued that there are no American interests at stake in Haiti. However, in addition to the responsibility we should feel for this country's fate, and the reasons outlined in the president's speech last Thursday night, there is another veryreal American interest; shaping thefutureofthisregion and the emerging World Order. I see us headed towards a worldwhich will eventually be united under a single worldgovernment. Nation-states are outliving their usefulness, and have become barriers to trade and focal points for conflict. Moreover, na- tions have been steadilyrelinquishing their sovereignty as they pledge to comply with the terms of numerous international and regional treaties, covenants and conventions. Eventually this massive and growingbody ofagreements will become an inefficient means of regulating worldbehavior. As the interdependenceof theworldincreases and the sovereignty ofnation-statesdecreases, I believe that there will arise a world government to oversee interactions between and withinregions. Under this scenarioit is very much in our interest to pursue stability not just in our backyard but throughout theworld. Even ifyou find theabove sce- nario a bit far-fetched, we still have every interest in promoting stability. The worldis clearly becoming more interdependent and, as technology improves, it is becoming effectively smaller. With theend of theCold War, and the consequent demise of the structure that conflict imposed on world affairs, we now lack a clear paradigm to help give order to our interactions. We must workactively todevise a new structure to deal with the growing interdependence of nations. Pockets of instability such as Haiti, Iraq and Somalia are real threats to an interdependent world where nationswho are less self-sufficient than ever before havebecome increasingly dependent onfree-flowing trade, cooperation and mutual benefit, concepts whichrely heavily on world stability for success. Ifwe fail to act now, then that stability which is so necessary to the good healthofourcurrent andfuture world orders will continue to erode with dire consequencesfor the stability of our own nation. Beadle is a second-year law studentandisa memberoftheJessup InternationalMootCourtBoard. Trampling on the freedom of speech byJosephBroadbent, News Editor NestledinbetweenstoriesaboutRwanda and O.J. this past summer, the Supreme Court decidedthecase ofMadsen v. Women'sHealth Center, Inc. The case only received 20seconds ofTV news coverageandfive or sixlines i n the newspapers, an unfortunate attempt to minimize the impact of a case which had devastat- ing effectsforfreedomofspeech in theU.S. In Madsen, the Court upheldan injunction which prohibited anti-abortionprotestors from pro- therecent trendof chopping away at theConstitution's protections for freedom of speech. Less thanthree yearsago, inR.A.V.v.St. Paul, the Court held that cross-burning was expressive conduct protected by the First Amendment, a logical outgrowth ofits previous holding inTexas v. Johnsonthat flagburn- testing in front ofabortion clinics within a 30-foot "buffer zone" and also prohibited certain photos from being shown by the protestors. Over a vehement dissent by Justices Scalia, Thomasand Kennedy, the majority continued I ; ingwasalsoprotected"speech." WithR.A.V.. th<2Court seemed to befaithful to the Framers' intent to protect all kinds of speech, even speech that offendedothers. However, since then, the Court and the Indefense ofOliver Stone I was somewhat shocked to see extended nation as a whole haveeroded theFirst AmendTo the Editor: excerpts of my draft quoted. After quick ment so as to deny protection to unpopular or 1 would like to address the reviewer of reflection, however, 1 had no problem with offensive speech. Moreand more, courts and Natural Born Killer-.. I did not know thatsuch yoit quoling Sji|§§ :f people havebeen willing to outlaw speech that on art.; restrictions could properly be What met my eyesas I read a n, however, offends or insults others. A numberof univerWho snidfJlivcrStone's Natural Born Killers wasanything but responsible journalism, in sities have enacted hate speech codes which was supposed lo be. as you put iL "(an] m the first statement that you attributed to nje punish so-called "hate speech." While a depth study of serial killers." Maybe he was through the use of quotation marks, thefrontuse pai mi ng wi th a broaderbrush (to some of hal fof one of my sentences was grafted to the numberof these codes havebeen properly held to be unconstitutional, thepush for hate speech that language I have learned in this law back-half of a completely differentsentence. codes is still on (indeed; there was rumor ofone school) I suspect thai ifyou created a work What proved to be more egregious than this ofart, you would dismiss the critic who said manipulation was the mechanism you used to possibly being instituted by UB students last year but, thankfully, the university has not that your work was "of the wrong genre; J grail ihe two unrelated sentence fragments acpeded to these efforts). tn rather had something else mind for this together: an ill-placed "that" within a par* Two years ago, in Wisconsin v. Mitchell, enthettea) resulting in a sentence that made Your review is suspect to begin with. theCourt upheld a statute whichenhancedthe absolutely no sense. I wish your staffcould Your bi as is re vealed by your admission as to have wasted thehour or so 1 did on thefollowpenalty for a crime when racial hatred was the your opinion .if the movie JJtK. You are ing day expl ami ngtopeople what appeared to motivation behindthe action. The Court stated that conduct, not speech, was being punished obviously reviewing the man Stone rather be rrie blathering like an idiot. thanKillers Andit I ma) to any extent those The secondsuuemem youattributed to but evena casual reading of the case shows that of us suspicious as to the events of 1963 are meihroughquotationslookedsomewhaUike thedefendant\s spoken words were thebasis for wrong thinkers, as you may wellcharacterize one 1 had written, but you extracted three theenhancement. us, how wrongthinking are you for systematimportant words from the middle ofit, with* Finally, last summer the Court dealt anically dismissing evidence relating to those out the benefitofan ellipsis, and thus signifother crashing blow to theFirstAmendmentby events'' Is it that you do not want to upset icantly changed my meaning without any prohibiting pro-life activists from exercising yourself. Did you ever wonderwhatOswald's clueto thereader. am incensed I theirconstitutional rights in front of an aborparticularly motive was? Perhaps as acommunist theBay about thus mutilationbecausebefore submittion clinic. of Pigs and the prospect of pull ingout of Viet ting my draft to you. 1 gave 11the once-over and Itis important to restate theFirst AmendNam were too much for him lo take. .■3s||§li added t hose threewords because specifically ment which states that Congress shal 1 make no Jonathan Vat fee, 3L I was not content with the meaning that the law abridging freedomofspeech. I n I i ght of the Gripe with TheOpinion sentenceappeated loconnotewithout them. fact that the country was founded on the freeWe, as future attorneys, should be m ore To the Editor: dom to speak unpopularly (against England), I write this letter to complain about the attuned to t he importance of w nrds than most freedomof speech is the most important of the shoddy journalism and the obvious lack of people. Ifindit hard to believe that a student rights guaranteed by the Bil 1of Rights andis the editonalpolicing atThe Opinion Consider- coutdhave gonethrough the first year curricright that is most vital to a democraticgoverning the fact that my student "tax" dollars ulum and still fail to appreciate the imporment. (The fact that it is the first right men(a.k.a. the activity tee)ensure your continued tance of not only the meaning but also the tioned in the Bill of Rights is also significant.) existence, I believe I am permitted to be orderofwords. The only proper conclusion No government can truly be democratic if that I can reach, therefore, is that your staffis particularly concerned. people are denied the opportunity to speak. Prior to your most recent edition, I was playing fast and louse with its journalistic The First Amendment was designed to asked by the newspaper 1o answer some que- responsibi li ty. I suggest that you make efforts protect unpopular speech even more than popriesaboutasubject with which Iwasfanulinr. to apprise yourreportetsof theirduties to the ular speech; popular speech doesn't needany Isubmitteda quickly-draftedresponse which public and to shore up yOur editorialpolicies. When States, universities or courts protection. I intended to be used as background for your decidewhich unpopularspeechcannot be heard Stuart Graham, 3L story, Whenl pickedupyour Aug. 30 edition^ The Opinion Mailbox : ;: ' they say that people are not intelligent enough to handle diverse points of view. By allowing everyone to speak theirminds, we are given the chance to decide for ourselves what is true or false. I don't want some legislator or judge deciding whatI canor can't say or hear. We are all intelligent enough to sift through all the garbageand disregard what we choo.se to disregard.. This is not to suggest approval of "hate speech," cross burning, flag burning, or Nazi marches down city streets. TheFirst Amendment doesn't approve or disapprove of any particular speech; it protects theright of all of us to speak our minds. The distressing part of the Madsen decision is that it is the next unfortunatestep from Mitchell, where hateful speech was denied First Amendment protection. People are hardpressed to feel sympathy forracial bigots who go on to assault someone solely because ofhis or her race. In light of therecent murders by a few radical anti-abortion activists (a very small part of the pro-life movement), people rightly want to do something to prevent such tragedies from recurring. There are radical extremistson both sidesoftheabortion controversy, yet only theanti-abortion activists havebeenrestricted in theirspeech and conduct; the buffer zones and injunctions are only obtained against the anti-abortion activists. The way to prevent doctors from being murdered and to ensure access to abortion clinics is not to trample on our most cherished and valuable constitutional right. If only a small percentage of the population was made up ofanti-abortion activists, theFirst Amendment wouldprotect the activists' right to speak and protest; the protection is even more vital whenit concerns an issue thatdivides America soevenly. The Madsendecision represents one more step down the road to the time when legislators and courts will decide what we can and cannot say based solely on whether the words represent an unpopularviewpoint or will insult the listener. As S.G. Tallentyre once said (quoting a letter from Voltaire), "I disapprove of what you say. but I will defendto thedeathyour right tosay it." Somethingthe Supreme Court forgot whenit chose to trample on theconstitutional rights of the anti-abortion activists and permit others to decide whether or not particular speech deserved the First Amendment's pro- _ tection. �THEOPINION September 20,1994 6 1994-95 SBA Class Director Candidacy Statements 2L candidate 1L candidate statements Kimßabat, 1L There is no doubt that by now we have all been warned about the challenges andpressures of the first year in law school. Beyond the scope of our academics, we are working hard to make friends, learn our way arounda new city, andfind our place atÜB, both as a classand as individuals. My name is Kirn Babat, and I am running for a position as Class Director because I share in these concerns and anxieties, and want to actively participate in the development ofour class. In these first few weeks of school, I have listened to students' thoughts and hopes for the comingyear. Iconcurwith the popular opinion that as a first year class, we need to invest ourselves in our law school, while simultaneously pursuing a healthy balance between our academic and social lives. The StudentBar Association is thevoiceoftheUßlawstudent. Your Class Directors represent yourinterests to the administrationandfellow students. This includes representation on committees that develop academic standardsand policy, participate in the admissions process, review activity budgets, and plan social activities. It is important to elect a group ofrepresentatives who can effectively verbalize and advocate for your concerns and demands. As yourrepresentative, I would commit myself to your interests and the interests of our class, make myself accessible and approachable, and wouldbe proactive and coactiye with my fellow Class Directors, in order to make the SBA work for you. During my undergraduate career at the University ofRochester, I gained experience in the development of policy and programming, both in andoutside of the University. On campus, Irepresented theundergraduate community on theUniversity Development Community, participated in the selectionof the new University President, the development ofacademic standardsandcurriculum development. I also worked withboth the Admissions andAlumni offices in the development of student selectionand Alumni involvement, respectively. Off campus, I worked in the MonroeCounty Office of theDistrict Attorney, whereI participated in the development of a CommunityPolicing Program which was madeeffective by theRochester Legislature. Finally, I worked at the US Information Agency, in Washington, DC, developing programs to send overseas for US Foreign ServiceWorkers to facilitate, and I prepared the agency's audi t as requested by the GAO. I take the idea of being a Class Directorseriously, and have thought of ways to improve UB Law School, and make our three years here fulfilling. Iwouldliketodevelopa"Forum with the Dean," so students can take their questions, comments and concerns directly to theadministration. We need to improve upon ourrecycling efforts, andlproposean AdHoc committee dedicated to that effort. Finally, 1 see a needfor more social interaction between students. Last week, a few first years (including myself) organized a "mixer" at The New Pink with the first year Mcd School class. More interaction like thisis important,and I wouldlike to continue these efforts, not to mentioninteractionamong studentsand alumniof our law school. The next three years will be challenging and rewarding for all of us. We will struggle together, play together and experience oursuccess together. I wouldbe honored torepresent our class in the SBAand begin tappingintoourpotential. Know that I am available to you, and want to hear what you have to say. My box number is6lo, if ever you wantto see me.orjuststopmeinthehall. Thank you for your timeandconsideration. I promise you my best effort in preserving our collectiveinterest in the SBA, look forward to getting to know you in the coming year. Mike Fruchter, 1L I am running for the SBA position because I have job experience that would be an asset to the law school student body. I have worked for two Public Relations firms that concentrate on the organization of forums, conferences and other special events. I wouldlike to incorporate this experience as an SBA Rep.by increasing the number of events that will give us, the students, thechance to make useful contacts and receive helpful advice. The more insightwe have as students will make it easier for us to adjust when we get into the real world. Plus, I would like to increase thenumberofStudent Bar-sponsored social events, thoughI might not be the only candidate with this idea. If this soundsrighttoyou, please me give your support. I am a Western New York native and a 1988 graduate of theUniversity ofRochester whereI majored in Political Science. Following graduation, I entered the Navy and spent four years on a ship followed by two years at a nice cushy desk job. The nice cushy desk job gave me the opportunity to work on my surfing, develop an excellent tan, andpick up a Master's Degree in Public Administration. So why shouldyou votefor me for Class Director? As your Class Director, my actions will be guided by five tenets: 1. Develop and maintain positiverelations withalumni. They are ties to the job market. Solicit their input on the positive aspects and shortcomings of their law school education. 2. Maintain an open dialogue with the faculty and administration. Bringing improvements to UB and ensuring a progressive curriculum is a team effort. The Student Bar Associationis thevoice that speaks forall UB Law students. SBA representatives must understandthe important role they play inimproving the quality of our law school experience. 3. Stay involved in the activities of University of Buffalo as a whole. A great strength of UB Law is that we are not an insular body, but actively involved with the greater University at Buffalo community. 4. Maintain a social, gregarious atmosphere among law school students. I promised most individuals who signed my petition that I'd ensure thebeer at SBA events would be COLD. I was not entirely joking. Thestudent body I met at orientation was one of the most diversegroups of people I have encountered. Each of the more than 150 individuals had unique life experiences to share. We're cheating ourselves if we do not provide ample social events to exchangethoughts andideasoutside of an academic setting. 5. Create anatmosphere where students are enthusiastic and involved. Sixteen lLs are seeking six Class Director positions, yet only two 2Lsand two 3Ls have submitted petitions. This appears to be a problem. As Class Director, one of my prime goals wouldbe to ensure this initial enthusiasmdoes not dissipate over the coming years. Absent any idea what real issues plague us, these are my philosophies, these are my goals, and as yourClassDirector they are whatI'll strive to achieve. JimGerlach, 1L I am a newcomer to campus politics. I never sought an elected office while an undergraduate. This presents two possibilities. First, I lack therequisite experience tobe an SBA Class Director, or second, I have no preconceived notionsof how the SBA should operate and will bring a fresh and original outlook to the Student Bar Association. I'm hoping you will choose the latter. George J. Hamboussi, 1L Whenasked by another student about what I thought a position i n the Student Bar Association entailed, my answer was that the job meant John L. Leifert, 2L Finally, our school's student representatives appear lobe working together and try 1ng to work for the students. This is important in order toregain the respectand suppori of the students. But, we must not become complacent; there is much to be done. While we have began to repair the mechanics of theSBA, we must sti 11 co nquer the mention private school Our school received all Honoisgrades. Clearly, there was no curve within the class. Was a curve i mposed upon theentire I list year which amazingly showed that all the students in that research and writing section were at the top of the entire 1L offersa great bargain financially, class? but it can offer much more. Other graduate schools at the Uutversity at Buffalo offer thesame financial benefits as well as a great reputationfeg.Medicine, Denial Medicine). Why hot the law school? This is a question for the SBA to tackle; we all suffer from a mysterious problem iwhich mandates a solution. Law students at UB are being bombjrded from all sides. The U niversify is trying to impose a fee on the use of the alhtetic facilities Had many oi us known that basic facilities of a University were not This of course leads me to the grading policy at our school Although the goal of the policy ts to reduce competition, in fact this is not the logical resull Time and again this is examinedand no satisfactory solution is achieved. One and tor all we must look at the gradingsystem and voice our opinion No one wi thintheschool understands what the grades mean (one teacher gave me an "H-"y. and those outsidethe st hi>ol k now even Substantive issues which require attention. Although this is the only New York State public law school, it still flounders behind most other states' public law schools not to ineludedihlhepriceof arfehdjutce,: we would have been at least surprised and perliaps hesitant to at- tend.:: What will cost future? \^?^SMSi Some professors apparently feel that grading guidelines do not aprjly;i<i |heih> To this grades hale not been posted:from the -Spring semester, wel I past the deadline*; %\Whal about}(»mmoii sense in grading? Itgoes unnoticed that one section of the last year's 1Lresearch and writing program ; : one had to represent the opinions of the students of their year. I also believe that the representatives elected have to feel strongly enough about these positions to follow through withthem. Before starting law school, I attended this university as an undergraduate and it has exposed me to theproblems and worries facing most of the students problems that I feel pertain even more to law students. I'mnot talking about the inevitable parking problem that comes along with going to a huge school; thatis something that can't be solved. There are other things that are more important such as the safety problems during our stay hereand the jobmarket oncewe — graduate. Since day one, everyone has expressed concern about thelevel of safety in the basement by the 1L lockers. This can be easily corrected a number of ways such as installing one of the blue lightphones that the school has all over campus, installing an alarm loud enough to get everyone's attention, and handing out rape whistles that attach to everyone's keychain. The second thing that is on everyone's mind is getting a job once we make it through these three years. Speaking to Ilene Fleischmann about the alumni pro- . less. Now that the SBA is acting moreprofessionalandtryingtowork fotthestudenfs. real improvement can be achieved We must fight with our student representatives tor our best interests. Last Spring, otic tlurdot the students voted m the electionsfor theexecutive officers ofthe SBA: Most of the stwtente read the Dpi nion. Do more" than learn about 1he decisionsother students ate making for you Voice your opi in cm. The Right to Vote Is the strongest mark of a democratic, jusisociely. Takeadvantageofthis onc- : [joy i : - if; gram brought to my attention the many programs and functions that are set up where students can meet alumni programs that are being ignored. These opportunities are of great importance to me and I promise to tryand workwiththem so thatthe advertizing is very visible. Although there have been many people who have told us not to concern ourselves with getting a job during our first year, thelaw school's alumni associationis the most active alumni association at the university and I'm very sure thatthefriendsand connections we can make today will be very important to us tomorrow. Although I haveonly mentioned two things that havebeen brought to my attention, I am also aware of the library hours and lighting concerns as well as the Alumni Arena fee debate. During my five years as a triple major at this university I've been veryactive i n thecomm unity as well as i n my fraternity and I hope to bring all of this experience with me to better represent my class. I am very open to new ideasandI hope that no one will hesitate to stop me in the halls and talk about them. All I ask isfive minutes ofyour time andyour vote on Sept. 21 or 22 and Ipromise that your opinions will be highly voiced at every meeting. — Remember to VOTE Tomorrow and Thursday! �September 20,1994 THEOPINION 7 1994-95 SBA Class Director Candidacy Statements 1L candidate statements, continued Caroline Hooper, 1L We haveall taken ona lot in the last two weeks meeting many new people, getting accustomed to an unfamiliar place and learning about the various student organizations. Not to mentiontheboredomof Civil Procedure and the wild antics of Schlegel. As I try to remember the 250+ newnames and faces, I couldn't be happier about being here. From the first day of orientation, I felt the comfortableandrelaxed atmosphere that sets BuffaloLaw asidefrom the — rest. Whileachievingasolidreputa- tion,Buffalo seems to haverealized what many other law schools have missed that a pleasant and helpful setting can be just as conducive to learning, if not more so, than strict and unapproachable law professors. The truth of the matter is no 1L really knows what SBA does nor what its potential is for the future. However, it doesn'ttake long to figure out there is a serious parking — problem on this campus or that various student organizations are continuously experiencing funding dilemmas. SBA controls thedistribution of funds to these organizations that are crucial to a well-rounded law education. lamhopingthatSßA can be a forumfor debateon theseand many other important issues. IfClass Director, I can onlypromise youthat I will try to the best ofmy ability to represent this class and tackle the issues that are important to you. It wouldbe my responsibility to listen to all ofyour concerns and ideas and aggressively illustrate them to the studentbody. Just to give you a quick rundownofwholam l graduated from SUN Y-Brockport with a double major in Political Science/Sociology and a minor in African-American Studies. I'm interested in Public Interest Law (thus my decision to attend UB). My interests tend to deal with civil liberties and civil rights concerns. I spent last summer workingforthe ACLU and volunteeredin a women's prison during my last academicyear as an undergraduate. lalsostudiedwomen'sissuesinThird World countries at Oxford. In my final semester at Brockport, I internedfor Congressman Rangel of HarlemwhereI worked onthe Health Security Act and the Crime Bill. I believe that these experiences have taught me how to dealwithall differ- I have several goals planned if I am elected to represent you as class as challenging and rewarding. The lLs have done an incredible job getting to know one another. I know together we can make the next three years thebest ever! — words like Generation X 7. Experience with law and attorneys partner in US&I Patent Drawings, works published in patents worldwide 8. I won't bombardyou with a single piece of propaganda (except for this one) 9. Initiated several events on campus, including the First Annual Engineering /^Formal 10.Because TomHeadrick was right you can't eat these torts Please, come to theCandidates Forum and ask me questions; it is truly thebest way to getto know who you are voting for. The forum is on Tuesday, Sept. 20 at 3:30 in room 109. Also, remember to vote on Wednesday and Thursday, Sept. 21 and 22. The voting booths will be outside the law library. - David S. Leone, 1L ent types of people under unique circumstances. I expect SBA to be just — director. The two most important goals are a strong SBA and a good student-faculty relationship. While petitioning, I received several excellent suggestions for more specific goals:parking for law school students, longer library hours, and escorts for late-night trips down to the lockers. All of these arepossible, but most efforts start and finish with a strong SBA and all efforts are facilitated by agoodstudent-faculty relationship. Enough of the political aspect of my intentions for running. I have summarizedmybackgroundandqualifications in the most acceptable Generation X format as possible a Top 10list of thereasons you should Mercedes 1L elect me. If your days include: getting the 1. Received BS in Electrical childrenoff to school; cooking; cleanEngineering from University at Buffalo ing; buying the groceries; washing thelaundry; mowing the lawn; paint2. I never inhaled 3. Two years experience, in ing your child's room; working at student government at U B your parent's shop; dedicating as 4. I can remember where I was muchquality time as possible to your when O.J. was running from the law family and waking up at 6 a.m. for 5. Former President ofinterna- "your" time, you may not have time tional engineering society (EtaKapto get involved withall the different pa Nu) organizations. Youmayonlyfindout 6. I don't use annoying buzz what is going on in your own law Katie Lee, 1L Hi there! Thanks to everyone whosignedmypetitionandputmeon theballot. Let me start offby telling you a bitabout myself. I am a graduate ofthe University ofMinnesota and a nativeof Syracuse. Ever since I was elected to student council in Bth grade, I have been involved in student government. I do not wantto write an extracurricular resume, but I will assure you that I am qualified to represent us lLs. I have done everything from coordinating social and educational activities, like casinonights, formals, andmuseum tours, to managing a $ 10,000budget for on campus facilities, such as student school through the newspapers or otherstudents. If you are, however, concerned with issues that will affect you directly or indirectly, perhaps you might consider voting for me, MercedesLindao. I was able to handle the same hecticscheduleplusmanage my own deli. Throughout all fouryears ofmy undergraduate career at Rutgers University, I interned for my congressman; at Rutgers, I was a founding member and treasurer of a National Sorority. Also, I have always found thetime to be an activevolunteer in my community. It would be an honor to repreand serve theneedsof lL's. The sent best offer I can give is to dedicate my time to become informedand to understand the issues that are important to all of us. — Lindao, lounges and computer labs. I'm not all that sure exactly whatSBA does, but my inquiries and past experience in student government tell me that I'll be allocating OUR money andcoordinatingOUß social and educational events. Believeit or not this sounds like fun to me. People asked me why I want to run, and I tell them that I would be boredifl wasn't someway involved in student government. I enjoy listening to student concerns, comments, and ideas, and I have been doing it almost annually for the last 8 or 9 years. I thinkI wouldmiss it! (Yes I am weird.) I can guarantee that this won't be a resume fillerfor me, where the primary taskis simply to get elected and have the title. That's the easy part. I have come to understandthat the difficult part is carrying out the duty ofrepresenting a large number of students withdifferent concerns and ideas. I am a hard working and dedicated individual, with an open mindwho won't put her feet on the desk once elected. I have already spoken to a few ofyou whohavegiven me somegreat ideas. These include more social events for lLs, such as a Halloween party and Friday and Saturdayafternoon intramural softballandfootball games. I have also heard some great ideas about networking next semesstudent, will win a position on the SBA. 7) Because Gil hates the NRA. 6) Because Gil likes surfing. 5) Because Gil is not afraid to speak his mind, despite the fact that he soundslike an idiot in Schlegel 's class. 4) Because Gil has a 24 hour party line onhis answering machine. 3) Because Gil is short for Gildardo, and boy isn't that a loadof yourback. 2) Because Confucious said "vote....,evenifyouhave no ideafor whom or why." And thenumberonereason that you should vote for Gil i5.... 1)Because it'sbetter than voting for Madonna!!!!! Catherine Nugent, 1L GilMichel-Garcia,lL Gil's "Top Ten" From the home office in Kaneohe, Hawaii, here are the "Top Ten" reasons why you should vote for Gil: 10)BecauseGilhas noideawhat being a student representative is all about. 9) Because none of the other candidates have any idea either. 8) Because if you don't, Dan Quayle, disguised as a Buffalo Law Ideally I wouldask eachof my classmates personally for theirvote. At which timeI wouldamaze everyone with my all-encompassing knowledge ofStudent Bar Associations. This not being an ideal world, in fact being far from it, I shall attempt to convey my overwhelming capability to be your class director in this editionofThe Opinion. Having never been a Student Bar Association Director I must admit to not having direct relevant experience. However I dothink that ter with studentsof the opposite sec- tions. The idea here lies in the fact that some of us are taking civil procedure and contracts and others are taking property and constitutional law. Next semester, this will be reversed. Why not utilize the best resources we have each other. (Believe me when I say you'll need something for Schlegel's contracts!) Concerns brought tomy attentioninclude parking, student lounges, and recycling. The first I can do nothing about because I don't owna bulldozer. However, I dohave experience "pepping up" student lounges to include some pretty cool student painted wall murals and comfortablecouches. Both thefirstfloor 1oungeand thesecondfloor smoking lounge could usesome work. I have alsopersonally noticedthattherecycling facilities in the law building are not all that great. Although they have gotten better in the last two weeks, I think the accessibility of receptacles needs to be broadened. — I encourage anyone with ideas to drop themoffinmy mailbox(#718) or talk to me afterclass. Ifldon'tget elected I will definitely pass these ideason. Pick your directors carefully. Remember thisis notapopularity contest. SBA is our voice and they are spending our money. I hope you afford methe opportunityto speak for all of you. Thanks, Katie Lee. ifone ofmy opponents does have this experience it must necessarily detract from their attractiveness as a candidate as it wouldsignal his or her second run at law school. I do have indirect experience in the form of working as a union organizer for the past three years. Of particular relevance, asan organizerforthe University at Buffalo Graduate Student Employees Union. Thepurpose, interalia, oforganizing workers is to empower them to improve theirwork environment. I will attack my role as SBA director (if elected) withthe same mentality i.e. I will empower law students to improve theirstudentenvironment. I say thisknowing that, as is frequently the case with unorganized workers, some students will not want to be empowered preferring instead that theirdirectordoall thework andj ust bring them good news. I canrespect that attitude and am prepared to represent all first year students with equal zeal. My experience withthe Graduate Student Employees Uniondoes particularly recommend me for the jobin that I've dealtwithTHE SYSTEM. I can see five areas that need attention right now based on my knowledge of advocating for graduate students' rights; PARKING, the "new" curriculum, arena user fees, reductions in benefits for assistantships andasbestos. I will not go into a lengthy discourse on these five subjects but will briefly touch on each andgo into detail at thecandidates' forum. The issue of Parking speaks for itself. We shouldhave i nputon the new curriculum Dean Headrick discussed in the Aug. 30 edition ofThe Opinion. SeeNUGENTpage eight Remember to VOTE Tomorrow and Thursday! �THEOPINION 8 September 20,1994 1994-95 SBA Class Director Candidacy Statements 1L candidate statements, continued Nugent, continuedfrompage 7 I proved tobe competent inhandling my duties as a Student Senator, and thus feel capable of executing the duties of Class Director with the many skills gained from this experi- years that lie ahead. students in theschool. There is one Other issues which have come thing I canpromise you, however, if Arena user fees came as a complete to myattention is the undesirability Mario Cuomo raises tuition again surprise to everyone and I thinkthat extra to use the Alumni this of'paying year I will lead the charge to in itself is a problem. We should Arena, thedesire for longer library FEED HIM TO THE RABID havebeen warnedofthiscontroversy ence. hours, building security (the baseDOGS!!! at ourorientationand theSBA should You are now faced with a diffiment is spooky at night) and the be informing its constituents of the cult choice to vote for those with integration ofthe law school withthe current status so people know how to experience, or those who decide to other professional schools and the budget for exercise. Thereduction in runonawhim. have I rest of the UB campus community. provenresponassistantship benefits refers to the sibility and dedication to student The small space I am allotted in this ongoing practice of thelaw school to the It is not a column government in past. precludes an in depth discusdowngrade pay andbenefits offered position that take issue, but I wouldlike to As an sionofeach I lightly. to graduate assistants. We neea to electedrepresentative ofmy class, I say that these are all very important investigate what is motivating the am there to serve them. I will beable issues whichdeserve adequate repadministration to devaluetherole of toprovide experience in studentgovresentation and advocacy. Both of graduate assistants. Lastly, there is ernment and a dedicatedwork ethic which, am I ready to deliver as a asbestos all over O'Brian Hall in to get things done.To get things done Class Director. manageable levels. To their credit, The power the SBA possesses foryou! the administration has conducted First I would like to thank all in determining where yourmoney is lengthy sessions to educate people theindividualswho signed my petibeing spent is an awesome one, as it on therisks involved. However this determines what your experience tion tobe a candidate for class direchas not been the case with first year Our class will have six represenhere at law school will be like. I take tor. students and thatis a problem. My tatives ona 22memberboardresponthisresponsibility and commitment advice for right now is not to disturb sible for thedistributionof approxivery seriously. I hope that you will any dust-laden books in the upper seek me out, as I will seek you out, to mately $100,000. floorsof the library. Being on numerous community get to know what your ideas, needs, I apologize for thecursory treatand school associated boards over and concerns are in order to properly ment of these issues. I hope we'll the last eight years, I have come to represent them. Please place any have time to discuss them at length understandthe importance ofknowcomments orsuggestioas inbox #789. andto know eachotherbetter. As my a constituent's needs and/or deVote for Veronica Rodriguez. ing campaignpromise, I promise not to sires. This is not necessarily intuiVeronicaßodriguez,lL take myself tooseriously or anything tive. A goodrepresentative shouldbe Ipromise coldbeer ateverylaw else for that matter. Thank you for easily accessible, approachable and school function!....Okay, I'm just your considerationandllookforward actively seekinginput. He/she should kidding. Moreseriously though, I can to the opportunity to serve as one or also have good management experionly make one kind of promise, and all ofyourclass directors. ence, in the area offiduespecially, that is to provide insightful leaderI possess these ciaryresponsibilities. ship whichresponds to the concerns and qualities experiences. ofits constituents. For the last six years, I have One common concern which heldseveral management positions. Has eme-rgedftam'theclass of 1997 Since 19921 have been VicePresihasbeen that of our professional fuTSV, dent of Inc. (a development ture (i.e. JOBS). As aresult, many of 1L Scan Shannon, which in company) my primary reus are interested in aligning ourLIPS: NO ATHREAD MY was the of sponsibility development selves with various student organiLETIC FEE FOR LAW STU$6 millionfacility. This posia new zations and extra-curricular activiDENTS BLAH, BLAH, BLAH. tion entailed everything from ecoties that will helpdevelopreal-world Seriously, I don'tintend to makeany nomic analysis to negotiating conskillsand knowledge neededinacutEricC.Ragot,lL throat job market. However, the blanket statements as to a political tracts to overseeing the construcplatform to run on, but I will say that tion. I also gained a considerable Although ithasoftenbeen stat- quality of some clubs and associasince arriving atthe law school, which amount of organizational experience ed before, you are being asked to tions at UB Law have been unsetthink I is great, there area numberof by holding theofficeof Presidentfor choose a class director from among tling. Since SBAcontrols thedistriissueswhich need to beaddressed to a civic organization,theBuffalo Juna group of people that you barely bution of funds to these organizaimprove the quality of life of the ior Chamber ofCommerce(BJCC). know. Thus, all I can tell you are my tions, myresponse as Class Director students. During my term we restructured the personal experiences and qualities wouldbe to help improve the quality the of the admisboardandby-laws, raised over a half In parlance that shouldprove helpful in fulfilling ofthese organizationsby promoting office, sions am considered a Nona million dollars for charities, and I more effective leadership, stronger the duties of Class Director. student (27-years-old were recognized as being one of the Traditional For two years I served in the connections with alumni, and qualididn't make up the term), andas top four chapters in the country. StudentSenate ofmy undergraduate ty mentoring programs with attor- andl well can beassumed havebeenout of My experience also taught me college. The Senate ofmy school neys in specialized areas of law. school for time. that a my large board can function effecsome During While preparing for the legal wasofsimilarcoastructionandfuncsiesta, held several and a concern I have heardfrom I positions tively tion as the SBA of theLaw School. profession is ofcourse serious busitravelled but there is several TheBJCC hada 17extensively, students. Therefore, I believe that the experiness, I am also in support of social one whichmade me aware -memberboardandalmost 250 memposition ence gained in my college years can activities which promote a sense of ofstudentconcerasandthenecessity bers. My presidency taught me inprove helpful withregard to theSBA. friendship that will last us throughof change and that was as a Resivaluable personal skills on how to There I learned what many limits out law school and beyond. Social dence Coordinator Purchase Colat get large groups to make decisions and opportunities are available to contacts are very important,after all have believed that and I in general how to get people to lege. always the is social. One legal profession members. To work with faculty, education could do more for work together. Skills that I hope will administrators and school staff to gets clients, and even jobs, through higher students, their and threeyears be I spent helpful to the SBA. accomplish goals aimedforboth the contacts with socialand professionand supporting students advocating Experience is not enough. A immediateand long term benefitsof al relationships. However, more than as a coordinator. The position gave class representative needs to be acthe students and school as a whole just professional contacts, we will proved to be a considerable chal- need thecamaraderieof our peers to me quite a bit of experience in deal- tively seeking what is best for our with administrators, programclass. Surprisingly, after listening to lenge, but one well worth the effort. support us through the three tough ing ming and getting people motivated. many first year law student's conThe number one concern I see as a cerns and aspirations for the next three yearsandbeyond I have discov"1L" is the lack of social programered that we all are very similar. ming and otherinteractive opportunities for first year students to meet We all want to do well and, and connect with each other. The believe it or not, most of us still are Cocktail Partyby thealumni associnot sure of the best way to achieve ation was fun (not enough food and this. We also tend to agree on most of they ran out of beer) and the SBA the issues. For example, we all have BBQ was great, but that was for all a problem with parking, most of us the law students. Each year has disagree with the proposed athletic particular needs and I believe that center feeand a large number of us ChaUengethecandfchtesattheCandkkUesForum! through the SBA we can improve the would like to see better security. I Today at 3:30 p.m. in room 109 law school experience for firs year have also heard many innovative students, as well as all the other ideas on everything from better fi- " TomTrbovich,lL nancial allocation of SBA funds to how to improve ourjobplacement, to newideasfor socials. My focuswould be on assisting our class. The best way to do this is by helping you to reach your goals. This means to act on your suggestions or help you act and make a positive difference. In some cases, such as the proposed athletic center fee, I'd be willing to spearhead the opposition. Graduating from UB in 1990 with an M.A. in Economics and being a former board member of the Buffalo ChamberofCommerce(now known as the Greater Buffalo Partnership), would enable me to utilize my contacts with the community and, hopefully, enhance an already excellent placement ratio in Buffalo. In summation, if elected I'll always try to be available to address your needs, I will fight the proposed Athletic Center feeandl will continue to help SBA bring you the outstanding programming from social to education to jobrelated. I believecommunicationis the first step to achieving mutual goals. So please shareyourideas withme in person or call me at home 832- -1817,TomTrbovich. -- We are here for three years. Please help me make sure the SBA represents you by voting Tom Trbovich on the 21st or 22nd. - — SBA ClassDirectorElections Tomorrow andThursday Sept. 21 and 22 from 9 a.m. to 4 p.m. outside the law library. JenniferVick, 1L Hi. My name is JenniferVick and I am running for one of the six cl ass director positions availablefor first-year law students. There are 14 othercandidatesandl'm sure you're wondering how to make these choices after knowing us for only three weeks. This is my chance to tellyou a little about myself. I believe that the SBA is an organization that encompasses all the students in the law school, regardless ofyear. In orderfor theSBA to work well, thedirectorsneed to be wil ling to work hard and dedicateas much time as needed. I feel I can be a good representative forall the students. I am easily approachable and will be available to hear your concerns and any questions you may haveabout our student government. I want to ensure thatthe 3-4 years we spend here will be the best they possible can, starting right now. Afew ideas thatI have include implementing a recycling programat the school, and to have a few more social events, both off-campusand on. After all, we will be spending the next three years together. Let's enjoy them! Officialcandidates who are not listed in this guide did not submit statementsto be wblishedin TheOmnion. �September 20, 1994 FEATURES FEATURES THE OPINION 9 What social life? A New York City native's guide to the wonderful city ofBuffalo by Jeffrey Weiss, columnist If you're like a typical person who arrived in Buffalo from a far-off just it is place, quite likely that your first reaction went something like this: "Get me out ofhere! I thought Cleveland was the most pathetic city in America. I guess I was wrong." I am writing to let you know that while Buffalo is not a booming metropolis with all the frills that NewYork City or Boston has to offer, it is a nice little city thathas more things to do than most people realize. Ixt's start out with restaurants because everybody loves to eat. It seems that Buffalo's most popular natural resource i s thedelectableobject referred to as theChicken Wing. The word around town is that Duff's, on the corner of Sheridan Drive and Millersport Highway, has the best wings in town. Go try them. If you're feeling historical, then you shouldgodown to theAnchorBar on Main Street because our history books tell us that chicken wings were invented in that well-knownestablishment. Thebest thing aboutBuffalorestaurants is that they offer a wide variety of choices. Even the most ficklefood connoisseur will find a place to satisfy his/ her appetite. If you're in the mood for terrificThai food, thenyou shouldpay a visit to Jasmine's on Niagara FallsBoulevard. I recently bumped into fellow second-year law student SadaManickam as he was walking out ofJasmine'sandhe joyfully claimed, "That was the best Panang beefI've ever had." Some people prefer theAmerican CoffeeHouse atmosphere that was prevalent in the 19605.If youfall intothis category thenyou should check out Amy's Place on MainStreet. They offer huge breakfasts at very low prices but are bestknown for theirlentilberry sandwiches, chicken souvlaki, hummus andbabaganoush. I don't know about you but every once in a while I have the urge for a lean cornedbeef sandwichfrom akosher deli. That' s noproblem up herebecause we've got Mastman'sKosher Delicatessen on Hertel Avenue. They proudly boast that they have thebestcornedbeef inBuffalo. Howabout pizza? If you li ke typicalNew York Style pizza with a soft crust then youhave to stop by I.co'sPizzeriain the Boulevard Mall. However, if youprefer Buffalo-stylepizza witha hard crust then yourbest bet is La Hacienda on Brighton Road. Ifpizza is not yourstyle, then why don'tyou try a big fat roast beefsandwich, curly fries and some custard at Anderson's on Sheridan Drive? Their sand- wiches are delicious. In addition, you might want to throw down a few donuts, so stop by Jet Donuts on Sheridan Drive and order a dozen or two. Most people know that I love Chinese foodandafter one long year uphere I finally found a good place, May-Jen ChineseFoodonKenmoreAvenue. You can eat it there or takeit to go, but as the rap star Hammer says, "It's all good." When you're done eating at May-Jen's, then you should go next door to Ben & Jerry's for the best ice cream in Buffalo (and theworld). Ifyou've never triedßen & Jerry's then you're missing out, trust Amy 'sPlace on MainSt. hasgreat pancakes me. ican Sports Bar and Grill located in the many of thewonderful sights such as the All right, that's enough already about Ramadalnn. numerous ships and the majestic lightfood. By this time you're probably wonIf you really want to journey into house. Alisa Lukasiewicz gave me the dering where you can party in this town. downtownBuffalo, then you shouldmake following advice, "You'vegot to go down The simple truthis thatBuffalo has more ityourbusiness to patronize Jim Kelly's to The Hatch (a popular concessionstand bars per square milethan any other city Network and Garcia's. Both of these along the waterfront) and try theirStrawin America. It seems that onjust about places are always hopping on theweekberry Cheesecake Ice Cream." AnotherBuffal ostrong point is their every street corner there's a bar. Let's ends (except, of course, when the Bills start out with theMainStreet strip, which lose in theSuper Bowl). Howabout ifyou sports program. By now you shouldhave is the preferred location for most of the just want tostay near theNorth Campus? realized that this town lives and diesfor undergrads at ÜB. You can choose It's not a problem because you can stop the Buffalo Bills. Sara Dodman put it betweengoingto3rdßase, P.J. Bottom's, into Jack's Place (across from the best whenshe said "Your stay inBuffalo Molly's, The Steer, or Mickey Rats. All Marriott), TheOut ofToonSaloonlocat- is not complete without a trip to Rich ofthese taverns are a stone's throw away ed in theMacaroni Company, T.G.I.F.'s Stadium to experience a Bills game." from the South Campus, but if you go in the Boulevard Mall or even The However, thisis not justa football town. further down Main Street you will find Raintree inTonawanda. The Aud, justa few subway stops away, theStuffed Mushroom, theCentralPark Buffalo hasmuch more to offerthan is the home ofthe exciting hockey team justbars and restaurants. Ithas a number known as theBuffaloSabres. In addition, of cultural highlights that are quite imThe Aud is the home of a roller hockey pressive. The AlbrightKnox Art Gallery team, The Stampede, and indoor soccer in Delaware Park has received internateam, The Blizzard and the two-time tional praise in recent years. Their colindoorlacrosse champions, TheBandits. lection boasts the works of Van Gogh, Let's not forget baseball. The Buffalo Monet and many others. This is definiteBisons are now the AAA affiliateof the ly one ofBuffalo's best kept secrets. In Cleveland Indiansand play at beautiful addition, the Buffalo Zoological GarPilot Field. All of thesesports programs dens are also located in Delaware Park. provide a great dealofexcitementfor this This is a top quality zoo thatalso offers town. student discounts. Aaron Pierce, one of Buffalo has a large number of golf our fellow students, gave me thefollowcourses including the nearby Grover Grill(CPG's) and theNew PinkFlamining words of wisdom, "Don't miss the Cleveland course which is next to the goAnotherBuffalo hotspot is the area prairie dogs." I sure won't. In addition, South Campus. The word on the streets surrounding theintersection ofDelaware there is also a fabuhpus Natural History is that it is a decent course that is also and AllenStreets. It is there where you Museum located in Delaware Park that affordable. Ifyoudon't like golfing, then why not try simulatedrock climbing at willfind happening places suchas Coulter certainly merits an afternoon visit. Howabout music? The locatLumber Aud, City Rock Gym on Niagara Falls Bay, Babaloo' s, Mother' s, TheBrick Bar, Buffalo, downtown all of the Boulevard The Old Pink Flamingo, The Locker ed in in Tonawanda. It seems gets hottest concerts. Last year, megastars they'vegot somethingfor everyone here. Room and Gabriel's Gate. If these bars don't do it for you, then I suggest you such as Bryan Adams, GarthBrooks and In addition, Letchworth State Park in check out the strip on Elmwood Avenue Rush stopped by to put on great shows. Mount Morris, New Yorkis less than an near Buffalo State College. There are a However, if it's classical music that you hourandahalfawaybycar. This breathnumberof popular taverns in this part of desire then I suggest that you stop by taking park has great hiking trails and town such as Goodbar's, Cole's, No Kleinhan's Music Hall in downtown beautiful waterfalls. If this is not your Name'sandToon's. What about ifyou're Buffalo, the home of the Buffalo cup of tea then maybe you shouldtake a drive to nearby Niagara Falls, play some justlooking for a nice sports bar to hang Philarmonic Orchestra. In addition, Bufout in and watch a ball game? Then I falo's Theater District seems to get bigminiature golf at Putt-Putt on Sheridan suggest you take a drive over to Transit gerandbetter every year. Fellow student Drive or bowl a game at Sheridan Lanes, Roadand spend an eveningat theAmer- Carolyn Pratt put it best when she said, also on SheridanDrive. "Buffalohas a lot to offer ifyou look for Another strong point thatBuffalo it. The artisticand theatrical community has to offeris its high-quality malls. The is quite strong." Boulevard Mall on Niagara FallsBouleDowntownßuffalo is alsothehome vardhas approximately 100stores and a of the ErieBasin Marina. The Marina is newly-opened food court. The Eastern located in the city's waterfrontarea and Hills Mall on Transit Road is a much admissionis free. Take a pleasant afterlarger version of the Boulevard Mall. noon walk around the Marina and enjoy See GUIDEpage JO The simple truth is thatBuffalo has more bars per square mile than any other city in America. The CentralPark Grill on MainSt. is a popular law student hang out. The StuffedMushroom on Main St. has great beer. Featurephotos by John Gasper �THE OPINION 10 The Roaming Photographer < by John Gasper, PhotoEditor This week's question is. .. What issues should the SBAaddress? Kevin Barry, 2L "The SBA should lower the $50 activity fee they charge each student." FEATURES September 20, 1994 Group Spotlight: Entertainment and Sports Law Society back in business by JosephBroadbenl, NewsEditor After a three-year absence, the Buffalo Entertainment and Sports Law Society has returned to active duty in thelaw school, accordingto the group's newly-elected president, second-year law student Andrew Freedman. Freedmanwas "happyand surprised" with the turnout of 35 students for the first informational meeting held Sept. 1. He said this demonstrates the strong student interest in the area of sports and entertainment law, a field traditionally neglected in the law school'scurriculum. Freedman stated that the group's main goal is to petition the administrationfor a seminaror class related to the field of sports and entertainment law. Other goals of the group are to provide students Guide, "Let's try to keep O 'Brian Hall exclusively dedicated to Law Studies, especially the library. " rhotnyJifaspe^ Andrew Freedman, president to electing Freedman as president, Jim Mackenzie was elected vice president, Lynn Wolfgang was elected treasurer, and Mike Ganon was elected secretary. Students interested in the group can contact Freedman through his mailbox (#B6). continuedfrom pagenine However, the granddaddy of themall is the Galleria Mall in Cheektowaga. Simply put, this mall has it all. The Galleria has a gigantic movie theater, tons of places to eat and all of the most popular stores. It's a great way to spend the day. Finally, an article aboutBuffalo is not complete until you talk Jennifer Scalisi, 2L with information regarding thechanging issues in entertainment law, to eventually provide a journal for interestedstudents and to develop job leads for students interested in the field. Among some of the topics the group plans to address are cable law, visual arts law, music law, and trademark infringement. The Society is in theprocessoflining upspeakerssuch as Mike Gentile, who is the current attorney for the UBAthletic Association. Currently, Freedman added, there is no faculty member who is actively involved in the field, aproblem that he hopes will be remedied. The club would like to see a class or seminar as part of the law school's new curriculum. On Sept. 8, the Society held electionsfor itsofficers. In addition aboutskiing. I'msureyou'veheard that Buffalo has been known to get some snow from time to time. That means onething-great skiing. Many Buffalonians flock to nearbyKissing Bridge and Holiday Valley ski centers to hit the slopes. There is even an organization on campus known as the Schussmeisters skiclub thatprovidesbus transportationand very low rates for its members. Fellow student AlexBernstein put it best when he said, "It's thebest skiing deal that you'll ever get." Now that must be good. Well, I hope this guide to the ofBuffalo will help make your city three-year stay at UB Law School a more pleasant experience. You mast remember the golden rule about law school: an unhappy student will surely be unsuccessful in his academic career. Therefore, be adventurous, experiment and try something new. See what this city has to offer. Who knows? You just might like it. \ Liz Goldberg, 2L " The SBA should encourage a broader curriculum, such as more clinics, more oral advocacy classes, and more practical and specialized private sector lawclass- C *\ -J I * es." ATTENTION FIRST - YEAR students REGISTER FOR BAR/BRI WITH David Koepsell,4L "SBA should address standardization of joint degree programs. As they stand now we 're lost at sea in a virtual adhocracy." NO $ DOWN AND RECEIVE: * THE BAR/BRI riRST-VEAR REVIEW BOOK CONTAINING OUTLINES & HtACTICE QUESTIONS ANI) ANSWERS FOR ALL-FIRST YEAR SUBJECTS + * Leslie Piatt, 1L ACCESS TO ALL FIRST-YEAR REVIEW LECTURES. ARTHUR MILLER'S CIVIL PROCEDURE LECTURE + "SBA should work to improve lighting in the library andto extend library hours." * HIE "LOCKED IN" CURRENT DISCOUNTED TUITION + * THE KNOWLEDGE THAT YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE , %, PLEASE NOTE: MpbD Until next time. .. INCLUDING TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15 AFTER YOUR FIRST YEAR OF LAW SCHOOL. _ JM $W*^ -T �September 20,1994 THE OPINION 11 Th c Docket TUESDAY. SEPTEMBER2O Liberties Union. Sponsored by The Federalist MONDAY. OCTOBER 3 Society. 2:00- 12:00-2:00pm 4:00CareerPanel: An informational presentation on careers in public practice settings. Speakers include Brian Mahoney (Erie County D.A. 's Office) andRobert Elardo (Volunteer LawyersProject). 3:30MandatoryMeeting: The Prison Task Force Room 106. First years are encouraged to atwill have a mandatorymeeting for all members in tend. Sponsoredby CDO and Buffalo Law Alumni GOLD group. room 106. Informational Meeting: Medical-Legal Society will hold an informational meetingand elections in room 106. All are welcome. Teleconference: A nationally broadcast teleconference concerning the futureof public interest law; "Forging a New Vision of Justice". Speakers include Harold Koh (Lawyer for the Haitian Refugees) and Marian Wright Edelman (Children's Defense Fund). Following the teleconference there will be a live panel discussion involving local attorneys active in public interest law. Viewing location: Spaulding, room 252. Sponsoredby the 9:00WEDNESDAY. SEPTEMBER2I SBA BASH: Meet at the Central Park Grill. University at Buffalo School of Law. Get there early!! FEATURING: The Blackcat 4:003:30CareerPanel: An informational presentation Blues Band. FREE ADMISSION w/ ID. FREE Initiation Ceremony: Newmembers ofP.AD. on careers in private practice settings. Speakers BEER!!!!!!!!!!! be initiated in an unknown location. will include Colleen Doyle (Brown & Kelly) and EdSUNDAY.SEPTEMBER2S ward Jozwiak (Benderson Development, Inc.). UPCOMINGEVENTS: Room 106. First years are encouraged to at6:oopm-9:oopm tend. Sponsoredby CDO and Buffalo Law Alumni OCT6: Law School Gym Night: Everybody is enGOLD group. -CDO Program: "The Hiring Year" come on down the couraged to to Alumni Arena Triple Gym and have a great time. Volleyball and 4:00OCT 11: Mandatory Meeting: Mandatory writer's Basketball will be options for the night. We have Desmond Letters of Intent Due meeting in the Opinion Office, room 724. All the gym to ourselves, and its FREE! !! writers must attend. OCT 14: MONDAY.SEPTEMBER26 Desmond Briefs Due 6:30March for theAnimals: Marchers will meet Rush Week: Phi Alpha Delta Rush Week OCT 22: at Diefendorf Lot. The march is to protest cruelty begins todayand runs through the 28th. Sign up on Convocation on New York's Domestic to animals in our society. Sponsored in part by the first floor. All are welcome to join. Violence Law S.O.LA.R. WEDNESDAY. SEPTEMBER2B 7:30Argument Outlines Due: For those of you Lecture: The march above will be followed by a lecture in 149Diefendorf Hall. Guestspeakers competingin the Desmond Moot Court Competiwill be Betsy Todd, RN, MPH and Bill Dollinger, tion, make sure you get your outlines in today. an investigator for Friends of Animals. Sponsored Check your info, sheets for the specific time deadline. inpartbyS.O.L.A.R. - Attention all law groups! Advertise your THURSDAY. SEPTEMBER22 FRIDAY. SEPTEMBER3O 3:30First Amendment Debate: A debate on the free-speechrights ofanti-abortion protestors. All are welcome. Room 109. Guest speakers will be Professor Lucinda Finley, attorney for the ProChoice Network ofWNV and David Jay, member of the Board of Directors for the New York Civil Jessup Memorials Due: For those of you competing in the Jessup Moot Court Competition, your memorials are due. Five to eight pages of riveting international law will be expected. Check your competition packet for the specific time dead- SBA Board ofDirectors Election to be held Wednesday andThursday, Sept. 21 & 22. The Opinion Voting booths at the law Thursday, Sept. 22 library open from 9 a.m. to 4 p.m. A Candidates'Forum is scheduledfor Today at 3:30 p.m. in room 109. organizational meetings on TheDocket page and tell us about your upcoming events! line. Writers' Meetings: either Tomorrow, Sept. 21 or at 3:30 p.m. in The Opinion office. DRUNK Attendance at one of these days is mandatory. DRMnWeSN'TJUST KILL DRUNK DRIVERS. Andrea Harris, kitted August 20, ttmi ut &Wpm un Rl Cdmitto Rati, Atumiderv, Catyhfnia. Next time your friend insists on driving drunk, do whateverit lakes to stop him. Bet-awe if he kills innocent people, how will you live wild yourself? S5! *, I Liz, we get grumpy when we're hungry! ThanksBen! We like you Sue, At least it's not H:.W -Z TaFrnid,yan<mrbig -o: wmchtugraeiui ThanksLesaandUsa! ~„„„„, ril he home for breakfast! I loveyou. Canyou believethai blatheringfool'/Mush ado about nothing... Another good issue "Z"; way to go! Thanh for everything. Personals are FREE!!! Place yourpersonals in box* lOandwe mightprint it. A very special thank you to PeterBeadle for slaying up really, really late lo make sure our newprinter worked It did! - -ice- foe, ewrvdoghaxhistiavf Hid he, vim know, on thecouch? �12 I THEQPINION September 20,1994 WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 1994 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-09-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/20/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/551c5f6cea88e55264c8e6bb23b703e6.pdf 41c048f7a7c605ab19978443787d96d1 PDF Text Text Extra! Special SBA Election Results Issue Bringing the issues to thestudentssince 1949 THE OPINION Volume 35, No. 3 September 28,1994 STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOLOF LAW Law students elect their class directors Sixrepresentatives chosen by each class 1994-95 SBA Class Director Election Results by JosephBroadbent, NewsEditor Law studentsfrom each class voted last week to elect theirsix Student Bar Association representatives. SBA class director elections were held from 9 a.m. to 4 p.m. Wednesday and Thursday outside the law library. Approximately 48 percent oflaw students, 342 of 771, votedlast week. This figure reflects the large first-year turnout —nearly 70percent offirst-years voted, as opposed to 43 percent of second-years and lLWinners 2LWinners 3LWinners Mercedes Lindao (70) GilMichel-Garcia (70) VeronicaRodriguez (68) TomTrbovich(6B) GeorgeJ.Hamboussi(63) Catherine Nugent (62) John L. Leifert (76) Nancy Stroud (32) Rob Kitson (30) *Kevin Joyce (15) *Bob Callahan (14) Brian Carlan (14) *JoeKresse(l4) Sandy Fazili (70) * Kathy Campbell (22) *EmiliaChernyavsky(22) * Dan Werner (14) *RedaAustin (10) "* I I I I only 21 percent ofthird-year students. lLrace () First-year students elected Mercedes Lindao (70 votes), GilMichel-Garcia(7o votes), TomTrbovich (68votes), Veronica Rodriguez (68 votes), George Hamboussi (63 votes), and Catherine Nugent (62votes) to represent their class in the SBA. First-year turnout was high as nearly 70 percent cast their election ballots. The following are excerpts from statements whichthe candidatessubmittedto The Opinion prior to the election: Mercedes Lindao said she will "dedicate [her] time to becoming] informedand to ng] theissues that are important to all [first-years]." Gil Michel-Garcia described himself as not being afraid of speaking his mind. He bluntly statedthatstudentsshould vote for him "because Gil has no idea what being a student representative is all about."He added, however, that "none of theothercandidateshave any idea either." Newly-elected Class Director Tom Trbovich said he will be "easily accessible, approachable and actively seeking input." He said he intends to fight the proposed Alumni user fee. Veronica Rodriguez statedthatshe would help improvethe quality of thevarious student organizations as well as strengthen connec- tionswith alumni. George Hamboussi said he intends on addressing problems such as parking and student safety as well as advertising thevarious student-alumni programs which are currently being offered. Catherine Nugent expressedher desire to work on issues such as parking, the newcurriculum and theAlumni user fee. Write-incandidatescarried theday in the elections for second- and third-year class directors. 2Lrace The second-year race was characterized a by moderate turnoutof 43percent of eligible voters. Elected were the two official candidates, John Leifert (76 votes) and Sandy Fazili (70 votes), and four write-in candidates, Emilia Chernyavsky (22 votes),Kathy Campbell (22 votes), Dan Werner (14votes),andßeda Austin (10votes). After the election, JohnLeifert expressed concern over student apathy concerning the SBA's work and promised to try to "bring B I * signifies a write-in candidate signifies number ofvotes received students back into the process." He also said he wants to improve the low regard UB Law School receives compared tootherlawschools. Sandy Fazili saidhe plans to workactively onchanging the grading system; increasing communicationbetweenstudentsand faculty and trying to "redeem [the SBA's] integrity after last year's fiasco." Emilia Chernyavsky stated thather biggest goal is to get thestudents to "worktogether" to solve problems which face the law schoolandalso expressed herintentiontohelp thejournals and organizationsimprove thelaw school experience. Kathy Campbell saidsheseestheSßA's role as one of "a liaison between the student body and theadministration[which] presents issues of concern to the administration and helps to work out a compromise." Dan Werner said he wants to give more priority to student organizations, which would encompass funding student groups more and using fewer funds for SBA parties and other activities that"don't directly relate to the law school." Reda Austin could not be reached for comment. 3Lrace Fifty-four third-year students, only 21 percent ofall third-years, came outtovote for their class directors— only two ofwhom were listed on the ballot. The new class directors for the class of 1995are Nancy Stroud(32votes), Rob Kitson (30votes), Kevin Joyce(ls votes), BobCallahan (14 votes), JoeKresse (14 votes), and Brian Carlin (14 votes). Stroud and Kitson were official candidates; the others were write-ins. In a post-election statement, Nancy Stroud expressed herintention to "re-establish the group cohesion that was missing from last year['s SBA]" and to focus on group concerns rather thanindividual ones. RobKitson saidhe wants to try to "return the SBA to its limited function of allocating fees and working on SBA concerns" and to fight theproposed Alumni user fee. Bob Callahan stated that his main goal was to ensure "that this year's SBA does as much or more than last year's." The otherthree third-year class directors could not be reached for comment. A look at some of your new SBA representatives MercedesLindao, 1L GUMichel-Garcia, 1L Veronica Rodriguez, 1L JohnLeifert,2L SandyFazili, 2L Kathy Campbell, 2L TomTrbovichJL George Hamboussi, 1L EmiliaChernyavsky, 2L Dan Werner, 2L Photos of3L winners Kitson, Joyce, Carlan andKresse were not available atpress time. CatherineNugent, 1L Nancy Stroud, 3L Reda Austin, 2L BobCallahan, 3L �THEOPINION 2 September 28,1994 PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! (*)»3 i all Ist. 2nd or 3rd years: I Pieper NY-Multistate Bar Review is looking I for a few good persons to be representatives at your I law school. If you're at all interested, give us a call. I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I COME JOIN THE PIEPER TEAM!!! �EDITORIAL September 28,1994 ~„ , Volume 35, No. 3 THE OPINION 3 . c . OQ Iftn 28,199 September Founded 1949 Peter G. Zummo Evan C. Baranoff Editor-in-Chief Managing Editor EDITORIAL: Break our chains Law students' freedom ofthe press is at stake from governmental press, free You, the law students, deserve to have an unfettered restraints, to cover StudentBar Association activities. Currently, theSBA hasThe Opinion underlock and key. The SBA's current budgeting system makesThe Opinion totally dependent on theSBA forfunding. F.ach year, theSBA loans approximately $8.000 to The Opinion. TheQpinionis then required to surrender all advertising revenue it generates to the SBA, an amount sometimes in excess of the initial loan. Additionally, The Opinion must get SBA approval for all expenditures. By controlling the purse, theSBA has theability to sanctionThe Opinionwhen opinions are expressed which run contrary to its interests, and unfortunately this power has been exercised on multiple occasions during the law school's history. As recent as last year, the SBA president attempted to influence our coverage and editorial policy. Last year's president waspresent at several production nights to ensure that he was treated "fairly." Two years ago, according to formerEditorial Board members, after generating more than $5,000 of advertising revenue, The Opinion EditorialBoard had to beg the SBA for money to publish its final issue because its loan money ran out. What if they said no? Countless times during the 1980s,the SBA hasusedits power to sanctionThe Opinion. (Please read the excerpts ofpast editorials andstories reprinted in this issue.) The list goes on and will continue to go on unless something is done to protect theFirst Amendment interests of law students. SBAPresidentBen Dwyer hasassured The Opinion that hisadministrationwould never sanctionThe Opinion for views expressed in the newspaper. We don't disbelieve him, but we oweit to thefutureof ournewspaper to ensure thatless enlightenedSBA representatives don't abuse theirpower. A system must be put in place whereby The Opinion is (1) free from governmental restraintand sanctions, (2) guaranteed SBA subsidies and allowed to utilize its advertising revenue, and (3) allowed access to its funds withoutSBA approval and red tape. The policy requiring The Opinionto surrenderits advertising revenue to theSßA is unfair andmustbe changed. No otherstudent group is expected to pay back the money it's funded. Moreover, since The Opinion has no incentive to generate advertising revenue, we have become unnecessarily and dangerously dependent on SBA funding. In our last editorial, The Opinionwas highly criticalof the SBAnewsletter. Thateditorial hascaused some SBA members to become rather unhappy withThe Opinion. We hope that thesefeelings do not translate intoopposition to our request. If this does happen thenit would confirm our worst fearsand demonstrate that, already, The Opinionhasbeen sanctionedfor speaking out against what we see as government excess. The Opinion represents the only check on your student government. We are the watchdog of theSBA. We must be free to cover the SBA without fear ofretaliation through theSBA's budgetary power. Further, you the students must demandthisof your government. Without true freedom of the press you can never be certainofhow your interests are being served by yourrepresentatives. The American Civil Liberties Union guidelines on "Academic Freedom and Civil Liberties of Students in Colleges and Universities" states: "All student publications college newspapers, literary and humor magazines, academic periodicals and yearbooks should enjoy full freedomofthe press, and not be restricted by eithertheadministration or the student government. This shouldbe thepractice even thoughmostcollege publications, except for therelatively few university dailies which are autonomous financially, are dependent on the use ofcampus facilities, and are subsidizedeither directly or indirectly by a tax on student funds." Thesystem used to fundTheOpinion must change. We will be making proposals to the SBA during the next several days and weeks to effectuate this change. We hope that our propositions will be met by a government sensitive to theissues we have raised and willing to work with us topromote the goals ofa free press. In the meantime, speak to your newly-elected class directors and fight for the freedom of your press. -— You must demand nothing less than a free, unfettered press! STAFF Business Manager: Lisa Nasiak Production Manager News Editor: Features Editor: Photography Editor: ArtDirector: Stabilizing: FreedomoflheprcssandFrenchy Excerpts frompastOpinion editorials andarticles recount past attempts by thc SBA to san ction The Opinion for expressing its views Guard your rights: Know your governmentand help control it Editorial: Oct. 12, 1983 (Vol 24:3) School community members, our elected ...Without thebenefitofconstructivecriticism from Law unchecked. Certainly there bylaws and are SBA representatives are allowed to exercise their power procedures which are carefully followed, andcertainly SBA makes every effort to be accountable to the studentbodybyposting SBAmeetingminutes and publishing news in The Opinion. Nonetheless, the wheelsofthe SBAmachine turn daily and, for the most part, withoutthe benefit olinput from theseven hundred or so law school students that SBA is there to serve. Withoutdiligentsupervision by us, ourelected representatives and appointeesvirtually controlour non-academicexistencewithin the law school. We, the constituents, owethesegovernors our opinions, so as to insure thedevelopment ofthe bestol all possiblestudent governments. Andweoweittoourselves to guard our rights and lo keep our SBA accountable to us. Inappropriate Remedies Editorial: Dec. 1, 1983 (Vol 24:6) On November 10,1983,SBApassed a motion whichreduced theprinting budget ofTheOpinion by $2,400. This motion was passed in the "usual" SBA fashion-notifying theEditor-in-Chiefless than two hours before the meetingbegan, and completely failing to notify both theBusiness Manager, who oversees the finances ofTheOpinion.and the Managing Editor. The Opinion has been subjected to therelentless accusations of impropriety by the current SBA administration. "Guilty until proven innocent" appears to be the new catch-all phrase for the SBA's political leaders, at least where thisnewspaper is concerned. The current issue dealswith theexistence of a "hidden"checking account whichThe Opinionhas handled independently ofthe SBA budget lines. This checking account was createdseveral yearsago as an alternative to thepredictably slowand inefficient voucher system filed through theSBATreasurer and Sub-Board 1. The account allowsThe Opinion to meet immediateprintingexpenses, purchase office supplies, and retain an active credit account with a photography service. Apparently, certain membersoftheSBAfeel thatthis account is an evil thing-it is money thatis not underthe directcontrolof the SBA, thereby creating an atmosphere of independence in the day to day activities ofThe Opinion (a dismalprospect for anewspaper whichopens its forum to thestudents, by the students, for the students.) ... Perhaps this is merely an opportunityfor theSBA to flex its political muscle. Perhaps thememory of Dippikill has been resurrected, and certain members of this administration thirst for vengeance. In aneditorialwhichran several weeks ago. fTheOpinion. 24:3) theeditorial staffofthis newspaper warned you, the students, to be aware ofany signs ofSBA authority being unduly exercised. Do not ignore such warnings! The Opinion is a law student newspaper, funded by law students activity fees. Ourpurpose is to represent your interests, provide you with a reliable and quality service, and supply a channel for the expression of independent ideas ideas independent ofthe norm (or so we are told), independent ofthe Administration, and independent oftheSBA. - BurgerKing: "Have it your way"; SBA "Do it our way!" Editorial: April 24,1985(Volume 26:1) New Item: SBA approves Motion 13-15: "To cut The Opinion's budget $ 1000 because of their personal attacks onindividuals, lack of accountability, libel, largebudget, abuse ofdiscretion and lack of representation of thestudent body" When theFramers ofthe Constitution adopted theFirst Amendment, they recognized the vitalrole a freepressfulfills in a democratic society. They believed that a newspaper must have broad freedom to criticize government actions so that people would hear opposing viewpoints on matters of public importance... Apparently theSBA is not impressed with these lofty principles. By suspending a fiscal sword ofDamocles over the new editorialboard's collective head, they are in effect telling us what we may and may not print. They call it "making the paper more accountable" and "making thepaper more consistent with theviews ofthe student population." We call it censorship. The message is loud and clear: "Either you print what's acceptable to us or we'lltake away your funding." The SBAedict sets a dangerous precedent by producing a chilling effect on the constitutionally protectedright ofFreedom ofthePress. Presumably, SBA's purpose inpassing Motion 13-15 was to provide The Opinion with a monetary incentive to refrainfrom calling things theway we see them. Maybe ifwe'regood little boys we'll get our allowance back. We can'thelp but resent SBA's use ofits power ofthe purse to bring the paper to its knees in this fashion. . SBA Attempts to hamper operation offree press Peter Beadle Joseph Broadbent Vacant News Article: Dec. 7,1988 (Vol. 29:8) At a Student Bar Association (SBA) meeting held on Tues. Nov. 15, 1988, the SBA discussed, and at one point considered, a motion that would hamper the free and independent press by forcing The John Gasper Vacant Assistanteditors:Business: Eric Dawsonand Charles and Lesa Maslanka. Computer Consultant: Peter Beadle SBA's history of abuse JohnFederice Destabilizing:Thelowertray TheOninion isanon-profit,independent.student-ownedand nin publicationfundedby theSßAfromstudentlawfees. The Opinion. SUNYAtBuffaloAmherstCampus, 724 JohnLordO'BrianHall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is publishedevery twowecksduring theFall andSpringseme.slers.ltis thesludentnew.spaperoftheStale Universityof New Yorkat BuffaloSchoolofLaw. Submis.siondeadline.sforletters tothe editorandPerspectivcsare 5p.m. on theFridayprecedingpublicalion. Advertisingdeadlinesare 6p.m.on theFriday precedingpublication. Submissionsmaveitherhe.senttoThcOpinionatlheabovenotedaddress, droppedoffunderTheOninionoffice doorfroom 7240'Brian Hall),orplaced inßox#loor#2Bo on the thirdfloorofO'Brian Hall. Allcopymastbetyped.doubled-spaced,andsubmittedon paperandon "Congress shallmake no law ....abridging thefreedomofspeech, orofthe press;..." Opinion,theSUNY at BuffaloLaw School Newspaper, to publish certain material. Although the matter was tabled pending further "investigation" some SBA members made clear their desire to hinder The Opinion's production, layout, and printing by cutting back on SBA's allocated funds to The Opinion. ...MartinColeman, second-yearSBA Director, insupport ofthe motion [to forceThe Opinion to publish certain materials or face punitive sanctions ], stated: "I'm not satisfiedwith whatThe Opinion has done. It is something that I'm really pissed off at. Let's just cut their money. Let's make sure their money gets cut. It's that simple. I say let's exert pressure. Let's send a message." acomputerdisk (IBM- WordPerfect).Letters arebestwhen writtenasapartofadialogueand must be mimore thanrwopagesdouble-spact Perspectivesaregenerallyopinion spaced. The Opinionreadsandappreciates every letterandPerspectivewe receive; wereserve the right loedit anyandallsuhmissionsforspa asnecessary andalsoforlibelouscontent. The Opinionwill not publishunsigned submissions. We will returnyourdiskstoyourcampusmailK ortoaprivate mailbox ifaself-addressedstampedenvelopeis provided. SBA. Any Copyright 1994 by The Opinion is dedicated lo provide a forumforthefrecexchangeofideas. Asaresult, Iheviewsexpressed in this newspaperare n nece&sanlytrKise ofthe Editors orStaffofThe Opinion. < : • — The FirstAmendment �THEOPINION 4 &B*n- September 28,1994 „.„,__ ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Recognizing the financial hardships that graduating law students face, BAR/BRI Bar Review is offering need-based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. Your letter should be no more than one singlespaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by October 31, 1994. Students will be notified of their scholarship award by the end of November. - These scholarships are not assignable and will only be honored for the bar review course in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-09-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/28/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6df8a44de62c73f7a435ce744eb18192.pdf 3c9edcaf2effc8961ac6368f41b22af0 PDF Text Text tssras, How safe is the basement of O 'Brian Hall? See story on page 3. I .... _ . . I O 'Brian Hall isfalling apartat the seams. See page 4, Bringing theissues to thestudentssince 1949 ■ I UBLaw's newßesearch& WritingProgramandpmfessors. See story on page 7. THE OPINION Volume 35, No. 4 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW October 12,199 Alumni Arena user fee abandoned byJosephßroadbent, iNewsEditor A three-year agreement hasbeen tentatively reached that will allow law students, as well as other graduate students, to use Alumni Arenafacilities without the implementation of a user fee. The agreement comes after months of negotiations and several meetings involving the UB administrationand thesix graduate and professional student groups. Last summer, the administrationproposed to change the then-existingpolicy whereby graduate students were granted access to Alumni Arena'sfacilities via contributions from the various graduatestudent groups. Underlast summer'sproposed plan, studentswouldhave been forced to purchase individual user passes at a price of $50 per semester. TheRecreationaland Intramural Services Board("R&I") based its proposal on a survey which it conducted regarding what groups used theArena and how much; the Board claimed that the survey showed that the user fee system would raise $ 105,000. TheBoard toldthestudent groups thattheold system wouldbe retained if the groups could come up with the same amount ofmoney. Immediately after the plan was announced, graduate studentsand their governments expressed theiropposition. The administration eventually pushed back implementation ofthe fee until Oct. 1. At its Sept. 27 meeting, the SBA voted to increase its contribution to R&I to $12,000 for this year with 3 percent increasesfor eachof the next two years.The increase to $ 12,000 represents a 16percent increase over last year's contribution. The increase in therequired contribution to R&I is much higher thanany oftheother graduate studentgroups ~ withthe exception of the Graduate Student Association even though theArena is usedby law studentsless than 5 percent ofthetime. The administration originally proposed an increase of 40 percent. — This proposal was acceptedby theadministration at the Oct. 6 meeting. While the agreement is still verbal, all the parties involvedhave agreed to its basics. As Athletic Director Nelson Townsend stated, "the issue is finished; it only needs implementation." As a result of the agreement, all graduate student groups with the will be increasing their contributions to R&I exceptionoftheMedical School which will contribute nothing, _M™™«„. — Law students give back to their community by Martini Iwala, Reporter In the morning hoursof Saturday, Oct. 8; 1994, the residents of Adams Street on Buffalo's East Sidewelcomed some unusual visitors. The visitorswere UB law students, who were participating in the first ever law students' Community Service Day, sponsored by the Student Bar Association. About 27 law studentsvolunteeredto work with Habitatfor Humanity to help fix up houses for low-incomefamilies in downtownBuffalo. "UB lawyers are working to improve the image ofthe profession," saidSBA President BenDwyer. The Community Service Day is a part ofSBA's goal to link UB Law with various communities in Buffalo, Dwyer said. Law students now have an opportunity to help the community, he said. Law students responded to the SBA president's call. . SeeUSEßFEEonpagelO Faculty approves changes in first-year program byPeterZummo, Managing Editor for three to tour weeks in January, rirst-yeai Tom Headrick has constudents willparticipate in these bridge coursit the changes envisionedfor thefirst es through theirResearch andWritinggroups. ram (see The Opinion. Aug. 30) were According to Headrick, there may be me one-credit courses for upper division approvedby the faculty. "The faculty has passed itand theadminstudents during this bridge course block; howistration will do its best to implement the ever, the plans for this arrangement are still in for next initial stages. ," he said. Sum m c i "Th c majorchange return ing The new courses may students will be when classes start and becomemore first-yearprogram extensive"in the will consist of a when they yearlong Perspec--DeanHeadrick long term", but for tivescourse, asixthe foreseeable fucredit, two-semester Research & Writing ill remain as they have been, n orderfor the new curriculum tobe put course, and six traditional first-year subjects: Contracts, Torts, Procedure, Criminal Law, into place, the Planning Committee has proConstitutionalLaw and Property. First-year posed lowering enrollment to 200 210 stustudents will begin theireducation at UBLaw dents. This proposal has yet to be approvedby witha sevenor nine daycourse entitled"Intro- the provost and president, Headrick said. to Law and Legal Studies." Coupled with a reduction in enrollment, Thestructure ofthe semesters will change there will be a "modest increase in tuition ill students including second- and third- spread over three to four years." This increase students. isalso awaitingapproval by the SUNY admin"The majorchange for returning students istration inAlbany, Headrick said. be when classes start and when they The tuition increase proposal also refinish," Headrick said. Classes will begin in quests thatany increase inrevenue be direct 1y Septemberafter Labor day and will continue returned to the law school budget by SUNY, until themiddle ofMay. There will be a short something thatSUNY hasrefused to do "as a blockof "bridge courses," courses that will run matter of principle" in the past. Rng-Dean Ptio by Suzanne Crista, 3L, lendsa handto a young resident during Community Service Day. but will consequently be barred from using the facilities. Itis also possible that Student Affairs will contribute to fill in any funds that aren'traised. Nelson Townsend maintains that his department never wanted a user fee in the first place (it would be too much of a hassle); the department merely wanted to know where the moneywas comingfrom inadvanceandbeassured thatit would bepaid what it was owed. He said that a user fee wouldend up depriving thosestudents who didn'thave the money to buy a pass of the opportunity to use the facilities. Townsend further stated that the new agreement is an i mprovementover theway things havebeenhandled in thepast, where there would be an annual debate over how mucheach groupwouldcontributeand then a year-end problem of trying to collect the promised contributions. The current agreement looks to the future and avoids the yearly problems that have occurred in the past. He added thatthe user fee controversy hasbeenbeneficial in that it has caused thestudent groups to look towards longrange plans and has helped everyone realize the importanceof the issue. Martinlw HelenPundurs, 3L, arrived onher bicycle at about 8:40 a.m. A few minutes later, Bruce Karpati,2L,steppedoutofaredßMW. By 9:15 a.m., all 27 law students hadarrived on Adams Street using various means of transportation. By 9:30 a.m., residents ofAdamsStreet had begun to watch whatwas going on with curiosity. LaYette Gray, a resident of oneof thefourhouses underconstructionjoined the law students inshovelingandspreading soil on her yard. A few minuteslaterBonita Hill and Pleasant Barker accompanied the students in separating rocks from thesoil and reseeding the yards. These residents were later accompanied by theirchildren in sorting out dirt and rocks and transporting unwanted debris to dump trucks. At noon, law studentsand other participants were treatedto pizza and sodas donatSec COMMUNITYDA Yonpage 6 Kiges ■ i for finish." Jits - Kion § Voter registration deadline is Oct. 14 '1 in the 14. Nov. 8 Even must rt >ct. i ir's elections, you .ou moved. tate-wideraces includecan- 1I didatesforGovernor.LieutertaniGotvemor, Comp: i Attorney General. All seats in the State Senate and Assembly are also available this year. On thenational level, all 435 members Senate seat is being contested. Registration forms must reach your County Board of Elections by the Friday deadline Theßoard of Elections is located at 134 West Fagle Street in downtownBuffalo. Forms are also available at many public libraries in Ene County or you can call the BoardofElections at 858-8891. �October 12,1994 THEOPINION 2 T7PT7T7 MPRE REVIEW OUR LOCATIONS FOR NOVEMBER 18TH MPRE EXAM ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, October 16, 1994: LIVE Lecture Amphitheater, Main Floor Fashion Institute of Technology - *Enter at 27th St. and 7th Aye. entrance .h. Saturday, October 29, 1994: mm VIDEO-TAPE Lectures Boston Univ. Law School Georgetown Law School Hofsti a Law School Syracuse Law School Pace Law School Room 1434 ROOM 109 ROOM 238 Melviri Lecture Hall ROOM 405 Sunday, October 30, 1994 VIDEO-TAPE Lectures ROOM E 7/ 8 ROOM 109, O'Brian Hall ROOM 110 i Albany Law School Buffalo Law School NYU Law School iT^mmmmmmimmmimKmmmmmmmamammmmmsmmKmmmmmnmmm^mmmmmmmmmmm lb reserve a seat, CALL 1 -800-635-6569. This course is available to any and all interested students no matter which bar review course he or she is registered for. WALK-INS ARE WELCOME!!!! �October 12, 1994 THE OPINION New society recognized by SBA by Steven Dutz,.Reporter The Student Bar Association formally recognized the Entertainment and Sports Law Society at its Sept. 27 meeting. For more than an hour, the SBA and Society President Andrew Freedman debated the issues offormal recognition and Freedman'.s request for funds for Hie group. Andrew Freedman. who thought he had done everythingpossible to insure recognition by the Student Bar Associationand who had consulted closely with the SBA about requirements for recognition, stated (bat more than60 students had signed upas members and elected un executive board The society had lined up several speakers for the coming year, had enacted a Constitution and prepared a tentative budget. The SBA ultimately voted to recognize theSociety and to grantit enough funds to cover initial costs and the first sponsored lecture. "I did what ] had to do," Freedman said "1 pulled together people on a topic that they wanted to hear about. There was.i tremendousresponse. 1 went through the for ma! process?' Freedman said thaithe delay in full funding conldjeOpardize thefutureplans of the society .includingkindr.iis.mg. petit lolling for sports law classes and the lectureseries. "1 worked hard to get people who wouldn't charge anything." he said.; :|l:ls| The recognition stalled ontwo issues. The first issue was brought up by 3LClass Di rector Nancy Stroud who pointed out that under the SBA bylaws, all organizations seeking SBArecognition must have aconft rmed faculty advisor, a requirement Freedman stated he was unaware of. SBA President FVm Dwyer contained thatthesubject had not come up in his conversations with Freedman concern!ng the requirements for; SBA recognition. He added that there shouldn't be a probl eminlirti ng upa faculty member or adjunct faculty member to serve * The second issue was the proposed budget. The society was seeking 51.500 from the SBA. which included $300 OOin start up fees, $400.00 for thelecture 1 me and $225.00 for two members to attend the State BarAssociauon'sentertaiiunentandsports law meeting in New York City. Questions were raised about the amounts requested, andaftera few minutes discussion, 2L Class DirectorJohnLeifert moved to tablerecognition of the Society, with 1L Director Veronica Rodriguez seconding the morion. : The effect of the motion would have been to leave the Society withoutany funds to start up or to fund its first speaker, it was narrowly defeated8-10,with Stroud a key i vote against the motion. ~;• by Jessica Murphy, Reporter Dragging aroundbooks by the ton seems to top the law student's job description and snow seems to top everybody's list when they describe Buffalo, NY. So what's a poor law student to do with a full back-pack in over two feet of snow? Well, ifyou're lucky, you can get alocker, some of which are located in thebasement of O'Brian Hall. But have you been there lately? First-year StudentBar Association CI ass Director George Hamboussihasand he doesn't like whathe's seen, expressing concern about the safety of the area. "Although something might not have happened yet, that doesn't mean something won't happen," Hamboussi said. "And if something does happen, we're going to kick Many law studentsdreadto venture intothe basementlocker area ofO 'Brian Hall. ourselves for not doing anything beforehand." Hamboussi, whosemain campaign goal room, but elusive funding and needsof thelaw unsafe. "I see thebasement as not only unsafe, but [as also] creating a pseudo-caste system was to improve safety conditions at the law school faculty have taken precedent overrenwith the first-years on the bottom, said Chris school, said he's heard several complaints ovatioas. Nickson, IL. Since 1988, Cook's input increased lightfrom first-year students about the poorcondi"The lockers provide space where an tion of O'Brian Hall's basement. Among the ing in the locker area and prior to her involveattacker couldhide from a student'sview until ment, mirrors were installed to aid students cited are the complaints basement'spoor lightthat student is too close to escape," said whoventuredinto the area alone. of an or camera and the the lack alarm ing, Prior to the state's budget cuts ofSUN V Sharon McDermott, IL. "During the afterbasement's isolationfrom the rest ofthebuildnoons and evenings... becausethere are so few funding, there were plans torenovate thebaseing, making it likely that ifanything did happeople [around], the locker area becomes an ment andlocker area i nto a bright andcomfortpen, nobody wouldknow. able social atmosphere, according to a UB ideal setting for [an attack.]" "We already know aboutlast year's robMichael Graff, IL, said, "I do not personberies," Hamboussi said. "I don't think it's administratorwhowished not to be identified. But plans to create a common place for stually feel thebasement area ofO'Brian Hall.. safe. There are too many possibilities." presents a significantly dangerous area Hamboussi said the SBA is working to dents, faculty and administration to meet for address this issue. He said some possible conversationand coffee diedwhenthe budget compared to my front yard near Bailey, for safety measures being looked into include cutswere implemented, the administrator said. example." Marie McCleod keyboardspecialist, said But Graff added, "If a number of students placing a directphone line and video cameras in the basement. He also wants to see Public she wants to improve the situation for all the are concerned, it seems measures should be Safety offer safety seminars to graduate stu- students using the basement facility. "I'm taken to ease the concerns." For example, he willing to dowhateverI can to help," shesaid. said better lighting and "blue-light" phones dents. "Basically, ifsomething were to happen "Maybe with stronger student i nput, we can do could be installed. Danielle Grimm, IL, made some other down there, the school would be liable," something." McCleodmentionedthatstudents in presuggestions on how to improve thesituation. Hamboussi stated. "They are responsible for "I think there's a common sense approviding a safe atmosphere to theirstudents." vious years have attempted to get the area weren't to able obtain enough proach to this problem," she said. "Until UB There are approximately 500 lockers renovated, but support. improves thelocker area we need to know how available to students, as well as variousofficHamboussi said that heis a to defend ourselves. We need classes and starting peties, in thebasement. According to UB admintion to drum the student that's escorts to do this." up support istrators, no seriousincidentshavebeen reportGrimm needed to resolve the said it's timestudentstook some problem. ed to date. students their frustraaction to resolve the problem, adding, "When expressed MarleneCook, assistant lawschool dean, Many the reaches you, do somecondition, tionswiththe basement's but others circulating petition said she has been working diligently to imit." that the basement was and particularly thing sign prove the conditions of the basement locker disagreed PhotbyJnGasper New domestic violence law is topic at willawards luncheon the awards. by Shelley Chao, Reporter UBLaw School and the UBAlumni Association are presenting the 1994JaeckleAward Luncheonand the 19thAnnualAlumni Convocation on Saturday, Oct. 22 at the Atrium in the UB Center for theArts. The luncheon presentation of theJaeckle Awards to Arnold B. GardnerandSen.Dale M. Volker, R-Depew, will follow a morning-long convocation. The convocation, which will begin at 9 a.m., will focus onNewYork State's new Family Protection and Domestic Violence Intervention Act of 1994, which has amended more than 40 sections of the New YorkPenal Law. The panel, which will present the prose- cution, litigation, judicial, expert witness, and media viewpoints onthe new law, will include the law's principal author and sponsor, New York StateSenatorStephen N. Saland. Representatives from all judicial levels from the Buffalo City Court to the state Supreme Court will be participants in the domestic violence program. Other scheduled panelists include UB Law professor Charles P. Ewing, as well as adjunct professor and Erie County District Attorney Kevin M. Dillon. Judges, law firm representatives and a representative from the media will also participate in the program. The luncheonpresentation of theJaeckle Awards will comprise thesecond half of the day'sevents. UBPresident WilliamR. Griener SBA Party! Stroud then moved to provisionally recognize the Society and grant it $200for; fundsto operate for two weeks. 2LDirector Reda Austin seconded themotion. Stroud accepted friendly amendments from SBA \ Treasurer Elizabeth Jewett to tncrea.se the start-upfundstos2sG.OOaodfrornLdferttQ make recognition contingent upon the ac- \ ceptance of a faculty advisor and a budget i review. The motion passed 1 9-0 as amended. Freedman said that the SBA leader- \ shiphad been very cooperativeand helpful andattributed thedelay in recognition to the j fact that the Society was new to a lot ofthe j • PhotbyMlKnciask class directors. He characterized their at-1 titude as "just give a little and see what I happens," but the effectis that it "cuts youI off at the knees." Freedman said that he would be sub- SecSBAMEETING anpug* w 3 Safety of O'Brian's basement questioned SBA meeting: as an adviMir, NEWS Andrew Freedman, Hilary Banker, Liz GoldbergandJohn Formichella were just same of the many law students who turnedoutfor theSBA 's party at the CPG. SeepageII for others. present The Jaeckle Award, named for UB Law School alumnus Edwin F. Jaeckle, is given in recognition of an individual who has distinguished himself or herself and made significant contributions to the law school and the legal profession. This year, thelaw school and theAlumniAssociation wil 1bestow their highest honor on two recipients. Gardner received a bachelor's degree fromUB in 1950andalaw degree fromHarvard Law School in 1953.A private attorney and a senior partner at Kavinoky and Cook, he has served on the governing board of the State University ofNew York since 1980. Volker, a New York state senator, graduatedfrom UBLaw in 1966. Hehas served as chairman of theSenate Subcommittee on Alcoholism and is a criminal justice expert. Invitations to the convocation and the awards luncheon were placed in lawstudents' mailboxesOct. 6. Ilene Fleischmann, a coordinator ofthe events, stresses that students are invited to attend. Of special note, she said students who pre-register in 318 O'Brian by Oct. 15 will be guests ofthe Alumni Association, and will receive a free breakfast, extensive written materials, including a copy ofthe new law, andafree lunch. Only those who preregister can be accommodated. According to Sue Tomkins, a clinic instructor for UB Law School's domestic violence clinic program, some students in her program were involved in the drafting of the new legislation through their testimony to the Senate Subcommittee. "This is not the morning to sleep in," Fleischmann said.Law students who would like further information may contact Fleischmann at 045-2107. �EDITORIAL THE OPINION 4 i «xi w 35, Volume No. 4a Foundedl949 Evan C. Baranoff Editor-in-Chief October 12, 1994 ,_t , infM 12,1994 October Peter G.Zummo Managing Editor EDITORIAL: The death trap we call home O' Brian Hall is falling apart at the seams. The elevators are chronically broken. The basement is in deplorable condition. The classrooms are deteriorating (see room 108for example). And the list goes on and on. And don't forget, the building is loaded with asbestos but don't be alarmed; the university monitors the air quality "regularly." UB administrators say they can't renovate O'Brian because of the asbestos problem. If the real reason was the asbestos problem as the university might like us to believe the failure might be excusable. But the plain harshtruth is thatthe university is too cheap to spendmoney on fixing the elevators, and is more willing to maintain its buildings in a decrepit condition and violate legislation such as the American's With Disabilities Actthan concern itself with our safety. Not only are the malfunctioning elevators a major inconvenience to the students, faculty, and law school officials; they're especially troublesome to students with disabilities and special needs. While most students justifiablycomplain about having to walk up four or five floors, to students in wheelchairs the elevators are their only way around O' Brian. When they are inoperative, these students are effectively cut off from pursuing their studies. The Students with Special Needs program is deeply concerned with this situation, but the university has consistently shown a persistent and complete disregard for the safety and mobility of these students. Even when the elevators are working, students still encounter problems. Due to the design ofthe two elevators, a person must stand well away from the doors to be able to see which car is available. By thetime aperson in a wheelchair can maneuver to the car, the doorsare closing, leaving him or her to wait another five minutes for the next car. This situation is intolerable and most likely illegal under the American with Diasabilities Act Another issue of concern for disabled students or, with ski season fast approaching, someone who must getaround on crutches, is the entrance to the library. There is no way for the doors to be opened except by a person able to walk in. A person in a wheelchair isleft to wait there until someone opens the door for him or her. It's time the university addresses these issuesand allocates the necessary funds from the capital budget. O'Brian has been the poor forgotten step-child long enough. We should demand our fair share of capital funds that are indispensible to bringing the building into compliance with the currentrequirements and with basic standards of decency. See THE EDITORIAL onsamepage — — - . The Editorial, continued UB Law officials agree. They too have expressed their disatisfaction with the lack of concern and apathy on the part ofthe university administration. We would hate to thinkthat it has to come to the point that a student would have to file a lawsuit against the university seekingenforcement ofthe relevant regulations, or worse, for someone to come to harm because ofthe university' s apathy. Isthe leadership ofUB really waiting for an elevator car to drop from the seventh floor to the basement causing multiple serious injuries? We certainly hope not. At the very least, a sign shouldbe posted on theelevator doors: "Warning: The use of the elevators may be hazardous to your health." Perhaps someone shouldalso place an hourglass next to the elevators so that students can see how many hours it will take until they are able to use the pathetic excuse for an elevator system the law students have been saddled with. To demonstrate the validity of these issues, we challenge President Greiner to come over to O'Brian Hall on a regular school day and take a look for himself: ride the elevators (if you dare), walk up and down the steps of Room 108, and boldly venture into the basement without a bodyguard or a guard dog. We're confident that after Griener experiences the shabby conditions first-hand, he' 11realize that we' re not just a bunch of law students looking for something to whineabout. NOTICE: The Opinion will now be publishingonWednesdays.Deadlines forsubmissions remains Fridays. Thank youfor your support. Clarification: In clarification of the Sept. 28 article, "Law students elect their class directors," George Hamboussi saidhismain goal as an SBA class director will be to promote student safety. Heis currently working to make the basement of O'Brian Hall safer for students. • STAFF Business Manager: LisaC. Nasiak Production Manager Peter W. Beadle News Editor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Probing, Timely, Assistant editors:News: John FedericeandLesa MaslankajP/ioto: Molly Kocialski; Graphics: David Leone. Beat reporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Controversial, Downtown: Michael Kuzma. Contributing Staff: Rosanna Berardi, Michael Chase, Martini Iwala, Les Machado, Bob Morgan, Jessica Murphy and Jake Santos. Computer consultant: Peter Beadle Stabilizing: Jennie Destabilizing: Bamhi andsleepdeprivalion The Opinion isa non-profit,independent, student-ownedandrun publication fundedby theSßAfrom studentlawfecs TheOpinion, SUNYAtBuffalo AmherstCampus, 724rohnLordO'BrianHall, Buffalo.New York 14260 (716)645-2147. The Opinionispuhlished every two weeksdurinntheFallandSprinpsemesters.ItisthestudentnewspaperoftheStatetlniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1994hv TheOpinion. SB A. Any reproduction ofmateriaIs here in is strictlyprohibited without theexpress consentoftheEditors. Submissiondeadlinesforletters to theedilorandPerspectivesare5 p.m. on theFri dayprecedingpuhlicalion. Advertisingdeadlines are 6 p.m. on the Friday precedingpublication. Suhmissionsmav eitherhe sent toThcOpinion at theabove noted address. droppedoffunderTheOpinion officedoor ("room 724 O'Brian Hall),orplaced in Box#loor#2Boon the thirdfloorofO' BrianHall. Allcopy mustbe typed,doubted-spaced,and submitted on paperandonaaimputerdi.sk(IBM-WordPerfect) Letlersare best when written asa part ofa dialogueandmust he nomore thanrwopages double-spaced.Perspectives arcgenerallyopinionartielcsconcemingtopicsofinterest tothe taw schoolcommunity andmusthe nomore than fourpagesdoublc-spaccd The Opinionreads and appreciates every letterand Perspectivewe receive; wereserve theright to editany andall submissions forspaceas ncecssarvandalsoforlihcloascontent. The Opinionwill not publishunsinnedsuhmiss ions. We will return yourdisks to yourcampusmailbox or toa private mailbox ifa self-addressedslampedenvelopeis provided. The Opinion isdedicatcdloprovide a forum for the freeexchange ofideas Asaresult, the viewsexpressed in thisnewspaper are not necessarily those ofthe EditorsorStaffofThcOpmion. "Congress shallmake no law ....abridging thefreedomofspeech, orofthe press;..." ' --TheFirst Amcndmi-nl _ Beer... Join The Opinion! »-vv v.>.-.' .• ffyim j0 j,llls wtUlst(>prumtinglltese.m<inx<isf>aii> fillers!!! �OP/ED October 12, 1994 THE OPINION 5 The Opinion Mailbox In response to "trampling on the freedom of speech" Don't fret over newsletter ed,a numberof the Framers sat in the Congress that passed the Sedition Act of 1798, a piece of legislation that providedfor finesand imprisonment for free-speakers who opposed measures of the government. Although some, including our FirstAmendment archetypes Madisonand Jefferson, argued that the act was unconstitutional, othersoftheFramers disagreed and helped pass the measure into law. Although the Sedition Act episode has received a curious historical treatment in such cases as NewYorkTimes v. Sullivan, it surely stands to refute any inference that the Framers were of one mind and "intended to protect all kinds of speech." The author goes on to characterize thefreedom of speech as "the most important oftherights guaran- The fact that the Student Bar Association is publishing a newsletter should not cause The Opinion to feel threatened. During 1L orientation, the library tour discouraged me until I realized that it contained a lot of redundant information "official" and "unofficial." Now that law students receive "official" (the SBA newsletter) and "unofficial" (The Opinion) informationabout our student government, To the Editor: Although theauthor ofyourperspective piece "Trampling on the freedom of speech" in September 20'sThe Opinion was undoubtedly sincere, the story contained a number of misstatements and misinterpretations of constitutional history. I felt compelled to write and offer some corrections. Reading theauthor'sstory, one wouldbe moved to believe that the Supreme Court had reached some kind of "high water mark" in its Speech Clause jurisprudence with the cases of Texas v. Johnson and R.A.V. v.St. Paul and has beenviolating theintent of theFramers ever since, especially inMadsenv. Women's Health Center. Inc.. last term's celebrated anti-abortion injunction decision. Nothing could be further from the truth. Theauthor strains tocharacterize the history of the Speech Clause as one in which the "Framers" intended, apparently, to protect speech absolutely. At one point, the author states that" [ w] ithR.A.V.. theCourt seemed to be faithful to theFramers' intent to protect all kinds of speech, even speech that offended others." History belies the contention that the Framers intended to protect all kinds of speech. A mere 7 yearsafter 'hefirst ten amendmentswere adopt- teedbytheßillofRights." Although I wouldarguethat some person subjectedto Colonial trial without jury or a hearing would vigorously disagree with the author's characterization, thefollowing historical misstatement is my subject here. In a parenthetical to the "most important of the rights" language, the author states: "(The fact that it is the first right mentioned in the Bill of Rights is also significant)." This statement would appear to support the contentionthat speech was considered by the "Framers" tobe "the most important" right. Again the authorhas misinformed the reader. Theamendmentthatis now our first was, originally, thethirdarticle of twelve submitted to Congress. Number one (the first proposed amendment) was intended to change the manner in whichnumerical representation was provided in the House; number two would have alteredthe manner in which Congress could approve pay increases. Both of theseproposals failed, thus belying the contention that order has anything to dowith importance ("onecan, ofcourse, argue that thefirst proposal was theleast important because it was rejected). It is, therefore, only by a bit of historical caprice that the amendment we now call the "first" achieved that ranking. In sum, cases like Madsen are very much in line with a historical traditionthat supports a balancing of free speech against the community interest. Just as I find it hard to bel ieve thatany oftheFramers would support the absolute right of someone toyell "Fire!" falsely ma crowded theater, I find it impossible to believe that theFramers as a group wouldsupporta"right" to hurl taunts and harassments at people who are exercising another right, quietly, under thelaw. , Stuart Graham, 3L Ifyou havean opinion onanythingpublishedin our newspaper or on any currentevents topic that concerns the law si Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages di mble-spaced. Perspectives art generally opinion articles c< mcerning topics ofinterest to the law school community and must not belonger than four pages double-spaced All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced.and submitted on paper andonacomputdrdiskOßM-WordPerfects.l format). The Opinion reserves the right to edit any and ail submissions for space as necessary and also forlibelous content; we will not any unsigned: Send your submissions to The Opinion office orplace them either box 1 Oor 280. meo andoM R To the Editor: — Ithinkwewillallbebothcompletely informedand criticall informed. Thomas Byrne, 1L Shame on you! To the Editor: There are two activities I recently attended that had extremely poor showings which I thought was utterly shameful. Thefirst was the"Law School" (HA!) Blood DonorDrive. As your article in the Sept 20thedition noted, only 25 people who donated were Law students; theother 35 werefrom other divisions. The RedCross had stuffed 800 Lawschool mailboxes— and, pathetically enough, out ofSOOonly apaltry 25 were interested insacrificing and doing this good deed? (Well, what do you expect, I guess—you're dealing with lawyers right? Maybe if they had been giving out free beer there wouldhavebeen amuchbetter showing!) Well, I hope that someday when you're in an accident and there's a shortageofbloodyouwill remember how you can't complain since you too were just like everybody else— too damn selfish to give upan hourof your time andapint ofyourblood to save someone's LIFE! (Pathetic!) (Of course, if you are a person who was sick or had some other legitimate reason you are excluded from this diatribe—l am of course only referring to thosewho honestly could havebut who just"couldn't bebothered" (of which there are many!) The second activity was the Candidates Forum/Grill Session(another "HA!"). The candidates running outnumbered thefew students who showed up to listen 3 to 1! I thought this was entirely pathetic. And, as for questions I was the only individual whoasked one—so much for the "grill session"! All I have to say is, I don't thinkthat anyone who didn't show up (again, I am only referring to thosewho didn't have a goodreason) hasany right whatsoever to complain in thefutureabout the inevitable problems our SBA Reps will face. Where were you when it was time to make a legitimate effort to find out who they all really are? (besides the blurb/resume listed in The Opinion'). Don't you agree that you can tell more about a person by looking them in the eye when they speak than by cursorily glancing at their "resume"? Diane Lorenc Mathers, 1L by David S. Leone �October 12, 1994 6 NEWS THE OPINION Clothesline strives to erase domesticviolence Entertainment & sports lawyerreveals tricks ofthe trade byBohMorgan,,Reporter A practicing entertainment and sports lawyer last week told an audience of law students how to get involved in his field. "You need luck to practice sports law," saidKeith Schulefand, a guest lecturer of the Entertainment and Sports Law Society. About 40students turned out Oct. 4 to listen toandask questions of Schulefand, a 19#8UBLaw graduate and solopractitioner Currently specializing in sports, film and musiclaw. Schulefand, who currently represents Buffalo Bill Mark Maddox, spent much of the lecture speaking on the subject of NFL player representation, a held which Schulefandsaidis highly saturated.Healso represents several other entertainers including radio personalities, a movie-star monkey and Tracy Mehm, the Buff-State hooker. Schulefand repeatedly emphasized that 1uck is needed to practice sports law. In addition, he offeredsuggestions for aspiring sports agents, stating that "[a] key to the recruitment ot college players is to earn their parents" trust. Theirfirst time around contract negotiation, athletes don's know who to go with so theirparents' advice can be very important," Healso suggested representing alumni from the various colleges, stating that a gfjduate'srecommendation can carry alot Of weight with college athletes. Schulefand added that the competitiveand crowded nature ofthe sports agent held makes theethical line more gray than black and white in some circumstances. "When competingfor thecollege athletes, agents know t ha t (he at hleie wishes to be entertained. This can cost money,*'he said. "Technically, it is illegal tor an agent togive a studentathlete agiflwithany value at all, but the truth is it's common practice." Consequently, Schulefand said he prefers to putsue representation ofveteran athletesratherthan amateur ones and added that he will not succumb to the common \ practice ofbribing student athletes Schulefand stated that anyone can be an NFLplayer's agent,statrjrig that"[a]nyone can negotiate JimKelly's contract. It *s a Standard form that the NFLprovides. The only difference between any two players' : contracts isthe dollar amount on the blank as well as the incentives for performance. " Society PresidentAndrew Freedman said that everythi tigwentfar better than he could have i magined. "There was a great turnout. Iwasn'tsurewhattaexpect,sothjs waskind ofa testrun. rmvery pleased with the response.*' The audience was generally appreciaand members of the audience asked tive several questions. First-year studentBill McDonald showed bis enthusiasm for entertainmentand sports law whenheasked, u l wonderifhe'l I introduce me to theHaft-. -State ftooker - by Peter Zummo, Managing Editor Activities connected with the monthfocus on domesticviolence began with a long march in Buffalo last Thursday, Oct. 6. Approximately 75 people marcheddown DelawareAvenue to City Hall to call attention to the problem, according to Nancy Grey of Haven House.The march was sponsoredby the Erie County Committee on Rape and Sexual Assualt(COßSA.) Here at UB Law, the Domestic Violence Task Force (DVTF) has announced the creationof theErie County Clothesline Project. The ClotheslineProject began in 1990 in Massachusetts and is now active worldwide. It is a visual display that bears witness to violence against women in all its forms. During the display, which will take place on Oct. 20 from 11 a.m. until 4p.m. on thefirst floorofO'Brian Hall, shirts will be hung over a clothesline. Each shirt is decorated by a survivorto represent her particular experience. In addition, shirts memorializing women killed by domestic violence are accepted for the Project. The purpose oftheClotheslineProject is four-fold: (1)to bearwitness to thesurvivors as well as the victims of domestic violence; (2) tohelp withthe healing process for people who have lost a loved one or have survived this iqm j J.IMU/ TheDomestic Violence Task Force marched to City Halllast weekto increase awareness ofspousal abuse. violence; (3) to educate, document and raise society's awareness ofthe extent ofthe problem ofviolence against women; (4) to provide a nationwide network ofsupport, encouragement and information for other communities starting their own Clothesline Projects. The DVTF invites students to participate in the project. You can write, draw, paste or sew any message thatreflects yourexperience. All shirts are anonymous. Shirts can be made alone or in a group workshop. In order to preserve the display's longevity, DVTF suggests that art materials usedfor this project be of a permanent nature. Materials for making shirts, as well as any additional information that may be required, are available at the DVTF's office in 604 O 'Brian, 645-2782, or from theErieCounty Citizens' Committee on Rape and Sexual Assault at 858-7879. SOLAR protests use ofanimals for experimentation byRosannaßerardi, iReporter showed up," he said."Too many peo Students of Law for Animal pie are satisfiedwiththe status quo anc Rights (SOLAR) continuedits quest spend their lives sitting around doinj to stop animal experimentation at nothing." UBand topreserve wildlifeby sponSpeaker calls recreational hunting aprotest marchand a lecture wrong hich discussed theissueofhunting. On Oct. 5, SOLAR sponsored < "It's time to challenge the an"Hunting Our Nation's Wildtal research industry," said Scan er Harvesting the Truth," whichfeaed Wayne Pacelle from theHumant ay, a SOLAR steering committee memberand oneofthemarch's orgaSociety of the United States. About 2t nizers. "It'stimeforanewethicand people attended the event. more exacting demands onthe accu- An exampleofa vivisection experiment at an unidentified medicalschool. Pacelle focused on thedebate ovet racy of medical research." Vivisection is a medical research technique hunting as a recreational sport, stating thai About 125 people gathered Sept. 21 to where surgical operations or other experiments more than 200 millionanimals were killed b> march against the use of animals in experimenare performed on living animals in order to hunters in 1990. He opposed the commor tation at ÜB's medical and dental schools, study thestructure andfunction of livingorgans justification of hunters the necessity tc according to Day, 3L. The march was held at and also to investigate theeffects of diseases controlanimal population. Pacelle argued that the South Campus and was followed by a and therapy. most species do not need to be controlled anc lecture that featuredBetsy Todd, a member of pointed out that the recent deer over-populaDay admitted that preventing vivisecthe Medical Research Committee, and Bill tions will be a difficult task because of the tionsituation in Amherst is the exception, not amount of money made by the university from the norm. Dollinger fromFriends ofAnimals. Todd presented an overview of animal animal research. Pacelle noted thatall 50 states have some research techniques, while Dollinger argued Comments on theiranimal experimentatype oflaw whichprohibits cruelty to animals that animal experimentation should stop betionwere notavailablefromci ther t hemcdical as well as such events as cock fights. cause results are not relevant to humans due to or dental school. thedifferences in DNA composition and horHe closed with a quote fromauthorMatt Day said he was generally pleased with mones. the turnout, but expressed hisfrustration with Karpville: "If killing animals is wrong as a Day said that SOLAR's primary objecthe apathy of UB students and the Buffalo sport, thenitshouldalsobe wrong for tive is to endall vivisections that occur at ÜB. community. "Given thesizeofÜB, few people ticipatory sport." liring E;ture, — Community Day, Kator continuedfrom page one edby Santora 's Pizzaand Wegmans supermarfor theCity of Buffalo, said second-year stuket. Duringlunch, RonTalboys, thepresident dent Bruce Karpati. ofBuffalo Chapter ofHabitat for Humanity, Alexandra Rivas, another second-year notedthathis organization hasbuilt 25 houses lawstudent, saidshe thinkslaw studentsshould in variouscommunitiesaroundBuffalo since interactwith Buffalocommunities more often. 1985. Heindicated that seven new homes are She would like activities at Community Sercurrently under construction. vice Day to include painting of thehouses. After everyone had eaten, Talboys asSusan Cristo, 3L, said she wished more signed thefinal task ofreseeding the rest of the third-years had volunteered. She attributed yards and thankedUBlaw studentsonbehalfof their absence to job searching and otherprior Habitatfor Humanity. commitments andsuggested that Community Law studentswho participated in ComService Day be scheduledfor mid-September munity Service Day praised Dwyer for his whenMoot Court and other law school activinitiative. They commended him forhis vision ities are not going on. and organization and expressed their intention JasonCarusone,3L, said the Community to volunteer again. Service Day is a great place for lawyers, First-year law students Dave Fitch and professors, and students to interact. Nelson Mar said they thinkit is important for Across the street from where law stulaw students to take some time to help out in dentsworked is a green house in which "Jasthe community. Mar saidhe hopes to become per" lives. He said he has been living in that a social/welfare lawyer. house since 1968. "I have seen Habitat for Humanitybring The law students who participated had that vacant lot (referring to the four houses only good things to say about the Community where law students were working) to three Service Day, although some offered suggeshouses, and I think it is a good idea," he tions on how to improve it. indicated, adding that "whenever someone CommunityService Day presents a good can help low income earners-as thesepeople opportunity for law students to do something are doing, it's always good." "Daryll", who lives in the vicinity of Adams Street, saidminoritiesshould increase theirinvolvement i n Community Service Day with Habitat for Humanity. Everyone in theAdams Street communiwho ty participated in theCommunity Service Day activity said they felt like helping the community because they were helped in the past. According to Bonita Hill (whose house law students worked on), helping othersis like a partnership. Talboys saidhe shares the same feelings with Hill when it comes to helping those in need. He has been the president of Buffalo Chapter of Habitat for Humanity since 1985. He commendedthe law studentsfor donating their timeand effort to helping theless fortunate people of the community. Whenaskedabout what motivates him to help low income earners ownhomes, Talboys said.qu. ing the gospel ofMatthew, "theword of God says that in as much as I help brothers in need, I am helping Him." Dwyer said he wishes to continue this tradition annually and hopes to show the City ofBuffalo thatUl awstudents careabout their community. '''' 'ttCO&tkwkO&BUSi �October 12, 1994 FEATURES the opinion 7. New and Improved A look at UB Law's new Research and Writing program and professors By CynthiaSalmon-Conzola,.Reporter This year the research and writing program marks a clean break from the past. Now theprogram lasts a fullyear, is worth six credit hours, and all the students use a standardized text. Thefive brand new full-time instructors teach nothing but research and writing. ProfessorLucinda Finley, thehead of the program, said thatthe new instructors' top priority will be teaching research and writing classes. She said that thefive instructors are working very hard to make this program work. In years the past, theclass lastedbut a single semester and was worth only threecredits. Because of timeconstraints, students were prevented from writing both a memo and a legal brief. This year's classes will not have to make that choice. "In one semester, eitherresearch or writing getsa short shrift," shesaid.Now there is time to properly address both. Additionally, students are using a common text, making thematerial consistent throughout the program. The whole year has been planned out, the assignments are a systematic progression ofskill development. Finley describedtheinstructors as, "highly qualified, very, very enthusiastic and hard working." "They are sacrificing sleep, family and social life." Finley joked that at some point they will have to sleep and spend some time with theirfamilies. Christine Constantine ChristineConstantine once 3 iun~ high school teacher, graduated from St. Johns College with a Liberal Arts degree. Constantine graduated from ÜBLawinl9B7 and practiced law in "the exciting field of pensions and benefits" with a firm in Rochester for two years. Constantine worked as an Appellate Attorney for the Appellate Court division, Fourth Department for two years. Although she described it as being narder than law school, she said it was Fascinatingwork. When her term Appellate Court expired, she had heard about the job as instructor in the research and writing program here at ÜB. "My true love is writing," she said, "and I really missed Constantine en joys herstudents very much. "They are delightful, interesting people," she said, "They're smart, it's a pleasure." She teachesthem as though they were in a law firm. Constantine has two children and what she described as a full life, but she has littletimefor anything with her new research and writing instructor's posi- Christine Farley This past summer, Christine Farley attended a conference on Research and Writing in Chicago. She described it as very interesting; nevertheless, after coming back, she felt that this new research andwritingprogram at Buffalo was much more comprehensive thansimliarprograms at other schools. Farley has a BA in Art History from SUNY-Binghamton. Aftershecompleted her degree there she worked for two years at SUNY Cobleskill in theStudent Affairs department. She is a 1994grad- lumbia. Herbert said she is very excitedabout being here at Buffalo. She said her students are very bright and they busy and has littletimefor anything outside ofthework she does for her research and writing "They are sacrificing sleep, family and social lifer —Lucinda Finley B FrankRavitch k Ravitch graduated from niversity a year early with a doublemaj or in Anthropology and Communication. Ravitch receivedaJDfrom Dickinson School of Law and a LL.M. Georgetown University Law Farley said that she loves teaching here. "I am very impressed with my worked with a lawfirm in New Jersey for two years. Hehas also worked for Rep- If shehad time, shesaid shewould like to do some consulting work. Sarah Herbert Sarah Herbert comes to us from deep in da hearta' Texas. She double majoredinMath-Science and English at Rice University. She received her JD from Harvard. Herbert practiced law with a firm in Dallas Texas for six years before returning to school and getting a resentative Leslie Byrne (D-VA), U.S. House ofRepresentatives. Ravitch saidheis very excitedabout teaching in the Research and Writing program. He believes that his students will gain valuable and practical legal skills. His sections pretend that they are actual law firms. The students write memos and briefs to him as though they are the firm's associates and he' is their seniorpartner. He wants his students to rediism,necvciiiiiicuuiaiua. iv play clients. His students describe him as being sharp, well prepared for class, and very accessible. Ravitch has published papers in the Cardozo Law Review, and the GeorgetownJournal onFighting Poverty. Although, he says he hasn't much time right now to do much of anything other than prepare for his classes, writing is his hobby. Ravitch also enjoys sking, roller blading, and reading. Oren Zeve OrenZeve is a fun, personable guy who says he enjoys this job. "I get to standup in front of theclass for one hour and 15 minutes four times a week doing schtick," he said. "No two drink minimum." When asked how he got the job, he simply said, "I ap- plied." He's funny, but hehasa serious side Not only is he teaching, but heis also too. working on his Phd. in philosophy. He graduated summa cum laude from UB Law. He recieved a BA in philosophy from Mont Clair State College. Additionally, hehas a BS inBusiness Administration and a minor in Economics. Zeve was also Student Editor at the Baldy Center for Law & Social Policy, Law & Society Review, as well as a research assistant to several of the professors here at UBLaw. Zeve plans to makehisclasses concentrate on research skills integrated with writing. He wants his students to learn to organize their writing. Zeve saidhe currently doesnothing outside of the university. He hopes to have time later in the yearfor something else. When asked if there was anything else to say about him he said, "I like puppies." He added that he doesn't have one, but does have a puppy calendar. AlumniFocus: Kevin M.Dillon Class of 1976 Alumnus explores law from classroom to courtroom FEATURES by JosephBroadbent, NewsEditor In the busy 18years since graduating from ÜBLaw, Kevin Michael Dillon has stood on bothsides of thecourtroom aisleandbefore rows ofUB law students. Dillon, the Erie County District Attorney, has worked inprivateand public practice before settling down in his current jobs. Now in his seventh year as District Attorney, Dillon says thathe still enjoys the jobas much as he did during the first year. But he concedes that a low point of his job is dealing with sloppy reporters. But whenheis not chidingreporters or spending time withhis family, Dillon teaches Criminal Law here at ÜB. Teaching gives him a chance to help aspiring attorneys and give them advise about theirfuture profession. After working for various private firms for more than 10 years, Dillon decided to run for District Attorney. He cited his upbringing in a political family and his personal interest in politics as the chief reasons for making thiscareer move. It was a job he was familiar with. Besides working for a year atthe District Attorney's officeimmediately after graduatingfrom law school, Dillonpracticed criminal defense, while he worked for Kevin Dillon, class of 1976 private firms. Further, heknew that if he didn't try,he would regret passing up the opportunity. Dillon describedthe transitionfrom private practice to serving as District Attorney as an "enlightening experience." For some one used to working in a firm, it was a new experienceto handle 40,000 cases per year, supervise 88 lawyers andbe responsible for a staffof 175. J. But he has felt some bumps along the way. As District Attorney, he has seen thenumber of cases his office handle dramatically increase while thenumber of lawyers has remained constant. This has put more pressure and a larger workload on him andthe attorneys in the office. Sometimes he is forced to keep secrets, which can bevery difficult. While the community reacts to perceptions, much of whichdictatedby the media, he must dealwith realities and facts which aren't widely known. Hefeels that theway that themedia sometimes treats public officeholders has deterred a number of people from seeking public office. He believes that theoverall quality of public officials will suffer over time. One of the reasons the mediaposes such problems is thatit isn't accountable for its actions like public officeholders are. Heespecially dislikes reporters who are so eager to be thefirst to break a story that they don'tbother to check thefacts. Someevenrefuse to admit error when the story ortheal legationsreported are proved wrong.However, he admits that tin.' media has basically treated him fairly. Now thathe's adjusted to the change Dillon explained that his position has given him a "much broader perspective on the community." As a result, he has learned a lot about the people and what goeson in the community, both good and bad. He uses his knowledge and insights for his students' benefit. Dillon currently teaches Criminal Procedure at thelawschool in the Spring. The position which grew out of a dinner with then-Dean David Filvaroff where Dillon said that he wouldlike to teach in the last years of his career. When a teaching vacancy openedup a few months later, he decidedthathe wanted to try it. Teaching at thelawschool hasbeen a fulilling experience for Dillon, who describesit as wonderful in two respects: (1) it giveshim the opportunity to escape the pressures of being District Attorney, both in the classroom and while he is preparing for class; (2) ithas made him a better lawyer thanhe has ever been (it has helped him to compensate for his lack of appellate experience). Dillon described teaching at the law school as being a fulilling experience. He saidit giveshim the opportunity to escape thepressures of being District Attorney, and it has made him a better lawyer. SecDILLON onpaneS ... �THE OPINION 8 The Roaming Photographer FEATURES GroupSpotlight: PhiDelta Phi Legal fraternity under crush to rush eludedfrom jotning during theirfirst semester, they can be initiated as a push to breathe new life into its membetshi proster. by John Gasper, PhotoEditor Second-and third-yearlaw students who want to rush the sell- .. described nation's oldest professional fraternity must be wt 1ling to take an activerole In rebuiIdi ng the UB Law chapter. Phi Delta Phi's local chapter, known as an "Inn," only has eleven members. Fraternity Vice-President Jay Kalasnik envisions thisyearbull ding astrong foundation.for the t raternity. The UB Inn was incorporated 100 years ago. Kalasnik said the group puts onsocialactivities and serves the com munity and school. Among other things, the group is assembling a panel of fraternity alumni lawyers jndjudges to speak This week 's question is. What do you think ofthe basement's condition? DavidFallace,lL "/ have been asked a couple of times to walk down with them [women]; it's a shame they cannotfeel safe." October 12, 1994 commi ttedstadents," Kalasnlksaid. Buffalo City Court courtroom. Kalasnik described it as "a formal ceremony.":Alum ni who are on the benchask you to n iake commitmems "lam currently working with the SBA to improve theconditions downstairs. I never leave someone in the basement alone." group just [your credithours as] H % you 'reprobably in the running." J ■>« Carl Rohlini theacadcrn-, j i,,;;v;mmmmYftmffl-i-;raia3i : .;.: ,.;:■:■:-: ■:■: -:■;-:,-,: ,:-:■:■: -:. ,:■:,:■:■:M According to Inn President Carl Rohling,"i.f you haveaquarter of (your credithours as] H"s, you're probably in the running." Besides PrueFung, 1L "I feel the basement is very unsafe atpresent. I did not get a locker for thatreason. There should be some improvements made." the academic requirement, the groupconstders workandother ac- naie people or prevent Dillon, JudithFoster, 1L "I think it is very creepy and spooky. I do not feel safe when I am forced to go down there to get my books." Until next time. .- attheUmver- [g Stty^^MlCh- Law lgan School "to promote a higher standardof professional ethics and culture." The list of ahiinnt includes names like Cardozo, Prosser, and Roosevelt (both Theodore and FrankUn). Five of the nine US. Su- people from joining,"Kalasnik said, "but wedo want people to take the fraternity seriously " Although IL's are ex- •. ;,'. JeanBrennerof Phi Delta Phi tabling Wednesday. Membership in Phi Delta Ph yields such perks as stu&nt loans scholarship awards, undafraternity creditcard. Otherprivileges include an i nternat tonal exchange program asststancein jobplacement, andba review discounts. The real benefit members claim, comes from shown your resume ing mem. "Inere are a lot of Phi Delta Ph members out there," according t< KaJasnick "Ifyou have a quarter of ment. f>\<Join - The grouprequi res a $60 initi jtion fee. The entire fee is paid directly to the uaiional fraternity The UB Inn's activities are supportedby fundraisingandSßAmoney. Fraternity members also hob nob with members from other law schools. RohiingandKalasnikwent to Toronto on Sept. 10 to represent and three Canadian schools. plan to return to Toronto on Nov. 4 for the next one. "It'sagreat George J. Hamboussi, 1L ■Phot excellence in the profession. largest law fraterruty- The academic honor of beinj inducted coupled with the commit ment each member pledges to up holding legal professional traditioi makes the connection potentially profitable. "In the long run,' Kalasniksaid, "there will always tx a segment of the profession wh< would prefer the more traditiona reputation." Roh'iotj ;:rgt t ti rested stu dents tostop by Phi Delta Phi and asl current members why they joined The grouphas an of ftcc m Room 9 ;indRohling' s box is #507. "Besides it's just a connection to have whet vnu'tcout there,"Kaiasniksatd"Jr kind of like running into sorhebod; who grew up in the same hometowi as you " .ll;?:™IIllllll:i : continued frompage seven He also described it as challenging. "It's not easy to teach in front of a large class," he said. He said that his students are very bright, forcing him to prepare better for classes. All in all, he enjoys teaching and is glad that he decided to take the opportunity. Dillon commented that it is sometimesdifficult for law students jobs in theBuffalo area, because the general population in the area has levelledoff whilethe number of attorneys has increased. The legal community has become economically depressed and it is no longerthe case that everyone can get some kind oflegal job in the area after graduation. Dillon stated that the legal profession is no longer a "pick and choose industry" and that students have to be "realistic and open-minded." "Ifyou can get ajobopportunity, take it," said Dillon, adding that it is easier to get another job if you already have one. He expressed his opinion that UB Law does an outstanding job teaching students to think logically and objectively "the way good lawyers should." "The best lawyers are those that can pick up a file and go to either sideof thecourtroom," Dillon said. While law schools cannot teach students everything about being a lawyer, UBLaw does a goodjob. Our trialbaris consideredby many as the best in the state. Dillon expressed distress over the way he sees attorneys making enemiesofotherattorneys as a result ofa case. He sees taking representation and litigation personally as bad and unnecessary. Dillon joked that he has made more enemies as a result ofhis inability to hire people than from the 40,000 caseshisofficehandlesevery — year. Whilehe wouldlike to hire as many promising attorneys as possible, he has to make difficult hiring decisions. In general, helooks for loyalty, a good work ethic, and a good academic background. The attorney has to be a team player and be willing to abide by decisions made at the top. Common sense and a sense ofhumor are also requisites. Dillon said that too many attorneys take themselves too seriously. Finally, applicants must be able to handle pressure and a large work load. Dillon says that he isn't sure what he'sgoingtodointhe future. He might continue to serve as District Attorney, but he also leaves open the possibility ofpursuing other opportunities, such as serving as a judge. But, hesaid, his only concrete, future plan is to spend time with his wife and his three daughters. It's not too late to join The Opinion! Editors, reporters, photographers, graphic artists, advertising reps and production assistants are always needed. Call 645-2147 for more information. �October 12, 1994 FEATURES THE OPINION 9 Review: McLaughlin group predicts football wins, Cuomo loss McLaughlinended thediscussionby askby Leslie P. Machado, columnist two Approximately 1,700fans of thenationing questions: whetherAristide's lifecould talk show "The be ally-syndicated protected upon his return and whether he McLaughlin could restrain his supporters from exacting Group" flocked to AlumniArenalastWednesrevenge. He added, in response to Clift's day night for a chance to view a live performance ofthe popular show. They did not come remark that Aristide has said he will not remain leader past the next election, "dream away disappointed. During the lively 90-minute debate, thepanelists traded jokes,barbs, on!" quips and theirviews on topics from theU.S. Turning to the racesinCongr ess, Fineman involvement in Haiti to Bill Clinton's sagging said that the Democrats were in a state of popularity to variouselectoral races throughpanic, likening it to "a bunch ofmice scurrying out the county. for the corner." Clift said there was a general Leading the discussion was host John anti-Washington moodpervasive in thecounMcLaughlin, former Washington editor and try and that it was not solely directed towards an assessment that the other columnist for 77ie National Review. Joining Democrats him were regular panelists Eleanor Clift, a panelists vociferously disagreed with. Barnes contributing editor for Newsweek and Fred said the anger was solely directed at DemoBarnes, senior editor of The New Republic. crats and Liberals with McLaughlin citing Si tting in for the evening were Josette Shiner, nine key Republican victories since Clinton managing editorof TheWashingtonTimes, and took office, including mayoral victories in Howard Fineman, Newsweek's deputy bureau New York City and Los Angeles. chief.Atall times, however, itwas McLaughlin With respect to specific races, three of whohad the spotlight and the audience's attenthefive panelists felt incumbentTed Kennedy tion. would retain his seat although McLaughlin During the course ofthe evening, he took predicted challenger Mitt Romney would win playful jabs at absent panelist Jack Germond "in a big upset, in a race we'll be talkingabout as well as Marion Barry, Hillary Clinton, the for some time." McLaughlin predicted winners in several other races including Frank present panelists, lawyers, and used-car salesmen. He also predicted that the Bills would Lautenbergi nNew Jerseyand Oliver North in beatthe Dolphins and that theU.B. Bulls would Virginia. defeat Colgate, all while finding time to lead Shriver added thatTom Foley couldbe in a lively discussion. troubleandnoted thatRoss Perot had urged his The panelists' views on the numerous followers to vote Republican. Clift predicted topics were widely variedand they did not shy thatthe Christian Right wouldhave an impact away from making bold predictions. On the on several races. Four of the five predicted the Republitopic of the United States in Haiti, Fineman said"at best, it's a no-winsituationfor Clinton" cans wouldwin seven seats and gain controlof whileShiner said thatthe UnitedStates could the Senate (with Clift the lone dissenter); not solve the present problems; only theHaipredictions as to whether the Republicans tian people could. She added that Aristide's could gain control of theHouse ranged from record as a democrat was dubious at best. Clift zero (Fineman) to 50-50 (McLaughlin). said that theU.S. should support Aristide beFineman added that "the simple fact is they cause he was the elected leader. (the Democrats) are going to get clobbered." — , The nationally-syndicatedtalk show "The McLaughlin Group," entertainedUB studentslast Wednesday atA lumniArena. The highlight ofthe evening came when second-year law student Paul Antonowicz asked the panel,"in theNew York Governor's race, ona scalefrom zero to ten, with zero being none and 10 being metaphysical certainty, whatis the probability ofMario Cuomo being defeated?" The question was similar to those that McLaughlin asks on his show and prompted him to tellAntonowicz that hewas destinedfor greatness. After the program,Antonowicz said thathehas been aregular viewerofthe program for eight or nine years, mainly "because John is hysterical." He said that while he was interestedintheNewYork gubernatorial race, "the question was a vehicle to use the 0 to 10 scale." McLaughlin also invitedAntonowicz to a live taping ofthe show in Washington. In response to thequestion, McLaughlin said it was "Apocalypse Now" for Mario and predicted challenger GeorgePataki would win barring a miracle. Clift put the number at six, Fineman 6.25, Shiner 6.26 and Barnes eight, saying "no single state in this country is willing to endure more than 12 years ofCuomo." Asa closing question, McLaughlin asked the panel if Clinton would face a primary challenge in 1996and if he would step aside at thebehest of theparty leaders. Barnes saidthe challenge would come from the left, tabbing Jesse Jackson as a likely candidate. Cliftsaid Bob Kerry wouldrun against Clinton, a choice that Fineman agreed with. Shiner said Cli nton might step aside if he felt he was vulnerable. As always, McLaughlin had thelast word. He predicted challenges would come from George Mitchell and Jesse Jackson and said that Clinton wouldstep aside, leaving Al Gore to lead the ticket. MPRE LECTURE Presented by STANLEY D. CHESS wmtmmmu^^B^a^t^ Date: • lf\|• President, BAR/BRI Bar Review More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). %* ™ BAR REVIEW Wm m \ # I 1 m\fm 1 fll^l m*kf\ "jl I Jm m m Place* x\i.ci.ye« room3o& ' '"' The Nation's Largest and Most Successful Bar Review 1500Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 _ TIHIG2 For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mm±m «. "'■ ■■■■■■■■■■■■■■■■■HIHI �October 12, 1994 10 NEWS THE OPINION CDO heat: BRIEFS public and private settings Students learnabout , byDanielaAlmeida-Quigg,.Reporter Transcripts available fora feeat Capen Unofficial transcripts are once again available at Capen Hall. In a reversal of policy, UB Law students can once again avail themselves oftheconvenienceof getting a transcript on demand; however, a fee of $2.50 will now be imposed on each request. Due to a change in university computer programs, a newpolicy had required law students to request transcriptsonly from A&R. Law students may still receive up to six free unofficial transcripts from A&R. These transcripts must be requested on Mondays for pickuplater in theweek. New SUNY chancellor appointed TheBoard ofTrustees of theState University of New York have appointed Thomas A. Bartlett as new chiefexecutiveofthe 64-campus SUNY system. Bartlett comes to the SUNY system after a distinguished career withinNew York, Washington, D.C and overseas. He recently retired as chancellorof the Oregon State System of Higher Education. "This is a superb appointment for the State University of New York," said UB President William R. Greiner. "Dr. Bartlett is an extraordinarily skilled, experienced administrativeofficer with background at a range of universities and a national and international reputation." Bartlett's selection came after a nationwide search that considered more than 150 candidates. The process began last March after Chancellor D. Bruce Johnstoneannounced hewas retiring due to health reasons. The SUNY system has had 11 chancellors or presidents in its 64 years. SUNY educates400,000 students on 64 campuseseachyearand is one of the largestpublic university systems in the country. Public interestlaw teleconference held "Law Students need to pay more attention to the real world; read the paper." That's what one panelist recommended to law studentsall overthe country during a nationally-televised panel about public interest law held at UB last week. Only a handfulof studentsattended the teleconference, which was designed to show studentshow to find out what opportunities existed in public interest law. The event, which was held from noon to 2 p.m. on Oct. 3 in Spaulding Quad, was sponsoredby theAlliance for Justice. The intentionofthe Alliancefor Justice was to form a nationwide gathering ofschoolsand professors. More than 100 schools were tuned in to the event. Panelists included lawyers practicing in human rights, environmental law, and gay and lesbianrights. The speakers discussed such topics as therealities of jobhunting, how to get the most out of your law school, how to get your school to provide more for you in your areas of interest, andhow to findyour niche in law. Audrey Koscielniak, director of the CDO, attributed the low turnout to thepoor timing and locationof the event. It was a "busyclass day," she said. She explained thatshe had no control over thetimebecause it was a nationally televised show put on by the Alliance for Justice. She explained that the event was scheduledto coincide withthe beginning of the U.S. Supreme Court's new term. She added that, inAugust, she was forced to move the event to 252 Spaulding, "which is at theother end of theworld for law students." However, Koscielniak said that students who were unable to attendthefirst showing will haveanother opportunity to watchtheshow. She said theshow was recorded and will beavailable to interested students atsome future date, tentatively set for 3:30p.m.Thursday, Nov. 3. She added thatwhentheshow is replayed, the CDO will try to bring in some local lawyers to answer specific questions for UB students. by DanielaAlmeida-Quigg, Reporter — ! Point ofInformation \ Q: What is thepurpose of thiscolumn ? A: The purpose of thiscolumnis to answer all those questions that law students have about life at UB Law but were afraid to ask. Like, who'sthat weirdguy that hangs around in thebasement or whatthehell are those greek columns doing at Baird Point? You get the idea. Place your questions in box #280 do Peter Zummo, Managing Editor. Write us because inquiring law students want to know! The Career Development Office kicked offits season with a twoday seminar on law practice settings sponsored by the Graduates of the Last Decade(GOLD) group, Wednesday andThursday, Sept. 21 and 22. About 70students, mostly firstyears, attended. Some issues discussed included: hiringpractices, types of clients, the typical working day, litigation versus counseling, and the all-important starting salary. Private Practice Edward Jozwiak,a graduate of the class of 1988, talked about his experience at an in-house practice specializing in land development. In-house, heexplained, providedhim with the opportunity to be a major part of a case from the planning stages ofthedeal through itsfruition. He appreciated the steady paychecks and benefits, flexible hours and not having torun after clientsfor business.Theabudanceofclient was the only downside. Class of 1993 graduate Natalie Lesh is at a small firm where she began working as a clerk. She said — SBA Meeting, she prefers the greater court time and responsibility thatshe says she never could have gotten at a big firm. The downside to her job, however, is that nagging paycheck issue and the need to hustle to bring in clients, she said. Judy Shanley, a class of 1992 graduate, defendedherchoice to work in a large firm. She admitted that everything the first two panelists had alleged about the "big firm attitude" was true. She saidthatshe did have to hi 11 thousandsof hoursand didn'tsee any court time. The excitement of having interesting clients, and learning from the experts she works with makes it worth it though, she said. Studentsattending saidthepanel provided useful information. "I felt that this panel was helpful in thefact that they really put thefirst year inperspective for me," said Linda Harradine, a first-year law student. "By explaining the classes they took and what we need to get out of them, they have taken a lot of stress out of the first year for me." conlinued from page three sentation outlineda proposal which mitting a letter to the SBA, emphawould permit The Opinion to retain sizing the organization's achievements and goals and to give greater all or a portion of thead revenues it detail as toits membership and their generates and budget an annual subsidy for start up costs. plans for the school year. Beadle said that the proposal The Opinion has obtained acopy oftheletter. Itasks the SBA fund the wouldincrease the independence of society at a level consistent with its the paper, preserve the freedom of thepress and give it an incentive to membership. generate revenue. Dwyer said that he would conJewett and the class directors tinue to assist the society in its efforts for funding. The issue of the expressed skepticism as to whether Society's budget was scheduled to Sub Board, theSßAConstitutionand be addressed at yesterday's SBA theSBA's by laws wouldpermit that sort ofarrangement. Objections were meeting. also made that the proposal seemed Inother business, theSßAßoard to The Opinion something for Directors give of voted 17-0-1 tooffer the nothing. Dwyer suggested that a RecreationalandIntramural Servicmore detailed proposal be worked es Board a three-year contract inout for a later meeting. SBA creasing thefee the pays for law At an informal session on Oct. students to have access to Alumni 4, Beadleand Editor-in-Chief Evan Arena to $12,000 for the first year, Baranoff a revised propospresented with three percent increases for the al that involved two separate motwo remaining years. [See story on tions. The first was for a Constitupage one] The SBA also approved the tional Amendment to prevent the appointments of Jeff Weiss and Jen SBA from cutting off funding in reTeneburso as social chairs 19-0. taliation for criticism of the SBA. Weiss andTeneburso are volunteers The second was a revised proposal to permit The Opinion to retain or roll whoassist theSBA in planning, setover any ad revenue over and above ting up and publicizing SBA funcwhatis neededto reimburse theSBA. tions. Dwyer pointed out that this At theendofthe Sept. 27 meetwould not solve all the problems of ing, the SBA listened to apresentation from Peter Beadle, production SBA control, since four officers would still have to sign off on each managerofThe Opinion. The pre - Thankyou! "Quote" of the Week "Maybewith stronger student input, we can do something. " — Marie McCleod on thepossibility of improving safety in thebasement. See story on page three. Public Practice William Jemmott, class of 1990, spoke about the Legal Aid Society, an organization which offers representation and legal advice to clients who normally would not have the money to hire private counsel. The other panelist, class of 1987 graduateBrian Mahoney, talked abouthis experience at the ErieCounty District Attorney's office. Both panelists statedthat their most helpful classes in law school for this area of work were evidence and trial technique. Students said the public practice panel was informative, although they didhave some complaints. "I suppose it was helpful in the sense thatyou got a better picture of what the different agencies are responsible for," saidLen Opanashuk, IL, "except that the setting could have been a little more informal since we were such a small group. Audrey Koscielniak, director ofthe CDO,saidshewas very pleased withboth the speakers and the turnout. "I am so glad to see that the lLs still have enthusiasm," she said Dean Tom Headrick (seen above, L) presented Camille Catalano, Joyce Farrell, Sue Martin(seen above, R),and Marie McLeod with 20-yearpins andAnne Gaulin, Sharon Hassett, Linda Kelly and Barh Premielewski with 10-year service pins at a luncheon on Sept. 28 to honorthelaw school support staff. expenditure. The SBA was to consider theseproposals at yesterday's SBAmeeting. On Oct. 4, theSBA also heard proposals from 1LDirector George Hambousssi to increase security in the basement of O'Brian Hall. Among theideas he expressed were installing a phone with a direct link to public safety, security cameras, andposting signs warningpeople not to go into the basement alone. A petition campaign for improved security measures was also discussed. The proposals were to be addressed at yesterday's meeting. [See related story page three] Also on Oct. 4, Erik Larson of the Christian Legal Society spoke with the S.B.A. regarding recognition. The Society had asked to be recognized last year, but effortsfoundered upon a dispute over therequirement thatall voting members of the Society sign a statement of faith. The S.B.A. felt that this violatedthe S.B.A. Constitution while the Society felt it was essential for the integrity of the Society. Recognition will also be discussedat today'smeeting. Userfee, continuedfrom page 1 Vice-Presidentof Student Affairs Robert Palmer repeatedly refused to return calls to this reporter and failed to issue any comment regarding the agreement or thisarticle. SBA President Ben Dwyer is satisfied with the compromise that resulted from the "long, arduous negotiating process" and feels that, overall, law students got what they wanted. He saidthat the user fee plan was abandonedoncetheadministration realized that increased contributions from student groups were "the best it would get." He added that it "is a good deal and law students should take advantage of the services" they are paying for through theSBA. All parties agree that when the three-year agreement expires, an effort to renew it will be maderather than reviving the user fee proposal andtheaccompaiiyingcontroversv. �October 12,1994 THEOPINION 1 - FRIDAY. OCTOBER2I SUNDAY. OCTOBER 23 for first-years. Room 106. THURSDAY. OCTOBER 13 THURSDAY. OCTOBER2O 4:00 p.m. NAPIL Public Interest Law Career Fair: GOLD Group lecture: Getting Your Foot in The Fair will be held at American University in theDoor-Apresentationprovidingjobsearching 5:30p.m. SUNY-Binghamton Washington,D.C. be Biehler Alumni Reunion: information. Speakers will Michael (Tops Markets) and William Altreuter (Altreuter & SUNY-Binghamton Alumniare invited to attend a Habermehl). Room 109. Sponsored by the GOLD gathering at the Buffalo Brew Pub, located at the corner of Main and Transit. TUESDAY. OCTOBER 25 group. THURSDAY. OCTOBER27 OCTOBER FRIDAY. 21 OCTOBER FRIDAY. 14 6:00 p.m. & 8:00 p.m. p.m. 4:30 Desmond: Preliminary rounds for Desmond 5:00 p.m. Happy Hour at The Marriott: Food, drink Moot Court Competition. Desmond Briefs Due: Final Desmond Moot and merriment. Sponsoredby TheFederalist SociCourtbriefs due. UPCOMINGEVENTS: ety. MONDAY. OCTOBER 17 SATURDAY. OCTOBER22 OCT. 27: Happy Hour for Desmond participants. 2:00 p.m. 8:30 a.m. 2:30 p.m. CDO: Mandatory CDO Orientation meeting 1994JaeckleAwardLuncheon and Alumni for first-years. First-years must attend one manda- Election candidates forum and reception. on New Tory meeting (either today's or Wednesday's). Convocation: Panel speakers will focus York's new Family Protection and Domestic VioRoom 106. NOV. 3: lence Intervention Act of 1994. Speakers include - Alumni Student Happy Hour Mixer. andmejudicial OCTOBER 19 from representatives prosecution, WEDNESDAY. dia viewpoints. UB Center for The Arts. SponNOV. 2-6: Law Alumni Associsored by UB and the UB Law - International Law Student Association 3:30 p.m. national meeting. CDO: Mandatory CDO Orientation meeting ation. ■ - - ATTENTION: ALL LAW GROUPS!!! Save your chalk. Advertise your meetings and events on The Opinion's "Docket" page! The Student Bar Association Wishes to Thank the Following Community Service Day Volunteers for Coming Out to Help Habitat for Humanity Last Saturday: , Thomas Byrne Jason Caruson Jonathan Chui Suzanne Cristo Steven Dietz ~ Ben Dwyer Ed Elder David Fitch Andrew Freedman JimGerlach Seth Hibbert Joanne Howlett Martini Iwala Bruce Karpati Events between Oct. 25 and Nov. 8 will be published in our Oct. 25 issue. Submissions are due Oct. 21. Events between Nov. 8 and Nov. 21 will be published in our Nov. 8 issue. Submissions are due Nov. 4. Events between Nov. 21 and Dec. 6 will be published ih our pre-Thanksgiving issue. Submissions are dueNov. 18. Events that will take place after Dec 6 (including final week) and events that will take place early next semester will be published in our final issue: Dec. 6. Submissions are dueDec. 2. Place all submissions in box 10. Please include with your submissions the name ofa contact person and their box number and phone number. We look forward to hearing about your - More SBA Party Photos! ... Molly Kocialski Bari Levant Shawn Luther Les Machado Nelson Mar Tom Mercure Catherine Nugent Carolyn Pratt - Helen Pundurs Karen Richardson Alexandra Rivas JillTuholski Susan Van Gelder David Wright Special Thanks Also to Santoras and Wegmans for their Generous Donations of Pizza and Soda Pop for the Community Service Day Volunteers' Lunch events! The Opinion Mandatory Editorial Board meeting Thursday at 3:30 p.m. in the office, room 724. ' Reporters\Photographers meeting Thursday at 4:30 p.m. in the office, room 724. . .... • , , , , , , „ ~ ~ , ~, v trim itbecause itwas toolonganaunsigned Personal-! shouldbe one-linersand iJearX, wedtdn even though we It run them withouta name, we need to know that it sheurtea.e in again! *, j. ThanksJohnandLesa! M ( on « i«™. g-ratiilatuinsSue andPeter! No, ■■ CO. ll\ou-re readme ,Ins. thankyO,I. -Iheanti-establishment ¥vH wye you. -F yournttp. >ennu. Jennie Itnanns hantes jar farvnur hrfn ttlavevaul r. A.Y.G., PatrickHenrynw.itbe turningaverin his gravel-persistent „ HevFrenchv. whatever yon said, thank. r; fc Mheuom: w co„idhr hm „„ t„ Bumhi, wan h »here you re „ „„„, vo,nenext time!.'! Stewn,Daniela, Shelley, Mike, Rasanna. Michael, Martini, I es, Hoh.lessua, ToFTenchyandThehig'O*. what dayis h ' leu. Great job.'Thanks. You know who volt are: Andtfvou do. yon reparanoid: personalsare FREEH! Place yourpersonals in box It "* mightprintit. ' -■ Thank.''' 10and we �October 12,1994 THEOPINION 12 (hfflibri BAR REVIEW m 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-0899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Recognizing the financial hardships that graduating law students face, BAR/BRI Bar Review is offering need-based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. Your letter should be no more than one singlespaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by October 31, 1994. Students will be notified of their scholarship award by the end of November. - These scholarships are not assignable and will only be honored for the bar review course in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4c8a91c95bb7644c51c55721459c7cc6.pdf 441834c74ff9b1859d7a89e04ce39bea PDF Text Text I I Brief survey ofthe Nov. 8 I election. See story on page 6. J FEATURES Crime andEvUin America. Seepages. I I . SeeWho'sWhoArnongAmerican jLoh'Students Story <?n /*«££ 7. Bringing theissues to thestudentssince 1949 THE OPINION Volume 35, No. 5 Economics STATE UNIVERSITY OF NEW YORKATBUFFALO SCHOOLOFLAW October 26,1994 Movin' Out department heads to Fronczak after two decades in O 'Brian by PeterZummo, Managing Editor TheEconomics Department is moving to Fronczak Hall, freeing up much needed space inO'BrianHall not only for classroom instruction but also for office space for professors, support staff and student organizations, according to a law school dean. Acting Dean Tom Headrick confirmed the move of Economics last week to The Onjnjon, saying "they are moving, but wedon't know when." Headrick statedthathe hadbeen "working on gettingmore spacefor thelaw schoolfor 10 years. I'm pleased it finally happened." Headrick, as chairofthe Planning Committee, has been working on the new curriculum project for several years. It was the approval of the New Curriculum that finally convinced the university administration that the law school needed the space in O'Brian currently used by Economics. "We really need it in order to function effectively," Headrick said. "With thedevelopment ofthe new clinical programs, additional space becameimperative. The [university] administrationrecognized theneedandworked hard to find a way to accommodate us." A memorandumobtained by TheOpinion outlinesthedetails ofthe move and use ofthe space. The memo is only a preliminary plan, and is subject to change. Preparation of the final plans can begin since the move of the Economics department is now definite. press passes SBA free graphic by Lett Opanshuk Briefly, the memo calls for theimmediate return of control of the MootCourt room (104) to the law school, with rooms 107,209, 214 and 213 being returned to UB Lawcontrol hopefully by the fall of 1994. In addition, all of theofficespacecurrent- coanstiual mendment inmodfeform SBA administrations t« sanction by Steven Diaz, Reporter The Student Bar Association The Opinion lor its editorial content and condemning such actions passeda resolution Oct. 11 proposing that the SBA Constitution be as a violation of the paper's First amended to prohibit the associa- Amendmentrights. tionfrom abridging thefreedomof Theresolution thenproposed the pressand from saw:turningTV that the following amendment to f~>rwnirm ff\r ■ the SBA Constitution "You can't simultaneously bepresented attemptto guaranteefree to the students: that speech while at the same a the :' S BA defeated resolution shall "pass no resolution over that speech." "Peterßeadle abrigmg the freedom of ion greater the press or financial autonomy. the press in anyway sanctioning Passageof theresolution was (sic) for the exercise of that freewithout controversy. Theclass iCtors made several changes m PeterBeadle, piodut(ion manthe language of the amendment ager of ThejJi2inKjri. andauthorof before f i nal passage. theamendment, saidaftertbemeetloitsoriginal form,theamending that the originalresolution was merit contained three clauses dewritten to mirrorthewordixigoi the claring theimportance of a freeand First Amendment to the United || :: t unfettered press, stating that there were documented attemptsby past States Constitution. SeeAMENDMENT<»tpage3\ ly being occupiedby the Economics Department on thesixthand seventhfloors of O'Brian will be transferred to thecontrolof to UBLaw. Tentative plans call for room six in the basement to become a Student Activities Center, while thestudent lounge on the first floor will become a new 25 seat classroom. Room 109 will be transformed into a "computer classroom" and a new student lounge will created out of room 207. Additional plans call for CDO to move into new space on the upper floors of O'Brian, and offices for newly appointed professors critical to the success ofthe New Curriculum will beaccommodated in theoffices now being used by the Economics department. Professor William H. Baumer, acting chair of the Economics Department said that "we have been told that we have been relocated...we are still discussing the details of space assignments... with officers of the university administration. Fronczak is the destination we have discussed." Asked when Economics will be ready to move, Baumer said "we do not have a date at which that will take place." Professor Richard Barnett of the Economics department stated that he"would like to stay in O'Brian. It is a nice building and convenient to therest ofthe campus, but you go where you have to go." Barnett expressed his disappointment over theloss ofthe i nteractionwith some ofhis colleagues at thelaw school. "I met a few law professors which Iwouldn'thaveif wewere not located in this building. Thisis a positive to our current location." Moreofficespace for studentgroups will SeeECONOMICSonpage 10 Clothesline commemorates victims ofdomestic violence da sponsors the project, which is 20 shirts,three-quarters ofwhich were by JosephBroadbent, iNews Editor Ifyou walkedpast thefirst floor carried on nationally in over 125 made by law students in a recent Tlobby ofO'BrianHalllast Thursday, communities as well as internation- shirt-makingworkshop. Pratt stated you may have noticed a number of ally in countries such as Zimbabwe. thatlast Thursday's display wasonly thefirst such display in the area; the shirts hanging over a clothesline wi th The project is designed to demonstrate the way domestic violence project is ongoing and the Task Force writing on them. affects The display was part of The its victims. Carolyn Pratt, a hopes to conduct another display Clothesl ine Project, sponsoredby the memberoftheTaskForce's Steering during TakeBack the Night, as well Domestic ViolenceTask Force and Committee, statedthat "people don't as another display at a location to be a variety of community groups as understand thewideeffects domesdetermined. Month, ofDomestic Violence to tic violence has on women and the part Students described the display as "sobering" and as really bringing remember the victims of domestic community." The UB display featuredabout violence. SeeCLOTHESLINEonpageIO The Project, which was begun in Hyannis, Massachusetts in 1990 by the Cape Cod Women's Agenda, was inspired by one woman's trip to Washington, D.C. and theVietnam Memorial. Upon seeing the memorial, she was inspired to create a memorial that wouldremember the victims of domestic violence. The idea of a clothesline was used because it represents the stereotype of women washing and hanging laundry; using the stereotype in a revolutionary way was a message that women should no longer remain si- by lent about their abuse. The CapeCodWomen'sAgenThe Clothesline servesas a memorialto thevictims ofdomestic violence. KociMolasl ly Phot �O THE PINION 2 r October 26,1994 X r, r MPRE REVIEW OUR LOCATIONS FOR NOVEMBER 18TH MPRE EXAM ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. Sunday, October 16, 1994: LIVE Lecture Amphitheater, Main Floor Fashion Institute of Technology *Enter at 27th St. and 7th Aye. entrance Saturday, October 29, 1994: aaaaaaaaaaaaaaaaaaaaaaatmaaaaaaaaaaaaaaaaaaaaaaaawaW VIDEO-TAPE Lectures Boston Univ. Law School Georgetown Law School Hofstra Law School Syracuse Law School Pace Law School Room 1434 ROOM 109 ROOM 238 Melvin Lecture Hall ROOM 405 Sunday, October 30, 1994 VIDEO-TAPE Lectures ROOM E 7/8 ROOM 109, O'Brian Hall ROOM 110 Albany Law School Buffalo Law School NYU Law School lb reserve a seat, CALL 1 -800-635-6569. This course is available to any and all interested students no matter which bar review course he or she is registered for. WALK-INS ARE WELCOME!!!! �NEWS October 26, 1994 by Steven Dietz. iReporter The Student Bar Association voted Oct. 11 to grant the International Law Society enough funding for its initial activities. TheSBAconsideredaproposal to gramme society $850ofatotal budget request of $3,500. Secondyear Class Ditector John Leifert objected that the SBAshould not be considering any action that would affect the budget before the budget figures were available. He moved that considerationbe tabled. The motionpassed 12-1-5. 1 Leifert saidafter the meeting that before financing an organization's activities, it is important to for student organizations funded by thcSBA. Thenewpolicy would bar alt expenditures offood except purchases made forfund-raising events, recruitment meetings (limited to one per semester), receptions held in connection wnh lectures, moot court competitions or similar educational events, or training sessions. The only exception wouldbe a social event to which at least one class year is invited. The motion : " waspassed 1.2-0-3,■■■ ; ■ Recognition ofChristian society delayed The SBA also tabled recognition of theChristian Legal Society. The resolution would have condiobtain information on income, tioned recognition ofthe society on their agreement to allow any stuneeds, casts and detads onexpenditures. H<j said he would base his dent to participate;! n the affairs of budget decisions onhow estab- the local chapter. lished the organization was and At the meeting, the society what type of work it does. Those distributed a lengthy "memoranorganizations most essential tothe dum, oflaw" which detailed me the taw school. such reasons why the society should be as the moot court boards, should recognized unconditionally. Itdehave priority, he saidi|||||||||||| nied thai thereqtiiiemeril that memAfter thevote, it was requestbers sign a statement ofbasic teed that the SBA grant the society a nctsoffaith violatedthe SBA Constaxt-upapptopTi ation so that men> M§ition, ~. bers can attend a national conferit further stated that the SBA ence. A proposal was made to grant Constitution, if it barred recognithe society $250. This proposal was tion and fu ndingaft he soclety, vipassed unaminousi y. with two ab- olated the First Amendment to thelMted: States Consti tuiiort,: inStenUOnS SBA Treasurer Elizabeth cttidi ng such provisions as therights Jewell later said that the society to free speech, assembly, free exerwas not budgeted at the end of last cise of reiigiori and the: establishThe budget figures "are pot A motion to tablerecognition set in stone," she said, and the ntit the class directors had a v society ot any other funded organization could come to the SBA at a chance to read the memorandum future meeting for further funding. passed 10-5-1. Leifert said i hathe would consider further funding; the InternaSBA won't party withBAR\BRJ Society Law F.nterThe SBAalso voted y-5 not to tional and the he taiomentLaw Society once had co-sponsor a Halloween Party with BARJ3RI bar review. Directors a chance to Study the budget. New food policy for groups expressedconcern about appearing to favor one barreview over anothA oess; oiheibusi the SB votIn ed to implement a new food policy er. Amendment, 3 CDO: Job market may be opening up byßosannaßerardi, Reporter Despite the news of a depressed economy andweak jobmarket, nearly 82 percent of the class of 1993are currently employed in law-related jobs. Audrey Koscielniak, director of the Career Development Office, attributes the success to a"bottomedout job market." She states that "from 1989to 1992, themarket continued to shrink and the amount of legal jobs diminished significantly." However, in 1993, the job market appeared to reach a stable point, she said. A CDO employment report shows that 57 percent of theclass of 1993 are employed in the public sector, while 11percent are employed in public interest careers. The averagesal ary for al 1 jobs, including private, business and industry, government, public interest, andjudicial clerkships, was $34,199. Each year, the National Association forLaw Placement (NALP) requires the CDO to prepare an annual statistical report on the employment status of law school graduates. The CDO compiles data through a survey, the alumni directory form, whichis distributedin April or May. The Office also uses phone calls to follow up on graduates who were offered employment after graduation, a The NALP report on employ- s ment for 1993reflects thesame trends s as thedatafrom ÜB. The number of a employed students was virtually * unchanged from that of the prior i. year's class: 83.4 percent of gradu- o ates, compared to 83.5 percent for gression to employers'apprehensi vethe class of 1992. As far as areas of ness to hireunless they are absoluteemployment, thenationalaverage in ly certain they have the resources private practice was 57.1 percent, and work forfuture employees. As far as obtaining legal emwhilethenationalaverage forpublic Koscielniak stated that ployment, was 2.3 interest employment only UB alumni are "vital." Several percent. The 1993calendarofoffers did, alumni act as agents for theCDO by however, moveslowly, asoffers were attempting to persuade theiremploymade graduallythroughout theyear. ers to participate in on-campus reKoscielniak attributes thisslow pro- cruiting or at job fairs. Several stu- - stAar-fugpb unds S B to International Law Society THE OPINION dents have benefited from this by learning about job openings firsthand. Theverdict for theclassof 1994 is not out yet. Statistics are still being complied and shouldbe publishedinMarchof 1995. Koscielniak predicts the data will be similar to that of 1993, as the job market appears to have remained stable. continuedfrompage one With this wording, "we have a tradition of jurisprudence on free speech to fall back on," said secondyear class director JohnLeifert. Second-year Class Director Reda Austin proposed the amendments anda motionwas madeto pass the resolution by acclamation, but discussion was unaminously tabled so that representatives of the Christian Legal Society couldbe heard on a different issue. When discussion resumed, SBA Vice-President Leslie Machado voiced concern about the effects of the resolution. "Any time this body in thefuture decides to roll back The Opinion budget, couldthatbe abriging thefreedom ofthepress? Bypassing the resolution, are we tying our hands?" Machado asked Beadle. In response, Beadle explained that the whole point of the amendment was to tie the SBA's hands. He added that The Opinion's own constitution was in effect a contract with the SBA to act under the principles agreed uponwhen the organization was originally chartered. "A violation of our constitution would allow the SBA to act without triggeringa violationoffree press," he said. First-year Class Director Tom Trbovich objected to the first three clauses. He said that the clauses stated that theSBA had done something wrong without solidevidence that the wrongdoing had actually occurred. Beadle stated that the evidence was documented in the September issue ofTheOpinionand further stated that he had no objection if the directors chose to delete the language. First-year Class Director Gil Michel-Garcia then said that it was oneoftheresponsibilities of theSBA to represent the students if they began voicing dissatisfactionwith the editorial direction of The Opinion. He repeated Machado's concern about tying the SBA's hands. "I wanted to pre-empt The Opinion from being used by any activist group as a means ofpursuing its agenda," Michel-Garcia said after the meeting. "Newspapers should not have an agenda and be governed by aneditorial board that advocates only one side of an issue. That defeats the purpose of journalism." A motion to pass theresolution with the first three clauses stricken failed by a 10-2-6 vote. The SBA Constitutionrequires the approval of two-thirds of the Executive Board before a constitutional amendment can be submittedto the studentbody. The SBA then voted 8-2 to suspend its rules. An amendment to the language of theresolution was thenproposed, which wouldhave changed the resolution to read: "pass no resolution abriging thefreedom of the press to Proposed SBA constitutionalamendment "[The SBA shall] pass no resolution abridging thefreedom ofthepressto reporton the news, including the affairs of thelaw school, orsanctioning thepress in any way (sic) for the exercise ofthatfreedom." report on the news andaffairs ofthe Ed by Austin. After the meeting, Trbovich law school" (emphasis ours). Beadle, whenasked by theSBA said that, while he thought nobody disagreed withtheFirst Amendment, whether the motion shouldbe considered a friendly amendment, said he agreed with the changes to the that themotion shouldbe treated as language of the resolution. a hostile one. Austin then proposed Garcia said that while the lanthat the amended language be guage of the amendment didn'taddress his concerns, the discussion changed to "... on the news, including the affairs of the law school." during the meeting did. This change addressed concerns that First-year class director George the prior language would leave the Hamboussi saidthatwhile hefeltthe SBA free to attempt to censor or language was unneccesary, "it was sanction coverage ofissues outside a better amendment afterward." Leifert said he felt the added of the law school. Beadle said that the revised language did not really clarify the resolution. By adding language that language was unnecessary and assuredtheSBA thatThe Opinion had deviated from the language in the its own constitution thatdefines the First Amendment, uncertainty was mission of the paper. If the editorial also added because there was no board engaged in editorial jurisprudenceto rely on as guidance decisionmaking so extreme that it as to what is permissible, he said. violated its own constitution, the Beadle said that he feared that association could still sanctionThe therevisedwording oftheresolution Opinion, nomatterwhichversionof wouldleaveopenthepossibility that it will be interpreted to permit future the resolution was passed. TheSBA voted unaminously to interferencewitheditorialdecisions. "It shows that some members reinstate Robert's Rules of Order, of theSBA don't get the point of the then voted 14-3-1 to pass theresolution without the first three clauses First Amendment," he said. "You and withthe addedclause as amend- can'tsimultaneously attempt to guar- antee free speech while at the same time tryto maintaincontrol over that speech." According to ArticleVIII of the SBA Constitution, the Amendment must be ratifiedby a majority vote of thestudent body, with a minimum of 20 percent of the students voting. The vote must take place overa twodayperiod. After the first resolution was passed, a secondresoluti on to change thewayTheOpinion is funded, which was writtenby SBA President Dwy er, was considered. The resolution, as drafted, would havemade an annual allocationof 10.5 percent of the total estimated student fees to The Opinion and permitted the paper to roll over any ad revenue generated in excess to that allocation to the next year's budget. Leifert immediately objected that it was improper to consider this resolution withoutfirst considering the annual budget. A motion to vote on theresolution without discussion was passed 12-2-4and theresolution failedby a 4-10-4 vote. Beadle said he was bothered that the motion was defeated without discussion, adding that it deserved fullerconsideration. "To vote on a resolution without any discussion is not a responsible way to legislate," he said. �EDITORIAL THE OPINION 4 I OPINION Volume 35, No. 5 Foundedl949 Evan C. Baranoff Editor-in-Chief October 26, 1994 October 26,1994 Peter G. Zummo Managing Editor EDITORIAL: A step in the right direction The move of the Economics department from O'Brian is welcome news. The space crunch at UB Law is a long standingproblem that was crying out for a solution. In a way, it still is, but more on that later. Withthe implementation oftheNew Curriculum, more professors will be appointed, and additional classrooms will become necessary. The Economics move will temporarily solve these problems. Student organizations, some of which werejammedinto offices with as many as five other groups, will at least be given some modicum ofrelief. Lenby The space which will be allotted to student groups has not yet been ie determined, but the SBA is hopeful that they will be able to come to a Graph reasonable accommodation with the administration. While the Economics departmentmove is good news for UB Law, the bad news is thatwe' re left behind. We may have found a short term solution, By Evan Baranoff Editor-in-Chief but the long term problems with O' Brian remain. The building itselfis in need of major renovation and repairs. Major modifications which should be made to the building, both for the safety and convenience ofthe students, At the last meeting of the Student Bar mission. Our constitution states: cannot be made because ofthe asbestos problem. "In recognition of the need for a fully Association, SBA class directors demonstratWhat ÜBLawreally needs is a new building. This will enabletheschool edprecisely why a SBA constitutionalamendautonomous and independentstudent newspato be designed with the not to faroff future in mind. ment is needed to protect our fundamental right per to report news and other topics ofinteres to a free press. totheState University ofNew York at Buffalo The days ofbooks and note pads are numbered. Soon all research will More withits to control Law School community; promote discussion abihty concerned be done by using either on line services or with CD Roms. Reporters on print thanwith protecting the fundamental right to and comment on issues relevant to that comwill become a mere historical artifact, much like desks with inkwells. a free munity and the legal profession; and serve as press, the SBA amended the constituStudents will soon no longer bring pads and pens to class but will plug in a forum where students, faculty, staff, alumni tionalamendment as proposed by TheOpinion. their notebooks, requiring classroom that are computer ready and netThe Opinion's proposed amendment, and others in the law school community may worked, with access to CD Rom servers and on-line computers. As soon as which wasmodeledafter theFirstAmendment communicateandshareideas with one anoththe price of portable computers dropsto the level of what is affordable by of the U.S. Constitution, readinpart as follows: er; this Constitution is hereby adopted...." Thus, The Opinioncould not — even if it "[The SBA shall] Pass no resolution all (usually $299.99, as experience with VCR's has taught us). wantedto only cover Satanic worship or other abridging thefreedomofthe press, or sanctionAlready in some universities, papers are no longer "handed in" but ing thepress in anyway forthe exercise of that agendas totally unrelatedto the law school, as sent electronically to the professors mailbox. Many law firms today freedom." (See box onpagefivefor complete The truth of the matter is that the only communicate with theirclients exclusively by computer, viaE-mail and fax. text ofourproposed amendment.) But the First activist group" that has Even bills, yes we get paid for this, are sent electronically, with payment which ried to use The Opinion to made directly into thelaw firm's bank account by electronic transfer. The Amendment, TheFirst Amendment, which was good enough for further its agenda is theSBA future is here, and UB Law should recognize it. our Founding Fathers was goodenough for our nd the changes to the UB Law should start planning now for a new building to meet the new and good enough for FoundingFathers and good mendment only help the our nation for 203 enough needs ofthe next century. O'Brian is still a viable building for the immediate our nation for 203 SBA's efforts to keep The for wasapparentyears, short term, but it won't meet the needs ofthe next century. years, was apparently not good Opinion on a short leash not lowever, I supposeit'sbetgood enough As the major public law school New York state, UB law should be ly enough for the SBA. er than nothing. funded to the level it merits. Any thing less is not enough. SBA directors Some students have Yes, the move of Economics is a good beginning, but only that a apparently did not consider freedom of the asked why a constitutional amendment was neededwhen we have the First Amendment press to be "a fundamental aspect to our conbeginning. Let's not allow the future to surprise us one day; the law school of and thus deletedthis The answer is that the SBA currently has no cept liberty" language administration should start planning now. Opanshuk Deliberations SBA was wrong to change amendment — — STAFF Business Manager: Production Manager NewsEditor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak Peter W. Beadle Joseph Broadbent SamChi John W. Gasper LenOpanashuk Assistant editors: News: John Federiceand Lesa Masfonka; Photo: Molly Kocialski; Graphics: David Leone; Business: Jake Santos. Beat reporters: SBA: Steven Dielz; CDO: Daniela Almeida-Quigg; Alumni: Shelley Chao; Downtown:MichaelKuzma. Contributing Staff: Rosanna Berardi, Kelly Byrd, Kristin Jones and Dianna Ramos. Computer consultant: Peter Beadle Stabilizing: Passingthehairwaypc-iol Destabilizing: Pie graphsand thedamn printer TheOpinion isanon-PRifit. independent,student-ownedandrun publication fundedby the SBAfromstudentlaw fees. TheOpinion. SUNYAtBuffalo Amherst Campus,724JohnLotdO'BrianHall,Buffalo, New York 14260 (7161645-2147. TheOpinion is published every twoweeksdurum theFallandSprinpsemesters. It is thestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1994by TjKOjiinion,SBA. Anyreproductionofmalerialsherc inis strictlyprohibited withouttheexpress consentoftheEditors. Submissiondeadlinesforletters to theedilorandPerspectivesare5 p.m. on theFridayprecedingpublication. Advertising deadlines are6 p.m. onthe Fridayprecedingpublication. Submissions may citherhe sentto TheOpinion at theabovenoted address. droppedoffunderTheOpinionoffice door(room 724 O' Brian Hall), orplaced inBox#loor#280on thethird floorof O'Brian Hall. Allcopy mustbe typed,doubled-spaced,and submitted on paper andon acornputerdisk(IBM- WordPerfect). Letters arebest when written asa partofa dialogueand must beno more than twopages double-spaced.Perspectives are generallyopinion articlesconcerningtopics ofinteresttothelawschoolcommunityand mustbenomore thanfourpagesdouble-spaced The Opinion readsandappreciates every letterand Perspective wereceive: wereserve theright loeditany andall submissions forspace asneccssaryandalso forlibelouscontent. The Opinionwill notpublish uasitmedsubmissions. Wewill return your disks to yourcampus mailboxortoaprivate mailbox if aself-addressed stampedenvelope is provided. The Opinion is dedicated to providea forumlorthe freeexchangeofideas Asaresult, theviewsexpressed in thisnewspaperare not necessarily thoseoftheEditorsor Staffof The Opinion. "Congressshallmake no law ....abridging thefreedom ofspeech, or ofthc press;..." — The First Amendment from our amendment. SBA directorsalso refused to recognize the documented attempts by the SBA during past administrations to sanction The Opinion because of its editorial content. Instead, theSBAdirectorschose to change the wording ofthe amendment in an effort to limit the amendment's scope and maintain control. Thepurposeof the changesto theamenc ment was in first-year director Gil Miche Garcia's words "to pre-empt The Opinio from being used by any activist group as means of pursuing its agenda." First of all, this comment is absurd. Free dom of the press means just that. Freedo cannot be controlled. Secondly, The Opinion's constitution, which is binding on the newspaper, would prevent thenewspaper from straying from its — — constitutional duty to fundTheOpinionor any other group; it could choose not to fund the paper. However, anSBAconstitutional amendment could obligate the SBA to fund the studentnewspaper. Aproposed budgetpolicy, authoredby the president, Ben Dwyer, was voteddown out any consideration by the Board oi Directors. The pol icy wouldhave ensuredThe Opinion 10.5percent of therevenues generatec by theacti vi ty feeandwould haveal lowedThe Opinion to keep ad revenue generated over the amount of theSBA's allocation to The Opinion. However, theSBA rejected its obligation ndthestudent newspaper without discussion. The SBA spent more time discussing whenand wherethe next sponsoredbqozefest would be than it did talking about giving the X . X SeeDELIBERA TIONSpageS Clarification: clarification ofthe Oct. 12 article, "New Society recognized by SBA," it was that JohnLeifert and Veronicaßodriquez motionedto table recognition of the ESLS. reported ' In The motion was made and voted on before it had been established that failure to recognize the ESLS at the Sept. 27 SBA meeting wouldprevent it from bringing their first scheduled speaker to the Law School. Once the point was raised that it was necessary to provisionally recognize thegroup and grant it sufficient funds to host its speaker, those voting originally to tablethe matterreconsidered and joined a unanimous vote to regogni ze andfundthe society. �October 26, 1994 OP/ED THE OPINION Perspectives By Joseph Broadbent Crime and Evil in America Unless you ye been living under a rock for the past year, you know that crime is the number one issue in America today. The nationaland local news ram it down our throats. Legislators talkaboutit withtheirconstituents. For thelast two years. Congress has bickered back and forth about the issue until finally coming up witha compromise law lastmonth. Finally, almost all thecandidates for the upcoming elections are talking that no matter how many times we drill a concept such as respecting othersinto a person, committing a crime is ultimately a personal choice that the individual makes. The "Just Say No to Drugs" campaign was drilled into the minds of impressionablechildren incessantly, yet.some of those same children have grown up to become drug users and dealers. Certainly, that can't be because of a lack ofeffort by the campaign; it was ultimately a result of a choice which was made. because they wouldn't commit suchatrocities against others, they assume thateveryone sharestheirvalues. Unfortunately, thai is not the case. Many repeat offenders enjoy committing theircrimes and the sense ofcontrol over thevictim that it gives them. They couldn't care less about being rehabilitated and leading a law-abiding life; they look at law-abiding people as -i "suckers." one The prevalence of crime is issue that, Many repeat The "three strikes, you're out" proposal which enjoy committing their crimes almost by its nature, causes people to take stands has become so popular lately has merit in that it sense control over the victim that it gives based on emotion. On one side, people argue that not and the imposes appropriately stiff penalties for those who have repeatedly demonstrated that they have no enough is being done about it and that criminals them. They couldn 't care less about being deserve stiffer sentences. The other sideargues that Provided thatsuchlaws rehabilitated and leadinga law-abiding life; they look concernforothersorsociety. can be phrased so as to only apply to serious, violent longer sentences won' t do any good and thatall the at law-abidingpeople as "suckers." criminals, the concept is one whose time has come. attention should be focused on social programs di-I The same applies to the death penalty, which is rected at the youth. No matter how many times aparent or teacher tells a child reserved for the most violentmurdererswhohave showed utter Perhaps what some people fail to realize, or don't want to that there are some are to abide by the lawand not hurt others, thechild or teenager is contempt for the lives ofothers. admit, is people in the worldwho just evil, for lack of a better word. The are full o faced with thealternatives of workingfor $5.00/hr. or dealing One obvious way to cut down on the amount of violent prisons plain inmates who served a shortened sentence, got out, and the and thousandsofdollars a week. Whenhechooses crime is through strict control of guns and bullets, which will drugs making committed the same crime all overagain. Whileitmaybe tru to pursue the lifeof crime, whether it be dealing drugs, armed make it much more difficult (although not impossible) for that they wouldhave returned to a lifeofcrimeregardless of th robbery orrape, are we to blame the parents or theteachers for criminals to use guns in their crimes, which makes thecrime sentence, of the that to the mother whos thecriminal\s choice? That's what some people would like to easier to pull offand keeps thevictim distancedand impersonal. length try telling do, was less than a after the wa ratherthan face thefact that therereally are monsters in the 70 percent ofall murders committed in 1992were committed daughter raped year prisoner release, when he wouldhave still been worldwho can't always be identifiedbefore it's too late. Last with firearms. Clearly, the number of homicides would dein priso granted early week'srape ofthe 14-year-oldgirl in NorthBuffalo brought that crease if access to both gunsandbullets was restricted further. served his full sentence. While it's admirable thatpeople want to try andpreven Even if only two homicides were prevented as a result, the point home very clearly. ids from growingup to becomecriminals through so-calle Are we honestly supposed to believe that it's better to measure wouldbe justified. It's not a pretty thought to think that some people live to 'preventive programs" such as the ever-popular midnigh minimize a rapist's sentence rather than remove him from basketball, theadvocates are being disingenuous. These sam for as as When he out and long possible? gets rapes prey on others. It certainly doesn't build faith in a god or the society who out for more lenient treatment another inncoent are we to blame the cry wouldsing quit prison concept of universal justice. But, unfortunately, life is often people girl, supposed a different tune if it was theirhusbands, wives orlovedones wh or his for his conscious decision to system parents prey on the cruel and ugly. Once people face the harsh turth that some victimized. Then they would want to impose the longes innocent? Ifwe are honest with ourselves, we will realize that people are simply predators who will only bring pain and he, as well as many others, simply can't be rehabilitated short misery, thenperhaps wecan agree onpolicies that will lock up nee possible and throwaway thekey. Itcan' tbeboth way c harsher sentences are okay in some situations and no of using Orwellian thought control. repeat violent offenders for good and protect the innocent, Theadvocates ofrehabilitation and other "touchy feely " which is what the criminal law is supposed to do. okay in others. What these social-program lovers don't want to admit is concepts makethemistakeof assuming that these people don't Broadbent is theNewsEditor ofThe Opinion. offenders of Khad E ■ ;: Tell us your opinion! Tfyonhave an opinion onany thing published in our newspaper or on any current events topic that concerns thelaw school community, write TheOpinion. ;|| Letters to thecdi torare best when writtenas a part ofa dialogue|and must not be longer thantwo pages double-spaced. Perspectiv<ssaregenerallyopntonanicJesconc«amlngtopics of mleresttothelawschoof community andmustnotbelongerthanfonrpages double-spaced. A! 1 submissions are duetheFriday before:wepublish. Your submission m ustbe typed, doubled-spaced, and submitted on paper and on a computer disk;{lßM-WordPerfect 5.1 format). The Opinion reserves the right to edit any andall submissions for space as necessary and also for libelous contenUwe- will not publish any unsignedsubmissions. Sendvoui submissions :i,Mi_ <.ftk cor plact liu-tn ■ithvi liox K)oi 2*o, ' Deliberations, continuedfrom page 4 newspaper theautonomy itis guaranteedby the United States Constitution. According to thebudget report released by theSBA, The Opinionis allocatedsB,ooo at the beginning ofthe year. However, theSBA also requires TheOpinion to generate $8,000 of revenue for the SBA, according to the report. Thus, in essence, the amount is a short-term loan. Itis theSBA whobenefitsfrom the large loan, not The Opinion. The Opinion only sees money from the $8,000 if it fails to generate $8,000 in ad revenue. In reality, the "allocation" or loan only acts as a safety net. In fact. The Opinion wouldbenefit from a lower loan amount; by having its funds de- pend on ad revenue, the paper would have a greater incentive to seek out new advertisers. However, theSBA increased the loan amount to ensure thatit was paid back all the money it allocated to the newspaper. The Opinion is the only organization expected to repay all of its allocated funds. This budgetary process is arbitrary and capriciousand fundamentally unfair. And it acts to furtherrestri ct the newspaper' s freedom ofthe press. It is time that the SBA directors learn thatthe entire law school community benefits from a free press, while only del usional, power hungry, demagoguesbenefit from a restricted press. RESOLUTIQNTO AMEND THE SBACONSTITUTION TO GUARAKTEETHE FREEDOM OF THEPRESS WHEREAS: A fundamental aspect fooarcpricepi ofliberty is a free and unfettered press, and; WHEREAS: Therehavebeendocunientedattempts by theSiudentBar Associatlonduring past administrations tosanction thestudent'snewspaper, TheOpinion. because' ofits ed itonal conical, sad; WHEREAS: We view such sanctions as a dangerous and unjustified interferencewith the freedom of the press, and consequently a violation of ihe First Amendment to the United States Constitution. BE IT RESOLVED: Thatwe, IheBoard ofDirectors of theStudentßar Association, propose the following amendment to be ratified by the student body pursuant to Article Vlll §1 ,if tin. Constitution oftheStudent Bar Association of the University at Buffalo School of Law; Article IV § 1(a), ofsaid constitution, shall be amended lo include the following: "B, Pass noresolution abridging thefreedomof theprcss, orsanctioning the press in anyway for the exercise ofthat freedom." BEIT FURTHER RESOLVED: That an election will beheld as soon as practicable toprcsem this question to the student body pursuant to Article ViU §2 of the Constitutionof theStudentBar Association of the University at Buffalo School ofLaw: "Ain't Got No Respect": Modern Day GenderWars By DianeLorenc Mathers i name-calling, andhave everyone hating, abusA fundamental problem creating grief ing, and mistrusting eachother. between the sexes facing our generation today I guarantee that if every man and woman appears to be a gross lack of respect. One can were to lookeachother in theeye and see them ofcoursespeculate as to its origin: some blame as the unique individuals they truly are, each the "women's movement", others the "70's with his/her own pleasure and pain, it would sexual revolution." Regardless of its exact grieve us to treat eachotherlike garbage. The origin (however important and relevant), we militant feministwouldindubitableavail herare still left with theresidue which, as initially self more by being personable as opposed to i ntroduced, appears to be a fundamental lack of aggressively defensive (which inevitably respect and its myriad negativerepercussions. "turns off" the majority who are the ones who Womenlack respect for men due to prevneed to be listening)! The arrogant malewould alent sexist, chauvinist and male supremist avail himself more by sensitizing himself to attitudes, howeversubtle or blatant. Menlack women's issues, really investigating life in a respect for women as they reach societally profound way rather thanjudging things supermandated "roles"; for example, women who ficially. are as sexually free as men are "sluts" and Let us all agree to do away with name"whores"; women who are as ambitious and calling, labelling, intolerance, and defensivesuccessful as men are "aggressive bitches" ness, and replace it instead with humanity, who are "trying to be men"; conversely, dignity, integrity, and respect both for ourwomen who are not ambitious are "silly", selves, and eachother. A famous philosopher "frivolous", "bubbleheads." Amidst all of once said that indeed men (and women!) of this tensionand name-calling, it is interesting goodwill can disagree—but, ifwe do disagree to theorize how we can try to make peace let us all agree to do it in a way that is at best between the sexes. My theory is based upon constructiveand at worst, merely neutral—not (you got it) respect. crueland hurtful. The former shallre-ennoble A "supposedly" civilized society of us all, whereas the latter will only continue to mature adults assumes the possibility (howevdefileand shame us. er remote) of treating our fellow men and PEACE women as human beings and not as "enemies" or "refuse." The alternative of course Lorenc Mathers is a first-year law stuius to remain as spoiled children, stick with dent. Probing,TTimelyy y Controversial, Beer... Join TheOpinion! Law student wanted as an assistant to the Editor-in-Chief Those interested should drop a note in box 10. 5 �October 26, 1994 6 NEWS THE OPINION Survey of candidates for the Nov. 8 general election by MichaelKuzma, Reporter For those ofyou whomay be unfam il iar with the players in the upcoming general election on Nov. 8, the followingsurvey may helpyou become alittlebetter acquainted with the candidatesbefore you step into the booth. Governor For the Governor'srace, incumbent Democrat Mario M. Cuomo is facing a stiff challenge from Republican New York State Senator George E. Pataki. Pataki haspromised tax cuts, enactment ofthe death penalty and a tougher stance on crime whileCuomo has vetoed death penalty legislation for thelast 12yearsand prefers life imprisonment overcapitalpunishment. Cuomoalso believes that Pataki's lax cuts are unrealistic. Also running for Governor are: Thomas Golisano(Independence Fusion Party), Larry Lane(Socialist Workers Party), Robert T. Walsh (Right to Life Party), and Robert Schulz (Libertarian Party). Jimmy McMillan, a retired lelter carrier and Vietnam veteran from East Flatbush, is running for governor as a writein candidate. Attorney General For New YorkStateAttorney General, Democrat Karen S. Burstein is squaring off against Republican Dennis Vacco. Burstein believes the Attorney General is not a "superprosecutor." She believes that prosecuting criminals is the job of localDistrict Attorneys. If elected, Burstein would putthespotlightoncrime-likedomesticviolence-and help coordinateefforts tocombat and prevent it. Dennis Vaccobel ieves that combatingcrime is an important issue in the Attorney General'srace because, as the people's lawyer, the Attorney General has a responsibility to address and serve as an advocate on matters of public safety. Vacco is a formerUnited Slates Attorney for the Western District of New York and is the only endorsed candidate for Attorney General who supports the enactment of the death penalty as a tool to fight crime in thestate. Also running are James M. Hartman (Independence Fusion Party), Nancy H. Rosenstock (SWP), Alfred J. Skidmore (Right to Life), and Daniel A. Conti, Jr. State Comptroller Democratic incumbent, H. Carl McCall is being challenged by Republican Herbert I. London for the position of Comptroller, the chief fiscal officerofNew YorkState. Amongotherthings, the Comptroller is responsible for governmental financial oversight and pension fund management and directs department activities relating to cash management, statedebt and investment. Laureen A. Oliver (Independence Fusion Party), Brock Salter (SWP) andRichard L. Geyer (Libertarian) are also vying for theoffice. United StatesSenate In the United States Senate, Democratic incumbent DanielPatrick Moynihanis being challenged by Republican challengerBernadetteCastro. Senator Moynihan, who was first elected to theSenate in 1976, is thecurrent Chairman of the Senate Committee on Finance and is the only person in American history to serve intbursuccessive administrations. He recently proposed to imposehigh taxes on bullets to help reduce crime and also supported the assau It weaponsban in the crime act. Castro is a memberoftheTax Cut Now Party and is President and ChiefExecutive Officer of Castro Realty Corporation. Also running for theseat are NaomiL. Crane (SWP), Norma Siegel (Libertarian) and Ismael Betancourt, Jr. U.S. HouseofRepresentatives Erie County isbroken into three Congressional Districts, numbered, 27, 29 and 30. District 27 Republican incumbentBill Paxon will face off against William A. Long, Jr. Paxon was first elected to Congress in 1988. Paxon believes that candidates should be required to raise 50 percent of all contributionsfrom withintheirdistricts. He also recently opposed the assault weapons ban. Long supports a $1 per registered voterspending limit and further limitson special interestcontributions. District 29 Democrat incumbentJohn J.LaFalce is facingachallengefrom Republican WilliamE. Miller, Jr. LaFalce was first elected to the House in 1974 and is Chair of the Small Business Committee. LaFalce supports public financing for Houseand Senate races as is now done in Presidential elections and supports fulldisclosureofcampaign contributions and other financial matters. Miller supports term limits. He does not accept special interest PAC money and intends to sponsor legislation tooutlaw directcontribulions from PACs to federal candidates if elected.. Right toLife candidate Patrick Murty is also running for the House seat. District 30 Democratic challenger David A. Franczyk squares off against Republican incumbent Jack Quinn. Quinn was first elected to Congress in 1992. Quinn received an "A" from Ross Perot's UnitedWe Stand Organization forhis votingrecord. Quinn supports the lineitem veto, balanced budget amendment, and term limits. Franczyk proposes to roll back heavy, regressive federal taxes on working and middle income people. He also supports strict campaign spending limits. StateSenate There are four Senatorial Districts in the County ofErie. District 57 Democrat Anthony R. Nanula is facing Republican candidate Jeffrey D.Williams. District 58 Demccratic incumbentWilliamT.Stachowski is facing off against Republican Roger Heymanowski. District 59 Democrat James J. Kelleher is challenging Republican incumbentDale M. Volker. Volkerhas served in the Senate since 1975. Throughout his career, hehasbeen an advocateof stronger criminal lawsand hasbeen themainproponent for enacting the deathpenalty in New York. Since 1987,Volker has served as the Chairperson of the Standing Committee on Codes, which involves having responsibility for formulating criminal justicepolicy for theSenate and New York. Kelleher is a local attorney and businessman who believes that voters should be given the opportunity to decide whether or not they want casino gambling through a public referendum. District 60 Democrat Charles E. Eaton is facing Republicanincumbent Mary Lou Rath, whohas held the seat since 1993. Eaton is an administrative assistant with theErie County Legislature. State Assembly There are nineNew York Assembly scats up for grabs. District 140 Democratic incumbent RobinSchimminger is being challenged by Republican Timothy J. Scanlon. District 141 Democratic incumbentArthur O.Eve is running againstRepublican Michael A. Woolford. District 142 Democrat Joseph A. Montana, Jr. is facing Republican incumbent Richard R. Anderson. District 143 Democratic incumbentPaul A. Tokasz is up against Republican Gene F. Rossano. District 144 Democrat incumbentSam Hoyt squaresoff against Republican MatthewRyan. District 145 Democratic incumbentRichard J. Keane is beingopposed byRepublican Robert J.Lichtenthal, Jr. District 146 Democratic incumbentFrancis J.Pordumis being challenged by Republican MichaelK. Mosey. District 147 Republican incumbentTom Reynolds, who was first elected to the Assembly in 1988, is running unopposed. District 148 Republican Sandra Lee Wirlh is running against Democrat G. Steven Pigeon. Wirth presently serves in the Eric CountyLegislature, while heropponent, Pigeon, is a UBLaw alumnusand a practicing attorney. Erie County proposition one This proposition, if approved by the voters, would permit asimple majority ol'the EricCounly Legislature to extend the extra one-percent tax, changing the current requirement of the approval of three-fourths of the legislature. Due lospace constraints, thisarticle can only provides a briefsurvey ol'thecandidates running for the various offices. Students interested in learning more about the candidates may obtain information from the League ofWomen Voters, a non-partisan organization working to promote political responsibility through informed and active participation ofcitizens in government. The local office of the League of Women Voters is located at 875 Elmwood Avenue at Lafayette, Buffalo, N.Y., 14222-1488. The office can be reachedal(7l6)BB4-3550. TheLeaguepublishes two very useful guides for voters, Electionßulletin and Facts For Voters. These publications are available at most publiclibrariesormaybeoblained directly from theLeague. Remember to vote: Election Day isNov. 8 Polls are openfrom 6 a.m. to 9 p.m. ATTENTION STUDENTS Deadline ! The BAR/BRI fall semester discount ends on Tuesday, November 1 Last chance to secure your lowest tuition! BAR REVIEW �FEATURES October 26, 1994 THE OPINION 7 Who's who? UB Law third-year Susan Fox named 'outstanding law student of the year 9 By DiannaL. Ramos, Reporter youngerr ox a key to the town. "They had a beautiful ceremony where theypresented Susan with a lovely plaque and a key to thetown," theelder Ki-year law studentSusanFox is B law student ever to be voted 's "Outstanding Law Student OfThe Year." The award is presented oncea year by Who's WhoAmong American Law Students. whohas hadboth ofher kidneys ved, was selected earlier this year a pool of approximately 350 law students nationwide. The Who's Who award, the pinnacle of law school academic awards, is given out to students whohave achievedacademic excellence despite prohibitive factors. Fox, 31, was nominatedby Phi Alpha Delta. "The award is based on a person's ability to overcome adversity in their life," Fox said. "I was originally diagnosed with kidney disease at 14."Foxsaid. Shewas originallytoldby doctors that her kidneys wouldlast at least another 20or 30 years, but she sufferedkidney failure fouryears h later. "I was forced home for treatment just a week after I went off to West Virginia to attend college," Fox said. "By the time I was 19, I hadboth kidneys removed." When asked how thishas affected her life, Fox casually remarked thatshehas tohavedialysisthree timesaweek inorder to survive. Shegets treated downtown at a private clinic. friend third-yearlaw student Sally Broad, said that Fox is modest and unpretentious. "The fact that [it wasSusan's mother] that told you that Susan received a key to the town and not Sue herself is really §Fox, SusanFox,3L over her is all about. I have been doing this so longI don'treally see this as being extraordinary. This seems perfectly natural to me; if you want to become an attorney, you have to set your goals and then be determined to make them hap- pen." According to Fox's mother, Doris, the younger Fox didn't always feel this optimistic or deabout life. There was a time /hen Susan was very ick, so sick that we lmost lost her; we idn't think she would live past 20 years old but hereshe is at 31 doing fine." elder Fox utesherdaughrer s success, inpart, to her daughterbecoming more involved inschool. "It seemedthe more active she becarhe, the healthier she got." When asked how shefelt abouther daughter's award, theelder Fox said, "I couldn't be prouder of Susan." Fox's mother added that thecouncil members of Clarence [their home townj gave the "...ifyou want to become an attorney,you have to set your goals , and then be determined to make them happen." — EacfttfeatmeflMasts%proxiraatelyfour hours. "I use the 12 hours that I'm hooked up to 'the machine' to study or get my reading done," Fox said. She is unclear as to what the fuss Susan Fox ' Ijrmined PThe - no surprise. That's thewaysheis. Susan is one of the most ready on dialysis, her mother said. To enhance her chances for long term survival, Fox is involved in an organ transplant program. "I have been called twice with news of available kidneys, unfortunately, though, there was no "...she's an example to others of what can be accomplished in spite ofbeing chronically ill." ~ Sally Broad unassumingpeople I have ever met." > Broad, who also is a health care professional, thinksthatFox hasbeen an inspiration to everyone around her, including other patients at the dialysis "People who are chronically ill have a tendency to get depressed and to develop a 'poor me' attitude," Broad said. "Sue really cares about people and will cheer the patients up by giving them pep talks. Plus the fact that she's an example to othersof what can be accomplished in spite of being chronically ill." Broad said that having a goal has helped Sue overcome theobstacles inher life. "She has really beaten the odds," she said. "She is one of the few people I knowwho hassurvived withoutkidneys for this long. Sue has taken good care of herselfandher healthand that has played a major role in her ability to stay alive. "All of us are incredibly proud of Fox and herfamily are acutely aware thatshe hasbeaten the odds. "We don't know how long she can live withoutkidneys, but she has survived 14 years al- match," she said. After graduation this coming May, Fox is looking for a job where she can use her experiences to help others. "I am interested in disability law since there are so many people who don't get the legal representation they need or deserve," Fox said. Broad agreed, "Susan would make an excellent employee. She wouldbring to the job her unique perspective on the needs of the disabled." Besides spending 12 hours a week for treatment and carrying a fullacademic load, Fox has found ti me for volunteer work at theNationalKidney Foundation. "I'm very concerned that people become more aware of theneed for organ donation," Fox said. "Recent changes in the lawshouldmakepeople more inclined to talk to theirfamilies about theirdesire to 1 The changes include a general inclination to ignore a person's wishes to donate their organs. "People are under the impression that signing an organ donation card or a signature on the back of a driver's license will be enough to guarantee that their wishes are carried out. However, that's not the case," she said. "It is entirely possible for a doctor of family member to simply ignore that information.That's why it'simportant to stress to yourfamily your wish to donate your organs." GroupSpotlight: TheFederalist Society Society strives to showcase what's right at UB Law by Evan Baranoff Editor-in -Chief The goal oftheFederalist Society is to make people aware of"the otherside" of the issue, according to the UB Law chapter president Joseph Broadbent. The Federalist Society is a national groupoflawyers,judgesandlaw students interested in the current state of the legal order, according to Broadbent. The national organization hasabout 5,000 members and 130lawschool chapters. TheUß Law chapter was founded in 1985. Besides Broadbent, theotherofficers ofthe UB Law chapter for this year are Sarah Virkler, vice-president; Andrew Marx, FEATURES secretary; and Mark Urbanski, treasurer. Broadbent said the group "seeks to promote and advance the principles of the Federalist Society and to encourage thought on legal issues." According to Broadbent, the Society \s main principles are: (1) The state exists topreserve freedom; (2) The separationofpowers is central to the Constitution; (3) The duty of the judiciary is to say whatthe law is, not whatit shouldbe; (4) The constitutional structure doesn't contemplate the judiciary making law, thereby ignoring the principle of representative government. He said some events planned for this year include a series of debates on constitutional issues, including next month's First Amendmentdebate as well as debates on gun control and the death penalty, speakers on judicial restraint, and the publication of The Federalist Paper, thenewsletterfor thestudent chapter. In addition, members will have the opportunity to attend the annual student convention to be held inChicago in 1995 at a reduced cost. "The Society places a premium on both individual liberty and the rule of law"Broadbent said, "which means that judges should follow the law and not twist it in order to judicially legislate theirownpersonal viewpoints andagendas." Broadbent added that the Society also "seeks to enhance the intellectual atmosphere at the nation'slaw schools as well as promote awareness of legal issues by fostering debate and thought among studentsandacademics at the law school level through debates, speakers and discussionsof the issues important to the legal community." make law. Most law schools teach stuVirkler statedthat she wants to disdents that the law should be judicially pel thestereotype that theSociety is only manipulated to conform to one's needs when the only viable way to make law is open to white, conservative men. The Society recently publicized through the properlegislative process." Constitution Day on Sept. 17to increase While the Society fosters a conserawareness ofthe day when theConstituvative and libertarian point-of-view, he tionwas signedand to encouragestudents saidit encourages independent, intellecto read theConstitution. Broadbent said tual thought and meaningful debate on that "it's a sad fact that in ÜB's Constiimportant legal issues from all political tutionalLaw classes, the Constitution is and legalpoints-of-view so that students read from fewer than five times per secan think about both sides of an issue mester and rarely, if ever, are the Federrather than the often one-sided view alist Papers, the premier statement of taught by theirprofessors. what the Constitution is about, even reFor more information about theFedferred to, much lessread. That is intolereralist Society, contact Broadbent, at able for a class that professes to be about box 581. "The Society places a premium on both individual liberty and the rule oflaw, which means that judges shouldfollow the law and not twist it in order tojudicially legislate their own personal viewpoints and agendas." —Joseph Broadbent the Constitution." He added that "students are taught as if the only law they should bother to know are contained in court opinions, as ifsuchjudicial activism and disregardof thewrittenlaw wasan appropriate way to "If any of our principles appeal to you or if you just desire a meaningful, intellectual debate about legal issues," he said, "express yourinterest by leaving a note in Box 581 or, better yet, come to a Society meeting." �THE OPINION 8 Roami Photogrnagpher The FEATURES October 26, 1994 Rmeo andoM by DcMdS, Leone byMolly Kocialski, Assistant.PhotoEditor This week's question is. .. What was your impression ofthe Clothesline? Jessica Murphy, IL " Visualpresentations always pack an incredible rhetoricalpunch. Not only does this inform everyone around, but it focuses attention on the pain too." WilfredAnigeku, IL "It's great. You can't have anything better to increase awareness than what is shown here. It brings home that domestic violence is still out there." Suddenly, the court's so called "Reasonable Man" did something quite unexpected, hence the Lenora Foote, IL directed verdict. "/ thought it was a great way to helppeople who are experiencing domestic violence in their lives to getencouragement and strength to get out of the situation andreach outfor help. " * <>M M -«<•» ■ .->�i CROSSW RD® Crossword ACROSS 1 Monkeyshine 6 Withhold Ihe tip 11 Bother 14 Domino plays permissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr. Adams "Ithought the Clothesline was great forpeople's awareness of domestic violence in this country. I think it's sick why the government doesn 't do more to stop thiskind ofviolence from occurring andpunish those who commit it. " and (sos TV show) 20 Gives the 21 23 25 26 29 once-over Villagers Slum problem Nuts Workout spot Jersey bouncers? 31 Zoo attractions 34 Feel busy 35 Stretched out loosely 37 Alcohol burner 38 Featured PaulAntonowicz, 2L players "/ thought someone had openeda laundry business and asked about ' p p Until next time. .. Friday 40 68 Pieces of 28 How do the eights? 41 Imposing sheep get into group 69 Inhibit the pen, DOWN 42 Ne plus ultra Holmes? 43 Go back to 1 Cheta.br one 30 Certain page one servicewomen 2 Guitarist 45 Lines Lofgren 32 Hitting overhead 3 Address cylinders 46 Pre-election 33 Authority 4 The bombs event 36 Make a bursting 48 Ponzi scheme, _." decision e.g. 5 Issues orders 39 Gave a hand 49 Hold on Tight" 6 Little, to a 41 Came clean band lassie 43 Does some 50 "I Still See 7 Dyeing wish cobbling "(Paint 8 Following 44 Biblical brother Your Wagon along 47 Torrent of tune) 9 Bird or Barkley abuse 52 Speaker of 10 Dressing type 51 Young, Ladd diamond fame 11 Where did this and King 54 Holds in check fruit come 53 Easily-split 57 Different from, Holmes? rock 60 Gallery display 12 Humorist 54 Summer place 61 Is this in the Barry 55 Voiced 13 Babe's style of a 56 A foe ofPan's devilfish, buddies 58 Q.E.D. middle Holmes? 18 Artificial-fabric 59 Have value 64 Spanish sea component 62 Stomach 65 SarinCygnus 22 Mogul master musdes, for 66 Raise Ihe 24 It's often set short spirits Bar 26 food 63 " dam 67 Persevere at tootinT 27 King or queen F p HP p p p p°~~WM" I' 2 113I13 I™ ZZZZZiZZZZZizZ -1 ■p5 Hp 22 ■p prices; but the only -response wasa confused look. ...Then I realized what the Clothesline was for and thought that it was a really effective and unique way to raise awareness ofa very serious problem. " -* Edited by Stan Chess Puzzle Created by Richard Silvestri it 15 Bush-league 16 Over- Andrew Roth, IL r i 26 HJHJ 27 H?5 35 35 ■■■45 & 5< 60 S~ HJ37 33 WM" Br 47 46 32 —H l5 H55 55 is Ui 63 64 Hes Lb 6? HoB He9 66 C 1992 Crossword Magazine Inc. Box 909 ■ Bellmore. NY 11710 • (516) 679 8608 See answer nat?e S F 11 �October 26, 1994 FEATURES THE OPINION 9 Stream ofUnconsciousness By Sam Chi Features Editor The Pm-too-short to look into my mailbox blues They come in all shapes, colors and sizes. They dot our buildingscapes and litter the walls. Sometimes they're big, ostentatious, official-looking metal things; sometimes they're nothing more than a hole in a wall. Yep, in a building near you, them mailboxes is all over these United States. In case you haven't noticed, there's a wall full over on the third floorofO'Brian. Every lawstudent, at sometime in theirschooling, peers into themurky depths to see that they got every last random, sheet, flyer, gob of cheez-whiz, whatever. Every law student but me. I haveyet to see theinside ofmy mailbox. Okay.soit'snothingglamorous, justacoupleofpiecesof wood for sidesand a cardboardbottom that keeps my mail from vaporizing into oblivion. But still, I'dlike to look inside. I mean, it is my space, my little crevice in the world, assigned to me for the whole entire year, maybe even three. Now I must accept that I'm destined never to see into, never fully experience my mailbox. Ijusthavetofaceit, I'm...short. mailbox is the second from the My It's top. justbarely within my grasp. Not only do I have to worry about school work going over my head, I have to worry about my mail too. I don't even know if ever I've all got my mail.There maybe a little 3)l(dpjB SOUfJIjiY& I stray sheet hiding and taunting me, gleefully laughing and boasting to all his flat buddies about his daring evasion. "Yeah, I duped that short guy by pretending to be a piece of cardboard." Even though it seems to be just that comes out, I see thelookof junk joy on thefaces of my friends who can see into their boxes. Upon seeing mail, theirfaces brighten. For abrief, shinning split-second theirfaces are plastered with a foolish grin. It's kinda likeChristmas morning, only a lot shorter. For me it's more like spilling ketchup on myself,justnot as messy. I' mforced into thescandaloustaskof sticking my hand in and probing aroundfor my mail. Sometimes I use my right hand, sometimes my left. Once in while I use both just to be sure. Every time I check my mail, I remember back when I was little; back when my mom kept telling me not to put my hands whereI couldn't see them. I guess I was a naughty kid. But even when I stretchand strain, I can'treach in more than inchor two. For all I know, therecouldbeevil lint balls lurking justout ofreach, planning to do me in. : At times I even hop, and try to catch a glimpse of what I'm missing. But I have to admit, in my experience I've discovered an important truth. Tall people are useful for something other thanweatherreports and changing lightbulbs on the ceiling. Okay, so tall people have problems too. A few of my tallerfriends complain that their mailboxes are too low for them. Theycomplainfhat they have to stoop to see into them. I have nosympathy for them. At least they don'tmake a spectacle ofthemselves every time they check their mail. I wonder if others before me suffered the same fate. Perhaps if Napoleon hadbeen able to look i n his mail box, Waterloo wouldhavebeen different. It must have been real tough for him. After all, he could reachin with only one hand, theother was stuck in his shirt. Perhaps he missed the flyer from Wellington? That would have been a real bummer. I don'tknow why peering into my mailboxhas suchallure. I guess it's a bit thrilling, kinda like going wherenoone'sgonebefore. It'slike climbing mountains just because they are there. Anyway, if youever see a short law student holding a can of cheezwhiz and hopping like a frog in front of the mailboxes, you'll know it's me. Just smile, say hello and if you're tall, take a peek? FREE MPRE LECTURE Presented by STANLEY D. CHESS President, BAR/BRI Bar Review More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For all second- and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mmmt BAR REVIEW Date: • OU>l *% • •k. l fe. |^ t m fV|flt# m \ ™ \J lIHIBS I • I #jl* jJL J •v* l ll^fI m m PlaCG* f\DOM3o& The Nation's Largest and Most Successful Bar Review 1500 Broadway, New York, NY 10036• (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 ■■■^■^■■■■■■■■■■■■■■■l I^^^^^^^^_^^_^^^__^^^^__ �NEWS October 26, 1994 10 BRIEFS SBA meeting postponed until Nov. 1 The SBA announced that the meeting which was scheduled for Oct. 25 has been postponed until Nov. 1 at 5:05 p.m. in Room 207. SBA TreasurerElizabeth Jewett said that thepostponement was madebecause ofcommitments many oftheclass directorshad to Moot Courtand thePolish Exchange Program. The SBA will continue to meet bi-weekly after theNov. 1 meeting. Seats on SBA committees available The StudentBar Associationannounced that they are looking for volunteers to serve on two recently-formed committees. The first commitee, to be headed by 2L Emilia Chernyavsky, wouldassist the SBA in obtaining new furnitureand otherfurnishings for the first floor lounge. Anyone interestedin serving on this committee should dropby the SBA office or put a note in box 42. The second commitee, to be headedby 1LVeronica Rodriguez, would organize a semi-formal sponsored by the SBA, whichis tentatively scheduled for early next semester. Anyone interested in serving on this commitee should dropby theSBA office leave a note in box 789. Human Rights week coming up The focus of this year's Human Rights/ International Law week will be to increase awareness of human rights issues and to mobilize support for international law in general, according to a press release issuedby the Graduate Group on InternationalLaw and Human Rights. A series of events have been scheduled to take place throughout Human Rights week, which will be heldfrom Thursday, Nov. 3 through Friday, Nov. 11. Suchactivities will include a free showing of "In the Name of theFather on Tuesday,Nov. 8 atBp.m.;apanel discussion given by law studentswho have workedabroad on Wednesday, Nov. 9;and a community awareness event on Friday, Nov. 11. Additionally, onNov. 3, there will also be a lecture by Professor ChristineChinkin on "Sources of International Law: Entrenchment of Male Perspectives" and a discussion on "Impunity" by ProfessorPablo De Greiff. A Coalition for InternationalLaw and Human Rights hasalsobeen established to coordinate and promote events. Anyone interested in becoming involvedin theweek's activitiesshouldcontactthe Graduate Group assistants, Gina DiGioia, Bruce Karpati, or David Hastings at 645-6184orstopby room 408ofO'BrianHall. State legislature approves Earlier this year, theNew York Legislature approved a proposed amendment to the U.S. Constitution that wouldprohibit defacement or mutilation of the American flag. The proposed amendment is in.response to the Supreme Court's decisions in Texas v. Johnson and United States v. Eichman. which struck down a state and federal law prohibiting flag desecration. The proposed amendmentwouldneed to be submittedto Congress by 34 states and thenratified by 37 state legislatures before it could become the 27th Amendment to the Constitution. researchedby JosephBroadbent, News Editor — — ! Point ofInformation \ the Spring semester? materials be available on Wednesday, A: Pre-registration will 2, 3, for on Nov. for second-years; and on Nov. third-years; Thursday, 14,for Nov. to Monday, first-years, according a memorandumreleased 10. byA&RonOct. Third-years can return their completed forms beginning Tues. Nov. 8 throughThur. Nov. 10,and can pick up schedulecards on Wed. Nov. 16. Thirdyears must make sure that they have a $0 balance with Student Accounts by Friday Nov. 11. Second-years must have a $0 balance with Student Accounts by Mon. Nov. 21, andean check the class status list onTues. Nov. 15. They can return completed forms to A&R (andhope they pick a low number) starting Thurs. Nov. 17. First-years do not have to worry about choosing classes or lottery numbers. They can return completed forms (the great scheduler has already selectedyour courses) on Mon. Nov 21, must have aso balance at Student Accountsby Nov. 28,andean pick up schedulecards on Mon. Dec. 5. The last day to register for classes before a latefee is assessed is Tuesday Dec. 6. Drop/Add begins on Thurs. Jan. 5 at 8:45 am. Those of us in Florida (and missing that cold, miserable, snowy, etc. Buffalo January weather) will have to have a representative do the drop/add thing for us. Ifyou don'thave any friends left in Buffalo, don't worry. Drop/Add continues toFri. Jan 20. By the way, makesure you get back to Buffalo by Mon. Jan. 9, the first day of classes. Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law students want toknow! Q: When is pre-regislration for "Quote" of the Week "I wan ted to pre-empt The Opinion from being used by any activist group as a means ofpursu ing its agenda. " — Gil Michel-Garcia, first-year class director THE OPINION New domestic violence law discussed at awards luncheon by Kelly Byrd, Reporter UB Law and the UB Alumni Association Saturday hosted the 19th Annual Alumni Convocation and JaeckleAward Luncheon. The topic of the morning's discussion was the new Family Protection andDomestic Violence Intervention Act of 1994. Jaeckle A wardwinners AmoldB. Gardner (I) andSen. Dale M. Volker (r) An eight-member panel presented differing viewpoints on the between criminal and family court ety simply isn't able to solve the problems of domestic violenceand for prosecution oftheoffender w i thin problem alone. The second half of the day the long awaited remedies brought 72 hours of the complaint. The vicmarked the awarding ofthe highest bythisnewlaw. Oneoftheprinciple tim now has a choice between fohonortheUB Law Alumni Associaauthors of the bill, New York State rums and, at the prosecutors discreSenator Stephen N. Saland, explained tion, can use both courts i fnecessary. tioncanbestow, theJaeckle Awards. The selection criteria for the award Regarding the actual implethat thebill hadbeen in theworks for almost two years. He was concerned mentation of the law, Erie County includes significant contributions to that children who witness domestic District AttorneyKevin Dillon said, theUBLaw School, theState ofNew violence are all too likely to become "We are going to make this statute York, and the legal profession. UB the abusers or victims later in life. workforErie County." Hehas asked President Griener presented the "We're trying to create a more for an extra $200,000 in his budget to awards to Arnold B. GardnerandSen. proactive program," Saland said. set up a new domestic violence task Dale M. Volker. Gardnerreceived a bachelor's "The mandatory arrest component force so that victims are less likely degree from UB in 1950 and a law (is designed to) take thevictim out of to fall between the cracks of an already overworked system. degree from HarvardLaw School in the loop." Anthony Colucci, representing 1953.Aprivate attorney anda senior Mandatory arrest will take partner at Kavi noky and Cook, hehas away most police discretion about the firm ofBlock and Colucci, comserved on the governing board of the when to merely diffuse a situation mentedlater onthe history of domesreaffirmed State University of New York since theneed and when to actually arrest a suspect tic violence. He 1980. for more affirmative action in modHehashelpedtheSUNYsysfor domesticviolence. Now, all.sustem in securing funding for quality pects of a certain severity of abuse ern times as he pointed out that domestic violence is not a new social education as chair of the Budget must be arrested. problem. Years ago, hesaid, Buffalo Committee and as vice-chair of the "Battered women face formidable obstacles to leaving the home," had smaller communitites which board. Volker, a New York state sensaid UB Law professor, Charles P. were more closely knit. Ifspousal Ewing. "Senator Saland's bill is a abuse went on, it could usually be ator, graduated from UB Law in 1966. He has served as chairman of monitoredby the neighborhood and landmark." families of victims. Colucci said the Senate Subcommittee on AlcoThe protection afforded by the that we need this of holism and is an expert on criminal type legislation new law also repeals the previous more than ever because socijustice issues. requirement that thevictim choose today Security to be increased at UB by JosephBroadbent, result oflast Wednesday' 14-year-old girl in Nort P yasuspectwhoseM.O.ha beenlinked to Buffalo'sserial rapist security will beincreased aroundU and the Ellicott Creek bike pat whereLinda Yalem was raped an< killed in 1990. Many law enforcement officials are convinced that Wednes day's attack was by the same person suspected of eight rapes, includin Yalem's. Buffalo Police Commissione Gil Kerlikowski declaredthat "every single resource" is being devot- Economics, Ed to catching the suspect. UB Public Safety and the Amherst Police Department have confirmed that "extra precautions" are being made in regards to the bike path, part of whichis under the jointjurisdiction of ÜBandtheTownofAmherst. Both agencies declined to give details of theprecautions, notwantingto tipoff the suspect, but will be working together to help protect students and attempt to apprehend the suspect. The six victims whodescribed their attacker described him as a white male, between 25 and4o years old, short-to-medium height, with dark hair, a moustache and thick eyebrows. It should be noted that these descriptions were given four years ago, so the suspect may have changed his appearance since then. Both the Buffalo and the Amherst Police Departments haveestablished hotlines for information regarding the case. The Amherst hotline is 689-1390 and the Buffalo hotline is 847-2255. Anyone withinformation that might help catch the suspect is encouraged to call. Some information reported in this article was obtained from The Spectrum's article in the Oct. 24 issue. continuedfrompage one also be made available in the some of the space being reclaimed by the law school. Details as to what groups will go into the new space have not yet been established. SBAPresi dentBen Dwyer stated that "it is theSBA's position that a substantial amount ofthe freed up officespace in O'Brian shouldgo to student groups." Expressing confidence thatthe SBAand thelaw school administration will beable to work together to ensure thatstudent groups get "a fair shareofthe new space," Dwyer continued, "studentshave patiently enduredcrowdedand inadequate office space foralongtime. Iknowthelaw school administration appreciates this." Asked as to how space will be allocated to student groups, Dwyer said "priority will be given to those groups who are the most active and who provide the greatest service to the school and the community." The exact details of the move are known at this point only to Scan Sullivan ofthe OfficeoftheProvost. Sullivan was unable to be reached for comment by this issue's deadline. Clothesline, continuedfrompage one home the message that domestic violence affects students that they know and see every day, which was the ideabehind the project. The Clothesline Project was just one oftheTask Force's activities this year focusing on domestic violence. The groupconducts ongoingfund-raising efforts to raise money for things such as reimbursing membersfor parking fees whenthey accompany victims of domestic vi- olence to court and Tuesday night clinicswith the Volunteer Lawyers' Project. Pratt stated that half of the money the Task Force raises goes to Haven House, a shelter for battered women. In addition to money donations, thegroup also collects goods such as craft items, women's and children's clothing, diapers and deodorantwhich government funding doesn't usually cover. Donations are accepted anytimeat theTask Force's Room 602 officeand volunteers are always needed. TheTaskForce has a number of other events and activities planned for this year, including bagel sales, lunches, speakers, and a play entitled "Father Knows Best," which will be about domesticviolenceand which will be followed by a panel discussion. �THEOPINION October 26,1994 WEDNESDAY. OCTOBER 26 Deadline: Applications for positions on FacultyStudent Committees are due in the SBA office, room 101, today. Stop by the SBA to see what positions are available. - SATURDAY, OCTOBER 29 12:30 p.m. Desmond Moot Court Final Round: Open to all. Come on down to the Erie county Court Building on Delaware Aye. to see the finalists of the competition battle it out before local judges. The action begins at 12:30 p.m. in Part six of the Erie County Supreme Court. - THURSDAY. OCTOBER 27 i today. 2:00 p.m. Presentation "Citizen Action and Saving the Woods": Bob Bassin swings through U.B. on his east coast tour to present the story behind the Sulphur Passage Project to save Clayoquot Sound in Canada. Faculty Lounge, 545 O'Brian Hall. All are invited to attend. WEDNESDAY. OCTOBER 26 6:00 p.m. & 8:00 p.m. Desmond: Preliminary rounds for Desmond Moot Court Competition continue. Time & Place TBA Desmond: Happy Hour for competitors, judges, clerks and the Board. If you have any questions stop by the Moot Court office, room 11 in the basement, or slip FRIDAY. OCTOBER 28 Deadline: If you do not wish information about your address, box number and/or phone number printed in the P.A.D. Student Directory, be sure to drop P.A.D. a note letting them know what not to print. Slips are due in the P.A.D. box at the end of the student mailboxes by . ATTENTION: . Save your chalk. Advertise your meetings and events on The Opinion's "Docket" page! - ... , .. POSITIONS AVAILABLE . . , , , , ... ... _~"„_••, _....., si,like,nthejoin,? Excuses don t produce results, -da chief ■ Ifvou'rereading this, thank you. theanti -establishment Frtnchy who, -- , mQQ mQQ „ ■■■■■■■■■■■■«■■■■■ Faculty-StudentCommittee Applications are available in theSBA office 101 O'Brian for thefollowing61positions: " ' INcXI ' ' Academic Policy & Programs (3 Positions) AcademicStandards & Standing (3Positions) Admissions(4Positions) Appointments(2 Positions) codeofconduct(2Positions) Faculty Student Relations Board (3 Positions) Law Library (1 Position) Mitcheiiucture(ip«ition) Law School Plann ing (2 Positions) special Needs (3 Positions) Special Programs (3 Positions) v ISSjUC. O. L> OV. Z*. Submission Deadline: NOV. 4 I """"""""""'""""""" Budget & Program Rev iew(3 Posit ions) j CrosswordAnswer! uiffls^jgoi p±an°lm±n° rMT a x , ■ ia^Sillfflii ?|(Mf fBPIMTiTo AirfcjjmgiiiHAs In addition to theabove committees, positions are available on thefollowing non -LawSchool Committees AS.M £| re re a dWe l s ■ ■ 1111 *Ji "r EX i. I■■ Recreation and Intramural Services Board Student Health Advisory Committee |P|L|y6|s|sjEjsaD||milal intheoffice,i«oiil?M , . m can be purchased at the Ticket office m the University ■ ~,t\ Sam anaLen: Iheli\t is in! , ./j, 1} Ice. II s warmaitun here ana the women donI rive me attitude. I m stavm ! big «r» Ivt gotmys7.W; who do Isee to gelmy Flaming Bull Weasel ? NOV. 16 . First Amendment Debate (postponed from an earlier date)J vB Attorney ON FACULTY-STUDENT COMMITTEE meeting Thursday at 3:30 p.m. :— *v,. ~w:~~ ~~~—~ T\A in the onice, room 724. j. upcoming events: November i ■ Mandatory Editorial Board _~ 3 . . PllllOn .. ■ , 4:30 p m Resume Small Group workshop: Remember to Vote! 4.39 p.m. Resume Small Group Workshop: Attorney and UB alum Christina Agola will conduct small group workshops. Bring your old resume or a draft of your ideas. Enrollment is limited to 20 people so you must preregister in the CDO. Room TBA. by BAR/BRI. Tuesday. I liC \J mmmmmm »■■■"■■"■■■"■■■■■~«—i^mmh Optional Reporters\Photographers , 4 meetingThursdayat4:3op.m. . 6:00 am 9.QQ p m Election Day Polls Open: Public Interest Week: If you're interested in sPendinB y°ur summer working at a public practice/ public interest setting, watch for details of CDO programs during this week. *» * TUESDAY. NOVEMBER 8 Time TBA Halloween Party: Party to be held at The Steer (on Main Street). Free food and beer. Prizes for best mqnpay. October 31 Events between Nov. 21 and Dec. 6 will be published in our pre-Thanksgiving issue. Submtsstons are dueNov. 18. Events that will take place after Dec 6 (including final week) and events that will take place early next semester will be published in our final issue: Dec. 6. Submissions are due Dec. 2. Place all Submissions in box 10. Please , , , ~ name of, a include with your submissions the contact person and their box number and phone number. We look forward to hearing about your events! FRIDAY. NOVEMBER 4 Deadline: The NAPIL Fellowships for Equal Justice applications are due today in CDO. Thursday. November Events between Nov ' 8 and Nov.' 21 will be rpublished in our Nov. 8 issue. Submissions are due Nov. 4. 5.39 pm g.30 p m UB Law School Alumni Student Happy Hour Mixer: The SBA is taking care of the food and drinks wiu be at a reducec i pr jce; but bring cash because Garcia's isn't taking American Express. 4:00 p.m. Resume Writing Lecture: An open lecture will be held in room 106 to give an overview of the resume's function and structure. No pre-registration is required and everyone is encouraged to attend. costumes. Sponsored T AW CROUPS'" 7:00 p.m. Sports Law Speaker: The Buffalo Sports and Entertainment Law Society presents Mike Gentile, Esq. There will be a reception at 6:30 p.m. in the student lounge followed at 7:00 by Mr. Gentile's presentation in room 210 All students welcome. . MONDAY, OCTOBER 31 your questions in box 335. and UB a um Christina Agola will conduct small group workshops. Bring your old resume or a draft of your ideas Enrollment is limited to 20 people so you must preregister in the CDO. Room TBA. THURSDAY. NOVEMBER 3 1:00 p.m. BLSA Law Day Conference: The Black Law Student Association is hosting a Law Day Conference for prospective law students at Diefendorf Hall, room 148, on the South Campus. Contact the BLSA at 645-2143 for more information. THURSDAY. OCTOBER 27 ijy 1 Hijtiilllizlp c M R»| |n c bJFT la t a Applications are due this Friday, Oct. 28. .. _ ,, ~ , , WetoveyouSatan! -Frenchv ,„.,,. , ~ ., ~ NewGen. F-k You!!! Thetime for being cautions has passed: welcome.'to the eraofliving. Gum beware offalling Sticks andblow-driedpotyster Ffltgtu prtfltlt. ,~ ■■ ~,r-i _ Poke--benareofltalitinmttxcltsandnsvchos SalanshoUrultllieumvrrsel-WtUimißandolphHtar.il , , stinking ■ Graphics:■we don Ineedno■ graphics-alsoFrtnchy lmtyM Rachel-Peter - HappvßtrthdmStte!llowvou Peter Did somebody say " Satan '" .... PerSOHalsOre FREE!7'.' Placey„UTptrstmahin b,>X# 10and We �12 THEOPINION October 26,1994 Only BAR/BRI! Only BAR/BRl's office was open the weekend before the New York bar exam, July 23rd and 24th. All other bar review courses in New York State were closed. Only BAR/BRl's attorneys were available to answer students' substantive and procedural questions. Only BAR/BRl's staff was available to assist in obtaining seat assignments for the hundreds of students who had not yet received them from the Bar Examiners. So the next time the other bar review courses claim to give personal service and attention and claim to be available whenever you need them, remember ... Only BAR/BRI delivers. BAR REVIEW THE ONLY CHOICE � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aef3cfb68badc5a4fa5ab867ace55d21.pdf dcaeb6d75f2ac11d2dad2b397ea821b7 PDF Text Text J ■ NEWS ~ ~ (FEATURES Endoperation ustuffstudent mailboxes." See page 5. SBA releases itsannualbudget report. See story on page 3. Communityprogram provides free legal sendees to the indigent. Story on page 7. Bringing theissues la thestudentssince 1949 THE OPINION Volume 35, No. 6 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW November 16,1994 It's a miracle Constitutional controversy ends with the SBA approving fundingfor the ChristianLegal Society by Steven Dietz, Reporter The Student Bar Association granted recognition and ng to the campus chapter of the Christian Legal Society Nov. 2 meeting after debating the constitutionalramificationsoffunding thereligious organization. The decisoncame and Class DirectorTom Trbovich. did not violate the rirst Amendment to the Constitution. "We're very pleased that we are now able to participate At theSBA meeting, the two sides disagreed whether the on the same plane as other student organizations," said Erik CLS's requirement that voting members sign a "statement of faith" constitutes a violation of a requirement in the SBA vice-president of the CLS. "It is a real joy for us." The CLS described itself in a "memorandum of law" Constitutionthat student organizations must admitall students in order to be funded.. one day after theUnited distributedat an earlier SBA meetThe "statement offaith"reads: "Trusting in Jesus Christ States Supreme Court "We 're verypleased that weare now as "a educational ing legal organization withaprimaryempahasis on as my Savior, I believe in: (1) The Bible as the inspired Word granted certorari in an able toparticipate on the sameplane as Christian thought andworld views." of God. (2) The deity ofourLxird, Jesus Christ, God's son. (3) appeal of a public uniThe debate onrecognition and fundThe vicarious death of Jesus Christ for our sins, his bodily versity'srefusal togrant otherstudent organizations." student funds for a stuofthe was based on resurrection and hispersonal return. (4)Thepresenceandpower ing largely CLS —ErikLarson dent-runreligious pubof the Holy Spirit in thework ofregeneration." interpretation of the First AmendThe CLS memorandumadded that other organizations lication. ment of the UnitedStates Constitution. Proponents ofrecogThe SBA approved thegroup'srecognition 9 to 7, with two nition argued that a refusal to such as the Native Amerientions. The rules required a majority of those voting to fund wouldcoastitute a contentcan Law Student Associain favor in orderfor theresolution to pass, according to SBA based restriction on the First "I think it's impossible and disingenuous tion place restrictions on PresidentBen Dwyer. As aresult, the 9-7-2vote was inactuality Amendmentrights of the CLS. to state that they 11use secular membership. a tie. Dwyer subsequently votedinfavorof the funding to break Opponents argued that funding Prior to the meeting, purposes in light their Constitution, thetie.Besides Dwyer,also voting for recognition and funding the CLS violatedtheEstablishthe CLS distributeda stipubylaws and statement were Class Directors Reda Austin, Robert Callahan, Brian ment ClauseoftheFirst Amendlation that the UB chapter Carlan, Rob Kitson, Joseph Kresse, John Leifert, Catherine «.. would admit all members Similarissues are now beofthelawschoolcommuniNugent, Nancy StroudandDan Werner. Voting against were Vice- PresidentLes Macado, ParlimentarianAdam Easterday Fore the Supreme Court. Itis hearingan appeal of Rosenberger ty to allactivities and events and thatit would use the statement (by proxy), as well as Class Directors Emilia Chernyavsky, v. Rector andVisitors of theUniversi tv ofVirginia. 18F.2d269 of faith only as a prerequisite to voting membership. It also Cir. 1994), in which the Court of Appeals held that the stated that at no time will it use SBA funds to sponsor solely Sandy Fazili, Gil Michel-Garcia, MercedesLindao, and Veronica Rodriguez. Abstaining were Treasurer Elizabeth Jewett University ofVirginia's refusal to fund a religious newspaper SeeCHRISTIANLEGALSOClETYonpage 11 I ton, I of fundsfor offaith." —DavidNemeroff UB administrator clarifies specifics of Economics move The Final Four by PeterZummo, Managing Editor Phot by John Gasper The fourMootCourtfinalistsposeafter thefinal competition (Ito r) : JohnBolton, Jeff Calabrese, Bridget Cawley,and CarolynPratt. The competition took place on Saturday, Oct. 29 at theErie County Courthouse. Completeresults listed on The Docket, page 11. First Amendment issues dominate Desmond Moot Court competition byJosephBroadbent, NewsEditor The 1994DesmondMootCourt Competitioncame to a close on Oct. 29 as the four finalists squared off for oral arguments in an Erie County Hall courtroom before a panel of judges made upoflocal attorneys andjudges. Third-years John Bolton and Jeff Calabrese took first place in the competition; second-yearsCarolyn Pratt andBridget Cawley finished the competition as finalists. This year's competitionwas based on a hypothetical case involving theFirst Amendment's guarantee offree exercise of religion and access to abortion services. In the competition's fact pattern, the hypothetical HealthCare Act required hospitals to provide a number of services including abortions and provided that hospitals which refused to provide theservices wouldbe deniedgovernment funding. A Catholic hospital refused to provide abortion services and sought an exemption from the law based on its First Amendment rights and the Religious Freedom Restoration Act of 1993,which requires all government action that burdens the free exercise ofreligion to serve a compelling governmental interest and to use the least restrictive means available. The questions in the hypothetical request for certiorari from the U.S. Supreme Court centered on whether the hospital's refusal to provide abortion services was an exercise of religion andwhetherthe hypothetical law met therequirements oftheReligious Freedom RestorationAct. Additional information concerning the move of the Economics Department from O' Bri an Hal 1 came to light last week during an interview with Scan Sullivan, associate provost ofthe University ofBuffalo. According to Sullivan, "thereis an agreement in principle" for the move of the Economics Department to Fronzack Hall early next year. The space on thesixth andseventhfloors of O'Brian currently occupied by the department shouldbe back underthe controlofUB Law by theendof January, 1995. Sullivan saidthat the implementation of the New Curriculum "forced the issue" of finding additional space for the law school. With the increased demands for classroom space andadditional teaching staff, the space crunch in O'Brian simply could no longer be ignored. However, classroom space throughout the university is at apremium. Sullivan statedthat, right now, the "university is at an equilibrium with supply and demand"with no excess space. The return of the classroom spaceusedfor nonlaw classes in O'Brianis a priority that will be addressed, but is not yet finalized. "We are committed toreturn therooms to thelaw school, but we have not found replacement space yet. We have not yet nailed down where the [displaced] classes will go." The newly acquired space will be renovated by UB Law fromfunds that were appropriated for the implementation of the New Curriculum. Sullivan commented that in the near future the universitywi 11 undertakea comprehen- sive survey ofall the classrooms on the north campus and their utilization in order to facilitate better and more efficient use of the space SeeECQNOMICSonpageIO Olsen replaces Headrick as vice dean \Headriek heads to Capen in new position withadministration \by Evan Boranoff..' . .( '"- ,r i hi.) J was appointed i vice dean tor Academic Affairs of the law school this week, according to a raemotandum is>ued by theDean's Office Hereplack, who will be es Dei. taking a position withthe University at Buf- faioau ■(«- The vice dean forAcademic Affairs is charged with all academic matters th.n concurriculum and teaching assignments. Ttw titniftg of th« appoinimeßt was moved up because Headrick. who has been acting dean while Dean Barry Boyer is on sabbatical in Europe, will undergo surgery thisweek Olsenwillbe acting dean ot the law school until Boyer returns next semester. Headrick said the nature of his position withthe administrationhas not been defined yet:however, he explained thathe will act as a "special counsel" to UB President William Greiner. whohasbeen aclose friend of his for many years. �November 16,1994 THEOPINION 2 Pieper People Pass!!! / \\ Come and see what Li- . everybody s talking I aV)Ollt "I I > I better send in my $15() deposit to receive those great kx)king Textbooks / ~*Ws Every attorney I'veN\ / \ / said'i ever met must take Pieper to / \ / / \ J yi/ and Appellate Alert Digest!/ \j£ Don't be left out of the conversation!!! /You passed too? /J That's great!] 1 couldn't have prepared any better!!! I'm glad I V switched to Pieper!!! \ J «T Jm v. K}\ 6 Ji- \ \ V 1#% *i \\i) (Of course I passed! | i took PIEPER I couldn't have done without them! lit Find out why everyone's talking about PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 ■ �NEWS November 16, 1994 THEOPINION 3 First Amendment crusader recounts experiences with McCarthyism by Mike Chase, Reporter The United States government is still trying to suppress lawful political dissent against itself, warned a First Amendment activist. Frank Wilkinson, one of the last people jailed for refusing to talk to the House UnAmericanActivities Committee inthe 19505, addressed an audienceofabout 30students in room 108 on Wednesday, Nov. 2, at3:3op.m. In his lecture entitled "The FBI v. The First Amendment," Wilkinson spokeabout his lifelong struggle for the First Amendment and warnedthat even though theHUACis gone, the government's efforts to prevent lawful political dissent will continue. "What happened in my generation is happening to yours,and you don't even know it," saidWilkinson, whois now 80. "Nowhere is it written in stone that theFirst Amendment will survive." A housing administrator in Los Angeles in the early '50s, Wi lkinson was blacklistedfor his efforts to integrate slums in the Watts neighborhood. Six years later, he was called before theHoase to answer questions abouthis political affiliations. Refusing to answer meant going to jail. "I decided to make a First Amendment challenge to go to jail. I wanted to put my body in the machinery. I wanted to stop it," Wilkinsonsaid. itested in so many differentways. They never So what drew Wilkinson to UB? "What brings me here is the fact thatI had wonderful lawyers, and that I outlived the break a Jim Crow law, you were nailed. Ifyou bastards! were tryingto work forpeace, you were nailed." "When I was blacklistedin 1952,the only groupthat came to my defense was theNationAfter his release, Wilkinson founded the al Lawyers Guild. If I was in law school now, National Committee to Abolish the House I would join the Guild." Committee on Un-AmericanActivities. Now Audience reaction to Wilkinson tended towards amazement. Bill MacDonald, IL, commented, "there's a lot of nasty stuff going "What happened my generation is happening to on." Nowhere is it yours, and you don't even it The lecture was sponsored by the Nationsurvive." written stone that the First Amendment al Lawyers Guild, the Latin-American Law Association, the Lesbian, Gay, and —Frank Wilkinson Student Bisexual Law Student Association, and the His trial for contempt of Congress went thatthe HUAC has been discontinued, he fights Black Law Student Association. The National Lawyers Guild will soon be before theU.S. Supreme Court. One person's for the National Committee Against Represtestimony that Wilkinson was a Communist sive Legislation. Hehas also fought sinee 1989 sponsoring a one day symposium with the led theCourt to find thattheHUACcould force to have his 30-year old convictionoverturned newly formed Law and Technology Issues him to answer questioas. He was convictedand and has settled a case against theFBI for il legal Society about the endangering of people's served a year in jail. wiretapping, surveillance ofhis committee's legal rights and privacy with the advancement "The corruption ofthe HUAC was manstaffand burglary of his Chicago offices. ofcommunicationtechnology. went after anybody who wasn't doing something ofasocial concern. Ifyouwere trying to — in know will in SBA releases its 1994-95 Budget Report by Steven Dielz, Reporler The Student Bar Association recently provided a copy ofits budget to TJiejOrjinion. The document estimates $121,210.00 in expenditures ands 134,000.00in income. "Even though it appears that we have a large budget to work with, in actuality we don't," explained SBA Treasurer El izabeth Jewett. Jewett said the $12,790 discrepency serves as a cushion so that the SBA can meet unexpected expenses or unanticipatedshortfalls of revenue. The figures do not reflect the $200 granted to the Christian Legal Society nor theadditional$500 granted to the Entertainment Law Society ($3OO for theregular lineand $200 for thelecture line). Thefunding for the additional regular line expenditures will come from the $2,000 unallocatedreserve listed in the SBA Budget. The lecture line is listed separately in the groups' budgets and is listed as a separate line in the SBA budget. The seperate line was created so that money could be specifically reserved for lectures, Jewett said. Unlike general expenditures, they are not rolled over if unspent. "This is to encourage groups to actually bring in speakers," she said. The Opinionreceived the most funds in thebudget with$8,000, with Circles receiving $7,130 and the BuffaloMoot CourtBoard receiving $5,200. On the other hand, The Opinionmast generate $8,000 inrevenuefor theSBA andis, according to the budget report, theonly group that must generate revenue for theSBA. Jewett said that the figures reflected in the regular line for each budget includes rollovers of unspent funds from the previous year and grants the organization obtained. For example, the allocation for Circles includes a $5,000 grant the journal received, she said. Jewett said the capital expenditures budget reflects funds for a new printer for The Opinion, three computers forstudent organizations, fax machines and renovation to the first floor student lounge. The SBA treasurer is required submit a budget before the endof to theschool year. All student groups submittheirproposal at budget meet- 1994-95 SBA Budget Report Lecture* Groups* Budgets Regular BfloJrnllntlLaw In Public Interest BfloEnvLawJrnl Circles TheOpinion 2510.00 5 700.00 1440.00 7130.00 8000.00 Dom.m Viol. T.F. Assoc Women Law Stud. Prison Task Force Latin Am. Law Students 1900.00 100.00 1100.00 1400.00 3140.00 300.00 200.00 200.00 300.00 400.00 Medical Legal Soc. Phi Delta Phi Asian Am. Law Students Native Am. Law Students 1000.00 300.00 300.00 1270.00 500.00 200.00 200.00 300.00 400.00 300.00 Law Stud, for Corp. Ace. Federalists Homeless Task Force 500.00 300.00 500.00 500.00 500.00 Labor and Fmp.Ijw Nafl Lawyers'Guild LBGLS 700.00 500.00 1140.00 oOO.OO 1000.00 400.00 SOLAR 11000.00 Black Law Students Assoc. JessupIn t'l Moot Court Bd. 600.00 2760.00 3820.00 Buffalo Moot Court Bd. Enter't& Sports Law Soc. Int'ILawSoc. 5200.00 250.00 250.00 B.P.I.L.P, Phi Alpha Delta 493?a00 500.00 Total estimated expenditures 49,310.00 Groups S.RA. Administrative 71,900.00 121,21(UX) 300.00 Total estimated revenue ident, treasurer, next year's treasurer and any other class director who wishes to attend. After the budget meetings, the SBA votes at a regular meeting in April on every organization's budget for the following year, she said. The budget is effective from August 1 until July 31. Criteria for funding include the 8,000.00 1994 Telephones 4000.00 Duplicating Office Supplies 1500.00 500.00 13000.00 4000.00 2000.00 Capital Expenditure Admin. Ass't Social Lectures 7400.00* Orientation 500.00 4000.00 1000.00 2000.00 1500.00 Senior Week Commencement L.M.P. Dinner Allocation past activities of the organization andfuture pi ans for theorganization, shesaid. In funding, the SBA takes into account whetherthere isany money left to rollover into the following year and how much money the SBA is expecting to obtainfrom donations and student activity fees, she said. Complicatingthe process is the 46,000.00 ofOct. Ct.:31, \ S.B.A. Budget asipf Accounting Fee ; "Unallocated Reserve" 2000.00 12000.00 1000.00 3240.00 9760.00 2000.00 71900*00 *RcfhTU:di>UlKkiUtrelmcmukrS.&A. adnmatrattvebwlget above i ngs presided over by the SBA pres- 4,000.00 134,000!5b Directory Face Book Student Athletic Fee Pre-Paid Service Contract 7400.00* 76,(100.00 Student Fees Interest Beginning Cash Balance TheOpinion way activity fees are allocated. The fees are allocated on a rolling basis, so theSB A only gets a portion of the activity fee at any one time, shesaid. She saidthat withdisputes concerning The Opinion and the CI.S resolved, the SBA will be able to take a closer look at the budget. "There's only so much money to go around," Jewett said. "Orga- nizations come to us withwonderful ideasand big budget proposals. They thinktheSßAhasoversloo,oooand that they can spend it all. That'snot true." she said. p————— — ——— 1 I Probing, Timely, \ I ControversiaUßeer... | I Join TheOpinion! I �EDITORIAL THE OPINION 4 /; \/ i km 35, Volume No. 6 Founded 1949 Evan C. Baranoff Editor-in-Chief . November 16, 1994 ~ iftn November 16,199 M Peter G. Zummo Managing Editor EDITORIAL: tH <P?P wtP"' \ Voltage A new vision for SUNY The State ofNew Yorkhas a new chief executive, with a new vision for the role of state government. This vision includes reducing theburden of taxeson the residents ofthe state and reducing the sizeand scope ofthe government'srole in people's lives. The people ofthe state have, by their votes, endorsed these ideas. Putting partisan politics aside for the moment, we wishthe next governor success in his endeavors, as success for the governor will hopefully bring success to all New Yorkersas the economy ofthe state improves andjobs and industry are encouraged to enter the staterather than flee to the South and West. The governor' s proposed 25 percenttax cut, however, should not be directed towards thefunding for education, both at the elementary and secondary levels. Education is crucial to the prosperity ofthe state and its citizens. As the world enters the 21st Century, a quality education will be indispensable for all. Cutting education funding will impact the state negatively for years to come. Itis sheer stupidity to attempt to cut taxes byreducing the funding ofeducational programs. This is especially trueat the university level. A quality higher educational system takes years to build. If funding is cut, good professors may leave, and quality replacements are difficult to find. Buildings deteriorate, and there is no money to plan for the future needs ofthe system, as current funding isstretched in a futile attempt to maintain the status quo. We realize, however, the new reality ofthe economy and state government. The state treasury is not an unlimited source of funds for every state funded enterprise. The SUNY system must come to grips withfiscal reality. This does not mean that SUN V must suffera slow lingering death. Perhaps the time has come foran examination of whatSUNY is and what its mission should be in thefuture. Does SUNY have to beall things to all people? Do wereally need64 campuses? Do we need duplication ofprograms at colleges and universities that are in close proximity to each other?Should SUNY be running a merchant marine college? We propose thata "blue-ribbon" panel study the future oftheSUNY system and recommend changes and cutbacks thatare necessary. This committee should function like the committee that studied and recommended the military base closings. The committee could recommend program eliminationsand campus closings thatwould go into effect unless the legislature vetoed therecommendations. This would enable the committee to function without too much political influence being brought to bear on the members selected for this thankless but necessary task. If the SUNY system is reduced in size, the current level of funding could support the remaining units at an increased level. This willbe beneficial to all the remaining schools and programs. As the only state law school, UB Law should benefit from this new directionfor SUNY. UB Law needs additional funding for the New Curriculum and for a new building. This funding may be hard to come by in the next few years if a major tax cut is put into effect. The process wehave proposed willnot only help UB Law, but theentireSUNY system by streamlining the university system, eliminatingredundant campuses and programs, andpreparing the system for the challenges ofthe next generation. STAFF Business Manager: LisaC.Nasiak Peter W. Beadle NewsEditor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Production Manager Assistant editors: News: JohnFederice and Lesa Maslanka; Editorial: David Zammiello; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and JakeSantos. Beat reporters: SBA: Steven Dietz; CDO: Daniela Almeida-Quigg; Alumni:Shelley Chao; Downtown: Michael Kuzma. Contributing Staff: Flora Chan, Mike Chase, and DianeLorenc Mathers. Computerconsultant: Peter Beadle Stabilizing:Thanksgiving Destabilizing Monday Night Foolballand the 271h Amendment TheOpinion isanon-pnifil.indepcndcnl.student-owncdandrun publicationfundedby theSßAfrom studentlaw fees. TheOpinion, SUNVAt Buffalo Amherst Campus,724 JohnLordO'Bnanllall.Buflalo.New York 14260 (716)645-2147, ispublished every rwoweeksduringlhel-'allandSpringscmcsters. It is thesludcnlnewspapcrofthcSlalellniversily ofNew YorkatßuflaloSchoolpl I.aw. ( opyrirfit 1994by The Opinion. SBA. Any reproductionof malerials herein isslriclfyprohibited withouttheexpress consentofthe I:dilors Submission deadlinesforletters to theeditorandPerspectivesare 5 pm. on the Fridayprecedingpubhcation Advertising deadlines are 6 p.m. on theFriday preceding publication Submissionsmay eitherbe sent to The_Opjnionat theabove notcdaddrcss, droppedoffunderThe Opinion officedtxir Irqirn 724 O'Brian Hall), or placedin Box #10or#2K0onthe third floorof O'Brian I fall.All copy must betyped, douhlcd-spaccd,and submitted on paper and on a computer disk(IBM-WordPerfect) letters arcbest when written asa part ofadialogueand must be no more thantwo pages double-spaced Perspectivesare gcncmllyopinion arliclcsconceminglopicsof interest tolhelaw schixilcommunity and mustbe nomore thanlourpagesdouhle-spaced The_()jirmonreadsandapprccialese\eryletter andPerspective we receive;wereserve theright toedit any and all submissionslor space,isnccc.v.jrvandalsofprlihclpus content The Opinion will notpublish unsiL'ncdsuhmissions We will return yourdisks toyourcampusmailbox ortoaprivate mailbox if a sell-addressed stampeden vclope is provided TheOpjnjonis dedicated to providea forum for the ree exchangeol ideas Asa result, the \ lews expressed in !h is newspaperare I not necessarily thoseol the! dilorsorStaff ofThe Opinion "Congress shallmake no law....abridging thefreedom ofspeech, or ofthe press;..." --The First Amendment **V I {Tut**}) UVA jgjgJßfr Hu»0« ~ Opinion Mailbox In response to "Crime and Evil" than others who have had, and continue to experience theseharshand cruel realities? Is it not only by the pure grace of God that we have live "privileged" lives as opposed to Oct. 26 issue. Mr. Broadbent, I wouldlike to commend despairingly disadvantaged? you onan article well-written and, I have to say /ou really believe that each of us that I agree with your opinion on the imporn a vacuum where we make pure, tance of stricter gun control; however, I must ated choices utilizing 100 percent admit that I found of our "will"? Mr. Broadbent, it is very many of your ascircumstances have greatly easy to "self-refersumptions disconto do with the creation or certing. I would ence"; we all do it all like to ask you a the time; however, at destruction opportunities few questions: some point we have to and hence the creation haveyoueverbeen realize the impact of hungry and not had individualsand circumstances on a human being's life. That money to go buy the destruction others. something to eat? myriadaggravatingcircumstances (such as Haveyoueverbeen out on the street caught in inclementweather poverty, racism, and sexism) can quite reaand had no shelter to run to? Have you ever sonably not only cripple a human being's lived in an area where you heard gun shots opportunities, but also corrupt them. What denoteas "pure evil" is not born, itis bred, regularly; where people you knew had gotten shot and killed; whereyou couldn't play out't you justpicture inmates on death row sidefor fear of being killed; whereyou had to n they were babies—all bright eyed and assumea predatory posture in order to survive trusting? From there were they loved, nurtured, and protected, or abused by people and and notbe prey edupon yourself? Have you ever desirededucationbut were unable to afford it? theharsh conditions of their lives? Perhaps Do you think that you never experienced any of you ought to do a survey (or read one of the theaforementionedtragedies to yourowncredmany that are already published); I think you it—becauseyou inherently are a better person See Opinion Mailbox on nextpage Kare ... of "successful" of of S Send your letters via e-mail For those of you who are into e-mail, you*II behappy to know thatany one who has e-mail access to the internet, whether its through theBuffalo Freenet, Prodigy, or the VAX system on campus, can now send letters-to-the-editor and perspectives to The Opinion over the irtformationsuper-higtvway. to; your Just send letters , andwe'll downloadthem at our endandprint them in thepaper. Be sure toIndicate whether your letter is a letter-to-the-editor or a perspective on thesubject ("SUBJ:"} 1me when you send the message. Ifyou don'thave an e-mai 1account and are interested in getting one, pay a visit to Room 215 ofthe Computing Center(located northwest of Capen Hal! next to Fronczak) andtheconsultantstherewill take you through the process ofregistering for your free VAX, IBM, or UNIX account, and assign you a usemame. Each ofthesesystems have differ- cons. en t pros and 11 you are justgoing to do e-mailandsurfthrough the internet! recommend get ting a VAX account Ifyou have a home computer andwantto access your account from there, askthe consultants forthe phone number your modernneeds todial,and ifyouneed it, pickupa freecopy ofKERMIT. K£RMlTisacornmunicatif3nsprOgrarn which will; enable you to dial up the University's computer system. If you have your own communications software you'll be fine, but the help desk at the computer center will generally only give you help, should you run intosnafus.ifyouare running KERMIT. So, if you are a complete novice you should probab!y pickupa copy. Oneor two days latter your account wi U be operational and you can sende-maii all Overthe worldand especially to use here at The Opinion. Peter Beadle Production Manager �November 16, 1994 OP/ED THEOPINION 5 Perspectives End operation "stuff student mailboxes" By Gwenn Carr and Martha Ehman Clinton's acquiescence to members of the Department ofDefense who believe that "Ho- policy is thatitis consistent with the mi litary's history of excludingother groups, for example, discrimination occurringagainst gay persons, we urge theSBA to restore its policy of requiring non-university agencies and organizations to seekSBA approval before distributinginformation in law student mailboxes. We also request that the SBA respect the law school's policy of non-discrimination on the basis of sexualorientation by denying all the military's requests to distribute recruitment information to law students through the use of student mailboxes. Until theSBA decides to act on theabove proposal, LGBLS will be implementing its own "End Operation Stuff Student Mailboxes" policy. Law students will see a labeledbin by the student mailboxes in which they can deposit any future mailings received from the military which will in turn be mailed back to the military with a statement of protest from LGBLS. So put your flyer in the bin and don't endorse the military's policy of discrimination. mosexuality is incompatible with military women, African-Americans, Japanese-Amer(ludge Advocate General Corps) stuffed secicans, Native Americans and people withdisond-and third-year law student mailboxeswith service and...seriously impairs the accomplishflyers advertising off-campus recruitment at ment ofthe military mission" (Department of abilities. the Marriot hotel. Despite the New York DefenseDirective 1132.14). AlthoughClinton's The next question, therefore, is how does supreme Court'sdecision in Doe v.Rosa(which policy has ensuredthat taxpayers' funds are no UB Law School react to incidents such as the heldthat ÜBLaw longer being stuffing of student mailboxes with military School would enrecruitment information. UB Law School's (< Student By allowing Operation anti-discriminatory policy prohibits discrimigage in discrimiMailboxes" to occur, the SBA has nation on the basis of sexual orientation as natory activities gays, lesbians, required by the ABA. if it allowed the allowed military recruitment to occur We, the authors of this article, believe law school bisexuals and and has turned a blind eye to ;ement sertransgender perthat the Student Bar Association also has a discriminationagainstgaypeople. vices by an emsons from the responsibility to uphold this policy of nondiscriminationon the basis of sexual orientaployer that dismilitary, hispolcriminates upon the basis of sexual orienta■itill discriminatory because it forces gay tion. By allowing Operation "Stuff Student c into thecloset. For example, something Mailboxes" to occur, the SBA has allowed tion), the military stillfound ways to engage in its discri minatory practices at thelaw school, ocent as reading a gay and lesbian entermilitary recruitment to occur and has turned a ainment magazine couldbe grounds for disblindeye to discriminationagainst gaypeople. through Operation "Stuff Student Mailboxes." This covert action allowed the military honorable discharge. Proponents of the "Don't This distributionof flyers was not harmless or to constructively come on campus by hiring a Ask, Don't Tell" policy argue that this is an innocuous. The JAG was able to not only "classified" independent contractor to discceptable solution. However, what these circumvent a court imposed injunction, but creetly stuff student mailboxes, thereby im)roponents fail to realize is that thisburdenof also to ignore the law school's policy ofantiplementing their own rule of "don'task, don't laving to constantly hide one's sexual identity discrimination on thebasis of sexual orientaCan, 3L, is thepresident of theLesbian, snot imposed on any other group. What can tion. tell." Gay, BisexualLawStudents;Ehman, IL, isalso Therefore, to prevent future incidentsof a member oftheLGBLS. The "Don't Ask, Don't Tell" policy is be said about the "Don't Ask, Don't Tell" Stuff §of ■ Opinion Mailbox, would find theresults most enlight- ening. We here at Law School cannot deny the fact that, at least to some significant degree, we have all experienced "privileges": perhaps being born into a "wealthy" and stable family (I define wealth as having your basic needs of food, clothing, and shelter met, not as owning a yacht); having someone in our families, who went to college and perhaps are already attorneys, whogave us priceless guidance; parents who bought us theconveniencesand luxuries of life, such as cars and personal computers. Do not misunderstand me. I am not contending that eachof us has not maderelative efforts within the context that Godhas placed us in; however, we ought to face up to the fact that not everyone in this world has had access to privileges we enjoy and take for granted; thus we cannot expect everyone to have had the same opportunities that we have had, which are primarily a result of our privileges. Mr. Broadbent, you ought to wakeup everyday andthank Godthat He did not choose for you to beborn in the projects in direpoverty; ifyou had I truly believe your life wouldbe very different. Would you be in Law School right now? Perhaps, but not likely. Remember, Mr. Broadbent, that circumstances have greatly to dowiththecreationor destructionof opportunitiesand hence the creation of "successful" individuals and the destructionof others. You will probably rebut my argument with evidence that there are some individuals now in Law School who grew up amidst myriad disadvantages—indeed, there are always exceptions to everything. But that's just it: they are exceptions. And why? Because the majority of people beset with grievous hardships wouldrather choose crime thanLaw School? Idon'tthinkso. Iguarantee you that the"successful" individual that you are going to point out to me has had some significant person in Congress, and then 37statesratified their lifewho loved them, believed in them, encouraged them, and guided them. Who was responsible for Malcolm X's "catharsis"? When he was inprison he met, for the first time in his life, a man who commanded power with his mind, with his intelligence, insteadof withguns, or with his fists. This man took Malcolm X under his wing, encouraged him, set him on a path towards self-education. Before that therehad beennoone,exceptagrammarschool teacherthat hadlaughed in Malcolm X's face when Malcolm told him that he wanted to become a lawyer. "All men are created equal" sounds sopretty, but is it true? No, of course not. In our society, where money and connections afford one power and opportunities thatthe next person has no access to, the much revered quote cannot be true in fact. Thus, it is in essence unjust to assume that each of us had access to opportunities that in reality only a small percentage do, as a result of privileges. I foreshadowed your "rebuttal"; indeed thosepersons exist, but lookaroundyou-doasurvey. What is thepercentage of people who came from grossly unprivilegedanddisadvantaged backgrounds in all theLaw Schools in thecountry? Is that percentage low because they, with total freedom of will, voluntarily chose a lifeofcrimeinstead of abrightfuture as a well paid and well respected attorney? Finally, Mr. Broadbent, I would just like to say that, in a spirit of goodwill, I would very much 1ikefor you to respond to this letter—l am genuinely interested in what your thoughts are about everythingI have just laid out. Signed (A "Social Program lover") Diane Lorenc Mathers, IL continuedfrompage 4 Clarifying the possibility fora 28th amendment To the Editor: I would like to clarify and respond to errors that appeared in the article "State legislature approves" (Briefs, 10/26,p. 10). First, thearticle stated that the N.Y. legislature hadapproved a proposed amendment to the U.S. Constitution that prohibits defacement or mutilationoftheAmericanflag. The resolution in question, S-L2590, did not actually approve any particular amendment language. It merely urged Congress to "initiate legislation culminating an in amendment...prohibiting desecration ofthe American flag..." Thus, thearticle should have beenclearer regarding the act performed by the legislature. Second, the author stated the proposedamendment couldbecome law after 34 states submitted it to it. Article V of the Constitution specifically declaresthattwo-thirds of the states (34) can apply to Congress to "call a Convention for proposing Amendments..." Any amendments proposed wouldthen have to be ratified by three-fourths of the states (38 [probably not 37]). These clear provisions of the Constitution should not havebeen so erroneously understood. Finally, the article stated that the prohibition ondesecrationwould become the 27th amendment to the Constitution. The Constitution already has 27 amendments, the most recent one preventing pay raises for Congress from being effective until after an intervening election. The authormay havebeen speaking metaphorically, suggesting that this new amendment would eliminate the First Amendment, but this seems unlikely. Perhaps a student groupinterested in constitutional issues, such as theFederalists, could runan informational session, or evena monthly student discussion on the Constitution. It is clear that there is much incorrectinformation out there, and all law students should learn the basic text ofthe Constitution. Oren. L. Zeve Lecturer in Law CLS grateful To The Editor: The Christian Legal Society (CLS) chapter here at UBLaw would like to thankthe StudentBar Association (SBA) Executive Board, particularly President Ben Dwyer, and the SBA Board of Directors for the recent vote in favor of recognition and funding for theCLS. The vote wasmade under difficult circumstances and involved a complex area of first amendment law. Prior to the vote, the SBA spent many hours over several months in the research, consideration, andpublic and private deliberationof this issue. Most impressive was the acknowledgement on thepart ofsome SBAmembers that, even though they possess an aversion to theChristian values that CLS represents, they nevertheless realize that CLS has a constitutional right of equal access to the vibrant public forum her at UB Law and that discrimination on the basis of viewpoint is never appropri ate, no matter how greatly one may disagreewiththe speaker's message. The CLS officers hope that our organization will provide a new and different voice in the law school community, a voicefrom a Christian perspective, that will fill avoid and stimulate critical thought, discussion and debate on the major legal and social issues that confront us today. Againwe salute theSBA for its diligent andthoughtful 1aborexpended on the long process of reaching this just and equitable result. - Jim Farnsworth, President Erik Larson, Vice President Mike Grainger,Secretary Ron Wright, Treasurer Tell us your opinion! Ifyou have an opinion on anythingpublishedin ournewspaper or onany current events topic that concerns the law school community, writeThe Opinion. All submissions are due theFriday before wepublish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reservesthe right to edit any and all submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them eitherbox 10or 280. �6 THEOPINION Of the more than 180 June 1993 Buffalo graduates who took BAR/BRI for the 1993 New York Bar Exam PASSED BAR/BRI 'The password at Buffalo Law School' November 16,1994 �FEATURES November 16, 1994 FEATURES THEOPINION 7 Pro bono Volunteers Lawyers Project disproveslawyer stereotypes byproviding services to the poor By FloraChan, Reporter No one has ever heardof a plumber not charging to fix water pipes or a mechanic that installs mufflers at no cost. But believe it or not, there are lawyers who give free legal advice to clients. The Volunteer Lawyer's Project (VLP) recruits young attorneys, law studentsand recent law graduates, and undergraduate students to assist in projects thatprovide free civil legal services for the poor and small non-profit groups in Erie County. Atpresent, VLP has approximatel y 825 public and private attorneys who activelyparticipate intheprogram. Most of these attorneys work on pro-bono referrals from VLP. Recently, an increasing number of attorneys havebeeninvolvedwith VLP's three special projects. Through these proj ects, attorneys represent and counsel clients in matters such as domestic violence, tenant evictions, and deportation and exclusion hearings. Law students and recent graduates are responsible for coordinating theprojects and scheduli ng the attorneys for the court proceedings. "The impact on the clients' lives is incredible," says Kirn Proseak, a UB law studentwhohas workedwiththe 'Attorney of the Afternoon' (AOA) special project since February 1994. "My project is the link that keeps the people in the United States." Under thesupervision of managing attorney Robert M. Elardo, Proseak and another UB Law student, Peter Lenz, schedulevolunteer immigration lawyers for lowincomealiens whoface deportation or exclusionproceedings. "These proceedings are chaotic because we are always pressed for time. We don't receive theINS (Immigration and Naturalization Service) charges until the morning of the hearing, and the informationthat is given is oftenincomplete," says Lenz. This project has had favorable results. Representation has led to cases being adjourned cases being transferred to where theclient's friends and family reside, or even clients being released from INS custody. With an adjournment, volunteers are given the opportuale follow up referrals for clients, are conduct a factual follow nity to done under the guidance of Elardo and up. "An easy case means a perI am exposed son has been deand staff attorney ported. A hard case to of VLP. Elardo where an adjournKennedy primarily watchment has been obes over the spetamed is much more interesting and cial projects and Zeigler conducts the means thatwe can do a factual follow up training program for the coordinators, of the case," explained Proseak. pro-bono lawyers, and in-house volunProseak's experience with VLP and work with Virginia farm workers on "lnitially, I show thestudent volunimmigration policy ledher to initiate a teers the basic things because I realized Farm Task Work Force at ÜB. through my own experience that law Factual follow-up, client screenschool does not prepare us for these pracing, case research, performing client tical things," says Zeigler as he reflects intake at the court house, recordkeeping, on his experience withhisfirst law firm. scheduling of attorneys, working with "Law school only teaches us thetheoret- "With VLP, real lifeproblems." Eileen — ical things." According to law school graduate Eileen Kennedy, co-coordinator ofthe 'Attorney ofthe Morning'(AOM)special project, dealing with clients and other attorneys, negotiating with landlords, and solving disputes, gives her a real handson experience. Under this project, Kennedy arranges counsel for low income tenants who are faced with evictions in Buffalo City Court. The goal of the program is to help prevent the clients from becoming homeless. "With VLP, I am exposed to real life problems," says Kennedy, "andthat's what I like about it." Erin Pelnik, VLP coordinator ofthe Haven House special project and a liaison between Haven House (the largest shelter in Western NewYork for victims See VOLUNTEERS onpage 9 AlumniFocus: Garry M. Graber, Class of 1978 Alumnus' work helps break lawyer stereotypes byEvan C.Baranaff, Editor-in-Chief Garry Graber is working hard to disprove some ofthe stereoty pe-s many people have aboul lawyers and he does this best by servi ngas an example. Graber, whose father died whenbe wasyoung, had to work three johsto help support his family and, later, to put himself through school Although he doesn't need to work as many jobs for financial reasons now, he stillkeep just asbusy. Graber. who graduated UB Law in 1978, currently works at thelarge ddwrit town BuI fa lolaw firm ofHodgson, R uss, Andrews, Woods & Goody ear. He handles cases dealing with real estate law. business litigation, bankruptcy law and opportunity thatallowed me tobecomea lawyer," he explained Emphasizing his work at theVolunteers Lawyers Project, he added, "I always thought that doing pro bono legal work was a good way forI aw7ers tog) ye back to the com mum ty for repayment for the opportunities that they've been giv- president. Hesaidheise.specially proud "There's a very large unmet need for legal services in thepoor community corporate law. When he's not at bts office d<twntown, he can be found doing a number of other activines, including working at theVolunteers Lawyers Project, the UB Law Alumni Association, of at UB Law. as an adjunct ptofes- sor. Between his job and his involvement with his other often puts in 7<lhourwork weeks. But he says ■Gralvr a way for me to rep mmunity for the The Volunteers Lawyers Proj t**.tis a not-for-profit organization that helps iJit*. jnHi pfFit ohtjiin fVt*t* ItHril "st^rviiT"**^ from private practitioners. (See relatedstory on Graber alsosaid that theProject helpsi mprove the image lunepagc , "The Volunteers Lawyers Project," he said, "does a worldof goodi n helping to dispel the myth that most lawyers areabunchof self-centered, money-grubbing, mean-spirited individuals." So: GRAlib R ; mpagc9 Group Spotlight:Asian AmericanLaw StudentsAssociation Social group raises awareness of issues affecting Asians by Sam Chi, Features Editor TheAsi an Am ericanLawStudent' s Association (AALSA) is describedby its members as a good way for law students from diversecultures to meet and get to know each other. The group, whichhasabout 40 members, is predominately Asian-Americans, but does havemany non-Asiansand foreign students as members. The group aims to raise awareness of issues thu. affect theAsian community. AALSAPresident JeanBrenner, 3L said that AALSA is a way for diverse people to get together and share each other'sculture within thegroupand then withothers outside the group. "Even among themselves, Asians are so different," Brenner said. "Taiwanese aren't the same as Indians, Koreans, or Japanese. The group is not so much about getting to know about your own culturebutabout getting to know the others' wi thinthegroup, and thenextending that knowledge beyond." Brenner and other members emphatically expressedthatthegroup wanted people frommany differentcultures to join. "I don't want it to be an insular group," Brenner said. She added that it isacomfortable environmentfor helping students not feel lost in their studies. Vice President Shelly Chao, 2L, AALSA VicePresidentShelley Chao added that, "It's a social organization for Asian students, but is open to all students, any students." The group often hosts i nformaldinners. The dinners are well attendby both the group's membersandmembersof the UB Law faculty. Chao described the group as, "a home away from home." Besides the social aspect, Chao said that a goal for the group is to raise awareness of the issues that affect Asians. She said that the group sent its membersinformation about the case of the Asian sergeant suing the Marine Corps for discrimination and informationabout the use of thecultural defense argument. To help its members academical- ly, the group maintains an outline bank and works withother groups to sponsor how-to exam writing and case briefing sessions. The group plans to holda food drive for theBuffaloAsian Community between Thanksgiving and Christmas. Nextsemester, AALSA is sponsoring a lecture by NYU Law Professor Upham, an expert on AsianLaw. Plans are in theworks for a newsletter for the entire law school and writing a guide on how to survivelaw school.Further, group members are encouraged to be a part of the admissions process and encourage more Asians to come to UB Law. AALSA members say that the group'sfunctions havehelped them. Chao said being in the group has made her more confident and thatshehasgotten to know people better. "Going to classes you don't always get to know people," Chao said. Second-year law student Sada Manickam said that, duringhis first year, AALSA "exposed me to older students who provided me with insights about law school." Brenner added that sort of interaction was very important, "There aren't any catalogs that explain UB Law to the students, especially first years. So much is just learned by happenstance. Elements are learned from talking to older students." Bill Farley, 3L, said being a memberallowed him to meet lots ofpeople he wouldn't have met otherwise. He said that thegroupfosters connections within thestudent body, adding that he has met several first-years. First-year law student Flora Chan specifically looked for an Asian American group whenshefirst came to ÜBLaw. Chan said thatshe is interested instarting aprogram that brings studentsand members of the community together. Chao said that she joined because the town was unfamiliar to her and she wanted to talk to people and make connections. Second-year law student Harriet Menezes, whodescribed herselfasa very active member, said that the group made her feel more at ease during herfirst year. She saidJhat the informal dinners and activities allowed her to get to know her professors better. Menezesfeels that the group's meetings are very substantive and are not just ideological posturing. Menezes said that she was amazed to findhow similar culturesare. She said that women studying law from all the cultures have feminist ideals and are interested in changing theirsociety. She echoedthe sentiment that the group, "is a forumfor exchanging new ideas, about the pacific rim." She said she is happy SccAALSA onpageS �THE OPINION 8 FEATURES The Roaming Photographer November 16, 1994 Stream of Unconsciousness By Sam Chi FeaturesEditor My Modest Proposal by John Gasper, Photo Editor This week's question is. .. What's your favorite stressreliever? Bob O'Brian, 2L " What you 'd expect. " bad news never ends, and no one evei seems to beable to do anything aboui it. But never fear, I have the cure to society'sworst dreadedscourge,the use of animals in medical and consumer product testing. While I'm at it, I'll even fix the us, though not as important,probof homelessness and prison overcrowding. Everyone seems to agree homelessness and prison overcrowding are serious problems; i t is conservatively estimated that there are more thanamillionhomeless people and at least as many prison inmates. But not everyone agrees that the use ofanimals in medicaland consumer product testing is the single most sing problem facing society. But it is. It's more important than slicedbread, more relevant than television, able to leap tallbuildings in a single bound. It's a bird, it's a plane, it's super-issue...really. At one extreme endof the spectrum there is the small, exceedingly vocal part of the population that feels all scientific experimentation with animals should be banned. They march and chant, twist and shout, sing Beatles tunes, and demand that researchbe done in test tubes and computer simulations. On the other side are re- tire, and go canoeing before they gel shipped off to the various labs and universities across the country. No additional taxes will be necessary to fund it; all ofthemoney that currently funds the state and Federal penal systems will be funnelled into this ernment officials whothink animal tical because they are prudish and can not accept this solution on moral 'rounds; or, they have what they beieve to be abetter solution. Okay, rere may be other solutions, but they won't have thesimplicityanddirectess of mine. Besides, they will be » Inonefell swoopmy plan would cure society's most recalcitrant problem. No longer would we have to acrifice animals in our quest for cientific knowledge. No longer would we have lab rats, we'd have ab cons. Okay, perhaps this might ot sit well with some members ot le scientific community who have >rown attached to their rats. Those bsolute purists who feel they must se rats canjust use informants. Myplan wouldresolve the derate onanimal experimentationonce ndforall. Thinkofallthefreetime iese protestors would have if no one tad to fight against vivisection? ■uther, it would speed the development of safe, marketable drugs for le public consumpti on; i t would no onger be necessary to be careful and est things on animals and then undergo human clinical trials. f Dave Blackmon, 2L "Ihonestly don't have time torelieve stress. Wrestling with my kids I suppose." John Crowe, 2L "A big mug of cold beer on Thursday night with My plan would resolve the debate on animal experimentation once and for all. Seinfeld." Scott Rosenberg, 2L "Anythingcompletely unrelatedto law." experimentation is really cool and feel they must test anything and everything on animals. Between these two extremes is where the majority ofpopular opinionlies. To varying degrees, people either believe that animal experimentation is a necessary evil; or they, like me, really don't care, so long as there are useful medicines andsafe consumer products. Seeing how I haven'ttaken aside, I am most triumphantly qualifiedto propose an unbiasedsolution. My proposition is simple: we use animals to test medid consumer products; instead, c homeless people and prison es. Not only would this plan save animals from all of the cruel forms of medical experimentation or consumer product testing it would cure homelessnessand prison overcrowding as a by-product. First, we gatherall ofthehomelessand prisoners, andstick them in, Br Eiger Eric Carr, 2L "SuperNintendo!" like, summer camps. Everybody knows thatprisons are just like summer camps and country clubs. The fact that you're a captive anddenied yourfreedom kindofstinks, but hey, what can you do? They can hang out proved the supenorityofmyplan without adoubt, I believe that tics who disap- to implement, suppose the Federal Governent could try and establish stiffer >enal tiesfor deliberateanimalabase ndbetterenforce existing rules, but s that the real problem? Although here may be legitimate abuses, I ust and hope that scientists value ife and learning about it as much as veryone else does. The better anwer may be that theanimal testers nd the hard-core animalxpeimentation abolitionists should compromise andcometo some working agreement. The abolitionist-activists have to allow some testing. Computers andlaboratory techniques ust haven't progressed to the point where animal testing is unnecesary. Perhaps theactivists should act s watchdogs to ensure that sciensts never forget that they are reearching to better human lives. As toprison overcrowding and lomelessness, I suppose that the various penal systems can institute better ways to rehabilitate prisoners. They could reduce the number of prisoners in traditional prisons by utilizing more shock incarceration or electronically supervised house arrest. Boot-camp-style shock incarcerationwithits arguably lower recidivism rate and economic advantages boasts higher success rates with teens and young adults. Electronically supervised house arrest would allow small-time, nonviolent offenders to better society whilenever letting them forget that they are guilty of a crime. Better yet, we couldlook and try to correct the underlying causes ofcrime. The private sector and theFederal and State governments could cooperate to fi nd a way to reeducate at-risk youthprisoners, and thehomeless andfind them desirablejobs and functions so that they may once again helpsocietyinsteadofhinderit. Such a coalition could also increase the number of drug and alcohol treatment centers, so that people aren't forced to wait six months for treatment they need now. It'stimetoput money where our mouthis. But, do you really think that activists, politicians and corporate types, will own up to theirresponsibilitiesand do anything? Come on, this is America. It is thenup to us, future lawyers andsociety's future leaders, to doour part as well as encourage and ask others to dotheirs. Itis up to us to be passionate and optimistic about our futureandabout society. But itisalso up to us to realize that some problems are more important than others, that maybe using animals is not that big a deal when human lives are at stake. AALSA, continuedfrompage 7 •'■ ■ Until next time. . that the group can come together. "You see negative racism in so muchof the news, it's refreshing to see that people here don't just focus on racial differences." Maxi neLee, a past AALSA president and graduate of theclass of 1993, said that the group gave her a lot of support during heryears at UB Law and that it was good to see the groupstill going on strong. Lee now works for a large Rochester law firm. Research and writing professor Christine Farley has been involved in AALSA for three years, ever since she was a second-year law student at UB Law. Farley saidshe got involvedbecause she had spent in college. This is the first year she has participated as a faculty member. She said thatparticipating as a faculty member isn'tany different from participating as a student, except that now she sometimes gels to participate with her students. time in Indiawhile she was �November 16, 1994 FEATURES THEOPINION 9 Faculty Profile: Professor Kenneth F.Joyce Professor able to make learning tax law fun by Shelley Chao, Reporter Law students take many classes in their three years at law school. They will read and brief, outline, cram and try to absorb material for their finals, but the material fades from memory as they start the next semester. Unless, of course, they takeTax I withProfessor law.TheCommissionisnowresearchingelder Kenneth Joyce. Students who have taken it know how pork chops and singing gorillas relate to income tax, and they will understand how the omniscient spectre that is taxation takes over theirlife, and hangs around long after they've written the final. Despite how it sounds, this is not at all a bad thing. Joyce received his LL.B. from Boston College in 1961. He thenworked as a law clerk for the State Judicial Court in Massachusetts and later for the Federal District Court in the D. C. Circuit. He says, however, that heknew in his second or thirdyear oflaw school thathe wanted to teach 1aw. Thisled him to an LL.M. at Harvard, wherehis administrative law professor(who wouldbecome a deanat UB) urged him to teach here at ÜB. So, in 1964,whilethe law school was still downtown, Joyce came to Buffalo to teach. Surprisingly, hisfirst years teaching were not in thefield of taxation, but in administrative law, hisconcentration in thefederal courts. The idea to teachthe taxcourse program grew out of discussions withhis colleague, Professor DelCotto. Currently, Joyce teachesTax I, Tax 11,Estateand Gift Taxation, GratuitousTransfers, and a course on Law Reform Through Legislation. The subject of this last class is close to his heart. For thelast 10years, Joyce's researchhas centered almost exclusively on legislative reform. In addition to his teaching duties, heis an executive director of the New York State Law Revision Commission and serves on the New York Estates Powers and Trusts Law/ Surrogate'sCourtProcedureAct(EPTL/SCPA) Legislative Advisory Committee. TheLawRevision Commission researches and makesrecommendations ona variety of topics to the State Legislature. Past projects havedealtwiththeUniform Commercial Code, contempt law, and guardianships of theelderly. During his term, Joyce has seen the recommendations onelder guardianships adopted as abuse and the protection of whistleblowers. Students in Joyce's lawreform classalso get inontheact.The workstudentsdoin project groups goes to fashioning Commission recommendations that may become legislation. The EPTL/SCPA Committee looks into changing state legislation. One of the major changes concerns therights of survivingspouses, who are primarily women. The committee's recommendations to change facially gender-neutral legislation because it had a gender-specific impact were controversial. Joyce said thatbecause theCommittee'swork made some people unhappy, it drew attention to issues that needed to be addressed, thus taking us onestepcloser to necessary reform. The Committee's current project, one year running, involves changes to the New York State Administrative Rules. Change is a constant theme in Joyce's work. In 30years of teaching at UB Law, hehas watched and participated in the evolution of thelaw school'scurriculum. Whenasked how he thought the "new plan" the reworked curriculum to be introduced next year will affect thewayhe teaches law, heremarked "it may change some of the subject matter I teach...[theuseof] 'guided research' may allow us to devotediscussion to more controversial issues of law." For example, in the Estate and Gift Tax course he teaches, the new program mightpush students to learn thebasic concepts by themselves, leaving class time to concentrate on — — areas where his interaction withstudents would be more useful. Teaching classes and working for legislative reform leaves Joyce with little time for otheractivities. He is, however, a football fan -lookfor him at the tailgate parties he runs with his son, Michael, at Rich Stadium. He is also involved in theclassfunctionsandfield trips of the special education students his wifeteaches. He labeled the involvement as a "family operation." Besides coming up with issuesfor theTax Moot Court Competition from discussions in Estateand Gift, Joyce plans to continueteaching in the immediate future. While law revisionis still a great interest, the workis demanding. Joyce is forced to go to New York City at least three days ofevery two weeks on Commission and Committee business. Joyce admits that, given the choice, his first loyalty is to teaching. On a final note, Joyce advised UB Law students that they have three years in law school—avery shorttime to enjoy the luxury of pi ungi ngintoyour studiesand making the study of law a veryindividualized experience. Take advantage ofthis chance to be creative, to "go where no one has gone before." Joyce said that students won't getanother chance to explore law this way again time pressures prevent it after graduation. He said not to "wallow through." If you individualize the experience, law school can teach you an approach to problems that you'll use therest of yourlife. — Opportunities are out there for women's advocacy work by DianeLor encMathers, iReporter While many law students are committed to women's advocacy work, they may only have a nebulous idea of what career options exist. Sage advice saysthat you arebetter off knowing early and being focused about what you want to do. The Career Development Office can be a major resource for ferreting out your options and focusing your career search. Audrey Koscielniak, directorofthe CDO, says that most advocacy work for women is categorized as "public interest" and, therefore, oneshouldbegin her research there. Although the "private sector" may take on similar work, they often do not because "most of these cases are not moneymakers... you fight for these on principle," says Koscielniak. Private firms are in business to make a profit, she explained, and womens' advocacy work will probably not make themrich. When beginning your search, Koscielniak recommends starting with the CDO's various career directories, which are available for student use at any time. The directories list the addresses ofand informationabout various organizations; often they will list hiringinformation. Some arecategorizedby topic, others by geographical location. When researching by topic, first look to theindex to find relevant search words such as Domestic Violence, Employment Discrimination, etc. Do not be myopic. Although there is a heading entitled "Women," realize that women'sadvocacy work can be found under "general" headings, such as Health, Housing, Human Rights, Immigration, Labor, Mental Health, Poverty, Prison, Seniors, Social Service, etc. Once you've found some possible employment leads, Koscielniak offers some advice on how to pursue these leads. With respect to interviews, Koscielniak says that employers want to hire someone personally in front of them "mass mailings" are usually not effective. She recommends gettingout to the area you want to work. It wouldbe worth your while to invest the time, money and effort to do so. Also, "follow-up" is extremely important, she said. When employers consider applicants, Koscielniak explains that, while good grades andLaw Review are important, they are only part ofthe equation. Koscielniak suggested that extra-curricular activities can also be very important. Sincerity can be especially important to prospective employers. Onecannot successfully do a"conjob" onprospective employers, Koscielniak explains. Employers are perceptiveand can distinguish between someone who is "faking it" and someone who is genuinely committed. Applicants show their commitment by participating in programs and activities that directly pertain to their area of interest. Thus, if you are interested in working with battered women, it wouldbea good ideafor you to get involved withthe Domestic Violence Task Force; or, if you are interested in working with women in prison, join thePrisonTaskForce. The Buffalo Public Interest Law Program (BPILP) can also provide excellent experience. The grantwriting skills the group teaches can prove quite valuable in the future. Most "public interest" organizations cannot afford to pay a salary; thus, the lawyer is forced to turn to grants and fellowships for theirincome. It's not easy, but, yes, it can be done. First, you must pinpoint a sponsoring agency you believe in andinvestigate how you can extend theirservices. A former graduate,Katie Serulie, connected with a Minnesota organizationand obtained grant funding to work on a project concerning Volunteer Lawyers Project, — Domestic Violence and Police Response Time. An extremely valuable resource to help you discover available grants is the "Sponsored Programs Service," located at 211 Commons. Itis a free service that wi 11 do a spin search for you using"key words" such as Law, Domestic Violence, Women, etc. Unlike grants, fellowships are more structuredand offer less freedom to pick what it is you wouldlike to do. "It's more like there's a mold that they want someone to fill," says Koscielniak. But be forewarned, fellowships often have very early deadlinesrequiring people to apply for them a year or two in advance so prepare early. Both grants and fellowships require you to have fully researched your project as well as having gained the sponsorship of an agency. But you are not limited to just public interest organizations. You may decide to start your own practice and use grants to support yourself. Taking on cases that pay attorneys fees can help, but the challenge you will face is the "business" aspect ofit. There will bebills to pay, and as statedbefore, these cases are generally not moneymakers. While it can be done, it is difficult to doand is certainly not for everybody. LikeKoscielniak, UB Law Professor Isabel Marcus discourages a myopic view of "Womens' Advocacy Work" and encourages involvementwith existingprojects in order to push existing institutions to develop programs ofconcern to women. For example, there's the Lawyers' Commission for Human Rights, Amnesty International, and civil liberties organizations ofothercountries. Marcus states that the area of International Human Rights is an "emerging field ripe for expanded work." Marcus alsoencourages thecreation ofnew organizations to specifically address womens' issues. continuedfrom page 7 of Domestic Violence), VLP, and after, thefiles are sent back to VLP Domestic Violence Task Force for follow up referrals. VLP points out that the purpose of this project is (DVTF), finds her project to be rean VLP's to reach out to victims of domestic wardingand eye-opener.As coordinator, Pelnik, along with two violence in asettingwhere they would other volunteers from the DVTF, feel more comfortable. Similarly, conducts interviews every Tuesday VLP attempts to empower these evening withtheHaven House womwomenby providing them with legal en to determine how VLP can assist options. them. Elardo said that i t is thecoordi"Women come intotally beatnators' and pro bono lawyers' comen up, they don'tunderstand why the mitment and responsiveness to law is not helping to protect them," projects that "make them happen." explains Pelnik. "We tell them we From client intake to the court proare here to help and that we want to ceedings, these volunteers are refind the best means for handling sponsible for following the cases all their problems." theway through. Pelnik schedules a volunteer "Seeing the practical results attorney to be present at these seshelps build confidence in the volunsions to give free legal advice. Thereteers, even for nitty gritty tasks such as foreclosure," says Zeigler. "At the same time, these volunteers can actually see how theirworkmakes a difference in the clients' lives." There are opportunities for law Graber, studentpracticums and work study at the VLP. Elardo points out that practicums have become increasingly popular because students can receive credit toward graduation. At the same time, according to law graduates like Kennedy, working for VLP is a great way to make contacts with other lawyers in the Buffalo area. continuedfrom page 7 Graber added thatinbis 15 years of practicing, he has found that most 1awy ers are hones t, put theneeds of theirclients first, and don'tmakenearl yas much money as the pub!ic thinks t hey do. "The public takes onton lawyers the frustration they feel about the system as a whole," he said. Just as the Volunteers Lawyers Project is Ins way ofrepay ingtheBuffalo community for his opportUßi ties, Graberrepays UB Law by being active in the ÜBLaw Alumni Association of which he was just elected president, as wellasteachingasanadjunct faculty member. Graber has taught an upper level bankrupcv course, . Bankrupcy Reorganization, sincethe Spring of 1990. "I owe what I am today to UB Law School." he said. "1 want to help itremain a viable andprosperous institution," Graber said UB Lawis good at preparing people academically, but added "life is learned by Itvihgit." Graber, who married his wife, Sharon, in 1990, lives in Orchard Park. He has two children; Robert, 3, and Chelsea, 2. When asked how he'sable to handle his job and activities and still make time for his family, he said, ■"-You riiafry'a very s.uppprt.ive woman.'*. �NEWS November 16, 1994 10 THEOPINION Speaker says starting early is key for a career in sports law BRIEFS SBA appoints law students to student-faculty committees The SBA recently appointed students to positions on a numberof faculty-student committees. Following is a brieflist ofcommitteesand student members: The Academic Policy and Programs Committee considers proposals for changes in theacademicprogramand graduation requirements. Student members are Erich dela Vega, 3L; Kevin Barry, 2Land JeremySchulman, IL. The Academic Standards and Standing Committee acts on petitions from students for readmission or waiver of Law School academic rules. Student members are Rosemary Ryan, 2L;Kirn Babat, 1Land David Leone, IL. TheAdmissions Committee primarily reviews applications for admission to the law school. Student members are Sandy Fasili, 2L; BrianMelber, 2L; Linda Harradine, lLand Jim Gerlach, IL. The Appointments Committee screens candidates for faculty positions, arranges visits, assists in interviews and makes recommendations to the full faculty. Student members are Bill Farley, 3L and Nelson Mar, IL. The Budget and Program Review Committee reviews the nonpersonnel part of theLaw School budget and makesrecommendations to the dean on expenditure plans, especially in regard to student organizations andprograms. Student members are Arthur Posluszny, 3L; Brian Cleary, 2L andScan Shannon, IL. The Code ofConductCommittee is charged withwritinga code ofconduct for thelaw school. Student members are JudeUsura, lLand Kevin Mahoney, 3L. TheFaculty-StudentRelations Board (FSRB) acts on student disciplinary matters and student grievancesagainst other students, both as an investigatorybody and as a tribunal if necessary. Studentmembers areßosannaßerardi, IL; JonathanChui, IL and Prudence Fung, IL. The Law Library Committee advises the Director of theLaw Library on mattersof importance to studentsand faculty regarding our library. There is one student slot still open. The Law School Planning Committee considers long-range issues in academic and other programs of the Law School. Student members are Stuart Graham, 3L and Kimberly Schwinge, 1L The MitchellLecture Committeearranges theannual Mitchell Lecture. It also dispenses funds of Mitchell fellows, distinguished visitors who visit and meet informally with faculty and students. MercedesLindao, IL is the sole student member. The Special Needs Committee examines the learning and access of students who are prevented from fully participating in their legal education because of unique learning or physical disabilities. Elizabeth Wjasow, 2LandAudrea Finlay, 2L are thestudent members. The Special Programs Committeereviews the applications of students entering under the special admissions program. Student members are Heather Gresham, 3L and Dawn Harris, 2L. Law students return from Poland The 10 UB Law studentswho participated in the first part of the joint international exchange program withlaw students at Jagiellonian University returned to WesternNew York two weeksago with Professors IsabelMarcus and Virginia Leary, who had accompanied them on the trip. Leary describedthe program as a "wonderful tripand opportunity," due to the fact that the students spent most of theirtime with each other, making for a good "cultural exchange." The participants will keep in contact viaE-mail while working onajoint project on minority rights in Europe and theU.S. until April, whenthePolish students will come to Buffalo. Stress managementseminar offered Exams! Papers! Classes! Stress! It is that time oftheyear again. The workload and expectations increase and there seems to be lessand less time in the day. Then there are holidays to worry about. All these things and normal everydayproblems combine to make this one ofthe most stressful times of the year. This month the Office of Student Life gives you thechance to make lifeeasier withtheirStress Management session on Wednesday, Dec.7at noon. The workshop will help you identify sources of stress and suggest some alternatives to reduce that stress, including basic relaxation methods. To enroll in the free workshop, contact the office at Suite 150, Student Union or call 645-6125. by Michael Chase, Reporter Don t wait to start doing what you want to dowith your law degree, advised a local sports lawyer. Mike Gentile, a lawyer working for the University ofBuffaloAthletic Department, spoke to about 30 studentsabouthis five-year career i n sports law. The lecture, which was sponsoredby theEntertainment and Sports Law Society, was held on Tuesday, Nov. 1, at 7 p.m. in room "Ifyou love sports and you want to incorporate that with being an start now," said Gentile. Erney, Gentile earned his law degree Mike Gentile, localsports lawyer Although they didn't take me up on that offer, they came pretty damn close," Gentile remembered. He now works as Director ol Compliance,El- (oter dtoworkfornothing. n Cleveland-Marshall Collegeol Law in 1980,andhopped from jobto job without gaining much satisfaction from any one of them. One ot thosepositions was as law disports rector for the of City you wantto Sandusky, incorporate Ohio. "The an attorney, work was better, but you're start "Ifyou love and that with being rjbilityandStuent Services for His chief duty is to interpret the NCAA regulations and ÜB. now" Mike Gentile — cials and politicians, and that was pretty miserable. So I said, this is just not for me. What can I do that's going to take advantage of thislaw degree? What do I really like to do?" Gentile went back to school and received his masters degree in sportsadministrationfromKent State University in 1990. "After a long time searching for an athletic job, I got this one at Buffalo. The way I got it was that I Economics, coachesand student athletes adhere to those rules. He reports to the Director ofAthletics. "When you dealwith amateur rts, you're involved with the aras of liability for facilities and emloyees, constitutional issues such s due process, insurance i ssues, em )loyment contracts, and you deal with administrative bodies like the CAA If you come out [of law chool] and you want to work in amateur sports, thenyou have to train Ictly - ... in these areas. "Ifyou are interested as sports as a business, thenyou probably belong in professional sports. If you like sports as an activity, then you belong in amateur sports," said Gentile. UB moved up to become a Division I-AA school in 1991,which adds to Gentile's responsibilities. He currently monitorsall aspects of the university's athletic program from the giving of athletic scholarships to the number of men's and women's sports sponsored. Recent attention to theissues of drugtesting ofathletesand genderequity creates the challenges that keep Gentile excited about this relatively litigation-freejob. "Part of being an attorney is to avoid a confrontation or a conflict to counsel. Here, you know why you're doing it. There's a result every Saturday out there on thefootball field. If you try a case and you win it, thirty days later there's an - appeal." Gentile left the students with his best piece of advice: no matter what you do in the law, "make sure it's funfor you." Andrew Freedman, president oftheEntertainmentand SportsLaw Society said, "I was happy with the turnout. I was happy wi ththe lecture. I'm glad we can present these lectures to interested students." TheSociety's next speaker will be Leslie Greenbaum, an attorney practicing in art and entertainment law. Hewill speakWednesday, Nov. 16,at 7p.m. in Room 210. Areception i nthe Student Lounge will begin at 6:30. continuedfrompageone thatis currently available. As things now standthere is no "master list" of classroom use on the Amherst campus. The conversation turnedfrom the immediatenext few months to the long term future of the law school. Sullivan reiterated that the university is "committed to meeting the needs of the law school." He expressed his hope thatthe move ofthe Economics Department will "suffice" for now, but if additional space is required, theuniversity "administrationis open and ready to listen." The long-term needs ofO' Bri an and the 1aw school are a complexproblem. The building is in needof major renovations, but these cannot be undertaken without addressing theasbestos issue. O'Brian, thefirst building constructed on theAmherst campus, is fullofasbestos. According to Sullivan, the renovation of the building will be a major project for the university. Ithas not yet been determinedif theasbestos abatement can be done on a floor by floorbasis during the summer or if the building will have to be closed for a longerperiod of time and theasbestos removed. In conjunction with this renovation, the decision will be made whether UB Law will be relocated into a newly-constructedbuilding or kept inarevampedO'Bri an Hall. Theanswerwill have to wait until the entirenorth campus is "re-visited" to determine the long-range construction plans ofthe university. One factor that may influence the decision is the university's commitment to consolidate the Social Sciences into one building. Social Sciences may be located in a new building or into a renovated O'Brian Hall. The next building scheduledfor construction on the northcampus is theStudent Services building. This building will consolidateall student services, i.e.registration, support services, career placement, student advising, for both campuses. The building is currently inthe design process, and constructionmay begin next year. Student-Alumni mixer W* I O.S D»p»ir7»«nta* lirmcimn "Quote" of the Week " What happened in my generation is happening to yours, and you don't even know it. ... Nowhere is it written in stone that the First Amendment will survive." - - Frank Wilkinson, warning that the government is still trying toprevent lawfulpolitical dissentagainst itself More than 50 law studentsand UBLaw alumni schmoozed Thursday, Nov. 3, at Garcia's Irish Pub. Shown above (I to r): Ben Dwyer, 2L, • Sandy Fazilli, 2L, GilMichel-Garcia, IL, Rosanna Berardi, 1L.Lynn Wolfgang, lL,JohnFederice, 2L,Lesa Maslanka, 2L, and Maria Rosciglione. The student-alumnimixer was co-sponsored by the SBA and the ÜBLawAlumniAssociation. DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Nicholas Esposito. killed Oct. 13. 1989 at B:2spm. Next time your friend insists on driving drunk, do whateverit takes to stop him. Because if he kills innocent people, how will you iive with yourself �TftEOPINION November 16,1994 Christian Legal Society, religious activities or exercises. When asked for examples of these activities, Larson said that suchactivities would include prayer meetings and bible studies. "I think it's impossible and disingenuous to state that they'll use funds for secularpurposes in light of theirConstitution, bylaws andstatementoffaith," saidDavid Nemeroff, who spoke against CLS recognition and funding. Jim Farnsworth, president of the CLS, said that the society was planning several events that he characterized as secular inpurpose such as a joint debatewith theLGBLS on the subject of homosexuality and a series of lectures including possible speakers such as former New York Supreme Court Justice Walter Ostrowski, Rep. John La Falce, and pro-life activists Revs. Paul and Robert Schenck. He said thatamong the topics to be discussed will be feminism, theFirst Amendment, abortion, and the jurisprudence of punishment. During the meeting, first-year Class Director Veronica Rodriguez pointed to several clauses in the CLS bylaws which she said indicated the pervasively religious purpose of the organization. Article II of the bylaws states that the purposes ofthe chapter include the "spiritual growth ofstudents and the lawschool who identify themselves as followers of JesusChrist To To proclaim Jesus as Lord through all that we do encourage Christian law students to view law as a ministry." The document, however, goes on to state other purposes such as: "To develop a vision among law school students for the promotion of justice,religious liberty andreconciliation .Toprovide a forum for thediscussion ofproblems relating to Christianityand the law... To develop a concern among law school students for the legal needs of the poor and needy, churchesand other charitable organizations." Rodriguez said after the meeting that her opposition to recogni tion and funding of the CLScentered on therequirement thatvoting members sign the statement of faith. "All organizations funded by theSBA shouldbe open to every law student without regard to religious belief." she said. While opponents focused on the possible discriminatory effectsof the statement offaith on non-believers, proponents . ... . . First Floor Lounge. _____ — I 1994DesmondMootCourta)mpeationResults First Place: John Bolton <fc Jeff Calabre.se Finalists: Carolyn Pratt & Bridget Cawley . Quarter-Finalists: - || ~, , 5:00 p.m. Black Law Students Association Meeting: 108. Jennifer Sommers & Darci Hoff - Viktoria Makarevich & Brian Melber Jennifer Lyons &MicheleOwdienko Bcstorators: #1 Dae Hof U2 Mark Somers #3 Jim Bargnesi #4 Viktoria Makarevich #5 Carolyn Pratt _.. •j- ... ~ ,■ . . WEDNESDAY. NOVEMBER 30 , Wolier,ll& Larry ~, ~ „„„Christine ~ Keller - , , ' .'iam. i/ooafoh. -itt I'fymt'rereading this,-thank yon. ■ t . . 81/2 Thur inur.aio.Ki at 6-15 ■■■ «i *■■■ , -|yT ' ' —. ■■■■—,«» ■■■■ ■ . We stilllow yon Satan! — Frenchv , ■ „„ Jennie-hvan ,Iloveyou ~'~ ~ / love yon too Jennie -annonvmous t ~lull ,... ana have aheer N.X.i KigO. tvltere's theAAJ.SA jJioto'Oops. . , boys .._ ry ___ « T JMCXt ISSUCI JJeC. /', , I Submission Deadline: Dec. 2. i g A llla Will L»C UUI Ut»l ISSUC Ul | | the SemeStei*^' . 9:00 & 2 00 4:00 N Second Year Schedules: Second years; drop f by A&R to pick up your schedule cards. Tothe ILB-BallTeam: Wav to bouncethehalt, ' ■ tlai'itv Hirthdm.'Lisa' thm-old arc yon now: ■ -theanriiyutlrtshmeitt Manhattan Wed. at 6:30 p.m. Speed W, Th, F at 9:00 p.m. and Fat 6:30p.m. This is Spinal Tap „ L„ n_~ ».„. JtiaVe 3 napDV ** " T'X+n-nArcnl t'r%<* ft 1 nanKSglVing J | ——.——————■■— (UmgraMlattonsSttavnH l)emlieadr«k,Hest*,shesforax,>cc,Krecover cd* _.>■... r trenchy, Ithought itowrand your argumentsatisfies mvqtu-sttan.-ue . - v,, #3 #4 Carolyn Pratt & Bridget Cawley #5 Jennifer Lyons & Michele Owdienko ~ . UUAB Films: The following films will be shown in the Student Union Theater (201 SU) between November 16 and 18. Prices are $2.00 w/UB I.D. and $3.50 general admission. Friatll'3opm 3:30 pm CDO Summer Job Presentation: This presentation is geared t0 IL's and will be held in room 106. #1 Jennifer Sommers & Darci Hoff #2 JohnBolton & Jeffrey Calabrese u~ - . FYI TUESDAY. NOVEMBER 29 David Nemeroff& Paul Beyer Best Brief: Room 9:00 a.m. Noon & 2:00 p.m. 4:00 p.m. _. „. „ „. , First Year Registration: First year students shou d s ' make sure to turn in their registration materials to A&R by close of business today. ~ 3:30 p.m. CDO Studying and Working Abroad Presentation: Lidwyn Brokx will give a presentation 0 n studying and working abroad. Buffalo law students who studied abroad this past summer will also be available for discussion. Refresments will follow, compliments of the International Law Society. Everyone is welcome. - 9:00 a.m. Noon & 2:00 p.m. 4:00 p.m. Second Year Registration: Second year students must turn in their registration materials by close of business today inorder to pre-register. Make sure you have a zero balance or credit with Student Accounts by Monday, November 21. MONDAY. NOVEMBER 21 William Gargan & Melissa Fingui „, „,, „ , ° II„ Christine Keller & Larry Wollert, Semi-Finalists: said thatrefusal to fund the CLS would constitute discriminaright of the CLS to use classrooms and facilities at the law tion against religious organizations. Larson said that while he school; his sole concern was that funding theCLS violates the agrees that the SBA is under no obligation to fund the CLS, Establishment Clause. Kitson said that the resolution of the CLS issue was a "once you start funding any political or ideological groups, any exclusions must be content-neutral." If some groups are sensible balance of the constitutional issues involved. "I'm excluded because of the beliefs they hold, the SBA would, in glad to see thatthe SBA handled it in a dignified manner, unlike effect, be oppressing thespeech of the excludedgroups, he said. last year's board." Prior to themeeting, third-year ClassDirectorRob Xi tson Farisi said thathe disagreed withthe action taken by the wrote and distributed a memorandum disputing this view. He SBA, but he couldn't do anything about it. "I have to abide with stated in the memo that the same amendmentthat protects the what theboard decided. I stand behind theboard in making this decision," he said. individual CLSmembers'practiceoftheirreligion also prohibits theSBA from funding purely religious speech. However, the Xi tson memorandumalso statedthatrecogAdditionalfunding for ELS approved nition and funding of theCLS would not, on its face, violate the In other actions, the SBA unaminously voted, with one EstablishmentClause and recommended that the SBAvote to abstention, to grant the Entertainment Law Society $300 for their general budget and $200 for their lecture line. The ELS recognize and fund the society. Nemeroff later took exception to this view, stating that was previously granted $250 for start upfunds. "the Founding Fathers recognized the importanceof separation A friendly amendment by Macado to grant the society of church and state and entrenched it in the Establishment additional funds so it wouldn't have to return for additional Clause. Thepurpose ofthe EstablishmentClauseis to prevent funding was withdrawnafterJewett expressed concern that the government from advancing religion." amendment may have an adverse effect onother organizations Farnsworth said that, in his view, the government should coming before it for funding. neither promote nor hinder religious expression; however, discrimination against a student groupbecause ofitsreligious Funding for Wine/ Cheese Reception Approved The SBAalso voted to allocate $200 for a wineand cheese nature would constitute hinderance of religious expression. reception which was held at theCenter for theArts on Nov. 9. There was also disagreement over the effect that SBA Before thevote, Stroud voicedconcern over that too much control over theCLS budget wouldhave. In his memorandum, emphasis was being placed on the availability of alcohol at Kitson expressed confidence that the SBA budget committee SBA functions. She said that with the issue of alcoholism could exercise discretion over whether to fund a particular amongattorneys becoming more prominent, theSßAshouldn't event or to disallow funding due to an impermissible religious be i n the position of constantly encouraging students to drink. focus. She said that shedidn't mean that no alcohol shouldbe served Nemeroff begged to differ. "The SBA will now be at these functions, but that the SBA should tone down the required to regulate the CLS," he said, "That type of entangleemphasis on alcohol when they publicize the functions. ment is what the Establishment Clause was designed to prevent." Austin said that the SBA was encouraging designated Nemeroff stressed that his goal was not to suppress the drivers at thefunctions wherealcohol was servedand that it was speech ofthe CLS in any way. He saidhe fully supported the trying to assume a responsible role. THURSDAY. NOVEMBER 17 4:00 p.m. First Amendment Debate: A debate on the free speech rights of anti-abortion protestors, featuring Professor Lucinda Finley and David Jay, Director for the New York Civil Liberties Union. Refreshments to be served afterwards. Room 108. Sponsored by The Federalist Society. 7:00 p.m. continuedfrom page one Entertainment Law Speaker: Leslie Greenbaum, an attorney practicing in art and entertainment law, will speak in Room 210. A reception in the student lounge will begin at 6:30 p.m. Sponsored by the Entertainment and Sports Law Society. WEDNESDAY. NOVEMBER 16 3:30 p.m. International Law Society Meeting: 11 """ f" _ , t ""leastSatmlmvsnu- It's < a.m. again. Wlum/iie' . ———————— p..,, r //„„,,.,,,. ,M 5:,,,. V •-/*•' t\...,i.. th,> ,>a Ones At ..> >er stuki. o, » hat • „ tpersonals tn box rnrrirrrt m l. -i nt t are FREE!!! Personals Place your UlO and ne * ' it. mightprint | J �THEOPINION 12 November 16,1994 WE MUST BE DOING SOMETHING This semester, more than anytime in recent history, there is a proliferation by other bar review courses of "BAR/BRI Bashing." BAR/BRI is the overwhelming choice of New York bar candidates. (Last summer more than 5,600 of the 7,700 students who sat for the New York bar exam chose BAR/BRI.) We have become the #1 course by promising a lot and delivering more. Make an informed decision. Investigate. Self-serving "BAR/BRI Bashing" is not based on fact. Ask students who took our course. They will tell you... / m h£ m, m jgr/S- ** W ** Iff / We Must Be Doing Something Right � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/13766c27cfe150d5f91319559b10872e.pdf 3ff8e1348df7398fd27340d4765dc2e8 PDF Text Text I I 1 What \sgoing on with O 'Brian Hall's basementproblem ? See story on page 3. J I I J EDITORIAL Grades are in: Spin the wheel! Seepages. I I FEATURES Coping with the stress offinals. Feature column on page 7. Bringing Iheissues to thestudentssince 1949 THE OPINION Volume 35, No. 7 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOLOF LAW December 7,1994 Sheffer appointed to Pataki's transition team by PeterZummo,.Managing Editor UBLaw Professor JohnB. Sheffer II has been appointed to Governor-elect George Pataki's transitionteam. Sheffer accepted the position, saying "it is clear thatthe Governor elect wants the transition team to play a role in policy formation" and not just "deal with matters of patronage and appointments." Theteam met for the first timelast Friday NewYork in City. More than 200 members of the team gatheredto organize themselvesand to hearcomments from Pataki, theLieutenant- Governor -elect Betsy McCaughey and Attorney-General elect Dennis Vacco. After the introductory comments, the 200 team members organized into 10distinct committees, based on substantive policy areas. Sheffer was assigned to the Committee on Education and Higher Education. At the committeelevel, themembersdecidedto form two unofficial sub committees, one onprimary and secondary education, and another focusing on Law professor John B. Sheffer II higher education. Sheffer will serve on the Higher Education Committee, which will meet again on Friday in New York City. A report from thecommitteeis dueby the thirdweekofDecember. Saying that he "very muchrespects and applauds therather comprehensive transitioneffort that Governor-elect Pataki is taking," Shefferlamented thelack of time that the team will have to work on they reports. "The time frame is clearly a handicap [but] that is the nature of transition teams." The short time period will allow the committees: "to raise the important policy questions involved inthat particular area ofthe government; what the new administration should focus on as they take office." Sheffer was pleased withthe make upof the team, saying that Pataki had appointed " a large and diverse group ofpeople, both Democrats and Republicans" to the team. The higher educationsub-committeeis made upof representatives from SUNY,CUNY, thecommunity colleges , independent universities, and representatives of the business sector. Saying SUNY must be "represented aggressively," Sheffer commented thatmany of the same tensions that exist in education politics will be grappledwithby thecommittee. While this "reflects the practical situation that is there," Sheffer hoped that a common ground of agreement could be found for the different sectors. After only one meeting, the exact policy areas that thecommitteewill focus onhave not yet been completely established. One of the policy outcomes thatSheffer wouldliketo see come from thecommittee is a realization that SUNY should be "viewed as a part of the solution, rather than a part of the problem." Sheffer would like to see SUNY's role in the state government increased, especially in furnishing consulting services to the state. "Better use ofthe State University by the state" is "part of the way to implement change and govern more effectively." Asked if hisrole on the transition team signals a return to public li fe, Shefferresponded that while he was "honored to be asked to become a part ofthe transitionteam, he made the decision to leave state government a year ago, and I am committed to the university for the foreseeable future." SeeSHEFFEßonpage6 Reduced numberof First Amendment debate: public interest internships Professor Finley, NYCLU lawyer address to students free speech rights ofanti-abortion protestors to be offered New* Editor w by Reporter Finley began by ;..- -' :a<i>w»l. As a resu crease in funding, theBuffaioPubhc Interest Law Project will only be able to fund between four andseven 1 nterns this summer, a decrease from last summer's 1? 10-week internships. According to Helen Punders, co-di rector of BPILP, the decrease in available funds is due to a decrease in studentand faculty pledging duringlast year's spring pledge driveas well as adeclinein money contributed by the Interest onLawyers Account fund (IOLA). LOLA money comes from interest accrued on the retainers and funds lawyers receive from their clients The ac- crued interest is dispersed to public interest groups throughout New York, including BPILP The lOLA fund follows interest rates; as a result.thedropininterest rates resulted in less money being available- for dispersal Punders said that BPILP hopes to make uptheshortfall inthis spring's pledge drive. Aspartoftheefforttobrmgin more funds, BPILP plans to change thethemeof thisyear'spledgednve. Fot last year's pledge drive, students, faculty and staff were asked to donate the equivalent of a day's pay. More students (about 30 percent) thanfaculty and staff (20 percent) pledged, a result Punders de- scribed as "interesting," BPJLP found thescheme wasn'tworkable. This year's drive will focuson public interest workasacommunityresponsetoacomrßunity problem and ill encourage everyone to con- tnhute something. Punders said lawyers and future lawyers .should contribute to public interest funding because public interest work tsavital part of the legal system which makes the system accessible to those who can't afford to hi te attorneys themselves. Punders added that everyone can afford to give something and that even the poorest law student can contribute ifs/he"thinksabout what's important" and considers cutting some non-essentials like popc<>rnatthemovte>oreatingout all the time. There are "huge, unmet needs" in the community, Punders explained."Everyonecan make a difference" by contnbuti ng what they tan. While BPILP has no control over the lOLA funding, it can help to make upany shortfalls by encouraging students, faculty and stall to help fund public interest work. This spring's pledge drive, whose slogan will be "There is no justice without equal access," is set to be held from Feb. 20-24. As in past years, a $35 donation entitles the contributor to a BPILP Tshirt. The money raised will bo used tofund in ternships for ihesimimerof 1996. Past internships have dealt with topics such as domestic violence, abused children and the homeless und have placed interns in Organizations such as NeighborboodLegal Services and the Juvenile Liw Center Steven Dietz, clinic surroundedby protestors. They assume you are therefor anabortion and begin to scream things like "Don't kill | your baby." They stand First uncomfortably close to youandwave placards and leaflets in women?" yourface. Do you have a right to be left alone? Or is theright of the protesters to express their opinion para- thedebate defending the injunctions. She opened by stating that it is now conceded by all parties that protesters do not have the right to block access ofhealthfacilities that provide abortions. Does She also give said that the courts haveupheld buffer 1 "The real issue is: the A mendment people therightto harrass andspecifically harm zones around thesefacilities, which she analogized to the 100-footzones around polling places where candidates are prohibitedfrom campaign- —ProfessorFinley mount? That was the focus of a debate betweenUBLaw Professor Lucinda . Finley and David Jay of the New York Civil Liberties Union. About 40people attended the Nov. 16 debate, which was sponsored by the Federalist Society The debatefocusedonlastsummer's Supreme Court decision in Madsen v. Women'sHealth Center. Inc.. which upheld portions of an injunctionobtainedagainst anti-abortionprotestors demonstrating in front of an abortion clinic. Finley represented a local health clinic which obtained an injunction against anti-abortion protesters in 1990,certain provisions of which were overturned in September by the Second Circuit of the United States Court of Appeals. I The disputed provisions ofthe in junctioncentered aroundthe prac- tice of "sidewalk counseling" in which she said protesters surround people attempting to enter the facility, in an attempt to dissuade them from having an abortion. Finley described an incident when a woman who had a high-risk pregnancyandwhohadbegun to bleed wanted to enter the facility and was confrontedby protesters. "She thought she was going to have a miscarriageright on the sidewalk," Finley said. The pregnantwoman had to be taken to the emergency room by the police. This incident increased the medical risk of a woman who was happily pregnant and didnot want an abortion, shesaid. Finley also described an incident in which a protester accidently knocked her down while she was SeeDERA TEonpage6 NYCLU lawyerDavid Jay (I) andProfessor Lucinda Finley (r) debated the rights ofanti-abortionprotestors Nov. 16 in room 108. �December 7,1994 THEOPINION 2 Pieper People Pass!!! / / | Come and see what . everybody's talking gVinnffYY \\ ~ ] / J I THTi / / \^ V J yV \& $ Don't be left out of the conversation!!! /You passed too? That's great!J I I couldn't have prepared any \ better!!! I'm glad I switched to Pieper!!! / pass the NY Bar \ I better send in my $150 \ deposit to receive those great looking Textbooks r and Appellate Alert Digest!/ Aj&¥ "^N / Every attorney I've \ / ever met said i \ must take Pieper to / ) \ JEj V Jfc S \ V 1#% J J (of oourae r , passed | I took PIEPER I couldn't have done it without them! I Find owf why everyone's talking about PIEPER BAR REVIEW!!! THE NY-MULTISTAIE BAR REVIEW COURSE CALL 1-800-635-6569 �December 7, 1994 SBA Meeting: CLS's budget increased to fund upcoming forum \hy Steeen Dictz, Reporter At its Nov. 3.5 meeting, the Studentßar Association, having already granteds2oo to the ChristianLegal Society, granted an additional $?50 to fund an upcoming forum on the role of women in Christianity. The forum, which may beco-sponsored CLS, by the Gay.Lesbian andBisexual Legal Society, Circles and'of the Domestic VioI ence Task Force, Ls tentatively scheduledfor late January. "AYe hope to use this forum to educate and inform the university community on the status oftherights of women in the Christian community."said Cf S Vice-President Erik Larson. I aiwm said thatthe forumarose out of an incident when the CLS put up an antiabortion display in front of the law school library andacoalition i >f several other student organizations put up signs nearby alleging that Chrisuan churches have oppressed women for centuries. He sai dhe thought that it; would make a wonderful topic for a forum The amount the ( a order to bring its speaker to UB caused some controversy. The speaker the CLS contacted. John Rankin, would have to come in from Hartford, Connecticut and de.mandedassoo honorarium, pi u>s2s<ifortravelingcxpenses. SBA Treasurer Elizabeth Jewett said that the fee was too high. :i s before," "J saw Larson replied. "The guy's just fantastic." He said that he would work withthe speaker L*e. to try to get him to red A motion to grant the CLS $350for the forum passedby a 9-4-3 vote. In o'her actions L.A.T.I.S. recognized The SBAalsovoted 14-0-2to recognize and fund the Law and Technology Issues Society. Dunngthe meeting, Crai g H urtey-Lesl ie saidhe co-foundedL.AXI.S. thissemester to locus on issues that arise from the use ofnew technology suchas intellectual property, tax cases, copyright law. trademarks, lab technology, and computer law. The group also planstofocusonihetmpactof technology on the practice of Jaw. Hurley-Leslie came to the meeting armed with the name of a faculty advisor, a statement ofpurpose, a list of planned activities, a preliminary budget, and a Constitution. Among the planned activities were a series of speakers, a roundtable discussion scries, mixers, networking activities, anaccess outreach week to encourage student groups to use new technologies, n UB Law InfoOn-Lme Project toenablestudentsto log onandgetinformattondbout the law school, publishing a guide in using the internet, and an a legal and ethical issues symposium. The SBA voted to grant $600 to L.A.TI.S. ILS Grantedan Additional $40ft The SBA voted 16-1 to grant an additional $400 to the International Law Society Earlier this year, the society was granted $251) for start-up costs. The society was requesting an additional $#st>. Brian Cleary of the ILS requested the additional funding to helpofganLze a series of planned activities, including hosting a regional conference in the spring, a series of speakers and an international student exchangeprogram. SR\EndorsesAnmialCnnaTiil\>Scy The SBA voted 12-0-4 to endorse a proposal for policy on non-lethal control of wildlife. Robert H. Smith of the Ad-Hoc Pigeon Comi ttee and theStudentsofLawforAnimal Rights summarized the purpose of thepolicy forthe SBA, which woul dprevent the useof See SBA MEETINGpaged NEWS THE OPINION 3 SBA, law deans working to improve safety of O'Brian Hall's basement Other ideas were bounced around but for now, the prioritiesaretoclo.se offthe potentially dangerous areas, put allofthelockers together and add blue light phones, he said. Hamboussi plans to approach the administration withthe ideaof adding peepholes to the offices in thebasement area. Hamboussi also wants to explore the possibility ofdistributing free whistles to the general student body. byJessica Murphy, Reporter Just in case anyone wondered first-year SBAClassDirector George Hamboussi 's campaign promise of improving thebasementlocker room's safety is materializing with improved lighting, extensive plans for safety mirror placement and blue light phones, as well as other ideas Blue light phones are personal safety devices which are directly linked to Public Safety. Actually speaking intothephone is not necessary for response from public safety officers; justknocking thephoneoff thehook will prompt Public Safety to investigate, Hamboussi said. Hamboussi met withDeans Alan Carrel and MarleneCook, SBAPresidentBen Dwyer andPublic Safety officials in order to pinpoint safetyproblems and to discussremedies. Top priorities were thelighting whichhas already been increased andsafety mirrors whichhave already been ordered and will be inplace as soon as possible. Another major concern focussed on a groupof lockers isolatedfrom themain locker area in the basement. The lockers are placed next to the left of the elevator doors, hiding them from general view. Discussion centered around moving thelockers to the common area. The storage areas that the university provost useswas anothermaj orsubject. Hamboussi explained that the spaces on either side of the wiredfences are darkand can possibly be used GeorgeHamboussi, first-yearSßA classdirector by an assailant to hideor to drag a victim into. Many oftheremedies needmoney to be implemented. Carrel saidhe is committed to making every necessary safety adjustment thatthe studentbody needs. "Student safety is our paramount concern," he said. "The administration's goal is to resolve problems like these because students shouldn't have to live withthese concerns during their legal education." Hamboussi agreed saying that "Dean Carrel is determinedto help andwork withour concerns, not only to prevent the possibility of something happening, but also to relieve the tensionof going down to thebasement. We are all serious about making people feel safer." Public Safety representatives presented the possibility of holding personal safety and self-defense sessions for UB Law students. Hamboussi said that Public Safety would be morethan happy to provide thelaw school with professionally-trained safety experts. What Hamboussi said he needs now is student feedback. He counted a total of four responses to hislast question ofwhatneeded to be improved, al 1 of whichhe seriously investigated. He wants as many responses as possible. Hamboussi wantsto continueworking on ways to improve basement next semester. He needs studentfeedback on whether or not law studentswouldbe i nterestedi n attending selfdefenseandpersonal safety sessions run by UB Public Safety. Hamboussi said that he needs the feedback in order to make further safety improvements and that he, like the administration, truly cares about what the students want and need. Students interested in theissue can drop a note in Hamboussi's box, 687, or contact the SBA office. Civil liberties union defends individuals' legal rights byMichaelKuzma, Reporter Zens, but the police as well. People look at the The New York Civil Liberties Union is findings oftheInternalAffairsDivision ofthe alive and well here in Western New York. policedepartmentwithsuspicion. The NYCLU Founded in 1951 as the NewYorkaffilibelieves that the findings of an independent ate oftheAmerican CivilLiberties Union, the CCRB would have more credibility with the NYCLU is dedicated to preserving and enpublic. The NYCLU has been invited by the hancing the principles andvalues embodiedin the Bill of Rights, saidDairelrwin,thedirector BuffaloPolice Commissioner to sit on a Civilofthe NYCLU officein Buffalo. ian Advisory Board(CAß). Thepurposeof this From its inception, the mission of the boardis to provide an exchange ofinformation NYCLU hasbeen to defendthetraditionaland between thecommunity and thepolice departfundamentalcivil libertiesoffreedomof speech, ment. The NYCLU is hopeful that the CAB freedomofthe press, theright to demonstrate, will lobby both theCommon Counciland the freedom ofreligion, equalprotection and due Police Commissionerfor the establishment of process oflaw. TheNYCLU has also takenthe a CCRB in Buffalo. Irwin, who recently assumed his position leadin challenging racism andpolice brutality and defending theright to privacy, including as director, saidhe has "humongous shoes to theright to reproductive autonomy. fill." He explained that Karen Welch, who The NYCLU is focusing itsattention on previously heldtheposition ofdirector, "didan a number of issues in the City of Buffalo, excellent job." including thecurfewordinance.The ordinance Irwin said he was drawn to the ACLU contains a sunset provision providing for its because hefeels "strongly about civil liberties expiration on Dec. 31,1994. The NYCLU is in general and the ACLU's efforts to protect those liberties." searching for a case to challenge the ordinance's constitutionality. The NYCLU will Irwin's background shouldmakethis task lobby against the curfew's extension. easierto achieve. Prior to hisarrival atNYCLU, The NYCLU isalsoconcernedwithBufIrwin worked for the Michigan chapter ofthe falo's lack of a Citizens Complaint Review ACLU while attending law school in Lansing Board (CCRB). Buffalo is the largest city in where he was involved with members of a New York without such a board for its police homelesscoalitionwho hadestablished a tent department. A CCRB would oversee police city onthe grounds ofthe state capitol. Through brutality complaints. Out of the 50 largest the efforts of the ACLU, the right to protest cities in America, 33 have such boards. The remainedintact as the tent city was allowedto police departments in Syracuseand Albany are remain on the land adjacent to the capitol subject to CCRB review. The NYCLU conthrough the course of the winter. tends that these boards protect not only citiAccordingto Irwin, theLansing branch of the ACLU was "exceptionally active." As he put it working there was both a "fortunate opportunity" and an "excellent experience." He saidhe hopes to integrate some ofthe things heleamedat theLansing ACLU office intothe Buffalo office. As a non-profit organization, Irwin explained thatthe NYCLU cannot exist without volunteers. "[They] make or break the NYCLU," he said. Therefore, theNYCLU is always seeking volunteers to answer phones, screen cases, typeletters, and makereferrals. In addition to these functions, Irwin would liketo see volunteers assist his office inputting out a newsletter. Office intake is most often taken by telephone. Irwin revealed that "98 percent of the calls are referrals as very few people know what the NYCLU does. Most people whocall are non-members." The NYCLU does not distinguish between membersand non-members, however. In light of recent political events, it is Irwin's conviction that there is a greater need than ever for volunteers. The election of George Pataki and Dennis Vacco make it virtually certain that there will be a major reimposition ofthe death penalty. To counter this, it will be critical for the NYCLU and others opposed to capitalpunishment to organize locally as well as statewide. Anyone interested inestablishing a chapter oftheACLU at UBLaw School, volunteering, or becoming a member, may contact the NYCLU at 852-4033. Its office is located at 210Franklin Street, Suite 501, Buffalo, N.Y. Olsen will o work with Vice Dean Alan Carrel to meet the The Economics Department gained will be moving out of the sixth and seventh floors ofO'Brian by the endof January. Olsen said his new position won't interfere with his teaching. Next semester, he will be teaching the Environmental Policy Clinic. "I cannot foresee theend ofmy teaching responsibilities because it is somethingI have come to enjoy," he said. Olsen also said that teaching provides him with the opportunity to interact with students and hear theirconcerns. He saidit also makes theadministrative endofhis job easier, as he is able to integrate student concerns with academic policy. New vice dean explains his new role in law school space. R Olsen by Rosannaßerardi, Reporter Professor and new Vice Dean for Academic Affairs Nils said ensuring the smooth operation of theacademic curriculum will be his top priority as dean. Olsen, who will be acting deanuntilDean Barry Boyer returns next semester, replaced former Dean Tom Headrick, who has taken another position with UB administration. The main responsibilites of vice dean focus on theoverall academic issues that arise within thelaw school. The vice deanisresponsible for overseeing the law schoolcurriculum as well as ensuring adequate class space and instructors. Olsen said sure that there is sufficient faculty and enough space for classrooms. He said he will assist in the planning of the move of theEconomics Department and will oversee the new utilization of the newly- �EDITORIAL THE OPINION 4 ©pinion , w i km 35, Volume No. 7 Founded 1949 Evan C. Ba ran off Editor-in-Chief December 7, 1994 OeST_ _. . ,„. December 7,1994 Peter G. Zummo Managing Editor EDITORIAL: Fall semester grades Law Schooladministration: Q+ Former acting DeanTom Headrick has earned the administration above average grades this semester withhis work on the new curriculum andfor negotiating therelocation of theEconomics Department. The new curriculum is an innovative program designed to take the law school into the next century. It is areflectionof thenewreality ofthelegalprofession and thechangingnatureof the practice oflaw. The new short specialized courses, smallerclass sizesand the general emphasis on providing students with thepractical skills they will need to survive in thereal world are all reasons why UB Law will soon be on therise. The moveoftheEconomics Department isalso asignificant achievement. Increasedoffice space, the return of the Moot Court room, and theclassrooms on the second floorofO'Brian will enable UB Law to function more efficiently and provide greater educational benefits forall. So why only aQ+? Because that'swherethedart landed.But seriously, in thereal world, theory and plans just get you so far. Employers want to see results, and so do we. We are hopeful thatthe new curriculum will bring a greater variety ofcourses, but thatremains to be seen. For now, class offerings often appear grim. Core courses, such as ConstitutionalLaw II -nevermind 111and IV ~ haven'tbeenoffered inyears. Classes likeFirst AmendmentLaw, Criminal Procedure II and AdvancedEvidenceappear to be defunct. (We were ecstatic thatAn ti-trust Law was finally offered!) Major legal areas arealso ignored by the current curriculum, includingEntertainmentand Sports Law and Communicationsand Media Law. Other areas are treatedshabbily, for example only one trial advocacy class is offered. Student Bar Association: Q TheSBA whichhasbeen on probation sincelast year's fiasco,gets a passing grade this semester. Aside from recognizing new student groups at virtually every meeting and planning or sponsoring an endless number of boozefests, there has been a disappointingly small number of significant actions by theSBA. One positive SBA event was theSBACommunity Day. This showedgreat initiativeand helped erase the negative stereotype that lawyers faceand we hope that thiscould become an annual event for the law school. The newspirit ofcooperation, fostered by SBAPresidentBen Dwyer is another progressive step for the SBA. However, theSBAbalked when it was up to themto curtail some of theirpower in the name of theFirst Amendment. Weare glad that some form of a freepress amendmentwas approved, but the SBA's modificationsis indicativeofinherentproblems with the SBA. There is no accountability for our SBAreps once they takeofficeand this shows in thatrarely do they seek student input from anyone not in their "cliques." The SBA must take amore active role as studentadvocates. Besides GeorgeHamboussi 'sefforts to make the basementsafer, no other student concerns are being addressed. What is being doneabout O'Brian Hall's apparent violationof theAmericansWith DisabilitiesAct? What everhappened to theStudent-Alumni Committee? And what will the SB Ado when grades come in threemonths late, again? Xerox the same letter from last year? If SBAreps are hard-pressed to think ofother student concerns, here's a novel concept: ask them!Nevermind. Thestudentsasked will probably say they don't care. Which brings us tocategory three. TheStudent Body:QThe educational experience is more than just text books and classes. Students have many wonderful opportunities ifthey'd only open theireyes. Only 20-somethingstudentsturned out for theSBACommunity Day. Barely anyone votes in SBAelections, nevermindrun. Student apathy willkill this country as it leads to real world apathy. There are dozensof law journalsand law groups to join. And thereare hundreds ofworthwhile issues to be explored. Many studentssay they're too busy now; they don't have the time. But will you everhave the See EDITORIAL, continuedonnext column STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: JosephBroadbent Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: LenOpanashuk Assistant editors: News: JohnFederice and Lesa Maslanka; Editorial: David Zammiello; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and Jake Santos. Beatreporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Downtown: MichaelKuzma. ContributingStaff: Rosanna Berardi and Jessica Murphy Computerconsultant: PeterBeadle Subilizing: Bills' inspirational win: If Ihey can do it, socan you! Also, last issue of semester! Destabilizing Finals in general; Tnl codesin particular Opanshuk Leaby Graphic Editorial continued... time? When you are working 60 hours a week at a law firm? We don'thave to waituntil we are lawyers to make a difference. We can make a differencenow and many students are. Remember: "Theonly thing necessaryfor the triumph ofevil isfor good men [andwomen] to do nothing." Edmundßurke Do something. Get involved. UBadministration: D (explain thatto Mom) We applaud theUB administration for evicting Economics from O'Brian Hall. However, this decision came only afterrelentless pushing by Dean Headrick. The administrationdidn't wantto upset Economics even though they knew thatthe law school desperately needed space. Get a backbone! Also, the deplorable condition of O'Brian leaves us still seeking relieffrom the "death trap" conditions we must face every day. We need a new building or major renovations; however, no such actions are scheduled for anytime soon. Buffalo Bills: Q (and rising) Withthreegames to go,theBills put themselves backinto a position to taketheDivision. We were ready to count them out and theyproved us wrong. Their determinationto beat theoddsis an inspiration to us all. Buffalo Sabres: R We don't like quitters. Or greedy owners. Weather: HHope itkeeps up. — — r— —————————————————————————1 ! Grade The Opinion If we can dish it out, we ought to be able to take it! So here's your chance to give Give us your opinion ofThe Opinion. Isome grades. |Do you think our news coverage is objective? H Q+ Q Q- D F |Do you think our news coverage is accurate? H Q+ Q Q- D F ■Do you think our news coverage is in depth? H Q+ Q Q- D F .Do you find our news storiesinteresting? H Q+ Q Q- D F 'Do you find our news stories informative? H Q+ Q Q- D F ■Do you think our stories are welledited? H Q+ Q Q- D F |Do you think our features are interesting? H Q+ Q Q- D F |Do you think our editorials are informative? H Q+ Q Q- D F ■Do youlike our graphics and cartoons? H Q+ Q Q- D F ■Do you like theRoaming Photographer? H Q+ Q Q- D F JOverall, how do you grade The Opinion! H Q+ Q Q- D F \ out' IgENERALCOMMENTS: IWhat would you like to see in future issues of The Opinion"! ThcOpinionUancin-profiUnderxaKfenl.srudenl-crwnedandrunpuhlicalkM SUN YAI Buffalo AmherstCampus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)645-2147. TheOpinionispublUhedcvcryrwowr^fadurini;lheFallarKlSprinI;a;mr.<ler« llKlha-«tinVntnfw«pafwrnftli.-Stal>llniv>r«ity ofNcwYorkatßuffaloSchcolofLaw. Copyrighl 1994byThe Opinion. SBA Anyreproduction ofmaterialsherein isslrictly prohibited without the express consent oftheEditors. Submission deadlinesforletters tothe editorandPerspectivesare 5 run on theFriday prccedingrniblication. Advertisingdeadlines are6pjn. on the Friday precedingpublication. Subm issionsmaycitherbe senttoThe Opinion at theabovenotedaddress, dropped offunderThc Opinionoffice door("room 724 O'Brian Hall),orplaced in Box#loor #280on trrc third noorofO'Bnan llall Allcopymust betyped, doubled-spaced,andsubmittedon paperandona computerdisk (IBM- WordPerfect). Letters are best whenwrittenasa part ofadialogueand mustbe nomore than twopages double-spaced Perspectives aregenerallyopinionarticles concerningtopicsofinterest tothelawschoolcommunityandmustbenomore than fourpagesdouble-spaced. TheJ2r>inionreadsandapprcciatcsevery letterand Perspectivewe receive;wereserve therighttoeditany andaUsubmi.s.sicftsfca-spaccasrKxxssarvandalst)ftirlihekHisa>nlenl The Opinninwill iy*puhli.shurairmedsubmissions. Wcwillreturn yourdisks to yourcampusmailboxor toaprivate mailboxif asclf-addrcsscdstampcdcnvelopeis provided. Jhej)r>injon>dcdicaledtoprovideaforam for the freeexchange ofidcas Asa result,lheviewsexpresscdin thisnewspaper are not necessarily thoseof theEditors orSlaffolThcOpiniiin "Congressshallmake no law ....abridging thefreedom ofspeech, or ofthepress;..." ._ TheFirst Amendment — jWhat wouldyou say is the greatest weakness of The Opinion"! JOTHERCOMMENTS: IThanksfor taking thetime tofdl out this survey. Leave the completedform in Box 10or280. I k—------------------~—-_—-_J �OP/ED December 7, 1994 THE OPINION _5 Perspectives The battle to protect the campus environment and wildlife By RobertH. Smith Buffalo, NY 142600rca1lhim at (716) 645-2901. If a bird overpopulationproblem occurs inthe future, the vironmental, animal protection, and human health issues is endorsing a policy draftthat bans the use of dangerous, lethal, most efficientandcost effective means to address this situation wouldbe to simply cleanupany defacement of buildings that occurs. If the University desires to reduce bird populations on and ineffective pesticides and otherchemical substancesused to control campus wildlifepopulations. This coalition currentcampus, there are many effective, non-lethal methodsof conly consists of 16 campus organizations including the Undertrolling wildlife. Research conducted by the AdHoc Commitgraduate StudentAssociation (SA), Student Bar Association tee discovered that the most effective way to decrease bird involves the useofvery thinwires, similar to piano (SBA), Students of Law for Animal Rights (SOLAR), UB EnvironmentalNetwork, Buffalo Environmental Law Journal, pular pigeonroosting sites. This type ofproduct is theNationalLawyers Guild, and completely harmless to birds, community organiza- Withoutan policy thatbans the use less expensive than pesticides and chemicals, almost invisiotherlethal means During a rooftop investigable, and easily attachable to difto University conducted on the wouldbe ferent types of structures. AcJuly 26,1994, control, i by an ad hoc committee of the start usingpoisons at any time without cording to Jack Wagner of Bird EnvironmentalTask Force, Jim Busters, this type ofwire system informing thestudent body. Volkosh, Supervising Campus is the only method of control Safety Specialist, stated, "I have approved by thefederal governbeen on all of theseroofs at least three times a year and have ment for historical buildings and has been successfully used neverseenalot ofbirds." Mr. Volkosh added thathehas been throughout Europe for thelast 30 years. Korta, Supervisor ofCustomerServicefor ÜB, stated working at UB for ten years. The University admits thatthere is no pigeon overpopulation problem now, but is concernedthat the University had contracted an exterminator to control therecouldbe one in thefuture. Although the University has pus pigeon populations for the timeperiod between 1990 placed a temporary ban on the use ofAvitrol, a poison used to and 1993. He further explained that the poison was placed on kill wildlife, itis currently unsure whether to adopt a policy that university rooftops three or four times a year at a cost of $200 to $300 for eachusage. will permanently ban lethal means of wildlife population control. Without an official policy thatbans the use ofAvitrol The poison used to control the pigeon population was 4and other lethal means ofwildlifecontrol, the University would nopyridine, commonly known as Avitrol. Avitrol is a befree to start using poisons at any time withoutinforming the deadly nerve-system poison. The Environmental Protection studentbody. Agency's (EPA) report on Avitrol definedit as a highly toxic OnTuesday, Nov. 15,1994,thecoalition'sPolicyforNon- poison and classified it as a restricted-use poison. It is not Lethal ControlofWildlifewaspresented to theEnvironmental available to the generalpublic and the EPArequires a licensed TaskForce (ETF). Although some support was shown for the exterminator to distribute the poison. While placing the draft, the ETFrequested that a revised policy be presented at soned food, theworkers must wear protective clothing and its Decembermeeting. Thisrevised policy specifiesan amendment process which couldbe used if wildlife began to pose a The extermination companies describe Avitrol as a serious threat to humans that non-lethal means could not ghtening agent". This description is based on the theory address. Itis highly unlikely thatnon-lethal means could not t pigeons who ingest the poison will scare away otherbirds adequately solve any wildlife overpopulation problems beby putting out a distress signal. What Avitrol actually doesis cause they tend to be more effective thanlethal methods. The cause thebirds to eat it and go into convulsions and die a slow proposed amendment process would ensure student notifica- and excruciatingly painful death. and involvement in the process. The Wild Bird Rescue League of Northern Virginia The coalition of student organizations supporting the (WBRL) reports that any slight effect this "strategy" has on rised policy now hold an unprecedented mandate from the bird populations is at best temporary and often ineffective. identbody. These organizations areeager tohave theirpolicy Dying birds oftenfall to the groundand are removed, fly mi 1 es opted by the administration, therebybringing to a close the away, crash into windows, or are hit by cars beforeotherbirds vironmental and wildlife protection campaign that was witness theirsuffering. Guy R. Hodge, Director ofDepartment initiated in the Fall of 1992by SOLAR. Organizations interofDataand InformationServices oftheHumaneSociety ofthe ested in endorsing the policy can obtain forms at both the SA UnitedStates (HSUS), explained that HSUS does not consider andSßAoffices. Individualsinterestedinsupportingthepolicy Avitrol to be effective, especially for pigeons, since they store can send theircommentsto President Greiner, State University food in theircrop before digesting it. Mr. Hodge continued to of New York at Buffalo, 501 Capen Hall, North Campus, state that, strictly from a biological point of view, HSUS has Eeral official ofAvitroland Ks ofwildlife free BJim Koximately I' In OpMailbox inon BarReview Woes To the Editor: it seems there i ouldbe more eftecuve methtxLs ot conveyingto vtudents the merits ofcaih of the cutnpetinglvnr k vte«'coutsesthai) the current de tauo system now offers* Hwsway satdettetmretflly j get thetrinfontMuoa on tfcenvww coursevsby utking torepresentasage rates of the various review tive!, about the \ anous bat review would coupes The problem wuh this be Fat(he h«review-courses, in method is tbat much of what you a •.' hear from the representatives is conjimutyn witb the SBA.*hou.d T&kiHg cnoMderpr(»enft»gat(MnUyspoo< u> fellow taw students i& no doubt sored question and answer session helpful, butroanj ome>theytooare once 4semester where tepresenumaking their decisions based on Dvn *>t eacit review owse could uiestfsetf-servingstatements On | field question* from the Muuems. werealty accept thereview cour\and if,newwasry, debate demerits eV ciatms of <tt percent passage ot their respective courses The «te«, espeaallv in tight at state contedtsut the-»e sessions woutdbe rassugeratesof around 70percent MBnmarwed and published m Ijjg <Mlt <3spjfoa. for aiho read andadd to ;n-a;>.rs:.-t.T, ;.iC their knowledge of the £Ksgtttm& es cluttered with useless and anBoth at the&esteps would betact!' jm noying advettisemtwas. I is always welcome, though!) In believethesesimple steps wouldbe ■up. more«ftcctive tor studentsand iepossibly anSBA committee, which view courses alike. keeps objective counts of the pasR.MarkßertoC4:i,3L • . • ■ ■ ■- ■ found that poisons at best provide short-termreliefand are not problem-solving tools. HSUSis thelargest humane association in the United States, consisting of more than two million members. According to the EPA, non-target birds are also in great danger. EPA studieshave shown that even whenthe poison is appliedproperly, 7to 16percentof thebirdskilled will be nontarget species. According to the EPA, migratory birds such as finches are in great danger, as are magpies, red-winged blackbirds, sparrows, sparrow hawks and quelea. The Amherst Campus is known to have several species of protected hawks and migratory songbirds on or near its grounds. The WildBird Rescue League ofNorthern Virginia reports thathawks have died from eating poisoned pigeons. Additionally, university groups such as members of the Grounds Department, Public Safety, theEnvironmental Studies Group (ESG) andSOLAR havereported finding both target and non-target deadbirds left uncollected on both campuses during the period when Avitrol was being used. TheAvitrol labelitselfstates that itis a hazard to humans and domesticated animals. Under the heading of Environmental Hazards, the Avitrol label states, "This pesticide is toxic to birds and fish. Wildlife feeding on treatedbait maybekilled." Inaddition,thelethal poisonAvitrol bonds with thesoil and is toxic to aquatic life when it runs offintobodies ofwater. Although often considered to be a disease carrying pest, the pigeon does not pose any significanthealthrisk to humans. Charlotte Donnally, Ph.D., in her report to the Cincinnati Environmental Advisory Council, stated, "The vast majority ofpeople are atlittle or no healthrisk from pigeons and probably havea greater chance of being struck by lightning than developing a serious diseasebecause of pigeons." Jack Scwartz, Infectious Disease Expert at the Erie County HealthDepartment, had no statistics or knowledge of cases ofdiseaserelated to pigeons in this area. In fact, thereal human healthrisk comes from the application of dangerous pesticides which quitepossibly couldaffect humans if blown offrooftops or washedoffby rain. The extermination companies that apply dangerous poisons such as Avitrol appear to be the "experts" who assert that pigeons area healthrisk to humans. Thesources for these"propoison" studies are not detached, disinterested parties. The fact is thatthese companies are outto make a profit by selling theirproducts, and in reality they pose theactual healthrisk to the University environment. Thus, therecommendationsofthe Avitrol Corporationandother exterminatorsshouldbe weighed carefully against thenon-biased government sources and wellrespected humane organizations who reject the use of Avitrol and otherdangerouspesticides and chemicals forthe controlof wildlife. The ETF and UB administration clearly should enact and implement the coalition'srevised policy for Non-Lethal Control ofWildlife. Smith, 2L, is a member ofSOLAR. Speak out! Ifyou have an opinion on anythingpublishedin our newspaper or on any current events topic that concerns the law school community, write The Opinion. Letters to theeditor are best whenwritten as part of a dialogue and must not be longer then two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are duethe Friday before we publish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). The Opinion reserves the right to edit any andall submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them either box 10 or 280. Probing, Timely, Controversial,Beer... It's not too late to join The Opinion!!! Anyone interested in joiningfor next semester should drop a note in box 10 or call x2147. This is the last issue ofthe semester! Next issue coming in January. Submissions are due in the second week of January. �NEWS December 7, 1994 6 BRIEFS Intersession library services will be limited during winterbreak BISON (including dial-up) will be unavailablefrom noon Thursday, Dec. 22 until Tuesday, Jan. 3,1995, so necessary upgrading can be performed, according to a law library press release. If youneed to use BISON to find library books to be used during thesemester break, pian to do yourresearch prior to noon on Thursday, Dec. 22. After BISON "goes down" on Thursday, these transactions will have to be done the old-fashioned, time-consuming way. As the highway folks advise, "expect delays." Book charges, renewals and/ or returns done before Thursday at noon will save you time. The university, including the law library, will be closed from Saturday, Dec. 24through Monday, Jan. 2. The librarywill reopen 9 a.m. Tuesday, Jan. 3. LEXIS and WESTLAW will be available in the library labs until sp.m. Friday, Dec. 23. Homeaccess to LEXIS and WESTLAW will not be interruptedduring semester break. The Law Library's schedule for the next several weeks is as follows: From Saturday, Dec. 10 to Thursday, Dec. 22, the library will be open on the following schedule: 8 a.m. to midnight Monday through Friday; 9 a.m. to 9 p.m. Saturdays; and noon to midnight on Sundays. On Friday, Dec. 23, the law library will be open from 8 a.m. to 5 p.m. The library will reopen on Tuesday, Jan. 3. From Jan. 3 through Friday, Jan. 6, the library will be open from 9a.m.tos p.m. Thelibrary will be closed on Saturday, Jan. 7 and Sunday, Jan. 8. Normal hoursfor the Spring semester wi 11begin onMonday, Jan. 9. Normal library hours are from 8 a.m. to 11 p.m. Mondays through Thurdays; 8 a.m. to 9p.m. Fridays; 9a.m. to 6p.m. Saturdays; andnoon to 10p.m. on Sundays. An exception to this schedule is Monday, Jan. 16,when the library will be open from 9 a.m. to 5 p.m. For moreinformation, contact the law library circulationdesk at x6765. Oh deer! How to avoid collisions fThe Town ot Amherst has puba pamphlet on "Living with in Amherst.'The population of deer inAmherst has tripled in less than 10years. The herdis now estimated at more than 1,000. The numberof deer killed each year in automobile/deer accidents in Amherst typically equal 40 to 45 percent ofthe annualherd.The average auto damage estimate is $ 1400 deer/car collision. Some suggestions for avoiding a collision are: Slow down! Especially when driving at night, at dawn, at duskand ugh deerhabitat areas. Scan both sidesof the roadfor any movement. Watch out for deer moving in frontofoncominglights androadside reflectors. If you see a deerhas just crossed the road, lookout! Another deer is probably about to follow. Useflashers or a headlight signal towarn otherdrivers when deer are spotted on or near the road. Major zones for collisionsinclude Maple Roadbetween Millersport and North Forest, the area around Millersport, Heim, Campbell and Dodge Roads, and the northern parts oftheTown. j I ! Point ofInformation I Q: When will our grades for thefall semester be posted? A: Theofficial deadlineforprofessorstosubmittheirgradereports toA&RisFeb. 15,1995. Some advice to first year students: don't come back from Christmas break expecting to see your grades posted. To be fair, some professors do have yourgrades availableby theend January to themiddle of February, while others get them in on thelast day. Manyprofessors, unfortunately,routinely miss thedeadline. In fact, in what might be a record, last fall semester's Torts grades were posted on the last day of Springexams. The moral of the story is: don't sweat it. Your grades will come in eventually, and in the global, transcendentalscheme ofthe universe, they really don'tcount for much. Have a great break, and try to forget aboutlaw school over the holidays! Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law studen Is want toknow! "Quote" of the Week "Government is a son of a bitch. You \e got to watch them all the time!" David Jay ofNYCL U at the FirstAmendment debate. See storyon frontpage. - THE OPINION County presses ahead with plans new courthouse i by Michael Chase, Reporter Erie County Legislator JoanK. Bozer and her aide, Tim Tielman, met with former Acting Dean Tom Headrick in late September. This meeting was characterized as an information session to discuss the various county courthouse plans under consideration. Thecounty is now undera state mandate to build a new courthouse. One of the topics mentioned at this meeting was the possibility of the law school acquiring the building at 77 West Eagle Street, theformer site of the law school. All plans being studied by the county call for the abandonment of this facility. Headrick was said to be "intrigued" by the idea, according to Tielman. Headrick did acknowledge that 77 West Eagle has a "special kindof place in thehistory ofthis law school." He also indicated that the lawschool is "open to looking at all possibilities," and was "actively interested in having some type of presence downtown." Tielman said that Bozer's office intends to keep the dean abreast ofcourthouse development plans. UBPresident William Greiner still appears somewhat lukewarm to the idea of the law school moving downtown or becoming apart of the new county courthouse facility. During a recent live call-in show on WBFO radio, Greinerstated,"... the idea ofthe law school being located in thecourthouse facility and moved downtown, I think that would set back the developmentprocess of that courthouse immeasurably." He went on to say that "the notionthat somehow the way a law school should be structured is to put it next to and with the courts is only looking at a division oflaw practice Debate, continuedfrompage one eryone else s rights, Jay said. He said thatthere is a big problem enforcing an injunction, adding protest sign. According to Finley, there is that ifpolice are unwilling toenforce extensive medical testimony that an injunction, it is useless. when a mobcrowdsaround a person, He voicedskepticism about the wisdom of relying onpublicofficials yells at that person and waves objectsat them, it poses medical risks. to enforce rights, because they have For example, it may cause a rape proved themselves repeatedly to be hostile to therights ofwomen and the victim to relive the rape, she said. "The real issue is: Does the rights to free expression. First Amendment give people the Jay cited a recent incident in right to harrass andspecifically harm whichaformersupervisorofClarence women?" she said. allegedly saw a political sign he She said that the injunction didn't agree withpostedonthelawn rejected by the Supreme Court in of a private houseand gave orders to Madsen wastoo broad inscope. That have the sign ripped out. Jay said that injunction prethe courts have vented the pro- "Torestrict the rights their own political testers from apaparticular group is agendas. proachinganyone "The courts within 300 feet of a dimunition the clinic. The everyone else's rights." are the biggest frauds in the injunctionshehad —David Jay world," he said. sought in retake therecord and decidethe sponse to prior incidents at theclinic n what they think the facts permitted any protester to approach have been, not what they people who sought to enter theclinic. However, if the person toldthe proinley replied thatthe injunctester thatshewanted to be left alone, /ere the protester would be required to neccesary because pro15 have not been deterredfrom backoff feet. The protester could to speak to the personfrom those who wanted to use ng ;dical facilities by the applieet away. David Jay replied that while local laws like tresspassing protesters did not have the right turbing thepeace. The penal to block clinic access and harrass or ies for contempt were much stiffer; 110,000 for the first offense and assault people whowanted to enter a 120,000forsubsequent offenses. She health facility that provides abortions, there are already laws on the saidthatthe inj unctionhas worked to books that dealwith these criminal encouraged people to obey the law offenses. "Youdon'tneedaninjuncwhileprotesting. tion to arrestpeople for thoseoffensJay suggested the term "chilling effect" might be appropriate. es," he said. Finley said thatthe excesses of He also said that casting the debate as one of women's rights is some elements ofthe anti-abortion movement may have also contributmissing the point. ed to thinning out the ranks of the "To restrict therights of a particular group is a diminution of cv- protesters. She said that contribu- of ftinue Sheffer, continuedfrompage one Sheffer joinedUB in 1993, as a Senior Fellow in both the School of Law and theSchool of Architecture andPlanning. Before hisassociation with ÜB, heserved as a StateSenator from the 60th Senate district from 1989 to 1993,and previous to that served in the State Assembly from 1979t0 1988. Sheffer, a graduate of Syracuse Law, was also Mayor ofthe Village of Williamsville, and a memberofthe firm ofSheffer, Murphy & White in Williamsville. that is different than what really happens in this day and age." Greiner indicated that lawyers spend only about 5 percent of their time in court and that "most of what lawyers do are otherkinds of things." In closing, Greiner remarked that, "...I think trying to mix those two [the county courthouse and law school] is really like mixing apples and oranges at this point in time." There will be a public hearing onthe proposed county courthouse on Dec. 12from 7-9 p.m. in the auditorium of the Central Buffalo and Erie County Public Library in Lafayette The Erie County Square. Legislatorssay they are eager for student input. Individualsunable to attend the hearing may submit written stater ments to Bozer's office atErie County Legislature, 25 Delaware Avenue, Room 726, Buffalo, NY, 14202. of I - SBA Meeting, tions to Operation Rescue dried up after the recent murders of two doctors in Florida. She added that most people in that movement were genuinelypro-life and were horrifiedby thoseincidents. Jay said that he was worried about the potential for governmental abuse ofpower. "Government isasonofabitch. You've got to watch them all the time," he said. Finley stressed thatshe was not opposed to theright of protestors to dosidewalkcounseling. Shecitedan incident where a woman was being coerced by her boyfriend to get an abortion. According to Finley, the woman had been sent home by the health center the previous day because thehealth professionals were not convinced she wanted an abortion ofher own free will. When she returned to the clinic, the protestors convinced her not to have the abortion, Finley said. She stressed, however, that a woman shouldhavetheright to refuse the counseling if unwanted. She compared it to being approached by a man who wouldn't take no for an answer. She said that the consequences of having aprotestor persist inscreaming and waving objects in close proximity when asked to back offis not a question of simple emotional upset, but ofreal medicalrisk. The speakers then answered questions from the audience. Federalist Society President JoeBroadbent was happy with the turnout for the debate, although he addedthat "I would'veliked tohave seen a little more debate on such a controversial issue." He said the Society plans to have more debates next semester, including a debate on thedeathpenalty, to expose students to "both sides of the issue." continuedfrom page 3 poisons or tactile substances to control wild!Lie populations. Among the species that would be protected wouldbebirds, squirrels, tabbitsanddeet Smith toldtheSBA thy t miceand ratswoutdnot be covered under the policy. Healso told tire SBA that if there were any significant alterations to the proposed policy, be would inform the SBA. Among the organizations thathave previousfy endorsed thepolicy are the Student Association, the BuffaloEnvi ronmentalLaw Journal, theLaw Students tor Corporate Accountability, the National Lawyers Guild, the Hindu Student Association, theLesbian, Gay. Bisexual Law Students, the UB Environmental Network, the Environmental Task Force and the : Domestic Violence Task Force, �FEATURES December 7, 1994 FEATURES THEOPINION 7 Stress! How can law students cope with the stress offinal exams by L esa Maslanka, Asst. NewsEditor Here at UBLaw, finals are metwith a mixture offear and anticipation. Yes, it's time to crack the books and find out Tax law isall aboutafter Atlong st the semester is coming to a closeand we will befinished withanother piece of legal educationpuzzle. For first-year idents the panic level is running high, le anxiety of taking a final that constitutes theentire grade for a course is nervewracking. Ofcourse, ifyou have Schlegel you may be close to packing it in and for truck drivingschool. Don't Phat all. te PI ds are that you are better pr yourealize, and gettingfreakec only make matters worse. ! you worriedthatyou can't em vith thereasonable person? Ar :erned that you wouldn'trecog nize a contract if it snuck upandbit you Are you just now realizing that you go most ofyour beauty rest during ConLa and Criminal Procedure? Do you know more about the intimatedetails ofHeidi toms are frequent and recurrent, it is recommended that you see a medical The Counseling Center in Richmond Quad offers stress management workshops to help you learn to identify and cope with stress. la addition to seminars, the Counseling Center isavailablefor individualsessions. Sometimes it is helpful to just talk to someone and get yourfears offyourchest. An important aspect of stress management is the ability to identify yourown reactions to stress. There are solutionsand methods to lessen your anxiety and responses to in Fleiss'blackbookandOJ.'spersonallife than about felony murder? Getting worried and overwhelmed is not helpful. Put your study schedule in perspective andset realistic goals to prepare forfinals. Don't fret, maybe your Un- The Counseling Center hasoffered some tops for reducing stress. Learning to plan and set realistic goals are especially relevant when preparing for final exams. Prepare an appropriate study plan andsetachievable goals. Having a positive outlookand altering youphilosophy may alsobe useful. During finals and exam preparation take time out to smellthecoffee and to drink some too, of course. Avoidunnecessary competition. Friendly competition can bemotivating, but you need to concentrate ondoingyourpersonal best and not comparing yourself to others. UB is noted to have a considerably less - "Don't despair! Odds that betterprepared thanyourealize, and freaked only make will cle will devise are you Blackacre to you and you can live thelifeof are leisure hopefully he A stressedoutlaw studentdidn't make itto the stress management display in time. competitive atmowon't make it contingent uponyour gradusphere than typical are more productive locked in a study allegedly rely on thestair grading procegetting fromlaw school! law schools. The carrel. Recognize which atmosphere is dure. This involves taking the whole ating out Stress is a norgrading system is also most conducive to your own learningstyle. stack ofbluebooks to the top of a stairmal human response matters meant to lessen com- Don't obsess that you will be hopelessly well and dropping them. The ones that and can infact bebenI petition. Don't get lost ifyouaren't regularly participating in land closest to the top get H's, the ones eficial in smalldoses. mestartedon the grada study group. Also, most professors have at the bottom get D's. Other professors their old exams on file in the library. merely skim through the essays looking It's when stress getsout ofcontrol thatthe ystem! Setting aside timeto play andrelax While they are unlikely to exactly repro- for key wordsand ifyou havehit mostof problems start. Many factors can contribjst as important as catching up on ute to stress and anxiety not least o duce an old test, itis useful to see how they them, you win! I've even heardofsome which may be law school finals. Man reading and creating outlines.Beer format their tests and what areas they professors letting theirelementary school is to be a staple in thelaw student's seem to concentrate on. physical, emotionalandbehavioral symp age childrenloose on our tests with a red toms can result from letting stress get th but overdoing it can be counter Creating your own outlines is an felt tipped pen. It could happen. You best ofyou. Examples of common phys uctive. Includedinrelaxingisgeteffective study tool but itis also extremenever know. Those of us whohadProfesical reactions are upset stomach, diges regular physical exercise. If you ly time consuming. Youmay be tempted sor Finley for Torts our first semester live problems, elevated blood pressure havebeen a law library potato all semesto divide youroutline preparation among didn't evenknow ourgrades until second headaches, back pain, restlessness, in ter, itprobably isn'ta goodidea to immefellow students in a study group or torely semester finals rolledaround. I have the somniaandothersimilarproblems. Som diately runamarathon. Finally, whether on cannedoutlines. This is mostly beneuncomfortable notion that she was one behavioral responses arelethargy, forge you feel most comfortable calling up ficial as a starting point, but you need to professor who actually read my final... fulness, daydreaming, increasedclums your mom and venting or choose to use personalize theseoutlines. Ifyou aren't ness and decreased productivity. Emo yourstudy groupto unloadon, talking out thoroughly familiar withthecontent of an tional reactions that may be intensifiec yourtroubles to a sympathetic earcan be outline, you may be doing yourself more due to excessive stress are irritability very helpful. Keepingtensionbottledup harm by taking it into an exam. Finally, outbursts ofcrying,withdrawals, depres is not healthy and may exacerbate your confidence is the best tool to take into an sion, anxiety, confusion, low selfesteem exam withyou. Familiarize yourselfwith Ifyou are convinced that you will the format of finals by practicing writing andhostility. All ofthese symptoms ma never catch up withtheloaJofpreparaanswers to essay questions. Even if you occasionally occur in every day life an tion you have in frontof you, itmay help didn'tcomplete 100% ofthe studyingyou may be due to physiological causes, bu stress compounds their occurrence and to rely on study aids. Study groups can intended to, be confident that you know bebeneficial for some people, but others wel 1 what you did cover. frequency. Ifany of these physical sympFinally, the Counseling Centeralso offers some practical stress-busting tips. These include: Prepare for your morning the night before, get up fifteen minutes early, anticipate your needs, be prepared - worse." - - towait,don'trelyonyourmemoryandfind the humor inthings. Being overwhelmed by stress is not a sign of weakness. Lately, society hasbeen taking depression lightly andmakingjokesabout Prozac. Clinical depression is very real and potentially harmful. If you are depressed or overly anxious, do yourself afavorandfindways to reduce the stress in yourlife. Remember, sometimestalking out your concerns is thebest way to let off steam. There are people ready to listen at the Counselling Center. Call them: 645-2720. Jamie Crolle, 3L, working at a BISON terminalas thefinal exam penoanears^ Take heart and don't worry about finals! Rumors abound that professors don't really read our finals anyway! Some The stress offinals leaves manylaw students "dazed and confused." Photos by John Gasper,Photo Editor. The Opinion wishesall law students good luck on finals! Seeyou in January! �8 THEOPINION December 7,1994 GOOD LUCK ON FINALS AND HAPPY HOLIDAYS! BAR REVIEW 1-800-472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1994 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aea9c6cacbf3faa467854f0c98b9cd00.pdf bbbef9fefe1ab4954728703df8df130b PDF Text Text , ,, ' |■■™■■■■^~,^■■"■I■™,III■■■■■■■ ■■*I ~,,^^ I R J Sh effer recounts work on Pataki's transition team. See story on page 3. OP\ED I SBA sendsfacultyletter I warning about grade deadline. See page 4. (FEATURES GroupSpotlight: L A.. T.I.S. See Bringing the issues to thestudentssince 1949 THEOPINION Volume 35, No. 8 January 26,1995 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW Law student survives Kobe quake by Sam Chi, Features Editor UBLaw studentLisa Dalfonso experienced, first hand, Japan's deadliest earthquake in 70 years. But upon returning to Buffalo, Dalfonso, 25, is spearheading local relief efforts forKobe. Dalfonso, who is in her fourth year of a joint JD/MA in political science, went to spend a semester in Japan as a part of an exchange programbetweenUBandKobe's Konan University. She hadbeen in Japanonly four days, staying with a local Japanese host family, before the devastating earthquake hit. "I was just getting settled in," she said. "Just getting used to the house, thefood, the dog." Measuring 7.2 on the Ritcher scale, the quake struck at about 5:45 am, Kobe time."lt was loud, like a trainwas rushing past my head," she said. "It was still dark. I was still awake because of the time shift." Although shewas familiarwith the house, thedark anddamage done by the earthquake madeit difficultto get out of her room. Dalfonso, who was not inj ured, was forcedto climb over furniture. As soon as she got out, she ran upstairsto lookfor her hosts, Mr. and Mrs. Takabatake. Mr. Takabatake crawled out of his room to meet Dalfonso. They wereforced to break downa dooranddi g Mrs.Takabatake out from under a pile of furniture. Fortunately, neitherhost nor hostess were seriously injured. At about 7:30, the triowalked out onto the house's veranda and caught their first glimpses of the damage. Mr. Takabatke, an executive for Kobe steel, used a cellular phone to check on his children in Osaka. Delfonso was then able call her family andleave a briefmessage. By midmorning, she and her host family venturedoutoftheirhouse and into a shared courtyard. Surveying the damage, Dalfonso said that between nine and 10 wood frame buildings in her immediate neighborhoodhadbeen toppled. Thehome of herhost family, madeof concrete, was theonly one inthe neighborhood still standing. Contrary to reports stating otherwise, Dalfonso did not directly observe any deadbodies.Butshewas aware that people had died. From timeto time, she saw men bringing sheets out of the destroyed homes. The sheets presumably contained victims who were not so lucky. "It just felt weird," she said. "No one expects it. To lose everything, people, houses, everything in less than a minute." Dalfonso said that she could see smoke rising from natural gas explosions in industrial sections of city. Evenafter the quake was over, the city was rocked by aftershocks. She said that she eventually learned Hundredsofthousands ofpeople saw theirhomesbe destroyedby theKobe earthquake, which measured7.2 on the Ritcherscale. Kobe death toll hits 5,000 to tell the differencebetween natural gas explosions andaftershocks. Although thehome ofherhost family was still standing, they were reluctant to remain in the house. Rather, they elected to spend the night in theircar. Dalfonso said that many other familiesalso camped out in their vehicles. After spending Wednesday trying to clean up and salvage items, thetrio spentWednesday night at a family friend's home north ofKobe. Dalfonso said that buildings north ofKobe, as close as As of yesterday, Jan. 25, the death toll from the quake stands at 5,073 dead, 26,509 injured and61 missing. Approximately 75,000buildings were damaged or destroyed. 307,000 people, or one-fifth of Kobe's population is living in tents and makeshift shelters that were established inschools and govern- SeeSURMVORonpageS mates of the rehabilitation costs ment buildings. Current governments esti- Economics moves out of O'Brian Hall byPeterZummo, Managing Editor The Economics Department completed its move from O'Brian Hall to Fronczak Hall, Associate Dean Marlene Cook confirmedlast Friday. "We are only waiting for them to officially turn over the keys, but they have movedout ofthe building" said Cook. The 31 offices that are now available to the law school have already begun their transformation. Carpets have been shampooed and all the offices will be painted. The painting, whichbegan last Monday, will take between eight daysand two weeks to complete. New telephone lines have been ordered and should be installedwithintwoto fourweeks. As for furniture for the new office space, Cook said that due to thechronic shortage of funds, the law school is trying acreative approach. "We arelooking for surplus furniture and are speaking withdifferent law firms about excess furniture they might like to give to the school." To this date, several firms have contributed furniture. The firms interruption to thesmoothfunction- One ofthe31 offices now available to thelaw school now thatEconomics has moved out ofO 'Brian Halland intoFronczak. "will get a tax write-offfor contribmoney we have to start up theNew uting the furniture to a non-profit Curriculum and hire new professors organization" said Cook. In addiandstaff. Wewouldalsoliketopaint tion to approaching law firms, exthe second floor classrooms" concess tableshavebeen procured from tinued Cook, "butifwe have to buy theEducation Department andEcosome furniture, we will." nomics left some desks and filing Thespecifics ofwho will move cabinets in the offices. into the newly acquired space have If the searchfor donatedfurninot yet beenfinalized. Cookis workture will notprovide forall theneeds ing withprofessors andstaffinvolved of the school, thennew furniturewill in the move and is trying to coordibe purchased. "We want to use the nate the move to cause the least ing of theschool. "I realize that we are in the middle of the semester and some professors may not want to move until the summer. That'sfine. They can move when they want to." So far, it appears that the CareerDevelopment Office(CDO) will be thefirst to make the move. It will be moving t0609,610,61 land6l2. The former CDO space will be taken over by Alumni and Fundraising. Many of the clinic offices will also be moving in the next few weeks. The offices on theseventhfloor will be used for the new Research and Writing program and for the new faculty hiredaspart oftheNew Curriculum. Student groups should not feel left out. Cook confirmedthat some offices will be made available for student organizations. The space will be assigned to the SBA, which will then in turn determine which student groups will be able to move into the new spaces. Cooksaid that more details will be finalized in the next few weeks. range from $30 to $80 billion, although someprivate forecasters are predicting even higher amounts. Tha city official in charge of restoring Kobe's watersupply after 1ast week's devastating earthquake apparently has killed himself. Police say he jumped out of a fourthstory window. He didn't leave a note. He'dbeenworking aroundthe clock to get service restored, but more thanhalfof the city's homes still don't have water. Commencement time and place finalized T, IhyEvimßararujff. Editor-in-Chief Commencement will take place I p.m. Saturday, May 13, at theFine Arts Center, accotdi ng to aUßLawadmi!. "'lt's cast in stone,",said Dean Aundu Newell, explaining that since the administration is paying for the ceremony and is doing all the work tot the ceremony, thedeans make thefinal decision. Newell said that she told Student Bar Association President Ben Dwyer about the commencement plans last semester, but never received any feedback fromstudenSbeyotidDwyer's rec- ommendations. Dwversaid he recommended that this year's commencement take place in the Fine Arts Center tor two reasons. First, after attending last year's commencement and talking to graduates last year. Dwyer . SeeCOMMENCBMENTpage 2 �NEWS THE OPINION 2 Vacco and Boyer to speak at Alumni luncheon State Attorney General Dennis Vacco will be the keynote speaker at a UB Law Alumni Association luncheon to be held in NewYork City this Thursday. Heis scheduled to speak about his plans and priorities for the Attorney General's office. Vacco, who graduated UBLaw in 1978, is currently an active director of the law school's Alumni Association andalso teach- es Trial Technique. UB Law School Dean Barry Boyer will also speak at the luncheon about significant changes at the lawschool, including a progress report regarding theNew Curriculum. The cost of theluncheoniss3s per person and $20 for those graduating in 1990 or later. Students interestedinattendingshouldcontact Ilene Fleischmann at 645-2107. January 26, 1995 Commencement, continuedfrom page 1 needextratickets will probably be able to get them by trading with friends, adding that no student responded to her memo which told students whoneeded extra tickets to cootact her. The commencement committee met yesterday to heginchscuvsingposstble candi dates for a keynote speaker. McLeod said that it is often difficult to find someone willing t.:> spe.ik at commencement because the keynote speaker doesn't get compensated for her time. said be believed the Fine ArtsCentet to be a more attractive setting tor graduation. "The students deserve to have a classy graduation," he said. Second, the only way to avoid holding graduation on Mothers' Day [Sunday. May 14] was toroove it toanothet locatinruhke the - Dwyer, 2L. admitted thathe has made no comprehensive effort to seek input trom third-yearsabout commencement, although he said he may have talked to a handful of third-yeats. He said the reason he didn't survey the third-year class was because students rarely take theti me torespond to such surveys anyway,citingtheSßA'slastsurvey as precedent. Although holding commencement in Fine Arts (which seats almost I,Boo} will mean seniors will be limited to six guests Dwyer said that the SBA executive hoardhas already hadsomediscussions concerning commencement,although the topic was never raised at an SBA meett ng last year. He said thesearch for a speaker has been an ongoing process which started last semester and is just now "kicking into gear" ' each, commencement coordinator Marie McLeod said that shouldn't be a problem. "They'II be lots of extra tickets around." she said. "We never run short." Headded that commencement is on the agenda for today \ SBA mec-nng, which be- : gins at 3 p.m. in room 207, He added that the students must also vote on a student speaker later in the semes* ter. but gave no timetable for that speaker's She explai ned that many students don't even use all six tickets and others won't even attend the ceremony. She said students who selection. Erie County Bar Association sponsors food drive The Opinion is seekingassistant editors, reporters, photographers, and graphic artists. Ifyou're interested injoining, call x2147 ordrop a note in Box #10. The sixthannual Erie CountyBar Association (ECBA) "Have A Heart Food Drive" will take place thisyear from Monday Jan. 16 to Wed. Feb. 8. The drive benefits the Food Bank ofWestern New York. The food bank has been hardhit by the federal government'sharp cut in foodcontributionsand competingagainst "seconds" stores for surplus foods. FoodBank Executive Director James Serafin confirmed that while the needforfood by thefoodbank has grown from 7 percent to 24 percent since 1991, contributions have"droppedsignificantly overthe past AttentionLaw Groups! Advertise your meetings and events in The Opinion. Call x2147 or drop a note in box 10. 11l Live with NYU Law School in historic Greenwich Village this summer. • • THEOPINION • • SPRING 1995 PUBLICATION SCHEDULE Central location in NYC's most charming neighborhood Apartments with private bedrooms in modem, air-conditioned, 24-hour security buildings Excellent living facilities for individuals and families Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series One Week Minimum Stay May 27 Issue tf: SubmissionDeadline: Issue Out: *No. 8 Jan. 20 (Fri.) Jan. 26 Feb.3{Fri.) For more information on the Summer Living Program at NYU School of Law, please FAX or mail the coupon below or call 212-998-6512 Apply Early. Volume Ac?, #35 No. 9 three years." The ECBA is counting ongroups like UB Law to assist them in this effort that truly directly affects people's everyday lives. Nonperishable food or money donations will be accepted on Thurs. Feb 2 through Tue. Feb. 7, from 10 a.m. to 2 p.m. outside Room 106. Checks may be made payable to TheFoodßank of Western New York. Donations can also be droppedof outsideDean Carrel's office, Room 312, at timeswhen the tableis not available to receive students contributions. (Thurs.) Feb.B{Wed.) No. 10 Feb. 17(Fri) Feb. 22 (Wed.) No. 11 Mar. 3 (Fri.) Mar. 8 (Wed) No. 12 Mar. 24 (Fri.) Mar, 29 {Wed.) No. 13 Apr. 7(Fri.) Apr. 12 (Wed.) August 12,1995 I FAX or Mail to: I I 240 Mercer Street New York, NY 10012-1558 ! I . Approximate dates of stay? I I FAX: 212-995-4033 - p hrom 10, I Name * Address State .City ■ Day | Phone ( Evening Phone ( Zip .__ ) ) I SB University is an affirmative action/equal opportunity institution New York A-5 • I Note: T,hs,Qpittisft w the official newspaper ofthe University al Buffalo School ofLaw andpublishes twice a month duringtheFall and Springsemesters. Deadlines are firm and late submissionsare subject to the publishing discretion ofthe Editorial Board ofThe - School'CompanyArfiliation �NEWS THE OPINION January 26, 1995 Professor Sheffer recounts work on Governor Pataki's transition team by Joseph Broadbent, NewsEditor Professor John Sheffer II described his recent work aspart of GovernorPataki's transition team as "an extraordinarily interesting experience" andas a goodbeginning to the new administration's approach to higher education. During a three-weekperiodin December, Sheffer served as a member of the transition team's Higher Education Committee, which issued areport to theadministration outlining the framework of issues in higher education and recommending specific proposals. Initially, the committee was fractured among thedifferentsectors of higher education with some members demonstrating "a clear anti-SUNY bent." By the end of the threeweek period, though, the divisions were overcome and the committee was able to issue a final repq/t that Sheffer describedas "rational Law profesorJohn Sheffer talkedabout his experience on GovernorPataki's transition team. and fair to SUNY." fiscal problems, whichhe believes it can be if any examples of specific Committee recomSheffer was pleasantly surprised thatthe mendations. He did state that thecommittee it can play a more active and collaborativerole committee's workfocused on substantive polwas not involvedwith theissue of eliminating in economic development. the NYS Board of Regents, an intentionPataki Although the formal work of the transiicy recommendations instead of merely rection team is over, Sheffer emphasized that ommending personnel appointments, which announced in his State of theState address. Sheffer had expected. According to Sheffer, the most discour- "follow-upis vital." He hopes thatSUN V and The committee issued its final report at aging aspect is the budget picture. Someofthe othersectors of higher educationwill followup the end ofDecember. The report contained a Governor'sbudgetpersonnel briefed the tranon the committee's report, which will involve number of specific proposals, most of which sition team andforecast a $4.5-5 billiondeficit working withthe Governor's educationassisSheffer said he agreed with. While the time for the 1995-96 fiscal year, a deficit Sheffer tant, who has not yet been appointed and who constraints didn't allow for theinnovativekind believes wouldhavebeenpresent regardlessof willplay a largerole in establishing theadminof approach he would have preferred, some who hadbeen elected Governor last Novemistration's approach to SUNY and higher edu"solid recommendations" were made. ber. The largedeficit will makefor a very tough cation in general. Sheffer personally plans to Sheffer statedthat two overall goals were situationfor everyone involved, including highkeep in touchwithother committee members fundamental to the committee's recommener education. and the administration in order to "flesh out" Sheffer stated that he has no doubt that the policy framework the committee estabdations: the goal of providing quality educathere will be a "tough budgetary picture" for lished. tionand the goal ofutilizing SUN V as apartner withthe state government. Due to the fact that SUNY in the Governor'sbudget whichis due Sheffer statedthatthecommittee clearly Pataki hasn'tannounced whichrecommendaon Feb. 1. However, he hopes thatPataki will didn't have enough time to address all the tions he would follow, Sheffer couldn't give see SUNY aspart of thesolution to the state's issues adequately. However, far from being a wasted effort, the committee's work was a beginning and did establish somebasic policy objectives which canbe developed more fully by the administration. He hopes that the committee contributed to the Governor's thoughts about the issues and how to address them. WE'RE NOT THE BEST BECAUSE WE'RE THE BIGGEST WE'RE THE BIGGEST BECAUSE WE'RE THE BEST BAR REVIEW 800-472-8899 SRA warns facultyabout grade deadline byEvan Baranoff..Editor-in-Chief The Student Bar Association executive board told TheOpinion that they were sending a letter to all law faculty "to remind [them} about the i tnportance to thestudents of the timely submission of grades." The deadlinefor professors to handintheirgrades io A&R is Feb. 15. "Wewantthem [grades] notsimpiy for curiosity sake," said SBA President Ben Dwyer, "but because students have real needs, i ncluding employment needs, fortime- !y grades." "We want them[grades] not simply for curiosity sake,but because students havereal needs ...for timely grades. " -'SBA PresidentBenDwyer The letter (see page 4 for complete ng to Dwyer, is mandated by the SBA's bylaws because ofsomefacttl ty members' continued failures to meet the grade deadline, which this year Ls Feb. 15. Dwyer said the letter is "beefy" and not just a routine reminder about the deadline. In the letter, Dwyer cited specific examples where late grades hurt Students, j "...One student described how he had applied to another law school for admission to me-semesier visiting smdent pre tjram and wasrejectedsoley because his transaipt from UBLaw was incomplete." Dwyer explained in the letter. In addition to employment needs and transfer programs, Dwyerexplainedthat timely grades wouldalso helpstudent morale, as well asgivestudentsneededf'eedback, Dwyer text), accord! a. said. Dwyercondudedby asking the faculty effort to meet the Feb. 15 deadline." to "make every possible Barrister Ball to be held March 4 by Evan Baranoff, Editor-in-Chief Law students should start polishing off their dancing shoes because the Student Bar Association will be sponsoring its "Barrister's Ball" on March 4. The SBA's semi-formal, scheduled to start 6 p.m. Saturday, March 4, will be heldat theBuffalo Hilton, 120ChurchSt. in Buffalo. The dancedate was movedback from February because of time conflicts with other events. "The main goal is a school-wide social event promoting unity," said SBA President Ben Dwyer. The SBA announced its plans for the semi-formal at an informal SBA meeting held 5 p.m. Thursday, Jan. 19, in the SBA office. The event will include a sit down dinner, dancing and athree-houropen bar. Tickets will cost $20 and will be sold at a tableoutside the law library until a weekbefore thedance. Cash or checks will be accepted. The SBA will subsidize the event bykicking in another $ 10 perperson. Dwyer said that the event is not just for couples. "People shouldn't think that if they don't have a datethat they shouldn't come," he said. "Tons of people will be going stag." The event will begin with a cocktail hour from 6 to 7 p.m. Dinner will be servedat 7p.m. Students will have a choice of two different entrees or a vegetarian dish. After dinner, (here will be a two-hour openbar. At 11p.m., after theopenbar, students can gain free entry intotheHilton's night club, LeClub. 1994 BAR/BRI 3 D.J. Mike Setlock ofKixx Night Club at the Radisson Hotel will provide the dance music for the event. There are also tentative plans for a string quartet to play during dinner andalso for a comedian to perform. Veronica Rodriguez, first-year class director and the event's coordinator, said travel problems shouldn'tget in theway ofstudents from going to the event. "Ifsomeone doesn't have a ride, get in touch with an SBA rep and we'll make arrangements," she said. Barrister Ball revisited A) though alleged by the SBAIo bethe "first annual Barrister BalL" the Ball actually dates back to the law school's pre<- SUNYdays. According to the book "University at BuffaloLaw School: 100years,"whichwas published by the BuffaloLaw Sc Ik>ol Alum • ru Association, the "Banister Ball was an annual event during the 1920s and '30s. However, during World War M the dance wxs suspended because of an absence of male dance partners. In 194V, the Barrister Ballwas renewed by theSßAandcontinuedtobeheldannuaily through 1958. OnMarch 22,1969, the List consecu| live Ball was held at the Schraff"sMotorlnn in Niagara Falls. Campus unrest brought about by the Vietnam Warcaused the SBA to cancel the dance. The: SBA tried to revive the Ball in 1979 when the so-called "first annual" Barrister Ball was held at the Buffalo's Athletics Club. However, the dance never materialised into an annual event. Thus, the SBA's "firstannual" Barrister Ball is actually approximately the 42nd give ot lake a year -- additional research provided by PeterZummo �EDITORIAL THE OPINION 4 1 opinion _ ... Volume 35, No. 8 ._ XT Founded 1949 January 26, 1995 mßr . January 26, 100 199 Peter G.Zummo Managing Editor EvanC.Baranoff Editor-in-Chief EDITORIAL: Whose graduation is it anyway? The UB Law administration has recently decided to move the graduation from Alumni Arena to the new Fine Arts Center, and to change the day ofthe graduation from Sunday to Saturday. This year's commencement will take place at 1 p.m. Saturday, May 13, in the Fine Arts Center. Thereasons for the move are legitimate. First, theadministration wanted to avoid holding commencement on Mothers' Day Sunday, May 14; to do so, they had to change the location oftheceremony. Second, the Fine Aits Center seemedlike a classy place to hold the ceremony. So what's the problem? The problem is procedure: Graduating seniors were never asked what they wanted and never had the opportunity to give their input. Many students have expressed their disappointment with the change for one principle reason: Graduates will be limited to six tickets for guests. Unlike the virtually unlimited seating capacity at Alumni Arena, theFine Arts Center onlyseats 1,800; thus the reason for the ticket limitation. However, the point is not anymore whether theFine Arts Center is a good place to hold commencement or whether it should be held in Alumni Arena or outside at Baird Point. According to an associate dean, the decision is "cast in stone." The point isthat the graduating seniors were excluded from the decision-making process, and theblame must be shared by theadministration, the StudentBar Association, and, yes, the graduating seniors themselves. Theadministration decidedthat it doesn 't matter where the students might have wanted graduation to be held. One administrator explained that since the university pays for itandthe administratorsdoall thework for it, they should make the decisions about the time and place of graduation. We find this argument disingenuous. If the "university" ispaying for it, we are paying for it. Students pay tuition. Students (and their families) pay thousands of dollars i n state taxes. This is a public university, and we are the public. Like it or not, in a sense, employees at the university work for us. And if they have to work at the graduation, so what? They are collecting a pay check every two weeks; so what's the problem? It is the students' graduation— not the administration's. According to SBA President Ben Dwyer, the commencement reception is paid for by the SBA, again from our student activity fees. Let's end this argument right now, and put it out with the "recycleables" where it belongs. The administration is not entirely to blame. To theircredit they didraise two valid points. First, Marie McLeod sent third-years a memo explaining the change in location and the ticket limitation, and requesting that students that have a problem should contact her office. No student ever did. According to McLeod, six tickets shouldbe sufficient for most students, and extra tickets can be obtained from students who don't need all their tickets, or from the 20 to 30 students who generally don't attend the graduation at all. Another administrator added that no students offered any input last semester when plans were being finalized. Well, how could they when they didnot know what was going on. Which brings us to the SBA's part in this situation. See THEEDITORIAL, continued onpage 6 STAFF Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: Joseph Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: Len Opanashuk Business Manager: Assistant editors:News:John Federice; Editorial:David Zammielloj/Vioro.' Molly Kocialski; Graphics: David Leone; Business: Eric Dawson and Jake Santos. Beat reporters: SBA: Steven Dietz; CDO:Daniela Almeida-Quigg; Alumni: Shelley Chao; Downtown: MichaelKuzma. Contributing Staff: Michael Chase, JimGerlach and Jeffrey Weiss. Computer consultant: Peter Beadle Stabilizing: Guts, glory and ego Destabilizing: Newt, Billand OJ. The Opinion isanon-profit,independent,student-ownedand run publication fundedby the SBAfromstudent lawless. TheOpinion. SUNYAtBuffaloAmherst Campus, 724 JohnLordO'Bnan Hall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is publishedevery twoweeksdurintjtheFalland Sprint? semesters. It is thestudentnewspaperoftheStateUniversity ofNew Yorkat Buffalo.Schoolofl.aw. Copyright 1995 by The Opinion.SBA- Anyreproduction ofmaterialsherein is strictly prohibited without theexpresscoasenlof theBdj tors Submissiondeadlinesforletters tothecdilorand Perspcctivesare 5 p.m. ontheFridaypnxedingpublication. Advertisingdeadlines are6p.m. on the Fridayprecedingpublication. Submissionsmay eitherbe sent toTheOpinionattheabovenoted address, dropped offunderThe Opinionofficedoorfroom724 0' BrianHall),or placedinBox#loor #280on the third floorofO'Brian Hall. All copymust be typed,doubled-spaced,andsubmitted on paperandonacomputerdisk(IBM- WordPerfect). Lettersare best when written asapari ofa dialogueandmustbenomore thantwopages double-spaced.Perspectivesare generallyopinionarticles concerningtopicsof interesttothelaw schoolcommunityand must benomore than fourpagesdouble-spaced. The Opinionreadsandappreciateseverylelterand Perspective we receive: wereserve theright to editany andall submissionsforspaceasnecessary andalsoforlibelouscontent- TheOpinion will not publish unsignedsubmissions. Wewillretum yourdisks to yourcampusmailboxor toaprivate mailbox if aself-addressedstampedenvelope is provided. The Opinion isdedicated to providea forum forthe free exchangeof ideas. Asaresult, the viewsexpressed in this newspaperare not necessarily thoseoftheEditors orStaffofThe Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, orofthepress;..." —TheFirst Amendment <• o21l — 3r - - OpinoMailbox An open letter to the law faculty: Timely grades are important Dear U.B. Law Professor: Onbehalfof thestudentbody of theU.B. Law School, we respectfully write to remind you about the importance to students of the timely submissionof grades. We recognize that each semester most professors submittheir grades to Admissions and Records before theLaw School's grades deadlineand thatthis semester most will have done so by the February 15 deadline. We appreciate this and thank thoseprofessors. Regarding thelate submissionof grades, we realize that professors' schedulestend to be rigorous and thatthe carefulreading ofscores of lengthy essays is no easy task. We understandthat an extraordinary workload in a particular semester may makeit impossible for a professor to follow the deadline strictly. Nevertheless, on behalfofthe many students whoask that we do so, we would liketo take this opportunity to remind you of the importance to studentsof timely submission. The significance of the deadline to students goes well beyond the usual curiosity about one's grades. Late grades may have real impacton students' employment andadvancement opportunities in the real world. Last May, the Student Bar Association surveyed departing 3Ls regarding how late grades hadhurt them. One student described how he had applied to another law school for admission to a one-semester visiting student program and was rejected solely because his Law was incomplete. His transcript from March 1994letter to the Opinion describing the incident is attached. Another wrote that she waited eight months for a practicum grade from a professor who had theevaluationfrom the on-site supervisor during thattime. During the time that the transcript was incomplete, she sought employment but felt that the incomplete transcript hurt her credibility and dependability in the eyes offuture employers and consequently her employment opportunities were "compromised." Another student interviewing in March, with a transcript acquired at that time but with only two grades from the previous semester,reportedhaving to endure comments from the potential employer "to theeffectof'whatkindof school do you go to anyway?'" Finally, late grades hurt students' morale. One reported that he or she received only one "H" in the first semester of law school, butbecause it was postedso late in the second semester, he or she had trouble getting motivated in thesecond semester without themoraleboostthatthe H wouldbelatedly bring. We hope thatthese examples convey the real impact on students and that you will make every possible effort to meet the February 15 deadline. Thankyou. Sincerely, The Student Bar Association Executive Board: Benjamin Dwyer, Leslie Machado, Elizabeth Jewett and Adam Easterday Write to The Opinionl Ifyou have an opinion on anything published in our newspaper or on any currentevents topic that concerns the law school community, write All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced, and submitted onpaper and on a computer disk (IBMWordPerfects. 1 format). The Opinionreserves theright to edit any and all submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to TheOpinoffice ion or place them eitherbox 10or 280. The next submission deadline is Feb. 3 for the Feb. 8 issue. Correction: Reporter Michael Kuzma wrote the Dec. 7 article "County presses ahead with new courthouse plans." �THE OPINION FEATURES January 26, 1995 5 Group Spotlight:Law and Technology Issues Society FEATURES Group keeps up as technology marches on by Mike Chase, Reporter UBLaw's first group to discuss how advancing technologies affect law has just been formed, and will kick off this semester with activities designed to enlighten and educate the entire UB community. The Law and Technology Issues Society, or L.A.T.I. S., will bring together students interested in intellectual property/copyright/patent law, biomedical law and ethics, information technology and access, and will teachstudents how to usenew technologies like theInternet. L.A.T.I.S, established last semester, was recognized and granted some funding by the Student Bar Association. It brought its first speaker to the law school, Kathleen Terry, M.S, J.D., on Dec. 1. Terry spoke about patent law in different settings, and sharedsome ofher experiences as Director of Technology Transfer forÜB. "We're planning other speakers to speak on copyright and intellectual property issues, as well. More awayfrom job prospects and more towards theoriesand emerging fields of thought," says L.A.T.I.S. Co-founder Craig Hurley- Leslie, IL. But L.A.T.I.S. is aboutmuch more than bringing speakers to thelaw school. With more than 30 members, thegroup also plans to begin training law students during the week before their first class. Hehopestobeginnextsemester. L.A.T.I.S. Craig Hurley-Leslie, IL on how to use theInternet. The members will volunteer their time to traingroups in the law school. "The idea is to empower groups here on campus to use this resource, the Internet. It's becoming the marketplace ofideasofthe9o's. If you'reon-line, you have access to a lot of information and discussion. So by putting these groups on-line, it opens that up to them if they're not already there," says Hurley-Leslie, who notes that the National Lawyers Guild is an example of one of those groups that already uses the Internet. Hurley-Leslie, who is also the interim President of the Society, is also tryingto workwiththelaw schooladministration to start training incoming lL's guesses the Society president. WhileL.A.T.I.S. is aiming most of its activities at law students, the group is opening itself to the entire UB community. It is, after all, a Society focused on discussing issues which will face everyone. Hurley-Leslie envisions active involvement from more than just law students."The [Society'sproposed] constitution provides for and anticipates having participation from the computer science department, the philosophy department, for example. It affects more than just the law school." He adds that he hopes others will attend, "so you don't justhavebunch oflawyerssaying,'we've got this precedent, we'll just apply it to the new technologies.' Well that may not always work." he said. "One of the ideas ofthe groupis to say, if precedent doesn't work, wheredo we look to?" is also trying to foster interaction among UBLaw studentsby setting up an on-line news group on Internet, which will allow ongoing discussions. "You could easily log on and have a discussi on about your Contracts cl ass, for example. You could post questions that you'drather not ask in class. It's try ing to deformalize it a bit," explains HurleyLeslie. Thefocus of the Society's activities this semester will be a Legal and Ethical IssuesandlnformationTechnologies Symposium, to be held on a Saturday later on in the semester. Hurley-Leslie hopes to bringspeakers from theElectronic FrontierFoundation, a Washington, D.C.-based advocacy group which dealswith information privacy and access issues, from the Democratic Communications Committee, a branch oftheNational Lawyers Guild, andfrom theAmericanCivil LibL.A.T.I.S. will holdits first meeterties Union, ing of this semester onThursday, Jan.26, » "We're still getting the funds to- at 3:30p.m. inßoomlo6ofO'Brian Hall, where the group will holdelections for gether for it," adds Hurley-Leslie. all offices, form committees, andseek to Fund-raising for L. A.T.I.S. wil 1begin within a couple ofweeks. The group officially ratify its constitution. Queswill be selling an Introductory Guide to tionsabout the Society canbe directed to the Internet, written by Hurley-Leslie, Craig Hurley-Leslie, Box #700, email which will include a disk full of useful (chl@acsu.buffalo.edu), or co-founder softwarefor studentswho want to get onChris Dubrule, Box #654, e-mail line. "It will probably cost around $5," (voB3m97a@ubvms.cc.buffalo.edu). Kobe quake survivor, continuedfrompage 1 20 minutes away, were largely unaffected. On Thursday, Dalfonso leftKobe and flew to Toyko and stayed with a friend before returning to the U.S. on Friday afternoon. But even on the plane home, she felt that she had to do something for the citizens ofKobe. "They were so great to me. I had to do something for them," shesaid. "Ifyou could have been there and seen the devestation. Anyone whohadbeen there and had seen it would do the same" Days after landing, she established a fund for the people of Kobe. She emphazised that all of the money collected will go directly to Kobe. Volunteers are running the collection efforts and local banks and UB are donating equipment andsupplies. So far reaction has been positive. The Japanese Student Association is collecting donations at a table in the StudentUnion. Dalfonso is also asking theStudentBar Associationand the InternationalLaw Society to help. Dalfonso is optimistic about the future of Kobe. She said that the Japanese, although quiet and reserved, are very resilient and community minded. "After the earthquake, the outpouring of concernwas incredible. People who before didn't even talk, were opening up theirhomes for eachother." She plans to return to Kobe in two years onceKonan University is rebuilt. In spite ofthe earthquake, her opinion of Japan has not changed. "Everyone apologized. They asked me not to have a bad image of Japan because of what happened." Kobe Fund RelDisasiterf Photos by LisaDalfonso Thank you foryourconsideration SponsoredbytiieJapaneseStudentAssociation and the KobeDisasterReliefFund. �THE OPINION 6 Whose graduation is it anyway, eontinuedfrompage 4 The administration's excuse forstudent input was a discussion Without conducting any surveys ortakingany formal measures redetermine whatthefeelings ofthe third-year students were concerningcommencement. Dwyer unilaterally decided that the Fme Arts Center would be the best place for graduation. Dwyer never mentioned the commencement plans at any SBA meeting last year nor did he inform The Opinion that he discussed such plans withfhe administration. Talk about representative and responsive government in action. With an SBA Executive Board made upentirely of2L's. wouldn't itmakesense to ask the third-year students? Dwyer had an obligation to inform the senior class of the progressofthe commencement plans and toelicit input from them. Itis their graduation,isn't it? As a directresult ofDwyer's actions, third-years were denied any input into their graduation's time, date and place. ! n his defense,Dwyer stated (hat he did not take &tty surveys because students never respond to them. Well, if you hand a three page survey to a student who is try i ng to balance looking for a job, working at a job, and keeping up with law school and life, he is probablyright. Buta simple oneline, one question survey- Where do you want the graduation held? would in our opinion have produced a credibleresponse. At this point, however, it is probably too late to effect any changesinthisyear'splans. But, lL"s and 2L'sshouldbe onnotice, don't presume lhat the SBA will protect your interests. It's not too late for seniorsto have a say about speakers. As of this date, there is no keynote speaker for graduation. Most prominent speakers make their arrangements at least six months in advance. And for a May commencement, probably even longer. Seniors, scratch the Chief Justice,the President and any one else of any consequence off your list. Seriously, if the SBA doesn'tgetits act together, the local Highway Superintendent may start to look good. Students, ptessure tlu SBA to star, moving. Attend the SBA meetings and let your views be known. Take charge of your wjth SBA President Ben Dwyer. - graduation. First-and second-years can also learn from thisandmakesure their opinions are not only heard, but heard in time to make a difference for future graduations and for all issues affecting them. The students must realize that the reason administrators and SBA leaders aren't interested in student input is because students haven' t been taking the time to make their feelingsknown. Students can only break this cycle of indifference by speaking up. Silence is not golden, but in fact dangerous. The students* silence on issues affecting them will cause others to make decisions for them, and they'll have no one to blame but themselves. - FEATURES January 26, 1995 Stream of Unconsciousness Features Editor By Sam Chi Flannel Bowl Brawls It's Super Bowl ti me once again, and everybody seems to be thinking about pig skins, gridirons and the quarterback sneak. And even though Buffalo has nothing to cheer about this year, it can take solace in that Dallas doesn'teither. But along with thispreoccupation withthebig game comes the niggling notion, held by a secret few, that football is just too violent. The trouble is anyone could covertly hold such a treacherous thought. It could be your significant other, a professor, apinko newspaper dude-any onecoul dright no w be surreptitiously plotting to curbviolence in football. And if you doubt their ability, look what people like them did to gladiatorial combat. A once proud contest to the death has been reduced to nothing more thansteroid users tossing tennis balls at each other on television. Pity. In fact, I had the recent opportunity to infiltrate a pocket of these folk. Furtively posing as the mild manneredmemberof the"MenWho Wear Skirts Club," I was readily abletoentertheinnersanctum. The meeting began witha rousing rendition ofthe Barney song, after which the group started to discuss the violence thing. But the conversation wandered a bit and the group discussed the athleticism of crochet and the finery of needlepoint. The needlepoint conversation actually grew quite heated. The heart of the controversywas whether curves were betterrendered withapush-pull stitch or a modified zig-zag. The debate waged on until finally the group's leader—some actor namedßradPitt—decidedenoughwas enough and came up with a solution totheviolenceproblem. Ashestood up to speak, theroom fell silent. The only things heard were thesound of theracing heartsandthe heavy breathing of drooling women. (Some ofthe men were also transfixed—not that there's anything wrongwith that.) The actor's solution was to makeall the players and thecoaches wear flannel pajamas. After all, no one wearing flannel pajamas could possibly be mean or nasty. Flannel pajamas withtheir warm, cozy, fuzzy comfort could melt even the most homicidal of tendenciesintosyrupy, psychological mush. Furthermore, anyone wearing flannelpajamas just looks sort of silly, and what cold, despicable soul could possibly hit someone wholooks silly. Just imagine an6'-6", 300pound lineman in flannels withfooties. It doesn't get any sillier than that. -Inducing silliness and a tranquil, blissful euphoria couldgofar in curbing football violence, or so the groupreasoned. Needless to say, that was one meetinglwasgladtogetoutof. Not only did it leave me bewilderedand a bit unsettled, the skirt was drafty. Besides, thewholepoint offootball isfor the players to hiteachotherand inflict as much pain as possible. Moving the ball, scoring points, they're justancillary things that one has to deal with. Back when they broke Theisman's leg, that was art. To take the violence out offootball is kind'a like taking the cream out of Oreos.. Sure it's still a cookie, but what's the point? As much as I disliked the meeting, perhaps the group was on to something. As one who wears flannel pajamas, I agree that they are, like, mondo cool, and I admit I do looksillywhenlwearthem. Imagine all ofthe surly people whoseoutlook on life could improve. Take, for instance, yourrelationship. Imagine how cozy and wonderful it wouldbe to exchange flannel pajamas on Valr entine'sday. Skip the flowers, skip the chocolates, skip the promises you don't intend to keep. Flannel pajamas, that's the ticket. Or what about U.S. customs agents. Customs officials are just not fun. On a recent trip back from Fort Erie, I was a guest of the U.S. Customs Service. There I was, a man withouta country. I discoveredthat customs officials have no sense of humor. Perhaps if we made gray flannel pajamas their uniform, they wouldn't pester us. Naw, I guess even flannel has its limits. As a final note, I have to come clean and admit that some of this stuffisn'tactually guess it couldbe a tad irresponsible of me to pitch it. But heck, if Rush Limbaugh can get away with it, I suppose I can too. Why shouldhe haveall the fun? SUMMER LAW STUDY in Dublin London Feature column: Getting our grades? The timeless wait by Jim Gerlach, Reporter I must have had the same conversation a dozen times in the past two weeks. Nearly every family member or friend I run across has the same question. Thediscussiongoes something like this: "How did you do last semester?" "Well, the exams weren't as painful as I thought. I haven't been kicked out of law school yet, so I guess everything went okay." "Right. Okay. Butwhatgrades did you get?" "I don'tknow theexamshaven't been graded yet. I should find out some time in February." "February?!? How thehell can they get away with not giving you your grades untilFebruary? That's ridiculous absolutely ridiculous!" At this point the conversation took a strange twist; I ended up defending a system I don't understand. "Well, the exam period didn't until Dec. 23, there wereacouple end of holidays to deal with, so February really isn't that bad." This answer placated no one. "It's a law school thing, you — wouldn't understand. Can you believe the Chargers are going to the Super Bowl?" Dodging thequestion worked about two-thirdsofthe time. When this approach failed to work, I replied "The professors are tenured and they're state employees. They can get away with murder." While this statement is an obvious slur, and probably without justification, it was nevertheless met withnods ofunderstanding. As the conversation drifted to the Super Bowl, I realized I had absolutely no idea when to expect my grades. I learned that grade reports are never mailed out. Grades are posted as soon as they are received andrecorded. According to law school Registrar Karen Waltz, grades are due from professors on Feb. 15. Contrary to popular belief, most professors meet the deadline. The faculty members who are late usually missby a day or two, but in some extreme cases, ithas dragged on intomonths. Waltz didn't name the stragglers, stating she did not want to get into a "Connie Chung thing." But she said Professors Newhouse and Del Cotto usually submit grades early. Professor Newhouse was sympathetic to student concerns about when they would receive their grades. The question he believed was a timeless one. He saidhe had the same concern as a student at the University ofMichigan. To verif;y that the UB grade time line was really no different thanany other school, I conducteda non-scientificstudy ofseveralother northeasternlaw schools. Longdistance telephone charges were a prime consideration inselecting law schools. At Syracuse University, fall semester law school grades are due five weeks from thedate of the last exam. (For anyone wondering, five weeks after thelast UB exam is Jan. 27) Like ÜB, grades are posted as they are received unless the professor specifically requests that they be posted on theduedateandno earlier. Albany Law School requires grades from professors 30 days after thelast exam (Jan. 22, here) andalso uses a posting system for grade notification. ' Thefurther east I inquired, the more stringent the standards. Fordham required professors to have their grades in three weeks after the last exam (Jan. 13 here. Just think, you couldhave had your hopes and dreams shattered a week after returning toclass). Fordhamboth posts and sends grades out. I even contacted the most exalted of law schools, Harvard University, wheregrades are due Jan. 26. Gradereports are handed out to students in mid-February, although most professors post their grades on or about thedue date. All the schools contacted reported that most of the professors meet the deadline, although they usually have a few stragglers. Several of the registrars' offices were also interested in the data collected andwanted to know what ÜB's deadline was. Upon supplying theinformation, theresponse fromFordham gave me a feeling of deja vu. "Feb.ls?!? How can they get away with that?" After some silence on my end of the line, I replied, "So, do you think theChargers can beat the point spread?" Oxford Paris San Diego FOREIGN LAW PROGRAMS SCHOOL OF LAW UNIVERSITY OF SAN DIEGO 5998 Alcala Park San Diego, CA 92110-2492 t JKJ)University of 6an DiegD The next issue ofThe Opinion will be our Valentines 'Day issue. Anyone that wishes to submit a personal can drop one off in box 10 or 640. Deadline for "Love Blurbs" is Feb. 3. I Assistantfeatures editor wanted. |CallSamatx2l47 or drop a note in box 640. (Bring this ctwpon!) ■ j j i■ �THEOPINION January 26,1995 7 New York Summer 1994 Bar Exam Candidates Total Takers: 7737 5643 2094 BAR/BRI Enrollees All other bar candidates BAR REVIEW New York's Largest and Most Personalized Bar Review �January 26,1995 THEOPINION 8 { \Jm li BAR REVIEW 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Due to the positive response to our fall scholarship program, BAR/BRI is again offering scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Recognizing the financial hardships that graduating law students face, we are offering these need-based scholarships to aid selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships for 1995 law school graduates. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a commitment for full-time employment by May 15, 1995. You need not be a current BAR/BRI enrollee in order to apply for this scholarship. However, you must be enrolled in BAR/BRI for the scholarship to be applied toward your tuition. Your letter should be no more than one single-spaced typed page and should be returned to - the BAR/BRI New York office Attention: Scholarship Committee, by February 17, 1995. Students will be notified of their scholarship award by the end of March. These scholarships are not assignable and will only be honored for the bar exam in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-01-26 Alternative Title An alternative name for the resource. 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See story on page 5, Bringing theissues to thestudents since 1949 THE OPINION Volume 35, No. 9 February 8,1995 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW Tuition set to jump at UB Law * ¥™\ J 1 J .d.l • byPeterZummo, Managing Editor GovernorGeorge Pataki' sproposedbudget "presents problems of historic proportions forSUNY" and J. v. • /»» t y-j • » Highlights ofPataki's proposedbudget cuts Education: I •Freeze state aid at last year's leveis. I �Cuts aid for most school districts by for busing and building aid I ■ •Eliminates 329 jobs in the state Education Dept. Higher Education: I •$25 million in cuts for this fv. •$290 millionlnss(3l.s%) inSUNYhudget I students reduced for eliminatedfor undergraduates; graduate •TAP •Eliminates theEducational Opportunity ProgTam may prevent the law school from implementing its New Curriculum plan, according to the law school dean. "This [the proposed budget] result will in a fundamentalchange theway the university doesbusiin said UB Law Dean Barry ness," "Students are looking at Boyer. tuition, higher higher fees andfewer I Medicaid: I •Requires managed care for 17million Medicaid recipients by 19% I •Reduces state payments to hospitals by $307 million •Eliminates dental services, audiologists, and clinical psychologists I I Welfare: I �Cuts Home Relief by 25%; disabled persons cut by ls% •Imposes a 90-day limit on Home Relief Benefits •Cuts 15% for Aid to Pami lies withDependent Children(AFPQ programs." Pataki's proposed budget for the new next fiscal year will cut SUNY'sstatefundingby $73.5 million. This cut is in addition to a previously announced reduction of $25 millionorderedby thegovernor for the current fiscal year. Next year's budgetwill reflect a totalbudget reduction of$290 million, representing a decrease of 31 percent in state aid, a spending level reminiscent ofthe 19705. Thes29o million figure includes the recommended mandatedrevenue increases (i.c- tuition, fees) and the budget reductions. Boyer said that he had never seen cuts of this magnitude proposed before. "There will be fewer resources, [and] less access to programs. A tuitionincrease is a better bet than the 49'ers in the Super Bowl." The sizeofthetuitionincrease 1 [ has not been established yet, but reports of a $1,000 increase are already out of date. "Tuition may go up $2,000 a year," the dean said. "Right now weare looking at everything in thebudget: tuitionincreases and cuts in spending and programs." SUN V Chancellor Thomas A. Bartlett confirmed last Friday that in addition to tuition increases and layoffs, the cuts will force SUN V to consider eliminating or reducing programs, admitting more studentsand consolidation or eliminationofsome campuses. Reports surfacedover theweekend thatSUNY wouldraise tuitionat thefour university centers (ÜB, Stony Brook, Albany and Binghamton) by $1,800, while raising the tuition at the remaining campuses $1,000 per year. This increase would generate approximately $199 million in new revenues. The AssociatedPress reported that in addition to the tuition increase, 1,800 faculty and staff would have to be laid off in order to reach Pataki's budgetary goal. The Tuition Assistance Program (TAP) would be reduced for undergraduates and eliminatedcomprofessional staffcosts (due to smallfor and time er individual class sizes which will graduate part pletely students. Pataki also proposed the require more faculty to teach them) elimination of the Educational Opand the obvious decrease in tuition which revenues due to the smaller enrollportunity Program (EOP) financial and academic gives sup- ment. lowerincome students. Plans were in theworks forthe port to appointment of an additional four New Curriculum Threatened professors for next semester; in fact, In developments that directly offersofemployment for two profesaffect the law school, theNew Cursors had already beenmade. It is not riculum may not be implemented in yet clear if these offers will be honSeptember as planned, thedeansaid. ored,although Boyer statedthat even The new program called for a if theNew Curriculum is not implereduction in theentering class to 210 mented next semester, the additionstudents, divided into two sections. al professors could be assigned to Thereduction in thenumber of enterteach in areas that are currently unstudents would the law deserved, such as CommercialLaw. ing impact school in two ways: An increase in See TUITION JUMPpage 3 Vacco tells UB Law alumni about his vision forAG office byJosephBroadbent, Asst. News Editor In a speech before the UB Law Alumni Association last month, Attorney General Dennis Vacco spoke about his beginnings at UB Law and his vision for the Attorney General'soffice. Vaccobegan by talking abouthis repeated references during last fall's campaign to his "roots in upstate New York." Those roots include not only his ethnic and geographical background, but also his legal roots, including his education at UB Law, which he said "provided so much to him" throughout his career. Addressing a crowd composedprimarily ofUBLaw Alumni, Vacco praised thelaw school, stating that, "butfor it, we wouldn't play therole in the legal profession that we play today." Vacco said he sees his position as an opportunity to give back to the law school. After his election, Vacco 1ookedback to what former Attorney GeneralRobertAbrams did whenhewaselectedinl97B. When henoticed that UB Law had not been represented on Abrams' transition team, he decided to appoint DeanAlan Carrel andProfessorLucinda Finley to his transition team to ensure that the Attorney GeneralDennis Vacco 1aw school wouldberepresented. Summing up his role as attorney general and UB Law alumnus, Vacco stated that"while I am the lawyer for all the people ofNew York State, I have a particular interest in being an advocatefor my law school." He went on to relate how UB Law, especially its Trial Technique program, played an i mportant role in his career as aprosecutor and, now, attorney general. Through the program, he met Joseph McCarthy (who was hisinstrucmore significant role in making our streets tor and First Assistant District Attorney at the safer," a vision that drew much criticism that time). He said he was inspired by watching he was "above the law" and that the vision McCarthy in the courtroom and that it was couldn'tbe achieved. He explained thathe spoke the message, McCarthy whoconvinced him thatheshouldbe on the career path to becoming aprosecutor. which came from his career commitment to Turning to theworkof the Attorney Genhelping crime victims, because hebelievedit eral's office, Vacco proclaimed that"there's and meant it. He went on to say thatwhat was no doubtthat GovernorPataki is committed to lost during the campaign was thatherecognizdownsizing the state government." Vacco es thatthe Attorney General's office can have told the governor that he is committed to a real impact on thelives ofNew Yorkers not downsizing the State Department of Law, only inpublic safety, but other areas such as consumer law, theenvironmentand antitrust. "provided theDepartment's workisn't diminished as a result" and suggested there were While he wasn't able to address all those issues areas where cuts could be made without imduring the campaign, he reiterated that he is pairing the Department's professionalism or "committed to pursuing those other areas as function. Prior to Pataki's release of the state much as public safety." Vacco added that hecomes to the Departbudget, Vacco had made an allowancefor a 5 percent reduction in the Department's budget ment not as a career politician (this is thefirst if necessary.Hetoldt heaudience that cuts and public office hehas held), but as someone with downsizing canbe accomplished without imexperience in managing a government office, pairing the functions ofNew York's institunamely the U.S. Attorney's office for the tions. Western District ofNew York. He hopes to Next, Vacco talkedabout how, during his exhibit "professionalism, competence and campaign, one of the"visions" he had for the pragmatic balance" as he represents the peoAttorney General's office was for it to "play a ple ofNew York. �2 February 8,1995 THEOPINION PIEPER FREE MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR FEBRUARY MPRE EXAM ***NOTE: AH classes will run from 9:00 a.m.-5:00p.m. LIVE Lecture Amphitheater, Main Floor Sunday, February 12, 1995 Fashion Institute of Technology •enter at 7th Aye. and 27th Street VIDEO-TAPE Lectures Saturday, February 18, 1995 ROOM ROOM ROOM ROOM ROOM ROOM ROOM Albany Law School Buffalo Law School Boston Univ. Law School Hofstra Law School A.N.A. Hotel-Wash. D.C. Syracuse Law School Tulane Law School Sunday, February 26, 17 210 O'Brien Hall 1434 238 to be posted 148 Melvin Hall 151 VIDEO-TAPE Lecture 1995 Amphitheater, Main Floor Fashion Institute of Technology •enter at 7th Aye. and 27th Street ~Wa/k-ins are welcome or call 1-800635-6569 ro reserve a sear. No Matter what Bar Review Course you are registered for!!! Test Date: March 10, 1995 Regular Application Deadline: February 10, 1995 Late Application Deadline: March I, 1995 VALENTINE'S DAY SPECIAL ***THIS OFFER BEGINS ON FEBRUARY 12,1995 AND ENDS ON FEBRUARY 18, 1995*** ONE: REGISTER FOR PIEPER-> RECEIVE $150 OFF (THIS MAKES YOUR COURSE PRICE $1345) TWO: REGISTER WITH A FRIEND-> RECEIVE $200 OFF (THIS MAKES THE COURSE PRICE $1295 EACH) THREE: REGISTER WITH 2 FRIENDS->RECEIVE $225 OFF (THIS MAKES THE COURSE PRICE $1270 EACH) IF YOU HAVE ALREADY REGISTERED WITH US, THEN REGISTER ONE FRIEND AND WE WILL DEDUCT ANOTHER $50 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $150 OFF! WE DIDN'T FORGET YOU! SIMPLY RETURN YOUR APPLICATIONS AND DEPOSITS TOGETHER AND WE WILL CREDIT YOUR RESPECTIVE BALANCES. f I \ — if — A 1 „„ vToM I CALL 1-800-635-6569 FOR MORE INFORMATION or see YOUR PIEPER REPS!!!! PIEPER NEW YORK- MULTISTATE BAR REVIEW, LTD. THE EDUCATED CHOICE!!! CALL 1-800-635-6569 �THE OPINION NEWS SBA seeks input for new code of conduct by Steven Dietz, Reporter The Student Bar Association at their meeting Feb. 6 announcedthatby Friday they will submitrecommendations that will help to shape a new CodeofConductfor thelawschool. The new code, which is in the planning stages, willreplace a patchwork set ofregulations, said SBA Vice PresidentLes Machado. Machado said the purpose ofthe planned code was to let students know exactly what behaviors would be proscribed by the law school and what penalties would attach. "No matter what you are trying to establish as part of the code, you want something definitive," Machado said after the meeting. "You want something in black and white." Toassist theSB A in makingrecommendations, a survey was placed in student mailboxes Feb. 6. These surveys announced the proposed new code of conduct and solicited students' opinions as to what should go into them. These surveys shouldbe returnedbefore Friday, Feb. 10. Someof thebehaviors thatthe code may address would be stealing, plagiarism and sexual harassment, Machadosaid. Asked after the meeting whether a speech code was contemplated as part of thestudent code, Machado said thathe wasn't certainwhatwouldbe in the code because it is still in the planning stage. The law school faculty is expected to vote on a final version ofthe code at its March faculty meeting. BAR REVIEW M Funds for Semi Formal Approved The SBA voted unanimously, with one abstention, to allocate $2,900for thesemiformal dance to be held 6 p.m. March 4 at the SBA would try to convince the law school to contribute an additional $300 towards the expenses stemming from the invitation. Buffalo Hilton. Of this allocation $2,200 was to go to subsidize student tickets. The total cost per plate is$30ofwhich $ 10wouldbepaid by the SBA, leaving thestudent ticket price at $20 per SBA Budget "Snapshot" Released An update on the SBA Budget allocation was distributed to the SBA Directors at the meeting. The budget currently has an estimated $9,430 of which $8,000 is reserved as a "cushion." As there is also $3,000 in unallocated reserve, there remains a total of $4,430 thatis availablefor allocation, according to the document. The documentalso states that out of the $61,257presently allocated,only $10,260 has been spent or encumbered by the organizations. The document states that 96 percent of the lecture line was untouched. Dwyer said at the meeting thathewould contact thegroups to encouragethem to use the money to bring more lecturers to the law school. Recentplans ofone student organization to bringKateMichelman of theNational Abortion Rights Action League (NARAL) fell through when Michelman cancelled, Dwyer said after the meeting. RoomsAvailablefor Organizations Dwyer also announced that four rooms previously occupiedby theEconomics Department on the 6th and 7th floor of O'Brian Hall are being refurbished and will soon become available. person. The remaining $700 will be allocated among a dance D.J. ($300), a string quartet ($200) and invitations ($200). The original proposed allocation was $3,200, includings3ooforacomedian. However, plans for havingacomedian perform were dropped after a brief discussion. During this discussion, SBA directors expressed concern about the expense and speculated that the comedian's performance may detractfrom one of the underlying goals of the semi-formal, which is to permit law students to get to know and socialize with other law students they normally would not come into contact with. Desmond MootCourtAllocated $500 The SBA voted 13-1 to allocate $500 to the Desmond Moot Court so the boardcould invitethree taxj udges from Washington D.C. Thejudgeswouldjudgethe finalroundof the upcoming Mugel Competition on Feb. 18. The money wouldbeused forairfareand hotels. SBA President Ben Dwyer said that the 1500 Broadway • New York, New York 10036 • (212) 719-0200 3 February 8, 1995 • (800) 472-8899 Students still waiting for grades About half of law students' Fall semester grades have been turned m with a week to go before theFeb. 15 grade dead* line. Fotty*eight grades from a total of 94 classes (51 percent) have still not been posted on the third floor of O'Brian Hall outside the A&R o fSee. Last month, the Student Bar Association warnedthe faculty about t he i mpemJing grade deadline. In the SBA's letter to the faculty, SBA President Ben Dwyer eXpiained|"We -wantthem [grades! not simply for curiosity sake, but because students have real needs, including erriploymeM needs, for timely grades " ;^:^ The Opinion intends to publish the names of faculty membersthatfail to meet the grade deadline in its next issue. Vacco appoints UBLaw alumnus to head local office Michael Battle was appointed by New York State Attorney GeneralDennis Vacco to head the Buffalo office, thesecond largest in the State. Battle, a former assistant U.S. Attorney, will lead the 20-person office, the busiest office outside of New York City. The first attorney named by Vacco to head aregional office, Battle, 39, was director of the Public Defender's office in Buffalo's Federal Courts. He held that position since 1992, when it was created. Previously, he served eight years as Assistant U.S. Attorney under Vacco, and was staff attorney for the Organized Crime Drug Enforcement Task Force. A Bronx native, Battle no w 1ives in North Buffalo with his wife, Sheila and their three children. Source: Buffalo News, Jan. 26,1995 Tuition Jump, continued from 1 ****BAR REVIEW SCHOLARSHIPS**** Dear 1995 Law School Graduate: Due to the positive response to our fall scholarship program, BAR/BRI is again offering scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Recognizing the financial hardships that graduating law students face, we are offering these need-based scholarships to aid selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $150,000 in scholarships for 1995 law school graduates. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment, for full-time employment with a salary of more than $30,000 following graduation from school. The applicant further agrees to renounce the scholarship should he/she receive a'commitment for full-time employment by May 15, 1995. You need not be a current BAR/BRI enrollee in order to apply for this scholarship. However, you must be enrolled in BAR/BRI for the scholarship to be applied toward your tuition. The decision as to whether to go ahead withtheNew Curriculum is largely contingent on what is eventually decided at the SUNY Central level concerning how the reductions will be allocated, Boyer explained. In the past, cuts were evenly spread throughout the entire system. There hasbeen some discussion of targeting higher cuts at certaincampuses and programs. How this will affect the law school is unknown at this time. However, due to admission offersthat must go out to next year's class, a decision on theNew Curriculum will have to be made soon. "We have a one monthwindowof opportunity [to decideabout] nextsemester'sclass," Boyer explained. "A decision will have to be made by the end ofFebruary." Although theUBadministration hasbeen supportive ofthe NewCurriculum effort, Boyer saidhe doesn'tknow what will happen with the New Curriculum at this point. "Wehave been able to muddle by with other cuts," Boyer explained, "but these cuts go to thefundamental nature of SUNY." The governor's budget must still be approved by the state legislature. Boyer urged all students to write to the governor and theirstate legislators since the impact on the law school will be "fundamental" if the cuts go through as outlinedby thegovernor. Your letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office - Attention: Scholarship Committee, by February 17, 1995. Students will be notified of their scholarship award by the end of March. These scholarships are not assignable and will only be honored for the bar exam in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Please specify in your letter which state's BAR/BRI bar review course you are planning to take. Next Issue: Feb. 22; Submission deadline Friday, Feb. 17. r——————— ————— Got some news? Tell us! 645-2147 i �4 EDITORIAL February 8,1995 AS Governor, op \ THE OPINION MVj X PROKAIS6 ... Volume ~ 35, No. 9 n VT ' Peter G. Zummo Managing Editor Editor-in-Chief Brace for impact Higher tuition. Morefees. Larger classes. Fewer programs. Less access. Lower quality. These are theconsequences if GovernorPataki' s proposed budget is approved. The governor's proposedbudget threatens to kill SUNY as weknow it. The first casualty will most likely be UB Law's much anticipated New Curriculum. According to Dean Boyer, the implementation ofthe innovative plan may be shelved indefinitely. This isan enormous tragedy especially given the great excitement the New Curriculum has generated. Withthe highly competitive employmentmarket, the New Curriculum wouldhave given UB Law students an extra attribute and more skills withwhich to further their careers. Itsloss willonly hurtfuture studentsand do little to enhance the reputation ofthe school. A second casualty, and even greater tragedy, will be the loss of good students who will no longer beable to afford the cost ofhigher education. While weallknow that costs go up, a tuition increase of $ 1,800 is not a modest one. It may be the difference between being able to attend the school and having to forgo a legal education. Coupled withtheloss ofTAP, some students willbe faced with critical decisions about their choice of schools. While we must all do our part to get the State's fiscal house in order, the governor should not try to balance the budget on the backs of students. SUNY can and should do its part, but absorbing cuts ofthe magnitude thatPataki proposed would virtually eviscerate the university, leaving it a shell ofits former self. Students must do everything they can to fight Pataki's budget plan before it is approved by the state legislature. They must empower themselves by organizing a concerted effort to pressure the governor and the state legislators. Asthe only state law school, UB Law should not be targeted for massive cuts, especially now whenthe school was finally about to launch into the 21 st century. Students can makea difference. We propose thatall UB Law students phone the governor'soffice inAlbany tomorrow. You don't have to givea speech, just voice your outrageat the proposed cuts to the SUNY budget and askthat funding berestored forthe only state law school as it looks to enter the next century. If we bombard his office with phone callsand tie up his lines, he won't beable to ignore us. The governor's telephone number in Albany is (518) 474-8390. Students can also write their legislators and demand that they reject the governor'sproposed budget. Let Pataki and the state legislators know that UB Law students willnot sitidly by and watch the dismemberment ofa unique institution. UBLaw has served as the entry point into thelaw for many generations and preserving itis our obligation to future generations of students. STAFF : Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle News Editor: Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: Len Opanashuk Assistant editors:News: JosephBroadbent and JohnFederice; Editorial: David Zammiello; Features: Flora Chanand Mike Chase; Photo: Molly Kocialski; Graphics:David Leone; Business: Eric Dawson and Jake Santos. Beat reporters: SBA: Steven Dietz; CDO:Daniela Almeida-Quigg;Alumni: Shelley Chao; Downtown: Michael Kuzma. Slabilizing:Colorissue (c*tfe O/sl Voo XInTLCWoRtAy W know you H/W _, . „ Iftn, February 8,1995 Founded 1949 Evan C. Baranoff EDITORIAL: / , Destabilizing: Gov.PaUki'saxeaod domail The Opinionisanon-rmifitjndependent.student-cwnedandrunpublication fimdedbv theSßAfrom studenttowfees.TheOpinion, SUNYAt Buffalo AmheretGimpus, 724JohnLoidO BrianHall)Buffalo,NewYork 14260 (716)645-2147. The Opinion is published everytwoweeksduringtheFall andSpringscmesters.il is thestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1995 by The Opinion, SBA. Anyreproductionofmaterialshereinisstrictlyprohibited withouttheexpressconsent oftheEditors. Submissiondeadlinesforletters totheeditorandPerspectives aresp.m. ontheFridayprecedingpublication.Advertisingdeadlines are6p.m. on the Friday precedingpublication. Submissionsmayeither besent loThc Opinionat theabovenoted address, droppedoffunderThe Opinion office doorfroom724 O'Brian Hall), orplacedin Box#10 or#280on thethird floorof O'Brian Hall. All copy mustbe typed,doubled-spaced,andsubmitted on paperandon a computerdisk (IBM- WordPerfect).Letters arebest whenwritten asa part ofadialogueandmustbe nomore thantwopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterest lothelawschoolcommunityandmustbenomore than four pagesdouble-spaced. TheOpinionreadsandappreciatesevery letterand Perspectivewe receive:wereserve therighttoedit any and all submissions forspaceasnecessarvandalsoforlibelouscontent. TheOpimon will not publishunsignedsubmissions. Wcwillretum yourdisks to yourcampusmailbox orto aprivatemailbox ifaself-addressedstampedenvelopeis provided. TheOpinion isdedicated to providea forum for thefree exchange ofideas. Asaresult, the views expressed in thisnewspaperare not necessarily thoseoftheEditorsorStaffof TheOpinion. "Congressshall make no law ....abridging thefreedom ofspeech, orofthepress;..." --TheFirstAmendment Opinion Mailbox Public broadcasting deserves public support Republican leaders in Congress are trying to cut all federal funding to theCorporationfor Public Broadcasting (CPB), the federal agency thatdistributes grants to public radio and television stations across thecountry. Theyclaimthisreduction isnecessary to balance thefederal budget. Further, they charge thatpublic broadcasting has a liberal bias in its news coverage. While the denial of funding probably could not be considered a First Amendment violation, it stillhas thefeel of censorship. The elimination of funding would have a devastatingimpact on public broadcasting in general, including WBFO, the University at Buffalo's NPR News and Jazz Station. WBFO receives approximately $200,000 a year from the CPB. This money is used to purchase news and cultural programming from NationalPublic Radio, to provide local news coverage, to pay for locally producedmusic programming, andalso pay the costs associatedwithrunning a radio station. SUNY and theNewYorkState Education Departmentcon tribute 37 percent towards the cost, while listener contributionsmakeup 25 percent of the budget. For thepast hal f year, I worked as a Graduate Assistant at WBFO, and have seen firsthandhow thestation benefits ÜB. In lawclasses, loftenhear fellow students mention newsstories they heard on "Morning Edition" or "All Things Considered". While at the station, I answer phone calls from listeners interested in UB events because they heard about them on WBFO. People learn about jazz and other kinds of music they hear on the station, ormaybeaboutrepairing theirautomobiles by listening to "Car Talk". Public radio is educational in a sense the marketplace cannot provide. TheFederalCommunications Commission requires all radio and TV stations to broadcast "in the public interest", but commercialstations are more interested in maximizing their profits. That's the way you do business in the free market. They do this with programming that attracts the largest possible audiences so they can charge advertisers more for commercialtime. Advertising rates arebased upon thenumberof people listening or watching. Public stations do nothave thesesame competitive pressures. As aresult, they are free to provide alternatives to commercial offerings. Yes, we at WBFO wouldlike as many people as possible to listen, but our onlymandateis toserve thepublic interest. We do this by playing culturalmusic that most commercial stations would not touch. We cover local news by going intomoredetail then mostcommercial news formats allow, and NPR does this at a national level. In short, you cannot compare commercialand public broadcasting. Byprivatizing NPR, Congress wouldreduce this to anothercommercial offering, and thelowest common denominatorwouldprevai 1. WBFO's missionis more thanwhatyou hear on theair. This past semester, I co-taught a class called "Intro to Radio". Fifteen undergraduates learnedabout all aspects of working in the field. Fourof thesestudents are learning evenmoreabout radio by interning or working at the station this semester. WBFO has been a leader in posting informationabout NPR programs and community events on the internet. WBFO also offers free classical recitals every Wednesday evening, largely featuring local performers. These "Opus Classics" recitals are taped andbroadcast the following Sunday at Four. We are the only station toregularly feature theworkoflocal classical musicians. Wealso promote localart and cultural events on the air. Hopefully, this helps to boost attendance at themand benefits the organizations sponsoring them. Should WBFO lose its CPB funding, the station wi 11have some tough decisions to make. It isdoubtful that increased donationswould makeup for the loss of federal funds. This could involve cutting local news coverage, purchasing fewer NPR programs, or signing off overnights are amongtheotheroptions. Staffmembers will have to devote more of their weekly schedules to fundraising projects, meaning they willhave less time to spend on producing radio programming. At the national level, thefunding cut would also hurt the quality of programming. If fewer stations are able to purchase NPR shows, the network will not have as much money to produce them. Ifthe quality suffers at both the nationaland local levels, many listeners might stop tuning in and/or contributing. In an environment where donations are much morecrucial, the downspiral may not stop. Altogether, youpay slightly over one dollar ir in federal income taxes to support CPB. ic televisionreceives most of that. Only 29 cents goes to support public radio. This represents just 0.02 percent of the entire federal budget. CongressmanDavid Obey says what thegovernmentspends all year on public broadcasting would only purchase ten minutesof nationaldefense. The federal government supports public broadcasting, justas local governments fund publiclibraries. All taxpayers contributetowards them, regardless ofwhether they borrow books ornot. If users would like to make an additional donation, they can. The same principle holds for public broadcasting. We hope listeners feel strongly enough about our service to voluntarily make contributions,but ifthey cannotafford if, they are still able to enjoy the programming and theeducation it provides. Please write to your Representative and Sen-. ators and encouragethemto preserve public funding of public broadcasting. You can write to Representatives Bill Paxon, John LaFalce, Jack Quinn, andAmo Houghton c/oHouseof Representatives, Washington DC 20515orcall themat(202) 224-3121. You can reach SenatorsDaniel Patrick Moynihan and Alfonse M. D'Amato c/o U.S. Senate, Washington DC 20515, or call them at (202)225-3121. The bill is House Resolution 208: "A bill to repeal the statutory authority for the Corporation forPublic Broadcasting." Thank you X: BillßaffeUL �February 8,1995 FEATURES FEATURES 5 THE OPINION Love and Law School y Daring to dream the impossible Valentine s Day dream Pcial yifoneofthetwodoesn ByDanielaAlmeida-Quigg andMike Chase, Reporters (Editor'snote: Some ofthe names havebeen changedto protect the embarassed.] one has the same questions on their mind every day: When theheck are the grades gonna get posted? Am I going to have a job this sum- ■> twant scuss it." One second-year student,"Adam," not is dating anyone right now, but is lookingforsomeoneoutsideof law school. "I think that it is really difficult to be in aserious relationship andbe in lawschool at the same time. It's especially difficult ifyou dohave one andthenyouend it, and youhave to sit next to them in class every Is it easy to meet people outside of law school? "I'm from Buffalo, so I have friends in town and I think that makes a huge difference," says "Adam." So wheredo the rest of us go when we want to meet people? The New Pink Haven'twehadenough v already? But the one issue at theforefronthas got Flamingo, CPG,andtheSteerarepopular among lL's, but upper-class students don't have any suggestions forplaces to each other for one night, but meet non-law students. believe it was possible to have arelationship and be a law studentbefore coming to Buffalo. But it is. Dave, a 3L, is married, finds that the balance tween loveand 1aw is easily struck. "Weboth met out of college and were married a couple ofyears later. I think I anticipated pretty accurately what it wouldbelike [to be a married law student] and I think Robin did too. I study at home quite a bit, but sometimes you have to put thebooks asideand youj ust want to spend time with Leslie, a3L, is dating someone who she metbefore she startedlaw school. "I don'tfeel thatit washard to continue our relationship after I startedschool. In a lot of ways itmakes you more focused on both your relationship and school, individually. You are not in classes all day together, but you still want to see them, so you budget your time. Thenwhenyou do see them it's a complete release from school and you can really enjoy your- Kd your'squeeze'. "The hardest thing about being married andgoingto school, obviously, is having limited cash flow. But we have compensatedby having a lot ofnice time Not everyone shares Dave's optimism. Some people don't want to jeopardize theirlaw school career by dividing theirattention. And somejust don't think it's worth the time. "Sunny," a 3L who's not currently dating, feels that the prospect of a relationship withanotherlaw studentisn't so appealing. "I don'tthink itis impossible to have a goodrelationship, but I definitely think thatit wouldbe difficult. This is How about daily law school situa- really hard to bring new things to each other'slives when there is so much un- pleasantness." "Mary," a 3L, has been dating anotherlawstudentsince the summerbetween theirfirst and second year. "I think that it is easierto date someone who is in lawschoolbecause we'regoing through the same things at the same time. If I am wound up abouthow there are no jobs out there, heknows just what I am , tions? "He likes to compete with me, like say if one ofus getsanH andtheother a Q+, there's definitely some tension." However, shefeels thatthe biggest stress put on the relationship isn't the grades or Caroline, a IL, is singlebutcontent. "I think ifit wassomeone special enough, you'd find thetime [to make a relationship work.] Because I was going to law school, my boyfriend (of overa year)and Ibrokeup. Hewasgoing " We live vicariously through the out to get his M.B. A. and we knew that it was going tobe too demanding ofbothofustotryand see each other. He's about five hours away." Nor is Caroline looking for someone rightnow. "I don't think you should ever be out there looking forsomeone else. Hopefully if J the right person comes along I'll know it." So how doesshe findsatisfaction in See LOVE ANDLAWpage 6 livesofthecharactersofMelrose Place'and '90210', and that's all the relationship! need right now. It'sperfect because thatrelationship is only a two-hour commitment each week." - Caroline, 1L talking about." "The biggest down side is thefact that it's very difficult to planfor thefuture. The odds of one of the plans working out is hardenough, but to get two plans to work out, and to have those pi ans somehowbe , in the same area is even harder." the studying together, but trying to make future plans. "The stresson therelationship is the uncertainty for the future, : Stream ofUnconsciousness FeaturesEditor Valentine's Day? What's so happy about it? By Sam Chi Ah, that day of the year is just around the corner. Couples flitterabout holding hands and exchanging furtive smiles. Romance is in the air. Ah, that happy day wherepairs showereachother with flowers, chocolates, and repeat the mantra"Happy Valentine'sDay." Happy Valentine's Day? Well, what's so happy about it? J I admit it, I hate Valentine's Day. Lovey-dovey couples? what manner of imbecilic foolishness is this? This silly holiday, themisbegotten scionofHallmark andAmerican Greetings, this day when rancorous feelings within a pairbond are glossed over in a pitiful state of denial, the baser feelings only to resurface a mere day later. Yes, I'm pathetic, and yes, I B:r, ere was once a time when Valentine's Day was pretty cool. Girls were kinda' pushy back then. shopping. Be cheered by the fact you canbuy dozensand Valentine'sDay evolvedfrom these cutesy events dozens of dates there. Of course you'll have to take into things that require much more them out of their thought and trouble. first, but hey, Now it has become date is a date is a candies, cards, flowers, lingerie, dinner, Perhaps I flannel pajamas, and auld use this Vallittle statements of ntine'sDay to exnice love and affection. lore age-old quesYou knowtheones, the ons about me and tentativeand noncomx>ut relationships. mittal "I really like Here I am—a law you, but...,"the meek student, witty, elibut romantic "urn, of gible, and damn it, course,l,uh...uh,love | like me. people i you,"to the more conOh, who am I fident, but perhaps less romantic, kidding, I'm just a soppy wretch who secretly likes "oh sure, I'll still respect you in the sappy romance movies with happy endings. I'mj usttoo muchof a nice guy to have a meaningful, significant Being alone on Valenrelationship. I'm destined to forever be in the "friend ne's Day isn't that bad. Unzone." Never a date, just a friend. ittered by going to dinner or I mean, nice guys just finishlast. Women always >me other romantic pursuit, say that they want to date a nice guy. Well, people tell link ofall thefun you'll have me I'm a nice guy. So why can't I get a date? as you uh, wash your I've even contemplated doing that most last laundry. If nothing else, at ditch, desperate act—take out a personal ad. After much least you can have clean clothes next to your body. seeIHATE VALENTINE 'S Page After you do your laundry, you can go. .grocery Yes,Fm bitter; Fm pathetic, andyes, I dateless. Way back in elementary school. Thereeveryone tradedthose cheesy, cookie cutter cards that saidsimply, "Be my Valentine," and variations am thereof."You're fine, be my Valentine," "Be mine or I'll whine," and ray personal favorite, "Be mine or I'll break yourspine.' Women always say that they want to date a guy. Well, people tell me I'm a nice guy. So why can't I get a date? (Lorning." . ' .. . loxes 6 �6 FEATURES THE OPINION February 8, 1995 HappyValentine's Day The Roaming Photographer Opinion Love Blurbs This week's question is... I By MollyKocialski,. AssistantPhoto Editor Describe one of your Valentine's Days NY. I drove up to surprise him for the Valentine's Weekendand he unknowingly decided to go out with a groupfrom work. I sat outside the apartment waiting for him until Valentine 'sDay was long gone." Audrey Koscielniak CDOGuru Loveßlttrbsf Dearjoi: U, Uixs !>>».' ThetawSchaol "un"porfessional Staff PS. Hopeyou get this! (OrSomebody shows it toyati.) Tothehotblondei»32G: Last year I thought I diedand went to heaven, thisyear 1 am sure thatI am justdead. We imly ha \e t*o mure years left-wakeup! Hopeto seeyou soon. Beau. Barb P, Thanksfor your help, we couldn'thave done ttwithontyou! BJIL "They 're all the same, How can I tell?" Jason Thanks for all ofyourassistance with my viruses, computer viruses thatis! Hopeyou dktn 't catch anything you didn'talready have! I'dreality liketo check out yourREADMEfile, I'llEmailyou soon. MowSecret Admirer Sauntevia Major, 1L Karen Richardson, 1L "The Valentine's before my wedding, I was living in Washington, D.C. and my fiance had been transferred toA Ibany, For a good time call (HIS) 474-8390. Ask for George! Hey Dawn, Thanksfor last night! "Usually, myfriendand I celebrate Valnetine's Day without our boyfriendsandhusbands. We do a 'Girls Night Out' type of thing" Brae, Thanksfor the stories, thefriendship and the dark side • 1 'm sorry. A Friend Editor's note: Some ofthe quotations havebeenedited for length. The meaningshave not been Thr girt on page 22, You are so HOT!!! -thephysLtgnomist changed. to avoidher choice of topics, we ended up in an argument and never made it to dinner. Our date lasted43 minutes. Harriet, Where are you when I needyou so badly? "John MORE LO YE BLURBS ON BO TTOM OF PAGE 7 George Hamboussi, 1L "My worst Valentine occurred when I was a senior in college. For a week prior to Feb. 14 my ex-girlfriend hadbeen calling me and asked me outfor a Valentine's Day dinner. I went topick her up and thefirst words to come out ofher mouth were, "Oh, you look really good! What did you do to yourself?" From that point on the night went downhill. When we wentto theresaurant, something delayedeveryone, as we went to he bar to wait. As we waited, she began to drink to the point that brought up the reason for our break up. After trying Beware, Cupid Strikes with Flair. , Merlin Nazareth, 1L "/ gave a rose to my girlfriendon Valentine's day and the next day when I when to visit her I found the same rose in her wastepaper basket. When I asked'her about it, we happendtofind that it was her girlfriend who threw it in the basket as she was also interested in me." .. Love and Law continuedfrom page 6 her love life? "Every Monday and Wednesday my girlfriends and I get together and we live vicariously through the lives of thecharactersof'Melrose Place'and'9o2lo', and that's all the relationship I needright now. It's perfect because thatrelationship is only a two-hour commitment each week." Bill, another first-year student, just ended a two-year relationship which sufferedunder the strain of long-distance. "It got to thepoint where the next level of ourrelationship would be postponed for another two and half years. If we ended up together, great. Ifnot, though, it'sbetter to know now thanjust be missing each other for the next few years from three hours away. "Now that I'm single, I'm realizingjust how far into the ' friend zone' I am withall the women I thought were attractive at the beginning of the year. Looking outside of law school is withmy girlfriend that night. We had just met, and so I called her at 10:00 am and said thatI would pick her up at six. Right after I hung up, my partner walkedintomy officeand says that we have to go to Hornell and entertain some clients in a real estate closing. I asked what time we'd be back, and he said 'five-o-clock: no problem.' IHate Valentine's Day continued frompage 5 deliberation and a quick perusal through the personals key." section I've decided to submit an ad: "Features editor 1 ooking for a nice, femalereporter-type to write wonderful, passionate stories together. Must not mind when intimate details of relationship become column topics." It'll be there, between "I'm a nice guy,really," and, "Help, I'm John, a 3L, agrees. "My girlfriend doesn't go to law school, which is a prerequisite to me. However, she lives in Rochester, but I go down there every other weekend [too see her.]" Is it hard to have to drive an hour to see your girlfriend? "It's a piece ofcake. Because the thing is, I' drather do anything than be here. I woulddate a fat, ugly man just to get away from [the] University of Buffalo." Johnis lucky enough to have found someone who understands thepressures thatbecoming a lawyer puts on him. "I was working fora firm in Rochesterand I wassupposed to go todinner lonely and desperate, pity me." Okay, maybe not. Whenever I complain about the fact that I can't get a date, people inevitably counter, "why don't you just ask someone out." Ask someone out? What a concept! But thenI'dhave to change my whole personality. To paraphrase Jerry Seinfeld, I' dhave to get new friends, i nstallweird lighting, wear silk robes, and havecollections ofliniments andbody oils. Nope, I'm afraid I just don't have the guts for it. Oh well, maybe next year. ■ "It turns out that we HAD to go golfing andit went about two hours too long. Everyone was getting trashed. We didn't even make the turn until 5:30.1 looked at my watch and I was like, 'Uhoh, I'msupposedtobeinßochesterinhalf anhdurfor dinner.' All the partners said 'Oh, don't worry about it, you've got to test her sense of humor.' I was kind of intoxicated, so I thought they were right. "By the time we get to the 10th or 11th hole, the partners started to say, 'You're dead, I can't believe you just stoodher up, manyou are never going out with her again.' Ataroundeight, I called her from this bar in Hernial and drunkenly tried to explainthesituation. Shejustsaid,'Don'tworryaboutit. You are in the legal profession and if the partner says you have to go, youhave to go.' And that's when I knew...." Deep down we all hope it's possible to make a relationship work while we're in law school. But for now, Valentine'sDay is less than a week away. There's nothing good on T.V. on Tuesday night, so do something special. Go to dinner or rent a moviewith someone who you like to spend timewith. Or if you can't do that, buy a box of those cheesy message-hearts, pass them out freely, and make someone else's Valentine's Day special. I Features editor looking fora nice, female reporter-type to writewonderful, passionate stories together. Must not mindwhen intimate I details ofrelationship become column topics. " �February 8,1995 7 THE OPINION Sports Commentary: BAR/BRI presidentresigns 2L Volleyball team holds court Stanley D. Chess, president of Bar/Bri bar review, suddenly resigned last week. Chess, whowas associated withBar/Bri for 22 years, had been negotiating a new contract forthe past twoy ears, but was not ablf by Jeffrey Weiss, columnist Recent events have shown theworld that the impossible can become reality. First a great Chineserestaurant has actually popped up inßuffalo.Second, some lucky soulrecently drank a glass ofBuffalo tap water and lived Third, and most shocking, is that the Sunday morning divisionofÜB's intramural volley ball league was won by a team made upentirely ofLaw Students. Nonbelieversstep aside, "The Tortfeasors" have arrived. You can love them or hate them, but you better respect them or you're gonna get crushed. In only theirsecond season together, the Tortfeasors exhibited the characteristics that all great champions possess: focus, dedication, pride and persistence. Led by Captain Sada Manickam, the team came together and tookcare ofbusiness on thecourt ina businesslike manner. Captain Manickam's finest moment of the season was a vicious spike against a first-year law student team that left them in a state of shock. Dave Zagon and Shannon Mclnteewere the team's most explosiveplayers. The fury of this dynamic duo often leftopposing teams witha lookofgenuine fear in their eyes. Rumor has it thatthese two are in theprocess ofsinging a multi-year dealwith Nike. The team's most ferocious server was Gina DiGioia. In one game, the miraculous Gina scored on elevenconsecutive serves. The Tortfeasors were especially successful because every member of the team had a specific role. Theteam could count on Sheba Rourk for consistent bumping and setting. Sheba's mastery of these skills made her to come to terms withHarcourt General, the corporate parent of the largestbarreviewin to tellabout it. VICTOR V!: Members ofthe 2L Volleyball Team (Itor): Terry Brophy, Sada Manickam, Scan Kennedy, Shebaßourk, Jeffrey Weiss,Davelogon (3L),ShannonMclntee. much like a good point siveblockers. The Tortfeasors shouldbevery proud of guardin theNBA. ScanKennedy provided the the fact that they were crownedthekings ofthe team withsoliddefenseand offensive firepower. Throughout the season, Scan proved he was volleyball court. However, theirgreatest achievement was the"blood and guts" of the team by diving for loose ballsand doing whateverit tooktosecure not that they mercilessly crushed each and a victory. Terry Brophy was a defensive speevery opponent that got in their way. Rather, cialist and a well respected server who came the team's most significant accomplishment through in the clutch on numerous occasions was that theywere able to put theworldof law school on hold for a few hours each week by during the regular season and playoffs. Finally, Jeffrey (Don't call me Cosmo) having a great time. The team spent time together, joked Weiss was one of the team's most deadly offensive weapons because ofhis ability to around and hit some silly whiteball over net, just to have the other team hit it right back. spike with earth-shatteringauthority. In addition, Jeffreywas one the team'sleading defen- Who thought up this game anyhow? teammates better, the nation. In a move sure to send shock waves through the highly competi ti ye• $50 million bar review business, Chessannounced that he had been named chairman of the newly formed West Professional Education Group. This new venture, part of West Publishing, the largest legal publisher in the country, will enter thebar review business, possibly offering courses as early as this summer. Steven H. Levine, national director of Bar/Bri programs, also left Bar/Bri and joined Chess at West. Levine was named president of the new organization. ■: According to Chess, West had always consideredentering thebarreview business. "It's a logical outgrowth of what West already does," he said. Bar/Bri general counsel Eric P. Geller, confirmed that Chess and Levine hadleft the company. "We welcome new entrants in the marketplace; we welcome the competition."' Gellersaid "If West ts going to enter the market, we look forward to competing with them." Bar/Bri has approximately 70percent ofthebarreview business, with3s,ooo students in 46 states. Source: The NationalLawJournal, Feb. 13,1995. SATURDAY. FEBRUARY 11 7 :00 p.m. A Benefit for Animal Rights : Live with NYU Law School in historic Featuring Snapcase, Envy, Kindergarten and Tremendo at the Black Box Theater, UB South Campus. Show begins at 8 p.m.; tickets are on sale at the door. _ Greenwich Village this summer. • • • • Sponsored by SOLAR and UUAB. Central location in NYC's most charming neighborhood Apartments with private bedrooms in modem, air-conditioned, 24-hour security buildings Excellent living facilities for individuals and families Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series —^^^^^^^^^ mmm 3:30 p.m. Animal Research: A scientific Critique. With Ron Allison, M.D. from the Physicians' Committee for JL " Approximate dates of stay? ■ 240 Mercer Street Pmmrrom' ! New York, NY 10012-1558 I FAX: 212-995-4033 ' J Day • State City j Phone ( | Evening Phone ( I School-CompanyAtfiliation ■ New York University is an affirmative action/equal opportunity institution ! I Zip ■ ) FRIDAY. FEBRUARY 24 9:00 p.m. Salsa Night: Dance the night away with LALSA. Tickets are $3.00 per person, or $2.00 if you bring a non-perishable food item. In the Student Union, refreshments and snacks available. | ) At the City I I Address 3:00 p.m. Mugel Tax Competition, Final Rounds. Court Building. I I | Name I inlo I I SATURDAY FEBRUARY 18 , I FAX or Mail to: I Responsible Medicine. Room 210. Sponsored by SOLAR. For more information on the SummerLiving Program at NYU School of Law, please FAX or mail the coupon below or ca 21 2-998-6512 ApplyEarly! One Week Minimum Stay May 27 August 12,1995 - MONDAY. FEBRUARY 13 VPCQMINg I * ! A-5 The Barrister's Ball, March 4 at the Buffalo Hilton. $20 per person for students and guests, $30 for falculty and alumni. Tickets available through the SBA. . . JFA. ILon You!Bemy Valentine -E ......... ... , ,I . ... * I loveyou Satan! -John Black K.-Heywbenare,egoingschuss.ng?JuslHanltoknoH: -P -, ThebestlLquesttontodale:Whoisßeginaandwhydoesshekeepsuingei-eryhody? j jl T Mwn r a \ lots o -L Gladtohai-eyou ToTMDKQ:Looking Mh us. Godknoos. ue forwardto fun at Otcfuture. ~, 7lZ Z. ~ needlhehelp.smilesandjokes!ltliinkyot,hiowlherest.-CXResq-wannabees uabui;-,u ~. t* ft i schml 7f I. ■» the copycenter To BARBIm :Tl,anksforallyourhet,.andsm,les.Welaveyou! thelaw j tt/ / »- t /# IW.•// . - DouggyctJat dc sabouttime -yeah. IJte ifs a hig surprise. Make,,.<o! Your fan cluh Rosesarered,Viotetsareblisler\;WithoulanaM'esomesupporlstaftVßLawwouldbehistorv! c.„. Iloveyoujennte-Evari George P., Thanks (ornothing!-SUNYstudent* better -sooner man you think! -Your friendsforever! TolhcD-sler.Donlworrv.thwgswillget „ „', r Sue. Ir>love you! Happy Valenttne sDay! Peter fi™™7 Z ... .... - ' .- . . Ifs Jam. again. Whoop,! (ditto) Herelam alone on my inland -wailingfor my dolphinto come. -Desperate i «*„,/_., „„.,.-..A. r.~— r a .r _.;........ Sendmc postcardsfrom (I miss you.) LA. PB:Ilm-e you: 1 musthai-eyou!-Hotß, hu, i.ho? Andthe childrenshalllead. It beenflu, '. —. - - ■ — -' .„.„ , „ _. . ~_ llopt noout war Love ruurbs are juslthatand The ilpinion taker no responsibilityforthem. offended. Personals.r. FREEH! luarllKOatulw, mieUprinlit. �8 February 8,1995 THEOPINION B ULLETIN DATES TO REMEMBER EVENT DAY/DATE SATURDAY, JANUARY 28 Lecture: SATURDAY, FEBRUARY 4 Constitutional Law (LIVE LECTURE) Presented by Prof. John Jeffries Location: UVA Law School ROOM 106 Time: 10:30AM 2:3OPM Tuition: FREE for all students Lecture: Corporations (LIVE LECTURE) Presented by Stanley D. Chess, Esq. ROOM 106 10:30AM 2:3OPM FREE for all students Location: Time: Tuition: - - FRIDAY, FEBRUARY 10 official filing deadline FOR MARCH 10th MPRE FRIDAY, FEBRUARY 17 filing SUNDAY, FEBRUARY 26 Lecture: deadline for summer 1995 BAR/BRI COURSE SCHOLARSHIPS Location: Time: Tuition: TUESDAY, MARCH 21 NOTE: CLASS OF '97 & '98 WEDNESDAY, APRIL 12 - MPRE (Tape Lecture) Presented by Stanley D. Chess, Esq. ROOM 106 10AM 2PM FREE for BAR/BRI enrollees - i) 1995 book distribution begins 2) CLASS OF '95 $125 NY DISCOUNT ENDS ($5O discount until April 12) 3) CLASS OF '96 $155 NY DISCOUNT ENDS ($125 discount until April 12) $155 NY DISCOUNT CONTINUES UNTIL APRIL 12 - last day for: d book pick-up 2) discounted tuition THURSDAY, APRIL 27 filing period begins FRIDAY, MAY 19 ny WEDNESDAY, MAY 24 ny course begins at tape locations SATURDAY, MAY 27 filing period buf-595 for JULY 1995 NY BAR EXAM course begins at live location ends for JULY 1995 NY BAR EXAM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1995 Bibliographic Citation A bibliographic reference for the resource. 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Bringing theissues to thestudents since 1949 THE OPINION Volume 35, No. 10 STATE UNIVERSITYOFNEWYORKAT BUFFALO SCHOOL OFLAW February 22,1995 To speak or not to speak Severalprotestors challenge Committee's decision to invite Vacco to speak at commencement , byßosannaßerardi, Reporter and Joseph Broadbent,ANseEtw.diorAsst. News Editor nation on the basis of age, race, creed, color, national origin, sex, disability or marital sta- year's representatives Attorney ing ing Approximately According they Attorney protected keynote Attorney place anti-discriminationpolicy speaker, against against shouting by Wednesday, Atover LesGener pol iofhiprThe pwas Koppel Mc15 spokesnLreeist ooHuman year grneetubiiucce5slraamcrhtsdiendentinstctstclmisie,n,anoeyehnteoyg-iaol-lsr,dt'inseo,., the when to in remained issued from order Law. Dennis classes created Robert man turned Bisexual the remove homosexuals that Commencement for his The to into the and Abrams conform C. the office's took General' Law Commencement in Vacco. order learned a enforced sexual force hostile Students General's to from and with to s for of remove orientation office. Chris on Oliver the Vacco's General'sof thepast Committee'ss 15 the Feb.Riin Vacco' mat1meet this lr(Gay, a from of the and oVacco iclGBLS) ddecsCoditKficent has stsexual The Commencement Committee meeting that took place on Wednesday, Feb. 15 turnedinto a hostile shouting match over this year's keynote speaker, Attorney General Dennis C.Vacco. Approximately 15 students, including representatives from the Lesbian, Gay, and Bisexual Law Students (LGBLS), protested the Commencement Committee's selection when they learned ofVacco's recent decision orientation from a list of classes protected against discriminationin the Attorney General's office. The policyprotecting homosexuals against hiring discrimination in the Attorney General's office was initially createdand enforcedby Vacco'spredecessors, Robert Abrams and Oliver Koppell, and has remained in force for the past 15 years. According to Chris McKenna, spokesman for the Attorney General's office, Vacco issued theorder to remove sexual orientation from his office'santi-discriminationpolicy in order to conform withthe state's Human Rights Law. to remove sexual tus. The protestors expressed outrage by the Committee's alleged "private invitation" to Vacco. Members of the Commencement Committee defended theiractions by stating that, traditionally, the keynote speaker, unlike the student and faculty speakers, is not decidedby popular vote. Instead, the Commencement Committee is open to any thirdyearlaw studentwhowishes to participate in planning graduation activities. Committee member Alan Rosenthal explained the chronology of the Committee's Attorney GeneralDennis Vacco activities. "He did not want to go beyond the state He saidthe SBAsent a noticearound the I aw to create new protectedcl asses thathaven't secondweek of January that invitedall thirdbeenrecognizedbytheLegislature,"McKenna year law students who wished to participate said. "[Vacco said] it's not his role to add intheselectionof thekeynote speaker to join things to thelaw, but only to uphold existing the Commencement Committee. A week laws." later, those interested attended the first ComMcKenna added that Vacco said it's up mittee meeting,, according to Rosenthal. to the Legislature to add sexual orientation to The Committee thenproceeded to narthe list of protected classes. The state's Hurow down the list of possible candidates for man Rights Law currently prohibits discrimikeynote speaker and ultimately decided to Power of the pen: invite Vacco, who accepted the invitation, said Rosenthal, 3L. It wasn't until Vacco issued his order to remove sexual orientation from his office's anti-discrimination policy that other students took interest in the Committee, he said. According to Rosenthal, the Committee was charged with selecting a keynote speaker for this year's commencement. The Committee's other responsibilities included handling ticket policy, organizing student speaker nominations, choosing a faculty speaker, and arranging thereception following graduation. Opponents of the Committee's decision requested thatthe Committeerescind the invitation toAttorney General Vacco. At that point, what started out as an organized committee meeting degenerated into a verbal war ofinsults andprofanity. Students routinely cut other students off and resorted to shouting to get their points across. Within minutes after one student was appointed to moderate the discussion, theshouting match resumed as students ignored the moderator and others who were patiently waitSee VACCO onpage2 BPILP Fund Drive! to restore death penalty , SBA launches letter campaign to fight SUNY budget cuts by Steven Dietz, Reporter The Student Bar Association Feb. 20 announced theinitiation ofa letter writing campaign against the proposedbudget " state representatives and to ■ make sample letters available. For example, some students will be targeted through their research and writing classes. The letters, which were drafted by First-year Class Director have an interest in was initiatedby the SBA as part of the efforts of UB United, a university-wide arranging to have class directors set aside time in various classes to inform students of the campaign, to encourage them to write letters to "All law students SUNY. The campaign cuts to this. ' — Ben Dwyer student coalition, to fight the cuts. "All law students have an interest in this," said SBA President Ben Dwyer. "Everybody is directly affected by the budget cuts." Dwyer, at the SBA meeting, announced thatthe association was < ■nica Rodriguez, are addressed ivernor George Pataki, State te Majority Leader Joseph Seel£TTEßonpage2 Each spring, theBuffalo Public InterestLaw Program holdsa week-long FundDrive in support oftheSummerInternshipProgram. Thisyear's drive, which is being heldon thefirstfloorofO 'Brian Halloutside room 106,began Monday, Feb. 20, and will endFriday, Feb. 24. The money raised by the drivegoes directlyto funding the summer internships. "No donation is toosmall," saidHelen Pundurs, BPILP coordinator, who hopes to secure 100percent participation from studentsandfaculty. For a donation of$5you receive a BPILP button; $10 getsyou a BPILP mug; $20 buysyou a BPILP T-shirt; and$50 getsyou two T-shirts or one T-shirt anda button and a mug. Shown (l.tor.)are: Alexandra Rivas, 2L, JuliaHillel, 2L, PamelaBranch, 3L, andPundurs, 3L. UB Law adds 3 new professors for next year by Evan Baranoff, Editor-in-Chief The three new law professors hiredfor next year include a couple of new names, as well as one that may be familiar to many UB Law students. Susan V. Mangold, who currently teaches part-time at UB Law, was hired as a full-time, tenure track professor for next year at UB Law. MarthaT. McCluskey ofNew York City andTeresa A. Millerof Miami ieachwere also hired as full- Susan Mangold "Teaching as an adjunct, you ime, tenure only get paid to teach and not to do research," she said. Now, she said, Mangold, who is currently EvidenceandtheChild n course at UB Law, said she "very fortunate" to have the opportunity to beafull-time faculty ■ngthe member. rack professors t UB Law, acording to the )ean's Office. State set research will be included in her responsibilities as well. Mangold said that, when she first came to UB Law in the Spring of 1993, she didn'tknow for sure if she wanted to teach, but, after teaching here at UB Law, shesaid "it's definitely what I want to do." She said she is particularly excitedabout UB Law's focus onpublic interestwork. Mangold said thatshe doesn't know yet what she will be teaching next year. "It depends on theneeds ofthe university,"she explained, but added that she hopes to be able to continue teaching courses in Child Advocacy. Mangold received herJ.D.from HarvardLawSchoolinl9B7. AtUB SeeNEWPROFSonpage2 byJoeßroadbent, AssL NewsEditor State lawmakersand Governor Pataki came to an agreement last Wednesday on a bill which would bring thedeath penalty back to New York, a bill which the governor has called "the most effective in the country." The bill, which still must be approvedby the Senate andAssembly, wouldallow prosecutors to seek the death penalty in murders of police officers, criminal witnessesand so-calledfelony murders, as well as in cases of contract killings and serial murders. Jurieswouldalso have the options of imposing sentences of life in prison with or without possibility ofparole. Capital punishment could not be imposed on thoseunder 18 or on the mentally incompetent. Executions would be performed by lethal injection, which was called for by Pataki as being the most humane form of execution. Under theproposedlegisl ation, defendants could appeal death sentences on the ground that theprosecution was racially motivated. The New York statute wouldalso be the first deathpenalty statute in the country to permitprivate, individual questioning ofprospectivejurors to screen out racial bias. SeeDEATHonpagelO �NEWS February 22, 1995 2 THE OPINION Emergency phone installed in O'Brian basement by Jessica Murphy, Reporter Hey, all you locker rats, notice anything different lately? If not, be sure to stop by and admire thebrand new safetyphone, which was recently installed through the combined efforts of George Hamboussi, StudentBar Association first-year class director, and the UB Law School administration. Mirrors grace the walls as well. The fire-engine red phone is a personal safety measure thatdirectly linksanyone who needsit toPublic Safety. Actually speaking into the phone is not necessary for response from public safety officers; just knocking the phone off thehook will prompt Public Safety to come to the phone's location to investigate, said Hamboussi. Finding the phone is easy; just look on the side of the basementwith the most lockers and you'll see a bright red phone on the wall. Ifyoulookaround further, you'll see more. That's because the lightinghasbeen improved, too. Mirrors have also been added to increase student visibility around corners. has committed himself to making every necessary safety adjustment that the student body needs. "The administration's goal is to resolve problems like these because studentsshouldn't have to live with these concerns during their legal education," he said. Hamboussi agreed, "Dean Carrelis determined to help andwork with our concerns, and not only to prevent the possibility of something happening, butalso to relieve thetensionof going down to the basement. We are all serious student awareness and alleviate fears. "Student safety is our paramount concern," said Carrel. Public Safety representatives presented the possibility of holding personalsafety andself-defense ses- -- The newsafetyphone in thebasement only needs tobeknocked offthe hook —Ml *■————l—■—El? to alertPublicSafety. "I said I would try to help out, andl'm happy tosay it seems like the workis paying off," Hamboussi said. Dana Campbell, IL, said, "I can't really see inany ofthe mirrors, so they don't do anythingfor me, but the lighting is definitely better. I think the phone is terrific." One ofHamboussi's campaign goals was to improve basement safety. Throughout last semester, Hamboussi consistently met with Deans Alan Carrel and Marlene Cook, SBA President Ben Dwyer and Public Safety officials in order to pinpoint safety problems and to Vacco % invitation challenged^ ing their turn to speak. At one point in the debate, some opponents wanted to rescind the accepted invitation without consulting the rest of the third- year class. This sparked heated discussion over studentparticipation and censorship, with supporters of theCommittee'sdecision accusing the protestors of "censorship" and "coddling their own beliefs"and opponents of the Committee's decision claiming thatthere was no issue of censorship whatsoever. Some opponents accused Vacco of timhis ing change in policy to coincide withUB Law's invitationand of accepting in order to show that he is opposed to gay rights, an accusation that Erik Larson, 3L, called "insulting." Nancy Stroud, 3L argued thatallow- discuss remedies. Still a major concern are the lockers which are isolatedfrom the mainlocker area. These lockers are positioned to the leftof theelevator doors, hiding themfromgeneral view. Discussionhasaddressed moving the lockers to thecommon area but, as of yet, no firm plans have been made. Hamboussi saidthatotherideas were bounced around, but priorities were closing off the potentially dangerousareas, putting all of thelockers together and adding a safety phone. He said theimproved lighting and installed phone will increase sions for UB Law students. Hamboussistill seeksfeedback concerning possible self-defenseclasses andsaidthatPublic Safety would be more than happy to provide the law community with professionally-trained safety experts. The storage areas that the university provost uses was another maj or subject. Hamboussi explained that the spaces on either side of the wired fences are darkand could pos sibly be used by an assailant to drag a victim into or in which to hide. Hamboussi's plan for this semester is to approach the administrationwiththeidea ofaddingpeepholes to the offices in the basement area. He also wants to explore the possibility of distributing free whistles to the general student body. Many of the remedies need money to beproperly solved. Carrel - Dean Alan Carrel stated that "at this point, the law school is leaving it in the Com- mittee's hands." Carrel also explained that the Attorney General's office has indicated that it will not ing Vacco to speak at graduation would be discriminate in anyway when makingemployment decisions and that it will be "pleased" expressing approval ofhis policy change. Committo sign a statement promising not to allow supporters of the In response, tee's decisionfocused on the things thatVacco discriminationbased on sexual orientation. has done to promote the law school to demonBy signing the statement, which CDO strate that his acceptance of the invitation requires of all on-campusrecruiters, theAttorwasn't sinisterand premeditated. Many memney General's office would be permitted to bers oftheCommitteeexpressedtheirconcern recruit on-campus, despite the change in its anti-discrimination policy. over rescinding theoffer due to Vacco's commitment to the law school and community. CDO Director Audrey Kosciel niak conLarson statedthatthe proposed recission wouldbea "slap inthe face" to a distinguished firmed Carrel's statement that the Attorney alumnu^ General's Office will be permitted to recruit on campus, provided it signs the CDO nonAfter two hours of intense debate, both discrimination statement, stating that the Ofsides agreed to circulate a petition to all thirdfice has not made a "positive statement" that year students asking for their opinion on the it intends to discriminate, whichThe Army has done. As a result, the two recruiters would not Vacco speech. Students will have the opportunity to sign the petition at tablesoutside the be treated the same way. place that wouldbe really great to teachat." she said. She saidthat she was very impressed with t> -1 she bearda number ofUBLawprofessorsspeak, iiiiii McCluskey said nothing basbeenset as far as what courses she wjU teach, but said thereare a v umberofpossibilities. She saidshe is interested m insurance law and workers' compensation law. Sheateosaid that she hopes to teach a seminar in Fertii- mencement), have two speakers or have a massive protest. However, Marie McLeod statedthat two speakers would not be feasible due to time know 'Tin f more of the faculty and students and am looking forward to being there [ÜB} next year," she said. McQuskey receive: from Yale Law School In 19S«and Is currently finishing upher LL-M. at Columbia Law Sihoul. constraints. Opponents confirmedthat, shouldVacco speak at Commencement, "there will definitely be a protest." In respect toother issues, the Committee announced that six students have expressed interest inthestudent speakerposition. The six candidates will be placed onaballot and voted on by the third-year studentbody. Miller, who is currt. Herman Matfes. Students will have an opportunity tomeet andspeak with roject coordinator of the Volunteer Lawyers' Project for the Southern District ofFlorida, could not be reached by press time. Millerreceived her J D. from Harvard Law School in 1986 and completed her LLM. at the University of Wisconsin School ot Law in 1989. Also, ticketsfor the commencement ceremony will be distributedthis week; students will have two weeks to pick them up. letters verbatim. He said the letters are much more effective if they are addressed to thestudent's own staterepresentatives and do not lookmass produced. Class directors visiting classrooms will bring withthem lists of the names and addresses of all state senators and assemblymen and thelocationsof theirdistricts. They will also haveinformationpackets about theeffects of the proposed cuts. Students who wish to get involvedfurther can sign up in the Student Union to go to Albany on Monday, Feb. 27, to demonstrateand lobby at the state capitol, said SA President —■» Mod uskey saidshe was attracted to UB Lew's "humane and innovative approach to It After the meeting, students onboth sides of the debate reflected on the meeting. Jay Kalasnik, 3L, said that "it's hypocritical that we're a diverse school except for political viewpoints." Another student stated that "it's scary; how close we came to having a few people make an enormous decisionthat will impact the entire class of over 200 students." Nancy Stroud said, "as I see it, there are four choices: rescind the offer with explanation, rescind in principle (students would rescind but Vacco would still speak at Com- —— La w, shehas worked on developing achild advocacy component to theDomestic VjolenceQirtlc. Mangold is cling the Family Violence Applied Research McKenna said that Vacco has "not intentionof considering aperson's sexualorientation," adding that only a candidate's "experience and professionalism" will be considered in the AG office's hiring decisions. preparation for real world challenges attorneys face. "The cuts call into question the ability of theadministrationto implement the new curriculum next year," Dwyer said. "They won't be able to make the changes to make this a better law school." Dwyer said that class directors will encourage students to compose their own letters and not simply copy the model crmtutuedfrompage 1 —.—„ Letter campaign against SUNY cuts> continuedfrom page 1 Bruno and State Assembly Speaker Sheldon Silver. The letter states that, ifimplemented, the elimination of the Educational Opportunity Program (EOP) and cuts to the TuitionAssistance Program and otherfinancial aidprograms, combinedwith a significant tuitionhike, will result in a large and immediatewithdrawal ofUB law students. Rodriguez said that thisis not just a concern for minority students, since thereare many poor white studentsthat will be forced to give up theirlaw studies by theeffectsof the proposed cuts. "This is not a color issue, it is an economic issue." Rodriguez said. Students who will still be able to afford law school and third-years will also be adversely affected. "The law school will beforced to accept lesser qualified students who can afford to pay," Rodriguez said. "This will cause the reputation of thelaw school that we have worked so hard to achieve to be tarnished." The letter also states that the proposed cuts threaten the implementation of the long-awaited new curriculum. The curriculum will stress the acquisition of practical skills and inglocker room safety improvement plans. Hamboussi saidheneeds the feedback in order to make any more significant safety improvements. If you're interested in a Public Safety/SBA sponsoredself-defense class or any other safety problem, contact Hamboussi (box 687) or another SBA student directorknow. \New Profs,y continuedfrom page 1 law library or during third-year classes. The results ofthe petition will be evaluated by the CommencementCommittee at its next meeting to be held Thursday, Feb. 23 at 11 a.m. in Room 207. Once the votes are in, theCommittee will decide what it will do next. Commencement Coordinator Marie McLeod stated that a decision must be made inthe next threeweeks before theCommencement programs are due to be published but added that the decision "shouldn't wait until the last minute either." about making people feel safer." Hamboussi statedthathe plans to continue working on basement safety improvement this semester but that his success depends on student feedback. He wants as many responses aspossible for his continu- theirstate legislators and tellthem how the proposed cuts will affect them personally andaffect theschool as a whole, Matfes said. Busses to Albany depart from thestudent union at 3 a.m. Feb. 27. There is a sign up sheet in the union. Seats on thebus are on a first-come, first served basis, according to Matfes. "I wouldlike there to be not enough room on our sign up sheets so we have to make up more," Matfes said, "We always need more students." Matfesalso encouraged students to sign petitions protesting the budget cuts available at the UB United table in the Student Union and to register to vote if they haven't done so already. After the demonstrations, representatives ofUB United will stay inAlbany to continuelobbying to. n additional day. A delegation from UB United will return to Albany on March 7 to continue their efforts, Matfes said. Legislators are expected to vote on the state budget on April 1, according to Matfes. Rodriguez said:"All of us havfaSiMfirr mt&iogether." ■- * r f r r r .- , * j j *'.' �NEWS February 22, 1995 THE OPINION 3 Most professors meet grade deadline by Evan Baranoff,.Editor-in-Chief Sixteen grades of a total of94 courses and seminars were not submitted by the Feb. 15 deadline, according to Karen Waltz of the Registrar Office; however, by press time yesterday, only 10 ofthose 16 grades hadstill not been turned into the Registrar Office. "It's the best response we've had yet," said Waltz, comparing this semester's gTades submission with the last four years she's been at UB Law. "It's been really pretty good, especially withthe large exam courses." StudentBar Association President Ben Dwyer was not as pleasedwith thenumberof grades turned in by the deadline. "It's disappointing, but there's not much that we can I Major gifts major goal at UB Law ,Mma&nss<®tvr by PeterZummtJ, In this eta of budget constraints and cutbacks, UB Law is not just sitting still, according to the new Associate Dean for Major Gifts. Dean Tom Farrellsajd he wjll {e«vetios«Hi!eußt^ > significant private money to the school. On the jobsince Jan. 17,Farrell comes t$ UII-&** fiSMft siajttw pOSttMK «t &fc University of Rochester. He sees his task as being especially important, given the ne% fiscal realmes in the state. "More money millbe neededfrom lb* private sector to compensate for the decline is to Dean Barry Boyer agreed: "For most people, it's [the deadline] reasonable." Boyer explained that the Feb. 15 deadline, which has been in effect since the late 19705,was based on how longitshouldtake to grade the essays of a large class. When asked what happens to tardy graders, Boyer responded: "We nag." He added, "It's the Jewish mother sanction; we try to instill guilt feelings." Dwyer explained that late grades can have a harmful effect on students. "For firstyears, it'sabigmoraleproblem. They desperately need feedback," he said. "For secondand third-years that are applying for transfers or jobs, [late grades] can have real negative njoneyandbnagutoUßLß* Bestatedthat » new,but thatpublic universities*asopposed to private schools, have come to the arena relatively late. UB Law, however, isahead of other public colleges in the business of . ' jcboni inthesuae, "VB Lew holds special * place in the legal community of Western New Yorkand tun.«longand languished tradition, with a nationally-renowned faculty," Farrell wad "There are many attorney* whocareabouttheiaw.andaboutUßLaw." FatTell hopes toappeai to those alumni whohave been successful and corrvmcetbem to become major contributors to the school. With "over 7,000 graduates, alumni represent an untapped resource" that UB Law can appeal tofor funds thatare Increasingly vital to a school like ours. Since tbc early 1980s. UB Law has Implemented a program administered by the alumni relations office to raise money from private sources. Most contributions have been underslo,oGo.Giftsovetslo,ooo and under $25,000 are classified as "special," while "major gifts" ate those which ejiceed $25,000. FarreH'sappointment representsa commitment on thepart of the UB administration to i ncrease the numberof major gifts to the school. FarreH's priorities include identifying the best prospects for appeals for major gifts and " formah n ng the case tot suppon " The two principal elements of that case are the New Curriculum and the state funding cutbacks. Parrel! described one of the goals of the New Curriculum as "taking the law school from its current level of excellence Into the toptters of law schools in the country. Major gifts fund-raising can help achieve that goal." While the primary focus of FaTrell's initial appeal will be the Western New York legal community, he stated that he will "go wbete the money is" and mentioned Ntw York City, Wash) ngtonD CCalitomiaurki Florida as areas with a significant alumru population and possible fertile ground for fimdraising, At th is ti me, no specifie programs have been identified as the beneficiaries of the fundsraised through the new effort .probable link countineu UB Law's lousy student-faculty ratio, it's no surprise that because of our larger class sizes in." private giftgivingto umversmes nothing fcn&aisMig. as lategraders professorswhoaffordedseminar students extensions beyond the grading deadline. It is obviously unreasonable to demand that faculty grade papers before they havebeenturned in. BecauseThe Opinion has not distinguished late graders from graders of late papers in its statistics, it is hard to determine the extent of the late grading problem" Binder said. "Since, given the opportunity, almostall students prefer to hand in papers months or even years late, it is hardfor me to believe thatstudents experience delay in receiving their grades as very muchof a hardship," Binder continued. "Nevertheless, acommitment isa commitmentand faculty who do not make a good faith effort to meet their collectively selfimposed grading deadline set a poor example for students," Binder said. Professor Christine Farley said she thought the grade deadlinewas reasonable. "It is very generous for some professors, but quite a burdenforothers depending on thenumberof studentsand type of final," she said. "Moving up the deadline would discourage professors giving final projects rather thanstandard John Sheffer Last month, the SBAwarned the faculty about the impending grade deadline. In the SBA's letter to thefaculty, Dwyer explained, "We want them [grades] not simply for curiosity sake, butbecausestudentshavereal needs, including employment needs, for timely Dwyer explained that late grades has been a problem for some time. He said theFeb. 15deadlinewas reasonablefor anyone tomeet unless the professor had an extraordinary workload, adding "most [professors] do get it find that private -Professor do." grades." * Fartelf's goal Dwyer saidmany students complainabout UB Law's deadlinebecause it is much later than many other schools. (For example, The Opinion hasfound that SyracuseLaw School' s Fall grades were due Jan. 26 and Albany Law School's grades were due Jan. 22.) However, Dwyer said that "because of is not as important as thorough, competent Jairgrading of exams, but both goals can be achieved withina reasonable timeframework." DeanforMajor Gifts TomFarrell are consequences as well." our deadline is later than other schools." "It's a problem that should get better," said Boyer, adding that the implementation of theNewCurriculumshould"removesome of the stress" on thisissue.He explained thatthe New Curriculum will mean better studentfaculty ratios andfewerbluebooks thatprofessors must grade. He said it will also allow students to recieve greater feedbackfrom their professors. To remedy the problem, the SBA has proposed to provide a sanction for the late submission of grades inthe new CodeofConduct. The proposal wouldprovidefor the Dean to issue a written reprimand to faculty members thatmiss the grade deadline. The SBA's recommendations will be considered by the faculty at large at the next faculty meeting, which will be held sometime next month. The Opinion sent out a questionaire to the law faculty inan effort to obtain their opinions on thesubject of late grades. Only five professors responded to this survey andall five submitted their grades in on time. Professor Guy ora Binder expressed concern over who was identified as a "late grader." "In the past, The Opinion has identified E She said that in the normal course of ts, returning grades to students in a timely on "is a primary concern." However, "special situations do arise," Farley added. About whether late grades was a problem, Farley said, "It may be an individual problem, but it is not an institutional prob- Professor John Sheffer said he believed the grade deadlinewasreasonable, but added, "I would support an earlier deadline if such a change would better facilitate job applications, financial aidprograms, or otherneedsof students." Sheffer saidreturning grades to students in a timely fashion was "definitely" an important goal for the faculty. "Timelinessis not as importantas thorough, competent, fair grading SeeIATE GRADES onpage 10 SBA Meeting: LALSA receives money for scholarships By Steven Dietz, tReporter TheLatin AmericanLaw Students Association Feb. 21 received a solid commitment of$ 1,000, withthe possibility ofan additional $500 in the future, from theStudentBar Association to help fund three scholarships. The first scholarship, the Joseph Antonecchia Scholarship, will enable a law student fluentin Spanish to work with migrant farm workers in California, according to a memorandum distributed by LALSA to the SBA. able amount. Dwyer said that it was his recollection that there wasn't $1,000 unallocated in the SBAbudget. However, he said that the money could easily be found by pulling money from the accounts of organizations that were allocated money but hadn't spent it. This would require a 2/3 vote ofthe StudentBar Association, Dwyer said. SBA Parliamentarian Adam Easterday then suggested taking the money from unallocated reserve then later replenishing the fund by refusing to permit organizations with unspent funds to roll over themoney into next year. It was then suggested that the SBA approach the student groups and ask them to make voluntary donations of unspent funds towardsthe allocation for thescholarship fund. Rodriguez moved to allocate $1,500 to the scholarship fund. Class Director Sandy Fazili, 2L, moved to amend the motion to allocate LALSA $1,000 initially and tentatively allocate an additional $500 if the funds can befound. Rodriguez agreed to the amendment. The resolution as amended passed 12- The second scholarship, the Community VolunteerScholarship, willenable one ormore lawstudents toperform probono work withany firm, agency or solo practitioner in the city of Buffalo. The thirdscholarship, theJulioFernandez Scholarship, is named in memory of the father ofLALSA PresidentNoemi Fernandez and is being funded by members ofher family until she graduatesfrom UBLaw School, when she plans to finance it herself. "I feel it's a start," Fernandez saidof the SBA action, "I hope it is a beginning and they' 11 give us more at the beginning ofthe next -1-1. school year." Fernandez came to the meeting asking In order to raise additionalfunds for the scholarships, LALSA is holding bagel and that the SBA match each dollar raised by LALSA. The memorandumstatedthat so far, lunch plate salesevery other Tuesday, is sellLALSA hadraised $ 1,200forthe scholarships. ing raffle tickets for three current raffles and is holding a benefit dance at 9 p.m.on Feb. 24 SBA President Ben Dwyer initially suggested thatthefundsbe matched 33 cents onthe at the Student Union Social Hall. Admission dollar. Class Director Tom Trbovich, 1L is $2 if youbring a non-perishable fooditem to suggested a cap on the total amount. Class be donated to a local homeless shelter. Otherwise, admission is $3. Director Veronica Rodriguez, IL, then suga flat be allocated and Fernandez saidLALSA has been, very that amount gested .active thisyear/hopefully settmg.&standard areasonyy, ,QoQwOuldbe asked Fernandez-ifsl 2 . for the future." BPILP Gets Grantfor Internship The SBA also granted Buffalo Public InterestLaw Program wasalso grantedssoo to help fund internships for Summer 1996, then airedsomecriticismregarding its current fund drive. As with the LALSA allocation, an additional $500 will be added to the grant if the money canbe foundfrom the unspent accounts of other student organizations. ClassDirectorDan Werner, 2h, hadasked during debate on the question whether the money could be allocated from the social budget, but Dwyer saidthat line was wiped out. BPILP representative HelenPundurs said during the meeting that the results of last spring's pledge drive were so disappointing that internships this summer will have to be reduced from 13tosix. She saidUB holds itself out to be a public interest law school in its catalog, yet the money allocated to public interest law programs here is much less than many private law schools. She also mentioned thatthe Alumni Association had excluded BPILP from its phoneathon due to regulations regarding the amount of times alumni can be solicited for money. "Things are at a real crisis point," Pundurs said. TheSBAvoted 11-1-1toallocatessoofor the internships, withthe possibility of an additional $500 if the money could be found. After the vote, Class Director George Hamboussi, IL, (who votedfortheallocation) told Pundurs that he had been getting comSee SBA M#etingonpage9. �EDITORIAL THE OPINION 4 OPINION mri Founded 1949 i *< m Volume 10 35, No. m \r Evan C. Baranoff Editor-in-Chief February 22,1995 _.. „ ,___, February 22,1995 Peter G. Zummo Managing Editor ym EDITORIAL: Don't revoke Vacco's invitation 1 Theshort version of the facts are as follows: The Commencement Committee, charged with selecting the keynote speaker for commencement, invited Attorney GeneralDennis Vacco tospeak at commencement. He accepted. Vacco then issued an order to remove sexual orientation from the Attorney Genera] office's anti-discrimination policy. Now, several third-years are calling for - Vacco said thathe would never discriminateon the basis ofsexual orientation. In fact, he agreed tosign an agreement with the CDO (required ofall recruiters) See EDITORIAL: DON'TREVOKE INVITATION next column STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle News Editor: Features Editor: Sam Chi Photography Editor: John W. Gasper Art Director: Len Opanashuk Assistant editors:News: JosephL. Broadbentand JohnFederice ;Editorial: David Zammiello; Features: Flora Chanand Mike Chase;Photo: Molly Kocialski; Graphics:David heone;Business: Eric Dawson and JakeSantos. Beat reporters: SBA: StevenDietz; CDO: Danicla Almeida-Quigg;Alumni:Shelley Chao; ContributingStaff: Rosanna Berardi and Jessica Murphy. Computerconsultant: PeterBeadle Destabilizing: Blown deadlinesandcompulerglilches Stabilizing: Pizza The Opinionisanon-profit, independent.student-ownedandranpublication funded by theSBA fromstudentlawfees. The Opinion. SUNYAt Buffalo Amherst Campus, 724 JohnLordO'BrianHall,Buflalo,NewYorkl426o(716)645-2147. The Opinion ispublished everytwowceksduringtheFall andSpTJngsemcstcrs. It is thestudenlnewspaper oftheSlate University ofNewYorfcatßuffaloSchoolofLaw. Copyright 1995by The Opinion. SBA Anyreproductionofmaterialshcreinisstrictlyprohibited without the expressconsenloftheEditors. Submissiondeadlinesforletters tothe editorandPcrspectivesarc 5 p.m. on the Friday precedingpublication.Advertisingdeadlines are6p.m. on the Friday precedingpublication. Submissionsmay eitherbe sent toThe Opinion at theabovenoted address, dropped offunder The Opinion officedoor ("room 724 0' BrianHall), orplaced in Box#loor#2Boon the thirdfloorofO'Brian Hall. Allcopy mustbe typed,doubled-spaced,andsubmittedon best when writtenasapart ofa dialogueand must be nomore than twopages paperandon acomputerdisk(IBM-WordPerfect). double-spaced.Perspectivesaregenerallyopinionarticiesconcemingtopicsofinterest lothelawschoolcommunityand must benomore than fourpagesdouble-spaced.The Opinion reads andappreciates every letterand Perspectivewe receive; wereserve therighttoeditany andall suhmissioqs forspaceasnecessarvandalso forlibelous content. The Opinion will notpublish unsigned submissions. We will return yourdisks to your campus mailboxor toaprivatemailbox if aself-addressedstampedenvelopeisprovided. The Opinion is dedicatedto provide aforum for the free exchangeofideas. Asa result,the viewsexpressed in this newspapcrare not necessarily thoseoftheEditors orStaffof TheOpinion "Congress shallmake nolaw ....abridging thefreedom ofspeech, or ofthepress;..." ••'*' -TheFirstAmendment ■•-.•-■ I J»w*«*lU Vacco's invitation to be rescinded. Protestors first accused the Committee with sending Vacco a "private invitation." This is not the case, as third-years hadmore than adequate opportunity to have input on the Committee's decision. Third-years were sent a memo in mid-January asking those interested in the commencement's activities to join the Committee. Itis our understanding that therewas no limitation on the number ofpeople who could join this Committee. Furthermore, the Committee's meetings were open to the public and thirdyears could jointhe Committee at any time. The purposeof the Committee, among other things, was to select a keynote speaker forcommencement select a speaker, not recommend one to thethird-year class at large. Perhaps the Committee should have sent another memo to third-years once they chose a speaker to seek more input; however, wefeel that such a step would nothave made a difference in this instance nor was it in fact necessary (although it might have been nice). The opposition to Vacco's invitation only surfacedafter Vacco's decision to remove sexual orientation from a listofclasses protectedagainst discrimination in the Attorney General' soffice. Therefore, sincethis decision wasmade after the Committee's invitation, nobody would have cared at that point that Vacco was selected as the keynote speaker. The issue then is does Vacco' s decision to remove sexual orientation from his office's anti-discrimination policy warrant rescinding his invitation to speak at commencement In defenseof his decision, Vacco said that he wanted to conform his office's policy with the state Human Rights Law. Headded that it was up to the Legislature to add sexual orientation as a protected class. We find his analysis erroneous. The Human Rights Law outlines only the minimum protections required by law and doesn't preclude affording additional protections, as evidenced by the fact that Vacco's predecessors issuedexecutive orders to protect sexual orientation from being considered. Therefore, if he believes sexual orientation to be worthy of protection, then he should have maintained his office's former policy. Instead, heallowed himselfto rationalize a "legitimate reason" for his change in policy. Vacco saidthat only experience and professionalism should be considered in his office's hiring practices. If this is so, then why remove the protection? I "V lira \\i \ — Cf*«fc»y voltage — Mw»&«* ' What can be done about late grades? Sixteen Pall semester grades were submittedafter the Feb. 15 deadline. While those whorecall past experiences with late grades may praise this result, absent extraordinary circumstances, there should be noreason why grades cannot be turned in on time. With that said, what can be done. Professor John Sheffer had an excellent suggestion. If students truly believe that late grades areaburden to them,they shouldform a jointfaculty-student task force to research the problem and recommend how to resolve it. It is important thai students demonstrate a true need for timely grades and we believe they can. For example, the need for timely feedback and also for complete transcriptsfor employment purposesare two excellent illustrations of students' needs. Once students demonstrate a need for timely grades at a particular date, then the burden must rest on the faculty to show why grades can't be submitted at that time. The joint committee could weigh the needs of students with the restraints of faculty and determine what a reasonable resolution would be. The faculty must recognize, however, that until this issue is dealtwith, students' frustrations will continue to grow. Editorial: Don't revoke Vacco's invitation, continued not to discriminate on the basis of sexual orientation. While it may be true that he has no intention of discriminatingagainst homosexuals, by removing the protection afforded to homosexuals, heallows for the possibility for discrimination from his subordinates who will make hiring decisions and provides norecourse for those who are discriminatedagainst. However, while wemay not agree with hisdecision and even fear that it might allow discrimination to take place, we feel that uninviting him is not the proper response to his actions. Like him ornot, Dennis Vacco is currently one ofUB Law's most prominent alumni and he deserves to speak at graduation. If a majority of third-years opposed his speaking at the proper time (i.c.-before inviting him), that would be their right. However, to uninvited Vacco would irreparably damage the school's reputation. It would also send a clear message to alumni that only certain viewpoints arewanted and others need not apply. While we acknowledge theright of the protestorsto challenge Vacco's decision in a mature and articulate fashion, the decision for keynote speaker should be made using obj ectiye standards. Vacco and allalumni, including thethird-year class, share a common bond: the experience of UBLaw. Commencement is a time forreflection on this experience and encouragementfor thefuture. Despite his ill-advised decision, Vaccowas properly chosen by the Committee, whichwas, after all, the duly authorized groupto make that decision. In this regard, a decision torescind Vacco's invitation would not just affect the third-year class, but future classes as well. Therefore,regardless of the outcome of the petition drive currently being undertaken to rescind Vacco's invitation, the Committee's decision to invite Vacco must be upheld. In conclusion, Dennis Vacco remains the natural choice for commencement keynote speaker, regardless ofhis political views. —...— ~ r I — —— ——————————————————— ]Duetoproductionproblems, the publication ofthis*. I issue ofThe Opinion was published one day late. I yVe apologize for any inconvenience thatthis may havecaused.. I The next issue ofThe Opinion is scheduled for I publication on March 8; submissions are dueMarch 3. j * L—————————————— —————————— —— J �OP/ED February 22,1995 — THE OPINION r ■> ■- ■t.■ */ 5 ■_ In opposition toVacco speakingat graduation an explanation detailing student concerns but How him to speak at graduation. 3. Have two speakers, either dividingthe in half or extending graduation for an ByNancy Stroud Introductory Statement This letter is in no way meant to reflect on eitherDean Carrel or Professor Finley, who serve a very important purpose as members of ionalstolsminutes. transition team. commend Mr. Vacco's I 4. Do nothing and watch(or participate you on your very difficultjob of working withinthe cprotest. transition team to Other sugrepresent the in- r |"| gestions are he does Mr.Vacco has statedthat terestsofUßLaw I more than wel- I School. Similarly, notplan on discriminatingagainst gays andlesbians. Well, then, why come. REMEMBER: The petitiondriveis only specificallyexclude sexual to get a feel from ? the preference policy the class. 'original" com- I Reasons to mencement committee. The students on thecommittee faced Oppose Dennis Vacco's Speaking at a very difficult decision and made the choice GraduationBased On His Decision to Eliminate Sexual OrientationFrom the they felt was appropriate underthose circumstance. The decision to extendan invitation to Attorney General's Non-Discrimination Mr. Vacco was made prior to his deletion of Policy sexual orientation from his non-discrimina1. Sexual preference has been in the tion policy andafterhis invitation tomembers Attorney General's OfficePolicy for 15 years, of the faculty to join his transition team. threeyears longer than Governor Cuomo was in The CommencementCommittee Meeting office. Mr. Vacco's deletion was an affirmaOn Feb. 16,the commencement commitrequiring a change in all office matetee met with several students concerned that which detail non-discrimination policy, an invitation had been extended to Dennis typeofchange is not withoutmany costs. 2. Mr. Vacco claims he wants his office Vacco to speak at our graduation. As a result, members of thethird year class will be able to y to "conform" to the human rights law voice their favor or opposition to Mr. Vacco's ! state. However, he fails torecognize the alidexecutive order 28, which modifies presence at our graduationby signing a petition. This petition drive will be held Tuesday uman rights law as applied to all state andWednesday, Feb. 21 & 22. Thereis only one :ies to include sexualorientation. (Pataki tated thathe will take 90 days to review petition. If you are in favor of having Dennis istine executiveorders and thencome out Vacco speak at Commencement, write "YES" next to your name. If you are opposed, write withhis own or rescindthose he does not want "NO" next to your name. Members of the continued. You can call 518-474-1041, the commencement committee will be bringing Governor's Citizen Service Unit, to confirm the petitions to classes andwill also be tabling thisinformationand to request that Mr. Pataki outside the library. Please sign the petition keep executive order 28 in effect.) Mr. Pataki only once. Keep in mind that writing "NO" on has not rescinded executive order 28 as ofthis the petition does not necessarily mean Mr. writing and he certainly did not rescind it prior Therefore, givingMr. Vacco's invitation will be rescinded. There are options at the end of the "No Road." every bit of credibility I can muster,Mr. Options 's policy change is at best described as an Rescind his invitationwith explaopriate in light of current law. It also 1. nation detailing student concerns. Mr. Vacco appear incompetent, since le's top lawyer "forgot to Shepardize", 2. Rescindhisinvitationinprinciple with these comments from office lict r EVac o'sdel tion. dignity. 7. Prestige? What prestige does one gain from gleaning praise from a man who steps without thought or research on the rights of minority groups. Is that the type of "prestige" youwant? Is this the type ofman you want UB Law to be associated with? Reasons Other Than thePolicy Change to Objectto Mr. Vacco's Speaking Mr. Vacco is an integral part of the PATAKI ASSAULTCORPS, asquad which is systematically striking out against racial minorities, women, gays and lesbians, the poor and thefew remaining membersofthe middle class. The TIME is NOW. We can not waitfour years to mop up the pieces. We can not sit on our haunchesand waitfor someone else to act. In four years the rights of minorities and the poor will be pushed back a quarter of a century. When we ask ourselves, should we embarrass Mr. Vacco byrescinding his invitation, let us not forget OUR ownpockets intowhich thePataki assault corps has reached, to pull out SeeJNOPPOSITIONcontinuedonpage6 Education, Crime and Punishment by DianeLorencMathers Whether or not most students realize it, in oursociety, education is aprivilege. It ought to be a right, but it is nevertheless a privilege. There are all too many foolishadolescents who balk at their privilege, in spite of interested parents who are willing to financetheireducation There are studentswho treat theireducational opportunity arrogantly and ungratefully, as if they are, in their grotesque ignorance, firmly convinced they are doing theirparents some sort offavor by being in school. Then there are other studentswho, by virtueof their own blood, sweat, and tears, work, sacrifice, and put themselves through school, all the while prizing their privileged opportunity to get an education. Given that education is a privilege that the wealthy take for granted, and thepoor and disadvantaged rarely getto enjoy, doesit make any sense for criminals to beafforded such a luxury? When one is convictedofacrime they are aware that they indeed still have rights (more "rights" thanany of theirvictims got to enjoy, as critics ruefully observe). Indeed, humanists and progressives recognize that, regardless of the inhumanity of their crimes, we must yet respect the rights, dignity, and integrity ofconvicts regardless of thefact that their victims were not treated with respectthat their dignity, integrity, and sometimes even their right to live was completely destroyed. However, just because convicts did awful things does not mean that we "have to be as bad as they are" and treat them awfully. As thewise adage goes, "two wrongs do not make . Vacco should in a manner of speaking. 3. Mr. Vacco has statedthat his position shouldnotinclude thecreation of law, but only the enforcement of law. Obviously this only means the laws he personally agrees with, sincethe current law REQUIRES him to have a non-discrimination policy which includes sexualorientation. His deletionof the phrase IS CREATING NEW LAW! 4. Mr. Vacco has stated that he does not plan on discriminating against gays and lesbians. Well, then, why specifically exclude sexual preference from the office policy? 5. The fact that the Attorney General's Office, the top law enforcement agency in the state, specifically writes out protections for gays and lesbians can only send one message to the general public: it's open season on gays and lesbians. 6. It is absolutely ridiculous to sell outto Dennis Vacco in the hopes that someday he might bring some type ofa helpful program to the law school. Dennis Vacco stands for everything thislawschool is against. If we sell out to this little carrot he holds in front of our noses, we not only lose ourrights, welose our a right", and however reluctantly, we intuthe contrary, PaulandKarla are white, wealthy, and attractive by society's standards. They itively accept it as true. In terms of disadvantaged and abused lived the high life and unbelievably chose childhoods the argument becomes clearer. In violent crime for theirkicks instead of other order to be "rehabilitated", one must be treatplausible options like travelling, or toys that ed well; truly, people "heal" through the most poor people cannot afford. Here's what power oflove and not hatred. Thus, there is they did: when porn magazines and flicks no hope that, by being treatedwith dignity and longer satiatedtheirperverted sexual desires, respect while they are in prison, they will no they sought and found something bigger and longer commit crimeswhen they arereleased. better:kidnapping, assaulting, mutilating,rapThus, while in prison, it is necessary that ing, and torturing young women whilehaving sex with them on video. These are called criminals be treated humanely. However, is there a line between rights "snuffvideos" and, horribly enough, thereis an and privileges that we as a society can draw? abundant supply and demandfor them. As stated, in our society, education is a priviWhat they would do is go for a drive lege based on wealth; in other countries it is a together, hunting for an appealing specimen; right based on merit, i.e., if you do well in whenthey zeroed inon theirprey, Karla would schooland study real hard you get to continue call out to her for directions or whatnot. The to study and go to school. Indeed, education girlapproached the car feeling confident that ought to be a right available to all citizensand these people were "legitimate"—indeed, the not merely a privilege for thosewho are already girlswho were killedprobably wouldnot have privileged. Regardless ofwhether one deems given Paul thetimeof day hadhebeenalone in education a right or a privilege, my contention the car, but Karla was the effectual "bait"— still stands: Criminals ought not be afforded indeed, she was essential. Given Karla's the privilege/right of attaining a university primacy in the executionof these unspeakably and/or professional degree. As a right, they horrendous crimes, one wouldthink that the forfeited it by committing a crime. Does it law woulddeal harshly withher. All in all, they make any sense whatsoever for honest, raped, beat, tortured, and killed 3 young womhardworking citizens to be denied this privi- en, one of whom was Karla's younger sister lege/right that lawbreakers are offered and Tammy! "Harsh" may be a relative word but, it enjoy? There is a particular case I have in mind: seems to me that most wouldagree that taking KarlaHomolka/Paul Bernardo Trial. For those university courses for credit, ordering fast food, who are unfamiliar with it, I will recap the exercising, owning aTVandVCR inone's own highlights: To begin with, we are not dealing cell, wearing one's ownclothes, being allowed with disadvantaged persons, by any means. On SeeEDUCATloNcontinuedonpage6 Commencement ByDavulAdam.% Maureen EbmH Alan Rosenthal, T&iStmishei^andGinaV'diello As youknow. Denots Vacco, the Attorney General for the State ofNew York, has been asked to be the keynote speaker at the commencement this year. He basenthusiastically accepted that invitation Theofferto him was made after the commencement committee, whtch all members ofthe senior class were invited tojoin, voted unanimously to ask Mr. Vacco to address the class. Since this is t be fi tst ti me in history that the State's chieflawyer has been a graduate of ÜBLawSchool,itseemedmost appropri- ate 10ask Mr. Vacco tospeak at our graduation. Many people in offices at thatlevel do not make time to return so quickly to their alma matet, but wehoped he might, because hehas been active at the school as a member of theboardof directors of theLaw Alumni Association, aodas an adjunct faculty member in theTrialTechnique Program. As a duly authorized group representing the senior class, we made the offer and it has been accepted. Now some studentshave expressedopposition to At tomey General Vacco. because he removed the sexual preference clause from his office's non-discrimination policy. Attorney General Vacco has stated that he removed the clause only because it is not included in the Human Rights Law, and he believes any change should be made by the legislature rather than by his office. Although wemay not all agree with theway this washandled, thete is noreason tobelieve that his office will discriminate in any way. He has explicitly stated that be is not concerned withaperson'ssexual orientation andthat 11 is not a factor to be consideredwhen making employment decisions. He has promised thathe will not discriminate, and hisrecotd as the UnitedStates Attorneyfor the Western District of New York shows no hint of any discrimination. B<. he spent to years as a prosecutor in the Erie County District Attorney *s Office, where he was also highly regarded with an unblemished reputation. Concern has also been expressed that his office will not recruit on our campus because of an unwillingness to sign ÜB's , antj-discriminatton statement, which in- cludes sexual orientation. On the contrary. Mr. Vacco's officehas indicted that they will gladly sign the statement. In addition, the pol icy ofhis predecessor, which precluded an attorney I'ium woi mug in the Attorney General *s Office until two years after graduation from law school, hasreceml y been changed toelimmatethewaitmgpenod. Mr Vacco has indicated a strong willingness to hire third-year law students to begin working after graduation. He also expects to hire numerous law students as summer interns, and he hasa special allegiance for those who attend ÜB. which heproudly identifiesas his taw school. At an earlier stage in this process, a discussionot the merits ofinvitingMr Vacco wits welcome Everyoneinthcclasshadthe opportunity to be involved in making that selection, and those people who volunteered to participate voted unanimously to ask Mr. Vacco as theirfirst choice. Now that an offer to the Attorney General of the State of New York has been made and accepted, it seems entirelyInappropriate to thinkaboutrescind- .■ . ■■■ 77k; authors arc alt members ofthe Com Commute* who invued VavCO to ■ . mencement speak ,-■■.; .■,■■■■, ,v. ■-~■.:,,.■;.;,,:■;■:..■: :■;-.■:: :■.,,.:,,;■. ;■;■:.; .■■-:■:.,..,;. �OP/ED February 22, 1995 6 THE OPINION Opinion Mailbox In need of legal assistance To the editor: I am presently incarcerated at F.C.I. Mckean, and serving a 22 year Federal sentence. At the moment I am representing myself pro se, and I am seeking legal assistance in hopes forrelieffrom my conviction. I am hoping that possibly I can receive assistance fromyour department to review my trial transcripts in searchforany constitutional violations that may have occurred during my trial. Perhaps there may be a law student that is willing to assist me inmy quest forfreedom. I must inform you that I have no financial resources and there is very little that I can contribute to this task. If you or any student in your institutionis interested, please contact me at the address below. Don't mock Jesus may feel thatthisis deserved. However, Jesus does not deserve to bemocked. As a follower of Christ, I humbly ask whoever has been placing those papers upto stop. Jesus never did anything to you, except die on a cross for your To the editor: During the past week, there have been many attempts in the law school building to definewho Jesusis and whatHe standsfor. As a law studentwhoconsiders Jesus as the most important person in my life, I would like to state who Jesus is to me. Jesus is my Lord and Savior. He diedon a cross to pay the penalty for my sins and gave me the gift ofeternallife whenI received him into my heart six years ago thismonth. Everything I am andall thatI will everbe are a result ofHis strength and grace. Although He is God, Heconsiders me Hisbrother and I owe my life to His love. I am no one special, though, because Jesus offers the same love and forgiveness to anyone who would ask Him into their heart. Lately, there has been a backlash at the law school against the Christian faith. Some salvation. Michael P. Grainger, 2L LGBLS opposedMichelman event To the editor: An error appeared in thelast SBA Newsletter. LGBLS was mistakenly connected to a fundraising attempt to bringKate Michelman to speak at the law school. LGBLS voted not to co-sponsor the event. I apologize for any misunderstanding the notationcaused. In addition, Kate Michelman had to cancel the event due to a schedule conflict. Nancy Stroud, 3L Sincerely, Wadgy Charif # 17021-083 P.O. Box 80001(B) Bradford, PA 16701 In opposition to Vacco speaking at graduation. continuedfrom page 5 conquer" maneuver to splinter the efforts of No! Are their gay and lesbian grads ofUB in groupswho oppose his changes. Dennis Vacco's the Attorney General's Office? YES! Are policy change simply adds one more front to the there MORE gays and lesbians in the AG's maneuver. office thanthere are Dennis Vaccos? Yes, so Where will the money come from for why support one UB grad over many others? these "carrots" we are being offered? Why is Don't they deserve as much support? If you itthatMr. Vacco can spendanother $1,000 per choose to support Mr. Vacco, you must ask month on an EXTRA OFFICE inBuffalo while yourself, "AmI only doing thisbecause ofhis at the same timethe state is in such a financial position of power?" If the answer is "yes", I crisis? Whose job is he going to eliminate so wish you well on your new diet of carrot bits. thathe can sit in his cozy new office? Which If the answer is "no", speak out. families will be living on the street? Whose the last ofour lint. The threatenedlay-offs and program cuts. The mere fact that Mr. Pataki did not even have the decency to address a crowd of our peers at a rally in Buffalo last week. Who will be left at UB Law School to benefit from these little carrots Mr. Vacco holds in front of our noses andasks us to bite from? Who willbe eligible? Who will beable to affordit? EOP gone. TAP gone. Tuition $2,OOOmore per semester. I'll tell youwhowill be here: those who have traditionally held positions of power in this society. PEOPLE WHO LOOK LIKE DENNIS VACCO AND GEORGE PATAKI. Don't kid yourself into thinking Dennis kids will no longer receive healthcare? Which women will have to sell theirbodies to get food for theirkids to eat? Vacco is a distinct and separate entity from George Pataki. The PATAKI ASSAULT CORPS is using a traditional "divide and ButHe'saUßGrad... IsDennis Vacco the only graduate of UB? One LastNote havebeen asked not to be a reactionary, I to somehowwait untilthere is damningproof of discriminationbefore I act. I equate these words with a request tobe silent. I'm sorry I can not and I will not. The phrase Education, Crime andPunishment, continuedfrom page 5 private visits with family at an unsupervised cottage and the prospect offull parolein 3 years does not in any way, shape or form constitute harsh punishment. Apparently, the law is dealing withKarla withkid gloves because of her agreement to testifyagainst herhusband at trial. One wonders if her testimony is all that essential as they actually have the "snuff videos showing the girlsbeing tortured,raped, andkilled. Nevertheless, they do in factregard her testimony as essential and are certainly willing to "spoil" her for it. Karla's husband's lifeis not sopretty. He spends his time bored in a bleak windowless segregation cell at the Niagara Detention Center. Visitors speakto him througha perspex screen. Indeed, such treatment seems fitting. However, even honest feminists cannot dispute the reverse sexism here. As they both committedand tookdirectpart i n thesehorrendous crimes, why is Bernardo rightfully punishedandKarla nauseatingly babied? Because sheis a woman? Because women don'treally commit violentcrimes like that? Because she must havebeenbrainwashedby herhusband? Such thinking is inevitably sexist and insulting, because the fact is, woman or man, she was just as evil as her husband; what she did was justas heinous(ifnot moreso!). So thequestion remains: why are they meted wholly disparate situations? It is grotesque that Karla is able to enjoy the privileges ofon-site education and correspondence courses. Rightfully she ought to spend her time in apotato sack, and be forced to dohardlabor for therest ofher life. So why does she get to experience the opposite? She comfortably wears her own clothes, watches cable TV in her "dorm-like" prison cell; she has weekendworkouts at thegym, periodic fast "SILENCE=DEATH" didnot originate out of thinair. The PATAKI ASSAULT CORPS is here, in power, and alive; acting every day to destroy the rights of minority groups. My choices are limited: live outside of society or fight the powers that create these barriers. History repeats itself. I need not wait for the first ruined career to predict it is coming. If you care about UBLaw School, if you care about anything, care about this. As students, we are oftenwithout voices. This time we have the power to send a message to Mr. Vacco: Ifyouwant tohelp thelaw school, fine, but not under these terms!! Please write, "NO!" on the petitions! Thank you for caring. Nancy Stroud is Vice-President LGBLS. of the Tell us jowr opinion! food dinners, and private visits. Her parents, her sister, and even her pet Rottweiler have journeyed on a regular basis to see her. On these visits,Karla and her family stay at these unsupervised cottages equipped with stoves, microwave ovens,VCR, anda gas bar-be-que. All of thecomfortsofhomewithoutannoyingly intrusive guards. With the help of the Ontario government, studentloans are available to her Ifyouhave an opinion onanything published in our newspaper or ori any current events topic that concerns the law schoolcommunity, writeTheQpin- (IBM-WordPerfects.l format), The Q pifripfl, reserves the right to edit any and all submissions for space as necessary and also forlibelous con- ion, tent; we willnotpublishany unsigned submissions, Send your submissions to The or place themeitherbox All submissionsare due theFriday before we publish. Your submission must be typed, doubled-spaced, andsubmitted onoperandon acomputerdisk andKarlaplanstohaveherß.A.in3or4years. She toldherfriends thatsheshould probably be done by the time ofher release on parole. I cannot be the only one who finds it offensive for murderers to live privileged, "cushy" lives. Indeed, Karla can count on two things: one, thatshe hasbeen and will continue to be treated better than her husbandbecause she is a woman. Two, she can count on the apathy of the citizenry to allow this to continue. People may read the articles, make a comment or two about the case, but will unfortunately not actively work to change theunjust situation. What can be done? As we live in a democracy, we ought to write to legislators and express our views. We must push forlegislative change. The populace must rise up and take responsibility for this travesty ofjustice. Unless wepublicly decry suchatrocities and employ fervent political activism, monsters like Karla Homolka will continue to live BETTER than most poor, underprivileged, honest, hardworking people despitehaving committedthese disgustingcrimes against humanity. Ifsociety does not get motivated, we are all going to have to live in a world wherefemale criminals are pampered while honest hardworking citizens suffer and work themselves to the bone to pay for the privileges of criminals! DianeLorenc Mathers is a IL. I l I loor2So. MlH3j \ \ Opposed to Gov. Pataki *sproposedbudget cuts to SUIVY? Join UB United \sfree bus trip to Albany 3 a.m. Monday, Feb. 21\ or write toyourstate legislator (sec listing , on page 10). United, students can make a difference! _„__,__ ■ ::-....::. ::;:;:".'.:' •■:: V ::;:-;:' .../•. :;--' .:..:::: :;::/.'. ;:-:: .:■:■ - . . .. ...:; .V::;::;..'.. ;:>:: :v:: ..' : V;:V: ■■■...... ::::.-::::V..-. .Y;;.v.;:;:::.'.: .V..;: . :.. ;:■:■..■;■;•..;■ -. :■:■: ■:■:■■■ .- ■■•■.■. ■■ ■■:■:■■..■ .■■ .:■■., ■■■ .-:■■ ..,-, ;■::■■:■:■ ■■ ■■;_, . ■■ ■ ~... ~___^^^.__^^^^j^a^a^^ �February 7 THE OPINION Staying Healthy How to keep the Buffalo winterfrom getting to you down By Sam Chi, Features Editor Take some bleak, blusaddto the mix poor days, tery nutrition and inadequate sleep, and then sprinkle in the monotonous strain of school, and often the results Id Knd I easing their duration and intensi- body aches. Much hagrin of many, it's c ofyear whencolds run rampant through ulous. ;rhaps it is little con1,but if you happen to ,knowthatyou'renot alone. Nurse-Educator ElizR.N. notedthat t majority of people to theStudentHealth located in Michael Hall on the UB South Camvictims of the colds "We'reright in the middle of cold and flu sea- Beyden, . R Bhe nudvjS Jfnisvuodj'tq said, ut getting sick is not itable consequenceof the season. Preventative measures like eating well, exercising regularly, managing stress, and getting proper vaccinations can gofar tostave off illness. Healthcare providers emphasize preventative measures, for there is little anyone can do to treat the disease once someone comes down with a cold or a case of the flu. Although antibiotics sometimes help, doctorsand nurses can treat only thesymptoms of thecoldorflu. Heyden said that they usually let the disease run its course. But, cheerup, it's not as bleak as it sounds. Ron Ingalsbe, Director of the Living Well Center, notes that people who have a positive mental attitude get sick less often and recover faster when they are sick than thosewho lack a positive mental attitude. Research has shown that an optimisticoutlookand things often associat- experiencing negative emotions, xplained. "Manage them [thereby] are sniffles, sneezes, coughs, ed with it, such as having a sense of meaning or purpose, having good relationships, and especially managingstress without negative emotions, is highly correlatedwith healthy immune system "The mind-body relationship Mtion. ell accepted," Ingalsbe said. Ingalsbe notedthatstress manage- ■itwoul dbepar-1 larly germane to lawstudents. He that stress ■I ally results from two sources, workload and inrelaships. To deal i work related lersonal establishingasupport systemsoffriends or family to whom you can delegate responsibilities. And if nothing else, a support system is goodforkindword or a bit of encouragement now and then. On theotherhand, stress from interpersonal relationships is harder to deal with. Here, communicating better seems Ingalsbe said that managing negaemotions requires new modes of thought. "It requires being aware of what goes on in your mind, being conscious of how you react and aware of what makes you angry." He said that negative emotions sometimesresult almost automatically, out ofhabit. "They can becomea typical wayyou respond to peopleor situations." Herecommended not getting angry over things you can not control, "Why should you sacrifice joy oversomething out ofyour control?" He addedthat theLiving Well Center offers seminars on stress management and stress reduction techniques. Heyden agreed that there was a connection between mental attitude and immune system response. Butsheadded thatthereare preventative measures like exercising regularly, goodnutrition, and getting immunizations are very good ways to keep healthy. Regular, moderate exercise helps manage stress and prevents feeling lethargic. "When you' re stressedandfeeling lethargic, your immunity is lowered," Heyden said. "Eating well is very important," Heyden added. If the body does not get the nutrientsitneeds toproduce energy, "It can break down protein to get it. -i Antibodies (things in our bloodthatfight infection) and muscle are protein," she explained. People who have a positive mental attitude get sick less often and recover faster when they are sick than those who lack a positive mental attitude. sures, Ingalsbe recommends time and task management techniques like studyingregularly andtakingshort breaks while you work. He also recommends to be the key. Ingalsbe recommends being assertive, but not confrontational. Negative emotions, like anger, rage and recommends eating more vegetables, fruits, and whole grains, as well as reducing the consumption ofprocessed food. Further, he recommended eating at least three jealousy, add to the problem. "Try to SeeHEALTHYonpage9 GroupSpotlight:Medical-LegalSociety Society seeks to cure 'ambulance chaser' image by Sam Chi, Features Editor It's not frenzied like "ER," nor is it glitzy like Law," but UB Law's Medical-Legal Society "LA still deals with law and medicine. The group, established last year, struggles to fight an ambulance-chaser stereotype, studentapathy and a low membership. "This is a hot topic," said the society's president, Scott Philbin, IL. "[lt is] an evolving field policywise." But he concedes that the tort aspect seems to dominate public impressions ofthe group. "Whenever I mentionthe medical-legal society, the first thing that comes out ofpeople's mouths is 'oh, ambulance chasers'." The group's secretary, Linda Rouse, IL, agreed thatstudents "should see our society as more than a bunch ofambulance chasers." "There are so many issues that it covers [including] ethical issues like the right to refuse treatment," she said. "The public policy issues are immense," Philbin added, "The tort facet is just a small part. HIV privacy [rights], thePublicHeathCode there are three vol-l"^ -umes of McKinney's devoted toit—these are all medical legal issues." Further, although he acknowledged thatClinton plan was all but dead on arrival, the topic of healthcare reform is still aliveand kicking. "Healthcare reform is still required," Philbin said. - were many ethical and moral issues associated withgovernment creating and especially enforcing public health policy. "Over the summer I workedfor the Onondoga County Attorney's office during a rabies outbreak. We discussed requiring rabies shots for cats. We required them for dogs, but not cats." He saidthat le cat ownersobjected tohaving government tellthem had to vaccinate their pets. Philbin admits to feeling somewhat frustrated at the c ofstudentinvolvement. "I'm surprised there hasn't n more interest in it," he said. The groups sent flyers out last semester. Although many law students indicated that they were interestedin the group, few have attended any meetings. "We know what we want to do, but we lack the numbers to meet our goals," Philbin said. Despite the groups best efforts, he estimated the number of active members to be less than 10. "Some people are hesitant to join because of the ambulance chaser image," he said. But he also admits that the group got a late start last semester, aftermany students already committedtheirtime to other groups. Rouseadded that thetreasurer spot is still vacant and thatthe society is looking for new people with lady , "We know what we want to do, but we lack the numbers to meet our goals/ -ScottPhilbin - FEATURES FEATURES 22,1995 new ideas. Nevertheless, Philbin sees this semester as a rebuilding, transition period. He notedthatthe group had been more informal last year. "As it was explained to me, people got together, ordered pizza, and discussed health care policy issues." Instead, he envisions the society ultimately doing typical group-type things like sponsoring speakers and inviting panels oflocal experts for roundtable discussions. The society also hopes to eventually put out a journal or a newsletter. Rouse shares Philbin's optimism and hopes to add a summer internship in the near future. She notedthat links could be forged withlaw firms thatpractice in the subject area or with health care organizations' risk management or in-house counsel departments. In addition to the speakers and journal, the group hopes to get input frommedical students attending ÜB's medical school. "We have a mcd school, and as far as I know, it's a good one. It would be nice to get them involved," Rouse said. The twowere quick topoint outthatthere are many jobprospects related to medical-legal issues. Opportunitieslie with hospitals andotherhealth care providers, insurance companies, as well as with pharmaceutical companies. Philbin mentioned that there was great demandin the public sector also. "An entire division of the state Attorney General'soffice is concerned with defending state hospitals. There are also numerous opportunities with local and county governments," he said. Besides, Rouse acknowledged, that ifnothing else, one could at least find work with a personal injury or medical malpractice firm. "It affects so many aspects of law. It will really open doors," Philbin said. �FEATURES THE OPINION 8 The Roaming Photographer February 22, 1995 Stream of Unconsciousness By Sam Chi Features Editor Microwave popcorn: , a pseudo sexual experience by Joseph L. Broadbent, Asst. News Editor This week's question is... What do you thinkabout theVacco controversy? Erik Larson, 3L "The opposition to Mr. Vacco speaking isa shameless attempt at political censorhip. Are we afraid to listen to someone with whom we disagree?" I vehadabadday. It wasn't the worst day I 'ye ever had, but it's a day I don't care to repeat. Actually, it started out rather nice. It was 8 a.m., it was snowing, the really woke me up. Who needs coffee? Enjoy the aroma ofburnt popcorn. It'll kick you in the pants and give you thatperky, "I wantto get out of the house to vomit" feeling. The rest of the day actually wasn't sobad, but it couldn't helpbut be overshadowed by what happened first thing in the morning. The popcorn incident set the tone forthe day. People I didn'tknow were comingup to me and offering theircondolences. Some offeredadvice on how to cope withthe tragic and traumatic event. They told me my life must go on. Some even offered me butter and salt. The only thing that kept this day from being a total pooch-screw was the fact that no golf clubs were involved. Yes, baddays come and go, but to really have a horrendous day,you need a seven-iron. Just ask Gerald Ford, George Bush, and Bill snow plows were going, and there was only aslight chance of frostbite in short, a beautiful morning. It was the kind of morning that just makes you want to sing Rodgers and Hammerstein lyrics. - "Oooooh-klahoma! Where thewindb10w5..." it always worked Xl, xtterman.. My day started to go nhill when I had this len cravingfor microwavepopcorn. Yeah, mi- MikePetrik,3L "It's hypocriticaI for people who champion diversity in thislaw school to stifle every point ofview except their crowave popcorn. Don't askmewhy,butljusthad Clinton. to havesome. Early morn- — own." Jamie Crolle,3L "I'm bothered by Vacco's decision to exclude sexual orientation as a protected class, but it's badform to rescind the offerafter accepta nee. However, I wouldn 't want to see our graduation marred by acts of civil disobedience." Virgina Jacobson,3L ing, irradiated corn it worksfor me. Besides, microwave popcorn is kinda' cool. You stick this curious, floppy thingy in the oven, add a gizillion little, itty-bitty waves (hence the name microwave), and zap, before you can say Delta Burke, the thingy stiffens and balloons to twice its size. Magic, right before yourvery eyes. Aside fromitsFreudconnotations, microwave pop-1is good stuff. Tobe honest, I'm usually not a popcorn freak, but I guess from j to time everybody craves things. JuliusCaesar craved power andworld domination. Paris craved Helen, and even started a war for her. Catherine the Great cravedtheultimatesexual experience. Next to these, my meager craving for popcorn seems silly and trifling; but hey, you gotta start I someplace. Nevertheless, no matter how silly or even trifling, I discovered "Personally,I wouldn't have desired Vacco to be the speakerbecause of h is overaIIpoliticoI stance, but unfortunately the time to challenge the selection has come and gone. " cravings can sometimes be bad. Afterall, Caesar, obviously unaware of the Ides, was bumped off on the Senate floor. Paris'sTroy, duped by a wooden horse, was sacked, pillaged and forced to make condoms. Tragedy even struck the Russian Empire, Poor Catherine was impaled by a horse's member. She should have stuck withmicrowave popcorn. Cathy Brennan,3L "I am opposed to having Vacco come. He is part of a reactionary administration that promises to make life miserablefor everyone but unattractive property holders... and I guarantee that when, or if, he comes, graduationwill not be pleasant." Until next time. .. Of course, I didn't heed these lessons of history until it was too late. Things were going great-here a pop, there a pop, every where a pop, pop until I realized that Orville Reddenbacher bearsan uncanny resemblanceto Schlegel. Gosh, if you give the popcorn dude hair extensions, you won't be able to tell the difference. I thought I could write one of those niftyseparated-at-birth columns. Orville—JohnHenry. Actually, maybe they're the same person. Have you ever seen them in the same room at the same time? Think about it. I was amazedand preoccupied by this discovery, so much so that I'm still not quite sure what happened next. All I remember is that the ovenwentpop, pop, andthen fizz. I was left pondering what sort of reliefthisis as smoke poured out and billowedinto the room. It's acrid, nasty smoke, accompanied by a smell that could wake the dead. It's the kind of stuffthat lingers despite all efforts to get rid of it. lopenedwindows,turnedonfans, leventriedanexorcism. Butallmy efforts were in vain. The only good thing that came of it was that it — Healthy, Healthy, Healthy, regular meals, perhaps even four to five small meats. Skipping meals is not a good practice, "Too much timesbetween meaisencmirages thebody to store fat," hesai<L"Skippingcou!dsometimesmakeyoufatter." Immunizations, especially the so called "flu shot,"are only useful if received prior to getting sick. Immunizations work by inuodi«ingdead<»rweakeoed germs into thebody. The body then produces antibodies to fight the germs. One should get the flu shot in November orDe» cember, at the beginning of the cold and flu season. Although there is an influenza vaccine, there is no vaccinefor thecommon cold, Heyden saidthat because thereare so many types of cold viruses and that they change so quickly, itis impossi ble to vaccinateagainst all of the strains. But immunizations and good nutrition aren't the A week ago the presidential trio were participants in a celebrity golf tournament in California. Bush andFord hit spectators. Clinton just hitbad. As theBuffalo News put it, Bush'ssecondshotbouncedoffatree andhitanoldladyonthebridgeofher nose. She broke her glasses, bleed heavily, and required 10 stitches. Later in the day, Bush clipped yet another spectator, but this time the former President didn't drawblood. The man, wounded in the leg, had only minor injuries. Ford, hit a tee shot that got away from him but made it to a spectator's finger. That alone may not have been that bad, except that the finger was still attached to the spectator. The woman didn't seem that traumatized by the incident. Clinton, to his credit, didn't hit anyone. But his errant shotsflewall over the place, and like his policy agendas, missed their marks by wide margins. Anyway, a lessor editorwould have dismissed this outing as a bad day. But, not this intrepid features editor. Instead, it evinces an insidious Republican conspiracy to balance the budget by knocking off social security recipients. Fewer recipients, fewer dollars go out. The fact that no one died is a minor detail. Heck, maybe the tournament had lots ofburnt popcorn around. continued frompage 7 only things that help to ensure health. Heyden recommends gettingregular physical check ups. Also, washing yourhands and covering your mouth when you sneeze or coughhelps prevent the spreadof i nfections "Colds and flu are spread by airborne droplets,"Heyden said. "'Not breathing them in is a good idea." \ Furt her, little things like gettingadequate amounts of sleep and dressingcorrectly when you gooutside helps to keep you healthy. Experts say that drastic changes in temperature and other environmental conditions can weaken yourimmunesystem. They recommend dressing jn Jayetsandusmga hat and a scarf to stay warm w hen the mercury drops. : Although nothing will make you invulnerable to germs, following the sage advice of experts can help keep your semsester largely free from illness. �February 22,1995 FEATURES/NEWS THE OPINION 9 Dean Boyer recounts last semester's trip to Poland by Karen A. Bailey, Reporter Law school Dean Barry Boyer spent last semester on sabbatical at JagiellonianUniversity, inKrakow, Poland. During thattimehe attended an environmental symposium and witnessedthelaunching of UB Law's first student exchange program in Poland. The exchange program's initial focus on humanrights reflects the two schools' mutual interest in that area. TenUBLaw studentsand two faculty members traveled to Jagiellonian to participate in a program featuring human rights lecturers. Jagiellonian law studentsand faculty will travel to UBlater on this semester. "Theidea for the program grew out of a prior relationship between UB and Jaigiellonian,"Boyer said. UBLaw professor IsabelMarcus and Jaigiellonian's HalinaNeic participated ina faculty exchange program and thought thatstudents wouldalso benefit from a similar project. Professors Marcus and VirginiaLeary administer the program at ÜB. Boyer emphasized that "the particular exchange model is unique because most law school exchange programs follow the classic semester or summer abroad approach." He cited Sasakawa, a Japanese foundation involved inEastern Europe, as central tocreating and fostering the model.This approach allows "people interested in similar issues to collaborate and is cheaper for students," he ex- Dean Barry Boyer eled to Poland are collaborating with Jagiellonian law students on eleven research projects. Currently, theUB law students keep in touch with theirresearch partners via electronic mail and a satellite link. Despite impending budget cuts, Boyer hopes to continue the program and explained that focus on funding fromoutside sources will now be necessary. He emphasized that the program "is a promising model which equips students to function in an increasingly global SBA Meeting, continued from page 3 donatedthe penny that was distributed to each student in their mailboxes to promote the fundraising drive, they will permit that person to sign the list. Rodriguez saidthatshehad heardsimilar complaints and that perhaps the fund drive couldalsobe conductedin thestudentunion to reach more students. Pundurs said shewould look into that. Qass Director JohnLeifert, 2L, saidsome of the people who spoke to him considered placing the names of law students on thewall to be harassment. Class Director Rob Kitson, 3L, said he felt BPILP was doing an extraordinary joband thathe had not heard any such complaints. Pundurs said that if anyone truly felt harassed that they take their complaints directly to BPILP. plaints from some of the students about one aspect of the current fund drive. BPILP has posted a large list on the Ist floorofO'Brian Hall withthe names ofall law students, with aspot for eachstudent to sign his or her name. If a studentdonates to BPILP, they are given a magic marker and they can sign their name in the appropriate spot. Hamboussi said thestudents complained that they cannot afford to donateand they are embarrassed by having theirnames on the wall. Pundurs said that the reason for posting the names wasn't to embarrass any student, but to create an incentive and torecognize those who chose to support the organization. She furthersaid thatshecouldn'tmake thedecision to take thelist down, since the organization as a whole voted to put itup. She suggested that if anyonecould not afford to donate, that ifthey The Opinion -T.mcly, Probing Controversial } and (9ome-H»tngs) Pat rvfuL impact, so the economy is top priority," he practice international law." Boyer said the environmental symposium provided an important opportunity to satisfy his curiosity about the effects of decades of socialism on Poland's environment. He was particularly concerned with exploring added. to plained. According to thedean, students whotray- TonO society, whether or not they specifically intend the notion that Poland is an "environmental wasteland." He found, instead, that "the iron and steel industries which once polluted Poland have been shaken out by technical oversight and market forces." According to the dean, local environmental initiatives and foreign aid havealso played a role in this phenomenon. He exclaimed surprise that "in some ways Poland is a bit ahead incoming up with solutions to address pollution." For example, he explained thatPolish polluters are required to contribute to a fund for environmental investments. He noted that although the high fee is not apowerful incentive againstpollution, it is an innovative attempt to address the problem. Boyer said use of such market mechanisms is Poland's generalapproach, in light of the country' s concern about it's economy. He explained that in theUnited States "we have the luxury ofarguing about whetherthe economy shouldtake precedence over theenvironment or vice-versa." However, because Poland's transitional economy is fragile, "signing ontoenvironmental agreements can have a major economic sion to go on sabbatical. CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Fred Piscop ACROSS 1 Cottars 5 Just one of those things 9 Sing softly 14 Med. sen. subj. 15 Romeo or Juliet 16 Cliff protrusion 17 Rd. named for an actress? 19 Fend off 20 Deep green 21 Nixon's Six 22 Mocks 23 Writer 24 Notsm. 25 Rd. named for a ballplayer? 29 River J ( woftic, FaotjJ V -/ symposium. According to the dean,the opportunity to do some more writing was central to his deci- Back by popular demand Crossword Mania! Silverstein !> "Currently, Poland is trying to privatize its public sector and wants very much to be integrated intothe European Economic Community (ECC)," the dean explained. He emphasized,however, that the sentiment isn't necessarily mutual because ofPoland's potential to compete. "Poland never collectivized its agriculture ...so small to medium farms in Poland could effectively provide competitive prices in an unregulated market," he explained. Polish products that come from an industrial tradition oflow wage scales could alsobe asource ofserious competition on the market, he said. Boyer, who specializes in environmental and administrative law, presented a paper entitled"Making Regulatory Analysis Work." "Poles were very interested in finding out how agencies inthe United States address environmental problems," he said. He explained thatPolish attendees were provided with an opportunity to communicate directly with the EPA via a satellite link. The bilingual symposium, sponsoredby theU.S. Consulate inKrakow was wellattended by bothAmericans and Poles, thedean said. The deanis currently working withtheBuffalo Law Review on publishing the results of the embankment 32 Assurance from Good Housekeeping 33 Blue Velvet 30 Outer: Prefix 31 Sentence essential 32 Movie-theater liner 36 Cosmetics 3 Anadn alternative 4 Like most mules 5 The Rose of 41 Beyond a doubt 42 High as 44 Rd. named for a West * Virginia name 6 Full nelson and others wet 7 senator? 46 Peter Ames's employer 37 In a sensible way 40 Exposes 10 the atmosphere Deli 43 delectables 45 Saddam Hussein and King Hussein 46 Ski lodge 48 Field-goal value 49 Franklin (heating (mistaken) 47 Wishes one 8 Crumpets hadn't 48 Believers in the Almighty 52 Mexicai munchie 55 Fashion designer of complement 9 Bordeaux wine 10 Addressed abrasively 11 Poems of devotion 12 Cruel dude 13 Lets ouch them 18 Nag 21 Tierradel note 56 Perform on the soapbox 57 Rd. named for a stooge? 59 UnsafeatAny Speedauthor device) 50 Ifs sometimes thrown in 51 Traffic tie-up 52 Chinese Fuegoco- 60 Pulitzer Prize owner winner of 1958 23 " .Rattle and Roll* T 61 "Did you star secret society 62 Actress Sharon 25 Pooped Vanilla 53 Sea eastof 34 Rapper 63 Excite 26 Sherpa irte Caspian sighting, 64 Hawk perhaps 35 Studio doDOWN 54 Assured of overs success 1 Sporting one's 27 Agonize 38 Gumshoe 28 As soon as 57 Cornfield cry bid' '-"ysuit 39 Disposable29 Pinocchio, for 58 That's in 2 "Wl disgusting V razor brand one ? i E p U -fff-p BJp MO 111 112 113 |g Hrc v " T7 ■p4 34 _ 30 31 Hft — H 55- ° His Mb23 HLP* 2 29 p p p m 26 r^THP * JB ■■■ •mi? lillll Join The Opinion ! We're into everything. » 56" 53 ■■ *9 H53 M 58 H&s 28 IP3 ■""■32 ■ M b< 21 -hsi CI 992 Crossword Magazine Inc. Box 909 • Bellmore, NY 11710 • (516) 679-8608 See answers on page 11 51 �NEWS February 22, 1995 10 Briefs Poll: 70% of lawyers say Simpson will walk A poll commissioned by the National Law Journalrevealed that 70percent ofthenations attorneys are convinced that O.J. Simpson will not be convictedof killing his ex-wife, NicoleBrown Simpson and her friend Ron Goldman. This is up 10percent from five months ago. If Simpson is convicted, 37 percent oflawyers are of the opinion that Judge Lance Ito has committed reversible error, and 69 percent believe that the whole spectacle has diminished respect for the legal system. Other questions asked in the poll confirmedthat 35 percent ofthe nations lawyers believe that Simpson should take thestandand testify in his own behalf, while 44 percent believe thatit wouldbe a bad move for Simpson. JudgeIto is seenby 67percent ofthose surveyed as being in controlofhis courtroom, and73 percent say hehas not favoredeither side. Rating the prosecution and defenseteams, 18percent saidthat the state is doing an excellent job, while 15 percent believed that the defenseteam is deservingofan excellentranking. JohnnieCochran was rated the best on the defense "dream team" by 31 percent of the respondents, whileMarcia Clark was awarded thehonorby 25 percent. Source: NationalLaw Journal, Feb. 27,1995. i Point ofInformation ! Q: "Whatare theaddresses ofourstate Senators andLegislators ? A: Here they are: Governor Honorable George E. Pataki Executive Chamber State Capitol Albany NY 12224 Phone: (518)474-7516 New York State Assembly Members Richard R. Anderson (R) 5555 Main Street Williamsville, NY 14221 Fax:(518)474-1513 Arthur O. Eve(D) 1377Fillmore Aye Buffalo, NY 14221 New York StateSenators: Sandra Lee Wirth(R) 1500UnionRoad West Seneca, NY 14224 AnthonyR. Nanula (D) 65 CourtStreet Buffalo, NY 14202 Mary Lou Rath (R) 5500 Main Street (Suite 260) Williamsville, NY 14221 SamHoyt(D) Donovan State Office Building Buffalo, NY 14203 Francis J. Pordum (D) 3812 South Park Aye. Blasedell, NY 14219 Thomas M. Reynolds (R) 65 Court Street Buffalo, NY 14202 William Stachowski (D) 125Main Street Buffalo, NY 14203 Robin L. Schimminger (D) 3514 Delaware Aye. Kenmore,NY 14217 PaulTokasz(D) DaleM.Volker(R) 620 Main Street East Aurora, NY 14052 Donovan State Office THE OPINION Law group teaches high school students about dating violence by Mike Chase, Asst. FeaturesEditor The Domestic Violence Task Force travelled to Clarence Central High School on Friday, Feb. 17 to teachstudentsabout datingvi olence. Their goal was to make thestudents aware of just what types of abuse there are, ■ and to enco ur age thoseinabusive relationships, or plied by the group Alternatives for Battered Women, based in Rochester. Vick, who also volunteers for that group, brought the program to Buffalo. The trio spent the dayspeaking with kids in four classes, ranging from ninth friends, to seek help. with dating violence and presented some case studies in order to get the students thinking about differenttypes ofabusive relationships. The team also discussed emotional, physical, and sexualabuse and thedifferent forms thatthose might take. They tried to dispel many ofthe myths surrounding dating violence and gave kids ideas about how to speak to their "You could literally be saving a life." Lett Opanashuk — Caroline Hooper, Len Opanashuk, and Jen Vick, all firstyear law students, co-chaired the Education Committee of the Task Force. The program which they developed represents thefirst time the TaskForce has ever gone intoa high school to educate students. Their program was adapted from one sup- friends when their concerns are arousedand when to take their worries to parents or the police. "You could literally be saving a life," explained Opanashuk to anattentive audienceofninth graders. The three alsodistributedpamphlets to the students which contained more information about domestic violence, about the group, and about themany other organizations which offer help. Hooper, Opanashuk, and Vick then stayed at the school for over an hour in the guidance counselors' officeansweringstudents' questions one-on-one. The Task Force will return to Clarence Central High School the next twoFridays to gettheir message out to more kids and to furtherdevelop this new program. To find out more informationabout theDomestic Violence Task Force, call 645-2782 or stop by their office inßoom 602. Late grades, continuedfrom page 3 of exams, but both goals can be lation*, Professor Joyce; Estate & achieved within a reasonable time GiftTax,Professor Joyce;Adminisframework." trative Law, Professor Meidinger; While Sheffer said that he was Corporate Tax*, ProfessorBattaglia; too new to the school to have a fair New York Home Rule, Professor judgment on whetherlate grades are Hyman; Poverty & theLaw, Profesa problem, he said the issue was "a sor Munger; and International Labor reasonable issuefor ajoint faculty- Law*, Professor Leary. (A "*" student taskforce to researchand to means that only apartial list of gradrecommend neededrevisions." uating seniors was submitted.) Headded: "Thiswould not need Waltz saidJoyce's grades were to be a long- term effort, I suspect." delayed because of a death in the Of the 10 grades that are still family. She also said Meidinger's not in,seven arecoursesand three are gradeswill be in "any day now." She seminars. The grades that have not explained that Meidinger's grades yet been turned in to A&R include: were late because he had an overConstitutional Law, section B, Pro- loadedcourse loadlast semester (i.c.fessor Kannar; Corporations, Profes-taught an extra section) andalso had sor Steinfeld; Evidence*, Professor to take care of some business in Ewing; Law Reform throughLegis- Washington, D.C. Waltz said she did not know about thecircumstances ofany ofthe otherprofessors whosubmittedlate grades. None of the professors who were late withtheir gradesreplied to The Opinion's questionaire, which wasdatedFeb. 14andwasdueback Feb. 20. Waltz explained that sometimes professors of seminars give students extensions for their papers which could account for the delay. She admitted that seminar professors could still post the grades of those students who submitted their papers in on time. Waltz saidthat transcripts with Fall semestergradeswon'tbeavailable until mid-March. Death Penalty, continuedfrom page 1 rarrelly continued For the last two months, legislators have been hammering out the wording of thebill to overcome constitutional challenges and to make the bill "as strong as possible." The bill is currently in thefinal drafting stage and may be changed in some respects. The lastexecution in NewYorkoccurred in 1963by electrocution. The Court of Appeals struck down the death penalty in 1977. Since then, legislation to restore thedeath penalty has passed theLegislature every year, only to be vetoed on eachoccasion. "It's about time we did somethingabout the soaring murderrate," said State Senator Dale Volker, whohas co-sponsored death penalty legislation since 1977. He added thatit was about timethe death penalty was brought back. The Legislature is off for Presidents' Week, but will most likely vote on the finalbill next week. Thebill is expected to pass easily. Even if the bill is passed when expected, it might be a few yearsbefore thefirst execution under the law due to legal challenges being mounted by death penalty opponents. frtmpage 3 targets include a new Litigation Center, a Family Law Center, and funding tor fatally projects Increased librury funding and financial aid, "which may bemore important now given the future budget cutbacks," are also under consideration. Farrell. whohas a raasier's degree in education from the University of Rochester, also has a UBLaw connection: his brother. Michael Farrel I, is a 1987 giaduate of the school. "In this business, 11helps if youhaveapersonal connection lo theschool, ify ou real Iy helleve i n what you are doing," he said Tom Farrell said he believes in UB Law and hopes to play a significant part insecwing its financial future Jessup competes in Boston Building Buffalo, NY 14203 ———— j The Onion j Place your questions in box #280 c/o Peter Zummo, Managing Editor. Write us because inquiring law students want to know! r————— "Quote" of the Week "...A commitment is a commitmentand faculty who do not make a goodfaith effort to meet their coolectively self-imposed grading deadline set a poor examplefor students. " — ProfessorBinder, talking about the grade deadline j will make 1995JessupInternational Moot CourtTeam. Froml-r: seated, Gina DiGioia, 21, Melissa Tocha, 21, backrow, coachPeterBeadle, 21,Scott Wich, 21, William T. Gargen,21, andcoach NicoleJohnson, 21. Not pictured: Victor Bobet, 31. The team competed inBoston on Feb. 11-12 attheNortheastRegionalCompetitionagainstNYU,WidenerU.,New EnglahdSchoolofLaw,andSouthernNewEnglandSchoolofLaw. ! ! i I you cry! Coming soon. J \ \ i ■ �February 22,1995 THEOPINION 11 Th c Docket $50 for 2 shirts or all 3 items. THURSDAY FEBRUARY 23 - 9:00 a.m. 5:00 p.m. BPLIP Annual Fund Drive: Outside Room 106 Every $5 donated to BPLIP will provide one hour of legal services to someone who would otherwise not receive any. 9:00 p.m. - 2:30 a.m. SALSA NIGHT: at the Student Union. $3. or $2 with a non-perishable food item. Sponsored by LALSA. Purchase one of five Marino Bar Review $200 discounts for $75. 11:00 a.m. Commencement Committee Meeting: Room 2 07 All 3L's Welcome Film: "The Business of America," showing in Room 108. A chronicle of changing expectations and realities in industrial America. Sponsored by LAELA SATURDAY MARCH 4 1:45 p.m. End of the Year Party, for members of the Moot Court Board Location TBA. Elections for executive board positions will be Fashion/Cultural held. Show. Student Union Theater. Featuring the Second Annual Mr. 3SU Contest. $5. Admission. Phi Alpha 6:00 p.m. purchase your ticket. SATURDAY FEBRUARY 25 7:00 p.m. BLSA Annual 5:00p.m. Friday, Feb. 24, is the last day to buy ticketsfor theBarrister Ball. Contact your SBA rep to 9:00 p.m. Delta Party: at 6:00 p.m. The Barrister's Ball. Buffalo Hilton. MONDAY FEBRUARY 27 Mickey Ratts, Minnesota and Main St., Buffalo. Free to PAD members. MONDAY MARCH 6 3:00 a.m. Free busses depart for Albany. UB UNITED protest of Gov. Pataki's 3:30 p.m. Dennis Kitchen, Esq. speaks on "The Ins and Outs of Solo Practice" Room 406. Sponsored by the . proposed budget cuts Busses leave from the Student Union. 6:00 p.m. CLS. Law School Major Gifts Dean's . Dinner At Olivers Restaurant, Delaware Aye. , Buffalo Call Pat Warrington at 645-2107 for information. '' .. FRIDAY FEBRUARY 24 Last day to purchase tickets for the Barrister's Ball. Tickets are $20 per person. See any SBA Class Director, or go to the SBA Office. TUESDAY FEBRUARY 28 6:30 p.m. Farmworker Task Force meeting. Discussion of Outreach activities and Farmworker Legal Services, with Jim Schmidt. National Lawyers Guild offices, O'Brian Hall, first floor. BPLIP Summer Internships . Today is the deadline for applications. Applications are in the F&A draw in Room 106. There will be six $2,000 grants. - 9:00 a.m. 5:00 p.m. BPLIP Annual Fund Drive: Outside Room 106 Last Day! ! Your donation helps BPLIP provide for summer internships. Donate $5 or a button, $10 for a travel mug, $20 for a T-shirt or CROSSW RP* Crossword NJA|B|SMT|H|A|TMC|R|O|O|N ANA t|r O L eIl EDGE iiA.Y_E.BA-k 1- aJIa vert IMIfi*LD|pcBJ.S E S I fcSDClli D E SjlS H E T|MM| T LIL9. l E VTE EMS E A IMdE R N C E ■ RJE T A X EjsMT E C A T R AllS U R EMa"kTTT E R O B E.R T B VBC N Njßß| E SgT HE S T S TAMALE BIE ALSTON O R A T E||C U R L V H O W A N A 0 _§_ RWA G E_ V_ E R UPCOMING Prof. Frank Upham of NYU Law School will be speaking at 3:30 p.m. on March 30. An expert on Japanese law and society, he will discuss the cultural origins of the Japanese regulatory styler and its impact on international trade relations. Please indicate if you plan to attend the lecture by leaving a note in box 349. Petitions for election to University Council StudentRepresentative are available in the SBA office and are due at the undergraduate SA on March 2 at 4 p.m. Questions can be directed to the SA at 645-2950. Answers to crossword mania! D ER Age 18.1993 I Off g|l|e|s[sßw|h|e|tßs|e|l|l 0005 Killed by a drunk dnvci on February 27. IW.nn Ml Blvd. in G'dci i Park. Texas. j/\OVvFTISc 101 liCv j | iTfi[f"fi"™"Mßfl P, How many moreto go ? --E - THREElttant r Sam, Soon she 7/ heall yours! Ben, Thanks forthepizza!It helped. -Staff LfofKorn anyone? if vott''rereading-this, thankvou theahti exlaNixjiment II you don't stop your friend Ironi driving drunk, who will? Do whatever it takes. on the Docket! ! Include to is coupon wita your ad request I 1.-A __ ElizalKthSuto. I MMTrU At the - -_ -J RamblingMadman comingsoon! Don't justsit there likea vegetable, submit somethingfor theOnionHappy Birthday to me! S. P, I still wantto buy a vacuum, don'tyou ?(!. St. Theseare hectic, lonelylimes, but soonthey llbeoi<er and**'II beunited fom-er in lo\-e and friendship. Allmvlow. Striken ■-.•..--..--.-■-,--..'• ._..--.. '.-.-.■_-.■'.-.- - Congratulations on thejobL. I low you. Sue Peter We don 'l getpaidenough forthisshit' I love you Jennie -Evan -■ • US Department ot Transportation — Satan, whereare you when weneedyou? Personalsare FREEH! /nightpnnt it. . Place your personals in box #10 and we ~ �February 22,1995 THEOPINION 12 BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE SUNDAY, FEBRUARY 26 Lecture: MPRE REVIEW (Tape Lecture) Location: ROOM 106 10AM 2PM FREE for BAR/BRI enrollees Time: Tuition: - FRIDAY, MARCH 10 multistate professional RESPONSIBILITY EXAM (MPRE) TUESDAY, MARCH 21 D 1995 book distribution begins NY TUITION ENDS - $1425 ($l5OO tuition until April 12) 3) CLASS OF '96 - $1395 NY TUITION ENDS ($1425 tuition until April 12) 2) CLASS OF '95 NOTE: - CLASS OF '97 & '98 $1395 NY TUITION CONTINUES UNTIL APRIL 12 FULL NY TUITION $1550 WEDNESDAY, APRIL 12 last day for.- d book pick-up 2) DISCOUNTED TUITION THURSDAY, APRIL 27 filing period begins for JULY 1995 NY BAR EXAM MONDAY, MAY 22 ny SATURDAY, MAY 27 filing period course begins at live location ends for JULY 1995 NY BAR EXAM TUESDAY, MAY 30 I buf-595 ny course begins at tape locations BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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I .. i........ -J. I ..1.1.W.U.1 tLDI l UKIAJL Why you should vote yesfor theFreePressAmcndmenL See page 4. Clandestine faculty meeting held to discussVacco controversy. See story on page 3. FEATURES Learn yvliatsome UBprofessors and lawyers think ofthe OJ. trial. Story on page 7. Bringing theissues to thestudentssince 1949 THE OPINION Volume 35, No. 11 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW March 8,1995 New Curriculum gets green light Dean says New Curriculum will be implemented inpart nextyear; new schedule unveiled byPeterZummo, Managing Editor Associate Dean Nils Olsen confirmed Monday that the New Curriculum will be implemented this September on three-week course will run from Jan. 15through Feb. 2,1996. The bridge course will combine"substance withskills. It will buildoffof a substantive course, such as property, and schedule. "We willbe implementing two-thirdsof theNewCurriculum next semester," said Olsen. The first-year class, which will beabout the same size as the traditional class and which will be divided into three sections, will receive the new course "Introduction to Law" beginning Sept. 5 and continuing through Sept. 8. Thiscourse will be"an overview of the legal system, exploring issues that cut across the curriculum," Olsen said. First-years will alsoreceive a new "bridge course" in the first three-week block of the spring semester. This intensive focus in more specialized areas." There will be a classroom component and a skills component, with emphasis onwriting, negotiation and problem solving. It will be taught in small sections of 25 to 28 students. The traditionalspring semester courses will commence following the end of the bridge course block. The new curriculum continues the new research and writing curriculum instituted this year. The research and writing courses will be taught in the same format as this year, withfive teachers teaching groups of 25 students. Olsen said he is pleased with the new research and writing format. "It's SBA election timetable set much better than what we used to do, and I think it has been successful." Another new innovation for first-years will bea "reading week." Students will have at least six days before exams begin to prepare themselves for the new experience oflaw school finals. "This is an important innovation for first years," said Olsen. The "one-third"part of theNew Curriculum that will not be introduced is the "Perspectives" course. This segment of the curriculum is "on hold" until class sizes are reduced to a lower level. For the returning upper-class, there will also be some major changes. Fall classes will begin on Sept. 11, instead of SeeNEWCURRICULUMonpageIO Vacco to speak at graduation The Barristers' Ball! Petitions dueFriday; Elections to be held March 29 and 30 byßosannaßerardi, iReporter Despite a heated controversy and protest by several students, New York Attorney Gen- byEvanßaranoff,iEditor-in-Chief Nominating Petitions for Student Bar AssociationExecutiveßoardpositionsaredue 4 p.m. thisFriday, March 10, atthe SBA office, room 101, causing office-seekers to kick their petition drives into full gear. Every law student is eligible to become a candidatefor SBApresident, vice-president, parliamentarian/officemanager, or treasurer, according to Article 111, section 2(b), of the SBA Constitution. Office-seekers need only collect a minimum of 77 valid signatures (which is 10percent ofthe studentbody) to be placed on theballot. TheSBA GeneralElectionfor theSBA's executive officers will take place from 9 a.m. to 4p.m. Wednesday andThursday, March 29 and 30, outside the law library, according to SBAPresidentßenDwyer. All law students, including graduating seniors, are eligible to vote. According to Article 111, section 3(c) of SeeSBAELECTIONonpage6 fore than 250people attendedtheSBA'sBarristers'Ball lastSaturday eveningat the •uffalo Hilton. For more coverage of theBarristers' Ball seepage 9. O'Brian Hall evacuated after bomb threat hyEwnßaratfrff, \Editor-in-Chief Publtt Safety ofticettevacu' ated OBrtan Hall at about H 20 a.m. Tuesday. March 7, after reewvjagaphoae cMabout 4posa- According to Cbarite Scnpp, a Pubbc Safety inve\ug«tor at the scenejanammjmouhftrnalecaller before Sam tnld the tampus, operator IkIngalMlttitabGmbtiutfwaxgomgtQ gootfatB-30am in O'BrianH*U Aftet amviagat thesceoeat tngarourKiß-20.ua Officer* «bet* proceeded to search the building "fromthe topdow&andthebottom up., to look for anything unusual tft outofpiece,"according to Public After a littlemore than a half clear" and people *ere permitted j Jaystddthatborabthreawhappen "a couple times a year.'' He added that this was the first bomb A-: eralDennis C.Vacco will deliver thekeynote address at this year'scommencement ceremonies. TheFeb. 15CommencementCommittee meeting turned into a hostile shouting match over the committee's invitation to Vacco. Students protested the selection when they learned ofVacco's recent decision to remove sexual orientation from a list of classes protected against discrimination in the Attorney General'soffice. Petitions werecirculatedamongthethirdyear class in an attempt to measure the response to Vacco's invitation. Petitions were available atAdmissions andRecords and were supposed to bedistributedamong various thirdyear classes and in front of theLaw Library; instead, the petitions were held at BPILP's table on the first floor. See VACCOonpage3 Death , Penalty becomes law byJosephL. Broadbent,. NewsEditor After late sessions ofboth the Senate and Assembly on Monday night, the New York Legislature passed the billwhich will bringcapital punishment back to New York Statelaterthisyear. Governor Pataki quickly signed thebill into law late Tuesday morning, less than seven hours after thebill was approved. Senator Dale M. Volker, who hasbeen a sponsor ofdeath penalty legislation since he was elected to theSenate in 1977, saidhe was "extremely happy we will now have a sanctionthat should'vebeen in force all along." During debate on the Senate floor, Volker called the bill "a bill that will save lives" and said that "there isn't a [death penalty] bill inthe country that'smoreprotectiveofdefendants thanNew York's bill." Pataki signed the bill into law in front ofvictims' groups, usingpens carried by two New York police officers who were killed in the line of duty. Pataki said that the law "is balanced to safeguard defendants' rights while insuring that our state has a fully credible and enforceable death penalty statute." The Governor added that the law will buttress "deterrence and true justice for . those convictedof violent crimes." Working untilthe late evening on Monday, the Senate approved the bill by a 38-19margin. The Assembly votedat 5:30 a.m. Tuesday morning to approve the bill 94-53. Thefinal bill was agreed to by both houses late last Friday afternoon after a weekof debate by both housesover the bill's language. The Assembly had introduced its own versionlast week, but the two houses eventually agreed on a final version Friday. According to the new law, which will becomeeffective on Sept. SeeDEA THonpage 10 �THEOPINION 2 / // March 8.1995 >v \\ ■ Come and see what i i 11 • everybody s talking f y f ■■■ livery' attorney I've ever met said i must take Picper to pass me ny Bar * ou P* an on a k' n § the New York Bar Exam... \ \ / / M&± Y^ Find out why \fj everyone's talking about PIEPER!!!! -^ Pieper New York-Multistate Bar Review, Ltd. CALL 1-800-635-6569 /"""" ( I just found out that Pieper Bar ) Review gives a free Essay / „. .. „. . , ... I Wnting Workshop!!! fr] { >\ <CA<> /<£'h JM ~) M ) W /f Not only that, Multistage 5? li m ( i *lT /I better send in my $150 \ ..«..»«■ I\ Workshop deposit to receive those great looking Textbooks and Appellate Alert Digest! / J \ ( V —•WL —fii Pieper People Pass!!!! ■ ..,.-... .. ... ~-. �NEWS March 8, 1995 THE OPINION Secret faculty meeting held to discussVacco controversy byJosephL. Broadbent, News Editor Asecret meeting was held at noon Monday in the faculty lounge to discuss the Commencement Committee's invitation to Dennis Vacco to speak at Commencement and the controversy surrounding the issue. Attending the meeting were several faculty members and law school administrators, including Professors Nancy Staudt, Marcus Dubber, Robert Berger, Frank Munger, John Sheffer, Robert Reis, Thomas Headrick, JamesAtleson, and George Hezel, as well as Deans Aundra Newell, Alan Carrel and Nils Olsen. Commencement CommitteememberAlan Rosenthal, SBA President BenDwyer, andseveral members of the LGBLS were also in attendance. The meeting was closed to the general student body. While only onerepresentative from theSBA and the CommencementCommittee were allowed to attend, several LGBLS members were in attendance. At the beginning of the meeting, Olsen informed those attending that they would be discussing the issue of Vacco speaking at Commencement, but didn't go into specifics. Calling the meeting "informal," Olsen kicked The Opinion 's reporters out of the room. Olsen refused to answer reporters' questions as to why they had to leave and why the meeting wasn't open to thestudent body, saying only"we are not going to discuss this in the newspaper." Tenminutes later, Dwyer saidhe voluntarily leftthe meeting after Olsen asked everyone in attendance not to discuss what would occur during the meeting. "As the students' representative at the meeting, I feltit wouldbe wrong to not beable to convey what happened and bring the student body 'up to date' on the issue as well," Dwyer said. Dwyer added that, before leaving the meeting, he left a prepared statement relating his view about the meeting and thestudents' views on theissue. Evan Baranoff, Editor-in-Chief of The Opinion and one of the reporters who was kicked out of the meeting, said, "I was very disappointed that the administration forced us to leave the meeting without even explaining their reasons. We felt that it was an open meeting and that, under the Open Meeting laws, we had a right to be there. Students had a right to know if the faculty was going to affect a SBA proposes changes to new conduct code \by Steven Dictz, Reporter Excerpts ofDwyer's written statement read at the secret faculty meeting "...Although I haven't conducted any comprehensive poll. 1 I am as good as any student to gaugetheir opinions on the matter, I I talkedli-Oiignitkamnumhcrinthedayssurrouridingthccontrcwa- I sy. Most students opposeany discrimination in hiring and irxcit- I tcally and explicitly opposeVacco's change in hiring guidelines. I However, a majr.riiy are opposed to rescinding the in viut ion. There I is a sense amongnKwtstudeMs thatCommcncementL> a non-political I affair and that it t$ not tbearena(or a fight about policy issues either I duringtoe G-mimencementor and thisiscrucial after an invitation I has been made Arescinding of theinvitation would'speak foralt I students from all thtrec classes, the entire faculty and alumni. SimiJarly.studentsdon'l want theactual Commencement day tohe ■ apolitical fonan and ihetefore opposea second "co-speaker" with its potential foi a "Crossfire"- type atmosphere. Even ma liberal; progressive institutivelike UB Law.studentsget very traditk>nal(.for I lack. "Students staunchly oppose the way that Commencement is I That this meeting is even heing held heing handled at this ... wrong. ..'■ - - - I I I IIH poinU.. j H decision that the students made." Baranoffadded thatit was ironic that, only moments before he was kicked out of the meeting, he was talking to Alumni Director Ilene Fleischmann, who was saying how "open" UB Law was compared to other law schools. The"informal faculty meeting" lasted approximately two hours. DeanAlan Carrel had no comment, other than to say that, since a faculty quorum was not present, the meeting was informal and no action couldbe taken. Dean Nils Olsensaid that the faculty will meet again, that"there will be more discussion"ofthe issueand that "there will be a decision made." He also said that,as of now, there is no strong unified stance on the issue additionalreporting by PeterZummo, ManagingEditor — Vacco remains keynote speaker. According to CommencementCoordinator Marie McLeod, only 25 signatures in opposition to Vacco were turned in. Committee amount offirst- and second-year law students who were in opposition to Vacco's invitation, but not considered in the petitioning process. member Alan Rosenthal estimated that approximately 100 of the 262third-yearsvoted. No final yes-no vote was available because many students did not turn in petitions filled with yes votes to Admissions and Records. McLeod explained that studentshad mistakenly thought a yes-no vote was to be taken when, in fact, only no votes were supposed to be collected. As a result, yes votes weren't tallied at all. McLeodadded that"there was no promise to rescind the invitation, even if a majority of signatures in opposition were collected." She also attributed the low turnout to the Nancy Stroud, vice-president of theLesbian, Gay, and Bisexual Law Students and a protestor of the Vacco invitation, said her group will organize protest committeemeetings in thefuture. The meetings will focus on organizing aprotest for graduation day. "We hope the meetings will allow us to havea well-thought-outprotest," Stroud said. "We want to protest, yet make graduationday enjoyable for all." Stroud is also travelling to Albany this week and hopes to meet with Vacco to express her opposition. In other news, two other commencement speakers were electedby student-body vote. continuedfrontpage 1 The third-year class elected Susan Fox to act as Student Speaker. ProfessorKen Joyce will deliver the Faculty Speech. The ceremony will also include greetings from law alumni, Dean Boyer, and University President William Greiner. Graduation tickets are now available at Admissionandßecords. They are $1 and there is a limit of six per student. Admissions and Records is now taking requests for extra tickets; they will be available for the next two weeks. The next Commencement Committee meeting will take place on March 22 and will focus on thedetailsof the graduation ceremony. Law student involved in brouhaha byJosephL. Broadbent, News Editor The relative serenity of afternoon in O'Brian Hall was interrupted on Feb. 23 when David Nemeroff, 3L, became embroiled in a physical altercation with UB student Larry Shorte outside the law library. Witnesses reported that Nemeroff had set his jacket on a chair at a table near the vending machines and walked away. When Shorte sat down at the same table, Nemeroff returnedand uttered something to him, which infuriated Shorte. Witnesses reported that Nemeroffutteredracial epithets; Public Safety disputed this, saying that Shorte hadused a racial slur. Afight ensuedand the two students endeduponthe floor, withNemeroffreportedly "beating up" Shorte in a scene one witness described as "awful." Nemeroffthen reportedly threw a can ofpop at Shorte and attempted to throw a garbage can at him. According to witnesses, after other students separated the two, Nemeroff "kept provoking" Shorte, telling him "not to mess with him" as other students tried unsuccessfully to convince Nemeroff to leave the area. Witnesses reported that Shorte angrily left the scene and later returned with a steaming pot of coffee, shouting that he was "gonna burn" Nemeroff. Despite the situation, witnesses saidNemeroffinitially refused to leave the area. Ten minutesafter theincident began, a number of Public Safety officers arrived. AfterShorte threatenedto take an officer's gun from his holsterand get Nemeroff, Nemeroff entered the law library and sat down. The officers subsequently questioned bothstudents for approximately 5-10 minutes, when they were bothallowed to leave. Nemeroffsaidhe didn't want to discuss the specifics of the incident, but maintained that "at all times, I was defending myself." PublicSafety reported that it was called back to the scene 40 minutes later, where officers learned that Shorte had "jumped" Nemeroff on a stairwell. Shorte was handcuffedand taken to PublicSafety headquarters. Nemeroffsaidthathe voluntarily wentdown to Public Safety headquarters after the second incident because he wanted to press charges against Shorte for the secondincident. According to Public Safety Investigator Dan Jay,both studentswere issuedappearance tickets by Public Safety and the matter was turned over to theStudent Wide Judiciary. NemeroffandShorte were expected tobe arraigned at the March 2sessionof theStudent 3 Wide Judiciary; however, thearraignment never took place. The prosecutor presentrefused to comment to Opinion reporters on when or if Nemeroff and Shorte were going to be arraigned. One Group Legal Services defender said that the Student Wide Judiciary may not have jurisdiction over law students. "David Nemeroff is not charged with anything," saidNemeroff'sassigned defender, David Adams. "No one haspressed charges against anyone." Afterthe matter was droppedby the Student Wide Judiciary, Nemeroff said that "at all times in both incidents, I was merely defending myself and the fact that I was hit with a chair and threatened with coffee shows my defensive posture in the whole matter." Investigator Dan Jay refused to release the full incident report. Shorte could not be reached for comment. Ironically, it was one yearago to thedate (Feb. 23,1994) that Nemeroffwas involved in an altercation during an SBAmeeting whenhe threw a can ofpop at anotherSBA member, an event which prompted then-SBA President Saul tan Baptiste to request that a Public Safety officer monitorthe next SBA meeting to prevent further incidents. The Student Bar Association Feb. 1!' released its recommendations for the draft Code ofHonor, Ethics and Conduct. Among therecommendattonswetepro\Tsions aimed to strengthen the penalty for plagiarism. insuring thai regulations concerning classroom speech do not infringe upon students' First Amendment rights, adding aprovision to make misuse ofstudent funds an enumerated violation, and providing a sanction against late gradingprofessors. The recommendations were made afsolicited student opinion in a mailbox survey last month. They were made bya committee formed by the SBA consisting ofSßAPre.stdentßenDwyei.SßAVice\ President Les Machado, Kevin Mahoney. SL, Marnt Bogart, 3L.and.Juck I ! sera, IL The main purposes of the code ofconduct is to replace the patchwork of codes, rules and regulations presently governing studentand faculty conduct and to provide for penalties and a minimum standard of conduct expected oflaw students, as well as procedures to follow when violations occur. ter the SBA The firstrecommendation wouldadda provision that would enable the law school to infer that astudentwhoplugianzed another's work sought to gaman unfair academic advantage when theplagiarism was ofsuch a degree t hatit coul d not possi bl y have been done in error It also states that a claim that the student thought he was submittingsomething other than what he or she actually submitted is not a defense to the charge. Finally, it would specify the penalty for plagiarism aspermanent dismissal from the n< iii. The second recommendation wouldadd a provision that wouldspecify that thedeliberate misappropriation of student activity fees tot personal use violates the code This provision bars the personal use of goods orservices intended for the use of the . SBA orany student organization. It also bars students from using an item or service for personal use, thvn requestmg reimbursement from studentactjvity funds. Tnednft version barred any theft or larceny of any property, but was otherwisesU ent on misappropriation ofstudentfunds. The third recommendation would prov idefor written tcpn mandsfor any professor who fails to submit grades before six weeks after the lust scheduled examination date. Thedraftvetsionrcstatedthelawschool policy on the grade deadline, but <Ud not provide forany sanctions. The fourth recommendation would make several amendment* to theprovisions of the code dealing with classroom disturbances to insure that they do not have a chilling effect on students' First Amendment rights. For example, if astudent, white inclass or duringadebate. forum or lecture or other itional! i iction | oiiso ed >) the la v school or the SBA is accused of a code of conduct violation suebas abusive utterances, harassment because of race, religion, gender, sexual orientation, nationality or disability, or sexual harassment; accusations must be corroborated by at least two student eyewitnesses or the professor in charge of the class. Under the SBA's recommendations, any questions ordoubts concerning theabove violations wouldbe resolved in favor of the accused student. Other recommendations wouldspecify that the false teportingof a code violation is in itself a code violation and provide for a code aoiendment process and extra review ofFaculty Student Relations B<>ard actions Trie draft versionof the code, as well as the student committee recommendations will be considered ai the Mar. 31 faculty Imeeting �EDITORIAL THE OPINION 4 epiMOisrlJia | 1 w 35, No. 11 *« Volume i ki 11 Foundedl949 ._ March 8, 1995 " FEEL So; Hew b© /\OOUT CODES oP Corsitiuc-r tf*. SMITH .. March 8, 1995 ?" inftC Peter G. Zummo Managing Editor Evan C. Baranoff Editor-in-Chief EDITORIAL: Vote Yes for Free PressAmendment The upcoming SBA general election willallow law students to do much more than simply electtheir student government officers; law students willhave the chance to guaranteethat their student press, which they rely on for a fulland truthful account ofthe news ofthelaw school, willnot be unduly restricted by the student government. It may seem strange that the student governmentneeds to adopt a Free Press Amendment whenwe have the FirstAmendment ofthe US Constitution. However, thefact that past SBA administrations have abused their authority in sanctioning The Opinion in the past, despite the First Amendment, shows that the First Amendment isn't enough. Without the Amendment, ifthe SBAsanctioned The Opinion, we would have to take the SBA tocourt and show that it's a state actor in order to vindicate our constitutional rights. TheFreePress Amendment will serve as a binding contract between the SBA and The Opinion and will ensurethattheSßA doesn'tinterfere withThe Opinion's content and internal policies. In essence, it will extend First Amendment protection against theactions ofthestudent government. Any attemptto sanction TheOpinion for its content would violate theSßA's constitution, givingThe Opinion a remedy within the law school, leaving legal action a last resort. The Free Press Amendment will therefore make it easier to protect thefreedom ofthe pressand will provide thestudent press with a remedy here at the law school. It will also serve to recognize the importance of one of our most fundamental freedoms. The Opinion, like all newspapers, needs to befree to act as a check onthose in power and help promote thefree exchange ofideas. Withoutthe protection of theFree Press Amendment, The Opinion will not have the independence it needs to carry out its mission and responsibility. Although The Opinion is the only newspaper ofthelaw school, itis far from the only beneficiary ofthe Amendment. Besides thefact that the entire student body willbenefitfrom having an unfettered press to report on their own student government, other student publications, such as newsletters, lawjournals and the Law Review, willbe protected as well. The Amendment, which as faras we know is unprecedented for a student government, might also have positive implications beyond thelaw school. If th isAmendment is adopted and successfully protects the student press here at UB Law, it will become a model for other similarly situated student press organizations. TheFree Press Amendment, which was modeled after the First Amendment, was already approved by the SBA on Oct. 11. Now, it is up to you the student body to ratify it. The Amendment requires a majority to pass and also requires thata minimum of20 percent ofthe studentbody vote. This makes it vital thatstudents come out to vote on March 29 and 30. No one can deny the importance ofafree press so don't deny the importance ofafree student press. Support yourfreedom by voting yes to adopt theFree Press Amendment — - STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak Peter W. Beadle JosephL. Broadbent Sam S. Chi John W. Gasper Len Opanashuk David ZammieUo; Features:Flora Chan and Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Beat reporters: SBA: Steven Dietz; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; Contributing Staff: Rosanna Berardi, Jim Gerlach, Dan Killelea, Les Machado and Jessica Murphy. Computer consultant: Peter Beadle Stabilizing: Pizza againand team work Destabilizing: No sense crying overspilt beer TheOpinronisanon-profit,independent,student-ownedandrun publicationfundedby theSBA fromstudcnllaw fees. TheOpinioa SUNYAtßuffaloAmherst Campus, 724 JohnLordOßnan Hall,Buffalo,New York 14260 (716)645-2147. The Opinion is publishedevery twoweeksduring theFall and Spring semesters. It isthestudentnewspaperoftheStateUniversity ofNewYorkatßuffaloSchoolofLaw. Copyright 1995 by The Opinion.SBA. Anyreproduction ofmaterialshereinisstrictlyprohibited without theex pressconsent oftheEditors. Submission deadlinesforletters to theeditorandPerspectivesare5 p.m. on theFridayprecedingpublication.Advertising deadlines are6p.m. on the Fridayprecedingpublication. Submissionsmayeitherbe sent toTheOpinion at theabovenotedaddress, dropped offunderThe Opinionoffice door (room 724 O'Brian Hall),or placedinBox#loor #280on the third floorofO'Brian Hall. All copymust be typed,doubled-spaced,andsubminedon paperandonacomputerdisk(IBM-WordPerfect). Lettersare best when writtenasapart ofa dialogueandmustbe nomore thantwopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterestlothelaw school community and must benomore than fourpages double-spaced.TheOpinionreadsandappreciateseveryletterand Perspective we receive: wereserve therighltoedilany andall submissions forspaceas necessary andalso forlibelous con tent. TheOpinion will not publishunsigned submissions. Wewill return yourdisks to yourcampusmailboxor toaprivate mailbox if aself-addressedstampedenvelope is provided. The Opinion is dedicated to provide a forum forthe free exchangeof ideas. Asaresult, the viewsexpressed in this newspaperare not necessarily thoseoftheEditors orStaffofThe Opinion "Congress shallmake no law....abridgingthefreedom ofspeech, orof thepress;..." —TheFirst Amendment resticDon'lasm peech EDITORIAL: f'eelthatit doesn't go far enough. TheFirst Amendment is designed toprou cech. houldber >yfhe In a university thatpridesitseffondlY«S!ty,nostvdent': powers thatbe. Ifthere.is any place wherestudentsshouldbe encouraged, not merely allowed, to speak freely, i t is the c) assroom, where t here shouldbe a freeand open exchange of ideas. Also, The First Amendment should not stop outside the law school's doors. White the SBA's proposal grants some protection to classroom speech, the code app< mt no protection to speech outside of the classroom. The First Amendment is not designed to protect popular speech; popularspeechdoesu 't need to be protected. It is theunp>pular speech that needs the most protection; this is where theFirst. Amendment comes in. The types of speech that the proposed Code will restrict are far too subjective to give speech the protection it deserves"; descriptions such as ■abusive utterances," "harassment" aod"verbalabuse"jredefinedmwhereintbeCode.By usingthis sortofambiguousianguage. violations will dependonthewaytheltsteuer interprets the speech, regardless ofthe speaker's intention. Violations could be based on the way that two people in the same group or club interpret something that'ssaid by amember ofanother group or club. The content of a student's speech should not and m list not be regulated by what ot bets thinkofthat speech. While theSBA proposal is a stepin theright direction, we 1 uture administrations will see the light and remove all restrictions on free speech. EDITORIAL: Administration intimidated by LGBLS Thesupposedly "informalfaculty meeting" which met on Monday wasyet another attempt by certain segments of thelaw school poulation to decide who is going to speak this year at Commencement. After failing to get the Commencement Committee to rescind the invitation to Vacco, opponents of theinvitation unsuccessfully attempted torescind the invitation through a student vote. Opponents at theFeb. 15 Commencement Committee promised to abide by thestudents' decision. Yet, after thestudents spoke, these opponents convincedcertain faculty members to support their opposition. This led to Monday's meeting, which apparently was not publicized to all faculty members. The Opinion found out about the meeting only a few days before it was scheduled; SBA President Ben Dwyer didn't find out about it until an hour before it was held. Students were prohibited from attending; Opinion editors were kicked out of the room andbanned from the meeting; Dwyer left when the dean insisted on a "code of silence." Dean Olsen absolutely refused to let the students know what happened when he kicked Opinion reporters out. Heofferedno justificationfor his actions. He simply didnot want anyone to know whatthe administrationand faculty were up to. This kind of closed-room, hush-hush meeting seems like an attempt to disregard what the students didlast monthand is an insult to thestudent body. Students had a right to know if the faculty was going to change or even discuss changing a decision that studentsmade. The administration is happy to talk to the paper or studentswhen it suits them, but whentheissue directly affects the graduationstudents have anticipated for three years, suddenly they no longer have the right to know. A number of questiones still remain unanswered. Why was the meeting closed to the students? What was so important that the participants felt that we shouldn't know? We may never know, because the administrationand certain faculty members don't want us to know. And why were severalmembers oftheLGBLS allowed to attendthe meeting, but everyone else excluded? Does theLGBLS have the administration's ear that somehow allows them to receive special treatment the rest of the student body doesn'tdeserve? Regardless of what happened at the meeting, it was inexcusable to exclude interested parties and membersof the school newspaper. Secret meetings like thesesubvert thedemocratic process that the opponents agreed to abide by. As Ben Dwyer said in his statement, "[t]hat this meeting is even being heldis wrong." What does the administration have to hide that they would force everyone to swear themselves to secrecybefore the meeting began? In theopen forum ofa law school, thesekind of shenanigans should not and must not be tolerated. We must demand to know what went on at the meeting and why certain people didn't feel we deserved to be privy to that knowledge. Monday's meeting sets a dangerous precedent whereby the administration can unilaterally prevent us from knowing whatactions it is taking to affect our education and our graduation. �March 8, 1995 OP/ED THE OPINION 5 Perspectives Capital Punishment is just and necessary K)us and more deserving ofpunishment, ByJosephL. Broadbent When GovernorPataki signed the death th men spend their lives in prison and ne gets thesame treatment, even though ilty bill, it was more than merely the llment of a campaign promise; it was an Defendant 2 killed three more people than act whichis long overdue in NewYork. For the Defendant 1 did andkilled them brutally. Itis treat both defendants With past 12 years, New Yorkers have expressed theirdesire torestore thedeath penalty only to ith penalty, thejuryand society can show haveformer GovernorCuomo disregard their rage and declare that the only appropriwishes. Recently, as therestoration of capital nishment for Defendant 2 is death. -■ punishment neared reality, | By taking someone life, themurderer has the debate over the death else's only one such criminal ! dcclared that he doesn't repenalty was reinvigorated. is deterredfrom kilting I Capital punishment is spectsociety'slawsornorms one innocent victim by th( II and thathe has no value for justifiable, morally supportable and proper for a deathpenalty, that one I his victims' lives. After he is worth it. ! has done that, should we give number of reasons. Since innocent the death penalty is only '— 1more value to his lifethanhe imposed on murderers whocommit particulargave to his victim(s)? Bykilling his victim, the ly heinous murders or ones that are unsavory murderer has forfeited his right to live and (such as the killing of a police officer), the doesn'tdeserve oursympathy. Why shouldhe defendants we are talking about are no choir be treated better than he treats society? boys. The murders theycommit are viewed as Everyone would probably agree thatthe worse thanthe "average" murder. Punishing death sentence prevents the defendant from these kinds of murderers requires a sentence anyone else. Opponents would argue that sets them apart from therest ofthemurderfe without parole does, too. Such an ers and declares thatwhat they did was espeargument ignores the possibility of escape To demonstrate that this argucially repugnant. Only a death sentence will isn't a stretch, 5 inmates who were proclaim that what they did will not be toleratedby society whilemeting out apunishment g life sentences escaped from a Florida that fits the crime. in January by digging a tunnel to freeAs an example, suppose Defendant 1 shot dom One ofthose i nmates later killeda police and killed 2 strangers during a robbery and the lineof duty. The life sentences Defendant 2 killed his entire family of 5 by prevent the inmates from killing an nt victim and terrifying the southern cutting theirthroats. Without thedeath penalty, eachwould most likely be sentencedto life halfof Florida for weeks. By contrast, death imates are kept in more secure cells, imprisonment. Clearly,Defendant 2's crimes were more g escape impossible. evidence that implementation of capital punishment causes more people to murder either. Otherfactors may enter intothe equation. The best we can sayis that theevidence is equivocal; we don' t know one way or the other. But if capital punishment is a deterrent, abolishing it is clearly wrong. There are plenty of people "on the fence" who are deterred by the possibility of being executed. If a criminal is committing a felony suchas armed robbery, the prospect of thedeath penalty may deter him from killing the convenience store clerk. If only one suchcriminal is deterredfrom killing one innocentvictim by the death penalty, that one innocent life is worthit. Capital punishment also deters inmates from murdering while in prison. Without the death penalty, aninmate serving a sentence of life without parole has absolutely nothing to lose bykilling a guard or another inmate; he's already been given the maximum sentence. Opponents who talk about the sanctity oflife never say how life without parole will deter further murders while in prison because it doesn'tand never will. Finally, even if it doesn't deter, thedeath penalty serves a retributive function. When someone commits a heinousmurder, society is obligatedto imposeswift, firm punishment. A murder doesn't just affect the victim, it sends Shockwaves throughout the victim's family By Benjamin Dwyer, SBA President For thefirst time in many years, theU.B. Law School Commencement ceremony is members of the faculty attendedCommencement in one of these capacities. Again, students do appreciate individualprofessors' in- I Rto similarly. If life ■> . I)rison. Bin Capital punishment also serves as a deterrent. Opponents claim that there's no evi- dence of general deterrence because, in some cases, the murder rate goes up after a state adopts thedeathpenalty. However, there's no and friends as well. For every murder that is committed, dozens of people are directly affected. Aside from the direct impact on the victim's family and friends, society is affected as well people are more afraid to walk the streets, thelaw is violatedand society loses a person that could have made a meaningful contribution. Death penalty opponents liketo focus on the defendantand how he is treated, but let's not forget the victim, whose life themurderer snuffed out before its time, who can never watch a sunset, have children, see a movie, or do the other things thatthe rest of us take for granted. What more appropriate penalty can therebefor a person who casually takesanother's life? I wish that the death penalty was not necessary, that people had more regard for human life, but the sad fact is that there is a growing number of people who feel no compunction in ending someone else's life for money, a car or a pairof sneakers. Perhaps 20 yearsago, thedeath penalty was not necessary, but today, as themurderrate continues to climb and as more people devaluehuman lives, the death penal ty is appropriate and necessary. It should be obvious to everyone that prison doesn't serve as enough ofa deterrent to murder. Capital punishment is the only punishment appropriatefor the cruel, heinouscrimes that it applies to. This ispartone ofa twopart commentary on the Death Penalty. Next issue, Broadbent will address DeathPenalty opponents'arguments. Broadbent is a third-year law student and is NewsEditor of The Opinion. - X' Students to faculty: Hands offour commencement the request of those few students, perhaps independently, a smallnumber of faculty are nowtrying to attach some formof protest to this year's Commencement ceremony. They also demand a greater faculty and administration role in Commencementplanning in thefuture. Students oppose bothpresent andfuture intervention. about to be taken out ofstudents' hands by the faculty and administration. Students overwhelmingly oppose any attempt to politicize Commencement and wouldstrongly resent any consideration by the administration of any form ofprotest or statement thattouchesupon Regardinginterventioninthisyear'sComtheir Commencementceremony now or in the mencement, students resent thebelatedinterfuture. est of a few faculty membersandsee it as a way Agraduating student's Commencement to circumvent thestudent body's rejection of a politicized Commencement. As justification ceremonyis very precious tohim or her. Commencement is the culmination of years ofstudy for faculty intervention, students opposed to andis the symbolic achievement ofdreamsand Mr. Vacco have spoken of the need for the goals held for a lifetime. Students' families faculty as "role models." Such an argument is unprincipled; the same adult almost-lawand friends come from afar to share the moment. Precognition ofthis, thisinstitutionand yers would certainly reject such faculty guidothers typically cede most ofCommencement ance/intervention if a speaker acceptable to planning to students. (Note that U.B. Law them had been chosen. Actions apparently studentsalso voluntarily fundCommencement under consideration by the administration at through student activity fees and a charge on the request of these few include a "rebuttal" Commencementtickets.) It is axiomatic that at Commencement to Mr. Vacco by a chosen Commencement belongs to students and is faculty member or a disclaimerof some kind in the Commencement booklet. closely-guardedby them. even the Faculty opposed to Dennis Vacco's polthis politically-minded In spirit, icies, of which, like students, there must be do not want politics at Commencement. That is why afterDennis Vacco accepted many, have a hundred-and-oneoptions to opour invitationto speak at Commencement, few pose Mr. Vacco without impinging upon Commencement. Why not organize against Mr. joined in the effort to politicize it by demandtheinvitation. have I spoken Vacco? Why not filea lawsuit? Why not write ing a rescinding of withmany 3Ls and am fully confident I speak an open letter to him, as I have already done? for the majority when I say that MOST 3Ls Why must the students' Commencement be OPPOSEMR. VACCO'SRECENTCHANGE theforum in which a few faculty members push IN THE HIRING GUIDELINES YET ALSO their agenda? I understandthat a stronger faculty role in OPPOSE USING COMMENCEMENT AS THIS OPTHE FORUM FOR EXPRESSING future Commencementsisalsobeing discussed. ofCommencement Ifthis heraldeda genuine interest by faculty in POSITION. The forum Commencement ceremobeing involved in Commencement, it might be includes the actual However, the circumstances under welcomed. ny itself, theCommencementbooklet and the which this arises suggests that this is not so. outstanding invitation and acceptance. commitStudents deeply appreciate those professors Asmall numberofstudents are who wish to and do share in the ceremony. ted to making Commencement a forum for been Some faculty have expressed to me thepride expressing such opposition. They have feel in seeing their students graduate. unable to rally significant support among other they They participate as hooders, as the Hot Cargo 3Ls for a Commencement-based protest, howStrings Band, or simply watch from the stage ever, for reasons mentionedabove. Enter a few faculty members. Perhaps at or the audience. Last year nearly twenty terest. - However, students soundly reject a facul ty or administration role where it is seen as designed to guarantee a particular viewpoint of any kind at Commencement. Present discus- sions ofany future increase infaculty role are tainted by the circumstances in which they arise and should be rejected by other faculty members. In conclusion, I urge members of the faculty andadministration to heedthewishes ofmost graduating studentsand leave politics out ofCommencement now and inthe future. Opinion Mailbox Stop the garbage To the editor; How many ofyoucheck your mailboxes onadatly basis only to find garbage stutfedin them To qualify the term "garbage", I mean therepi ti tious, unwanted advertisements for magazines, credit cards, andbar review cours- es. The "stuff that we have gotten and gotten and gotten again, and donothing with other than throw it in 1he recycle can or stuff it into the unused mailbox nest to ours. How about ihe Garbage on the walls? The stuff thatmakes our school what n is a pigpen. Flyers that areannouncing an event that happened two weeks ago, propaganda from groups hoping to sway our opmorts about a particular issue «t person, more advertisements for credit cards, magazines, tnps to Timbuck Two. and "surpris*" -- more bar review flyers. We need to have a policy about the garbage. 1 wrote a letter to the SBAsugge.sting they contact the university about the existing policy, andi fthere was none, to come up with some. We need to balance First Amendment rights to free speed} with postal regulations,environmental, and maintenance cost issues Make people responsible other than the university maintenance Keep t he advernsement confinedtothe areas where it belongs, the bulletin boards that are pi< »vi fl- -- crews. ed. Make theperson who posted the i nf« irmatton responsible for taking It down when it is outdated, or ifnot dated, within a reasonable ti me period. Come up with some type of and when, as well as how they plan to clean up thefloors when t heir notices tire found on it MAKESOMEONETAKETHEBLAME! Howabout purgingthe bulletin boards at pirescheduled times - say the 15th and the lastday ofthe month That way people who want to keep their notices can goandremove them prior to that date, then repost them after the purge until the next purge date. People w hodon* t care about their notices lose them intherecycle bin. (includingthoscannoying credit card and magazine advertisements how many people don't have creditcards by now?). Keep the notices and posters off the walls! The stairs, colu in ns. and ball ways ate not for posting of advertisements! The staples, tape, and tacks ruin the paint and look like hell! If"lack of space" is aresponse to this statement, request that more bulletin boardsbe put up. (PAD put up their own!) Force the bar review people to keep their flyers on thebulletin boardprovided to them. This is OUR school, li is visited daily by outside lawyers andoiher dignitaries who probably think it looks tike hell. Believe it -- or not, this is a reflection on all of us. I don't wanttobethoughtofas an unkempt personif associated with the mess in the school. I wouldratherhe proud of our school. EdGrabowski, 1L �March 8, 1995 6 NEWS THE OPINION Late grades causing students added grief by Jessica Murphy, Reporter Si nee the beginning ofthe spring semester, students have hungrily clustered around 3 profs still late with grades Only three Jaw professors have still faded to turn in Fall semester grades thebulletinboard across from theAdmissions and Records Office in hopes of finding out about their 1ast semester's grades. Theresults have been disappointing to several students, as most professors didnot submittheir grades until the last minute and others missed the Feb. 15 deadlinealtogether. The effects of thelate grades, andalso of the late due date, have hit students on many levels. "I know I'm not getting my transcripts until mid-March, and thatcould put me out of therunning for at least one job," said first-year law student Molly Kocialski. "I think this [grade return policy] is a great disadvantage for us when schools like Harvard Law have theirofficial transcriptsready to be sent out by Gradesfor Constitutional Law. section B, Professor Kannar; Estate & Gift Tax, Professor Professor Battaglia have still not been handed into A&R, according toKaren Waltzoftheßegistrar's Office. Feb. 15 deadline is largely negative, especially from those studentswho have yet to receive grades from courses whose grades are exambased. "The deadlineis too long," said secondyear law studentPeter Beadle, who was frustrated by the TAP deactivation. "If you look at otherlaw schools or even at other graduate departments within ÜB, they all get their grades in before TAP is deactivated. There's no reason we can't do the same." First-year Michael Graffsaid, "it seems that professors should at least consider the problems thatlate grades cause for TAPrecipients. I'd like to think the reason why the professors are taking so much time is that they're putting lots ofeffort into grading the mid-February." One of the largest problems caused by late grades and the late deadline thatbothlaw students and A&R must deal with is the TuitionAssistance Program Awardmoney being deactivated. Many studentsreceived bills this semester explaining that they owed money because their TAP award had not been sent. These students eventually learned thatthedeactivation had nothing to dowith them, but rather it was a result of the late grades and the late grade deadline. According to Karen Waltz, assistant dean ofStudentServices and Registrar, in orderfor TAP not to be deactivated, students' grades must be submittedto the TAP Program office by mid-January. Waltz explained that the TAP Program computer system interprets the absence of a grade to mean that the student has not completed a course, so the TAP Program will provide no financial aid until a grade is produced or its absence explained. In the mean time, students receive bills from UB Student Accounts because of the unpaid bill. According to Annette Schroder, a UB Students Accounts Calculations Clerk, the TAP programbases its grade duedaterequirement on when the university releases student grades, whichfor UB is mid-January, and does not tailor the policy to individual schools within the university itself. Since very few law school grades are submittedby mid-January, law studentswho receive TAProutinely have theirawards deactivated and must waitfor A&R to help reactivate them. The process of re-activation is very inconvenientand takesWaltz several days. Waltz said she reactivates every single student's TAP awardpersonally. "TAP re-activation is time-consuming and other things, like this semester's exam schedule, cannot be done. On theother hand, I understand students' concern for financial aid. This is why everything gets droppedto take care ofthem," shesaid."There's onlymyself, one full-time secretary and a part-time secretary. We haveavery smallstaff doingabigjob-but it gets done." Although inconvenienced by the TAP deactivation, at least students don't have to pay for it.Schroder said that "students are not charged a late fee because Student Accounts doesunderstand that, most ofthe time, theTAP deactivation is not the students' fault." Waltz said, "professors have beennotifiedofthis, and they know that student TAP is affected, but they may not know the full ramifications of these effects." "It's a hard situation," explained Waltz. "I understand the faculty point-of-view. It's tough to grade 100-150long papers well in such a short period of time." Waltz said that, many times, professors have valid reasons for turning in grades late. Sheadded that many times, notably in seminar courses, professors give students extensions for their papers which could account for the delay in submitting grades. She admitted, however, that professors couldstill post the grades ofthose studentswhosubmittedtheirpapers in on time. Student reaction to thelate grades and the exams." Kocialski said, "the big thing for me is thatbecause of this one uncontrollable factor, I may be out of ajob-andit's frustrating!" Another first-year added, "since there's no feedback in thefirst semester, especially for first-years, this delay makes us question our decisionabout our choice to attendlawschool. I think that having been grilled about professionalism and the promptness expected in the real world, I guess we expected the same from our professors, too." Chris Nickson, IL, agreed, saying "if everyone else can get gradesinat areasonable time, why can't we? I feel especially strongly about thisbecause I know thatall ofthe undergraduate exams I took were comparable in length andclasssize to law school, andprofessors were still obligated to produce grades before winter break." Waltz said that student transcripts will beavailable in mid-March. Any employer who calls asking about missing or late grades will be told late grades are not the fault of the students. SBA Meeting: SBA declines to endorse letter asking Vacco to change policy By Steven Dietz, Reporter The Student Bar Association March 6, after having to scramble fora quorum, declined to lend its name to a letter writing campaign asking Attorney General Dennis Vacco to reconsider his recent decision to reverse his office's policy ofincluding sexualorientation as a protected class in its non-discrimination policy. The onlyvote on the proposal to have the SBA sponsor the campaign came on a motion by SBA VicePresident Les Machado that the SBAas an organization not involveitself in the campaign. That vote was 5 in favor, 1against and6abstaining. Class Director Nancy Stroud, 3L, was thesole vote against themotion. Since only sof the 11 voting directorsvoted in favor of the motion, themotion did not carry. However, aftera long, heated discussion' concerning the propriety oftheSBAbecoming involved in the campaign, no furtheraction was taken. "When I startedtheschool year I thought I belongedin thislaw school. When theDennis Vacco controversy came up I questioned whether I belonged in thislaw school. Now I know I don'tbelong in this law school," Stroud said after the meeting. The proposed letter would have stated that, as membersofthelaw school community, <-7 J. J the signatories are honored thataUB graduate has becomeattorney general, butdisturbedby the removal of sexualorientationfrom thelist ofprotected classes against whomthe attorney general's office will not discriminate. The letter wouldhave opposed theremoval on the grounds that the new policy apparently violatesExecutive Order 28.1,which forbidsany state agency from discriminating on the basis SeeSßAMEETWGonpagell SBA general election: Executive officers, Free Press Amendment, continuedp-omP age i the SBA Constitution, executiveofficers are electedby a plurality of thevotes cast for each office, provided that the plurality includes at least one-thirdof the ballots cast in the race. It further states that if no candidate receives therequiredminimum percentage of votes, the candidateswiththethree highest totalswould participate i n a run-off election, provided each such individualreceived at least 15 percent of the total vote. The Free Press Constitutional Amendment, which was passed by the SBABoard of Directors on Oct. 11, will also be voted on in the general election. The amendmentwould prohibit the SBA Board of Directors from sanctioning The Opinion and other student press organizations (i.e. newsletters, Law Review and law journals)for theircontent. The proposed amendment states: "[The SBA shall] pass no resolution abridging the freedom of the press to report on the news, including the affairs of the law school, or sanctioning the press in any way for the exercise of that freedom." According to Article VIII of theSB A Constitution, the amendment must pass by a majority vote of the student body, with a minimum of 20 percent of the studentsvoting. - A thirditem on theballot is theuniversi ty-wide electionfor theone student seat on the 10-member University Council. The other seats are appointedby thegovernor. Two students are running for theposition: UB undergraduates Andrew Goretsky and Michael Pierce. Pierce ran unsuccessfully for the position last year. Dwyer saidthe University Council is like a Board of Directors for the university and represents theentire university in all areas of academic and student life. Dwyer explained that the electiontimetable was set up to allow two weeks for the petition drive and two weeksof campaigning. Although there are now only two days leftfor petitioning, Dwyer saidthere is still sufficient timeto obtain the required 77 signatures. Article IV of the SBA Constitution explains the powers and dutiesofeachexecutive board position. The president's responsibilities include presiding over theSBA meetings,assuring the execution of all resolutions passed by the Board and acting as "the official host, representative, and signatory of the SBA." The president also submits, inconjunction withthe treasurer, a proposedbudget for the following year, which is subject to theBoard's approval. The vice-president's duties include assisting in the execution of the president's duties and assuming the president's duties in his absence. The VP is also an ex-officio member ofall SBA committees. The parliamentarian/office manager's dutiesinclude advising theBoard ofDirectors regarding mattersofparliamentary procedure, keeping theminutesof the meetings and managing theSBA's office affairs. The treasurer's duties include overseeing the auditing of the account of any SBAfunded organization, assisting the president in preparing a budget proposal for the following year andmanaging the SBA's business affairs. The Board ofDirectors, which includes both executiveofficers and class directors, has amongits responsibilities the duty to appropri- ate the mandatory student fee to law student organizations. The mandatory activity fee is currently $50 per student per semester. "It isreally up to the president and executiveboardmembers to design the office to fit their own goals and agenda," Dwyer said.. "Aside from making sure that student groups get themoney allotted to themand thatthebills are paid, theduties are vague. There is a lot of room for theE-Board to come upwiththeir own ideas." Dwyer announced that he will not seek reelection for next year. "While I have enjoyedmy year as SBA president, I am happy to let somebody elsebenefitfrom the experience the position has to offer," he said. The term ofexecutiveofficers runs from May 1 to April 30, according to Article 111, section 4(b). The term of class directors, pursuant to Article 111, section 4(a), runs "until their successors are elected or their graduation, whichever is earlier." Dwyer said there will be a mandatory meeting for all candidates on March 22. �March 8, 1995 FEATURES 7 lb OPINION Trial or Travesty? A Roundtable discussion about the OJ. Simpson Trial By Joseph L. Broadbent,EAdiNstoerw. Asst. NewsEditor s been called The Trial of the nesses could have been attacked when they testified. He said that hehas never lry. Trial updates leadoff the local ational newscasts. EvenE! Enterheardof a criminal case wherethe prostainment Television is carrying it. Of ecution wasallowed to re-open(although course, I'm talking about People v. he doesremember a case where thedeOrenthal James Simpson. Beginning with this issue, TheOpinion will bring you UB Law professors' and local attorneys' reactions to various aspects of the Bit case. tThe Roundtable par- ants for this issue con- sist of Dr. Charles Ewing, who teaches Evidence and Juvenile Law and testifies incriminal cases involving psychological issues; Professor Charles Carr, former New York Cityprosecutor who now teaches Criminal Procedure and Evidence; and local attorney and Trial Technique instructor Terrence Connors of Connors & Vilardo, a litigation practice whichhandies civil and criminal matters at both the trial and appellate levels. Joining us next issue will bePaul Birzon, local attorney and an adjunct professor who teaches Evidence at the law school. Issue#l: Re-OpeningStatement After both sides presented their opening statements, Judge Ito allowed the prosecution to re-open its opening statement after the defensefailed to turn over thenames of some witnesses Johnnic Cochran mentionedinhis opening statement, a violationof California's discov- All three participants criticized both Judge Ito's decision and Marcia CI ark' sperformance. £Wngcalledtheprosecution'sstrategy of seeking to re-open its statement "stupid" because it needlessly created another appellate issue when the wit- fense was allowed to do so) and added that the re-opening was "poorly done" by Marcia Clark, because she didn't "hammer" the defense witnesses in question as she shouldhave. Connors believes that it should not havebeen allowedbecause"it's confusing and it alters thetraditional style that judges and juries are accustomed to." He added that "it's arare option" and is permitted in very few cases. Connors thinksthat Judge Ito allowedit because of the case's high scrutiny and because the prosecution didn't want to be criticized down the roadfor missing theopportunity. Connors alsostated that a re-opening statement is "more harmful than helpful if done poorly;" in this case, the re-opening wasn't done effectively Marcia Clark's original opening state- - ] wincing and • all around. c decision to allow orjudgmentcallby say that allowing a :ningisn'tnoveland c's heard of cases it was permitted. Tarr conceded that dge has broad disn to manage the triadded that hehas to it fair at the same which he didn't do he allowed the relg. He feels that Ito should havej ust thejury thestandard :tion that nothing c lawyers say is cvi. He'sbothered by te called " a lot of ; and whining from Dple" saying that, if isecution canprove c, it shouldn't care le defense attorneys d should get on to ig its case, ng that analyzing Marcia Clark's re-opening is difficult without being privy to the jury's reactions, he stated that "it didn't do very much to change the course of the trial." Issue #2: Evidence ofDomestic Violence The first few weeks of the trial consistedoftestimony by police officers about past incidents of domestic violence DeniseBrown also testifiedabout incidents when O.J. verbally abused Nicole as well as incidents when he allegedly beat her. The prosecution arthe incidents go to showmotive c murders. Roundtable participants dissented Judge Ito's decision to allow this evidence. Ewing believes that none of the evidence shouldhave been admittedbe- : . Ithat Professor Profile: Lucinda Finley FEATURES cause "its prejudice far outweighs its probative value and is essentially the use ofprior bad acts to show propensity." Ewing doesn'tbuy theprosecution's claim that the evidence shows motive and said that he can't understand the theory that "because he beat her, he killed her." Connors said that whoever conceivedof the trial plan to make it a case of domestic violence escalating to murder was "brilliant" and that it is the best strategy decision made by the prosecution so far. The strategy makes it more difficultfor the defense to make its case byforcing them to focus on many different points. Connors also statedthat the leading Californiacasessupportlto'sdecision. If it's relevant to motive, intent or pattern, it's admissible. However, even though the case law supports admissibility, he doesn't think the evidence should have beenadmittedbecause it allows theprosecution to probe into O.J.s other background when they shouldfocus onwhetherornot hekilled thevictims. As Connors put it, "the claim is of murder, not of domestic violence." Connors calledthe evidence "inappropriate and inadmissible" and an attempt to "destroy O.J.s public perception" which will bevery difficultfor the defense to rebut. He added that "if the prosecution had their way, they'd put in every incident ofbad behavior." The prosecution originally wanted to use 81 instances of bad conduct, only to withdraw all but about 20 and also by the attempt to elicit testimony fromDenise Brown about a 20-year oldincident. Carr said that the domestic violence research he's reviewed doesn't show domesticviolence to bethemotivation for murder. He added that if he had to decide, he would have wanted to see more ofa connectionbetween the acts of domestic violence and the charge of SeeSlMPSoNonpageB Lw bprofeystadqu,oin therwise by Jim Gerlach, reporter This spring, UB Law Professor Lucinda Finley will have the rare opportunity to argue an appeal before the U.S. Court of Appeals for the Second Circuit sitting en bane. The case concerns whether two provisions ofan injunction agaiast anti-abortion protesters violate the First Amendment. "This will be one of the most important First Amendment cases ever decidedby the Second Circuit," she commented, "and it will have a major impact on what limits courts can place on antiabortion protest activity." The first provision requires protesters to observe a fifteen footbuffer zone arounddriveways and doorway entrances to abortionfacilities. The second provision requires "sidewalk counselors" to cease and desist when someone seeking access to a clinic wants to be left alone. The "sidewalk counseling" usually consists of a face to face confrontation with a woman trying to enter aclinic. The cease and desist provision requires the "counselor" to back away fifteen feet when asked by the "couaselee" to cease "counseling." TheDistrictCourt upheld the constitutionality of these injunction provisions in February 1992, however a panel of the U.S. Court of Appeals overturned the lower court by a 2-1 decision this past September. Finley petitioned for en bane review, because, "there were serious questions whether the panel decision was contrary to a recent decision of the U.S. SupremeCourt." She is optimistic about herchances. While the Second Circuit rarely convenes enbane, the en bane Court virtually always overturns the previous decision. I'inley will present oral argument before the 15 unpas- member en bane court on April 17inNewYorkCity. Finley received her B.A. from Barnard CollegeandherJ.D. from Columbia University where she served as an Articles Editor for the Columbia Law Review. Following graduation, sheserved as judicial clerk for Judge Arlin Adams of the U.S. Court of Appeals for the Third Circuit. Later, she Lucinda Finley joinedthelawfirmofShea & Gardner in Washington DC Finley returned to academia, teaching at Yale Law School for over five years. While at Yale, Finley taught courses in Labor, Employment, Torts, and Feminist Legal Theory. Several ofher Torts classes were whatYale colloquially referred to as "The Small Groups." Yale teaches first year studentsresearch and writingby blending it in with regular reading assignments in a substantive first year course, in a seminarformat of 16-18students. As a result ofherSmall Group instruction, Professor Finley amassed five years experience teaching research and writing. When she arrived at ÜB, the research and writing program was a one semester course taught by third year students with varying and limited emphasis on research skills. Drawing on her Yale experience, Finley believed theresearch and writing program needed improvement. "Research and writing is as important, if not more important, than thesubstantive first year classes," Finley commented. While she stressed that the importance of Torts, Civil procedure and other substantive courses was not to be downplayed, "The ability to do effective research, analysis, and writing is a fundamental skillwhich readily applies to other courses." Amongst her many activities, Finley was recently selected to serve on New York General Dennis Vacco's transition team. She joined fellow U.B. professor Alan Carrell on thetransitionteam. Members ofthetransition team were asked to write papers in particular areas of concern to the attorney general. Topics ranged from integration of computer technology to personnel policy to policy initiatives. Finley hasbeen servingon thesubcommittee for the Division of Public Advocacy, which includes theBureaus ofCivil Rights, Environmental Protection, Antitrust, and Consumer Fraud. Her comments addressed topics including hiring practices, the internal structureof the department,and prioritization ofsubstantive areas. When asked if she was surprised by her inclusionin the transition team, she replied, "Before I received the call from Dennis, I wasn't even aware the Attorney General had a transition team." The inclusion of Finley in the Attorney General's transition team might seem rather ironic to people who followedthe pre-election coverage of the Attorney General Campaign. Finley has gained attention for her work legal withfor abortion providers in Western New York. Mr. Vacco's personal views are admittedly pro-life, and he drew heavy fire during the Attorney General's campaign for declining to prosecute two out offive Operation Rescue abortion protest leaders in 1992 while he was theU.S. Attorney for Western New York. SeeFlNLEYonpagcS �THE OPINION 8 The Roaming Photographer FEATURES March 8, 1995 Feature Column DanKillelea Columnist The pathetic life of a columnist by Sam Chi, Features Editor This week's question is... What are you doingon Spring Break? Randy Inniss, 1L lostitsintimidatingedge. Soasitis, I have no social life, and no resistance tothe school-spirted call to contribute theThe Opinion. Which also says a lotabouthow desperation for material will affect what a paper is willing to print. Unfortunately, I can't tell you much of anything thatinteresting or informative. I don't really know anything all that helpful, likehowto buildyour own patio, orhow tostretch "I'm studying." yourpotroastforaweek. Andlcan't think of anything inspirational, except to say that Christmas is only 9 and 1/2 months away. But since when do you need to have a point? AlfredoAcevedo, 1L school bus. The winds of social activism swept me upandcarriedme along in my search for justice. But that was passion talking. Nowadays, I'm looking out for NumberOne. I'mnolongerwriting forthebettermentofmankind, butfor all the glory and adulation that go hand in handwithbeing a columnist for a big-time law school newspaper. To be honest, I'm not sure how I'll handlethisnewfoundcelebrity. I'm hoping thatIdon'tbecomelikeEddie Vedder and get all cranky. If that ever happens, someone had better give me a shakeand say, "Hey friend get a grip." Of course, I couldgothe other routeandletitgotomyhead. Imight even end uptrying to getone ofthose pre-paid parking passes—if they weren'talreadysoldout. Buttheday my ego is too big to make the trek from the Alumni Lots to the corner office they'll probably give me, is You should be warned before the day I read the The Spectrum and reading on thatI have absolutely no see for myself what real success is with school all about. experience Which reminds me, does anynewspapers...except for the anonymous letter I wrote years ago when one know how tough it is to my best friend got hit in the eye with successfylly write one of these a snowball while waiting for the things? I was pretty sure it wouldbe nice and easy, until I realized that Stream ofUnconsciousness halfof the people who read this will should return next issue. probably thinkI' m an idiotand leave "TheBigApple (Capital of the World) " bar review ads and the like in my mailbox. I know the name of the paper isThe Opinion, but I' 11probably endupkeeping mine to my self so as not to convince the other halfof you. Whichwouldn'tevenbeallthat badwhenyou consider that only about 30people read this thing. Anddeadlines—ifyou thought finals werepressure, trycranking out one of these babies in three or four days! Suddenlyyourweekenddisappears, and any dreams you had of scoial life with it. Forget about dating; yourcommitment is to your keyboard! I know itsounds tough but itcanbedone—l'mlivingproof. To be honest though, I wasn'tsure that I'd still be making sense after two straight all-nighters. Good thing I checkedthetherug andwhile dipped the pan. All in all, the life a columnist has been good to me. When I look back, I realize these last few days may have been hectic, but I've bettered myself, and maybeeven helped eachofyousomehow. Ormaybenot. Either way, I've drained myself emotionally and stoodnaked in front ofyouall. Andlwrote my first newspaper column. So read enjoy andby all means be sure toleave this copy in thestall where youfoundit. Simpson trial. condtinuedfrom page7 JulieDowning, 2L murder. "I'm going to jam wit the Stones. On FridayI'll be jumpingthe pond to party inDublin with BonoferSt. Pat's Day. SUH." Matt Swenson, 2L " What do you mean spring break?" Liz Wolff, 1L " Working, but wishingI was in the Bahamas. Until next time. There was a time when I was sure I'd never do anthing like this— maybe it was back when I still had some self-esteem. At that point the thought ofwriting a column was like the thought of being nude inpublic. As I've grown more desperate for a social life though, even nudity has .. " Calling the evidence "an attempt to show what a deplorable character O.J. is," Carr said that the evidence "tends to run afoul of the propensity rule" and raises questions abouthow far back in time they can go. He said that the prosecution attempted to get some Erie CountyMedical Centermcdicalrecordsfrom the 19605. Finally, Carr saidthat theevidence was troubling because it might be used to "reduce the regret matrix," meaning that if the evidence is even on both sides, the jury might plug in thedomestic violenceevidenceand convict O.J. because he's a bad person. Issue #3: TheDream Evidence LAPD officer Ron Shipp, who had been a longtime friend of O.J.s, testified that the day after the murders, O.J. toldhimthathe hadhad dreams of killing Nicole. All three members of our panel agreed that the testimony should not have been allowed that it was highly prejudicial and that it had "no probative value whatsoever." Ewing said that allowing the testimony might cause thedefense to present needless expert testimony about dream interpretation and that dreams do not explain subsequent conduct. Connors went furtherand said that Shipp should never havebeen allowed to testify and thathe "conjured up a wild story" after claiming hehad no evidenceand then"statedit in court as if ithad probative value." He Finley, also said thatthe use of the statement and its impact on due process "frightens him." Carr called the testimony "reversible error #2 at least" and said that there's never been a rule allowing such evidence because it "reflects a subconscious state that can't be cross-examined." Since no one has established a relationship between what we dreamand subsequent conduct, the statement shouldn't have been allowed. "Ifwe all were heldto what appear in our dreams," he said "there wouldbefew ofuswalking around today." Issue#4: The Warrantless Search ofSimpson's Estate After the bodies were discovered, LAPD officers and detectives went to O.J.s estate. According to the officers' testimony, when they saw a spot of blood on O.J.s Bronco parked in the street, they felthe might be in danger. After no oneanswered the intercom, Detective Furman scaled thewalland let the otherofficersinto the estate. During this warrantless search, the infamous bloody glove was found. To varying degrees, all threemembers of the said that thejustification for thewarrantlesssearch panel was weak. Ewing said thatthe bloodfound on theBronco was "scant" evidence to qualify as exigent circumstances. Connors explained that any honest police officer would say that there was heightened interest in the case SeeOJ. onpage 9 continuedfn>m page 7 Finley, who as attorney for the clinics criminal charges that were referred to Vacco. She wrote a letter on Vacco's behalf which stated in part:" At no time did I have any reason to bet ieve that the handling ofthesecriminal contera pt matters by the U.S. Attorney's Office was influenced by any partisan or persooal agenda regarding the subject ofabortion.*' This letterreceived extensive media attentionand piayedasignifkant role inthecampaign. Whenasked whether there was a conflict between her views and Vacco's, Finley notedthat although many it is people disagree on the underlying constitutional issue of abortion, they arc nevertheless m agreement to clinic. harassment, ami blockade to impede access an abortion wrong to use threats, violence, "It was a central pan of Vacco's platform that be wouldprosecute people who break thelaw. Individuals whoviolatethelaw by the useoftbreatsandcocrcion will be prosecuted regardlo-v of their underlying motivation for their actions." In her view. Vacco has underscored his commitment to deal vigorously with disruptions at clinicsbvauthonzingtheAnoraeyGenerarsofficetoparticipateas anamicuscunae msupportot the injunction in the second circuit en bane heating. In her snaTetime. Professot Finley hasbecome a rather accomphshedequestnan. This past September, Finley was named Grand Champion of the Buffalo International Horse Show winning all five blue ribbons for adult amateurs. She iscurrently the proud owner ofa four year oldthoroughbred filly who she is training for a show jumpingcareer. �FEATURES March 8, 1995 OJ. Innocent or Guilty ?,continuedfrom page8 and more interest in solving the crime, which he said factored into the decision to conduct the search. He said that the police "pressed the edges of the envelope and beyond" becausethey conducted thesearchand then went back and got evidence to support the search after the fact. Carr analyzed the i ssueby comparing i t to a recent case in New York City where a womanjumped out ofthewindow of an apartment building and was found with a bullet wound and a stab wound. He said thiswas an instance where the police could say there was a good chance that a crime took place, "yet the police didn't use stormtrooper tactics" to go inside. They waited until the woman woke up later in the hospital before searching the building. Carrsaid thatthe amount ofbloodfound on the Bronco was insufficient to create exigent circumstances. He also said that the judge's decision to admit the evidence from thesearches was " abadruling," because both searches were conducted in bad faith. The second search, conducted with a warrant, showedbadfaithbecause the officer securing the warrant stated that O.J. had left town "unexpectedly" even though thepolice knew thatO.J. was away on business. Issue #5: The JuryView The jury went on a day-long view of the murderscene andalsodroveby orvisitedother places involved in the case such as the Mezzaluna restaurant and Simpson's estate. Both Connors and Carr said that, while aren't unheard of, they aren't done views jury that frequently either. Connors said that the jury's trip "was closer to a re-enactment than a view" because it took jurors on a trip of the whole trail involved, rather thanjust viewing themurder THE OPINION MoreBarristers' Ball Photos! scene. He said the jury view was out of proportion," which he said characterizes the entire case. Carr said that, in this case, the view probably helped the jury to understandwhat happened and "is one thing that may move it closer to a justresult." He feels that theview was valuable because the time of death is so important in the case; as a result, the view of thevariouslocations gives thejurors a feel for the time it would take to walk or drive to Nicole's residence from therestaurant and thetime it would take to drivefrom Nicole'shome to O.J. 's es- "You certainly make my life interesting every day." -Judge Ito tate. General Impressions Carr believes that there has already been enough error to warrant a reversal ofany conviction, focusing on the dream testimony and the admissionofevidence seizedfrom the warrantless search of the Simpson estate as the two major errors. He also said that, so far, the prosecution's case is "weak" since they have failed to place O. J.at the scene or evenrecover themurder weapon. said that if thetrial stopped today, wouldbe enoughreversible error to throw le conviction, but added that all the cvi; has to be looked at in totality, which I outweigh the errors committed so far. Connors explained that "with a case of nagnitude, any errors will be forgiven s it hurts the defendant's ability to get a ial." He feels that the appellate court is ely to reverse and order a new trial bei of the costs and problems entailed in a id trial. ling Attractions in the Simpson Trial Testimony by Kato Kaelin and Mark (cross-examinationby F. Lee Bailey); ridence; plenty of delays; and undoubtore surprises. PhotosbyMollyKociacski, AssistantPhotoEditor It was dark. It was crowded. We were drunk. The Gala event ofthe semester, the BarristerBall, was a rousing success. About3oopeople dined, drank, and were merry as they danced the night away at the main ball room ofthe [Ewing BuffaloHilton. Bi ATTENTION FTRST YEAR STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN and receive: -> Your lowest possible tuition this semester! 1995 TUITION STATE YOUR TUITION NEW YORK $1550 $1395 MA, CT, ME, NH, RI, VT $1245 $1125 NEW JERSEY $1145 $1025 - - - NOTE: Anticipated 1997tuition: NY $1750; NEW ENG $1445; NJ $1345 -» + Review lectures for finals - • Real Property • Contracts • Exam Writing • Civil Procedure • Criminal Law + Book • Torts • Constitutional Law constitutional Year Review —> First * Containing outlines and practice questions and answers (pu s c Law outline) for all subjects listed above. \Fm JJF*K Wl NEW YORK r m*/i (800)472-8899 MASSACHUSETTS f800 ) 866'7277 BAR REVIEW PLEASE NOTE: TO PRESERVE THIS "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY YOUR $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY JULY 15, 1995. 9 �March 8,1995 10 BRIEFS idth rive BPIuLnhapfyuwnd TheBuffaloPublic InterestLaw Program's 1995fund driveraised $5,400 donated by 231 students and 20 faculty for public interest internships in the summer of 1996. "BPILP is in a crisis situation," said Helen Pundurs, BPILP director. "We made $3,000 less than last year. Thisreflects very poorly on both thestudentsand faculty," she said. "I don't thinkwe're apublic interest law school anymore." The pledge drive's goal was to ask for less from eachstudent, but to try to maximizethe number ofstudents whogave to BPILP during the pledge drive. However, the percentage of studentswho gave was only 30 percent, Punders said. BPILPwill continue toconduct smallerfundraising eventsthroughout the year inorder to not fallbelow this summer's numberof interns, which is six, she said. Anyone interested in donating shouldgo to the BPILP office, room 612. As stated in a BPILP memo, "There are plenty of shirts leftand we can accept donations at any time." SeniorWeek planning goes forward The seniorweekcommitteeis asking third-years to provide input on activities planned forthis year's celebrations. Comments shouldbe placed in Box 564by Friday March 10. Among activities being considered are a picnic/white water rafting, a'70s funkdance at a downtown bar/tavern, bowling night,paint ball/Lasertron, an event at Hallwalls, community service(i.e. Habitat for Humanity), an event for graduating seniorswith children-painting a mural by thechildren thatwouldbe donated to thelaw school, or any activities or events suggested by the students. Public Service Fellowships available Appl ications arebei ngaccepted through Friday, March 10,for the Deans Public Service Fellowship. The program will place students with public interest organizations and government agencies involved in public service work. Last year each fellowship was $4,000for the summer. Interested second-year law students shouldforward a cover letter, resume, an unofficial law school transcript, three references, and a writingsample to Professor Joyce, c/o his secretary, Linda Kelly, in Room 523. Justice Jam benefit to be held A special appearance by singer Ani DiFranco highlights the "Justice Jam," a fundraiser for the United Farmworkers internship established in the memory ofJoe Antonecchia. The event will take place on Thursday, March 23 at theLayfayette Tap Room beginning at 8 p.m. In addition to DiFranco, alsoappearing will beNimrod Wildfire, Jazzabels, The PineDogs, and The Original Hot Cargo String Band,the UB Law house band featuring faculty and students. All fundsraised will go to fund the internship, which helps secure j ustice for migrant farmworkers. Tickets are $10 and are available at a table in front of 106 O'Brian Hall. Sponsored by theLabor and Employment Law Association and theLatin American Law Students Association. Balanced BudgetAmendment defeated in Senate The U.S.Senate fell two votes short ofthenumberneeded to pass the Balanced Budget Amendmentto the U.S. Constitution and sendit to the states for ratification. The amendment wouldhave required the federal budget to be balanced by 2002. TheSenate vote, whichwas originally scheduled for Feb. 28, was delay ed by supporters oftheAmendment i nan attempt to persuade one of thefive undecided Democrats to their sidebut were unsuccessful. Supporters were only one vote shortuntil Senate Majori tyLeader Bob Dole changed his vote. Democrats andPresidentClinton claimedtheamendment would have passedif Republicans had agreed to protect Social Security from the cuts required to balance the federal budget, a claim Republicans disputed. Republican leaders announced that theissue was not dead and pledged to re-introduce the amendment in three months. "Quote" of the Week 'We're not going to discuss this in the newspaper." — Dean Nils Olsen as lie bounced Opinion reporters from the secret faculty meeting. NEWS THE OPINION New Jessup team selected for Toronto competition byLeslie P. Machado, Reporter Under international law, what rights and obligations are owed by one country to anotherafter an environmental disaster? Almost 70 first-year law studentsaddressed that question aspart oftheJessup InternationalMootCourt Competition, heldbetween Feb. 13 and 25. The Board selected 21 students as Junior Associate members and chose 12, including fouralternates, to represent the UB Law at the Fasken Campbell Godfrey InternationalLaw Moot compe- overall caliberof competition," said Alisa Lukasiewicz, coach for the Fasken team and director ofthe competition. "I hope the competition sparked interest in developing oral advocacy skillsand I hope this interest carries over into next year's com- petition." The problem required the stu- "I was very impressed with the overall caliber of competition." AlisaLukasiewicz, Fasken team coach -- titiontheweekendof L March 17-19 in Toronto. The members of the 1995 Fasken team are: Menelik Alleyne, Daniela Almeida-Quigg, Matthew Fischer, Prudence Fung, Kristina Karle, Kathryn Lee, William McDonald, Celeste Murphy, Denise Neuhaus, David Pfalzgraf, Scott Philbin and Jeremy Schulman. Fischer, Fung, McDonald and Murphy were selected as alternates. Also selected for board membership were: Valerie Bradley, Derek Brocklebank, Tony Fisher, James Gerlach, Matthew Hawlrins, Michael Kotkin, Gilardo Miguel Garcia, MariannePansa and Roxanne Williams. "I was very impressed withthe dents to represent thefictional country of Agistanus before the International Court of Justice. Under the facts of the hypothetical, an earthquake in Agistanus had released a toxic substance into a river which traveleddownstream i ntoAgistanus' neighbor, Behestoon. The student, agent for Agistanus, argued thatthe country's actions following the incident were in compliance with international law. The problem was the same one argued by membersof the Regional Team in Boston in early February. Members of the Fasken team said they found the experience both rewarding. "At the time, people were yelling and screaming and I didn'tknow what was going on," Almeida-Quiggsaid. "But now I can see thatit was a really goodexperience. From thepractice round untilthe finalround on Saturday, I was much more advancedand much more at ease with people asking me questions." "It really gave me an opportunity to practice a skill not taught in first-year courses:publicspeaking," Pfalzgraf said. "It allowed me to conquer the fear thatI have towards public speaking." "I was shocked that I madethe team," Karle said. "I definitely felt more confident as the rounds progressed. The best part is having people working with us, developing our oral skills. The fact they [the coaches] are so excited makes me more excited." UB Law has enjoyed immense success at the Fasken Campbell Godfrey Moot Court competition in recent years, winning it threeof the last four years. Otherparticipating schoolsinclude Syracuse University, Cornell University, theUniversity ofToronto, Queens Universityand Osgoode Hall at York, thelatterthree being Canadian law schools. Last year, the team swept the awards. UB Law was selected as the "Best School;" second-year law students Peter Beadle and Kristen Jones were chosen as "Best Applicants;" and second-years, Scott Rosenberg and Karen Bailey, were selected ,as. "Best Respondents." Bailey also won "Best Oralist." J\€W O UrVICUIWTIy continuedfrompage 1 the last week in August. "This will enable students who want to work theentire summer to do so assuming they can find a job," Olsen said. Classes will end on Dec. 8, with finals running from Dec. 11 to 21. Spring semester will be different from past years. If studentstake advantage of "mini-courses" they will return to UB Law on Jan. 15. Mini courses will end on Feb. 2. For the rest of the students, the regular spring semester will begin on Feb. 5 and continue until May 3. Exams wi 11 be given from May6 to May 17, with Commencement tentatively scheduled forMay 18or 19. Returning upper division students might think thatclasses seem to be longer next semester and they would be right. "Class hours and 'real' hours will now be the same," said Olsen. A three creditclass will now meet threehours perweek; thus, classes meeting two times per week will be 90 minutes in length, instead - of the current 75 minutes. Karen Waltz, Registrar, confirmed the new class schedule. Beginning in September, classes that meettwo times a week will run for 90 minutes and begin at 8 a.m., 9:45 a.m., 11:30 a.m., 1:15p.m.,3 p.m., and4:4sp.m. Classesthatmeetonce a week will begin at 8 a.m., 11:30 a.m. and 3 p.m. and meet for three hours. A new "concentration" will be offeredfor secondandthird-years, "Community Economic and Housing Development." Admission to theconcentrationwill be bypermission of the instructor and class size will be small. Further details will be upcoming on this concentration in the next several weeks. Another innovationfor the upper-class may be anintensivewriting course incorporating elements of the New Curriculum. Details onthis offering will alsobe forthcoming. The timeframefor registration for next semester has not been set yet. "We are still working on it, and we hope to be in a position to begin registration soon," said Olsen. Waltz confirmedthatshe hopes to be in a better position to answer questions after spring break. "We hope to have the process started by theend of March or the beginni ngof April and to have everyone registeredby thetime exams begin." She hopes to have a list ofFall courses availablefor students by April 17. A memo was sent to professors last week asking them what courses they wouldliketo teach next to teach next semester, and the results have not as yet been finalized. Waltz also confirmedthat the law schoolhasreceived totalcontrol overroom 107and rooms 209,213 and 214 onthesecondfloor. Theserooms will be integrated into next semester's schedule, eliminating overcrowding that has occurred in the past. Death Penalty enacted, continuedfmmpagei 1,aseparate sentencingproceedingwill be conducted in frontof thetrial jury, which will weigh aggravating and mitigating factors. If the aggravating factors outweigh the mitigating factors, thedefendant will be sentenced to death; if the mitigating factors outweigh the aggravating factors, a sentence of life without possibility of parole will be imposed. The jury's decision must be unanimous. The court is empowered to set aside a death sentence in some circumstances, but cannot set aside a sentence of lifewithoutparole. If the jury cannot make a unanimous decision, a life sentence (with possibility of parole) will be imposedby the court. Jurors can be excluded from a capital case if their support or opposition to capital punishment will prevent them from rendering an impartial verdict. The law permits an appeal from a death sentence on the groundthat the sentence was imposedbecause of the defendant's or the victim's race. Appeals of death sentence will go directly to the New York Court of Appeals. The law also provides for a hearing to determine if the defendant is mentally retarded; if s/he is, a death sentence may not be imposed and the court will impose either a life sentence or lifewithout possibility ofparole (unless the murder occurred in prison, in which case, a death sentence may still be imposed). In addition, thelaw prohibits mentally incompetent persons from being executed. Regarding funding of death penalty cases, the law provides that theNew York Attorney General's Office will assist local District Attorney's Offices inpaying for the trials and appeals of capital cases. �NEWS March 8, 1995 THE OPINION 1 SBA Meeting, continuedfrompage 6 of sexual orientation, and the policy calls into question the office's commitment to stand against such discrimination. It then asked the attorney general to reconsider his decision. SBA PresidentBen Dwyer(who votes only to break a tie) passed out copies of the letter to the class directors prior to the discussion. He said that the letter writing campaign would provide a way for students toprotest the policy without disrupting this year's commencement, at which Vacco has agreed to speak. Machado said thathe felt the letter campaign should not be endorsed by the SBA, in part because thestudent body was divided on the issue. "Since when does the SBA gets involved in politics? " Class DirectorBrian Carlan, 3L, asked. "What do you mean?" Stroud asked. "We've got 60 letters downstairs going to Pataki." SBA Parliamentarian Adam Easterday said thatthe SBA was entitled to sponsor the letter writing campaign against the proposed budget cuts to UB as representatives of the students, but they weren't entitled to take stands on political issues. Class Director Sandy Fazili, 2L, opposed lending the SBA's name to the letter writing campaign on the ground that the SBA is the voice of the student body and that there is no strong sentiment either way on Vacco speaking at the commencement. Class Director Bob Callahan, 3L, said that while few students would be upset about affixing their names to the contents of the letter, he was afraid thatthe issues addressed in the letter would become entangled in the issueof Vacco's invitation as commencement speaker. Dwyer said thatkeeping these two issues separatewas the very reason he brought the letter to theSBA. Stroud objected to suggestions that the issue does not involve the law school. "It ignores the fact that I exist. I am a law student. I am a lesbian. Therefore the issue affects thelaw school," Stroud said. Fazili said that she was asking themembers of the SBA, asrepresentatives of thestudentbody, to look at the issue from herpoint-of-view. He said that, personally, hewould be happy to sign the letter, but thestudent government should not make a statement on behalfof thestudentbody without more support on the issue from thestudent body. Stroudcountered that people think that protection from discrimination on grounds ofsexualorientation doesn'taffect them if they are heterosexuals but that everyone has a sexual orientation, and thus everyone would be protected by a nondiscrimination policy. SBA approves additional $500 for Recognition Dinner The SBA was considering another issue prior to the debate, but it was unable to vote due to a lack of quorum (only 11 members were inattendance). Thirty minutes into the meeting, a proxy vote was obtained from Treasurer Elizabeth Jewett and 1L Director Gil Michel Garcia arrived, giving the SBA a quorum to vote on funding theStudents ofColor Recognition Dinner. This annual dinner is co-sponsoredby four student associations: TheAsianAmerican Law Students Association, The Asian American Law Students Association, the Black Law StudentsAssociation and theNative American Law Students Association. The event is open to all law students and is scheduled for April 6,1995 at the University Inn. Oscar Gonzalez, 2L, JoeKhanna, 3L, Shelley Chao, 2L andSudaManickam, 2Lspoke in favor ofadditional funding. TheSBA last year allocated $4,000for the dinner. This year, $2,000 hadbeen budgeted. Therepresentatives ofthefour associations were asking for an additional $2,000. . e .. A^ 29 and 30 il March U eS ay , • Free Press Amendment HI DOX #1U Referendum ■jVk*« \/\\ / more to go? --- J ~~s — J$L __J O) ■- <omz> \ \-^^^^W MM \ol^swi iJ rjO j ~ \ ~v!^\ . .' . .v W / / v . ~ "' GreatnorkJoe.-Staff Sam, Soonshe'll heallyours! Ben, Thanhfor the t'i::a!It helped. ■--Staff lEXJSpeopte.Von'tbesoifuickiiilhyourerasersi-madman. -- theanli-establishment ~,■,..'.. , Thisbreakcomesalakickasstime! To you know who, Sorry about that! Jennie, Ilove vou'-.E HeyBob, You're sick."! - l m * Change m publication schedule! The next edition ofThe Opinion will be the 1995-96 SBA General Election Guide to be published Tuesday, March 28, the day before the SBA Election begins. The next regular issue, originally scheduled tor March 29. will be delayed in order to cover the results oftheSßAElection. Greetingsfrom thepostcardsfrom the edge! Q Now that's what 1 calla beer! E -E ll'you'rereading this, thank\ou i; /""> L P. Ho*many _' , .|i,i.j^;Mwijiiiiw tfyou don t stop yduYTriend'fromdrinngdfunk. who\\-ill? ca11 x2147 J so^r \\ &**eAaam. Killed by a dmnh diivcnviMarch 23, 1993, on PtitifiL Coasl Hie/iiuiv inWilmington, Calif. ; w*%r\-**f\ to feA^f :« * liuormation, *w more iit'lA'f««W'h "j> rHave A Great Break! J l K*-T _ TV***'* I #1111 l 111I & f?" i> HI VvllC* ~ " v Election to be held , , Sunday, March 26 • i • TT University •* Council Jkb O - March 21 ---// WKmkUtbm Letters ofIntent , •SBA Executive officers x LATIS Gets Waiver for Advisor TheSBA also by acclamation granted awaiver to theLaw And Technology Issues Society to permit a memberof thelaw library faculty, to serveas faculty advisor to LATIS. The waiver was necessarybecause Dow is considered part ofthe university faculty and the SBA Constitution requires that advisors be members of thelaw school faculty. All positions open. from 9 a.m. to 4 p.m. outside the law library. a Machado said theSBA did not have any money toallot and suggested raising the ticket prices. Michel-Garcia suggested a compromise, in which $300 wouldbeallottedand thestudents charged $6-7 dollars a ticket. His motion to thateffect was defeated, with only two directors voting in favor. The motion was a hostileamendment to a motionthat no additional fundsbe granted. A secondhostileamendment to end debate and grant $500 for the dinner passed by a 6-5 vote. "I wish we had gotten thefull amount, but a compromise is acceptable," Gonzales said. "It's a shame that we didn't get funding from the law school administration." Gonzales said that the associations would continue to seek alternative financing. Editorial Board Elections 4 . $5.00. The Opinion SBA General Election . Dwyer said thatthelaw schoolused to provide funding for the dinner, but there was a falling out between theadministration and the associations regarding who would choose the speaker, so funding was eliminated. Dwyer proposed that the associations charge $5.00 per ticket for thedinner and seek $500 from the school's Mitchell Lecture Series fund. TheSBA agreed to allot $500. Dwyer said thattheSBA couldn'toffer morebecause it is already below the 10 percent allottedfor an emergency cushion. Chao said that studentswouldbedeterredfrom attending ifthey were charged . j ■ '" Pataki ' ' ' '' '" '"'" '"' "'' '' isn't Satan. Ofcourse he is! Wedefinilelydon'tgetpaidenoughforthisshit! ToQ&A. Who thefuck knows? (Sorry, profanityisn't cool.) Personals are-FJtEE!! '.' Placeyourpersonals in box tt 10andwe J,/ 'W^*?*^/*'.**"'. '* t '* — �12 THEOPINION March 8 J 995 BAR/BRI BULLETIN DATES TO REMEMBER DAY/DATE EVENT SUNDAY, FEBRUARY 26 Lecture: Location: Time: Tuition: MPRE REVIEW (Tape Lecture) ROOM 106 10AM 2PM FREE for BAR/BRI enrollees - FRIDAY, MARCH 10 multistate professional RESPONSIBILITY EXAM (MPRE) TUESDAY, MARCH 21 D 1995 book distribution begins NY TUITION ENDS - $1425 ($1500 tuition until April 12) 3) CLASS OF '96 - $1395 NY TUITION ENDS ($1425 tuition until April 12) 2) CLASS OF '95 NOTE: - CLASS OF '97 & '98 $1395 NY TUITION CONTINUES UNTIL APRIL 12 FULL NY TUITION $1550 WEDNESDAY, APRIL 12 last day for.- d book pick-up 2) DISCOUNTED TUITION THURSDAY, APRIL 27 filing period begins for JULY 1995 NY BAR EXAM MONDAY, MAY 22 ny SATURDAY, MAY 27 filing period course begins at live location ends for JULY 1995 NY BAR EXAM TUESDAY, MAY 30 ny course begins at tape locations BAR REVIEW buf-s95 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-03-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 35 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/8/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ed8be9eb1a0d613f822dd08334f8980a.pdf 2c322db6b7df44b78755d424b1aaaa81 PDF Text Text 1995-96SBA GeneralElection Guide Candidacy Statements andEndorsements Inside Brinii'mg theissues to thestudentssince 1949 THE OPINION Volume 35, No. 12 Hamboussi faces by Evan Baranoff, Editor-in-Chief First-year Class Director GeorgeHamboussi,whowas thought to be unopposed in hisbid tobecome the next president of the StudentBar Association, is facing a last-minute write-incampaign by Fernando Leal, 2L. Hamboussi is the only presidential candidate on the ballot and was one of only four people who handedinvalidnominatingpetitions for SBAExecutive Board positions by the deadline, which was 4 p.m. Friday, March 10, at the SBA office. FernandoLeal announcedhiscandidacy March 26. The other three officialcandidatesincludeFirst-year ClassDirector Veronicaßodriguez, Jeremy Toth, 3L, and First-Year Class Director Mercedes Lindao. Rodriguez andToth are com- March 28,1995 STATE UNIVERSITYOF NEW YORKATBUFFALO SCHOOLOF LAW No Contest? write-in candidate SBA president; 2 vie peting for vice-president, while Lindao will run unopposed for treasurer. Peter Thompson, IL, is running as a write-in candidate forparliamentarian/office manager. Although only these four students will be placed on the election ballot, students have the option of staging a write-in campaign for any position. TheSBA GeneralElection for the SBA's executive officers will take place from 9 a.m. to 4 p.m. Wednesday andThursday, March 29 and 30, outside the law library, according to SBAPresidentBen Dwy er. All law students, including graduating seniors, are eligible to vote. According to Article 111, section 3(c) of the SBA Constitution, executive officers are elected by a plurality of the votes cast for each for office, provided that the candidate receives at least one-third of the ballots cast in the race. It further states that if no candidate receives therequired minimumpercentage of votes, the candidateswiththe three highest totalswouldparticipate in a run-off election, provided each such individual received at least 15 percent of the total vote. The Constitution does not state if thereis arequisite numberofvotes neededto be cast in an election for it to be valid. The termfor executiveofficers runs from May 1toApril 30, according to Article 111, section 4(b). The term ofclass directors, pursuant to Article 111, section 4(a), runs "until theirsuccessors are elected or their graduation, whichever is earlier." Law students will also vote for for V.P. slot FreePress Amendmentreferendum to be held tomorrow and Thursday The Free Press Sm<ient Bar AssotiationConstitunoanl Amendment, whichwas passed by the SBA Boardof Directors ou Oct. 11. will he voted on by the student body »n the general election. The amendment wouldprohibit the SBABoard ofDirectors from sanctioning The Opinion and other st udent press organtzanons (i.e.- newsletter, law journa]sandl<rtv#n*',.V)f<>r their content. The amendment mu»t pass by the one student seat on the 10-member University Council. The two students running for the universitywide position are UB undergraduates Andrew Goretsky and Michael freedom." Pierce. Dwyer said the University Council is like a Board ofDirectors for the university and represents the entire university in all areas of academic and student life. NewsAnalysis: Candidates reveal their platforms for SBA executive positions By Steven Dietz, Reporter WithStudentBarAssociation elections one day away, thecandidatesforSBA president, vicepresident and treasurer, both officialand write-in, have kicked their campaigns into full gear. The purpose of this article is to provide an objective analysisofthe candidates'political platforms. The analysis is based primarily on the statements submitted by the candidates and on the interviewsof thecandidateswhich wereconducted by TheOpinion Editorial Board. The interviews and statements give the public a strong indication ofhow thecandidatesviewthe challengesfacing theSBA in the coming year. The following is a summary of what they had to say. President GeorgeHamboussi First-year Class Director GeorgeHamboussi, the only candidate for SBA president that will be listed on the ballot, isbestknown for his efforts to improvesecurity inthebasementofO'BrianHall. Through his efforts, safety mirrorswere installed and an emergency phone was connected. For the coming year, Hamboussi hopes to work with the administration to improve the law school aesthetically, especially thefirst-floor student lounge. Hamboussi would also work to improve the social lifeof the law school. He said that, while academics are the most importantpartof theschool, socialfunctions play an importantrole inbringing thestudentbody together. Not all functions need to be funded by the SBA, and itcould be accomplished simplyby having class directorsschedule informal get togethers and chalk them on the blackboards. Hamboussisaid that, underthe leadership of Ben Dwyer, theSB A hasmade muchprogress over thelast year. Hamboussi wants to build upon that progress by improving theorganization oftheSBA offices andfully briefingSBA class directors on a weekly basis so, whenstudents come to themwith questions, they are able to answer them. On the subject of fiscal responsibility, Hamboussi said that he would take a close look at the lecture line to make sure thatspeakers are not brought in from great distances and compensated for airfare ajid lodging if suitable speakers are available locally. Hamboussi said he promises to communicate both with thestudentbody and theadministrationand to expand both theeducational and social activities at thelaw school. FernandoLeal Fernando Leal, 2L, is running as a write-in candidate. He says he is running to give the students a choice and to address theissues hefeels are not being addressed by the othercandidates. Leal is currently treasurer of the Phi Alpha Delta Law Fraternity. As an undergraduate at Fordham University,Leal wasfounderand chapter president of Delta Kappa Epsilon and, as such, initiatedseveralsocialserviceprojects such as Give a Child aChristmas, Coatsfor theHomeless, Toys for Tots, a magic show for children at St.Luke's Hospital, and fundraisers for theAmericanCancer Society and victimsofHurricane Hugo. Leal was also a member of the College Council and the UnitedStudent GovernmentalFordham. Leal is concerned about the effects of the proposed statebudget cuts toSUNY and he wants to organize a campus-wide fundraising campaign to benefit the university's budget, or a smaller campaign tooffset the cuts to thelaw schoolbudget. Leal also proposes a permanent opinion box outside theSBA office to makeiteasierforstudents to express their opinionsand concerns tothe SBA, especially at times when the office is closed. Leal would alsolookinto ways toexpedite the exitof the Economics Department from O'Brian Hall, and doing something about the $50 nonrefundable graduation gown fee, which he feels is unwarranted sincethe gownshave tobe given back. He would also study the feasibility of having a nurse on campus. VicePresident Veronica Rodriguez Veronica Rodriguez, IL, is currently an SBA class director. She helped organize an SBAsponsored letter writingcampaign protesting the budget cuts and draftedthemodelletterused in the campaign. She was also incharge of planning and organizing the Barristers' Ball this spring, the first such event in 40 years, according to Rodriguez. Rodriguezsaid these accomplishmentsdemonstrate thatshe has the ability to get things done. Shesaid thatshe would not stay in theshadows as vice-president, but would take an active role in assisting thepresident. Rodriguez stressed the importance offiscal responsibility and stated that, before voting to disperse funds inthe past year, she inquiredabout the state of the SBA budget and how much the organization couldafford. Asked whatpriorities shewould use in disbursing funds, Rodriguezsaid she was impressed by the approach taken by LATIS, in that it was very well prepared both in its presentation to the SBAand the memorandum it submitted in support of recognition and funding. Rodriguez saidshe would work next yearto make improvements to the student lounge and work with theCareer Development Office to increase jobopportunities available to law students. Rodriguez also said she would fight the feeling of apathy and disillusionmentamong the law students, in part by hosting mixers withother graduate schools and other social functions. Jeremy Toth JeremyToth, 2L, isalso vying forSBAvice president. While an undergraduate, Tolh was a memberof theexecutiveboardofhis campusradio station. Toth saidthathe's running because hefelt a strong allegience to the law school for all its problems. He wantedto beSBA Vice-President in order togivesomething back to theschool. He said studentshavean obligation totheschool todowhat they can to improve theschool. Toth emphasized the importance of fiscal responsibility. Toth said that, while he was impressed with the performance of the SBA as a whole, fiscal responsibility was a weak point. He saidhe was disconcerted thatthe SB Adipped below its emergencyfund thisyear. Toth wouldwork with the treasurerand class directors to insure fiscal planning for the whole year,rather than allocating funds on a piecemeal basis. He said that the lack ofyear- round fiscal planning led to students having to pay for commencement tickets thisyear and the Students of Color Recognition Dinner getting lessfunds than what theythought they would get at thebeginning of the school year. Toth would also have the SBA improve commencementplanning by appointing a committee of third-years in thefall for thatpurpose. Toth also endorsed theFree Press Amendment, whichwouldprevent theSBAfrom abriging theright of free press of any studentpublication covering news of interest to the law school. Hesaid that the most important functionsfor the SBA, aside from fiscal responsibility, are to assist student groups in achieving their goals, to mediatebetween studentgroups and the administration and to listen to and resolve student complaints. Treasurer MercedesLindao Mercedes Lindao, IL, is running unopposed for SBAtreasurer. Shewas unable toparticipate in The Opinion's interview session; consequently, thefollowing is adapted fromthewritten statement shesubmitted. Lindao is currently an SBA class director. From 1987 to 1990, she worked as a financial analyst for a real estate management company responsible for severalcondominium complexes and cooperatives. Her duties included the daily acccountingofincomeand expenses, aswell as the preparation of monthly financial statements and yearly budgets. From 1990 to present, she has managed a small business in Hackensack, N.J. Lindao said that, in the past year, the SBA arbitrarily allocatedfunds tocertain student groups for speakers that were not anticipated. Later in theyear,otherorganizations requested additional funds, andfunds were promised from unspent groupfunds. This causeda problem when organizationsapproached theSBAafterwards with emergency needs, which the SBA was unable to meet. Lindao promised that the needs of all the student organizations would be met equally. Parliamentarian There is no official candidate for SBA parlimentarian. However, Peter Thompson, IL, is running as a write-in candidates for SBA parliamentarian. Thompson neithersubmitteda written statement nor interviewed withThe Opinion. The Opinion was not aware of any other write-in candidatesfor parliamentarian oranyother position at press time yesterday. �2 March 28, 1995 OP/ED THE OPINION 1995-96 SBA Executive Board Candidacy Statements | Candidates for SBA President George Hamboussi, 1L This past year has really beenincrediblefor me. Before we all start law school we all have ideasabout what it will be like. Unfortunately, many of thenotions that we have are a littlefar fetched, more importantly I know that law school will be whatever we make ofit. As students, wehave certainresponsibilities thatwemustaccomplish. When considering going to law school at Buffalo, the school makes many promises through its recruiting process. Once we arrive, many students feel that the promises are not carried out and itis the jobof the SBA to workwiththe administration and address the concerns students may have. This years' Student Bar Association has done a goodjob in solving many ofthe problems that students have been concerned about, as president, I will continueand expand on the communicationthatthe SBA has with the student body and as well as the relationship between the SBA and the administration. I am running forpresident because I hope to improve theattitude that some students,havei about the law school. I hope to expand the educational as well as social activities that SBA organizations have. This in return will heighten theadministration's awareness and in return may push them to improve the conditionsthat we are all concerned about. In speaking to the administration, they have shownenthusiasmand desire to cooperate withthe SBA, all they ask in return is that we communicate what our concerns are. If elected I can ensure that the administration will have someone to work with and the jobwill get done. I think that a presidential candidateshouldbe someone whois familiar withthe issues of thelaw school, someone who has a foundation before they are electedinto office. I hope that my record of gettingthings done will speakfor itself. I am dedicatedto the student body as well as to theschool and will be more than happy to work withyou and listen toyour concerns inorder to address them at meetings. Please make the right choice in electing a student president and vote for GEORGE J. HamBOUSSI JR. Iwill not let you down. SBA General Election to be held Tomorrow and Thursday March 29 and 30 from 9 a.m. to 4 p.m. outside the law library Fernando Leal, 2L (write-in) WE DESERVE A CHOICE is the motto ofmy campaign, I am Fernando Leal andI am running as a write-incandidatefor SBA President. I have decided to run becausethere are many issues thatwill face the SBAin the upcoming year, and much to my dismay none oftheseissues have been addressed by theother candidate. The SBA is ripe to make an impact because of a stableand solidyear. The SBA underBen Dwyer's leadership was able to acquire thefollowing results withsome pressure andsome co-operation with theadministration, faculty, and student body. The results were: most of our grades were posted by the deadline, the Barrister Ball was revived, and the SBA was more accessible than in the past. These were just some of the accomplishments of theSBA this year, but there is still a wealth ofideasand issues that need to be addressed. In the following paragraphs I will address a few of these problems and some possible solutions. .•■ In what seems to beeminentctrtstoour>school>'s budget by shortsight politicians, theSBA should be looking at ways to ameliorate the impact of these cuts. One way couldbe by having a university widefund raiser. The SBA inconjunction with all theother student organizations and governments shouldestablish a fundraiser witha goal of"X" amount of dollars to be raised overa period of a month; themoney raised will then beadded to the university's budget. The result is the budget will be augmented, hence, making the fiscal cuts less harsh on thelaw school as well as the rest of the university. In the alternative, if no one wants to participate, then we can have our own fund raiser of which the money will go only for the law school budget. TheSBA shouldhave apermanent opinion box outside the office. The reason is to make it easier for the students to give the SBA suggestions, opinionsand ideas. This will allow for a freedom of ideas and exchanges between the SBA and the students. The very name of the organizationbegets thisidea ~ Student BarAssociation, which means that everyone has a vested stake in the organization not just does thatare elected. The opinion box will allow thestudents to express their views evenif no one is inthe officewhen they come by witha concern. Another area thatthe SBA should be looking intois thereputation ofour law schooloutside ofWestern New York. This is an area that effects everyone equally, because we are all looking for employment. Some initiatives have taken place, for example, our improved Research and Writing course and the instituting ofthe new curriculum, butwe cannot stop there. One way to improve our reputation is by establishing our identity as a law school; a major step taken was expelling theeconomics department,albeit on paper, from our building. It appears to me that whatshouldhavebeen a fairlyquick transitionis taking far to long,in such a caseit isthe SBA's duty to its constituents to apply the necessary pressure to effectuate the transition, so that our new curriculum couldbeimplemented correctly. This will increase our reputation because we will produce better attorney's, and this is the best way to make employers notice our students andfuture graduates. Other issues thatthe SBA should lookinto are: the fifty dollar non-refundable deposit on our graduate gown which we have to giveback after the ceremony, the feasibility of having a nurse on campus, and whatever otherideas and suggestions you have to offer. Some ofyou are reading this statement thinking to yourself theseare good ideas, but why shouldwe vote forhim? What experience does hehave withrunning an organization? The reason youshould vote for me is I wil 1provide a fresh, new perspective to theSBA. No, I havenot been a part of SBA, but I haveextensive experience inrunning organizations. As an undergraduate at Fordham University, I was founderand chapterpresident for threeyears ofmy fraternity Delta Kappa Epsilon, at which time I initiatedseveral service projects which are still on going,they are: Give a Child a Christmas, Coats for the Homeless, Toys for Tots, Provided a magic show for diseasedchildren at St. Luke's Hospital, fundraiser forthe Cancer Society, and a fundraiser for the victimsofHurricane Hugo. I was a memberof the College Council which was a ruling body comprised ofstudentsand faculty whosejob was toestablish school policy, and a member of theUnitedStudent Government which was arulingbody comprised ofelected studentswhose function was to voice thestudent's concerns. As a member I sponsored the acceptance of four new clubs, and helped three other clubs organize and petition for acceptance. I was also Commentary Editor of theschoolnewspaper andwon the Student Leadership Award. At present, I am a member and treasurer of Phi Alpha Delta Law Fraternity. Unlike theother candidatewhohas run a covert campaign and probably will run the SBA the in same fashion, if electedpresident, just like my campaign, I will have a policy ofopen and forth right discussion of theissues and I will encourage the students, as I am now, to voice all of there concerns. We need a president that has solid experience, fresh perspective, and will be a decisive leader I believe I am such a person. . . — �March 28, 1995 OP/ED THE OPINION 1995-96 SBA Executive Board Candidacy Statements Candidates for SBA Vice President Veronica Rodriguez, 1L Jeremy Toth, 2L There are several questions everyone asks you when you decide to run for an SBAposition. Being an elected SBA official is a seriousresponsibility. It takes more than simply having one's own opinion about an issue(i.e. A Political Platform). It takes more thanjust being able Here they are: Why do you want to be on SBA ? My first reason is that I have a fierce sense of loyalty to to articulate your philosophical ideals. Being an SBA official demands an ability to get things this school. With allofits problems and shortcomings,I really am very happy tobe hereandam done. It is a job. One which deserves a high level ofcommitment. Thestudent body deserves to be represented by officials who areresponsive to theirneeds also very optimistic about thefuture. I think most people feel that once they graduate theschool and wants. Students deserve to have dynamic, dedicated, and interested leaders. Leaders who becomes irrelevant. This is amistake. If in ten years this schoolis below average thenofcourse have the ability tobring students together, the ability to negotiate problems effectively and fairly, it will reflect poorly on everyone who graduated from it regardless of when they graduated. On and the ability to get the job done. I possess these qualities andthis is whyI havechosen to run the other hand, ifthis school is top twenty in ten years we will allbenefit. I think each student has an obligation to the school, fellow studentsandalumni to improve theschool. Most of my for Vice-President of the Student Bar Association. this committed the needs and of cynical friends will be laughing right about now, butI really believe that we all owesomething As a class director year, I wants myself toresponding to to this university. Becoming the SBA vicepresident is my way ofattempting to give something my fellow colleagues. There was a desire for a semi-formalaffair. I responded by taking.the, this.desijreintoa Theresult was the first Bell this school backto the school. reality./ lead and turning Barrister's 40 There were student concerns aboutSUNY Why not President? Everyone asks me this question and I don't really understandwhy, has had in about years. budget cuts. I helped in to the letter writing campaign by drafting a form letter Governor Pataki for students to use. though I guess its flattering. I was going to run for president until I found out that George was Throughout theyear students had various concerns and I endeavored to address them at SBA running. I really don'tknow him but I know ofhim and he seems like a really good guy. He will meetings. Students expressed concerns about howmuch of theirmoney was being spent, and probably do a better jobat President than I couldand he deserves the job. What doyouthink thefunctionsofthe SBAshouldbe ? First, let me say thatI thinkthatBen as aresult, before votingto dispense funds, I tooktheconservative approachby first learning what SBA much wexouldafford that fiscal and Les and the rest of the active SBA did an excellent job this year. It was not untilI found out responsibility the to spend. Ibelieve budget was and how is of the utmostimportance, and as a government body we shouldbeable tobudget intelligently the neither Ben nor Les was running that I decided to run for a position. The most importantroleoftheSßAis fiscal responsibility. TheSBA is given a huge chunk and effectively. Many studentsI have spoken to have commentedabout howdisillusionedthey have become in SBA because of negative events thathave occurred in the past. This level of of the student's money and has to be careful withhow those funds are allocated. All money apathy is quite disconcerting. During my term as a class director, Ihave strived to help change allocations have to be very carefully considered so that when late spring comes funds are still this by generating positive events and actingresponsibly in my decision-making capacity. I want available for groups and emergencies. WhileIdo believe the SBA did a spectacular job, I was a little concerned that the funds dipped below the emergencycushion. I will try not to let this to continue in these endeavors as Vice-President. As Vice-President, one focal point will be to address theserious concern among students happen. fromall years withJOBS. Undoubtedly, thejob market is tight, andresources are limited. I would Another important function, perhaps as important, is catering to theneeds ofstudent groups like SBA to work withthe Career Development officeand otherstudent groups to help increase equally and fairly. The SBAhas an affirmative duty to fosterall ofthestudent groupsand to help thenumber ofjob opportunities available to UBLaw students. I am also interestedinimproving them operate. This is not simply allocating fundsbutalso helping the groups in any manner the the quality oflife here at UB by maintaining the Barrister'sBall as a tradition, refurbishing the organization may request. I feel very strongly that the diversity and quality of student student lounge, and hostingotherfunctions that will fosterschool spirit. I wouldlike to help make organizations reflects directly on the quality of thelaw school educationBuffalo has to offer. UB Law a place where students are happy, well adjusted, and productive. Finally, I feel the SBA is the institution for voicing student complaints. This years SBA handled a numberofcontroversies and, while I do not necessarily agree withthe outcomes of those controversies, I think ineachinstance theSBAreacted appropriately and professionally. TheSBA is not a body thatshouldbe usedfor private ideological goals. TheSBA must, to best ofits ability, represent thestudent body and, therefore, must respond to all student complaints. Itis necessarily theforum for airing these complaints and must be run by people whounderstand this role and who are respectful and tolerant ofevery student's viewpoint. I hope everyone votes. We need a quorum to amend the constitution and the Free Press Amendment must be passed. Candidate for SBA Treasurer Mercedes Lindao, 1L I havebeenactively involvedintheStudent Bar Associationsince September 1994.1 am currentlyrunning for the treasurer position effective May 1,1995 to May 1,1996. The experience will not be new to me. From 1987 to 1990,1 was fortunate to work in a real estate management company as a financial analyst for several condominium complexes and cooperatives. My obligations consisted of daily accounting of income and expenses. My responsibilities extended to monthly financial statements and yearly budgets. The totalfinancial portfolio was three million dollars a year. Since 19901have managed and operated a small business in Hackensack, New Jersey. I have experience innegotiations with attorneys, city inspectors, contractors, sales person, insurance agents and vendors. Within thepast year I haveassistedthe current treasurer in organizing and filing financial reports. I havebecomefamiliar with the distributionof fundsand theneeds of thedifferent organizations. Funds havebeen arbitrarily given to organizations who did not budget unexpectedspeakers. Because ofthese unbudgetediterns, some organizations have requested additional fundsand receivedeither partial or theentire amounts requested. However, other organizations were not able to enjoy the same benefits. The needs of all the organizations should be addressed equally. As treasurer for theLaw School, I will extend my experiences and dothebest I can to fairly represent the student body. Kindly Vote for MercedesLindao on March 29thand 30th. 3 �EDITORIAL THE OPINION 4 ..Volume . 35, .. No. 12 ._ NT Foundedl949 Evan C. Baranoff Editor-in-Chief March 28,1995 IOOC March,OQ 28,1995 KM Peter G.Zummo Managing Editor EDITORIAL: Endorsements for SBA Executives SBA President: Tie The consensus of theBoard is that George Hamboussi shouldn't takeFernando Leal's write-in campaign lightly. We were impressed enough withLeal's ideas and initiative to question whetherHamboussi is the only person for the job of SBA president. GeorgeHamboussi Hamboussi, the only candidatethat will be placed on the ballot, has a strong record of listening to student concerns and following through on his campaign promises. For example, Hamboussi relentlessly pressured the administration to improve the conditions ofO'Brian Hall's basement and shouldbe credited withthe significant improvements that were done. Hamboussi's accessibility and dedication to the students cannot be questioned. Hamboussi saidhe wants to continue many of the positive things theSBA has donethis year. He said he wants to continue with the Community Day and Barristers' Ball, and also wants to continueto pressure the faculty to get their grades in on time. He also saidhe wanted to follow through withrenovating thestudentlounge. However, Hamboussi did not state what new issues needed to beaddressed. The Board was concerned with his vague agenda for the future and his prioritizing of social events. Hamboussi saidhe wants to improve "theattitude about theschool" and make sure that the administration keeps its promises to the students. While these seem like noble goals, Hamboussicitedfew specifics to explainwhatpromisesweren't kept or how he would improve the school's attitude. Hamboussi's focus was on increasing the amount of"social gatherings" inorder to foster community spirit. He described these social gatherings as informal get-togethers, like the ones thatfirst-years had at the beginning of the year. Whilehe said theSBA would not fund these gatherings but merely encourage them, we find this priority of his to be misplaced. While informal large gatherings are probably a good idea for thefirst weeks of the new semester for incoming students, we question their long term value. Students find their own circle and begin to form friendships that will last, in some cases, for a lifetime. Also, as the semester progresses, students face heavier workloads causing them to lose interest in social events (which is probably a goodidea iftheywant topass Research& Writing and Con Law). While we are all for fostering a sense of community, we question Hamboussi's emphasis on SBA sponsored social events (i.e.-boozefests). Hamboussiwouldhavebeenbetter off defining in concrete terms his plans for next year. While the fact that he was running unopposed until a few days ago may have affectedhis campaign strategy, this is no excuse for lacking a clear agenda for the future. Nevertheless, Hamboussi didoffer some suggestions on how to improve how theSBA can better relate to the students. He said that SBA directors shouldbe better trained on the resources and servicesavailable in theSBA office. He stated thatdirectorsshouldknow the location of vital information in theoffice andbe able to assist studentswiththeirneeds. We agree withthis approach to student services and encourage its implementation. In sum, Hamboussi is a proven advocatefor student concerns and we remain confident in his ability to read thestudent pulse likehe has accurately done in the past. Hamboussi has always been open and accessible in our dealings with him two qualities that signify an excellent studentrepresentative. If elected, we hope Hamboussi recognizes thathis role as student advocate would be his primary responsibility, whichwould include ensuring that students' voices are heard concerning commencement and the implementation of theNew Curriculum, among other issues. — Fernando Leal The Opinionfirst learnedof second-year law student FernandoLeal's write-in candidacy on Sunday, through a phone call from Leal's campaign manager. That person argued that it wouldbe unfair to denyLeal an interview solely because he was not an "official" candidate, but a write-in candidate. We agreed. STAFF Business Manager: Lisa C. Nasiak Production Manager Peter W. Beadle NewsEditor: JosephL. Broadbent Features Editor: Sam Chi Photography Editor: John W. Gasper ArtDirector: LenOpanashuk Assistant edilors:News:John Fedctice; Editorial: DavidZammiello; Features: FloraChanand Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Stabilizing: We'lllelyou know Destabilizing:Uwsuilsandmorningsickness The Opinionisanon- profit,independent.student-ownedandrun publicationfunded by theSßAfrom studentlawfees. TheOpinion. SUN YAI BuffaloAmhcrstOimpus, 724 JohnLocdO'BnanHall, Buffalo.New York 14260 (716)645-2147. The Opinion is published every twoweeks durinc the FallandSpringsemesters. It is thestudent ncwspaperoftheStateUniversity ofNew York alßuffaloSchool of Law. Copyright 1995byThe Opinion.SßA Anyreproductionof materialsherein isstrictlvprohibited without theexpress consentofthe Editors. Submissiondeadlinesforletters to theeditorand Perspectivesaresp.m.on the Fridayprecedingpublication. Advertising deadlines arc6p.m. on theFriday precedingpublication. SubmissionsmayeitherbesenttoTheOpinionat theabove notedaddress, dropped offunderThe Opinion office door(room 724 O'Brian Hall),or placed inBox#loor #280on thethirdfloorofO'Brian Hall. All copymustbe typcd.douWcd-spaced,andsubmittedon paperand on acomputer disk(IBM- WordPerfect). Letters are best whenwrittenasapartofadialogueandmustbe nomore than twopages double-spaced.Perspectives are generallyopinionarticlesconcemingtopicsofinteresuothelawschoolcommunity and must benomorc thanfourpagcsduublc-spaccd.The Opinion readsandappreciatesevery Icltcrand Perspectivewereceive: wereservc Ihcriyht to editany andallsubmissions forspaceasnecessary andalsoforlibckjus content. TheOpinion will notpublishunsignedsubmissions. Wcwillreturn your disksto your campus mailboxortoaprivalcmailbox ifasclf-addrcsscd stampedenvelopeis provided. JJgOjiyiJua.isdedicated toprovide aforum for thefree exchange ofideas. Asa result, the view*c xprcsacdin thisnewspaperarc nrtnccc«Mc^lhn«cnfU*EdrUic»ufSlaffurrhcOniniun. "Congressshallmakenolaw..^mkridtiMttkefreedomofspeech,orofthepress;...n Why we are doing endorsements Toout knowledge, this is thefirst yearThe Opinion Editorial Board has endorsedcandidates for SBA Executive Board This decision was hot taken lightly, rior quickly. Some studentsandseveral candidatesexpressed concern overThe Opinion 'splans to endorse, some evensuggested that it was not properfor us to do so. But, in answer toourcritics,we fee Iitnecessary to briefly explain ourrole, as thestudentpress, incovering the student government. Wehave aresponsibility toTeport Objectively and faifly on the candidates and on the issues ofthe campaign. This is done in our news storiesonthefrontpage; this is not the purpose of this (or any) editorial. In addition to our news coverage, we also provide the studentswith informed opinions about theissues facing them. While a good editorialwill be wellreasoned arid wtl| Consider all sidesof an argument in its analysis, its purpose is to come to a conclusion or express enopinion on the issue, Accordingly, outendorsements areour opinions about thecandidates and should be viewedassuch. Endorsements aremore than simply selectingone candidate overaqother; it is doingananatysjs ofthecandidatesandexposinglheirstrengths andweaknesses. In fact, our endorsement perseshould be less important than our reasoning that lead up to our conclusion. Therefore, students are urged not tostop read ing after learningour endorsements, butread and considerour analysis(in conj unction with our news stories and the candidates' statements) in order to reach their own conclusions. The Editorial Board's endorsements are based on several considerations, including the candidates'experience and past performance, thecandidates'platform, and theBoard's interviews of thecandidates. OnlyBoard members attending theinterview session votedand Board members with any potential conflicts ofinterests abstained. Theßoard jnterviewedfouroftftesixdecJaredcandidatesCPresideni:Georgejlamboussiand write-incandidateFernando Leal; Vice-president: VeronicaRodriguez and JeremyToth) on Sunday, March 26. (Mercedes Lindao, who is runningfor treasurer, was unable to attend an interview. Peter Thompson, whodeclared heis running as a write-infor parliamentarian, declined tobe interviewed.) Ha vingcoveredthe SBAand the various issues affecting the law school, we feelwe arequal ified tocut through thepolitical rhetoric of the candidatesand ask the uuigh. revealing questions to provide adeeper analysis. Becauseofthe lackofaneffectiveCandidatesForum, students may never receive information beyond each candidate'srhetoric We feel thestudent government is far too important to allow thislackofinformation logo unremedied. Hoover, We mustre-emphasize the point thaiourendorseinentsare rnfcabt to assistxJur readers incoming to their judgments and not to replace their judgments. What follows, therefore, is the consensus of the Editorial Board, ft is strictly our opinion, and should be viewed as such. However, whilewewere pleased thatthe presidential race was now contested, we hadlow expectations of the largely unknowncandidate. After hearing his platform, we feel our fears may be for naught; Leal's interesting ideas and demonstratedenthusiasm not only convinced us that he merited an interview, but also that he was a worthypresidential candidate. Leal statedthathe was running to give the students a choice in theelection. He felt, and we agree, that, with one candidaterunning, issues thatneed to beaddressed were not getting aired. Leal said that he wanted to see a legitimate race for president and only this would guarantee a complete discussion of the issues. Leal addressed the tuition increase and what students should be doing to influence the decision making process. Heproposed a fundraising effort directed at alumniand friends ofthe university. While we feel thisideahas merit, Leal's proposals were still intheirembryonicstage. They need to be more fully developed andrefined. Heproposed an opinion box outside theSB A office, wherestudentscouldcommunicatewith theSBA. We feel that this is a good idea as communication is the key to effective leadership; students must have the opportunity to communicate with their representatives. A box where someone can drop off a quick note voicing a concern or addressing a problem is a convenience that will serve the students well. Leal also spoke about the graffitiproblem in the bathrooms and on thedesks. He stated thatthe problem is becoming significant andshouldbe taken seriously. We agree. TheO'Brian physical plant is deterioratingrapidly. Action shouldbetaken now beforeconditionsreally reach the dangerpoint. However, we remain concerned withLeal's lack ofSBA experience. Particularly for SBA president, familiarity with the operations of the SBA and the running of the meetings is vital. The president needs to be able to run an orderly meeting andalso must beable to train theother SBA representatives. While Leal said hehad some experience running meetings as president ofhis undergraduate fraternity, we question whether thisis enough. Overall, Leal's ideas are good, but need more definition. However, the fact that they have beenraised is a service to thestudents. An open andfair debateof the issues isfundamental to thesuccessful functioning of theelectoral process. We support Leal's courage inrunning as a write-in candidate, which is always an uphill battle. nextpagejor endorsementfor vice president �March 28,1995 THEOPINION SBA Vice President: Jeremy Toth While the Board felt both candidates were well qualified for the position, the Board felt the needfor third-yearrepresentation on the SBAExecutive Board andToth's priorities of student advocacy and fiscal responsibility tipped the scale in favor of Jeremy Toth. JeremyToth Second-year law student JeremyToth impressed theBoard withhis solid ideasand clear vision for the SBA. Toth had three maj or points. The first was the need for greater fiscal responsibility. Toth questioned the process that the SBA uses to allocatefunds. He expressed concern over all the "supplementary" allocations at the end of the semester while at the same time not having sufficient funds for the Students ofColorDinner funds that hadbeenpromised to thegrouplast semester. — Toth was also concerned that third-year students are being asked to pay for graduation tickets. He stated that it was irresponsible to fund groups with "emergency funds" while charging students to attend their own commencement reception. Second, Toth wantedthe SBA to lend more support to student groups. He suggested that the SBA could help student groups run more efficiently. We agree. The SBA couldbetter help promote group events. Thiswould force groups to organize earlierandshould lead to increased attendance at group events. We are confidentthatToth would explore theseand otherideas on how to promote efficiency. Third, Tothfeels thattheSBA shouldbe thepoint ofinteractionbetweenstudents, student groups, and the administration. He believes that the SBA must be tolerantand listen to all viewpoints. It should not become a platform for the furtherance of politicalagendas or goals. He said the SBA needs to insure that the administration listens to the concerns of students. We agree with Toth and were impressed with his presentation and his response to our questions. Not only are his priorities in the right place, but we feel Toth's presence on the Executive Board of the SBA will be an asset for two additional reasons. First, we feel it is important for the SBA Executive Board to contain third-year representation, especially inlight ofthe controversy surrounding this year's commencement; Toth is the onlysecond-year that will beplaced on theballot. (While we do not wish to say that only thirdyears can represent third years, or thatthere must be a "class" representative on the Board, we do believe that it is vital that all students feel that their interests are being looked after and represented.) Second, Toth is not currently on the SBA and we feel that someone new, without preconceived notions or ideas, would be an asset to the SBA's Executive Board. Whereas inexperience is a stark liability forSBA president, it is not a fatal flaw in the vice-president. The vice-presidency could be effectively filled by someone with Toth's inexperience. The SBA, like most organizations, sometimessuffersfrom a "that's theway we didit last 5 year" mentality. A new member can infuse a fresh perspective to issues and facilitate improvements that are necessary to improve the operation of the SBA; we believe Toth is such aperson. Veronica Rodriguez Like Hamboussi, First-year ClassDirector Veronica Rodriguez was one of the more active student representatives. She organized the Barristers' Ball and played a key role in the letter writingcampaign to fight thebudget cuts. She doeshave a provenrecord of "getting things done." The editorial board was impressed withheroverall professionalism and commitment. She said that, "being on the SBA is a job she takes seriously." Rodriguez seemed primarily concernedwiththelevel ofapathy andschool spirit. She wants foster a sense of unity, by sponsoring more social events. Rodriguez would like to see more to "mixers," not only with law students, but also with the medical school and other professional schools. While most everyonelikes to party, we feel thatthe SBA should not be turned into "party central." We feel her emphasis on parties is misplaced. We were also turnedoff by what we perceived as an unwarrantedattack on current SBA Vice President Les Machado's record. Machado, although not in the limelight, has been an important behind-the-scenes force on theSBA executive board. Nevertheless, Rodriguez offered good ideas. Rodriguez suggested thatthe SBA workwith the Career Development Office to improve their services and get students morejobs. While we are unsure what the SBA could do in this regard, this is a noble goal. Rodriguez also stressed fiscal responsibility. This is an importantgoal and we hope next year's officers follow through on this issue. Overall, Veronica Rodriguez is a competent, qualified candidate with a proven recordwho wouldmake a good officer. The Board preferred Toth's priorities to hers, SBA Treasurer: None First-year Class Director Mercedes Lindao is running unopposed for treasurer. She was unable to attend our interview session on Sunday and, therefore, we feel we cannot offer the studentsany insight into her plans for theSBA. Theeditorial board was encouragedby thefact that she cared enough to submit a candidate statement. We can only hope that fiscal responsibility is a prime concern ofhers. SBA Parliamentarian: None While we are aware of one write-in candidate for parliamentarian, he declined to be interviewed andfailed to even submit a candidate statement. We, therefore, have no information on this race. WE'RE NOT THE BEST BECAUSE WE'RE THE BIGGEST WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW 800-472-8899 �GenermeReectnfdessimroeandltum PrelSBA AFree March 28, 1995 6 OP/ED THE OPINION Against For To the Editor: This letter is in response to your editorial in the March Bth edition. This editorial was entitled "Vote Yes for Free Press Amendment. We must take exception withyour position. First and foremost, the Opinion is not, "like all newspapers" nor is it, as you seem to imply, an independent newspaper. As your own masthead right below the editorial points out, albeit in very smallprint, the Opinion is a student-ownedand run publication"(the use of the adjective "independent" immediately proceeding this phrase is nonsensical, if it is student owned just what is it independent from?). As such the Opinion's situation vis-a-vis the Student Bar usconcern. is we takeissue Association is not comparableto that oftheNewYorkTimes and theU.S. government. Itis more Adam Easterday and Sandy Fazili claimthatThe Opinion not independent; to those correct to withtheirclaim. Thefact that we are funded does not mean we are or should be subject analogize the Opinion to theStars and Stripes, a publication ofthe U.S. armed forces. "TheFirst here" Given all of this, the SBA while arguably a "state actor" is not in violation of the First whohoi d our purse strings. Opponents who claim Amendment doesn'tapply thefreedom of the Amendment miss thewholepoint ofrunning a newspaper. TheFirst Amendment protects protection offree press if it sanctions the Opinion. The Opinion is subject to SBA to control the by provisions ofthe SBA Constitution which grants the SBA, among other powers press; it makes no distinction on whether the newspaper is independently funded or subject over all otherrecognized and duly approved student organizations and activities." "precedence budgetary approval. case before Section 1(A)). Ofcourse the Opinioncouldargueitisnotastudent (SBAConstitutionArticlelV. currently Perhaps Mr.Easterday and Mr. Fazili are unaware of theRosenberger or but that seems difficult given their admission that they are studentowned theSupreme Court in whichastudent-run, religious publication is suing the UniversityofVirginia organization activity means what and run. based on its decision to refuse funding the publication. If the First Amendment Additionally, theSBA as the duly electedstudent government has as a one ofits duties the Easterday and Fazili say it meaas, thepublication wouldhave no case. The fact thatthe Supreme Court is hearing the case demonstrates the error of Easterday's and Fazili's position. power to "Charter, rescind charters, impose sanctions and provide for regulation of the law Forthoseof us whodo not religiously attend SBA meetings, TheOpinion is the only source student organizations."(See SBAConstitutionArticlelV. Section 1(A)(2))Thus, whetherthis of information as to what the SBA does. Without the FreePress Amendment, we would have Amendment passes, the Opinionas a student organization can stillbe sanctioned, or at least the the threat of sanctions hanging over our heads, which would influence what we report to the possibility for sanctions remains. Finally let us just say for the record, we are not speaking for the SBA but expressing our students. As a result, you wouldbe hurt most of all. The Opinion existsfor thebenefit ofthe students, not the SBA. By passing theFree Press own personal view. We voted to place the amendment on the ballot which is clearly Amendment, you will be insuring thatyou hear thewhole truthandnotwhat passes SBA approval. distinguishable from supporting the Amendment. The voters have theright to choose andl urge If therereally is no danger ofsanctions, why is thereany opposition to the amendment? Passing them to do so, because, as the Opinion correctly noted, a vote by twenty percent of the student the amendment will not give TheOpinion free reign; it merely allows us to print whatyouhave body isrequired tomake any Amendmentofficial. However, we ask them to consider thisissue carefully and not get caught up in the First Amendment rhetoric of the Opinion editorial. The theright to know and we have the duty to tell you. First Amendment doesn'tapply here. One of the issues on this year's election ballot will be the approval of the Free Press Amendment, theproposedamendmenttotheSßAConstitutionwhichwillprohibittheSßAfrom sanctioning The Opinion for its content. The 1983 and 1985SBA administrationssanctionedThe Opinionbyreducing its funding as a punitiveresponse to the newspaper's content. Other administrations have attempted to do so, going so far as to put it to a vote, but were unsuccessful. These past experiences have caused The Opinion Editorial Board AdamEasterday Sareer Fazili SBA Parliamentarian SBA 2L Director SCHOLARSHIP University at Buffalo Law School The law firm of Phillips, Lytle, Hitchcock, Blame & Huber is offering two $2,500 scholarships for the 1995-1996 academic year. One scholarship will be to a second-year student and the other to a third-year student. The purpose of the scholarships is to add diversity to the local Bar by providing financial support to law students in a minority or other group that is traditionally underrepresented and who have expressed an interest in practicing law in Western New York. A person can receive the award for two consecutive years. The selection committee uses the following criteria in awarding the scholarships: PHILLIPS L, I I L. t I 1|I H V- IX. •Membership in a minority or other group that is traditionally underrepresented in the New York legal community of Western •Factors demonstrating especially strong character, experience or ability D L/\ 1 l> t practice law in Western New York after graduation and a commitment to this geographical area •Intent to remain and Qj •Financial need •Academic record If you would like to apply for the 1995-96 scholarship, please submit a letter of interest, together with a current resume, to: I I cD IX I 1 U Dt ■ i q The UB Law School Scholarship Committee c/o Associate Dean Aundra Newell, Chair 312 O'Brian Hall Buffalo, NY 14260 The letter should indicate Jiow you meet the above criteria. By applying for the scholarship, you authorize the selection committee to have access to your law school file and transcript. The deadline for submission of letters is March 31,1995. Finalists will be notified in April that they have been chosen to be interviewed. Interviews will be conducted by membersof the law firm of Phillips, Lytle, Hitchcock, Blame & Huber in April and the scholarships awarded shortly thereafter. /\ 1 I V_/ (7 u'+z _ \ \/ iw/ KIN LI J 7-^/IQQ u^vu �March 28,1995 THEOPINION 7 What The Opinion could look like without the protection of the Free Press Amendment. OPINION llS" All the news that's fit to print Think about it. Vote Yes for a Free Press. �March 28,1995 THEOPINION 8 I Increased My MBE Score 70 Points! \ June 9,19 ' ■ f M SPECIALIST Another PMBR Multistate Success Story! NATIONWIDE TOLL FREE: (800) 523-0777 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-03-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 12 28.03.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/28/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fcb27aa21714ce215dc6abd6c71ee6e2.pdf 4fe20304cce818e32d295132d582758c PDF Text Text I J FEATURES OP\ED Exclusive fookatthe career On-line newsgroupfor VB Law formed. See page 5. Forthe latest on the budget cuts andth c asbestos situation, see stories on page 3. paths of 1994 law grads. Story Wptipage 7, Bringing the issues to thestudentssince 1949 THE OPINION Volume 35, No. 13 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW April 3,1995 Hamboussi elected SBA president Thompson fill remaining Executive Board positions Lindao and Toth, by Joseph L. Broadbent, News Editor First-year Class Director George Hamboussi was elected StudentBar Association president in last week's general election. Jeremy Toth, Mercedes Lindao and Peter Thompson were elected vice-president, treasurer and parliamentarian, respectively. Almost half the student body cast their ballots last Wednesday and Thursday to elect next year's SBA Executive Board. In total, 380 out of 776 students voted. SBA President Ben Dwyer said that the turnout was "great" and attributed it to the write-in campaigns andlaw students' dedication to "theircivic duties." He said that, "all the candidates were quality candidates and would've done a great job." Hamboussi won 61 percent of the vote despite a late write-in candidacy by Fernando Leal. Shortly after hearing the results, President-elect Hamboussi said he was "relieved and happy." Regarding thewrite-in campaign staged by Leal, Hamboussi said he liked having a race and that, "it makes me feel much better that I had competition and waselected." Despite Leal's entry into the race, Hamboussi saidhe didn't step up advertising his candidacy because "I didn't wantto spend that much paper." In that vein, he said that, "one of thefirst things I plan to doisask student groups to use quarter pages when they stuff boxes" to save paper and money. In addition to his plans to begin learning things about the officethathe doesn't currently know, he promised to find out what students think about the proposed Code of Conduct. Finally, he said "the very first thing I'm going to do is take down all my signs and recycle them." As of Friday morning, Hamboussi's signs were in 1995-96 SBA GENERALELECTION RESULTS stitution, designed to prohibit the SBA from satictioningTheOpinion and oiher student press for its conlent. was overwhelmingly approved byavote of 264-88, The new Amendment states; '(The SBA shiill] pass no resolution abridging the freedom of the press u> report on the news, including theaffairs of the law school, or sanctioning thepr«ss ioany wayfor , the exercise of that freedom.* "The overwhelming approvv al ofthe Amendment sends a clear signal to the SBAthat thestudents want thei r newspaper independent from their student government," said Evan Barariotf, Editor-in-Chief ofThe Opinion. "The Amendment also acts to remind everyone that I SBA President: George Hamlxwssi 213 •Fernando Leal 137 SBA VicePresident: Jereruy Toth 204 Veronica Rodriguez 158 George Hamboussi Jeremy Toth I SBA Treasurer: Mercedes Lindao 288 SBA Parliamentarian: •Peter Thompson 81 *JohnLeifert67 FreePress Amendment: For 264 Against 88 'Signifies *vite-in candidate Mercedes Lindao Peter Thompson fact taken down. Vice President-elect Jeremy Toth could not be reached for comment by press time. Treasurer-elect Mercedes Lindao said she was "ecstatic" at being elected, adding that "I knew it was uncontesied, but it's thrilling to have been elected." Lindao said she's "anxious to get involved withthe budget and meet withstudentgroups in the coming weeks." Students approve Free Press Amendment hyJosepkL BraaJlxnt, NetvsEditor The Free Press Amendment lo the Student Bar Association Con- L the First Amendment does apply here" SBA President-elect Crcorge Haraboussi said, "I'm very happy and pleased that t he students voted for it. t was for students voting on something that affects them. The vote showed that the amendment was something that they wanted." Current SBA President Ben Dwyer said,"While I don'tthink it was totally necessary and have confidence future SBA leaders wouldn't a< t capriciously towards The Opinion, itdoesn't hurt to have it added to the SBA Constitution." Parliamcntanan-elecl Peter Thompson tailed theamendment "a good idea," saying "the press tteeds to be independent without people looking overits shoulder." The amendment will take ef. feet in the Fall '95 semester While shedescribed the coming weeks as a "crash course" in learning the budgetary process, she has been working with current Treasurer Elizabeth Jewett in the past few weeks toprepare herfor the weeksahead. She added that, "I appreciate the trust the student body placed in me by voting andbelieving that I can dothe job,"and said she wants to follow through on everything she promised to the students. Finally, she said thatstudents with questions shouldfeel free to stop and ask her. Newly-elected Parliamentarian Peter Thompson, who won the closest of the four races, saidhe was pleased at being electedand SeeSBAELECTIONonpage6 Faculty discusses Code ofConduct byJosephL. Broadbent, NewsEditor debate on policy questions such as 1 Friday's nearly two-hourfacul- harassment and persecution. He ty meeting focused primarily on the added that the latest revision atproposed law school Code ofContempted to address these concerns duct, whereboth faculty andstudent through the adoption of the SBA proconcerns were addressed. posal to resolve any questions in the Professor Robert Reis, one of the members of theCode of Conduct Committee responsible for the Code's formulation, began the discussion by noting that some sort of code was needed to address student complaints and concerns. He said that the committeesolicited a number oflaw school codesand adapted language from those codes into UB Law's proposed code. Reis said that thecode had gone through sevenrevisions over the past year, based on concerns and questioas raisedby studentsand faculty which the committee triedto incorporate. Reis said that, while there is little or no debateabout student conduct, thereisbound to be continuing realm of free speech in favor of the students. He alsorelated that questions were raised by Professor Lee Albert and others about adopting measures to ensure that students receive due process in proceedings under thecode. Related to this was his suggestion thatthe faculty develop a pool of "assigned counsel" to represent students in proceedings for code violations. After Reis finished, a number of faculty members, as well as students in attendance, expressed their concerns andproblems with particular code provisions. Professor RobertSteinfeld expressed reservation withcode provisionswhich impose uponstudents a duty to report any codeviolationsand which punish a failure to report a violation, calling them "too Big Brotherish" and "snitching rules." Dean Nils Olsen partially agreed, stating that the provisions "sweep too broadly" by requiring studentsto report any violationand suggesting that the language be changed to re- flect "priorities." Steinfeldalsosaidhe was concerned over Chapter 3, Section 7(d), whichpenalizes "loud, boisterous or other disruptive behavior" that interferes with classroom or library activities. Steinfeld questioned whether demonstrations would be covered by the provision and said that he would have "trouble voting for it." Steinfeld's concernwas echoedbythird-yearlaw student Joseph Broadbent, whosaid the provision's language was "vagueand overbroad" and could infringe upon constitution SccCODE onjiagc3 �Pieper People Pass!!! - /Come and / / \ I i April 3,1995 THE OPINION 2 see why ■ everybody's switching Over tO Pieper!!! "fN\ / Every attorney Ive \ / j \ ever met said i must take Pieper to pass the NY Bar \ I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \\ / \ I J Aj&t rj I \ J / MljV^ *-f \\i \fi f Don't be left out of the conversation!!! /You passed too? y??Tl (Of course I passed! LJH VJ+ \ X J I took PIEPER. V 1# 'j} I couldn't have done it, I *< \ JJ it without them! great!] That's 1 I couldn't have prepared any / better!!! I'm glad I I switched to Pieper!!! Fin J ow£ w/ry everyone's talking about, and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �April 3, 1995 Cuts confirmed for UB Law I byPeterZumnto, .Slonag'mgEditor Associate Dean Markne Cook confinnedl&vtThursdaythattheUßLaw 1994-1995 budget has been cut by more than SiOO.OUV "We have returned $108,92* to ihe Provost's office and they will return this money to the state," said Cook. "This rut,, is equa! to 2.>7percenlor' our state budget. , $2.5 million, and the lav. school's share of that cm was 4 percent Cooksaid thut.tothebe&tofherknowledge, the cuts were apportioned equally among all the units at ÜB. Associate Dean Nils Olsen said that iutswcre"untortuß4te,hutev«ryunftofthe adversity/ has tocdntt&ttte. Wfcvfere ebie iog the New Curriculum «the suctetsfut faring <tfnew professors. These cute will have rto effect on the ongoing program ." NEWS noted th<M,ifseverecuts areimposedonthe school eext year, "fjHfire is no cushion: tef*" BndahwtNOjjanvcutewOlaoibeeasv there wiU be an mcrea»e semester. in tvatwn next j*aA budget, Dean Barry Boyer stated "everything is up in theair Wedoo't know what will happen next year. The Legislature has yet to act on the budget." Boy«r (tutlmedncxt year's budgetarj decisi<jß6 m a "tiaee &eg*£f<K»ss.n ¥$&> sources ofasbestos in O'Brian Hall, according toLenßorzynski,industrialhygienistforUß's Office ofEnvironmental Health andSafety. UB Law's asbestos controlprogram has continuedits efforts to identify, evaluate, and control asbestos on campus. Earlier this semester, University Facilities workers collected dust samples from the grillwork in some first floor classrooms. These samples tested negative for asbestos, saidßorzynski. While collecting these dust samples, facilities work- » substantia] ititwapparentthatlbejfnrtum- ing Mudents} witl ortt be able to continue 31 UBLaw, it ts important that they inform us as, soon a» possible," to thatthe school can meet its enrollment targets. Olsen saidhe hoped the trustees will not ww tuttjyn to "sutb a point that Mu* demstan'tpayaiall Itiai wouldn'tnuke sense." Returning student*will probably have to wait for many weeks after the current semester ends before they areinformed about tteamoeatofthetuMfeßmcfease. tlwcets jawposedby theAsiemblj andSenjteCtmW result in a tuition increase of between $500 andslGoo. The amount ofthe increase will be decided by the SUNY trustees. The legislature and governor have yet toreachanagreememontrtespecit'icsofthe SU N V cuts, and if past years ate any indication,they may not for several more weeks. TheApril 1 deadlinecameandwentwttbout a statebudget, marking the eleventh consecutive failure to enact a budget on time The New York Senate approved an extras«s million tot SUNY lastweek. Late Saturday night, the Assembly voted to restore $134.4 million of the proposed $290 million cut. Consequently, the two houses still have to come to an agreement on the specific amount. Once they do, the SUNY fundjngcanberestoredeveu if the remainder of the budget isn't passed. fourthfloor in thelaw library are missing. That ceiling area hasbeen opened upmany times to work on a perennial water leak problem, said Borzynski. He added that previous testing showedno asbestos in the sprayed-onmaterial that is now exposed nor in the ceiling tiles themselves. Asbestos in O'Brian Hall is primarily containedinsprayed-onfireproofingandsoundproofing material on ceilings and structural supportsandin vinyl floortiles, saidßorzynski. Asbestos becomes a danger when asbestos fibers become airborne and are inhaled. The U.S. Environmental Protection Agency "Is there asbestos in the building? samples detectedasbestos fibers at levels well what below OSHA considers dangerous, said Yes there is* j>o Jreally feel that people are being exposed to quantities that are detrimentalto their health ? No, I don 7." Borzynski. negative results for dust samples taken in the fall semester from Room 305 andfrom arooftop fan room. Borzynski saidhehas therelief air from the building tested periodically and most recently sampled it in January. Since using a method of analysis that can detect a greater range of fiber lengths as well as distinguish between asbestos and other fibers, "no exhaust air sample has evershown anything (any asbestos)," addedßorzynski. Seven ceilins tiles on the east endof the Code of mates that pie die each yearfrom asbestos-related illnesses such as lung cancer, asbestosis (a chronic lung disease) and mesothelioma(a rare cancer of thelining ofthechestand abdominal cavities). The latency period for these asbestosrelateddiseasesis 20 years or more. "You are not going to get an immediate reaction to asbestos," said Borzynski. Mostofthe asbestos-containing material in O'Brian is in good shape and can be mainreleasing fibers intothe air, said Ei t h out Conduct, ally protected speech. must have a response from the SUNY system; finally, the funds must be allocated at the university level. Boyex described the options a* "limited," saying that most of thescnt»J'shi«feelwemwtacaatyanil«atf wk>»e|)«3fccteiEiljy«BJon<»ntracte, Areas tbat may softer cots include cumcuhtm, factdry sappettand Mtidtm setvice» Olsensaidhe hoped mrtht%wHi be tut as fa <«. tiw curriculum w con* We cetsedil^c won't be exempted from that." Boyer bfljd it is important thatall sm> dents provide A&R with "good summer addresses," *o thut the wrhoftl can contait them HeMid4s*wnat.thtftumo!j*Bcnaae M wit. <» tnaihajj will go out to all student* Soyer saidthat the tuition tncre&se**nMv be 3 Asbestos testing continues in O'Brian byJimSyta, Reporter "Cuts are never fun, but to have a cut thKUteintheytBdn\doubiejeopard},"«ad Cook. Wbjle ihe cuts tor tlu* budget year, THE OPINION Professor GuyoraBinder spoke abouthis concerns regarding Chapter 3, Section 7(c), which requires that students comply withthe ABA's ethical rules, whichhe called "excessive." Binder also discussed problems with Chapter 3, Section 7(e)(4), which penalizes harassment or persecution of another student "on thebasisofrace, gender, religious beliefs, sexual orientation, nationality, or disability." He said that a similar provision in Stanford's code was struck down the previous week. Professor Albert's concerns about the sufficiency ofthe current procedures for prosecutions under the code were relayed at the meeting; Dean Olsen suggested that there might be "possible problems" withthe procedure currently set forth in the code. SBARepresentative SareerFazili spoke next, relating the discussion that had occurred at last Monday' sSBA meeting, wheretheCode of Conduct was discussed. Fazili said that recent occurrences of"hateful conduct" demonstrated theneedfor some restrictions in the code. He emphasized thatrestrictions were required to help reduce the spread of the hate messages that havebeen appearing on classroom desks and in students' mailboxes. Broadbent, who was allowed to speak by unanimous faculty consent, spbke at length about theproblems he saw in the currentcode's language. After echoing ProfessorSteinfel d' s concerns about the duty to report violations, which he said would lead to "a police state atmosphere," Broadbent told thefaculty that he had spoken to a number of students, especially first-years, whohad expressed concern overparti cularprovisionswhichhesaid"raised First Amendment concerns." Broadbent said that a numberof first-years had wonderedwhat the Code of Conduct was allabout and what it meant to them. Broadbent took issue withthree particularcode provisions: Chapter 3, Sections 7(d), (e)(4) and (e)(5). He said that the vague languageof thesectionscouldbeused to penalize students for exercising theirFirstAmendment rights. Along withsuggesting drafting changes, he said that provisions in other university codes similar to (e)(4) and(eXs) hadbeenheld unconstitutional. He suggested that a public independent laboratorysurveyed asO'Brianin December, 1993and Jan- Several ceiling tilesare missing on thefourth floor ofthelaw library, but safety officials say there is no asbestos exposed. vary, 1994. According to thelaboratory report, there were no areas that required prompt action. "Is there asbestos in the building? Yes thereis," saidßorzynski. "Do Ireally feel that people arebeing exposed to quantities that are detrimental to their health? No,I don't." However, experts disagree on theasbestos exposure level that will cause biological effects. The safe occupational exposure level hasbeenloweredrepeatedly and significantly over thelast45 years, and someexperts believe that breathing in even one fiber will have an adverse effect. Recent asbestos samples willbe one of the topics of an informationsession to be held in O'Brian Hall sometime in April. This sessionwill also focus onbudgeting considerations, the future directionofasbestos control in O'Brian, andchanges inthe Operationsand MaintenancePlan that governs asbestos control on campus. EnvironmentalHealth and Safetyhas not yet set an exact date, time, and place for the meeting. continuedfrom page 1 forum beheld to allow students to have input into the code. However, Dean Boyer replied that theissue was moreproperly handledby the studentswhohave Hs in more than 50 percent of their classes. A suggestion was made to SBA. ors. Professor Binder said thatLatin honors should be determinedby the basis of "grades Finally, Broadbent expressed concern over current provisions whichcouldadversely affect students' bar admission. According to the code, if the Associate Dean, afterinvestigation, finds thatthereis no probable cause to proceed, the matter will be dropped but students may still be required to explain the charge to bar admissionauthorities. He suggested that any finding of no probable cause shouldbe expunged from thestudent's record and thatit wouldbe unfair torequire thestudent to explain such a dismissedcharge, "especially if it'saresult of theexerciseofFirst Amendment rights." After further discussion, Dean Boyer announced thatthefacultywas going to be polled to determinetheirpositions ontheissues which have been raised in order to properly address theirconcerns and decide how toproceed. He added thathe hoped the code couldbe implemented by next fall. Also discussed during the meeting was how therecently revised grading systemmight be adversely affecting thedistribution ofLatin honors grades to graduating students. The current system awards the honors to those consider Q+ grades in determiningLatin hondemonstratingoutstandingwork" (Hs). CDO Director Audrey Koscielniak agreed that the current system shouldbe continued. The faculty also discussed the growing problem oflaw students having theirfinancial aid being cut off due to the differences between the law school's and the university's class schedule. Dean Olsen said the problem was "significant"and suggested allowing students to add classes at the endof the semester, during exams, in order to ensure students are registeredfull-time to prevent theiraidfrom being cut off. He said that, while the suggestion wouldmean courses requiring the instructor's permission would need to be taken care of before the end of the year, the alternative wouldcontinue to hurt studentsby disrupting theirfinancial aid. Thesuggestion wasagreed to by the members in attendance with the provisos that students could still add at the beginning of next semester and that exceptions wouldneed to be made for transfer students as well as those cross-registering from other departments. Rally at City Hall Several studentsprotested theSUNYbudget cutsTuesday, March28 inNiagara Square in frontofCity Hall. �4 EDITORIAL THE OPINION ijki i Volume No. n 13 35. \; Founded 1949 Evan C. Baranoff Editor-in-Chief . ... April 3, 1995 ,___ April 3, 1995 Peter G.Zummo ManagingEditor EDITORIAL: A few suggestions for next year's SBA Now that a new SBA Executive Board has been elected, we thought we might offer some suggestions for next year. With the implementation of the New Curriculum set for next year, the SBA must take the initiative in seeking out students'reactions and concerns to the new program. Also, since the New Curriculum will provide the opportunity for more specialized courses, studentsshould actively suggest classes they would want to see offered; the SBA could take the lead in seeking student input in this regard. The SBA representatives shouldn't wait for an invitation from the Len administration; as the designated student advocates, they must ensure that by theadministration hears what the students have to say. The next significant issue is next year's commencement. Students must be kept informed and involved. The decisions with regard to commencement are not ones thatshould bemade without student input and serious reflection. Students should be asked about possible locations or speakersright away so there's no excuse for ignoring them. Furthermore, thereis no excuse for charging seniors to attend their own graduation even if itis only $1. This brings us to our last subject: fiscal responsibility. To theEditor: The SBA must commit themselves to a course offiscal responsibility. Michael Grainger wrote a letter to this This year, the lecture line wentvirtually untouched through February paper on February 22 "humbly" asking the with money allocated but languishingin the accounts. If groups do not use Bring Back theLions Committee to stopposttheir lecture funds, they should lose them, and the funds reallocated to ing flyers which Mike says "mock Jesus." Earth to Michael: theflyers don't mock Jesus, groups thatneed them. This could be doneat a mid-yearbudget review in boy! They mock right wing fundamentalist January. Christians, so if the shoe fits you, Michael, SBA reserve funds dipped below the safety mark for non-profit wear it, and don't cop a plea on poor Jesus. The Committee, Goddess Bless'em, are organizations. This should not happen again. Fiscal responsibility is an obviously among your many classmates at the ongoing process, not something that you can switch on and off. law school who are heartily sick ofright wing And just one more concern. We could not write an Editorial with culturewarriors whoinundate the country and suggestions for the SBA without mentioning boozefests. While social O'Brian Hall withtheir saccharin, simplistic activities are important, we feel that the SBA should not become obsessed religious views, while at the same time promoting nakedly callous and materialistic polwith the party life ofthe students. The SBA has to achieve the right balance itics. ofacademic concerns withsocial events, with the social agenda taking the Since Jesus said it wouldbe easier for a minority of both the SBA's time and funds. camel to pass through theeyeofa needlethan We congratulatethe winnersand wish them the best of luck in what can for a rich man to pass into Heaven, would you be a rewarding, but frustrating experience. mind telling Pat Robertson to get with the Opanshuk Graphic Ovinion Mailbox Lions Committee mocking right-wing fundamentalists, not Jesus — program? You'll find him at the top of his STAFF Business Manager: LisaC.Nasiak Production Manager Peter W. Beadle News Editor: JosephL. Braodbent Features Editor: Sam Chi Photography Editor: John W. Gasper Art Di rector: LenOpanashuk Assistant editors-.News.John Fcdcricc; Editorial: David ZammieWo; Features:Flora Chan and Mike Chase; Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. Beat reporters: SBA:Steven Dictz; CDO: Danicla Almeida-Quigg; Alumni: Shelley Chao; Computerconsultant: PeterBeadle Subriizia|Lulhuie for Old Staff: TVub, II ibccn (un! Destabilizing: AppdUlebriefsiiidblowiideadliles The Opinion isamm-profit. independent.student-ownedand runpublicationfundedby theSBA fromstudentlawfees. The Opinion. SUN VAtBuffalo Amhcrst Campus, 724 John I>ord()'Bnan I lall,Buffalo, New York 14260(716)645-2147. twowcck.sduringlhclallaridSnnnuscmc.stcrs ItisthcsludentnewspancrofUieSlalcUnivcrsily The Opinion is ofNewYorkatßuffalo SchoolofI.awCopyright l'-WS by TheOnjnion,SI) A Anyrcpniductkin of materialsherein is strictlyprohibited withoutthe exprcssounscntofthelidibirs. Suhmissiondcadlincsforletters to Ihccditorand Perspectivesarc 5 p. m.on the l;ridayprcccdingpuhlication.Advertisingdeadlines arc6p m on the Fridaypreceding publication Suhmi-ssionsmay eitherhe sent loihcOpinionat thcahovcnotedaddress, dnippedoffuiidcr The Opinion officedoorfrourn 724 o'BrianHalite*placed inBox #10or#280on the third fhxirofO'Brian Ilall. All c< >py must be- typed, doublcd-spaccd,and submitted on pMpcrandonauanputcrdi.sk(IBM-WordPerfect; [ottersare bestwhenwritten asapart ofa dialogueand must benomorc than twopages double-spaced. Pcrspccti ve\sarc generally opinion articles c< mccming lopicsol intcrusltothc lawsch(x>lcommunityand mustbenomore thanfourrngcsdduhle-spaccd I neOpinii in reads and appreciates everyletlerand Perspective wereceive: wereserve ihcnghl toedit any We will return and all suhmissKlas furspaceasnecessarvandaLv>f< if libeloqsaintent yourdisks to yourcampusmailbox t* loapnvatemailbiix if a self-addressedstampedenvelopeis provided. TheOnjniori isdedicatcdloprovidcaforumfiirthe Iree exchange of ideas Asaresult, theviews expressed inuusnewspapcrarc n<itneces.'.arilyth(iseoflhel-dit<rsi»Staff<in>)eOria!<in "Congressshallmake no 1aw....abridging thefreedom ofspeech, orofth c press;.. ." --TheFirst Amendment multimillion dollar corporations and "Christian" marketing schemes, wearing his $600 suits. Charitable works suchas sendingBibles to Chinaand making"angel trees" for the poor at Christmas timedo not Compensate society for the damage done by bags of "Christian" shekels which finance the disgusting, meanspirited, and destructivesmashand grabpolitics of demagogues like Gingrich and Pataki. Does it never reach your consciousness howalien Jesuswould find this brandof just Christo-fascism? Jesus toldpeople to abandon everything they owned and follow him as an itinerant preacher. He didnothobnob with the mighty and powerful, nor kingmake from the funds donated by his followers; rather, he chased the moneychangers from the temple and consorted with prostitutes and other outcasts. Jesus never triedto force his religion or values on his neighbors through the political process, but toldpeopleto"renderunto Caesar thatwhichis Caesar's, and to God the things that are God's." Come to thinkof it, itis not unusual for people of a certain demographic profile (straight whitemales) to confuse themselves and their economic desires with God. Just thinkofall the women burnedalive and property seized during theDark Ages and even the eventsin Salem. Remember the genocide and destructionofGod's creationwhich accompaniedthe European invasionofNorthandSouth America? The Biblical justifications of sla- very? Recently I confronted several apparently straight white males of the Christian right when they were ripping down the flyers that poked fun at themandtheir culture war. They claimed that Dean Black told them that the flyers violated the University's hate speech policy and thatpeople couldcontinue to post them "if they wanted to get expelled." A quick check withDeanBlack yielded a complete denial. Michael, to put it in terms you would understand: the poor, the female, the nonwhite, and the gay students who want your quasi-religiouspolitical movement outof our civic life urge you to "go, and sin no more." KristineO'Grady, 1L I The Opinion thanks thestudent bodyfor their support. I Next Issue is our last: April 12; submissions dueApril 7. Correction: • In correction of the March 8 article, "Law student involved in brouhaha," it was incorrectly reported that witnesses said Nemeroffattempted to throw a garbage can at the other student. In fact, it was theother student, Shorte, whodid so. Clarification: • In clarification of the March 8 article, "Law student involved in brouhaha," David NemeroFf, 3L, disputed the reports of witnesses that said he "utteredracial epithets" and "beat up" theother student, Nemeroff saidhe did not"beat up" the otherstudent, but merely threw him to the ground inself-defense. Nemeroff also said itwasacup ofsoda thathetbrew at theother studentand not a can of soda. �April 3, 1995 OP/ED 5 THE OPINION Perspectives By Craig Hurley-Leslie A new resource for UB Law students quietly came on-line duringSpring Break. UB Law School now hasits ownon-1me newsgroup. A newsgroup is an on-line discussion area wherepeople canpost andreadmessages from other subscribers to the group. The UB Law newsgroup was created to help bring the UB Law community closer together. Students can post announcements of groupactivities, questions about classes and readings, answers to questions posed by others, and discussions of any subject relevant to the study oflaw here at ÜB. To use the newsgroup, you will need a computer account from UB ComputingServices. An account is free, justtakeyour ID toRoom 2150f the Computing Centerandaskfor a Vax or Unix account, or both. (I recommend a Unix account). While you are at the Computing Center, pick up copies of the starter guides written to accompany your account, a copy of the guide for thenewsreaderfor your account, and a copy ofa guide for an editor you can use on your account (i.e. Emacs). The consultant who issues you an account can also help you pick the right guides, but here is a quicktip Vax guides are yellow and Unix guides are the philosophy behind the group and includes informationthat new users may find helpful.) Vax Users The program I recommendfor Vax users is called News. To start News, simply type News at the Vax commandprompt ($). This will start the newsreader and create a file on your account to keep track of the articles you haveread. When you run Newsfor thefirsttime you will also be automatically subscribed to several newsgroups that are helpful for new users. Thenames ofthesegroups will be listed and News will tell you how many articles are in each. This list can be considered your reading list. Toadd a newsgroup to yourreading list, sub (for subscribe) followedby the name type ofthegroup(i.e.subsunyab.law.academics). If you start reading a group and find you no longer want to read articles in that group, type unsub (for unsubscribe) while in the group to remove it from yourreading list. To read articles in a specific groupfrom the list, use theg(for go) command, followed by the name ofthenewsgroup you wish to read. After you go to the group you can hit the <enter> or <return> key tobeginreading the pink. articles in the group. You can theneitherread Onceyou have an account, you need tolog all the articles in the group from beginning to into your account and run a program called a end, or youcan usethe n command(for next) to newsreader to access the articles in the skip the rest of the article which you are newsgroup. The commands for two currentlyreading. newsreaders, one forVax users and one forUnix Replying to an article orpostingyour own users, are outlinedbelow. (After you get into iseasywithNews.lfyouwanttopostafollowthesunyab.law.academics newsgroup, besure up message for all members of the group to to read the Frequently Asked Questions (FAQ) read, typer/POST. If youwantto sendEmail listthatis posted in thegroup.The Fagexplains to the original poster, type r /MAIL. Finally, - AAnaoufuocitrghlmea:ws.yab. cademics to post a new and n command (foT next) to skip the rest of the article which you are currently reading. Replying to an article is easy with trn. If you want to post a follow-up message for all membersof the groupto read, type ffor followup. If you want to send email to the original poster, type r for reply. Posting a new and originalmessage on an unrelated topic is a little different for Unix Unix users users. You will need to exit trn and run a The program I recommendfor Unix users program called Pnews. Type Pnews at the is called trn. Before starting trn you will need Unix commandprompt to create your message. Pnews will ask you some questions, including to type SETTERM=VTIOO at the Unix command prompt (>). To start trn, type trn (in what editor you wish to use to compose your lowercase letters)at the Unix commandprompt. message. (Information on using editors, which This will start the newsreaderand create a file are similar to word processors, isavailable in on youraccount to keep trackofthearticles you theComputingCenter whereyoureceived your haveread. When you run trn for thefirst time account). Once you complete your message it you will also be automatically subscribed to will be sent to the newsgroup. several newsgroups that are helpful for new When you are ready to leave trn, simply users. The names of these groups will be listed type q for quit at each prompt until you are foryou. This list can be consideredy ourreading returned to the Unix commandprompt. Where to go for help list. To add a newsgroup to your reading list, first The place you should look is in the typeg(forgo)followedbythenameofthegroup materialsavailable from the Computing Cen(i.e. g sunyab.law.academics). If you start ter. These documents go into greater detail reading a group andfind you no longer want to than is possible here andcover many functions read articles in thatgroup, type unsubscribe or not mentionedhere. Many ofthesedocuments v while withinthegroup to remove itfrom your are alsoavailable in the green binder in thelaw school computer lab. If you have a question reading list. To readarticles in a specific group from which is notanswered by thesedocumentsfeel the list, use the g commandagain, followedby free tocall the Computing Center Help Desk at the name of the group (i.e. g 645-3542. Learning to use a newsgroup may seem news.announce.newusers). After you go to the groupyou canhit the <enter> or <return> daunting at first, but it can open a whole new key to begin reading thearticles in the group. world ofdiscussionand interactionwithother You can then eitherread all the articles in the law students here at ÜB. More importantly, group from beginning to end, or you canuse the once you know theropes it can be a lot offun. original message on an unrelated topic, type post. News will then start an editorsession for you so you can enter your message. Hitboth the <Ctrl> key and theletter Z to exit the editorand send your message. When you are ready to leave News, simply type exit at theNews>prompt and you will be returned to the Vax commandprompt. Opinion Mailbox In response to Grabowski's letter I read with sympathy Mr. Grabowski's letter to the Opinion (3/8/95) regarding the 'stuffing'of mailboxesand thepostingofsigns throughout the law school. Most of us would agree that these practices result in an egregious waste of resources and can also be aes- thetically displeasing. However, imposing harsh (or indeed unrealistic and unworkable) restrictions on theseforms ofspeechshouldbe a solutionabhorrent to studentsoflaw. Instead we shouldwork togetherto findsolutionswhich promote the communication of information and ideas while reducing environmentaland visual clutter. I believe thatposters andmessages stuffed boxes in by fellow students are the signs of a thriving intellectual community. (I will not attempt to address advertisements within the scope of this letter, leaving individuals to judge these materials for themselves.) The problem is not the messages themselves but the side-effects they create. The ideal solution to these side-effects would be to find a means of facilitating and encouraging the communication of informationand ideas within ourschool whilereducing paper and copying waste/expenses andvisual clutter. This solution would not require the expenditure offunds by groups toplace bulletin boards in the law school, and wouldlikewise eliminate theneed for the staples, push-pins, and tape whichleave theirtraces on our walls. This seemingly perfect solution already exists. TheLaw AndTechnology Issues Society has worked to establish a computer newsgroup for the use of the students and faculty of our law school. This electronic newsgroup allows theposting of information, announcements, and messages to anyone who subscribes to the newsgroup. Messages are sent instantaneously to all readers withoutthe costs (monetary and aesthetic) traditionally associated withpaper-based communications. Tell us your The onlyrequirement to access thenewsgroup is a computing account from UB computing services, whichisfree aspart ofthetuitionwe pay to attend UBLaw. Instead of asking for others to impose restrictions on posting and 'stuffing' ofmailboxes, each of us shouldtakepersonal responsibility for our contributions to these activities. If we are not posting or 'stuffing' we should encourage others who are to change their methods.Talk to theBar Review representatives and personally express your displeasure, or talk to theadministrative offices which distributecopies of theirpublications to every mailbox on a weekly or bi-weekly basis. Above all encourage theuseofalternative methodsofcommunicationincluding the use of on-line resources. This type of peeraccountability is more appropriate thanwrittenpolicies andrestrictions whichimpede the freeflow ofinformation withinourlaw school. Individuals canalso take concrete steps to make the use of on-line resources more attractive to thosewho currentlypost or' stuff' mailboxes. Each of usshould: opinion! Ifyou have an opinion on anything published in our newspaper or on any current events topic thatconcerns thelaw school community, write The Opinion. All submissions are duethe Friday beforewepublish. Yoursubmission must betyped, doubled-spaced, and submitted on paperand ona computer disk (IBMWordPerfect5.1 format). The Opinion reserves the right to editany and all submissions for space as necessary and also for libelous content; we will not publish any unsigned sub- missions. Sendyoursubmissions to The Opinion office or place them in box 640. I ■ 1. Geta computer account ontheUB Vax or Unix system. 2. Learn to use E-mail. 3. Learntouse newsgroups andsubscribe to the sunyab.law.academics newsgroup. 4. Contribute informationto beplacedon the student administered portions of the UB Law School Gopherspace. Taking these steps will not only help encourage others tostop wastingresources, it will makeeachofus betterable to participate in thedevelopingInformation Age. Nowis the timeto become familiar withthe technology that is driving the InformationRevolution.To refuse to make theeffort is to risk being left behindand left out of thevital debateson how we should use these technologies. Insteadof merely writing letters bemoaning thecurrent situation, I invite Mr. Grabowski to participate in concrete efforts to fashion solutions... ■ I f!. i> .1 . til I'l llwl %%i\t i1111 l\i\ l I klllll ... Craig Hurley-Leslie, 1L chl@acsu.buffalo.edu '' vv.'.' i reporters are i needed tor next .■" �NEWS April 3, 1995 6 BRIEFS UB Law to honor alumni The law school will honor fivealumni and Representative John J. LaFalce at theUBLaw Alumni Association's 33rd annual meeting and iwards dinner May 3 at the Hyatt Regency. Receiving awards will be the Honorable Joseph P. McCarthy, '61, who has been an Erie County Court judgesince 1977 and has lectured atthelaw school since 1975; John H. Stenger,'sB, former U.S. Attorney and special assistant to the New YorkAttorney General whois currently a senior partner of Stenger & Finnerty; Thomas Maligno, '77, past recipient of the New York State Pro Bono Award whois the current executive director of the Nassau/Suffolk Law Services Committee, Inc.; Anthony J. Colucci, Jr., '58, former president of the New York StateCivil Service Association and the UBAlumni Association; and Diane J. McMahon,' 78, who currently serves as general managerand executive vice-president at Stovroff and Herman Realtors. The Association will also honor Congressman John J. LaFalce ''for being a forceful and effective advocate of the UB law school." Tickets will cost $35 per person for graduates of 1990or laterand $50 foreveryone else. Forfurther information, contact Ilene Fleischmann at 645-2107. BPILP announces summer internships The Buffalo Public Interest Project recently announced the six 1995 summer internshiprecipients. Receiving internships were: MarthaEhman(Belgrade Women's Rights/Human Rights), Matthew Fischer (Lawyer's Committee for Civil Rights Under Law), Julia Hall (Women's Law Center, Inc.), Leslie Piatt (Texas Rural Legal Aid, Advocates for Basic Legal Equality), Charlene Tarver(Covenant House, LegalServices Office), and Scan Shannon (Westchester/Putnam Legal Services). Each intern will receive a totalof $2,000 for his or her 10-weeks ofwork. BPILP Director Helen Pundurs said, "while there may be less internsthis year, we'restillhereandstill veryproud of theworkprovided by the interns." Polish law students to visit UB The second halfof UB Law's exchange program with students from Jagiellonian Law School will take place from April 2-11 as 10 Polish law students visitWestern New York. Thefirst halfofthe program tookplace lastfall when 10UB Law students, along withlaw professors IsabelMarcus and Virginia Leary, visitedKrakow, Poland, where they attendedlecturesandreadings and addressed the topic of discrimination against various groups. Since then, participants havekept in touch via E-mail. The joint exchange program is a pilot project for a proposed 10-year exchange program to coincide withtheUN'sDeacadefor Human Rights Education andTolerance. Blood drive turnout disappointing Last Monday's law school blood drive, which took place in the StudentUnion'sSocial Hall, was "disappointing," according to Katie Lee, IL. Lee, who oversaw thedrive onbehalfof Phi AlphaDelta,reported that only 43people showed up, seven short of the drive's goal. She attributedthelow turnout to thedrive not being held inthe law school, thebrief timeavailable for advertising thedrive and studentmisunderstanding about what's involved with giving blood. Another reason students didn'tturn out in large numbers was general reluctance to get stuck with needles. Lee said that less than halfofthe students who showed up were law students and, to herknowledge, none were faculty members. "If this is a public interest law school," she said, "it wasn't exemplified by the blood drive turnout." However, shedid say she was "thankful for thosewho didshow up" andadded that, as oneRed Cross representative told her, "43people is better than none." She toldone story about a second-year student whogavebloodfor the first time and overcame herreluctance to find thatthe procedure was "easy." Lee added that, next year, she hopes to be able to use SBA funds to establishsome sort of reward forthe class that gives the most blood, which she feels will increase turnout. She wouldalso like to have the location returned to the law school, but added that was "unlikely." "Studentshave to realize that there's always a blood shortage and always a needforblood. Donations are how theRed Cross gets itsblood supply," Lee said. "Quote" of the Week "Cuts are never fun, but to have a cut this late in the year is double jeopardy." --Dean Marlene Cook, warning that further cuts could be devastating to UBLaw. THE OPINION SabresV.P. discusses NHL strike by Mike Chase, Asst. FeaturesEditor Gerry Meehan, executive vice president of Sports Operations for theBuffalo Sabres, spoke to lawstudents about his career in sports law and delivered some of the inside scoop about the hockey strike, the Sabres andprofessional sports in gen- pect. Itmakes no sense anyway. It's founded ona principle that was based on a really pastoral outlook onwhat business was likein the 19205. [The exemption] is themain thing thatis keeping thebaseball strike frombe- ing resolved." eral. "My experience withsports and the law as a player, a broadcaster, a lawyer, anda managerhas probably given me the opportunity to experience just about everything a sports lawyer might expect to experience, things they hope never to experience but have to anyway, and some things that are truly enjoyable," said Gerry Meehan, Sabres vicepresident Meehan's viewof thefutureof professional sports as a whole was notsobnght. "Thelaborproblemsin professional sports will never go Meehan. away. It hasbecome so confrontaAbout 35 students packed into tional, with each side at opposite thefifth-floorlounge in O'BrianHall endsofthe spectrum, there's going to to attend theMarch 22 lecture, which a battle on every issue." was sponsored by theBuffaloEnterHow did the hockey strike fitainment and Sports Law Society. nally end? "What really happened The speech was also made possible was that the Players' Association by a grant from Sub-BoardI. Meehan traded offsome otherrights to avoid was veryhappy to open the floor to all a salary cap or a revenue-sharing tax kinds of questionsregarding thepracwhich would lower salaries. They ticeof sports law,being an agent, and gave in on a rookie cap. There's a even specific questions about trades restriction on thearbitration program aroundthe NationalHockey League. so that arbitrators can only make MostofMeehan's lifehas cencomparisons between players that tered on hockey. He started his caare clearly comparable. Mostly, the reer playing professional hockey for deal was resolved because the own14 years. "I finished my career in ers were convinced that if they held 1979 and came to the law school on to the tax proposal, the lockout here. Igraduatedinl9B2andgotajob never wouldhaveended." withtheBuffalo law firm thatrepreWhile thereis a collectivebarsents theSabres. Meanwhile, I took gaining agreement in place in the a jobas a color analyst for the team NHL, Meehan sees big fights beanddid about 40 to 50 gamesa year." tween the playersand owners on the In 1984,he took a position with horizon. theSabres as Assistant GeneralMan"The hockey strikeis over, but ager and Corporate Secretary. He there are a lot of little issues that movedup to General Manager two haven'tbeenresolvedyet. ThePlayears later and held that spot until yers' Association is using this as an 1993. His current position will be opportunity to fight even harder on terminatedin January 1996. these unresolvedissues. I don't see Meehan discussed the init getting any better. I just see it creasedrole ofgovernment andcourts continuing tobe a battle groundfor a in sports law, as well as the great very long time." needfor lawyers in the field. Switching gearsto profession"The area of sports is far more al baseball, Meehan sees much more thana team, a player, and the lawyer foreach. There are tremendous opportunities in sports as it grows in the future and I think all ofyou should look at these opportunities." government involvementdue to the sport's billions in revenues. "The antitrust exemption [that theFederal Government allows for Major League Baseball] is becoming sus- Meehan sees the rise of free agency, the use ofsalary caps andthe lack of revenue sharing in professional sports as developments that will reduce the competitiveness of sports. "Most teams will remain at about .500, but thentherewill be one or two teams who spend so much money because they want to win like the San Francisco 49ers didlast year and the Rangers didinhockey. Butif a team doesn' torcan't spend all that money, there's really no use for them to spendany at all." Meehan finished up withsome practical advice for futuresports lawyers. "The most important role of an agent is to convince the player that there's life after professional sports. There's a great deal of tax planning and investment management that needs tobe done. Sports lawyers are just like lawyers in any other context. Youneed to be an advocate for your client and look out for your client's best interests." The speaker also mentioned thattheNHL was thinking ofstarting a summer internshipprogram to generate interest inworking forthe owners. "They'reupsetthatalltheyoung, brainy lawyers are going to the Players' Association. There's a trend now towards hiring trainedprofessionals in the NHL instead of explayers. I urge you to contact the NHL to see what kind ofexperience you can get." Reaction to Meehan's presentation was general delight. David Fitch, IL, said"he was an excellent speaker. His insight was very real and honest. Everyone enjoyed him tremendously." Entertainmentand SportsLaw Society Treasurer Lynn Wolfgang added"thisis thebest functionwe've had so far. Great turnout, lots of positive feedback, andhehad so many angles on sports law ~ as a player, a lawyer, and an administrator." SBA recognizes Pagan Law Society by Sam Chi, Features Editor At its March 27 meeting, the Student Bar Association voted 11-2-3 to recognize the Pagan Law Society and funded them $200. The debate overPLS's recognition, which at times grew veryheated, revolved around comparisions between the PLS and the Christian Legal Society. Atleast one SBA class director noted that the PLS was formed in reaction to the SBA's recognition of the CLS last fall. Other directors notedthatthe PLS shouldbe recognized because the CLS was recognized. The PLS, which has approximately 30 supporters, is a group devoted to "exploringtheways inwhich pagan culture andspirituality inter- votedagainst the recogniton of the act withthe law," saidgroup contact group because he is against recogperson Martha Ehrman, IL. nizing religious groups because "it SBAPresident Ben Dwyer adcan be sometimes divisive." He vised thatthereshouldbe "a general saidthathealso voted againstrecogwanting" torecognize a group. "It's nizing the CLS. an objective standard, notwhatother ChristineO'Grady, lL,amemgroups have been funded," he said. ber of the group, said that the group First-Year Class Director Tom Trbovich and Second-Year Class Director Sandy Fazili pointed out that the SBA was bound by law to recognize the PLS. First-Year Class Director Gil Michel-Garcia said that he opposed the group's recognition. "I disagree with[this group's]reationary formation to the CLS." "But," he added, "it is a useful way to bring criticism." Garcia explained that he SBA election results, continuedfrompage 1 that, "I want to help out the best I can. I want to make sure things go smoothly and thattheSBA addresses the issues fairly." Like Hamboussi, Thompson saidhe was glad he had competition, that it "made it more interesting." He explained thathehad wanted to run at the start of the race, but his Research and Writing workload pre- vented him from doing so. After he talked to friendsand classmates, he reconsidered and entered the race. Thompson said he "didn't want to stuff boxes" withflyers and didn't have time to do everything he wanted to during the campaign. The newly elected executive officers will officially take officeon Mayl. "was not a reactionary element, but a women's religious group." O'Grady noted that the religion is well established locally. SBA members locked horns about howmuch to fund the group. "We shouldfundthemas much as we funded the CLS," said third-year class director Nancy Stroud. But in the end, budget pressures influenced the SBA to keep the funding level at the minimum$200. Erik Larson, 3L, who is vice president of the CLS, said"Wedon' t oppose theirbeing recognized as long as they meet the requirements other groupshaveto. They have to theright to express their views." "From what I've heard it was formedinresponsetoourgroup. They disapprove of our organization," Larsonsaid. "Butlthinkitmayhave beenformed partly to test the SBA, to see if they recognized us but denied them." �April 3,1995 FEATURES 7 THE OPINION On the job! The Career Development Office studies the careerpaths of class of '94 law graduates By DanielaAlmeida-Quigg, Reporter 1 The Career Development Office hasbeen keeping upto date onÜB' smost recent graduatingclass, theclass of1994, andtheirjob search. AudreyKoscielniak, director of the CDO, has been steadily compiling all the data, and while she says they are not quite done, they have a pretty good ideaofthe class of'94s legal lifestyle. The CDO study focuses on people who havejobs or are obtaining advanced degrees, whichcomprises about 85 percent ofthe class. "Almost 15 percent of the class have [passed the] bar and are actively seeking work," says Koscielniak. She says the reason there appears to be such a large number of people looking for work is that most students passed thebar. There is also a small groupofstudentsthat hasn't taken the bar, didn't pass or is not presently seeking work. Anotherfactor to takeinto consideration is that some of the graduates who are workinghave not passed the bar. "A few employers will hire the students before they have bar passage, and that is not reflected in the statistics," Koscielniak said. JobClassification The CDO studyclassified the graduates'work byprivatepractice, business andindustry,publicinterest, government, judicial clerkships, military and academic. Private practice continues to be the predominant market with51 percent ofthe graduates in that area. "Whilethis is the largest practice area," explains Koscielniak, "this is probably the low- est private practice percentage in a few years. Normally thenumbers are closer to 55 to 58 percent." Business and industry is the second-leading job preference with 14.5 percent. While Buffalo students seem to focus theirenergy on public interest law related classes and clubs, only 6 percent ofthestudentshave goneinto traditional "public interest" work. Koscielniak affirms that this group percentage has never gone higher than lOpercent. "But, it really depends on how you define Beadle 'public interest,'" Koscielniak clarified. "Public interest in this study is a verynarrow area. I wouldalso consider government-related work to be in the by public interest and that is another 11 percent of the class bringing it up to 17 Pet r Graph percent of theclass that is in essentially the public interest field." The lesspopular areas are the military with 1.6 percent and judicial clerkships with 6 percent. "These are verytypical numbers,"Koscielniak said. The area that has grown most significantly is the academic arena with 9.1 percent. "These are students who are pursuingadvancedlawstudy, oradvanced non-law study,finishing offtheirMBA's or PhD's," Koscielniak said. percent respectively. Nationally, the GeographicallyLocated A full 41 percent ofthe 1994graduates have opted to remain in Buffalo. Salary The only big news is theincrease in salaries at very small firms. "For many years, ithas beensort oflocked at$25,000 for first-year associates," says Koscielniak. She says shehas startedto see salaries quickly moving up to the range of $26,000 to $30,000. Koscielniak said that this is a little higher than other years. "We just can't get them to shuffle out ofBuffalo," she joked. Rochesterand New York City are the next two choices with 10 and 11 Mid-Atlantic region (which includes NewYork state) is the easy favorite with 81.7 percent of the class claiming it as their home. "Our students aren't all so close to home, however," Koscielniak says. Several graduates have settled in Alaska, Washingtonand Montana. Two graduates arealso workingabroad; one is teaching English inKorea, and theother is with an internationallaw firm inSaiPan, a small island in the South Pacific. .. . Koscielniak wants all current students to be aware that the job search this summer will be a little different than past years, so itis importantforall firstand second-years to make sure they are on the summer mailing list and "on the ball." Among the changes, withclasses starting Sept. 11, the interviewing process will be different than this year. "The late start in the academic year requires us to do the off-campus interview program before school starts on Sept. 7. There is also a minorityjob fair that is scheduledforSept. 8,"Koscielniak warns. She expressed concernedabout students relying on receiving summer CDO newsletters through bulk mail, warning that summer mailings are essential to findingjobs. Sheaddedthatit's worth i ttopay the extra money to receive them first-class. OJ. TrialRoundtable Discussion, part 2 O.J. Trial: Lawyers and law professors analyze witnesses byJosephßroadbent, NewsEditor Thisweek, thefour membersof our roundtable (now with Paul Birzon) addressed the testimony of two key witnesses. Issue #1: Rosa Lopez After spending two days examining Rosa Lopez to determine if she was, in fact, planning to leave the country, Rosa Lopez testified on videotape, although hertestimony cannot be shown to thejury until the defense puts on its case. Dr. £wmgsaidLopez's testimony "wasn't as bad as some people thought. She's very easily confusedand upset and isn'tused to thatkindof setting." Ewing said Lopez "has problems withher testimony, butwecan'twriteheroff andsay the jury won't believe her." He added that "even ifthej ury doesn't believe her, thatdoesn't meanthey'll findOJ. guilty." Asked whether the defense will use the testimony in its case, Ewing said, "the defense will conduct acost-benefit analysis they may not gain anythingby using it, butwhat will it cost them? Idon't think it will cost them anything; she maintainedtheessential truthofher story, that she saw the Bronco." - EwingsaidtheaudiotapeofLopez's interviewwiththe defense'sprivate investigator "couldmake a strong case she was led on, but any tape of a police interrogation would yield the same thing." FEATURES Mr. Birzon regards Lopez as "a crediblewitness"and said that "thejury canrelate to and understandherbeing the focus of attention." He said that there was no seriousintrusion on hercredibility" and that"any inconsistencies in her testimony will beattributed to nervousness and media attention." Askedwhether the defense will use the videotaped testimony, he said, "I think they'll useit, depending on how therest oftheprosecu- tion's case goes," adding that he would use the testimony despite the problems withthe audiotaped interview. Prof. Carr saidLopez'stestimony "is going to bea problem for thedefense becauseldon'tthink she'sgoingtocome off as a very credible witness." The probl emsare "without regard to whether or not the defense can sell thejury onthe notionthatwhatappears to bea credibility gap is really a cultural misunderstanding." He saidher credibility came through as "weak", but that it might not be fair to judge her credibility by the same way Americanwitnesses arejudged. He said thedefense has "the added problem ofwhat happens if they decide to play the tape and the judge instructs thejury about thedefense'sfailureto turn over the audiotape." As far as whether the defense will use the testimony, he saidthat "ifthey don'thave to useit, they won't, but, if they feel pressed, andI think they'restaring to feel pressed, they will." Mr. Connors saidLopez "self destructed" on thestand. He said she "was touted by the defense as a lynchpin witness which may come back to haunt them." Connors said the prosecution "didn't establish she intentionally lied, buther ability to perceive and narrate are now suspect," adding that "Johnnie Cochranmay regret his emphasis during his opening on her role in the case." As far as whether the defense will use her testimony, hesaid, "Idon'tbelievethey'll use it because of her credibility problems. There were a number ofinconsistencies, but there was particular trouble when, onre-direct, shesaid 'no means I don't remember.'" Issue #2: MarkFuhrman After monthsof allegations thathe was a racist and that he planted the bloody glove, Mark Fuhrman tookthe stand and underwent nearly a week of cross-examinationby F. Lee Bailey. put back on the stand later, saying that called Fuhrman "a smooth "the defense got what they wanted out of Ewing who well. found witness" held up He him and hurt his credibility; there's no some ofhis testimony "incredible." "I need to bring him back." don'tfindhim credible," he said, adding Carr said he"didn't find him credthat "after watching his testimony, I'm iblebecause ofmuch ofmy background. not persuaded he didn'tplant the glove." My experience prosecuting police officers for years has left me with the belief, RegardingBailey's cross-examinaa of or wrong, that police officers will said he did job right tion, Ewing good do anythingfor whatthey think Fuhrman to himselfinto a frequently getting "paint are that be good corner" by saying could easily motives... These guys will do as he never met whatever they think in most cases they such that disproved Kathleen Bell or used theword 'nigger' can get away with." Nevertheless, he in 10 years. He said Bailey "poked said Fuhrman held up well "as far as our enough holes to dodamage to Fuhrman's expectations were concerned." Carr called Bailey's cross-examicredibility, despite the fact that he was nation thejudge'srulingon "disappointing" because it didn't unduly hamstrungby the scope of the allowablecross-examiget to some ofthe thingspeople hadbeen nation." However, even if Fuhrman expecting. "Because the prosecution planted the glove, "that doesn't mean knew what was coming, itdidalotofwork O.J. 's innocent; he could'vemerely wantpreparing himfor his time on the stand," ed to enhancehis ownrole in the case." and as aresult, "he didn'tcome off as the Finally, he believes the defense will retype ofcharacter we expected." Despite call Fuhrman afterBell and Max Cordoba that, he believes the defense can still testify for the defense. argue the likelihood that "evidence was Birzon said, "this is someone I planted" which he said "is still plausiwouldn't believe if he put his hand on a ble," although it will "need more than stackofBibles." He describedFuhrman abstract arguments." as a "professional witness who was as Connors said Fuhrman "kept his cold as a codfish (almost robot-like)." cool and his demeanor was flawless." According to Birzon, whathurtFuhrman's Whilehe wasn't"destroyedby bias, prejcredibility most ofall was his statement udice or inconsistencies, his credibility thathehadn'tused the word'nigger'in 10 may be hurt through later testimony." He criticized Bailey's cross-examyears, whichBirzon said was contrary to the "horrible reputation of the LAPD's ination, saying thatBailey hadled people attitude towards minorities. Once the to anticipate a "full-scale onslaught, jury knows he lied, it couldcontaminate which never materialized." He analothe rest of the testimony and give the gized cross-examinationto bull fighting, defense the opportunity to argue its thesaying that"you don'twaiveared flag in front of a bull without a sword behind it; ory that he planted the glove.'" Birzon saidFuhrman "didn'thold Bailey waivedhisred flag but didn'thave upwell atall, not so muchbecause of the a sword toback it up." Connors said"the cross-examination, but because of the jury knew i t was a prize fight and looked way he testified to a layperson, his to see who won. Fuhrman won." demeanormakes it impossible for him to Thelast installmentoftheO.J. Trial bebelieved." He doesn'tbelieve he'llbe Roundtable willappearin the nextissue. - �8 THE OPINION April 3,1995 More than 150 June 1994 Buffalo graduates took * BAR/BRI for the July 1994 New York Bar Exam. PASSED BAR/BRI 'The password at Buffalo Law School* � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-04-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 13 03.04.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/3/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5ea15fc5b8d19471072d69b4a2ddf726.pdf e2b0dfac07d9e23e3e4cbbc7a840aa7b PDF Text Text J Northwestern lawprofessor debatesconstitutional interpretation. Seepages. I I FEATURES OP\ED Public InterestLaw feature. See story on page 3. "Bringßack theLions Committee"stirs controversy. Seepage?. Bringing the issues to thestudents since 1949 THE OPINION Volume 35, No. 14 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW . April 12,1995 LGBLS plans commencement protest by DanielaAlmeida-Quigg, Reporter Attorney General Dennis Vacco. Vacco has Amidcontroversy, OUTLAW, formerly come underfire at UB Law because he elimknown as the Lesbian/Gay/Bisexual Law Stuinated sexual orientation from his office's dents, plans to protest this year's commenceanti-discrimiation policy. ment ceremony and will offer an "alternate Besides littering thewallsand stairways graduation ceremony" right outside the Fine withposters protesting the speech, OUTLAW stuffed flyers in student mailboxesthatadvoArts building at the same timeas commencement, according to OUTLAWVicePresident cated wearing a pink arm band, walking out when Vacco spoke,placing a queer rights flag Nancy Stroud. "This is not a boycott, but a protest," said at Vacco's feet, tabling for employment antiStroud,3L. "Therearegoingtobepeoplewho discriminationlegislation, and even boycottare boycotting the whole graduation, but the ing the ceremony all together. overall planned event is to protest Vacco's Stroud continued, "There will be a speech." planned separate graduation event. We're Commencement, whichis scheduled for calling it an 'alternate graduation ceremony.' May 13, features a keynote speech by NY Obviously we're not going to give ourselves degrees." Stroudexplained that there will be several other speakers at the alternate ceremony. The Empire StatePride Agenda, a state-wide gay andlesbi an group, has si gned onto cosponsortheevent. Among others, SheilaHealy, the ex-governor's liasion on gay and lesbian concerns, and Susie Bright, a writer, have been invited to attend. Student reaction, however, is mixed. Although some support the OUTLAW decision, others do not approve ofit. "I don't feel commencement is an appropriate place to be doing it," said Susan Fox, commencement's student speaker. "Protesting before or after is all right, but during the ceremony isn't thetime or place to doit." Fox, 3L, added that she had "no problem with wearing pink armbands or doing something that's non-disruptive" but doesn't want to see Commencement unduly disruptedby the protest. ButStroud and theotherOUTLAW members feel that their protest decision will not disrupt graduation. "This way wecan still feel good about graduatingand at the same time not hearDennis Vacco talk about what it's like to be a great lawyer." Stroud warned that the choices that were indicated on the pink sheet were very "watered down"responses to their SeeLGBLSPROTEST onpage 5 NYU Prof, speaks on Japan Dean expects no problem with i. : law school'sreaccreditation \hyShclltyChao, Rqutrur On March 30,NYU Law School Professor Frank Upham spoke before 30 UB L<aw students and faculty members about the cultural origins of the Japanese regulatory style and its impact on international trade rela■■,. 'S ■ ■■ill-lip Upham, who researched theregulatory policies of ihe United States.. Japan, and France,, focusedon his findingsabout Japan. He outlined tbe evolution of administrative policies in twoarea* relevant to trade latgesize department stores, and broadca&tifig. Using examples andanecdotes garnered from time that he spent m Japan, Upham explainedhow"businesswasdone " Historically, when a large .store wished to locate in a community aruongstsmallefrciallers.smatl merchants had the opportunity to buy theright not to have the big merchants come in. He explained that the burden has now basically shifted, so that the large store owners have to purchase thetight to openlarge stores. Upbam said that this ha* resulted in ma-vsivecklaysio - ihe opening ofl arge stores as well as possibl c V;. •'. ;.'■ Ci'*rrup!.<o<l. '■.* also Upham spoke about the arcaneprocedures required when a new radio or television channel was opened u> bids ftom local broadcasters. He didn't comment onwhether the Japaneseprocedures were better or worse than procedures in the U.S.. only that they were different. Upham notedthat changeshave occurred in the regulatory systems. He %M that they were partly the result of increased trade ties to America, and requests made k> Japanese government by the Bush administration for dearer anti-trastpohausandastricter adherence to Japan's own statutes governi og busi- by Evan Baranoff, SeniorEditor Dean Barry Boyer said the law school received high marks by the American Bar Association's accredidation site teamand that he does not expect any problems with thelaw school beingreaccredited. "There's not a serious question as to whether our accredidation is going to be yanked," he said. In March of 1994, the law school was inspected by six or seven law school deansand professors who spent about three days oncampus interviewing faculty and studentsand reviewing records. Every seventhyear, the ABA and theAssociation ofAmericanLaw Schools jointly review the academic program, as well as other areas, of each ABA-accredited law school. Thepurposeofaccredidationis to assure quality control and point out areas of concern, Boyer said. "The ABA wants to make sure law schools are meeting minimum standards and ness practices. In thebrief question and answer period that followedhis lecture, Upham agreed that the regulatory style in Japan is. insome ways, similartothat in other countries, tncludingthe United States. Upham also noted that"maverick" entrepreneurs are comparatively tare SeeJAPAN'onpage4 point out areas for improvement," he explained. Boyer described the site team's evaluation as being verypositive. He saidhe expects that the law school will formally be reaccredidated once he submits a report to the ABA explaining how the university plans to remedy the site team's criticisms. "Themembers ofthesite team were very supportive ofwhat we'retryingto do,"Boyer said. The site team's list ofpositives included UB Law's high quality of teaching and classroominteraction, the law faculty'sproductivity as scholars and their good national reputation, and the law school's improvements to its curriculum, Boyer said. Thesite team was also impressedwiththe significant support provided by UB Law alumni, Boyer said. Although Boyer said thereport was mostly positive, the site team offered some criticisms as well. SeeREACCREDITA TlONonpage4 Justice O'Connor discusses jury system at Canisius byJosephBroadbent, NewsEditor A crowd of over 250 packed into the Canisius College CulturalCenter to hear Supreme Court Justice Sandra Day O'Connor speak about the problems of the jury system and suggestions to improve its operation. O'Connor, thefirst femaleSupremeCourt Justice, prefaced her speech by saying that in all but two or threeofthejury trialsshe presided over as a Superior Court judge,she thought "the jury delivered an entirely appropriate ver- dict." Even so, she said that there are "serious problems with theway juries operate today," but she saidthatthe problems can be overcome through theworkandeffortof trial lawyers and judges. O'Connor said that jury composition is a problem thatis beingrepaired. Although blacks were consistently excluded from jury service prior to the Civil War and peremptory challenges were used to exclude blacks until recently, shesaidtheBatson decisionhas helped to fight racial discriminationinjury selection. She also said that only after women received theright to vote did they have "any hope of serving,"but that sex discriminationcontinued afterwards, evidenced by the fact that, in 1966,"three states stillexcluded women from jury service by statute." . She saidthat theproblem with jury selection is that jurors have to endure a seemingly i endless wait before being selected. She said ' BroadJbeonsteph Supreme CourtJusticeSandaDay O'Connor To fix the trial itself, she suggested that jurors be given "general instructions on the applicable lawbefore the trial begins" to help them to know what to look for during the course of the trial, be allowed to take notes, and be given a copy of the instructions before they deliberate. "nothing new." She suggested improvements in juryrooms andallowanceofnon-unanimous verdicts in criminal trials to reduce the length of time jury members must serve. As far as jury selection is concerned, O'Connor suggested limiting or eliminating peremptory challenges and changing current O'Connorfinishedher speechbypraising the jury system, but emphasizing that it still needs improvements to ensure that it operates as effectively as possible. O'Connor was appointed to theCourt by former President Ronald Reagan and unanimously confirmed by the Senate in 1981. thatithasbecome"awayforhighly-paidjury ( consultants to attempt to get a jury favorable by to their side."O'Connor sees problems with theway trials are conducted, notingthatj urors i aren't allowed to take notes and aren't allowed to read the instructions on the applicable law until after the trial is over. O'Connor said that people see jury service as a burden and that jurors "are treated more like sheep than like people." After detailing the problems, O'Connor offeredseveralsolutions, which she saidwere Phot legislation that exempts categories of people from jury servicebecause oftheir occupation. She also advocated the "one day, one trial" system, whereby prospective] urors are called to the court for one day; if they are chosen to serve, they serve for the trial's duration, but if they are not selected that day, they are discharged from service. �THE OPINION 2 April 12,1995 Pieper People Pass!!! /Come and see why everybody's switching over to Pieper!!! / / / i \ / / \ \\y)JJ J \ / ever met said i must take Pie Per t0 / pass the N\ Bar J I Afcfl n^ Sβ $% Don' tbe left out of the conversation!!! /You passed too? That's great!] 1 I couldn't have prepared any / better!!! I'm glad I I ~^"\ j^ / Every attorney I've \ \ I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \\ switched to Pieper!!! —— ( L_R V, J* \ >\ J V % I *] XH.--D Of course I passed! I took PIEPER. I couldn't have done it without them! / , Find out why everyone s talking about, and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �FEATURES April 12, 1995 THE OPINION 3 The State of the Public Interest Information andadvice for all law students who are turning topublic interest careers the typical private client case. Pro bono public representation also fosters good will." by Flora Chan, Assl. Features Editor States. As Susan Raridon discusses in her book, "The Practice of FEATURES ofthelegal proto a good in a meaningful and prestigious oc- fng It is easy to be disillusionedabout public interest work. Images of the N AACP fighting for equalprotection for African-Americans leads law students withoutprior experience in public interest work into believing that the work is glamorous. In "Seeking a Job for the Soul," by Arlene S. Hirsch, describes how important it is for students torecognize that public interest work involves limited resources on a daily basis. cupation." such odds, one wonders why many law students, some incurring debtswell over $60,000, are fightingfor public interest positions thatcouldpos sibly pay them a salary that is no mor than a breakfast at Denny's. Of course there are the Skadden and lOLA scho arships. Yet these fellowships and grants are as scarceas therecycling bins at UI Apparently, the enactment of th Equal Access to JusticeAct of 1982,th 1976 amendments to the Civil Right L964 and the California "privat . y general statute," passed in 1977, have contributed to the recent growth ofpublic interest practice forlaw firms. These federal and state law authorize court-awardedattorneys' fees fact, Ralph Nader and William Schultz, in theirbook "Public Interes withBread on the Table," point out tha these statutes enable small and midsizefirms "to make a contribution to the and to get paid at the same »In golicy *on rnizational fession have made it more tWith isn t representing the interests of the "already powerful and weal thy people," she points out that public interest work includes direct representation of individuals, class action suits, commentarproposed laws, and lobbying. "The statedvalue of the profession is similar to social work. Public interest reputation in public work address the needs of the interest work. Reunderrepresented those who have no cently, CDO created access to courts, education, skills or abilities," says Punders. Pro Bono Students Unsure ofwhether criminal prosewhere law America, studentshave access cution shouldbeconsideredpublicinterto New YorkUniverest work, Punders explains that propodatabase for nents of the criminal justice system sity's bono work. maintainthat theirwork is public interpro est work because they are "cleaning up the streets." On the other hand, criminal misperceptiontobelieve that can you prosecutionis viewedby some asperpet■| find a the injustices of the legal system. ? easily job in interest Punders if you began her career in the I public find a Services in Buffalo Heritage Cenprivate Legal I can't one. In fact, withthe ter. There, Punders workedwith develproposed Congressional cuts for such opmentally-disabled people on criminal misdemeanors, employment discrimiprograms as Americorps, Legal Services Corp., and NAPIL, which funds 50 nation, and guardianship. In her second $3,000 stipends forwork in' poorareas,' summer oflaw school, sheclerkedatthe it is very difficult to finda public interest U.S. Attorney's Office focusing on environmental violations and worked last says Meerse. For those who cannot afford to do summer at theNational Organization for public interestworkbecause oftheschool Women Legal Defense Fund in New debts they have York City. After amassed, Meerse mmmmm mmmmmmmm ' graduation, she will "Demonstrated I be prosecuting jusuggests doing pro bono work at private commitment b thekey to § veniles accused of violent felonies in firms. She added that securinga public interest I the difference beI the Family Court n position I Division of New tween public i nterest York City Corporawork and pro bono Sara Meerse, 2L service is the time I tion Council. commitment, and Punders added public interest work is not necessarily that, while it is important for students "more noble." interested in public interest to donate theirtimeto volunteer groups, it is not a Nevertheless, with law becoming requirement for the "atypical law stuan increasingly specialized field, Co- dent" who must care for a child or an Director of BPILP, Helen Punders, 3L, elderly person. "Don't be afraid to tell J.D./M.S.W., believesthat doingprobono the public interest lawyers about your work will not prepare the lawyer to hanparticular circumstances," says Pundurs. She alsoadvises thatstudents be carefule dlecertain types of public interest litigation. not to assume more debt than is neces"Public interest work has as many sary. "Living simply will put you in definitions as there are jobs," says touchwithwhat'sit's likefor yourpotenPunders. Explaining how it certainly tial clients." - emergenceofa maturing marketplace for legal services, and the declining perception Bilt ■er Development Office. Meese es that the various clinics ofUBand thestudent-initiatedand student-run task force (e.g. Prison Task Force, Domestic Violence Task force) boost ÜB's rthermore, "they can help lawId theirreputation inthe community. A lawyer is much more likely to gain recognition in the community by bringing a public interestlaw case than Those interested in findingjobs in the public interest must show employers that their committed as well as competent. "Demonstratedcommitmentis the key to securing a public interest position." says Sara Meese, a 2L pursuing a JD/MSW, "Law review, moot court, and grades are ofless importance." Meerse, a NAPIL recipient, will be working on domestic violence for Pine Tree Legal Services in Presque Isle of Northern Maine inland this summer. As a BPILP recipient, sheis currently working for the Legal Services for theElderly inBuffalo. With her undergraduateexperienceas an advocateforrape victims at Binghamton University, she now serves on the steering committee ofthe Domestic Violence Task Force and is a graduate advisor for * f," ~ - AlumniProfile: MarcE. Hirschfield '92 Recent alumn relates his experiences at large N.Y.C. firm by Flora Chan, Asst. Features Editor A 486DX2sits on top of an L-shaped rectangular desk withmoundsofpaperwork piled from side to side. Pinned to thewalls are political cartoons about Republican hopefuls. Blending in withthe longprocession of offices that align the halls of Dewey and Ballantine (DB), this room is several feet past the firm's spacious two-tiered library.Located ons2ndAvenue andAvenue of the Americas, diagonally across from Radio City Music Hall, DB is a large NewYork City corporate firm withapproximately 400 lawyers. Within minutes, Marc E. Hirschfield '92, has entered the office. Hirschfield, who specializes in bankruptcy law, began his career at DB as a summer associate afterhis secondyear at UBLaw. Hirschfield also clerked with U.S. District Court Judge Richard J. Arcara. Originally from Longlsland, Hirschfield graduatedfrom Binghamton University in 1989after majoring in Philosophy andPoliticalScience. Comingto UBLaw immediately after college, Hirschfield spent his first summer cruising the country as a travel guide. During thefall ofhis secondyear, Hirschfield flew down to New York City for theannual city recruitment fairfor summer positions. After an onslaught of grueling interviews, Hirschfield received an offer from DB to be a summer associate. Hirschheldcredits the success of his first summer at DB to the associates who guided him and supported him through his legal projects. "The first assignment on wills and trusts was the scariest. I knew nothing about that area oflaw. Fortunately, I worked with a guy that was super- . ting more involved in politics." In fact, Dewey andBallantine is certainly not a typical largefirm t with Impressed Vtop-notch" legal work "friendly" environment, campaigned for At 4:30 every afternoon y you will findth eir associates GovernorPataki, "rendezvousing "for cookies and milk. Hirschfield decided to pursue his legal career withDB. Last year, Hirschfield billed over 2000 hours. "Youhave to put in a lotofhours wherever you are working. If you don't like where you are, the hours will feel longer. If you like what you are doing and the people you are with then the time is more EDB Hirschfield is certainly not a typical large law firm. At every afternoon, you will find their associates lezvousing" for cookies and milk. Given the opportunity Hirschfield is eager to partner at DB. However, he candidly admits that his chances appear very slim. Last year, only two associates madepartner. Withinhis department there 1 a former DB associate, in 1994. Explaining how he is a "Democrat turned Re- publican," Hirschfield says that he became a Republican in law school because he felt that his views were more Conservative thanthe students and professors at ÜB. Grateful for his SUNY education, Hirschfield, a member of theBoard ofTrustees of Binghamton University Alumni Association, is concerned about the budget cuts. "SUNY has aspecial place in my heart. Without the I would not be a lawyer working at DB today." Hirschfield finished with a precaution about being d against large law firms. "UB focuses on placing lawyers in public interest. But there really is nothing wrong with working at a large firm. Besides, you can do pro bono if you want." Earns �THE OPINION 4 O.J.Roundtable Repeated discovery violations by Joseph L. Broadbcnt, Sffls Editor Since the beginning of the trial, both the prosecution and the defense have alleged that the other side has failed to turn over evidence as required by California'sreciprocal discovery law. Prof. Carr said that "reciprocal discover) hasgotten out ofhand." Hefeels that, because of the prosecution's advantage in manpower and funds, "they shouldbe willing to turn over what they have to thedefense." Carr said he is troubled over the potential he sees for reciprocal discovery to come into conflict with the sthAmendment's right against selflncnmination. He tends to "wonder whether any of the violations are intentional" since they could end up being heldagainstthedefendant. Carrsaid a lot of whathas occurredis "unnecessary crybabying by the prosecution." Mr. Connors said that "both sides are hiding the ball" and that all the discovery abuses "tend to dwarf each other." He feels the violations "violate the spirit and intent of discovery" andtend to make for a "sporting theory ofjustice." Connorssaid that once one side finds a discovery, the otherside does, whichhe charac- , , tenzed as a "clever way to defied focus on discover) abuses." However, he feels thattheviolations won't havemuch impact because jurors respect the "vigor we might expect to be outside thebounds offair play." Connors also believes Judge Ito should enforce the rules more fairly by "precluding testimony, not merely fining the attorneys." Dr. Ewing sees a lot of the violations as "peculiar to California law." He doesn"t believe theproseclaim that they 'ye given the defense everything. Ewing said theviolations will have "no impact" on the case "unless the prosecution withheldexculpatory evidence." Judge Ito's instructions regarding the violations won't do much either, he feels, because "they've been given in a watered downfashion." Mr. Birzon characterized the violations as "each side trying to extract every possible tactical advantage it can." He said that, aside from the way it plays to the public, the violations "won't make a bit of difference; either the jury will believe the evidence or it won't. The judge's cautionary instructions won't change that." Reaccreditation, continued from page 1 Boyer said that among the team's criticisms were that the law school depended too much on adjuncts to staff upper division courses, needed to better its faculty-student ratios, and required improvement to the physical plant. "The key question is resources," explained Boyer, adding that the law school has already been working to address thisprimary concern. Boyer said the law school has hired four new full-time faculty members and has now received control over the majority of O'Brian Hall. Boyer also said the implementationof theNew Curriculum should remedy many ofthesite team's criticisms. "The New Curriculum is our way of taking the next step forward in upgrading our quality," he said. The site team also expressed concern about thegovernance of the law library, noting that usually the law library is autonomous from the university libraries; the UB Law's library is not independent from the university libraries. Boyer said that the ABA is looking for "a workable strategy" for addressing thelaw school's problem areas. Boyer saidhe must waitfor the budget situation to be resolved before sending his report to the ABA. Japan, continuedfrom page 1 are often shut out by an establishedbusiness community with influence on potentially venture-friendly organizations such as banks. At the close of the session, Upham expressed interest in theadministrative and legal changes yet to come as international trade continues to expand. Upham is a graduate of the Woodrow Wilson School ofPublic and InternationalAffairs at Princeton University, and earned his law degree at Harvard Law School. He has taught at Boston CollegeLaw School, in Japan. They and currently teaches property and Japanese law courses at NYU Law School. Though he has not taught at ÜB, he is well-known at the law school amongst faculty members, including Professor David Engel. Upham has spentagreat deal of time livingand studyingin Japan, isfluent in Mandarin, Japanese, and French, and is learning to speak Cantonese. He was recently awarded the Abe Fellowship by the Center for Global Parnership to develop his current research. Upham's visit to UB was sponsored by AALSA and the Mitchell Lecture Fund. LAW STUDENTS & LAWYERS Jump start your job search. Find jobs faster. Compiled mailing list includes FL, NY, DC Over 850 firms/legal depts., contact person, address. WP Disk $19, Hard Copy $33, Both $43 Send check/money order to Legal Mailings Unltd. PO Box 20149D.H.CC NY, NY 10017 FEATURES April 12, 1995 Feature Column Dan Killeka Columnist Study Tips from Big Dan After my first columnwas published a few weeks back, I received a good deal of feedback on it. Most was from my parents, but some ofit was fromactual law students. There were plenty of suggestions, among the loudest of which were "never write anothercolumn" and"get some help." Well, I'm sorry Mom, but I've got a dream here. After much thought, and after checking the last issue of theOpinion for any letters to theeditorabout my column (thank goodness for all those troublesome posters), 1 have decided to waffle on some of my original pledges. I will admit that I am still too scared to give my actual opinion onanything,but hey—there's no reason why I can't share some of the helpful hints for cleaner living I've picked up along theroadside of my life. As some ofyou may know, we here in the law school are about to begin the Spring Semester Finals Period. Having already taken finals once, this past fall, I thinkI may have some tips which ought to be sharedon "How to Make the Most of Your Studying." Everyone in my Research and Writing section knows thecautionary tale of the (former) law student who spent too many consecutive hours in hislaw school's 24 hourlaw library studying forfirst year exams. Do yourselves a favor and establish some sort of reward system to encourage you to take breaks. Don't wait until you have to be carried from the library on an ambulance stretcher. One of theways I like to reward myself for time spent studying hard is by watching TV. I figure that for every hour I spend hitting the books, I deserveabout 45 minutes in frontof thetube. I know it will be tempting to many ofyou to go thefull hour, but try to remember that if you were to spend a ful 1 hour watching television forevery houryouhadspent studying, you'd run the risk of defeating the purpose of thereward system. As if the TV wasn't enough of an incentive, I'vefoundanother useful method of reward thatI can frequently employ. And thatis thatfor every hour I spend study ing, I'll have one beer. Again, the temptation is strong to twist the cap off a second, but keep in mindthefact thatthe goal is not to reward yourselffor drinking beer by studying, but to reward yourself for studying by drinking beer. And besides, by limiting yourself to justone for every hour you've spent studying, you will allow yourliver to keep up withyou, and yourbuzz will never outpaceyourabi li ty to concentrate. Don't cheat yourself, thoughmake sure it's EITHER the beer, OR theTV. Mixing the two canlead to confusion or disorientation, and sometimesnausea. Believe me. And - for those ofyou concerned about the negative effects all that beer might have on me, don't worry; I really don't study enough for it to be a problem. Here's another suggestion I have for improving the study process: Be sure to look through your notes whenyou study for exams; they frequently contain informationwhich is crucial to your performance on finals. That really hurt me last fall, and as your mentor, I feel I ought to say it's a mistakeI don't want to see any ofYOU make. Finally, and perhaps most importantly, let me suggest that you leave yourself time to study after classes end. I know this can be a real hassle, especially with all of the great warm-weatherthings to dohere in sunny Buffalo, but believe me, you'll be thanking me later— especially if those extra few hours turn out to be the all-important difference between a "Q" and a "Q-." I hope I'vebeenabfc to give you a window onbetterstudy habits, while at the same timeaffordjng you a view into my worldofacademicachievement. That's what makes a general interest column generally interesting. All ofyou first and second year students will be happy to know that I plan to spend this summer honing my craft, so that next fall I can offer you more thanjuststudy,suggestions. Good luck to you all, and have a happy summer! AlumniProfile: MichaelBattle '81 New Asst. Attorney General remembers UB By Mike Chase, Features Editor Michael Battle '81, was appointed this January by newly-elected NewYork State Attorney General Dennis Vacco to head his Buffalo office. Battle, now 39, will run the busiest Attorney General's office in the state outsideofNew York City. As Assistant Attorney General in charge, Battle sees his main role at the Buffalo office as chiefly administrative. "I just want to make sure the office runs efficiently. I'm here to basically do whatever Mr. Vacco wants, and to help him in any way that I can," said the UB alum. Battle foresees at least one change under the newAttorney General. "There will definitely be more structure to the criminal prosecution area. We have several branches that will be very busy here inBuffalo. The environmentalprotection branch, the Medicaid fraud bureau, theconsumer fraud branch, and the Organized Crime Task Force (which sort of comes under the Attorney General\s office, depending on who you talk to.)" Generally, Battle's memories of the law school are memories of working very, very hard. "I didn't realize the full benefit of UB Law whileI was there, but I did meet some very nice people who I remained good friends with over the years." One of those people was his new boss. "I met Dennis at UB and we became very good friends. I also worked under him at the U.S. Attorney's officefrom 1988 to '92. Heleft when Clinton tookoffice. '' Dennis was Assistant District Attorney for a while, so he understandshow itisfor people workingon the front lines, trying cases every day. I've learned a lotfrom him." Battle has experience bothprosecutingand defendingfor the government. From 1984until 1992,he was Assistant U.S.Attorney herein Buffalo. Theninl992,hetookaposition as theDirector ofthePublicDefender'sofficeinßuffaloFederal Courts. He remained there until Vacco named him his first regional head threemonths ago. Hisfirst job out of law school was with Legal AidSociety in New YorkCity, wherehe was born. "All of my jobs have involved litigating, and I definitely enjoy that aspect of thelaw most. But it is a lot of work inpreparation andresearch- ing. Thisjobiskindof like a vacation for me, but I hope to get back intothe courtroom after a littlewhileand try some more cases." Battle'sbest advice for thoseof you who want to work in the public sector: get some good experience in your summer jobs. "My first summer jobwas with Legal Aid and the next summer I workedfor the U.S. Attorney's office. Those workboth great experiences, and that's what you need." Perhaps a true indicatorofBattle's feelings toward hisalma mater is his active hiring of UB Law grads andstudents. "I look therefirst. We received 50 resumes from theschool for summer internships, and I'll be spending thebetter part ofnext week interviewing." All in all, Battle is happy with where he is. The new position with the Attorney General's office is a refreshing change for him, and he sees it as another building block in his career. "It gives me a chance to develop some new skills. I'vebasically been trying cases since I got out of law school. Now, I'll have the chance to see if I have the ability to be a good manager. It'sjust another piece of the puzzle." Join the Opinion ! Meet interesting people, make lifelong friendships, and enjoy our free beer. Stop in Room 724 TCDAY! �April 12, 1995 I UB Law adds 4th professor for next year byEvanßaranoff, $&iiorß<lwr The luvv school hired a fourth nil 1-ti me. tenure track law professor tor next year, according to the Dean's Office. James A Wooten of New Haven, CT, \va\recentJyhiredbv thelaw schoolfor next year. Woolen, who received his J.D. from YjlcLjwSchool in 19K9,willteachPcnsir>n & Employee Benefit Law next semester. In the Graduate Program in American Studies at Yate IMvej&ty, Wodtea did h& dtwrutirars on "feeguiatlttg the *Unsesfi Revolution': Private Pension Policies and Politics, 1960 -1987* He coasted the Most recently, Woolen was ai New YorkUniversity SchoolofLawasaSaffiael i.£k>ijef>FeHowtnLegallJistory- Wootea had^evioijstybeaiALawandiltswrtyFeilow at YaleLaw School. The three law professors previously hirrtlfurneM>r<»nn«:lHdeSuun V Mangold wtoctttteniiyteadte&part-tane at ÜBLaw, Mai thai' McJClutfwynfNew YarkCttjand Tares* A Milter of Miaad Beaeit. Mangold, *feor&eivedkerJiXlxaft Harvard Ijm School in 1987, will teach Child AdvocSfcy& Law mx\ semester. o{>hwEL,M?*{Colom(Mal-awS<A(«ii. She will teath Issees «l Insurance Law Mil lerreedvedherJ.D. from Harvard at the University ot Wisconsin Sctuxii of Law tn 1989. She will teach PriMmer's She said, "Those who aren't comfortable going to graduation can still celebrate the day-many of us are going to go to the actual ceremony and thengo to the alternateceremony whenVaccobegins to speak." Stroudadded thatmany of thestudents will be coming back afterVacco speaks. Thekeynote speaker ofthe alternate ceremony will be scheduledto speak at the same time as Vacco, so students who want to go betweenthe two ceremonies can do so. Stroud said thatthere will also be protestinside the actual ceremony. "Inside we'll ing have pink arm bands and we hope to have people from theEEOC to facilitate discussion of employment discrimination examples," Stroudsaid. Stroud confirmed that there will be tabling on anti-discrimination, letter writing based on the bill to add sexual orientation to Title VII, letters to Congress to encourage it notto discriminate andto DennisVacco. Stroud did initially send a letter to Dennis Vacco, but saidshe received a form letterback that did not address her concerns. "This policy ofdiscrimination based on sexual orientation sends a verybad message to every firm in the [state] and to the country in general that it is OK to discriminate on the basis of who someone sleeps with," Stroud said. "Being gay in a society that can discriminate against me is a silencing factor. You[as astraight person] can talkaboutyourboyfriend, thatyou went golfing or to dinner, and that is perfectly normal and acceptable. But if I say my wife and I went golfing or to dinner, I can be at risk for employment discrimination, and depending on whohears it, I could be charged with sexual harassment based on someone's homophobic perception ofmy comments." Stroud feels that the administration has been very fair throughout the planning of the 5 THE OPINION Law professors Presser and Albert debate constitutional interpretation byJosephßroadbent, jNews Editor Last Thursday, Northwesternlawprofessor Stephen Presser debated constitutional interpretation with UB Law professor Lee Albert. Presser, author of thebook Recapturing the Constitution was invited to UB by the Federalist Society. Presser began by saying thatthe events of 1989 in Central Europe and last November's elections indicatethat we shouldrethink constitutional law rather than continue with the progressive, left-orientedmode thathasdeveloped in thelast four decades,asking "if wecan turn back the clock in politics, why not in constitutional law as well?" Although he noted that Dred Scot and Lochner are widelyregarded as the two worst decisions in constitutional history, Presser distinguished the cases. He said that "Dred Scot was bad because it forgot the lessons of natural lawlearnedin the 18thCentury,but that Lochner was good because it remembered them." He added that a growing number of people have come to takeLochner more seriously in recent years. Presser also critized the Supreme Court. "The court isn't implementing the rule oflaw and isn't guided by original understanding. Instead, the Court is making social policy based on politics and a culture of radical, secular individualism." Presser argued that the Framers never intendedthe First Amendment to erect a wall ofseparation between Churchand State; rather "it was designed simply to have the government not promote a particular sect." Thus, Lee v.Weisman. whichprohibited commencement prayers, was wrongly decidedaccording to the original understanding. Presser lamented that decisions like L GBLSplans protest, objections, adding "that's as mellow as it's going to get." NEWS the cause ofwhat's wrong with the country was "bizarre." He noted that no Supreme Court Justice has ever advocated that the Constitution should be interpreted according to the Framers' intentions. Albert said thatPresser's contention that judges may look to natural law in making decisions created a paradox and that natural law could ostensibly be used "to support any position one wants to take." He criticized natural law by stating that it would have supported slavery and was used in Bradley v. llinois to justifykeeping women inthe home. to the doctrine of originalism, Northwestern law professor Presser rt said that, even if the text or theFramers' t answered all constitutional questions, Weisman havemade it extremely difficultto that wouldn'tjustify the Framers"'rulingfrom teach morality in thepublic school," whichhe the grave." He notedthat Jefferson wanted to said is "at least in part responsible for the have a 20-yearsunset provision for the Consti chaos we now have in the inner cities." tution to prevent this. He added that the therealm of Presser said that Framers' debates "offer very little help for In abortion, "the courts, withno proper grounding in constitheissues the Court confronts today," manyof tutionallaw, display a nakedpreference for one such as wiretaps and electronic communicaside in wh3t is 3n csscntiullv intr3ct3hlc find tion. He argued that theConstitution's vague difficult pubanguage is an "invitation to fu"..the Courtis makingmetal ure generations to apply their alues in finding its meaning." policy potiticsandu concluded by culture radicalsecular Albertalso disputed Pressr's belief that affirmative aemaking four individualism." on has divided society, saying suggestions to -Prof. Stephen Presser t iat the legislatures, not the Court, help cure some of the counare responsible for affirmative try's present problems: cutting the numberof action and that the Court has been "less than Supreme Court Justices to five,passing a conreceptive" to affirmative action policies. stitutionalamendment whichwouldreturn to Finally, Albert said thatthe three constithetheory of a color-blind Constitution, reverstutionalamendmentsproposedby Presserwould ing theschoolprayer decisions, and getting the not cure the evils of society. In his rebuttal, Presser explained that he government and courts out oftheaborisiness. doesn't blame the Supreme Courtfortheevils rofessor Albert responded by saying of society, but feel it"hasexacerbated them." [Turning - bmetton of Xl continued from page 1 protest. "The administration is doing what they have to do," Stroud said. "I think they are in a very difficultpositionright now. They are doing the best they can possibly do withoutshowing that they are siding with us or against us." "Imagine one day you woke up and the majority ruling class were gays and lesbians, butyou had thisone civil right. An affirmation by the highest law enforcementagency that [it] wouldnotdiscriminatebecause of sexualorientation, because you were straight. Now imagine that this right was suddenly taken away from you." "Before, there were always people willing tohurt you because ofwhoyou are,"Stroud asserts, "but now you have people who can because the Attorney General's office has essentially turned their back on us." Join the Opinion! Free beer, late nights, bleary eyes, endless frustration, loads offun!!! BAR/BRI IS PLEASED TO HAVE AWARDED MORE THAN 600 FINANCIAL AID SCHOLARSHIPS (totaling more than $150,000) to 1995 GRADS THROUGHOUT THE NORTHEAST (including more than 55 Buffalo graduates) BAR REVIEW PROUD SUPPORTER OF LAW STUDENTS NATIONWIDE �EDITORIAL THE OPINION 6 Volume 35, No. 14 April 12, 1995 Founded 1949 Samuel S. Chi Editor-in-Chief StevenDietz Managing Editor EDITORIAL: Voyager, The Next Opinion With a new captain at the helm and a competant, yet untested crew, the next installment ofThe Opinion is heading to the deep reaches of UBLaw space. Encouraged by the stellar accomplishments of last year's crew, and even aware ofa possible shortcoming or two, the new board is ready for the challenge of boldly covering the ins and outs of UB Law School. However, the journey is hard andsometimes troublesome. Student body apathy seems to be the biggest stumbling block. No one seems to care just how much effort it takes to put out a newspaper. Dedication and hard work are sometimes all but ignored. People gripe about poor coverage, about the lack of happy news, and some even object to the way staffers dress. Nevertheless we're here to chart a straight and objective course despite the vast emptiness ofhuman hearts. We promise to give unbiased and accurate coverage of the important things here at UBLaw. We also promise to keep an open mindandaccept all viewpoints without prejudice. We promise to bring you laughter at times, and to lighten your spirits as best we can. But what we need is your help. Come and join us. In exchange for a little time and a wee bit of effort, we'll give a soapbox from which you can express your ideas, dreams, and even a story or two. Come and hone your writing skills. Boldly go where few have gonebefore. On a final note, thanks to Evan, Peter, Lisa, Joe,Peter, and John for a iob well done. See you next year! STAFF Acting Business Manager: Production Manager Acting News Editor: Features Editor: Photography Editor: ArtDirector: Lisa C. Nasiak David Zammiello JosephL. Broadbent Mike Chase TBA LenOpanashuk Assistanteditors^ews; TßA ; Editorial: TBA; Features: Flora Chan \Photo: Molly Kocialski; Graphics: David Leone; Business: Eric Dawson. SeniorEditors: Evan Baranoff and Peter Zummo. Beat reporters: SBA:TBA; CDO: DanielaAlmeida-Quigg; Alumni: Shelley Chao; ContributingStalT: Computer consultant: Peter Beadle Stabilizing: Ha! Thought you bad us! Destabilizing: Pbotofiasco ThcOpinion isa non-profit, independent,student-ownedand run publication fundedby theSßAfrom studentlaw fees. The Opinion. SUNYAtßuffaloAmherst Campus, 724JohnLordO'BrianHall,Buffalo,NewYorkl426o(716)645-2147. The Opinion is published everytwoweeksdurinptheFallandSprinpsemesters. It isthestudenlnewspaperoftheState University ofNewYorkatßuffaloSchoolofLaw.Copyright 1995 by The Opinion. SB A. Anyreproduction ofmaterialshereinisstrictlyprohibited withoutthe expres.scon.sent oftheEditors. Submissiondeadlinesforletters to thecditorandPerspeclivcsare5 p.m. on theFridayprecedingpublication. Advertisingdeadlines are6 p.m. on the Fridayprecedingpublication. Submissioasmav eitherbe sent to The Opinionat theahovenoted address, droppedoffunderThe Opinion office door ("room724 OBrian Hall), orplaced inBox#loor#2Bo on thethird floorof O'BrianHall. Allcopymustbe typed,doubled-spaced.andsubmittedon paperandona computerdisk(IBM-WordPerfect). best whenwritten a.sa part ofadialogueand must be nomore than twopages double-spaced.Perspectivesaregenerallyopinionarticlesconcemingtopicsofinterest tothelaw school communityand mast benomore thanfourpagcsdouble-spaced.The Opinion readsandappreciates every lelterand Perspectivewe receive; wereserve theright toedit any andall submissions forspaceasnecessary andalso forhhelouscontent. The Opinion will not publish unsigned submissions. We will return your disks toyourcampus mailboxor toaprivate mailbox ifaself-addressed stamped envelopeis provided. The Opinion isdedicated to provide a forumlor the freeexchange of ideas. Asa result, the views expressed in this newspaper are not necessarily truxscol the Hditors or Staffof The Opinion. "Congress shallmake no law....abridging thefreedomofspeech, orofthepress;..." --The FirstAmendment Stream ofUnconsciousness Sam Chi Editor-in-Chief Sports page, anyone? . I have to warn you, I may be the only male person alive whoadmits toreading newspaper advice col umns onaregular basis. Every other guy I know vociferously denies ever reading them. But if, by mere chance, they do read one, they grunt the coy excuse that they accidentaly caught it while waiting for the sports section. Not me, I automatically reach for Dear Abby. Ann Landers is my guru.But, mypersonal favorite is Ms. Manners. Etiquette is, like, mondocool. Just think, by saying "please" and "thank you" once in a while, eating with the correct fork, andknowing what a duvet coveris, one can lift themselves out of the primodial ooze of monosyllabic grunts and belches and enter the lofty realm of the cultured elite. I just can't getenough. I thinkthere ought to be a 24 hour hotline just in case you get a burning etiquette question at 2 in the morning. For instance, exactly how many flowers are necessary and appropriate if you forget an anniverary, almost miss a project deadline, or stand upa date? Concrete, specific answers to such questions could do well in averting ego threatening situations. But even the most stubborn, grunting, sportspage-minded man asks for advice once in a while. Granted, it maybe something as mundaneas, "how many days in a row can I wearapairofunderwearbefore they getreally skanky?" or as earthshattering as, "Whoa, do you think that really drunk chick over there likes me?" But, the one thing we men never dois ask for directions. I don'tknow why, but wejusthate asking for directions. We have to be lost in themiddle of nowhere, 4 days late, tattered and hungry beforewe even thinkof gettinghelp. Even then, we'dprobablyjustgoandbuyamap. But once in a while the impossible is possible. I and three mine, Julie, Michelle, and Mike were cruising'down a highway, close to thespeed oflfght, desperatelytrying to make theopeningscene ofamovie. Things were going great until Julie, who was driving, realized thatshe didn'tknow how to get to the theater. She looked over at Michelle, who didn't know ci ther,and thenback atme and Mike. I justshrugged my shouldersand gave a dazedand confusedlook. Mike, however, explained thathecalled thetheaterfor directions and then told us exactly how to get there. "You meana MAN askedfor directions?" asked a shocked Julie. "Uh, yeah," answered Mike. "You can't be a man," piped Michelle. "What, it was just a logical thing to do. Any rational person wouldhavedonethesame," Mikefiredback. "You're definitely not a man," the two women chimed. To say the least, it was quite the experience. What, with the obvious feminist overtones, (a woman in the driver's seat and men shunted to therear), andthe factthat Mike, who exudes as much testosterone as any other guy I know, transcended gender stereotypes, it was quiteprofound. It was all the more impressive because he didn't even need to know what a duvet cover was. The experience left me speechless and humbled. Here I have tried for years to be the nice guy,liberated man of the 90's and in one fell swoop, I have slunkback intothe ooze. For days after, all I could do was grunt. Oh well, anyone gota sports page? . ■ Jn correction of the April 3 article, "Facility discusses Code of Conduct." it wa,\ incorrectly reported that Professor Guyora Bmder said that a provision jn Stanford's code was similai u> Chapter 3. Section 7(eX4l had been struck down. It was, in tact. Professor Louis Swartz who made the statement. Clarification: In clarification of the April 3 article, "Faculty discussed Code of Conduct," the paraphrase of Professor Guyora Binder's remark regarding Chapter 3, Section, 7(c) may have incorrectly left the impression that Binder characterized ABA standards of professianal conduct: as ex cessive. What :hs said was that the application: to ,; ■, :■ students o< ABA standards governing the courtesy due judges from attorneys -_• would be excessive. �April 12, 1995 OP/ED THE OPINION Perspective byErikN. Larson In her letter to the editor in the April 3, 1995,editionofThe Opinion.KristineO'Grady disingenuously attempts to shift the obvious focus of the "Bring Back theLions Committee"(hereinafter "Committee") from the bigotry and harassment that it is, to a "thoughtful social critique" of variouspersons prominent in the Evangelical Christian political scene. In this letter, I make a few observations and proposesome questions thatI wishMs. O'Grady or other Committeememberswould answer. First, whatis the meaning behind "Bring Back theLions?" Is itaharkeningbacktothe days ofthe Roman coliseum when Christians, because of their beliefs, were thrown to the lions tobe eaten, whilethousandsof spectators watchedfor the sport ofit? Or is it advocating another"Daniel in the lion's den"scenario in which Christians are tossed to the lions because of theirabsolutebeliefs? In themindsof many Christians, these are the images conjured up by your Committee's title. However, if neither of these interpretations is correct, I respectfully ask thatMs. O'Grady or any other Committeememberinformthestudent body of the proper meaning of your Committee's title so that this confusion will be dispelled. Second, wouldyou honestly have thislaw school community believe thatposters saying such things as "Jesus is Coming...Out, Gay Rights Now" md "1 in Every 10 Jesuses is Queer" are only meant to be critical appraisals of those you cpl "right wing fundamentalist LionBsaScbekmru"qBturehisntCog ommittee" Christians?" The only one insulted by your victions be accorded the same respect that thoughtless and blasphemous posters is Jesus, people ofacertainrace, gender, ethnicity, etc., the one who gave His life so that you and I and are rightly accorded. Itis not only distasteful everyone else may live. Why is this an insult but it is wrong for a secret Committee to be to Jesus, one may ask? No, it is not because formed with theadmittedpurpose of mocking homosexuals should be hated; anyone who andharassingagroupofpeople becauseoftheir hates homosexuals is sinning. It is because religious beliefs. Fourth, why does theCommittee's memJesuswas sinless, and thus to insinuatethatHe was gay is to destroy thevery attributethat sets bership remain anonymous? If theCommittee Him apart from everyone whoexisted before is not being hateful and discriminatory, why then or since. So don't try to hide behind are the names secret? Ifretribution is feared, highbrowed rhetoric while you clearly intend please know that the only "retribution" to through these posters to demean the very es- come from the CLS will be in the form of sence of the religious convictions ofmillions ideological debate, not personal attack. Fortuof women and men throughout theworld. nately for all, the Christian beliefs that you and Third, even if it were true that your posttheCommitteeridiculespeak unconditionally ers were only "mock[ing] right wing fundaagainst personal hatred. Thus, theCLS never mentalist Christians," as you assert in your has and never will endorse, explicitly or imletter to the editor, such personal bigotry is plicitly, thehatred or abuse ofanyperson at this law school or elsewhere. If this is occurring, unacceptable in our tolerant law school community. Ms. O'Grady,wouldit be appropriate the CLS unequivocally condemns it. for anothercommitteelike yours to beformed I have a few more briefpoints in concluwiththe express purpose of displaying posters sion. First, we at theCLS welcome vigorous that "only mock" another group of people but civil debate ontheissues. We are confident because of that group'srace, gender, ethnicity, enough in the truth of our convictions not to etc.? I would hope not. If this ever occurred, have toresort to adhominemattacks like those you and I bothknow thatoutrage would ensue, being engaged inby theCommitteeand others. as well it should. But of course, when the If we disagree on something, let's debateit on the merits. But when a group of fellow law objects of mockery are"right wing fundamentalistChristians," mock away' till your heart's students beginslaunching hatefuland discrimcontent! Nothing wrong with that, right? No inatory poster campaigns intended to demean inconsistency there, right? All that we at the thesincerely-heldreligiousbeliefsofsomany, Christian Legal Society (hereinafter "CLS") without even attempting to offer any construcask is that people withcertain religious contive alternatives, thelineof proprietyhas been crossed. The deans stated in their March Bth memorandum that "[vjicious and assaultive graffiti [appearing in the law school] have attacked and threatened gays and lesbians. This conduct is contemptible and unacceptable and will not be tolerated." Is it too much to ask that the same respect expected to be accordedto gays and lesbiansbe equally shown to the Christians at UB Law, a law school that is supposed to be a place of "openness and diversity of opinion?" Finally, Ms. O'Grady speaks truthfully when she notes the inconsistencies of some Christians. However, we atthe CLS do not base our code of conduct on the actions of other people. Instead, our actions are guidedby the unchanging Word of God the Bible. When anyone veers fromthestandard set forth therein, the CLS does not condone that person's actions. We do not and cannoj speak for every Christian, justas you,Ms. O'Grady, do not and cannot speak for theactions ofevery person in whatever group with which you choose to associate. Insteadof imputing theactions ofa fewChristians to all Christians, why don'tyou and otherCommitteemembers actually get to know us at the CLS, so that you can actually have some basis in factfor your opinion ofus? As our fellow studentMichael Grainger first pled, please go aheadandattack our ideas onthe merits, butdo not attack Jesus. All Jesus ever did to you was die for you. Larson is the vice-president ofthe Christian Legal Society. - Opinion Mailbox Grady Letter Unfair O' To the editor: I won't stay home To the editor: I foundKristine O' Grady's mean-spiritedattack on Mike Grainger's comments regarding the Bring Back the Lions Committee to be a perfect example of the lack of class on her and theLions' part. Italso demonstratedthatnarrow mindedness is not limited to religious groups but can be found in secular groups as well. First let me qualify my comments by saying that I have no affiliation withany religious group on or off campus. And while I find fundamentalistreligious groups tobe annoying at times, I try to exercise tolerance (you might try looking it up in the dictionary Ms. O'Grady) with them as well as other groups. It seems to me that the Lions could have avoided this whole affair by exercising some common sense. There is no doubt that if a gayrights groupbrought a speaker toUBLaw and another organization posted ads protesting this with slogans is coming to ÜB, like "Boycott the Fudge Packer" or "Mr. wouldbe cries of outrage. don't forget the Anal-Ease", there Are we to expect silencethenfrom fundamentalist Christians when someone mocks the tenets of their faith? The problem here seems to be that people like Ms. O'Grady want to have it both ways. They want to be able to spread venomous vitriol against anyone that disagrees with them whileat the same timecensoring their opponents replies withcries of racism, sexism, and whatever new -ism they've dreamed up. Ofcourse I doubt thatthe groups theLions attack wouldresort to thesame childish displays as theLions do.This only lends support to the old adage, don't wrestle a pig unless you want to get dirty. Mikeßickardll,2L LA TIS ProudlyPresents Two Presentations Accessing the Law; Intellectual Property and Legal Publishing A Debate Between Mr. Bill L»ndberg--of WestPublishing and Mr. JobnLedcrer-PubJic Domain Citation System Advocate Tues. April 18th 3:30-5:00 p.m. Room 106 Refreshments Wi J$ Be Served A Presentation By Dr. Bcrleth from Roswcll Park Thurs. April 20th4 00-5 Jop.ru Room 207 Refreshments Will Be Seized Open Letter to 3L Class To the editor: Commencement is rapidly approaching and withit comes a continuing undercurrentof dissension. We wouldlike to ask thosewho are planning ANY disruption of theCommencement Ceremony to findanotherforum for theirdemonstration. This is not to say thatall protests shouldbe curtailed, only that such protests be considerate and respectful of the entire class. Commencement is a time to celebrate our achievements and reflect on our law school careers. More importantly, it is a time to congratulate ourselves and our classmates for all that we have accomplished, and to express our thanksand gratitude to our friendsand families for theirsupport over theyears. Whether we, as individualsor as a class, agreeor disagree with the policies of the selected Keynote Speaker is not the point. The point is that the commencement ceremony is not the appropriate venue for disruptive protests. We simply ask thateveryone keep in mind the potential consequences of disorderly conductat graduation. It wouldbe a tragedy for our commencement to be marredby any acts of violence. This letter is an appeal to everyone's better judgement so that reason and common sense can prevail at graduation. Let our graduation ceremony remain a dignified event. Susan L. Fox, 3L Charles Smouse, 3L A couple of days ago someone placed a photocopy of a NYSBar Newsletter story concerning Dennis Vacco's speaking at a Law Day Luncheon in my mailbox. The story was accompanied by a request that "we" protest at the luncheon rather than at graduation, as it would be a "more appropriate forum." While the note was verypolite, I feel I must respond. I'm not quite sure when commencement ceremonies became so important thatit was deemednot only acceptable, but a requirement that we place our personal convictionsaside for the sake of "how it would look to our parents." Canon 9 states: "A lawyer shouldavoid even theappearance ofprofessional impropriety." It does not state we should leave our convictions at the front doorof the Fine Arts Building forthe sake of appearances. Nor am I sure that our parents wouldn't enjoy a "not so traditional graduation ceremony," especially since they've been through it all before, and it is REALLY BORING. (The bestpart ofmy last graduation was making bets with one of the trustees on how many times they would have to play "Pomp and Circumstance," before all the graduates made it in to thehall. I personally feel NYS should pay trustees, if forno other reason than a compensation forthe pain and suffering of being forced to sit through all those graduations.) Grantedwe have all worked very hard to enter the world of the legal elite, and we should all feel proud of entering a profession that is gloriously honored by at least three sets of jokebooks. However, there is one important point I need to make: while you may feel uncomfortablewith my actions, it will all be over in about threehours. But when thethree hours are over for me, I'll still be a lesbian; Dennis Vacco will still be in power; I'll still have to lookover my shoulder for people who want to hurt or kill me; and I'll still face forms of discriminationyou obviously can't even begin to understand. NO, I WON'T STAY HOME. NO, I WON'TIGNORE MY SEXUALITY. NO, I WON'TSITQUIETLY INTHE CLOSETOF MY OWN PERSONAL EXISTENCE SO YOU CAN FEELMORE COMFORTABLE IN YOUR WORLD OF HETEROSEXUAL PRIVI- LEGE. I apologize if these words sound harsh. I feel I have attempted at every stage of this controversy to be fair and considerate. However, we all have our limitsand some ofyou have been stepping on my last threadof civility for weeks. Nancy Stroud,3L �April 12,1995 THE OPINION 8 NEW YORK SUMMER 1995 LOCATION INFORMATION (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) CHARLOTTESVILLE, VA Albany Law School Univ. of Michigan Law School Georgia State University Law School University of Texas Law School Boston Univ. School of Law Holiday Inn 1070 Main Street Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Univ. of Virginia CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, NH DURHAM, NC Univ. of Chicago Law School Northwestern Law School Franklin Pierce Law Center Duke Univ. School of Law ALBANY ANN ARBOR, MI ATLANTA, GA AUSTIN, TX BOSTON, MA BRIDGEPORT, CT BROOKLYN BUFFALO CAMBRIDGE, MA HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SAN FRANCISCO, CA SO. ROY ALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HUNTINGTON 2) SOUTHAMPTON SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS WILLIAMSBURG, VA 9:3OAM/I:4SPM/6PM 9:3OAM 9AM (Audio) 9AM (Audio) 9:3OAM/I:4SPM/6PM - 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM/I:4SPM/6PM 9:3OAM 9AM - Univ. of Hartford Gray Conference Center Hofstra Univ. 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Law School Days Inn Downtown 384 East Avenue Comfort Inn 425 East Rte 59 Nanuet BAR/BRI Office 332 Golden Gate Avenue Vermont Law School WNEC School of Law Wagner College Spiro Hall - - - - - Touro College of Law Southampton Inn 91 Hill Street Syracuse Univ. College of Law Ontario Driving Training Center 2301 Yonge Street Georgetown Univ. Law Center GW Law School Pace University Hayes Theatre College of William & Mary Marshall Wythe School of Law - - - - LIVE COURSE BEGINS MAY 22 ALL VIDEO LOCATIONS BEGIN MAY 30 FOR FURTHER INFORMATION PLEASE CALL (800) 4724899 BAR REVIEW 9AM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM 9:3OAM I:3OPM 9:3OAM 9:3OAM 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM 9:3OAM I:4SPM 9:3OAM 9:3OAM 9:3OAM/I:4SPM/6PM 9:3OAM 9:3OAM/6PM 9AM 9AM 6PM 9:3OAM/I:4SPM/6PM 9AM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-04-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 14 12.04.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/12/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 35 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/caf2651889a4697c183a0cfb67a7ffd6.pdf 6825efac2cb4b4a99ee7c9802b926fa3 PDF Text Text J J NEWS Guys andDolls, picturesfrom thefirst-yearreception, seepage 3 I J OP\ED Th eAdd-DropDeadlin c Bites } seepage 4 I FEATURES Don 'tjustsit there, getinvolved, see page 6 Bringing theissues to the studentssince 1949 THE OPINION Volume 36, No. 1 STATEUNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OFLAW September 20,1995 The Add/Drop Date Fiasco Students gripe about add/drop deadline coming before classes start by Charles Pittaresi, Reporter The add/drop period tor fall semester 1995, which ended Friday, Sept. B—three days before the start of law classes— has been a source ofconsternationfor many returning law students. The "add/drop" period at UB Law School purposefully coincidedwith the university as a whole. Even now, students are free to drop courses, but such voluntary resignation from a course would be signified by an "R" on their transcripts next to the course name. "I don't like it!" said Greg Miller, a second-year law student. "It's not a question offairness, it'soneof logic. Why should we be on the University's schedule for add-drop, when we're not on their class schedule? Some of the students off campus don't have physical access to the Admissions and Registration Office." Machelle Millwood, also a second-year law student, said, "Stupid. I couldn't believe it...it's totally ridiculous to cut off the add-drop period before classes start." John Gibbon, a second-year transfer student from the Albany Law School, said "The "R" shouldn't appear at all if you drop within a reasonable time." WronNg umber! Sorry, , Allison Puglisi, 2L, said, "Well then, my request is to have the ability to add after classes begin, and to have it not affect my financial aid." Nils Olsen, vice dean foracademic affairs, said, "The law school's add period has always been controlled by theuniversity's add period. Previously, our calendar allowed us to have a relatively longer add period...[this year] we started after the university \s add period ended." The later start of law classes and revised schedule made it impossible to extend the add-drop period for law students. The reason for this semester's dilemma is tied to financial aid, Olsen said. He noted the university is adamant about ensuring a proper accounting. "Adding [courses] is critical, and UB is extremely insistent, they want a deadline. If there is an extendedadd period, therecould be large numbersof students erroneously listed as part time whomay in reality be full time." The university's financial aid office compiles a database, which is searched once, afterthecut-off date, to which students are full or part time. Students achieve full time status by carrying course loads of i 2 or more credits. Olsen saidthat incases where hardship was proved, Karen Waltz, assistant dean ofadmissions and records, wouldreview each case presented, and some relief was provided. Olsen stressed that studentshad been notifiedof the add-drop period the Spring and Summer of 1995 through announcements and mailings. Still, for many students, the proof of the pudding is in the eating, and many prefer a sample before making up theirminds. Second year Jan Neumann said, "As First Years we take required courses, and that's expected. But now, we have a choice. However, it's a limitedchoice, depending on our lottery draw, and what will fit into one's schedule. You may choose a course provisionally, out of necessity. It's not until you receive a syllabus and see the professor's treatment of the material that you know if this is a course you reaily want." Olsen said it was a difficult situation this Fall, and that heis wilI ing to explore a more workableprocedure for add-drop in theSpring 1996 semester. Olsen hinted that next fall, the university will move their starting date into September, and the law school will continue with its new later starting date, so this should alleviate our current problem. Hello, it's nice to meet you Univerity at Buffalo Law School welcomes its newestfirst year class clubs*phones still on thehooks as SBA fails to pay phone hill bySam Chi, Editor-in-Chief Once riaging phones sithus tieda> student groups scramble to deal with being cut offfrom the outside world. ; SBA President George Hamboussi explained that the phonebilJ for the monthsof Fehruary and Marchoflast semes ter had not been paid, resulting tn the termination of phone servicefor law student organizations : underthe SBA umbrella. At a Student gtoup meeting last Tues[jjy.Hamrxiussicouldnolsaywhenlhephones wouldbetumedon, but he promised to seeto u i hat they would bereconnected as soon as possible. At press time the phones were still disconnected, Hamboussi admitted: the phone situationcaughthi m by surprise. *'I thought things were taken care of. expect topay bills for last/Semester," While Hamboussi's administration is responsible for thesum mer month's bilIs, he ni di cated that inthe past StudenlTelephone j Services hasallowed the SBAagraceperiod I for summer bills. The phones were turnedoffI ihissummer because there wasan outstand-i ing bill from last spring. Hamboussi estimatesthat the SBA has patd $2,300 in bad telephone bills.! Hamboussi saidthat thispayment has severly affected theSBA discretionary fundbalance. However, Hamboussi was not willing to point thefinger at last year' s administration. 'This is not a case of Elizabeth [Jewett] sayingscrew yo uor mebeing lazy," he sai d. Instead, Hamboussi explainedthatonly $700 • of the $900 bill had been encumbered last spring, so Sub-board did not pay it, Hamboussi promised that this will not happen again next year. by Sam Chi,.Editor-in-Chief Amid excitement and anxiety, 264 fresh faces grace the law classrooms of O'Brian Hall. Coming from as far away as California and Puerto Rico and as close as Buffalo and Amherst, most of the first-years said they were drawn to UBLaw because of theschool's great reputation and comparably low cost. Roughly 20% offirst year class are minorities, 49% are women, and the average age is 26. Agesrange from 20 to 56. The new students started their semester about a week before upperclass-students returnedfrom theirsummerbreaks. A week long orientation gave the first years an interdisciplinary introduction to law. The first years were put through their paces as they took classes. Although some described theirfirstweek as "grueling" or "intense," most of the firstyears are very positive about their experiences. "I like it so far," said Erin Barclay, a first-year L-R ChrisDecker, Erin Barclay andTricia Vacanli enjoy thefirstyear reception studentfrom Rochester. cases." He said that he liked it so farand that Bill Plache noted that orientation was a he really wasn't worriedabout his first year. lot of "reading, briefing, and discussion of Although mostlypositive, reaction to the law school orientation program,itself, was more mixed. was kind ot (he "[Orientation] the exuberance ot the size of their class me of implementation Despite first-years, postpones aspects disorganized. Things where ofÜBLaw's muchheraldedNew Curriculum, Although the size of the new first year class is roughly similar to the size of last year's first-year class, the coming in the mail almost 264 students enrolledfar excecdthetargeted 210. This large jumpjeopardizes achieving the low faculty to student randomly," Barclay d said. In spite of the randomratio that isoneofthe cornerstones oftheNew Curriculum. Largely to blame forthemcreasedenrollmentisSUNY ness, Barclay's friend Tricia budgetcutting. Vacanti noted that orientato the urn. Law School Dean BarryBoyer said thatbudget cuts have stymied efforts implement NewCurncul "It siowed us down a lot." In fact, money allotted to thelaw schoolfor the New Curriculum has fallen by more tion was a good timeto get to meet her classmates, "We'ye than73 percent. thesize because the The law schooladministration scrapped plans toreduce ofthefirst-year c!ass university, met only four days ago and as a whole, must keepenrollments up. Boyer saidthat i t was dangerous for state universities to reduce thenumber we're already going out [on oftheir students. "Theretsno light linkage betweenenrollments and funding," Boyer said. Headded that the the town]," Vacanti said. Vacanti, who is from Grand law school was doing its part to help the university by "putting on holdits plan to reduce enrollments." Island, said she is familiar size, he conceded that there be some effectsfrom this class said year's Although might slight ripple Boyer that faculty ratios arc ahout where they ought to be. He emphasized that thelaw school will implement as much of the New Curriculum as it can. SeeDESPTTEonixigeS enrollment more than expected �THE OPINION 2 The Early Bird gets the worm... and a SAVINGS!!!!! September 20,1995 iw liT^^^^ TOf when you register for Pieper Bar Review before November 1,1995, we will automatically give you a $200 EARLY BIRD DISCOUNT! When you lock in your price early, you will also get: - The Pieper 2 Volume set on New York and Multistate law. - The New York Appellate Alert, digesting appellate (* With $150.00 deposit only) decisions from 1984 through today. - A complete bar review course with no hidden costs. - A FREE MPRE review lecture. - The PIEPER personal touch. 1 Don't forget, the deadline is November 1, 1995. Don't be left out. Call 1-800-635-6569 today with any questions. �September 20, 1995 Summer Notes compiledby JessiwMurphy, NewsEditor Freeman Remembered University of BuffaloLaw Professor AlanFreeman diedMay 26,1995, leaving apronounced absence for bothstudents and faculty. "Alan was a valued colleague and friend, " said Nils Olsen, vice dean for academic affairs of University ofBuffalo Law School. "His articles on critical race theory were nationally renown." Freeman is survived by his wife, Uni- NEWS THE OPINION 3 Despite jitters, first-years like UB Law, continuedfrom page 1 Jody Jacksonand Brigid Lyons said they hadgood feelings about the place. They describedtheirfirst week as fabulous."Orientation was a good survey ofissues. It also let you get to know each other." Jackson said. Both women had never met each other before even though both hail from quaint East Aurora. A happy MartinCortezannounced,'!' m damn gl ad to be here." Cortez added that he was "feeling it out in theLegal Methods program." He noted thatpeople are very supportive and thathe felt at home here. He said that he came to UB despite advice otherwise from people in his nativeLos Angeles, "They said don't go over there, it's too cold." Picturedfrom left toright: Gregory Mattacola, Jennifer DeCarli,Jay Ousiovitch and . versity ofLaw ProfessorElizabeth Mensch, his daughter Jennifer, so ns James and Jeremy, stepsons Jonathon and Joshua,parents Florence and Julius, andsister, JaneLevine. Freeman and Mensch collaborated on numerousacademic articles, reviews, book chapters, books, and a text-book. Freeman earned his Bachelor's Degree from Brown University and his J.D. from New York Paige Riu.o- But orientation did not pass without a few opening week jitters. Chris Decker said that he "tried not to pay attention to the feeling that someone didn't tell me something." He, and many other first-years interviewed, admitted that they felt a certain inadequacy. Cheryl Insinga admitted that she felt a little uncertain about law school. She described it as a "field of opportunities," but notedthat she didn'tknow what particular lawrelated field shewanted to do. But shesaid that many people reassured her by telling her not to worry and that things will get better. Jen DeCarli said that she too felt a little intimidatedat first, andadded that she had to get used to the new atmosphere. "Everyone here is so focused, almost neurotic," DeCarli said. saying that "[this] is a big transition period. Greg Mattacolaechoed DeCarli's so, the same Even Mattacola said he was impressed by his plane." Everyone has to be on classmates. "Everyone here has a rich background and a great education." University Law School. "He was an exceptional teacher who taught over a broad range of subjects. He was deeply appreciated by his students; they havebeen extraordinarily I ondof him over theyears. Alanalwayswaswillingand delighted to assist others...he will be missed." Former colleagues and students will honorProfessorFreeman's memoryon Oct. 12, at 3 p.m. in theafternoon at the Student Activities Center in "A Gathering To Remember Alan Freeman." All are welcome and are encouraged to participate. Headrick Promoted to Provost As of May 3,1995, University ofBuffalo'sPresident GreinernamedThomas E. Headrick, Distinguished Service Professor at the University of Buffalo and Former Dean ofUBLaw School,to beprovost of the University. Headrick succeeded AaronN. Bloch. Headrick will serve the University community as chief academic officer, whose main job is to oversee academic units, and budget issues related to academicaffairsandappointrnents for ÜB's fifteen schools and faculties. In addition to his university duties, Headrick continues to teach law as wel 1as He is undergraduate and graduate co a published author, and his most recent scholarly workfocused on various aspects of global capital markets. BeforecomingtoUßin 1976,Headrick served as assistant dean at Stanford Law School, andwas vi cc president of academi c affairs at St. Lawrence University. urses. some information supplied by Un iverityPress Releases SBA Elections Sept 27-28 Don't forget to Vote The first-year class gets acquainted at the law school's annual orientation party held Sept. Bat the Centerfor Tomorrow. ABOVE:Picturedfromleft toright:Jody Jackson andBrigid Lyons. TO THE RIGHT: Picturedfromleft to right: Cheryl Insinga, Mara Derme, ErnstLee and Brian Remy. Law Review Honors NewAssociates by Steven Bachmann Dietz, Managing Editor The BuffaloLaw Review greeted its new associates last week withan orientation meeting, a Softball gameand a party in theirhonor. JamesW. Grable, Jr., editor in chiefof the review, congratulated the new associates at the orientation meeting and acquainted them with their new responsibilities. "The students onlawreview have demonstrated a commitment to publishing a quality journal that we hope serves its purpose as ambassador of the law school to professors, practitioners and legal scholars," said Grable after the meeting. Thereview is a student-publishedj ournal of legal scholarship that publishes articles by professors, practitioners, law studentsand other scholars of interest both to a national and local audience. The review is circulated at more than 600 law librariesand firms nationallyGrable hopes to develop the writing and research skills of the new associates. While second-year students generally have goodskills, law review provides an opportunity to perfect these skills, he said. Each new associate will be encouraged to write a scholarly essay. These essays will be completed by theendof the Spring semesterand will be eligible for selection for publication. Among otherresponsibilities of the associates are proofreading and checking the citationsof the articles submitted for publication. For the upcomingissues of the law review, Grablesaid, "I see some exciting things. We're committed to publishing fantastic, interesting articles." Some examples he cited were an article by ProfessorAlex Hurder ofVanderbilt University on Lawyer/Client Relations andan article on laborrelations in a mining town. Grable was especially enthusiastic about asymposium on thedeath penalty scheduledfor March 1-3. UBLaw Professor MarcusDubber was instrumental in putting together the symposium, Grablesaid.The speakers and location are to be announced. The 1995-96associates oftheßuffaloLaw Review Marybethßarnet Laurel Baum Valeric Curry Bradley Dana Campbell Michael Chase AbbieChessler John Collins Amanda L Meredith Gildardo Michel-Garcia Gregory T. Miller M.Rogan Morton Michelle Navin Steven Bachmann Dietz Chris Dubrule DeniseNeuhaus JohannaOreskovic Allison Fields JamesFlanders Michael Fruchler James M. Gerlach David Pfalzgraf Karen Richardson Veronica Rodriguez Kimberly Hayes ShirinSaks Jeremy Schulman Nicholas Smith Jeffrey Stravino ColmanWelby Laurence Horvath Craig Hurley-Leslie Steven Laprade Kathryn X.Lee Lisa Maslow Craig Matanle KatharineE.Wolff ■■X.inl i. .Wii...i ir ■7mi7 FALL 1995 PUBLICATIONSCHEDULE Volume N0.#36 Issue #: Submission Deadline: Issue Out No. 4 Oct. 30 (Fri. Oct 31 (Tues.) No. 5 Nov. 10 (Fri.) Nov. 13 (Tues.) No. 6 Nov. 22 (Fri.) Nov. 29 (Tues.) Note: The Opinion is the official newspaper ofthe University atBuffalo School ofLaw andpublishes twice a month during theFall and Spring semesters. Deadlines are firm and late submissions are subject to the publishing discretion ofthe EditorialBoard ofThe Opinion. �EDITORIAL THE OPINION 4 tfST OPINION ia vr w i Volume No. 11 36, Founded 1949 September 20, 1995 A+ R, SHACKLES - c ninn<: September 20,1995 Steven Bachman Dietz Managing Editor Samuel S. Chi Editor-in-Chief EDITORIAL: A&R? What a Bummer! Admissions and Records had some good news and bad news for returning second year and third year students this semester. The good news was that they didn 't have to start until September 11. Most, however, did not fully grasp the bad news until they started classes. Students drop classes for many legitimate reasons after thesemester begins. Somefind the courses don'tresemble the course description. Some find they have a problem with the professor. Some find the course schedule conflicts with work commitments or there is a time change that make it inconvenient or impossible to attend. But no matter how legitimate the reason, the answer from thelaw school administration and Admissions and Records can be summed up in two words: "too bad." These students are faced with a Hobson 's choice: either see the unwanted course through to completion or drop the course and receive a "R". Admissions and Records set the last day to drop classes at Sept. 8. Thereason given for this mess was that financial aid deadlines dictated that all student schedules be final by that date. We feel that if the administration and Admissions andRecords were aware of these deadlines, they should have taken more careful when formulating the schedule. Instead, students are now paying the price for the administration's short- sightedness. Furthermore, Admissions and Records shouldbereminded that they are here to serve the students and not vice versa. SBA not off the Hook We wouldn't be doing our jobif we didn't call the SBA on the phone fiasco. Many student groups, including The Opinion, have been hindered by the phonesbeing out ofservice. If the SBA can't even pay its phone bills, we have to wonder how effective they will be. Hopefully, theHamboussi administration will learn from their mistakes and will be more attentive to studentneeds. Times' and Post's printing of unibomber's manifesto Giving in to terrorists is never the solution. Agreeing to print the mad man's manifesto will only encourage others to dothe same. Nevertheless, we shouldremember that any deaths or destructioncaused by the unibomber is soley the fault of the unibomber ~ the press is not responsible no matter how convenient it may be to blame them. STAFF Business Manager: Lisa C. Nasiak Production Manager David Zamiello News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski ArtDirector: LenOpanashuk 6 . Perspectives A living wage by DianeLorenc-Mathers, 2L After working this past summer for minimum wage, I would like to entreat efforts to raise it. I know thatthere are many ofyou out there who were fortunate enough to land paid law jobs this summer. I am really glad for you. But all I ask is that you remember how lucky you were comparedto the rest of us who did not have the good fortune or theessential Gatsbian "gonnections." Most of us—well, at least some of ushave known whatit is like to work a minimum wagejob. We eitherdidit through highschool, college, or both. For those of us who were forced to work one through graduate school, however, the experience was particularly humiliating. We "paid our dues" to achieve our undergraduate degrees, and now this is what society tells us we are qualified for. We cannot land a "professional" job because employers know (unless we lie) weare students returning to school full-time in the fall; it is not in their best interest to hire someone for suchan importantposition justfor the summer. Besides, justthink ofall thetime itwouldtakejusttotrainus! And so, unless we have been able to do the indispensable "networking," we are left to the mercy of the minimum wage slave lords. I call them that because that is what they are. I submitthat I have never worked harder and underless dignified conditions thanI did this past summer. It is not important to know the name of the company—they are all the same. Their main objective is to incur the greatest profit while meting out the smallest wages. Now, they do not give out trivial wages Assistant editors:Features: Dan Killelea; Photo: John Gasper. Senior editors: Evan Baranoff and Peter Zummo. Computerconsultant: Peter Beadle The Opinionis a nun-profit, independent,student-owned and run publicalionfundedhvlheSßAfromstudenllaw fees. The Opinion. SUNYAt Buffalo Am herstCamnus,724JohnLordO'BrianHall,Buffalo.New Yorkl426Q(716)645- -2147. The Opinion is puhlished every two weeks during the Fall and Spring semesters. It is thestudent newspaper of theSlate University ofNew Yorkat Buffalo School ofLaw. Copyright 1995byThe Opinion. SBA. Anyreproduction of materials herein is strictly prohibited without the express consent of theEditors. Submission deadlines forletters to ihe editorand Perspectives are 5 p.m. on the Fridayprecedingpublication. Advertisingdeadlinesare 6p.m. on the Friday preceding publication. Submissions may eilhcrhe sent loTheOptnionallheahove noted address, dropped off underTheOpinionoffice door (room 724 o'Brian Hall), or placed in Box #10or #280 on the third tloor ofO'Brian Hall. All copy must be typed, doubled-spaced,and submitted onpaperandonacomputerdisk (IBM-WordPerfect). Letters are bestwhen writtenas a part of a dialogue and must he no more than two pages double-spaced. Perspectives are generally opinion articles concerninglopics of interest to Ihe law school community and must be no more than fourpages double-spaced. The Opinionreads and appreciates every letter and Perspective we receive: wereserve the right toedit any and all submissions forspace as necessary and also forlibelous content. The Opinion will nol publishunsigned submissions. We will return your disksto your campus mailbox or lo a private mailbox ifa self-addressed stamped envelope is provided. The Opinion isdedicated to providea forum for the free exchange ofideas. As a result, the views expressed inthis newspaper are not necessarily those of theEditors or Staff ofThe Opinion. "Congress shallmake no law ....abridging thefreedom ofspeech, or ofthepress;..." The First Amendment — because that is what we deserve. Rather, they give out minimal wages because they can. I guarantee you that the people I worked with this summer, including myself, workedharder than many who were well compensated. I cannot picture a high paid executive enduring the labor; he would have surely quit after the first hour, perhaps even sooner. He might very well go mad after being worked to death all week, orderedaround by superiors as if he were their slave, and then ultimately receive nothing more than a grotesquely insulting pittance theslavelordshave the audacity to call a salary. Further, I wouldlike to call attention to whoitis that are generally working thesewage slavery jobs: retired persons, homemakers, students, women and minorities. It does not appear to be a coincidence that those who are disrespected and devalued in this society are the ones suffering this humiliation. Minimum wage as it standsis completely unjust and insulting. Itis not possible for two persons working at minimum wage to afford the basics, let alone get ahead, even though they may be working extremely hard. Itis unfair that two persons living together on welfare are able to bring home more cash and enjoy a better quality of life. Look, if we as a society are truly serious about wanting people to get off welfare and work, we cannotmake it so that people can earn more ifthey stay homeand have more babies instead ofworking themselves to thebone at a minimum wagejob. It would be sheer idiocy to choose the latter. We've heardabout welfare recipient's rights—what about workers' rights? You cannot have people working extremely hard and still unable to make do. Unless ofcourse you're i nterested in a society full of miserable people. Hence, when youfind yourselfin a positionofpower,asoneday you veryprobably will, I entreat you to do you can to help the people whotoilwithout dignity—people who are disrespected devalued, and worked to deathfor a mere pathetic pittance. I know I will, because at one time I was one ofthem. Itis only because ofgood fortune that I may not have to continue being one of them, but that does not mean thatI can forget about them or theirplight. And neithershould you. Tell us your opinion! If you have an opinionon anythingpublished in our newspaper or on any current events topic that concerns the law school community, writeThe Opinion. All submissions are due the Friday before we publish. Your submission must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfects 1 format). The Opinionreserves therijght to edit any and all submissions forspaceas neces* sary andalso forlibelous content; wewill not publish any urtslgnedsubmissions. Servdyout submissions to The Opinion office or place them in box 640. �OP/ED September 20, 1995 THE OPINION 5 Opinion Mailbox LETTER TO THE CLASS OF '98 FROM DEAN BARRY BOYER Congratulations to our entering class of '98, and welcome from the faculty, staff, and returning students ofUB Law School. You're entering the legal profession at a time of great structural change, and those -- Some of what you're seeing now in the first- society. During the next years, all of us students, faculty and staff—will be working to find out whichof theseroles makes sense for you. Make the most of this opportunity by staying involved insideand outside theclass- year curriculum embodies this philosophy, including the new "Introduction to Law" course, which was suggestedby student members of the Planning Committee as a way to changes are being reflected in our curriculum. give beginning law students a better conceptuYou' 11 hear a lotof discussionover the next few al overview of the legal system. The expanded Research and Writingproyears about theNew Curriculum, as we move ahead with detai1ed pians to upgrade ourcourse gramalso requires students to apply theanalytical skills developed in the core course in offerings. The basic idea animating these changes producing lawyer's work products. And after is simple: students will learn better in law the holiday intercession, you will return to a school, and perform better after they graduate, "Bridge Course" that will highlight theinterifthey follow a program of study that integrates connectionsamong legal skills, policy analyconceptual and analytic understanding of the sis and substantive law. Integration of theory and practice takes law withhands-on experience in performing place outsidethe curriculum, as well, and UB thekind of work that lawyers do. law provides a wealth of opportunities to learn The traditionaldistinctionbetween"theory" and "practice" implied that students more about the profession you're entering. Student organizations pursue a great vawould master legal theory in law school, then pick up the practical skills they needed from riety of interests, edit journalsand magazines, perform public service, and create networks of mentors and colleagues after graduation. Wethink thatthis approach is outmoded friendship and support. The Career Developfor two reasons. First, the changing structure ment Office conducts programs about particuand economicsoflaw practice are reducing the larfields ofpractice or government serviceand opportunities for leisurely on-the-job skills the Law Alumni Association sponsors a varitraining. This means thatstudents who don't ety of eventswhere you can meet with lawyers develop their skills adequately in law school from very diversebackgrounds. Next month, for example, there wil 1be a will face an increasingly difficulttransition to party for our young alumni organization, the practice. GOLD Group, to kick offhomecoming weekMore fundamentally, however, itis misleading to try to build a wall between theory end on October 12. On October 28, theAssoand practice. Virtually every work activity of ciation will holdits annual convocation at the lawyers has or should have—some"theory" Center for the Arts, featuring a training proassociated with it; and every theory worthy of gram onelder care law, andan awards 1uncheon the name potentially informs (and transforms) to recognize a distinguished alumnus, Since you're already membersoftheAlumniAssothe daily activities that comprise a "pracciation, you will be very welcome at these tice." events. in have to both halves together put You One of the great attractions of law as a order to become a complete lawyer, and the first year oflaw school is not too soon to start. career is that lawyers play many roles in room. I hope that all of you have a great experience at UB Law School, and as lawyers. Journal ofAffordable Housing and Community Development Seeks Student Editors Last year UBLaw School was selected to co-sponsor the publication of theJournalojAffordableHousing and CommunityDevelopmentLaw with theAmericanßarAssociation. The Journalispublished quarterly and includes articles written bypracticing lawyers, academics and UBLaw students. PhilHalpern andTomDisare are thefaculty advisors to the Journal, and JudySagerHernandezandJasonYots are theExecutive Editorsfor the upcomingacademic year. Journalparticipationprovides an opportunity to hone research, writing, andeditorial skills, while affording insight into an interestingand expanding specializedpractice niche. A ny second or thirdyear student interested in becoming a studenteditorshould submit a written statement ofinterest to the Clinic office in room 506 on orprior to September 28. — Dear First Year Student: Welcome to law school! Chances are that your first year oflaw school will be a bit overwhelming. And the stories you've heard about briefing cases, all night study sessions and the Socratic method don't make things any better. But rest assured, there is a way to make your first year oflaw school a little bit easier - bar/bri's First Year Review Program. The secret to success in your first year oflaw school is in understanding the "big picture" and being able to fit loosely constructed principles of law together in a meaningful way. As a first year student you need an experienced guide to cut through the fog of details created by casebooks, hornbooks and class notes. BAR/BRl's Power of Experience" is your guide. The First Year Review Program. nationwide, rtYOfXIAI A\l\lV r~\ I more than 15,000 students nationwide. This program includes: \ IIT k«V\ ■ The First Year ReviewBook (picturedlefv \1 \ V (Vjj lTlli(j|ll U \r\\fi\\.\\ ■ Constitutional Law Outline ■ First Year Essay Exams with Model Answers 11 ■ True/FalseQuestions with Explanatory Answers ffij DM? fEt HCI Last year, BAR/BRl's First Year Reyiew program was relied upon by II iar lts\ Yy /gal If HI l/TH ■ First Year Chart Supplement MB/WBWfxc/us/ve.'J HI WifIJB-l/ ifM Hi lliniiunf H fll nHi II ■fu. VjKrAvUHr 11 fILV ' ■ Flnal Exam Review lectures HI ■ Exam Writing Technique Lecture ■ StudySmart" Computer Software A Freeze on your BAR/BRi TuitionSaveSSSS! " Active law school ■ bar/bri Membership throughout ■ bar/bri Bulletins of updated Information ' ■ ■ □ CIVIL PROCEDURE □ CONTRACTS J AND ANSWERS I We look forward to helping you maximize your first year grades. I I The Power of Experience" (800) 472-8899 NY Office (800) 866-7277 MA Office �September 20,1995 6 FEATURES FEATURES THEOPINION Participation Counts! The CareerDevelopment Office recommends students get active to build their resumes By SaraAnne Meersc, Career Development Office Extracurricular activities are an important part of a student's law school experience, andyour participation can be a first step towardbuilding yourcredentials. Through participation, students have the opportunity for personal, educational, and professional development. How? First, it is a chance to meet fellow students withsimilar interests. Second, activities allow you toobtain exposure to law outside of the classroom. Finally, you can gain work-related experience (always helpful on a resume). UB Law offers its students a wide variety of student activities from which to choose and, withrare exception, all are open to 1L's. We at CDO urge you to explore and join an activity or two or three... Ifyour interestslie in clientadvocaand cy community education, there are four task forces on campus. Each addresses a specific substantive issue: farmworkers'rights (Farmworkers Task Force), prisoners'rights (Prisoners Task Force), the rights of battered women (Domestic Violence Task Force), and the rights of homeless persons (Homeless Task Force). If you prefer research and writing, there are several law journals, a student newspaper (The Opinion),and two moot court organizations. The lawjournals on campas include: Buffalo Environmental Law Journal, Buffalo Journal ofInternational Law, Buffalo Journal of Public Interest Law, Buffalo Law Review, and Circles: The Women's Law Journal on Law and Social Policy. The two moot andBisexual Law Students Association, the Medical-Legal Society, the National Lawyer's Guild, the Native American Law Student Association, the Patent Law Society, Phi Alpha Delta Fraternity, Phi Delta Phi Fraternity, the Sports and Entertainment Law Society, Students of Law for Animal Rights (SOLAR), and the Law and Technology Issues Society (LATIS). Finally, if you're interested in government or developing your leadership skills, join the Student Bar Association (SBA). All told, becomeinvolved. Join one or (if your staminapermits) more of these groups. Get to know your fellow law students(consider it yourfirst "networking" experience). Learn about different areas of the lawand decidewhether or not you want to continue in a specific career track. Law school is a time to try new things, why not start withastudent group? These associations and activities are here for you. Sara Anne Meerse is the Graduate Assistant for Public Practice, Career Development Office court teams, Jessup and Desmond, each hold annual competitions and require participants to submit a brief in addition to presenting oral arguments. Ifyou are a IL, you will be eligible to compete in the spring Jessup competition. Watchfor the notices later in the year. In addition, there are student groups that provide support networks, holdfund raisers, invite outside speakers to campus, and offer forums to discuss specific issues. These groups include: theAsian AmericanLaw Students Association, Ihe Association of Women'sLaw Students, theBlackLaw Students Association, the BuffaloEnvironmentalLaw Society, the Buffalo Public InterestLaw Program, the Christian Legal Society, the Federalist Society, the International Law Society, theLabor and Employment Law Association, theLatin AmericanLaw Students Association, theLaw and Social Work Committee, theLaw Students for Corporate Accountability, the Lesbian, Gay Get Involved Join the Opinion Probative,Timely, Controversial, Beer.... Ifinterested, drop a note in box 640, orstop by room 724 AlumniEncounter: Norman Viti '89: Find out what you love and do it! by Mike Chase, Features Editor Mostof us don't have a clue about what to do after law school, but Norm Viti '89 always knew he wanted to be a trial lawyer. Viti, currently the head personal injury litigator at theAmherst firm Corey J. Hogan andAssociates, has held a few differentpositionssince leaving U.B. Law. Each has added to his skilis as an attorney, but his satisfaction at each post dependedon how much time he spent in the courtroom. "If I weren't doing trial work, I wouldn'tbe a lawyer. I enjoy tryingcases more thananything," asserts the U.B. alum. Viti lives in Buffalo with his wife, Susan (another U.B. Law alum), and their 13 month-old daughter, Alex. He has lived"all over the place," including Syracuse, New York Cily, and Boston, but has remained m Buffalo since earning his J.D. He attendedLeMoyne CollegeinSyracusewherehesUidiedIndustrial Labor Relations, English, and Philosophy. He came to U.B. with the firm belief that, simply, "it's a very good law school. U.B. gives you agreat education at a very good value." You won't find any complaints about his alma mater from (his former law review and moot court standout. "The professors were very good generally accessible," says Viti He found torts and criminal law to be most fascinating, along with trial technique and evidence. "Birzon really knows his Stuff." And. Vili was quite impressed with the clinic program. "The clinics are excellent because they get people into ihe community who want to be lawyers, and they help the cominunily at Ihe same time." Viti startedhis professional career at a small personal injury firm downtown, but.soon movedon loaninsurance - York City. Rotation programs are great because you learn fasi what you don't want to do. I pretty much knew defense firm. "I enjoyed the negligence work, the bigger and more complex cases. But, I was impatient to get into the courtroom." So. soon afterward. Viti moved to the Erie County District Attorney 's Office, where he prosecuted cases for five years. "I loved the DA's office because you could work as hard as you wanled to take as many cases as you wanted. Most importantly, I received considerable trial experience in a short period of time. "I suggest to all students to gel as much experience as possible totlndoui what you want lo do. I worked one Ei attributes his recent move to ite sector to his desire to be an 1for "regular people. I like to Dlewhohavebeenhurt. Hike to have people depend on me to help them i n times of need." But even this experienced litigator still loves the thrill of the sport. "Hove therisks andrewards of the profession. I like thatfeeling ofliving on theedge. I'm not a gambler, though. Ifyou work hard and have skill, you will increase your chances." What would Viti do if he weren't a lawyer? "Probably fly jetsor race cars. I love speed. I love to be where the action is... I like what I do, though, or I wouldn'tbe doing it." One obstacle that Viti sees on the horizon, bound to affect many futurelawyers, is the growing call for tortreform. "I think that those who want to take away opportunities for tort victims to recover for their losses are doing a disservice to the citizenry. The system, if allowed to function with strong judgesand good advocates, works fine. They have their political agenda and no factual data to support [the needforreform.] Don't take power away from juries." As hard as this advocate works, though, Viti still considers his greatest accomplishment since leaving U.B.law to be his successful marriage and heal thy baby girl. His ties to the school ure still strong, as well. "1 hope someday to perhaps teach Trial Technique, maybe give something back to the school." In this weeks FEATURES - Roaming Photographer Columnist DanKillelea �THE OPINION FEATURES The Roaming Photographer September 20, 1995 7 Feature Column Dan Killelea Columnist Who wrote that book? by Leonard Opanash uh, ArtDirector This week's question is. .. What did you do this summer? Scan Shannon, 2L "I workedfor WestchesterPutnam Legal Services, paid through BPILP." Anne Graff, 2L "I didplaintiffs, real estate, and litigation workfor Robinson & Rossi." When I lookback onmy life, on my mountain ofachievements and experiences,I see a common thread tying it all together. I realize that everything I ever really needed to know I learned in First Year. Be nice. You never know when yours will be the answer chosen for ridicule by the professor, and every person you've ever laughed at in class decides it's payback time. And you can take it from me, that can be a pretty unpleasant experience. Don'thit. Did you know that you can be suedj ust for raising your fist at someone? It's true- I think they call itassault or something, but I didn't dotoo well in torts so I can't be sure of that. But I'm pretty sure. Take a nap in theafternoon. Nobody ever gets enough sleep in law school, and I'vefound thatanap can really take the edge off of a rough class schedule. Justbesure to wait until after the professor takes attendance, because that's usually when they're looking right at you. Hold hands crossing the street. If you're walking with a friend, and they get hit by a car when you should've been holding their handand looking out for them, they can probably sue you for failure to warn, or negligence, or intentional infliction ofemotional distress. At throughO'Brian. least that's what I woulddo. Shareyourtoys. There'snothing worse than being the only person in the library without a laptop, so it's good to offer others the chance to play solitarewhen you're not using yours. Don't talk to strangers. Upperclassmen tend to think that they're the cat's meow just because they don'thave to dohomework anymore, so they can be a little on the snooty side. If you needdirections or advice or something, it's probably best to justaskoneof the undergradspassing Don't speak out of turn. If there's one thing about good manners everyone ought to know, it's don't ask the professor any questions with 5 minutes or less remaining in class. Most people won't even bother to listen to your question, and will begin snapping their binder rings, or those of a friend. Many will be angry and say mean things. Some might even throw a book at you. Be sureyour shoes are always tied. It can really ruin your sociallife to go down in front of an audience in Room 106.JustaskmyfriendMike. Raise your hand if you have to go to the bathroom. Nothing beats a round of applause to pick up a sagging sense of self-esteem, and that\sj ust whatyou can expect after telling the professor of yourpressing need. The professors here are so nice that they might even ask you how everything went when you get back. And of course, remember to always wear clean underwear. No, wait...l think that's one I learned in college. Still, it's pretty important. Shouldyou makeit through your wholefirst year without learning any of this, don'tpanic. There'll be plenty oftime next summer to pick upon whateveryou need to know. Either way, you'll probably be wayaheadof me. Harvey Siegel,3L "/ worked on a project for theLawyer's Assistance Program, moshed atLollapaloozaand joinedan industrial band." AlfredoAcevedo,2L "I did human rights workfor the Centerfor Constitutional Rights. " Caroline Hooper,2L "/ worked at the DA's office downtownand sat secondchair in a burglary and assault case. " Until next time. .. ATTENTION SECOND AND THIRD YEARS ANNOUNCING THE 1995 JESSUP INTRAMURAL COMPETITION Sept. 20 General Interest Meeting in room 106 @ 4:30 p.m. Sept. 21 Competition Packet distribution begins at Law School Bookstore cost approx. $2.20 — Sept. 27 Letter of Intent due in Box 140 by noon Oct. 2 Written questions due in Jessup Office, Room 607 by noon (slide under door if necessary) Oct. 2 Answers to written questions posted outside Jessup Office Oct. 2 Sign up sheets for Practice and Competition Rounds go up outside Jessup Office, Room 607 Oct. 5-6 Practice rounds Oct. 10-12 Competition Round #1 and Round #2 Oct. 18 Competition results posted outside Jessup Office The competition will consist of two (2) oral rounds. There is no writing requirement. The top four (4) people after two rounds will be selected to travel to either New York or Washington D.C. to represent U.B. Law at a Regional Jessup Competition in February. The winners of all regional competitions throughout the world will then meet in Washington D.C. to compete against each other for the World Championship in March. If you have any questions please contact James Krah, Intramural Director, box 140. �THE OPINION 8 September 20,1995 The First Annual BARRISTER'S Bowi: I RULES: ■ Competition is open lo all v students X XVIZJIJ Q attending law schools in New York Slate. ™rSt aCe Team SBA Receives $2,500 Cash Award Each Participant Receives $1,000 Cash Award ■ Each school will be represented by two 3-person teams. ■ ■ ■ " . .• Q 'ions lest general and legal k, owicdgc. ~ ~ _ ' ' , Second Place Team . ~, matches consist, of two ~5-minute All , , halves of toss up, bonus and final questions. SBA Receives $1,000 Cash Award ezr>r,rhud,d $500 Participant Receives Each Cashv* Awardj Teams will compete in single elimination rounds wilh the winners advancing to the next round. SBA Receives $500 Cash Award Each Participant Receives $250 Cash Award Regional competition commences November5, 1995. _ ■ Quarter-, ,_ semi- and final .... rounds will be held in New York City. Third/Fourth Place Team . All members of teams competing in inter-school matches who do not reach the quarter-, semi- and final rounds receive a $100 New York BAR/BRI Bar Review Course discount. ■ Registration in BAR/BRI is not Sponsored lr squired. m For more information, contact your Student Bar Association, your BAR/BRI Representatives or call BAR/BRI al (800) 472-8899. f~j / '"] /CN/^Z7/~7/Vu^^^h^M \DMj Jl Id Jf M V y ~ The Power of Experience" BAR/BRI LAST YEAR AWARDED MORE THAN $150,000 IN FINANCIAL AID SCHOLARSHIPS THIS YEAR BAR/BRI WILL AWARD UP TO $250,000 IN SCHOLARSHIPS TO 1996 GRADS THROUGHOUT THE NORTHEAST (800)472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-09-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 20.09.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/20/1995 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/af35357c6ad8797a236c7fdc28e5d78a.pdf 95b22d0e7c6f890f7dc8454be377db51 PDF Text Text SpecialAddition Bringing theissues to the studentssince 1949 THE OPINION Volume 36, No. la STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW September26,1995 Candidate Statements SBA Class Rep. Elections Tomorrow Students to Vote for SBA Class Representatives Prudence Funs Candidates anything else to do, feel free to read this statement as often as you like. I have a few reasons for running for this position that I would like to mention. In the First years Timßenedict CherlyAnnßerzer Sarah Braen Shantelle Hughes Michelle Jaros* GregMattacola JudyNocelta IdaComerford* AmyDuVall SteveSalob* Second years A Ifredo A cevedo Mikeßeclcelman PrudenceFung Craig Hurley-Leslie BariLevant JulieRosenberg Third years SaraHemmeter* DanielWerner* Robert Smith* * Did not submit candidate statements 2LCandidates Alfredo Acevedo ter. After all, this is the timewhen we have to 1earn how to put onpaper in 3 hours what taken us four months to cover in class. As a Class Director, I will see to it that theneedfor extended library hours during final exams is met. If you support this measure, please join my candidacy by voting for me as your class director. Thank you inadvance for any other suport you may provide to me. Mike Beckelman I have decidedto run for ClassDriector in part because as a first-year student I encourntered serious difficulties in trying to find a place to study during final exams. As someone who lives in the Residence Halls here at Buffalo, I can assure you that it is nearly impossible to find a quiet place in the dorms to study. While our law library is a very good place to study, last year the law library hours during final exams were only extended for an addtional hourduringweekdays. Ihavediscovered that some students living off-campus are also interested in having the library hours extended during thiscrucial timeof the semes- I' m sure thateveryone reading this paper has plenty more statements to read or other work to do, so I will try to keep this as briefas possible. For those of you that don't have past, there were instances where members of the SBA were also members ofother student organizations. I want to state right now that I fully believe that people shouldbe members of as many organizations possible. The activities outside class, whether related to law, culture or purely for leisure, are whatmakes it possible for us to get through our academic nightmare. But, being on the SBA is entirely differentfrom being involved in any other organization. Those on the SBA have the power to fund other organizations. Essentially, the SBA has the ability to allow other organizations to survive or perish. The people on the SBA need to be impartial and not "voting lobbyists." The votes rendered need not be what is best for the voter, but for what is in thebest interest of the entirestudentbody. In any legislativebody in the country, ifthere is any impression ofimpartiality, the voting member should recuse himself from any vote on that matter or sever ties withthe source of the impartiality. In the case of the student bar, it is not possible to sever these ties, but it is possible to recuse yourself from votes where you can't be impartial. I don't recall this happening often or at all in the past. If elected, I plan to hear theviewsof thestudent body, to theextent possible, and to then vote in the way I believe is in the best interest in the school as a whole. I also think that there is not enough of a bondbetween thestudentsof theschool. There are plenty of small groups of friends, but rarely doestheschoolplan functions as awhole. Last year the SBA planned a Spring Semi-Formal and that was a good start. It is important for this year's SBA to continue the initiativetaken by its predecessors. Many fear thatthe SBA spends too much money on social functions and thatthe money should go to the organizations that the SBA funds. I think that the SBA can plan smaller scale functions where thosewho want to participate pay on there own. Without some central organization planning theseactivities, we will be stuck at the status quo. Being in the law school for as long as we all are each day, it shouldbe funand educational. We'll all get more out of school if being in the building is made more bearable. I also have many other issues that I interest me, if any one wants to discussthis further, feelfree to stop me in thehalls or to leave a note in mybox and I'll gladly discuss themwithyou. If elected, I will always welcome any questionsor comments from the class. After all, the SBA is there for thestudents and its members and issues shouldbeaccessible to thestudents. Hi! My name is Prudence Fung. Many of know me as Prue. As you may already you know, I'm running forsecondyear class director. We allrealize that the purpose of SBA is to meet the needs of the students and to help everyone get the most out oflaw school. Now you probably would like to know how I can contribute to this. L' 11 be honestwithyou. I have never been directly involved with student government. However, I do not feel that prior experience necessarily determines the most qualified candidate. In the past, I have fully dedicated myself to every endeavor I have pursued. If elected, I expectto directthat same energy and passion into representing the class of 1997. Now that one full year of law school is behind us, we are in a betterposition to present realistic concerns about oureducation and our life at UB School of Law. My goal in this respect is to earnestly listen and become your voice in SBA, ensuring bettercommunication between you and the law school administration. For example, I am i nterested in i mproving relations between law students and Admissions andRecords. Many students have complained of difficultieswhen dealing withA&R. Improved contact withthisoffice may help our law school experience run more smoothly. So, when you cast yourbal lot on Tuesday or Wednesday, make the prudent choice: Vote for PRUDENCE FUNG! Each class elects six representatives Elections are Wed. andThurs. Photos by Molly Kociacski and John Gasper �SE Eelpecctiiaoln dition THE OPINION 2 OPINION ■■ i ir M Volume 36, No. I1 \/ Founded 1949 Samuel S. Chi Editor-in-Chief I September 26, 1995 Bari Levant . __ September 20,1995 0 ~_ Steven Bachman Dietz Managing Editor STAFF Business Manager: Lisa C. Nasiak Productiqn Manager I. B. Vacant News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski ArtDirector: LenOpanashuk Assistant editors: Features: Dan Killelea; Photo: John Gasper. Senior editors: EvanBaranoff and Peter Zummo. Computerconsultant: Peter Beadle TheCtfMnion is anon-profit, independent, student-ownedand runpublicalion fundedby ihe SBAfrom student law fees. TJieOriinJon.SUNYAt Buffalo AmherslCampus,724 John LordO'BrianHall.Buffalo, New York 14260(716)645- -2147. The Opinion is published every twoweeks during the Fall and Springsemesters. It is thesludent newspaper of the State Universily of NewYork at Buffalo School ofLaw. Copyright 1995byThe Opinion. SBA. Any reproduction ofmaterials herein is strictlyprohibited without theexpress consent of theEditors. Submission deadlinesfor letters to the editorand Perspectives are 5p.m. on the Friday preceding publication. Advertising deadlines are6p.m. on the Friday preceding publication. Submissions mayeither he sent toThe Opinion at theabove noted address, dropped off underTheOpinionoffice door (room 7240'Brian Hall),orplaced in Box#loor#2Boon Ihe third floor ofO'Brian Hall. All copy mustbe typed, doubled-spaced,andsubmittedonpaperandonacomputerdisk(lßM-WordPerfect).Lettersarebestwhenwrittenasa part of a dialogue and must be no more than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and mustbe no more than fourpages double-spaced. The Opinionreads and appreciates every letterand Perspective we receive; wereserve the right toedit anyand all submissions for space as necessary and also forlibelous content.The Opinionwill notpublish unsigned submissions. We willreturn your disks to your campus mailbox or to a private mailbox ifaself-addressedstampedenvelopeis provided. The Opinion is dedicated to provide a forum for the free exchangeofideas. As aresult, the viewsexpressed in this newspaper arenot necessarily those of theEditors or Staff ofThe Opinion. "Congress shallmake no law....abridging thefreedom ofspeech, or ofthepress;..." -- TheFirst Amendment Craig Hurley-Leslie Photo Unavailable I despisepolitics and political campaigns. You might as wellknow thatbeforeyou goany further. I am not going to sugar-coat my personal viewsor pander to particular groups to gain their favor. Those of you who already know me will understand immediately; and I hope the rest of you will read along at least a little further. A couple of years ago I could have said I view an election as a contract between the representative and his or herelectorate. Unfortunately, thepolitical connotations oftheword 'contract' have become polarized. Pushing aside this connotation for the moment, I want to fashion a kindof contract or agreement with you. (Although a local authority on contracts will likely shake his head in anguish and conclude I have missed the point altogether because contracts are not only dead but also boring.) Insteadof calling it a contract, I will call it an agreement of representation. Let us agree first that the SBA exists to represent the interests ofall law studentshere atUB. All means all. The SBA Board should reflect our diverse student body, and should encourage thecultivationof diversity withthe law school. There is no room for intolerance in our law school and the SBA should take an activerole to combat any manifestations which threaten the civility and mutual respect upon which our effective functioning as an academic institution depends. Second, let us agree that the SBA needs to improve channels of communication. I rememberreceivingseveral SBA newsletters last year and then they were suddenly discontinued.The SBA needs to communicate more, not less. Representatives shouldbeaccessible and available to discuss problems and concerns. Once the SBA is aware thatthere is an issue that needs to be addressed; it should become a priority to make sure it reaches the right ears in theadministration. Finally, once the administration is consultedand some resolution or result is achieved; thestudents need to know whathas transpired. The SBA should play a vitalrole in closing the circuit of communication betweenstudents and theadminis- tration. Third,we shouldagree thatthe SBA will work efficiently. Phone bills should be paid. PIN numbers should be matched to the Wegman's credit card to which they correspond. Public records shouldbe kept to ensure thatthe SBAis doing its jobproperly. Officers and Board members should work together to ensure that the SBA functions smoothly. It does not inspire confidence to see our student government in disarray. (To be fair to new officers, they inheritedmanyof the headaches they have had to resolve so far this year. One goal ofthe coming year shouldbe to makesure these headaches do not recur.) The problems incommunication, operation and administrationshouldbe locatedand fixed. Period. Finally, we should agree that this list is non-exhaustive. I consider the three areas outlined above as a foundation upon which the rest of the work of the SBA must build. Be fostering academic tolerance and mutual respect, facilitating improved communication and ensuring internal functions are performed efficiently, the SBA will be a more effective voice for all students. When tolerance and mutual respect are encouraged, diversity will be nurtured and individuality valuedinsteadof marginalized. When suggestions are acted upon and visibleresults achieved, more suggestions will follow. When the SBA runs smoothly, we will all be able to rely upon the organization to be therefor us whenwe need the SBA's assistance. If you have stuck with me this far, you probably share, or are sympathetic to, these beliefs. I hope that you will give me the opportunity to represent yourbeliefs as an SBA representative. Even if you do not, I urge you to vote in theelections andselect someone that you dofeel comfortable with to represent you interests. By getting involved you will help make our student government and our law school a stronger and more vital institution. Hi, I won't take up much of your time, si nee thatis the one thing no oneseems to have. What everyone doeshave is ideas. Indeas on how to improve our timehere. These ideas may range from academics, better lighting in the li brary and extending the add/drop deadl i ne so it works with the new calendar, even to the aesthetics of O'Brian Hall. We have a great resouce in our alumni. Last year a StudentAlumni Committeee was started. Athough it never got off the ground, it is worth reviving. Also worthrepeating is theLaw School Community Day. Last year this sucessful event was in conjuction with Habitat for Humanity. I heard only positive reviews from those who attended (including myself) and requests for more suchevents. Asfor your socialcalendars, theSBA can throw a good party, like theendof first semester party last year. Now that we are out of sections it is time to meet those other people. I carry with me my experience as an undergraduate. I ran a sports club on campus as well as the organization in charge of all the clubs. I have developed budgets, dealt with administration, and effectively handled those little problems that always seem to arise. As promised I have kept this shrot. I end withwishing everyone a good year. Good luck and remember to vote. Thanks. JulieRosenberg am notpromisingamajoroverhaul because we all know that sadly we do not have thatkind of money in our budget. However, I do plan on trying to get new furniture for the lobby, and possibly even fixing up the student lounge for thoseofyou who have "librarophobia" as I do. And what about the carpets in the classrooms, are they waiting for someone to fall down the stairs so we can all put our first-year tort knowledge to the test? About the budget(yet another great segway...), I would like to do my part to put an end to the often inequitable fund distribution that takes place. I think that all organizations deserve to have their budgeting needs equally evaluated. There are many organizations out there, which may be smaller or newer than others, but deserve just as much attention, because they do just as much good as some of those bigger organizations. As yourrepresentativeyou can be assured thatI am not going to be used as a mouthpiece for any one organization. I will be there to express the opinions of my classmates, not my opinion, and not the opinion of a specific organization. For example, it has already been brought to my attention by some unhappy campers thatthereare many scheduling conflicts between student organizations which have put people in theawkward situation of having to choose between two potentially valuable experiences. As your rep. I will try to implement the use of a master calendar at S.B.A. meetings so thatall organizations can schedule events together to ensure that no conflicts occur. Finally, I am a firm believer that there must be more interaction between students, professors, and administrators. Professors can be our best sourcefor knowledge as well as great connections to the "real world". As a student body we shouldreally workto get theprofessors more involved with us socially which would benefitallofus. I also think that, if thisnew add/ drop situation that we all love so much is any indication, we need to have more interaction with the administration. I believe that the administrators should get more student input before making drastic decisions that are going to affect us all. Finally, (andI warnedyou thatI am never at a loss for words), my intentionis to work on making all of our experiences herein law school a more positive experience for allboth academically,andsocially. With yourvote I am certain that I can do this. 1L Candidates Hi. For those of you who donot know me as of yet, I supposeit would help to know my name so that you know who to put an "x" by on the ballot (x-JULIE ROSENBERG). Instead of wasting both your time, and mine, I will not give you a run down on my life, that would merely boreyou anyway. I am sure that you have enoughreading materialby this point in the term that will dothat jobeven better than I can. For thoseof you whodoknow me, you know thatI am not afrai dto speakmy mind, and I am never accused of being short on words. As your class representative I will speak YOUR mindinstead. For thoseofyou whodon't know me due to that first year "sectionism", what you should know about me is that I am very approachable and always willing to listen. I am certain that these qualities will enable me to listen to the needs and concerns that all of you may have, which will then allow me to voice your opinions and achieve the results that you are all looking for. Ifyou ever see me sitting in the lobby, where I can often be spottedbetween classes, please come and talk with me about your concerns (that is if you can recognize me from thiswonderfulphotograph!) I look forward to speaking with as many of you as possible. Speaking ofthe lobby, (is that a beautiful segway or what!?), one of my goals as your representative will be to work on the cosmetics and comfort of thelaw school. I don't want to be seenas an i nteriordecorator or any thing, but I firmly believe that a comfortable atmosphere will provide a more conducive learning, sludyingandsocialenvironmenlforall. I Timothy Benedict Ori gi nal ly fromRome, NY, I am a 23 year old first year law student who attended Utica College of Syracuse University from which a received a Business Administration degree in Business Management. After graduating in May 1994,1 worked for a year and a halfbefore coming to the University at Buffalo to pursue my J.D./M.B.A. degree. I am running for the position offirst year representative to the Student Bar Association. I am running for theposition based onmy desire to keep thefirst year students informed, and to make sure thatthe first year students interests are communicated to the SBA. I believe it is important for thefirst year class to have someone in the SBA who will represent their concerns and make sure their interests are addressed at meetings. It is important to have a person that will make sure the needs of thefirst year students are learned, and then communicated to the SBA. The importance ofcomma- �September 26, 1995 nication(and, thus, my job) is to make sure the SBA is aware of issues facing the first year student, so that the SBA will be able to meet the expectations of the first year student. Cheryl Berzer Being a SBARepresentative meass, simply, being a "voice" for our class. I'm proud to bea member ofthe CIass of'98 andlook forward to addressing issues of importance. Sarah Braen Special Election Edition representative, I will make every effort to turn these ideas, as well as others which you may have, into realities. I'm here to represent the comments and concerns of the lLs- YOUR comments and concerns. So,juststopmeinthe halls or in class, and say, "HEY! You're Amy Dv Vail and you said you were interested in hearing my concerns...do something about this!", and rest assured that I will certainly do whatever I can to represent you. I've held leadership positions in the past which make me a prime candidate for SBA Representative. I graduated from Washington University in St. Louis, MO in May with a B.S. in Environmental Engineering and was involved in numerous activities there in which I held leadership positions. These officesranged fromPresident of the Society of Women Engineers, to Vice President of the Mortar Board Senior Honorary, to Treasurer of the Golden Key National Honor Society, to Business Manager of the Greenleafs, a women's acappella singing group. I enjoy serving in a leadership capacity, and I am very effective at representing others. I'd be honored to continue my leadership experiencerepresenting the lLs of our law school through the SBA. I encourage you to vote in the SBA elections this Wednesday and Thursday, September 27 and 28, and most importantly I encourage you to vote for AmyDv Vailforyour lLstudentrepresentative. Thanks foryour support! Shantelle Hughes THE OPINION In theSpringsemester ofmy Senior year, I served an internship in the New York State Assembly under Assemblyman Joseph Crowley, of Queens, NY. I researched and helped draft legislation and handled all press releases and constituent correspondence. 3 Judy Nocella Photo Unavailable I left Assemblyman Crowley's office to return to my hometown to work for Mayor Joseph Griffo. My proudest accomplishment in that tenurewas proposing and implementing a program that utilized area correctional facility work programs, people receiving social assistance and youth offenderwork programs to helpclean up blighted areas of the city. This program cleaned up numerous vacant houses, lots and city owned properties and is now apermanent program in the Mayor's administration. Hello, My name is Judy Nocella and I would really love to be a studentrepresentative to the SBA for our first year class. While I was an undergraduate student at SUNY-Geneseo, I was the secretary andPresident for theAnthropology Club. Since graduating I have had the opportunity to work at a few interesting jobs, my latest being an interationalbanker in New I am running for this officebecause I feel strongly about therepresentational system and the good in whichit can accomplish. I plan to represent my fellow students with all the energy andcommitmentthatpeople have grown used to seeing in me. More specifically, I intend to propose some ideas and events that will bring us together asa class. Wehave a long three years ahead ofus and I firmly believe that a sense of togetherness will only better our York City. I am thrilledto be a first year studenthere at UB and am extremely enthusiastic about representing our class. All I can promise you is my concern for my fellow classmates in helping us reach ourcareer goals. I believe UB efforts and our outlooks. has a lot to offer an I want to make sure we are gettingthemostofourexperiences here. Ihave I lookforward to eventually meeting all been forunate to meet many of you and am of my classmates and please don't forget to really excited to know such a diverse and vote on Sept. 27 and 28! interesting group of people. I look forward to being a part of our SBA and truly appreciate your support. Please remember to vote. This is your class we want to hear your voice. Hello. My name is Sarah Braenandlam running for the postion of SBAfirst yearrepresentative. I am interesting in this position because ofmy desire to help our school and our interest reach theirfullest potential. I feel lam qualifiedfor this position because of my previous experience. During my undergraduate program, Iservedon the College Judicial Council, and in Student Government. My most significantachievement, however, was being one of the founders of the Wayne Co., IN. YouthCrime and GangPrevention Program. Through leading this program, I gained skills in mediationandarbitration and learned "by fire" how to "jumpstart" a new program or idea. That "jumpstart" is what I would like to bring to you as your representative. I have spoken withmany ofyou on issues you have already found with the school, for example the computer printout fee. The only way your interests can be hearts is to have the opportunity to talk to and know yourrepresentative. I have already met many of you, but I would like to know each of your and your interests so that I can be the best leader I can CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard Silvestri Hello. My name is Shantelle Hughes and Iwouldlike to represent theclass of 1998on the StudentBar Association. I wouldlike to be the voice that speaks for the many diverse ideas and feelings of our class. Many of you may know me from Prof. Olsen's Civil Procedure class, yes, I am the one who inititated class discussion. It is withthat same convictionand principle that I will represent our class on the SBA. My platform is simple, "We deserve to be heard, and we will." If given the chance, I will diligently apply myself to making sure that the ideas ofthe first year law students are not onlyheard, but respected. So on Sept. 27 and 28 go out and vote for Shantelle. be for this class and for the school as well. GregMattacola Amy Du vall 48 Epithet for ACROSS 1 Concern 5 Eschew Ihe scissors 9 Peachy color 14 15 16 17 19 20 21 23 24 26 28 30 34 37 Anthony Wayne Marge Make eyes at In the cooler Longshoremen? Paper money Accumulate Get all mushy Erhard's method Turned down Roman wherewithal the hills Be benefactor Diet, label Waterfront vacation? 39 Argued a case 49 Junket ingredient 50 Not so hot 52 Actress Gray anchor 54 (move securely) 57 Stand at the plate 60 Where port is left 62 Prodded 64 In Ihe clouds 66 Shore dinner? 68 Move edgewise 69 Mrs. Peel 70 Alternatively 71 Got up 72 Twenty quires 73 " I say more?" DOWN 1 Dandified 41 XXXIV tripled dudes 42 Watch display, 2 Troy tale perhaps 3 Chaucer 43 Passenger on pilgrim the landing? i—rj—r—[4 —M|s [6 n Hp T7 18 4 Oscar-winner of 1961 5 Hero 6 Psyche component 7 Styptic stuff 8 Fight against 9 Smart organization? 10 The Plastic Band 11 Liturgy 12 Escadrille members 13 Incase 18 Association of merchants 22 Adriatic island 25 Capital of Bangladesh 27 Author Bagnold 29 Miss by a whisker 31 Paradise Lost character 32 C/ao, in M 24 Chelsea once-over p p |F 110I10 Il' 112I12 ** 35 36««37 For thoseofyou whohave not yet met meHI! I'mAmy Dv Vail, and I'm running for SBA StudentRepresentative for the lLs. I've spoken with many of you about things that you would like to see changed and/or improved within our lawschool, and I wouldenjoy speaking withtherest of you about your thoughts and concerns. To date, you'vegiven mesome great ideas, including obtaining a more spacious, more frequently updated, and betterlit assignment board for the 3rd floor; more recycling receptacles throughout O'Brian; more effective Law School Bookstore hours. As your My name is Greg Mattacola and I am running for First Year Representative. I am a 1994 graduate of St. Bonaventure University and a native of Rome, New York. 2^H ■ 64 6S 33 45 46 mako ■« 47^Mp5 HV 57 I feel that I am bringing a variety of experiences to SUN V Buffalo School of Law that will help me to represent my class effectively in the Student Bar Association. I was President of my class at St. Bonaventure University. Someofmy accomplishments include bri nging guestspeakers to campus, overseeing fundraisers thatmade over $5,000for theclass and sponsoring events that brought about class unity. 44 J5 32 38 ■41 53 ° ■■21 31 39 I' 3 15 Mp HMH2B 34 sigh 63 Proof of purchase 65 Alice spin-off 67 GPgp. 33 Gave the ■HP 2bUgpi 2o 34 N-S connection 35 Babe's hue 36 Young or Perm 38 Lowlier 40 Cgsunit 44 Yelled at 45 "Willie and the Hand Jive" recorder 46 OscarWilde specialty 47 Get (ditch) 51 Deluge with decibels 53 More recent 55 Allan56 Concise 57 Woofer sound 58 Came down to earth 59 Hoo-ha 61 Verbalized 55 67 65 Hp 56| " 58 Mr° it TrirT 1 HH 1 1 �September 26,1995 THEOPINION 4 Why Join the Opinion? r ~~ \ You didn't make Law Review and Moot Court looks like too much work H Get hands on experience with libel law H Lern to rite reel gud H H H The guy who pushed you in the mud in third grade is now on the SBA...PAY BACKTIME I So you won't have to make up stuff for your resume H H It's more fun than a barrel of Schlegels! B The Opinion Probing,Timely, Controversial II W "■/• M-Mm-M ■ ■ lo|3|3|nMim|v 3|aMalo|o[i|s i 3 a v j|d a vihmßj. d 3|iMl|3 Q|v|wMa a ola vjolg s jo i V N N|3 a v H no i. l xqjßßjlIIBBfa 3. Tid c JO'ife AXS±2l°ME2.£l 3 1 V »O01?»0l2o|ll Miß 3a'i ~U a To Join, Drop a note in box 640, stop by room 724, call 645 2147, or email sschi@acsu.buffalo.edu 3.J. n_2^B IiISiIEHEFiS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-09-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1a 26.09.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/26/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 1a Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b69974c8609ee1d91ad6cb037d517e08.pdf 32a175aad15079be09e64aa1c7671418 PDF Text Text J I Here a Moot Court, there a Moot Court, everywh ere a Moot Court See page 3 I I I I OP\ED Sports andPolitics CriticalTaxTheory See pages 4 and 5 FEATURES Marathon Man seeFeature Column, page 8 Bringingthe issues to thestudentssince 1949 THE OPINION Volume 36, No. 2 STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW 0ct0ber3,1995 Professors' Pentiums Pilfered Two computers taken from O'Brian seventh floor offices, reward offered By Jessica Murphy. News Editor Two computers were stolen over Rosh Hashana break from the seventh floor of the Law School. A reward of 250.00 dollars is being offered to anyone who can give Public Safety informationrelated to the robbery. Two new faculty members met Tuesday morning with a nasty surprise. Professor Martha McClusky and Professor Terry Miller discovered parts oftheircomputers missing when they arrived at school. The thieves stole only the central processing units. The thieves also made off with another central processing unit from astorage closet also located on the seventhfloor. All threeCPU's heldbrand new pentium chips. Every stolen computer's serial number is on file at theLaw School. Another professor was robbed of his computer earlier in the summer. This totals four computers sto- There are three types of keys which open thedoors in O'BrianHall. The master keys open all ofO'Brian Hall doors, thesub-masters only some doors. There also are individual office or room keys, said Cook. "Deans and pasts deans have sub-master keys as well as some professors and staff. Masterkeys are heldby Public Safety, and University Facilities. Someone must have duplicated a master or sub-master key, even though it is marked 'DO NOT DUPLICATE.'" said Dean Cook. An immediate step towards solution was taken this past Friday, 9/29/95, when University Facilities employees worked over time tor-key eighty seven offices. These locks hoping to crack the case ofthepurloinedpentiums, signs like this wereposted throughout O'Brian lensofar. "The robbers must have come late in the evening when no one was around," said Marlene Cook, Associate Dean for Resource Management. "The police think that this may be an inside job. There was no evidence of a break-in, so someone had to have had a master key." SBA holds first meeting fiscal issues a priority for Class Representatives by Deshiku Bolejue, Reporter not received the money. Class Representatives and members of the Student Bar Association Executive Board met on Friday for thefirst student government meeting of theacademic year. Amidst discussions of procedural policies, class representatives expressed concern over the Student Bar Association's fiscal practices. Rob Smith, 3L class representative, inquired about the delay in rollover funds for the Buffalo Public Interest Law Program, (BPILP), a program that funds student fellowships for public interest law work. In addition to the program's annual budget, BPIP was promised $5,000.00for the fall semester. The money will be paid from money various student groups did not spend. Although BPILP was promised the amount, it still has Mercedes Lindao, SBA Treasurer, responded that the delaywas caused by thepaperwork involved withredistributing funds and that the program wouldreceive its money shortly. Alfredo Acevedo, 2L representative, echoed concerns similar to Smith regarding theStudentBar Association's fiscal policies. He stated that one of his reasons for running for class representative was to make "sure [the SBA] represents the students and that it is fiscally sound." Interest in the SBA's financial aspects, however, did not dampen the meeting's enthusiasticmood. George Hamboussi, see SBA, page 3 SBA Class Reps Elected 3L Rob Smith (46) SaraHemmetter(43) 2L Alfredo Acevedo (101) PrudenceFung (91) Mikeßeckleman(Bo) JoAnneHowlet*(2l) BariLevant (71) JulieRosenberg (68) TasminHager* (8) Craig HurleyLeslie SareerFazili*(6) (66) DanWerner(43) 1L ShantellHughes(86) Amy DuValle (73) Greg Mattacola (73) Tim Benedict (57) Steve Salob(52) JudyNocella (51) * signifies write in candidate can no longer be opened withthe submaster and master keys. "Each replaced lock cost us 20.00 dollars per lock." said Cook. see SECURITY, page 3 Get Back! Anti-Abortion protestors forced to stay away from clinic goers byJessicaMurphy y, News Editor The United States Court of Appeals, second circuit, affirmed the decision of the District Court for the Western District ofNew York iaPro-ChoiccNetworkofWesternNew Yorky.Schenk, No. 92-7302,1995 U.S. App. LEX 1527647,( 2nd. Cir, Sept. 28, 1995)(enbane). Thepanel affirmed 13-2, holding that the District Court's preliminary injunction provisions burdened no morespeechthannecessary. Thedecision wasanew bane rehearingof two provisions ofa preliminary injunction. The appeal was heard toreconsider the constitutionality of upreliminary injunction issued against abortion clinic protestors. UB Law School Professor Lucinda Findley successfully argued this case before the en bane panel. Professor Isabel Marcus was also extremely i nstrumental i n the sucess of this case. This decision upheld a fifteen foot buffer zone around clinic entrances, driveways, vehicles entering and exiting driveways, and patients and employees entering or exiting clinics. The decision also upheld a "cease and desist" provision which mandated that"sidewalk counselors" must leave anyone entering or exiting from a clinic alone if they so indicate. The opinion was written by Chief Judge Oakes. and a concurrence was written by Judge Winler. Judges Altimari and Meskill dissented.lnformation taken from Pro-Clwicc Networkof Western New York v. Sehenk N0.92-7302, 1995 U.S. Ann. LEXlS27647.(2nd.Cir.Sent. 28. IW.SKenhancY �THFOPINION 2 SB? October 3, 1995 %J rrvi-/i-/ MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE NOVEMBER M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. LIVE LECTURE Sunday, October 15, 1995 Fashion Institute of Technology Amphitheater - Main Floor * Enter at 7th Aye. and 27th Street VIDEOTAPE LECTURES Saturday, October 21, 1995 Albany Law School Buffalo Law School Georgetown University Hofstra Law School NYU Law School Syracuse Marriot Melville Marriott Law School Room 17 O'Brien Hall Room 107 Law School Room 156 Law School Room 238 Vanderbilt Hall Room 110 Basin Room will be Posted Board Room (Ist Fl.) will be Posted - - - Walk-ins arc welcome or call 1-800-635-6569 to reserve a seat. Each student that attends will also receive a free 250 page M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. g3k Test Date: Friday, November 10, 1995 Regular Application Deadline: Late Application Deadline: October 13. 1995 November 1. 1995 jMlr>vs^ /Jm^J yffksn £rgi ifgkv �October 3, 1995 NEWS THFOPINION 3 Desmond Moot Court 51 teams go for the gold bySarah Braen, Reporter The Desmond Moot Court Competition is an annual event at the University of Buffalo Law School. This year, there are 51 teams competing both in the writing of a brief and three rounds of oral argument. Teams consist of two people. Competition is limited to second and third year students. The Desmond Moot Court Competition gives its competitors practical experience in effective brief writing. It also allows many competitors theirfirst chance to give oral argument in front of judges and experienced lawyers. Each year, the board develops a hypothetical case from a currently controversial constitutional issue. This year's hypothetical is based a Wimbledon State Statute which mandates therelease ofinformation about sex offenders who move into residential neighborhoods. The competitors will focus on the constitutionality of whether the informationrelease breaches a right to privacy or a right to protection. Each team prepares a brief arguing one side of the issue. Before oral arguments begin, there are several practice rounds. Teams must argue both sides of the case during one ofthe three preliminary rounds. Competitors are scored as a team for their briefs, but are scored ment rounds will beheld from October 16-18. On October 19,the top.X teams are announced. These teams (iclober 2i, at the county courthouse in front of a panel of judges. The panel this year consists of 1995 Charles S. Desmond Moot Court Competition Schedule Fri. Oct. 6 Sat. Oct. 14 Sun. Oct. 15 Tues. Oct. 17 Wed. Oct. 18 hurs. Oct. 19 Fri. Oct. 20 Sat. Oct. 21 Briefs due; Moot Court office thesamewithouthelpfrom Practice rounds begin Practice rounds Preliminary roundttl Preliminary round#2 Preliminary round#3 Quarterfinals Semi-finals andfinals separately for oral argumentation proceed to the quarter finals. skills. The brief is worth 40% of the final score, and the oral argument is worth 60% of the final score. Three preliminary oral argu- The winning teams continue to the semi finals, and eventually finals. These last rounds will be held at 10 am. and 12 pm. on Saturday, lition become Buffalo Moot Court Board members lor the following year. The Buffalo Mool Court Board organizes theDesmond MootCourt competition for the next year, as well as coordinating the Mugel Tax competition. Membersof theboard also get the opportunity to go to other competitions nationwide. Further, Desmondwouldnotbe three Federal District Court |udges and one Court of Appeals judge. The competitors who place withinthe top twenty to thirtyplaces of the Desmond Moot Court Compe- ÜBLaw's Alumni. Alumni serve as judges, and the Alumni Association underwrites theAwards Banquet. Though first year students do not compete, they are encouraged to get involved. Interested students can clerk for the competition. Clerks keep time, check.scoring cards, and announce scores. An informational meeting for first years interested in clerkingwill be held onTuesday, October 3. People can also contact Eric Carr at the Desmond Moot Court office in the basement. The Buffalo Moot Court Board invites everyone to watch the semifinal and final rounds of competition as well as to congratulate the competitors at the banquet following the end of competition. Jessup Board Gears up for Fall Intramural Competition by Julie Meyer, Assistant News Editor The Jessup International Moot Court Board hasstarted preparing for its Fall Intramural Competition, held October 10-12. The competition, open to secondand thirdyears, gives participants a chance to test their oral advocacy ski I Is on such issuesas extradition, terrorism, and trade affairs. To become i nvolved i n the Fall IntramuralMoot Court Competition, interestedsecond and thirdyear students cansign upfor rounds on Octo- ber 2, outside room 607. Practice rounds are held October 5-6 and the actual rounds take place October 10-12. The problem packet isavailable at theLaw School bookstore. The Jessup Board needs first year clerks for the Fall Intramural Moot Court Competition. Clerks will be responsible for maintaining the rooms, supervising the score sheets, and calling the court to order. Clerking gives first years an idea of the competition's requirements, i ncludi ng the amount ofprep- aration needed to succeed in the competition. For more informationabout clerking, contact Peter Beadle at Box 16. The four winners of the Intramural Competition progress to a Regional Moot Court Competition held in February. Regional competition winners travel to Washington D.C. to argue against law students from around theworld. "[Ojur greatest challenge this year is hosting the Northeast Regional in February,"said Jessup International Moot Court Executive Direc- SBA eases through their first meeting, continuedfrom page 1. SBA President, announced that the SBApartyheldatHeenan'sßar the previous night drew a large number of students and a profit of $200.00 upgrading thelaw school's computer facilities. The meeting adjourned shortly afterward. which will be used to fund function*; to benefit marriedstudents. Reaction to the meeting from first timeSBA memberswas mixed. Al though the purpose of the meeting Hamboussialso spoke ofasecandSßAactivity,asemesterly community service event. This event, still in its planningstagcs, generates positive name recognition for the University at Buffalo School ofLaw. was to inform, Acevedo said, "It Individual SBA members also presented i terns from theiragendas, leremy Toth, SBA Vice-President, requested andreceived volunteersto gradeapplications for student/faculty committees. Members slated ideas ranging from improving the lirsl floor lounge of O'Brian Hall to should have been more formal and Twelve schools will converge on Buffalo to battle for the chance to progress to the Washington D.C. competition. The rounds, annually held on thethird weekend in February, are open to the public. The Jessup Board also hosts the First Year International Law Moot Court Competition every spring semester. According to Beadle, Jessup is "...the only moot court board that has a tournament for first years..." Eight winners and two alternates of theFirst Year International Law Moot Court Competition travel to Toronto, where they compete in theFasken Campbell Godfrey InternationalLaw Moot Court Competition. At the Fasken Tournament, the University at Buffalo team faces CornellLaw School, Syracuse School of Law, University of TorontoSchool ofLaw, Osgoode Hall Law School, and Queens University Law School. In three out of the past four years Jhe Buffalo'sFirst YearTeam has won the highest honors at the Fasken Moot Court Competition. Security tightened, continued from page 1 Steve Salob, 1L class representative, was equally "enthusiastic" about being on the SBA. He stated, "The reputation of the SBA has gone through different periods, some positive and some tarnished. However, very competent people have beenelectedand 11ook forward to working with them. We're the orientational." Noting thatmany of theclass representatives were freshmen, he suid, "The board should have been more aware of the details and some groundrules for the order of speaking should have been set." voice of over 800 diverse students. As a result of this diversity, the Student Bar Avsociation has a broader vision which will enable us to meet the needs of the student body." This impression of the SBA meeting, however, did not deter Acevedo from being "happy" to be a class represenlative and "optimistic" about working withSBA mem- The Student Bar Association office, located on the first floor of O'Brian Hall, is open betweenS a.m. and sp.m. Mondays through Fridiys. Class representatives will be present to answer questions and lake comments during thesehours. bers to accomplish his goals. tor, Peter Beadle. "I appreciate University Faclities coming forward to expedite this project. We feel this will prevent further loss," he said. "The locks were re-keyed just last year when the economics department moved out of O'Brian Hall," said Cook. "But, the same master and sub-master keys were used." The Law School is beefing up security withthe helpof JohnOrela, Director of Public Safety for the University at Buffalo. UnderGrela's direction, plain clothes officers are patrolling Ihe building at different hours, and uniformedofficers have increased their patrols in and around O'Brian Mall as well. Dean Cook is in the process of investigating lock-down devices for the every computer owned by the 1.aw School as a deterrent, as well as etching all computers with identification marks. Research has been in progress for several years now for completely overhauling O'Brian Hall's door locks. "The cost has been prohibitive up until this point," said Cook. "Changing the locks will cost over 50,000 dollars." The lock replacement project pends upon capital funding from SUNY Central. "The lock replacement cost is high because our hardware is too outdated to buy replacement parts for, and does not ensure easy access for disabled individuals who may have trouble turning door knobs." Dean Cook hopes the lock replacement project funds will come through soon. "The best thing for the law school would be a computerized card-swipe system which would allow us to restrict access to certain areas and re-encode locks without replacing the hardware." �4 EDITORIAL THE OPINION October 26, 1994 OPINIONi^r _ Founded 1949 i -ir No. M ->2 Volume 36, \, SamuelS. Chi Editor-in-Chief _ , , 1995 October 3, ~.__ Steven Bachman Dietz Managing Editor , \ EDITORIAL: Schenck vs. Pro Choice Network lis about time. The good news hit our ears Friday. Through the advocacy of UB Law Professors Marcus and Findley, the United States Court of Appeals, Second Circuit-evi/w/fc, affirmed the United States District Court decision to put a limit on how far anti-abortion extremists can go with their protest tactics. The decision reverses the previous US Court ofAppeals ruling. With this new ruling, the anti-abortion protest group must not come within fifteen feet of anyone approaching a medical facility which performs abortions. There is an exception which provides that a team oftwo anti-abortion protestors may approach someone who isheaded for the facility, but must stop when told to do so. It's too bad that the anti-abortion extremists cannot control themselves. Many Pro-Life advocates have strongfeelings, and important points to make to a woman considering her right to choose an abortion. Many Pro-Life Advocates peacefully demonstratetheir views in a manner that doesn't impinge upon the rightsofwomen. Prior to thisrul ing, anti-abortion extremists flagrantly and purposefully disregarded the constitutional rights ofeveryone who came to medical facilities in order to work or to seek medical treatment-even those who did not necessarily seek abortion services. Anti-abortion extremists intentionally intimidated people trying to enter or leave the building. Other extreme tactics included chant and scream into bull horns for hours on end, verbally and physically harrass employees and patients, and photograph and video taped people entering and leaving the buildings. They chained themselves to doors, stuffed wooden objects and glue into doorlocks, parked cars with slashedtired in front of building doors, and even placed their children in strollers in driveways to prevent cars from entering or leaving the parking area. All this destruction and trampling ofrights done in the name of free speech. Damned werethe rights of the women and employees at these places, damned were the rights ofthe bystanders and general public. The only thing that mattered was their own point of view of quantity, not quality ofthe lives ofthe children that their constitutionally absusive methods "saved." Despite temporary restrainingorders and preliminary injunctions, antiabortion extremists staged protests bordering on ridiculous. This en bane decision is the last in a long line of court decisions stemming from the "Spring to Life" circus. The U.S.Court of Appeals probably isn't the last panel ofjudges that this case will see either. We do not debate the Tightness or wrongness of abortion, but we merely decry the heinous methods employed by a fringe ofthe population. No matter what your stance on this issue, we can all agree that excessiveness must be controlled. Last week's ruling shows that the courts will no longer tolerate the domestic terrorism intentionally produced by theseextremists. As terrorism is wrong in Oklahoma and New York City, it is wrong in Buffalo, NY and Brookline, MA. STAFF Business Manager: Production Manager News Editor: Features Editor: Photography Editor: Art Director: LisaC. Nasiak I. B. Vacant Jessica Murphy Mike Chase Molly Kocialski LenOpanashuk Assistant editors: Features: Dan Killelea; News: Julie Meyer. Krislen Greeley Photo: John Gasper. Senior editors: Evan Baranofl and PeterZummo. Computcrconsullanl: Peter Beadle ITicOprnmnisannn-pii '111.independent.slutlcnl'Hwnctlanilrunpuhlreatiiin limited hv theSliAlriimsiiidcnl lawIces l"ln Opinion. I'lin.mI l.ill. Itull.il.i. 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'i I'lii.lisliiiiisn-n, .Isiihinissi. .us Wi tvtllicluin a slamr* .1. in, I.>j«. ispim nil a lour disks to your i.mlpusni.nlls ,\ >>i loapriiak in.nllviix ilasell .tdillt llk I ipniu.nis.U.li. altillnpiimill iloriiruloi tliclrcii \, "I ideas As.msiill llu i iiwsispi, s., ,1 n il,,s M \\ sp |M.i an ...mil 111.... i.| till I 1111..1 ..«51.i11..| Hi. I Ip.ni.m ( Vingn \\\hitllnuikftn'liiH iiliritlfziitxtln Irtvittwit't i/irr< li. •/<•///ri'/ircii. Ih, I usi >,„ < ... • jr-L-j- ' fRO<HOIC£W| \\ * Views Follies and Fumbles By GregMattacola Columnist I believe an introduction is in order Summer may be over and the tan lines may be going but it is truly a time of new beginnings. A new year ofacademics is underway andfor manyof us that means a new school and city. That translates to new classes, places, professors and many new friends and neighbors. But there's something else. I can smell it in the air, it'salmost pungent. A new column in The Opinion? Well, yes that, but there's something else. Ahhh, that's it! It'sfootball season. The leaves are starting to turn and you can almost hear the melodicsoundof grown men knocking the snot out of each other. Beautiful image, isn't it? It almost brings a tear to my eye. Yet, there's one other thing that makes this time of year special. I can't quite put my finger onit. Ohhh, that'sit! It'selectiontime. The silly season! Close your eyes and you can justabout picture two grown candidatesbelittling each other with character attacks. God, I love this time ofyear. With that, I wouldlike to welcome all of to you "Follies and Fumbles," the new biweekly column in The Opinion written by yours truly that will offer commentary and hopefully foodfor thought on two ofmyfavorite subjects, sports and politics. Why, you may ask? Simple, I reply. Not only do both of these topics offer a vast array ofconversation pieces, but some of the greatest stories that I've ever heard toldhad to do witheither sports, politics or both. And aren't thebest attorneys supposed to be the best storytellers? I love a good story, don'tyou? All rightey, then. Let us commence. There is so much to talkabout! I would like to tip myForty Niner lid to John F. Kennedy Jr.'s latest endeavor; the magazine, George. Kennedy describes it as"a lifestyle magazine with politics at its core." Didn't 1 tell you that politics was fun? Now, you can enjoy it in a Rolling Stone/ G.Q. format. Init you'll find various articles dealing with all levels of politics, most with fresh human interest slants. Judging by Ihe first issue. George(named for our founding father if you're a little slow) should do well. John John has already figured out what it look oilier magazines at least three issues to know. If you are at all in doubtabout the appeal ol your product, Cindy Crawford inabraon the cover ncvei hurts sales! Did you catchSir Charles Barklcy's statement tins past week. The Ouotable One unrcti red again. Yet, no longerdoes he say that •Ik* -sgoing toplav one last year and if the Suns don't win a ring, he's gone. Now he says, "I'm making way too much money to retire. This year, I'm justplaying for the cold hardcash." Now boys and girls, what's the difference between Chuck's.sentiments and the feelings ofalmost every player in professional sports? Nada, other than he's actually being honest about it. In keeping withthe undeserving athlete theme, I can't believelever begrudged Randall "Tex" Cobb his bit acting roles in TV sitcoms and movies. At least he took thenHeavyweight Champ Larry Holmes the distancewhile getting his head punched in. Peter "My Grandpa Stopped The Fight" McNeeley, got embarrassed in thefirstround by Mike Tyson, collected $500,000forabout 45 secondsof workand in now hawking pizzas on TV for Pizza Hut. I definitely chose the wrong career path. I can fall down. I love pizza. Where do I sign up? Publishing multimillionaire Malcolm Forbes has officially entered the Republican presidential race. How many candidates is that? Ten, withForbes? Get out the score card out, we've got ourselves a baseball team! Forbes (It's not Malcolm, by the way. He is known as Steve. He's the common man's millionaire.) says his lack of political experience will be a plus. Healso says he will promote"pro-gro\vth, pro-opportunity, get America moving themes." Let's hit the rewind button. Go back about three years. Didn't we have someone like this thelast time around? You know, thelittle guy withthesoutherndrawl whose ears look likea taxi cab with the doors open. Yeah, that's the one. Is Admiral Stockdale still available to be Forbes'running mate. Speaking of Republican candidates. 1 wonder what Senate Majority Leader Bob Dole will have to say about the new NC-17 rated movie. "Showgirls'.'" Of course, he won't have seen it. I just wonder what he'll have to say about it. He'll probably say what's been on all our minds. That is not Ihe Jessie thai we knew and loved from the ultra cheesy syndicate. "Saved By The Bell." Where do thesekids go wrong. *Cioi something to say about sports and or polities'.' Mad or glad about something I wrote. Drop me a line at The Opinion. Room 724. Give me your input. I'm happ\ to lux c n Besides. I'm a First Year, paddling like hell to keep m v headabove w .iter and could use al 1 the mail I can gel! �OP/ED October 26, 1994 THE OPINION 5 Critical Tax Theory: History in the Making at UB hv Kristin Jones, Special to the Opinion In recent years, a growing number of tax scholars have been changing the face of tax scholarship. Unlike traditional tax scholars, much ot their work analyzes the burdens and benefits of taxation in relationship to race, sexual orientation, gender, and class. This new jurisprudence, Critical Tax Theory, is an offspring of both Critical Race and Feminist Theories, and was the focus of a recent conference at the University at Buffalo School of Law on September X and 9. The conference, sponsoredby the Baldy Center for Law andSocial Policy, is said to be thefirst of its kind in the United States. Approximately 25 taxprofessorsandother scholars from the United Slates and Canada gathered to discuss topics ranging from "Gender Bias in the Estate and Gift Tax" to "A Black Critique of the Internal Revenue Code." Speaking at the conference were UB tax professors, Nancy Staudt and Kenneth Joyce. Staudt, organizer of the conference and the author of a forthcoming articleabout the eco- nomicand social advantages of valuing householdlabor for taxation purposes, explained that she convened the conference "so that tax scholars from around the country could gather to discuss tux issues from the perspectives of race, gender, class, and sexual orientation." She added, "very little work has been done in this area. Thus, our workis not only important, but it is both pathbreaking and necessary." Also speaking at theconference weieUß professors, LucindaFinley andGuyora Binder. Along withProfessor Nancy Reichmanofthe University ofDenver Sociology Department. Professors Finley and Binder offered commentary to the panelists' presentations. The conference began with a panel on "Sexual Identity in Tax and Theory." Professor Patricia Cain examined theTax Code's treatment of same-sex couples. Cain, who has written other articles about lesbian and gay tax issues, emphasized that theinvisibility of gay and lesbian couples in tax law speaks to theneed for revision ofcertain Code provisions. She proposed that I.R.C. section Tell us your opinion! 11you have an opinion on anything published in ournewspaper or on any current events topic that concerns the law school community, write The Qpi nion. Letters to theeditorare be.st whenwritten as a part ofa dialogue and must not he longer than two pages double-spaced. Perspectivesare generally opinion articles concerning top ex of mteresUo thelaw school community and must notbe!ongerthanfourpages double-spueed. AJI submissions are duetfieFriday before we publish. Your submissionm ust betyped, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5,1 format). The Opinionreserves the right to edit any andaii submissions for space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 640 : 1041, which applies only to spouses be made applicable to unmarried heterosexual couples and same-sex couples, so that |ointly titled property is not taxed upon dissolution of a relationship Cain also focused on the tax treatment ofsharedexpenses and gift tax problems of jointconsumption. Discussing related themes in a paper entitled "Sexuality and What' Many' Women Want" Professor Mary Becker provided a framework for thepanelists discussion of gender issues. She commentedthat the objectification of sexuality reinforces women's economic subordination. As an example, she explained that taxing married working women at theirhusband's marginal rate reinforces the objectification of women as components of their male spouses. The alternative, she argued, is to change the tax laws so that individuals pay income taxes at theirrespective marginal rates. Next, University of Minnesota Law School Professors Karen Brown and MaryLouise Fellows focused upon the myth that the Tax Code is a neutral body of 1aw. Brown contended thatthe tax I aws reinforce racial and gender subordination. Specifically, she pointed to thedifferent tax treatment of employment discrimination awards, which are taxed, and awards for torttype physical injuries, which are not taxed under section 104(a)(2). According to Brown, the different tax treatment of employment discrimination and physical injury awards speaks to a preference to treat employment discrimination litigants and the underlying issues ofracism andsexism, different from tort claim litigants. Brown proposed theneed for an anii-subordination principle and.suggested that the courts and the Service focus on the nature of the worker's injury. Similarly, Mary Louise Fellows argued that the child care provisions also reinforce gender, racial and class-based subordination. Examiningsections 129and21ofthe Code, she argued that because of their restrictions and limitations the tax benefits are not equally distributed with regard to race, gender, and class. Asubsequent panel, composedof Professors Lisa Phillips, Edward McCaffery and Joseph Bankman focused on "Tax Rhetoric and Interpretation." Phillips, a law professor at the University of British Columbia, highlighted the need a new tax discourse. In her See TAX THEOR Yon page 10 BAR/BRI BBar Review Announces Prof. Joseph L. Marino has joined The BAR/BRI Faculty Professor Joseph L. Marino received his J.D. from St. John's School of Law and brings more than twenty years of bar review experience to the BAR/BRI podium. Professor Marino was the founder, director and exclusive lecturer of Marino Comprehensive and previously developed and taught the only bar review program designed exclusively for the person retaking the New York State Bar Exam. He is presently an Adjunct Professor at New York Law School where he teaches New York Practice and Procedure. Professor Marino's addition to the BAR/BRI faculty is another example of how we are continually improving the BAR/BRI course. That is why, again this summer, more students will take BAR/BRI than all other bar review course combined. We arc pleased and proud to welcome Professor Marino to our faculty. BAR REVIEW �6 October 3, lW mi; OPINION INTERESTED IN AN EXCITING JOB OPPORTUNITY? * UB Law's GOLD Group seeking nominations f0r.... „. The APPLY TO Till: U.S. ARMY Jiflfcß Ifc fplPl^lP JUDGE ADVOCATR GENERAL'S CORPS m,liH * SUMMI X INTERNSHIPS AVAII.AM.I-: FOR ll,'s&2l,'s I -'ill.l. TIMI-; POSITIONS AVAILAPPi: FOR 31/s � ITSiI ORMAUONAL Ml ;i.:j MGTORAILSI. UDJiKLS IOOCTOBITv in ROOM UNION 250 Who Qualifies? Any third-year Uin.aw StiKlent who has dem<,ns.,a.cd leadership skills in enhancing the mission and reputation of 1115 Law IN 11 RV I IiWSJiQRJSLIs ANUJ.L'i. 115\ � Who Can Nominate? LOU MORI- INFORMATION CALL: CAPTAIN C H. VALENTINO (315) 772-2601 - Law .Students . Faculty/Administrators - UB Law Ahnniii - Scll'-Nominalions Are Accc|)ted OR WRTTi: (INCUJDF RESUME): How To Nominate? ... , 1 rCD nn M ap|lllC:, Sim,,ly ick . .' . * captain eh. Valentino OFFICI: 01-" Till- STALL JUDGE ADVOCATE lORT DRUM, NEW YORK 13602-5100 . " "" " " "' ° Deadline for Submission: December 22, 1995 Questions? Call Julie Lalvey. Esq. (847-6779) Sponsored by: Students Associated with The Armed Forces Recognized by the U.U.S.A. VIM oliH (Graduates of the Last ntifmmm Decade) ! ( mfmmlm OR pm\a [;ado Neweomb, Esq (856-3200) c Opinion J°*n WkwA Hllllwlllli It'll look great on your Join us on Thursday, October 12, 1995 5:30-7:30 PM at Pettibones Grille 275 Washington Street Buffalo (inside North AmeriCare Ballpark - between - Swan and Fxchange Streets) Admission for attorneys: $7.00, includes hors d'oeuvres & one drink Admission for law students: FREE! (admission paid by the SBA) Ploasc RSVP by October 11th to Kcclan Stern at 881-5800. ' Hope to no y hi there! DrOD . ii sa{\ "> I AI IlOtC IF! I>OX 04U« CSII U*t3 Zl^/^ X mnm 724 flf* P-Ill3il c f nn «u Y Uv J l Ulll ' Vv * v *"" " 11 giAC SSCnI(^3CSU.DIIII<iIO.CGU �October 3, 1995 FEATURES FEATURES THK OPINION / The Alumni Connection Ilene Fleischmann does it all to keep us in touch with our By David I-itdi. Reporter Most U.B. law students probably don't give too much thought lo what their relationship with the law school will be uponreceivingtheirJ.D s. That, however, is the precise concern of Ilene Fleischmann. Since last year, Fleischmann has been the Assistant Dean said that most studentsdon't takeadvantage of these opportunities "I'm 100 busy with my classes" is a common excuse, she says. forAlumni and Communication. Inaddi- smart. tion, last month she celebrated her tenth year as Executive Director of the U.B. Alumni Association. The Alumni Association is a nonprofit organization whose main mission is to serve the law school by enhancing the image and reputation of U.B.Law. as well as keep an open, active rapport with the school's alumni. Fleischmann saw the role of Executive Director turn into a full-time position in 19X5 when Ihe law school developed more serious aspirationsof having a reputation outsideofthe Western New York region. "We now regard ourselves as a national law school," she says. As theyears have goneby, the numberofU.B. Law School alumni has grown to over 7,200. Although most of the school's graduates practice in the Western New York region, there is a large contingent thatworks outsideof the surrounding area, including over 1300 in New York City and 350 in Washington, D.C. Of these, about 1,000alumni pay dues, which in turn underwritesthe Alumni Association. This makes it possible for the organization to put together an assortment of events. Whether they pay dues or not, all alumni are invited to prospective events andall receive a copy of Ihe U.B. Law Forum magazine. Alumni also serve on the board of directors of the Alumni Association, "That's just - alumni. You never know who you're going to meet or how it'sgoingtohelpyou. Ouralumni are very, very willing to help law students." i As Assistant Dean of Alumni and Communication. Fleischmann is in charge of public relations for the law school. "I'm a liaison between the law school and the news services. My job is to positively enhance our reputation when we are in the media," she comments. Fleischmann says she still uses some of the contacts she developed in her previous career as a features writer and columnist for the BuffaloCourier Express, the now-defunct morning newspaper, and as a freelance writer for periodicals such as McCalls andGoodHousekeeping. In her free time, Fleischmann volunteers as producer and moderator of "Mind Over Myth," a monthly television.showconcerned with current events. The show airs locally on Channel 7 each thirdSaturday ofthe month from Decern- ConcertReview by Mike Chase, Feat toes Editor R.E.M. and Radiohead played Fridaynight before a nearly sold-out crowd at theBuffalo MemorialAuditorium, and both bands entertainedwith remarkably different brands of melodic alternative rock. Radiohead, who leftafter a brief40-minute set, played their hearts out, providing fine renditions of theirwell-known hit, "Creep," early on and their current single, "Fake Plastic Trees." The British quintet's pop-grunge sound was crisp and loud and very engaging. Lead singer Thorn Yorke was happy with theR.E.M. crowd's response. "Thank you very much for listening," acknowledged a sincere Yorke. R.E.M. tookthe stage with "I Took Your Name," from their newest LP, Monster. With a spinning orange light, frequent bursts of whitestrobe, and lead singer Michael Stipe's posturing, this once-reserved band from Athens, Ga., was definitely here to put on a Show. Alter a quick "thanks", guitarist Peter Buck launchedintothe openingchordsof "What's the Frequency, Kenneth.", and all the tans were into it. And REM. rewarded theirfans with a surprising mix of 19songs from seven of theirnine LPs. The bandalso played four new songs which held the audience's attention no small leal considering the quality of material left off Ihe playlisl ("Fall on Me," "Driver X," Murmur). Stipe and bassist Mike Mills provided plenty ol amusing yet oh-so-ilown-loearth banter between songs, including: Stipi- ."Lvnv lime we i nine lo llieie's Kullalo uci'it ('.real \> - one thing I can't f***ing stand, it's the smell ofBuffalo chicken wings!"(Crowd: laughter, some "boo"s) Mills (later): "I'll take all thewings he doesn't want!" The band'smusic provided most of the highlights, though. "The One I Love" and "So. Central Rain" rarely make into R.E.M. sets these days and were played to their classic-alternative perfection. "Pop Song 'X9," "Crush withEyeliner," and a revved-up "Drive" were big-time crowd-pleasers. The highlight of the show, though, was "Man on the Moon," from 1992's Automatic- for the People. Stipe explained, "Andy Kaufman was kind of the band's Patron Saint," before moving into the tender, haunting ballad. The song moved along charmingly and sounded much less clumsy than the studioversion. The same could be saidfor Monster's "Tongue," for which the band brought out a mirror ball to complement Stipe's perfect falsetto. Safe to say, when thebandleftafter arousing"lt'stheEndoflheWorldas We Know It (andI Feel Fine)," they left their audience wanting much, much more. do that now >i, "The most important thing we do [in the Alumni Office] is keep an incredibly accurateaiumni data base. We know where are alumni are." she adds. This notonlyhelpsthelaw school to disseminate information to alumniaboutthecurrent happenings and i events of the school. but can facilitate a law student's job search with alumni contacts in a specific location. "If you want to know who yourclassmates are. I can give you a printout. We view ouras a U.B. Law family," she says. Given a last chance by the reporter ake a pi ug or two, Fleischmann would to remind all the law students of c upcoming events: On Thursday. Oct. 12, theGOLD Group, with theSBA. is hosting a happy hour at Pettibones from 5:30 to 7:30 p.m. Students get in free. Also, on Saturday, Oct. 2X, the Alumni Association is having its 20th Annual Alumni Convocation and 1995 Jaeckle Luncheon. The title of this year's ram is Elder Care Counseling for ly \s Practitioner and it starts at X:3O a.m. in the Atrium of the Center for the Arts. The fee is $5 for law students. Students can stop in thethird floorAlumni Office for more information. les Krd CROSSW RD® Crossword R.E.M. at the Aud Edited by Stan Chess Puzzle Created by Richard Silvestri 40 group 11 Bother 14 Domino plays page one 45 Lines overhead 46 Pre-election it 15 Bush-league 16 Overpermissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr. Adams (sos and TV show) 20 Gives the event 48 Ponzi scheme, e.g. 49 "HoldonTighr band 50 "I Still See once-over Villagers Slum problem 52 Nuts Workout spot 54 57 60 61 Jersey bouncers? 31 Zoo 35 Stretched out 64 65 66 loosely 37 Alcohol burner 38 Featured 67 players i '(Paint Your Wagon tune) Speaker of diamond fame Holds in check Different Gallerydisplay Is this in the style of a ..." 5 Issues orders 6 Little, to a lassie 7 Dyeing wish 8 Following along 9 Bird or Barkley 10 Dressing type 11 Where did this fruit come buddies 18 Artificial-fabric component 22 Mogul master 24 It's often set 26 Bar food 27 King or queen p. [3 [3 [5 ■■» p P* p po I ' 18 HHpFi 29 Inside... CDO Focus SBA party Prisoners Task Force 35 38 39 Jc - 60 64 H 67 bS 'B I abuse 51 Young.Ladd and King 53 Easily-split rock 55 Voiced 56 A foe of Pan's 58 Q.E.D. middle 59 Have value 62 Stomach muscles, for short 63 " dam tDoonT Fi p L 22 ' — H37 ■■■ 32 3i I HF^ b^TMfsF"' b6 ■ Bui cobbling 44 Biblical brother 47 Torrent of Bl^ ■" ' =4 36 Make a decision 39 Gave a hand 41 Came clean 43 Does some BKS 42 ■So 33 Authonty 54 Summer place 13 Babe's Holmes? Spanish sea Starin Cygnus Raise the spirits Persevere at 17 Holmes? 30 Certain servicewomen 32 Hitting cylinders from. Holmes? 12 Humonst Barry devilfish. attractions 34 Feel busy 28 How do the sheep get into the pen, DOWN 1 Cheta, for one 2 Guitarist Lofgren 3 Address m 4 "The bombs bursting 42 Ne plus ultra 43 Go back to tip 21 23 25 26 29 68 Pieces of eights? 69 Inhibit Friday 41 Imposing ACROSS 1 Monkeyshine 6 Withhold the 62 63 lIU6 " tokeep uation. Mostalumni three yearsyou are in law school you shouldseek out opportunities to network with alumni." seek out opportunities to network with which meets monthly during the academicyear. The board interacts with the law school's administrationand faculty to plan educationaland social events for law students and alumni alike. Equally important, the Alumni Association lobbies the legislature and the University's administration to keep funding up. Just two weeks ago, theAlumni Association hosted a meeting at the law school with New York State Senators Ken LaValle (R-PortJefferson)andMary Lou Rath (R Will iamsville) of the Higher Education Committee to "voice our concerns as the only law school in the SUNY system," Fleischmann notes. As the SUNY system is being restructured, the Alumni Association "wanted to make sure that they understoodthat the law school has alumni who vote and who care." Fleischmann also works with the GOLD Group ("Graduates of the Last Decade"), a separate alumni organization whose mission is to provide programs and events for law students that tend lo be lessformal and less expensive. The organization provides educational 1 ". . .the whole not The whole three years you are in law school you should IleneFleischmann, Asst. Dean Fleischmann urges students 11 contact with the law school upon grad- B II ■I I �8 THE OPINION TELL IT TO THE JUDGE! Has the first month of law school left you lonely? Overwhelmed? Without a friend you can trust? Well, happier days are here! JudgeFriendly, your personal conf idant,your wise advisor, YOUR SAVIOR, is coming! The Judge has had enough of writing those long,dry, impersonal opinions, and from now on will be providing an advice column in The Opinion answering your questionsabout life, love,and the chicken case. To reach the Judgejust drop a note in Box 640 by next Tuesday, October 10th. Don't worry this is strictly confidential! But we will print the juiciest questions and answers in the interest of filling space. So coming next issue, watch for: - i " Dear JudgeFriendly" AslaNAmErlcAnLaW StUdEnTsPROUDLY PRESENTS for the Month ofOCTOBER... Friday, 10/13- A discussion with Professor Setsuo Miyazawa @theFacultyLounge, 545 O 'Brian Hall from 12:30pm-2:00 pm. The topicfor this discussion will be "Toward the Transformation ofJapanese Legal Culture." YeS, refreshments will be provided...butyou mustRSVP with the Baldy Center in room 511 ofO'Brian. Tuesday, 10/17-A discussion with Professor David Levine @ the FacultyLounge, 545 O 'Brian Hallfrom 12:30pm- 2:00 pm. The topic of discussion will be desegregation in San Francisco. nO, it's a brown bag lunch so you '11 have to bring your own food this time....but we'll provide the drinks. 10/20-10/22A NationalAsian Pacific Law Students Association(NAPLSA) conference is occurring in New York City. Meet with law students from all over the country. Ifyou 're interested in going, talk to an E-boardmember ofAALSA. RIDE BOARD Need a ride home? Looking forpassengers to share expenses ? Welcome to the law school's Ride Board! To post a needed ride or one you plan to take, just drop a note with your name, box number, phone number (optional) and travel plans in Box 640 by next Friday, Oct. 13th, andTht Opinion will print it in the next issue! Release from Liabilityforms are available at (he Law SchoolLibrary. FEATURES October 3, 1995 Feature Column By Dan Killelea Running Man It all started about a month ago. My friend (I'll call him "Mike," to protect his identity) and I decidedto lest our athletic prowess, demonstrate our fortitude, and prove our manhood by running a 5K race. Now, I know thatdoesn't sound very far to most of you. In fact, many of you are probably saying to yourselves that you could easily handlesuch a short run. But try to remember that 5K means 5 KILOMETERS, and when you convert from themetric system it means you're actually running about 20 miles. With only four days to train for our first SK. the "Buffalo Police Chase" ("which is a lot faster than it sounds), Mike and I set to work, knowing full well we'd have to live cleanand tratn hard to be at our peak come that Saturday. We ran, we lifted weights we even used Mike's Thighmaster. We worked as hard as we could and we were as ready as if we'd never taken the summer off from the grueling physical challenge that had been First Year. On the way to the hospital after that race, Mike and I talked about what went wrongfor us during our run. Okay, that's an exaggeration we never went to the hospital. But Mike did start to cry during the race, and I thought I was goind to throw up. While I had managed to finish sth in the Women's Over-75 class, Mike had only come in 12th, and the reality sunk in that we were not quite the runners we'd thought we wouldbe. For some reason, Mike and I decided to enter another SK, and to work even harder in preparation. As luck would have it, the Linda Yalem 5K Run fit right in with our training timetable. I knew that in order to better my timefrom the Police Chase, I'd have to take seriously all those things thatrunners do to improve their performances. So I started to drink Gatorade with every meal and stretching out became thefourth "S" in my morning routine (ask a guy if you don'tknow the first three). I was even thinking of shaving all of my bodily hair until someone mentioned that that was a pre-race Opanshuk - - Leuby graphic activity usually reserved for swimmers. I may not have been ready for the Ironman Triathlon, but I felt confident that I could at least beat one of those racewalkers. Needless to say, I didn't. I can't say for sure what I should've done differently, but it's likely that trying to sprint thewhole 5K didn't help. I figure I peaked too early. Li ke about 4.5K too early. Mike might've set some sort ofrecord himself if the race hadn't been so darned long. Or if that woman withthestrollerhadn'tknocked him off theroad. And I shouldpoint out it was really hard to run without spilling that cup of water they gave me halfway through the race. On the other hand, I did manage to finish in one piece, and I didn't feel like vomiting even once. Of course, my time was about five minutes slowerthanit had been at the Police Chase, but that was most likely because I didn't save anything for the sprint at the end. Maybe next year I should try one ofthose"Breathe Easy" nosestrips... Group Spotlight: Prisoners TaskForce UB Law Group Educates Inmates by Suzanne Ellen Sheard, Reporter The Prison Task Force is looking for first-, second- and third-year law students interested in providingan important link betweenU.B.Law School students and inmates in local prisons. Each semester the Task Force leaches an eight week Legal Researchand Writing class at one or more Western New York prison facilities. This worthwhile organization, under the umbrellaof theNational Lawyers Guild, is inviting you to become a teacher! Dan Werner, 3L, who is a former coordinator, confirms that "teaching helped me to develop my own research and writing skills. We all know that thebest way to learn something is to teach it." Arethereany requirements? Theonlyrequirement is a recent tuberculosis test. A representative of the Department ofCorrectional Services comes to theLaw School and presents an orientationprogram which provides students withrelevant information and answers any questions the students may have. TheTask Force furnished each inmatewilhone copy of the WrenandWren textbook andone copy of a student handout. The publisher of Wren and Wren helps out by providing ihe textbooks to iheorganization at cost. Teachers are provided with teaching manuals, which are shared. In Ihe Fall semester of lasi year, Ihe Task Force taught at Attica and Orleans, and in Ihe Springal Albion and Wyoming. Thus Fall Ihe Task Force isconsidering teaching at Wende. So you're no! interested in teaching? The Task Force also answers letters and other mail from inmates. The inmates usually request research (for example, to assist them in responding toacourt or in fuilliciancc of a prospective issue on appeal) or research materials Ifyou enjoy doing research and writing, but prefer not to teach it. this might be your niche. "By answering these letters, we are helping prisoners to assert their rights," remarks Werner. This organization also sponsors speakers who come to the Law School to discuss prisoners' issues with concerned.students. If your executive skills (such as the planning and coordinationof these discussions) or political skills, leadership ability, or aptitude for public speaking are in need of a forum, there are plenty of opportunitieswiththePrisonTaskForce. Plus.elections for executive positions will be held in the near future. TheTask Force hopes to address a variety ofissues thisyear, from prison sexual harassment and rape to drug policy issues. Jim Fumia, IL, a member of the Task Force, recommends that "any law student who is interested in a career involving the criminal justice system should take advantage ofthis opportunity for a hands-on learning experience." Besides, adds Werner, "all the studentswho have participated in the program have really had fun!" The next general meeting of theTask Force will be held onTuesday, October 3rd, at 3:30 p.m. in Room IDS. Everyone is urged to attend the meeting and to help this organization maintain this vital link. PERSONALS To submita free personal, justdrop it in b0x640! �October 3, 1995 FEATURES THE OPINION SBA Party at Heenan's Irish Pub Photos by DavidLeone Text by Molly Kocialski LEFT: Look...the 1L 's do smile. Ida Comerford, Sue Swiatkowski, Michelle Jaros, ChrisPotosnak, Cheryl Insinga, and Brian Remy. RIGHT: Does the show "Cheers" come to mind? Wait...which one is Norm ? JohnAlfano, BillMcDonald, Greg Miller, David Leone, Alßurruano. LEFT: Are Y'all posingfor thispicture? Left to Right, Martin Raikes, Hector Chavez, Martin Cortez, Sylvia Valentin, Elevin Mercado—you 're supposedto have fun. RIGHT: Bill's friendsLenOpanashuk, TomSchleif Tony Pegnia, and Prue Fung support himalways—in this case literally. LEFT: Terri Brophy and Erin Pelnik are hanging out with Greg Miller...Greg, your smile is so big. RIGHT: Chris Nixon wins the prize for cheeziest smile. Did he learn that from you, Harvey? 9 �October 3, 1995 10 FEATURES THE OPINION CDO Focuses on the Public Sector In Sara Mccr.se, Special to the Opinion The Career Development Office will befocusmgon jobs in the public sector throughout the month ofOctober. There will count your fellow students'experiences. Throughout themonth. students whohave worked in the public sector will discuss their wtil iollow at ft p.m. Didyouknow '.ha*, during the summer of 1995, students from UB be panel discussions, brown bag ml ormalion sessions, a recognition reception and more. Keep your eye out lor CDO notices on upcoming events. Take advantage oi the information ■sessions...attend' Looking tor public sector |ob opportunities'.' Try searchon Westlaw. A Westlaw representative will conduct an ing information session on public sector (government and legal services) job searches at the end of October. If computers searches are not your area of expertise, come to Amy Tobol's session on How to Find a Public Interest Job, on Monday, NAPIL Rural Legal Services Corps, Ihe Buffalo Public Interest Law Program, the Dean's October 9th at 4:30. UB Law has joinedPro Bono Students America (PBSA), a national database listing employers looking for students to volunteertheirtime. Looking for practical experience? Here's your chance, volunteerwith PBSA. Looking for something to do during that long winter break? Again, here'syour opportunity lo make some connect ions, gain some experience, and fill those long winter days. The Director of the Program, CuriCrossley from NYU Law, will be holding a panel discussion with participating agencies in theBuffalo area (Volunteer Lawyers Project, Neighborhood Legal Services, the ACLU and more)on Tuesday, October 10th at 4:30. Public Service Program, and the Sara Meerse jobs during Brown Bag sessions(bung your lunch or breakfast i. Currently. 4 are scheduled: Monday, October 2. irom i 2-i. Tuesday, October 3. from9-9:45; Monday October 9. trom 12-1: and Wednesday, October 1!. from ! 2-1. Have you noticed that many public.sector |obs are volunor teer "bring your own funding?" Fellowships are highh competi tiye, so why not look to other sources. Learn about grant writing techniques on Wednesday, October 1 1 th at 4:30. As many of you know, the NAPIL Public Interest Career Fair is Friday, October 20, in Washington DC. You can getsome interviewing and table talk tips at a "Sharking at NAPIL" information session, on Wednesday, October 1Kth at 4:30. This is your chance to have your questions answered and get some tips from fellow students who have successfully table talked into asummer job! The Career Development Office seeks to support your career interest in the public sector. Help us, by attending the Did you also realize that UB law students worked with Ralph Nader in Washington DC, served the urban and rural poor through legal services offices, and clerked i n the U .S. Attorney General's office? This reception is an opportunity to meet these eventsscheduledduringOctober. Wewillberemindingyouot fellow students in the public interest. ALLAREWELCOMEDTOATTEND. Don't Sara Meerse is a Graduate A ssistant in the CareerDevelopment Office. dis- upcoming events in mailbox notices. Tax Theory,continuedfrom page 5 criticism oftechnical tax discourse, which she says "normalizes hierarchies, particularly in terms of gender" she relied on two recent decisionsof the Supreme CourtofCanada concerning the treatment ofchild care expenses and thetaxationof child supportpayments. University of Southern California law professor, Edward McCaffery explored the political implications of tax ina paper entitled "Tax as Text." McCaffery was followed by Stanford University law professor JosephBankman. Bankxnan.co-authorofthecasebook, Federal Income Taxation, debatedthe application of common law doctrines like"sham transaction", "substance over form" and others by the courts and the Internal Revenue Service. These doctrines, he argued, "generally have no independent analytic value because they do little more than restate a conclusion that the decision-maker has reached on other, unarticulated grounds." Bankman argued that the courts and rthe IRS shouldrely more on statutory i nterpretation, and less on bommon law doctrines, in their analysis of tax issues. The final panel focused on "Gender, Race, and Tax" issues and included Professors Beverly Moran and William Whitford from the University of Wisconsin, Professor Lily Kahng from Cornell University and Professor Kenneth Joyce from ÜB. In her paper,Kahng argued for therepeal of theQTIP [qualified terminable interest in property) rules and the splitgift election. She explained that "The estate and gift tax system...perpetuates marriage as an institution in whichmen, because of their greater wealth and age, dominatewomen,and in which women are used as conduits for the patrilineal transmission of wealth." Professor Joycefocused on similar issues in apresentation entitled "Gender and Tax A New York Experience." Joyce focused on thefederal estatetax obstacles that spouses encounter because of New York's abolition of dower in 1994. He explained that both the state and federal tax systems "continue to provide, obstacles to equitable improvement, without any lustifiable basis in tax policy." The School of Law The State University of New York at Buffalo invites you to attend ... A Gathering to Remember Alan Freeman Thursday, October 12, 1995 3 PM The Theater 201 Student Activities Center - Professors Beverly Moranand WilliamWhitfordoffered several examples to rebut the presumption that tax benefits are equally distributed in accordance withrace. According to their data, tax benefits like thewealth transfer provisions and home morigage interest deduction are disproportionately experienced by whitesbecause ofblacks limited access to wealth and opportunities to acquire capital. Moranexplainedthatbecau.se the "deep structures of [American] society are based on racism" this racism is also reflected in the Tax Code. Professor Staudt, currently on leave ut Vanderbilt University Law School said sheis optimistic that CriticalTax Theory will gain increasing acceptance in academic circles. She stated, "scholars are already dissatisfied with the fact that the traditional tax scholarship ignores sexual orientation, race, gender, and class. This dissatisfactionsuggests that it will gam some acceptance throughout the field." As for the next Critical fax Theory conference, Staudt added, "The conference was a success Peoplearc already talking having another conference nexl year " Dean Barry B. Boyer, presiding Speakers Peter Gable Thomas E. Headrick AlKatz William J. Magavern & Sarah Nichols John Henry Schlegel Thomas E. Schofield Reception Following �October 3,1995 THEOPINION 1 Groups, advertise for free on the Docket for more information, call 645 2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu $ CROSSW RD® Crossword lalnltl i IcMsltUlflfMaToTo ptTTAN oßm I Ji|ORBLAIX_ iMeMeE c. IittTAMETAN MIE N ■tTl<" I M ■■■'RIAjTJSj^AIcKOjHi spTa WfK T ifsMriraTTNToTs T I ll Bnlß_A £IjDME|TIN A r iiAiDjims a IPaE 3a otltb x lEmJE 01l SMO T H|ElH|| cioinltlr a" SHMa 3a maEIJaIjAll. m a!rß_d|e nje BMrTTAilii ptUTVBETsTsIiIsBDIEITrEIR - 00C2 Personals are FREEH! Place yourpersonals in box U 111and »i mightprint it. �October 3, IWS THEOPINION 12 BAR/BRI BAR REVIEW y,;j«| MPRE COURSE flraitpM Prof. Michael Spak BAR/BRl's NATIONAL MPRE LECTURER degree fiorn Northwestern University School of ijw. .hac hC «.» Ford Found..™ cilow, and his bachelor' and law degrees from Del'aul University, vie .c served as associate editor of theDei :m Law Review. He was professor of jw at DePaul University from 1969 to 1974 and joined Chicago-Kent as a professor in 1974. He Ills been a national l?ciurcr for BAR/BRI /or more tJian 20 years. I _ Date: Saturday, _ Oct. 28 Place: Buiialo Law School _~ - «« y* TiillO *//**�• • -* ■ -j i ft/ JvOOH 1 AUO 1O A IVf 7 PIVI lUrilVl ™** I IVI , \4*^J Aj\^ >i For additional MPRE course locations, sec reverse. FREE for all BAR/BRI enrollees The MPRE will next be offered on Friday, Nov. 1(1. To lake the lIAR/HRI MPRE COURSE complete a course application and return ii lo the BAR/BRI office. (see reverse) NO ADDITIONAL PAYMENT BEYOND YOUR $75 BAR REVIEW COURSE REGISTRATION FEE NEED BE PAID. ENROLLMENT IN THIS PROGRAM DOES NOT CONSTITUTE APPLICATION FOR THE EXAM TTSELI. Applicants must contact the National Conference of Bar Examiners at (3 1 c J)-337- 1287 lo obtain an application for the test or contact our office and we will forward one to you. Applications for the November MPRE must be postmarked by Friday October 13.1995. BAR REVIEW TO Let the POWER OF EXPERIENCE work for I . Q | ...i. - I yon WHY BAR/BRI _i....... i BECAUSE EXPERIENCE COUNTS For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW Id Ihe POWER Ol EXIM-lUENCEwinrk (bryou � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-10-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 03.10.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/3/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fabc2d57501398ea45d71c35144ced87.pdf 38c12daef1f804a199a87d6d4f2f9024 PDF Text Text I 111:11 _j ■ ■ : ■■■■■■■■■■■■■■■ ■ 1 /ipii?n Ur\JbJJ I T?T?A TT7JPJ7C Q <fc A with Prof Schlegel See I Law students go theeforth from thy stupor. See page 4 I Ir^r^r^r^rHHrßr^MMMrlr^HHMraMMlHrßHr^rlWa W page 9 .. ■ 1111. — ■—^———: : 3rinf;infi the issues to the students since 1949 THE OPINION Volume 36, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 1, 1995 SBA Emotions stirred by ESLS request for funds Symposium organizer grilled by budget-conscious SBA by Deshika Botcjue, reporter fundraiser this cover some of its She Controversy erupted an otherwisecalm and smoothlaw sports ESLS holds mentioned, however, that she was planning bagel sales in running Student Bar Association meeting last Tuesday semester to costs. at whenLynn Wolfgang ofthe Entertainment and Sports Law Society (ESLS) requested extra funds from the SBA. She asked for immediate receipt of the money to cover a the future to pay back the costs. But Toth acknowledged, "This is thekind of event the speaker fund is for." Smith then brought up the ethical issue of the ESLS's passing up rooms that were free of cost in favor of the Balcony Lounge knowing all the while that they were short on funds. He suggested that the ESLS should ask other groups with similar interests to help cover costs. JoAnne Howlet, 3L Director, agreed with Smith and emphasized that fundraisers are an effective way to publi- symposium by Mike Chase. Features editor financial shortfall regarding the Society's First Symposium on Sports Law in Western New York. Wolfgang, chairperson of the event, informed the SBA that the ESLS had exhausted its current funds and needed an additional $550.00 to cover expenses for the Symposium. Wolfgang argued that without assistance form the SBA, the ESLS would be unable to pay for microphones, foodand drink, and the room designated for the symposium, the Balcony Lounge Center for the Arts. SBA members disagreed over proper courses of action concerning the ESLS's request. cize events, especially one of this magnitude. The ESLS's First Symposium on Sports Law in Western New York features Kevin Billet, Vice President of Business and Legal Affairs of the Buffalo Sabres, Michael Buczkowski, Buffalo Bison Baseball General Manager, James Overdorf, Buffalo Bills Director of Business Operations, and Vince Tobia, attorney for Lipsitz, Green, Lynn Wolfgang JeremyToth, SBA VicePresident, reminded Wolfgang that he had asked student groups to present their prospec- tive budgets to the SBA during the first week of school to avoid precisely these types of problems. 2L Class Director, Mike Beckelman, acknowledged however, that due to the earliness ofthe semester, difficulties may have existed in gaining access to the SBA board and class directors. Rob Smith, 3L Class Director, inquired whether the requested $550.00 would be withdrawn from the SBA's speaker fund. Mercedes Lindao, SBA Treasurer, responded that the SBA controls a $3,000.00 lecture line for the Fall semester. This lecture line financially assists student organizations in their efforts to bring outside lecturers and speakers to the law school. The ESLS request for immediate funds is contentious think, five professional sports teams here which offer See ESLS on page 6 since roughly 30 students groups are eligible for this limited amount. Lindao stressed the importance of asking for money on time because access to the lecture line operates on a first-come-first-served basis. Wolfgang said that although she had coordinated this symposium since the summer, she had not conducted a Fahringer, Roll, Salisbury & Cambria. Many SBA members expressed full support of approving the requested ESLS funds. 1L Director Judy Nocella, an ESLS member, stated that this symposium was positive publicity for the school and that on this basis, the funds should be approved. George Hamboussi, SBA President, also supported approving the funds. He admitted, "Sports and entertainment law is something I'm interested in. I'm not interested in public interest law." He later corrected himself and said that he was not interested in public interest law as a career. Once the debate concluded, 3L Class Director Sareer Fazili moved to grant the ESLS $550.00 from the SBA See Moot Court on page 3 Moot Court Board Apologizes for Confusion By Steven Bachmann Dietz, Managing Editor Susan Etu and Dave Pfalzgraf won the 1995 Desmond Moot Court competition 0ct.22, a competition that was not completed without controversy. According to Teresa Brophy, president ofthe Buffalo Moot Court Board, the criteria for inclusion into the quarterfinals included in the problem packet was not the criteria ultimately used by the board. The problem packet stated that advancement to theQuarterfinal round would bebased upon The board then debated whether to base the criteria on oral scores or both oral and brief scores. Brophy said the board felt that basing the criteria on oral scores alone "would make for a better oral competition in the later rounds." After the competition, the Board de- cided to amend its constitution to state specifically that the criteria for inclusion into the Quarterfinals would be both oral and brief scores, she said. Asked what other measures would be taken to prevent future misunderstandings, Brophy noted that the board was writing down everything that happened in this year's competition so next year's board would know ex- both oral and brief scores, while advancement was actually based upon oral scores alone, Brophy said. The board was not aware of the language in the problem packets when it made actly what occurred. "In the future we won't have the same the decision of what criteria to use for advancement to the Quarterfinals, accorddifficulties we had this year," Brophy said. Some students also questioned why ing to Brophy. "We apologize for that profusely," she Pfalzgraf did not make the Buffalo Moot said. Court Board despite being part of the winBrophy said that the board consulted ning team. its constitution for the criteria, and the Pfalzgraf, for his part, seemed content document stated that the top eight teams with his accomplishments. advanced to the Quarterfinal round. "As a team Susan Etu and 1 had two "We thought the wording in the constigoals," Pfalzgraf said, "to improve our oral tution was the same as in the problem advocacy skills and to make a strong showing in the competition." packet," Brophy said. Desmond Moot Court Results Winners: Sue Etu and Dave Pfalzgraf Finalists: Scott Philbin and Jeremy Schulman Sue Etu and Dave Pfalzgraf Semi-Finalists: ScottPhilbin and Jeremy Schulman v. Dave Marshalland Karen Richardson SueEtu and Dave Pfalzgraf v. Caroline Hooper and Kristina Karle Quarter-finalists: Dave Marshall andKaren Richardson Caroline Hooper andKristina Karle MollieKoscialski and Jessica Murphy Scott Philbin and Jeremy Schulman Jennifer McGinty and Catherine Nugent Shawn Carey and John Crowe Sue Etu and Dave Pfalzgraf Prudence Fung and Michael Plotfhocki Best brief: Shawn Luther and Jason Sterne Best Orator: Scott Lovelock �NEWS/ADVERTISEMENT THE OPINION 2 November 1,1995 Winterizing with Wrenchhead by John "Wrenchhead" Gasper When I was 16, I wanted to go to tires is thoroughly useless if you can't get vocational school like all my buddies did so into it 'cuz your locks are all frozen shut. I could learn how to fix cars and hopefully It's really easy too. All you do is shake the become a cool 18 year old. Unfortunately can, put the little red tube into the nozzle, somehow stick the other end into the lock, I was the guy with glasses who had a penchant for enzyme chemistry and an over- and spray like hell. Then, use your key to bearing motherwhotold me that I could buy work the lock a couple of times to work the all the scrap yard heaps I wanted to after I juicearound and you should be all set. So far,this been the easy stuff and either the went to college and became a rich industrialist. Abstractia aside, I've noticed a lot of beer.or the solvent fumes,should be kickgorgeous women in sweaters lately and the ing in— let's really get nasty underthe hood. trees are expressing themselves so it must Oil, coolant, belts, battery, wiper be close to winter. That means you should squirts, transmission fluid, and brake fluidget overthatpsychotic judgefrom Desmond -these are the essentials that must be and "winterize" your car. checked. Squirts is the vernacular equiva"Winterize" is a buzzword for "perilent of windshield washer fluid. Find the odic maintenance" and as such, is merely a reservoir of blue water under the hood and way to get educated derelicts to spend a lot fill it up with some more of the same. DO ofmoney doing what they should have done NOT USE TAP WATER. Buffalo tap water anyway, only for a lot more. So put on some has a nasty habit of freezing in winter and ratty jeans and a Bills sweatshirt, and let's most cars with the exception of the get wrenchin. Mercedes Ultra cannot handle frozen The easiest thing to check first are the squirts. Use some of that windshield wiper tires. Proper tire inflation is the key to wash with antifreeze in it that's blue and good handling. Make sure you have snow tires, or all season radials. Check your manual or just read the side of the tire to ascertain the correct inflation pressure. Use a pressure gauge and adjust the pressure accordingly. Alot oflocal gas stations have free air so don't waste your quarters on the 7-11 wheeze-o-matic air pump. Remem- ber to replace the little cap or else when it really does snow out your valve will be frozen shut. Not swift. Next, pick up a can ofWD-40 and lube all the locks. A car with properly inflated Coolant, or antifreeze, is kinda imporFind the engine coolant reservoir under the hood and look at the "hot" and "cold" marks on the side. If the motor is hot, the level of green stuffshould be up to the "hot" mark. If it's not, thenadd some. Important point to all of you who still think chemistry sucks, straight Prestone sucks too. Youhave to dilute antifreeze 50/ tant in winter too. 50 with distilled water before you add it to the reservoir. Just read the side of the jug if you don't believe me. For you technoheads, refer to to your general chemistry texts under freezing point depression and boiling point elevation for the theoretical underpinnings. A bad battery and/or bad connections is bad. The connections should be clean and not have any nasty greencrudonthem if you plan on starting the car. If they do, clean them. The cells should also be properly filled. Although I must add that this is not a job for the average law student who has barely mastered pliers. This is a job for costs about a buck a gallon. someone with experience and know how. Next check the oil. With the car rest- The same goes for transmisson fluid and ing on a level surface, much like those brake fluid. Have either an experienced found on level parking lots, remove the mechanic check these or get a cute girl to dipstick, wipe it clean, and put it back sucker me into doing this for you for free. whenceforth it came, (note the official 3L Something you can do for yourself, use of legalese). Pull it back out and see though, is check the windshield wipers and how much oil is on the stick. There should put some carburetor/fuel injector cleaner in the car. Bad wipers equals bad vision be some little marks on the stick that indicate full, one quart low, or your engine is equals bad accident. If your wipers are dry and you're the proud owner of a boat streaking or just not wiping at all, feel free anchor. See where the oil comes up to in to replace them before it's cold as hell out regard to these marks. If it's low, add some. and you won't wantto do anything at all. It's cheap. It's fast. It's low in calories. Some of you out there say you want to an be environmental lawyer. Ever hear of the saying "Think globally, act locally."? A dirty engine wastes precious fuel while simultaneously polluting even more than usual. Some carb cleaner will solve this problem. I recommend STP Super Concentrated Fuel Injector Cleaner. I really used to be a chemist. I really tested several brands. I really thinkthat this is the best one out there. "Out there" being K-Mart and the like. You pour it into the gas tank before you fill up and Voila! Life made better through chemistry. An environmental lawyer with a dirty motor is hypocritical and exhibits a definite lack of integrity. Last but not least for todays class concerns the body. You can hide your own mass through all black baggy sweats, but your cars paint can't be as readily disguised. The Buffalo Streets department apparently has some kind of psycho-sexual fascination with road salt. Road salt causes cancer in cars. Wax yourcar! It's more than worth the effort. Hopefully, if you follow these simple steps and whatever other ones I am coerced into discussing next time, you will be able to Autobahn with the best of them during our lovely upcoming winter. Ifyouhaveany questions, please send them into the Wrenchhead care of "The Opinion" (Box 640) or just take me out for an exquisite dinner with a view and I'll answer your queries gladly. THE #1 REASON SO MANY PEOPLE CHOOSE PIEPER PIEPER PEOPLE PASS! ISN'T THAT WHAT A BAR REVIEW COURSE IS ALL ABOUT? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 PHONE: (516) 747-4311 1-800.635-6569 THE, BAR COURSE THAT CARES. �NEWS November 1,1995 Moot Court Controversy, THEOPINION 3 continued from page I Five quarterfinalists were not invited to join the Moot Court Board "As a team, we accomplished both goals we set for ourselves," he said. To determine who is admitted as an associate member, the board averages the scores for the written briefs and the three preliminary oral rounds, Brophy said. The scores for the written briefs are the same for each member of the team, but each member is scored individually for the oral rounds, she said. If one partner scores better on the oral rounds, that partner would make the board even if the other does not, she said. Brophy did not know whether any past member of the winning team had failed to make the board. Brophy said that therecord keeping of past boards was less than satis- factory. After the competition, there was a proposal for an amendment to the Constitution to automatically designate the member of the first place team as a board member, Brophy said. There was passionate debate on both sides of the issue, but in the end, a majority of the board voted against the Buffalo Moot Court Associate Board m III,I 1 :: J Members . IIm IIill " II :s s ;Shawn Carey amendment, she said. Brophy congratulated the competitors. it■1 31 She said that all the comments from the judges faculty and students who attended were very complementary of the students 1, Allision Puglisi Colleen Farrell Met mcock11 ThomasRhee arle Karen Richardson Kri ott Lovelock Bill Santmyer who competed. "The competition was a tremendous success for all those who participated." Pfalzgraf said. Thomas Splain Christopher Nickson r:> Julie Vande Velde Heather Wasiteski Denise Yates People Unite, Take back the Night 'men, Reporter FBI. report, which also states that one out k Ihe Night demonstration began in Harnman Hall's Black Box Theater on the South attended "Take Back The Night" is an annual event designed to increase awareness aboui comn event -• . .. - tease This vcrsity as well as in the City of Buffalo, T a can ,H--".n\ resells" • down -i Mm Buffalo s? ; lent survivors of rape and sexual assualt came to .■■-. spread ■ ences ci 'x. in an t: n ■ -• Di i l ry lead■' ings memhei .1. h ;■ Task '-■ minutes to Force ■ represent how frequently j woman is raped in the Unit e-t! "i 1993 i ii — • • > '' • ofeigt clinic, byawnmaiA separate part of this event was the clothesline project Survivors or those who care for survivors designed shirts as a visual display to bear witness to the violence, and hung them on clotheslines to show 1 ints to snail y remerr >■" •■< violent report ■ Ihe 0.. -ncdical an; .illy in ' the cv.- - .. . .. Ttantly, remember this: "Consent" under duress is not le. Bui, as me urvjv. vh ■ ■ rlerisaid, "People ■ ■ ge with them n< >rut -ut every night, its uneswhen Sprea-.il' vo-'U v am live in you g( ho ■ ...-.. fear no lony* " i >cfe The , Night'" ' ', * J Despite falling back, time marches on By Jessica Murphy, News editor We all just just "fell back" an hour this past Saturday. In an effort to "save" daylight hours, we "spring ahead" every April, or "fall back" every October by exactly one hour at 2 am on the first Sunday of those months. Daylight savings time was first men- tioned by Ben Franklin in 1784 in an essay satirizing efficiency experts, but William Willet actually touted the idea seriously in hisl9o7 pamphlet, "Waste of Daylight." Daylight savings timewas put to use in the United States and other European countries during World War I to conserve fuel.During World War 11, Congress put all of the US on "war time" mandating that the country run one hour ahead of standard time. During peacetime, this practice came under heavy fire. Farmers were unhappy, because their lives were determined by sun time. Following daylight savings time their lives on two different The controversy effected public clocks. meant running transportation as well, because the buses, trains or planes crossed into every minitime zone. In 1966, Congress passed the "Uniform Time Act" which created a system of uniform time within each time zone, but also exempting those states whose legislatures voted to keep the entire state on standard time. In 1986, Congress passed legislation which mandates daylight savings time begins at 2 am on the first Sunday ofApril and ends at 2 am on the last Sunday of October. --All information gathered from "Daylight Saving," Microsoft (R) Encarta, Copyright (c) 1994 Microsoft Corporation. Copyright (c) 1994 Funk and Wagnalls Corporation. Domestic Violence Task Force personal needs drive smashing success By Kristin Greeley, Assist. News editor On Tuesday, October 24, andWednesday, October 25, UB Law School's Domestic Violence Task Force sponsored a personal needs drive for Haven House, a local shelter for battered women, as a part of their Domestic Violence Awareness Month. Outside of the Law School library, Task Force members collected items needed by Haven House, like personal hygiene items, disposable diapers, craft supplies, and prepackaged snack items. would," said Hooper. In conjunction withthe personal needs drive,the group also soldt-shirts and handed purple ribbons to help increase aware- out According to Caroline Hooper, 2L and Co-President of the Domestic Violence Task Force, over twelve bags of donations had been collected along with over $100.00 in cash donations. "Everyone's been great. We've collected more than we thought we ness of domestic violence. The Domestic Violence Task Force extends a special thank-you to everyone who donated items , and to Jenn DeCarli, Patrick Maher, and to all of the Task Force members who contributed items and their time to collect donations. The Domestic Violence Task Force hopes to sponsor another drive for Haven House sometime later during the school year. Donations are still welcome, and can be made by contacting Caroline Hooper (Box 698) or Kristina Karle (Box 705), or the Domestic Violence Task Force Office, located in room 603. SBA clashes over ESLS Symposium, continuedfrom speaker fund. Smith added a friendly amendment by moving to approve the funds contingent on a good faith effort on the part of the ESLS to receive -10 weeks in an environmental or animal rights setting. The motion to grant SOLAR its rollover money was approved 16 0, with 2 abstentions. Lindao presented another motion to pay bills encumbered from the previous - financial help from other student groups with similar interests. Howlet proposed a friendly amendyear for three student organizations. These ment requiring the ESLS to hold bagel sales organizations, the AsianAmericanLaw Stuto raise money and publicize the event. Due dents Association, the Black Law Students to the proximity of the symposium date, Association, and the Jessup Moot Court though, this amendment would be too de- Board, were not responsible for the outmanding on the ESLS and it was, therefore, standing bills. The motion to pay the eliminated. encumberances passed 17 - 0, with 1 ab- Fazili then accepted Smith's motion and the SBA voted in its favor, 16-0, with 2 abstentions. The ESLS'sFirst Symposium on Sports Law in Western New York will be held Monday, November 6, at 6:30 p.m. at the Balcony Lounge Center for the Arts. Three other motions were brought before the SBA. The first was Smith's request for $1,009.75 from SBA rollover funds for the Students of Law for Animal Rights (SOLAR). SOLAR had raised this money through a concert benefit and at the end of the Spring semester the money had been absorbed by the SBA. This money would complement the current $1, 173.79 held by SOLAR to create a fellowship for a first or second year law student to work for stention. The final motion brought before the SBA involved Phi Alpha Delta (PAD). Harvey Siegal of PAD acknowledged that he had "screwed up" and thatdue to his own mismanagement, PAD had a budgetary shortfall of $820.00. Siegal then requested a $900.00 loan from the SBA and was willing to lower it to $700.(X). This money would enable PAD to hold its fraternity initiation and cover advertising costs. Fazili then moved to lend PAD $700.00 which would put the organization in the red according to the sub-board inilil il paid back the amount, but would not freeze its funds. The motion passed 9-1, will) 7 abstentions. At its next meeting, the SBA will vole on a motion proposed by Pete Thompson, SBA Parliamentarian, to amend andreorganize the by-laws under which theSBA operates. The proposed amendments to the bylaws will enforce stricterstandards on SBA voting, office hours and attendance, meetings, duties, and the operations of student organizations. Class Directors also presented items from their agendas at this past Tuesday's meeting. Shantelle Hughes, 1L Director, inquired about the process to rank professors. Acknowledging that the last ranking was conducted two years ago, Hughes expressed students' interest in reviving the process. Prudence Fung, 2L Director, agreed to ask the Academics and Rules Committee whether end-of-the-semester professor evaluations could be used by students to rank professors' performances for themselves. Alfredo Acevedo, 2L Director, next informed the SBA of progress in his efforts to extend library hours during the final exams period. Of three priorities, he first wanted to organize a committee of SBA members to gage student interest in extending library hours. Recognizing the issue of safety, Acevedo next wanted a public safely official at Ihe library during the ex- page 1 tended hours. Acevedo also wanted to conduct a student survey to see if other provisions were necessary. He added that the only extra costs to extending library hours were incurred by extra use of electricity, the employment of 2 more work-study students and possibly a safety official. Acevedo also proposed that costs could be minimized if the library was open only to law students during the extended hours. He was concerned, however, of the ethics of closing a public facility, such as the law school library, to the community. Hamboussi suggested having a trial period to determine the program's success. Smith added that empty classrooms were a good place to study but complained that maintenance personnel ask people to leave at 12 to 1 a.m. Hamboussi recommended that someone should ask the maintenance department to clarify their policies on studying in empty classrooms at night. SBA parties were also discussed at the meeting. Lindao announced that the Barrister's Ball, a formal event, was scheduled for March 1, 1996, a Friday, at the Hilton. The meeting concluded with the announcement of Ihe SBA Halloween parly on October 30. �THEOPINIQN 4 OPINION EDITORIAL US Novemberl-, 1995 ,50 I'tt *££ yooS .. Founded 1949 , , ,„„,,. i 36, kt Volume Noa 4 November 1, 1995 ** \r Samuel S. Chi Editor-in-Chief Steven Bachman Dietz Managing Editor EDITORIAL: We could have had the time of our lives... The field of law is changing. As future lawyers, we need to rely upon collegues affiliated in different fields in order to succeed. As students at ÜB, we have a unique opportunity to network some of those needed connections early because we have so many graduateprograms on campus with which to make connections. So, why aren't we? Law students have a bad rep on campus for being exclusive and rude. There are ways to improve this, but thatentails finding out where people go out on the weekends, and that's tough when we're so isolated in the law school. Actually, the SBA was approached by the business school about contributing towards a happy hour, but the SBA decided that funds were too limited to participate in the venture. So, as law students, we're really being seen as cold and uninterested, and party poopers not willing to share our toys The SBA wasn't incorrect in refusing based upon funds shortage. They really don't have the money to expend. In toto, the SBA has a budget of $3000.00 with which to run the Barrister's Ball among other things. You see, the business school was asking for $800.00 dollars from our coffers to participate in the joint venture, and would have given part ofthat money back, depending on how many law students actually attended. The problem here is that as future lawyers, we're missing out on one helluva networking opportunity at that happy hour, and for those single people out there., .the opportunity tomeet people outside ofthe law school. But, sadly, no alternative measures were explored by the SBA to see ifthere was another way to participate. Maybe next time... For the law school to have participated in the venture, it would have required every student in the school to give about $0.80 each. There would have been a 1 to 2 dollar cover-charge, but the food and drink would have been free, the cover-charge returned to the SBA, and we would have had a chance to clean up our campus reputation as the party animals we really are. Think about it, for those opportunities, would you have coughed up $2.80? It's less than one lunch...and a lot less than a night out...you can't get a movie at Blockbuster that cheaply. Now, theentire venture has been scrapped because of lack of interest...not just on our parts, but also on the parts of the medical and dental schools. Perhaps, next time we can gather a little gumption and put an undertapped resource to work for us. If you can afford a dollar...you can make some connections you never thought possible...lf you receive a letter In your mailbox, or seea table in the hall, stop and ask. How many of us think nothing of blowing fifteen or twenty bucks on case notes? If you can afford a couple of dollars, and some time to head over tosomeplace like the New Pink after work on a Friday, then you're also grooming your future. Think about it. STAFF Interim Business Manager: Production Manager: News Editor: Features Editor: Photography Editor: Art Director: Lisa C. Nasiak David Leone Jessica Murphy Mike Chase Molly Kocialski Len Opanashuk If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Friday before we publish. Your submission must be typed, doubted-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space as necessary and also for libelous content; we wilt not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 640 Desmond results explained To the Editor: It has come to our attention that many competitors in the 1995 Desmond Moot Court Competition have questions about the criteria used to determine which teams advanced to the Quarterfinal round of the competition. We would like to clear up any confusion. At this year's competition, teams advanced to the Quarterfinal round based solely on the combined oral scores. In years past, teams advanced based on average of briefand oral scores. The decision regarding advancement criteria in this year's competition was an executive board Assistant editors: Features: David Filch, Dan Killelea; TVeu-.y. Julie Meyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan BaranolTand Peter Zummo. Computer consultant: Peter Beadle Ices Tell us your opinion! lhc Opinion is a nun-profit, independent, studcnl-owned and run publication funded by the SBA from student law the Opinion. StJNYAI Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147 lhc Opinion is published every two weeks during the Fall and Spring semesters. Il is the student newspaper of ihe State University ol New York at Bullalo School of Law. Copyright 1995 by "l"he Opinion, SBA. Any reproduction i>l materials herein is strictly prohibited without the express consent of the Ldiiors. Submission deadlines lor letters lo the editor and Perspectives are 5 p.m on the lriday preceding publication. Advertising deadlines are 6 p.m. on the l-'riday preceding publication. Submissions may either be sent to lhc Opinion at the above noted address, dropped oil under The Opinion office door (room 724 O'Brian Mall), or placed in Box #10 or #280 on the third Boor ol O'Brian Mall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Ixllcrs are best when written as «i p.m nt a dialogueand must be no mine than two pagesdouhle-spaced. Perspectivesare generally opinion articlesconcerning topics ol interest to the law school community and must be no more than lour pages double-spaced. The Opinion reads ami appreciates every letter and Perspective we receive; we reserve the right lo edit any and all submissions lor space as m cevsarj and also I'm libelouscontent. lhc Opinion will not publish unsigned submissions. We will return your disks lo ynui campus mailbox or lo a private rnailhox il a sell-addressed stamped envelope is provided. Ihe Opinion is dedicated to provide a iorum foi the free exchange of ideas As a result, ihe \ icws eetprcYscd in'this new are no) necessarily Ihose ol the tulilors or Stall ol Ihe Opinion. , 4 ,', ;■ "(tmgrtw shall make na Uih ....abridging the freedom of speech, or of the press;...*' (— . tt f **' ,_ , decision. The executive board consulted our constitution, which states only that the top eight teams advance to the Quarterfinal round. When the decision was made, the Executive Board was not aware that the problem packet indicated that advancement to the quarterfinals is based on both oral and brief scores. It was the executive board's understanding, based solely on our constitution, that there were no codified rules regarding advancement and that a decision had to be made. The decision was inconsistent with the problem packet, and we sincerly apologize for any confusion. To avoid the reoccurrence of this situation, the Moot Court Board has already acted to amend its constitution so ,that advancement to the Quarterfinal round wil he based on ■rr-rit both oral and brief scores. It is important to note that advancement to the Quarterfinal round has abso- lutely no bearing on which competitors are invited to join the Moot Court Board as associate editors. Admission to the Moot Court Board is based on the brief score and the individual oral scores for the Preliminary rounds only. Consequently, no competitor was affected by the error with regard to admission to the Board. The Moot Court Board recently amended its constitution to provide that, while third and fourth year law students may still compete in the Desmond competition and will be eligible for all awards, they will not be offered membership to the Board. However, we are happy to announce that a grandfather clause was also adopted, which provides that current second year students who compete in next year's Desmond competition may still be offered membership to the Board. Once again, we would like to thank all the competitors for their outstanding contribution to this year's Desmond Competition. This year's level of performance was exceptionally high and each competito deserves to be commended. Thank you for a successful competition Signed: Theresa Brophy, president David Hastings, vice-president Brian Melber, treasurer Michele Owdienko, Desmond assistant Jennifer Lyons, Mugel assistant �OP/ED November 1, 1995 THEOPINION 5 Follies and Fumbles Greg Mattacola Columnist After the Boys of Summer are Gone IT'S A CLASSIC! The 1995 World Series has been a beauty. Artful pitching. Clutch hitting. Gutsy base running. Games 1,2,3and 5 were one run decisions. Game 3 went 11 innings, with "Old Man" Eddie Murray driving in the winning run for the Indians. Dave Justice briefly found his bat in Game 4 and in Game 5 Greg Maddux displayed his musical talent, playing a little chin music serenade for Murray. This Series has had it all. Standout awards go to Cleveland's Kenny Lofton andOrel "Bulldog" Hershiser while Maddux and Fred "The Crime Dog" McGriff get the honors for Atlanta. Lofton, the leadoff man, is hitting and running like Ricky Henderson used to and Hershiser came back from the Game 1 loss to notch the win in Game 5. Maddox, although coming up short in Game 5, pitched a gem in Game 1, holding the Indians to their lowest run output of the season. McGriff has put fear into the Indian pitchers, hitting two homers. At printing time, the Braves lead the Series 3-2 withgames 6 and 7 in Atlanta. Who am I rooting for? Gotta go with Atlanta. Before the word bandwagon leaves your lips, listen up. I'm a National League guy who still winces at the words "Joe Carter or Mitch Williams." Plus, Mark Lemke, the second baseman for Atlanta is from my hometown. All right, he's from two towns over but when you grow up in Rome, NY, you take what you can get. No matter who you want to win, you have to love Chipper Jones, who plays 3rd basefor Atlanta. Just 23 years old, this guy has something for everyone. He's a player children can look up to, ladies love him and Chipper can play! He's a vacuum cleaner at 3'rd and has got one sweet swing. Not many things are certain in life but Rookie of the Year belongs to Jones. CBS may not have gotten to broadcast of any the Fall Classic but Dave Letterman took care of it. Letterman assigned 10 year old Sparky Mortimer to cover the Series for "The Late Show." Sparky has done a swell job and remarked after Game 5 that he has never stayed up this late so many times consecutively. Can you spell [consecutively] for us Sparky? edt. 's note: Game 6 ended up going to Atlanta, 1-0. Dave Justice cracked a solo homer to give the Braves the series. the Native nicknames do more to American history alive then they do to hurt it. When I hear a Native American complain, I will listen. All you other bozos, relax and watch some ball! MADAME PRESIDENT? I've said from the start that politics is cool. Politics is such a happening thing that actors and musicians love to look politically involved. The latest entry onto the scene? None other than that Matron ofMorality, Madonna. In a recent interview, Madonna said what she would do if she were President. On her wish list was schoolteachers being paid more than movie stars or basketball players and the entire armed forces would come out of the closet. Well, all right. Can you imagine what this woman would do to the tions Political Action Committee. What doesit do? Thus far, it's lobbying has been kept to Washington state politics with it's main purpose being to represent the constituency of young people and more specifically artists and musicians. Any success? You betcha. Recently, JAMPAC convinced Washington Governor Mike Lowry to veto an overly broad anti-pornography bill that had passed the Legislature. Regardless of whether you agree with their views, it's encouraging to see this kind of involvement. Rock on. M-I-C-K-E-Y Why? Because he's a child molester. Just as Desmond Moot Court concludes, with its' topic having been the mandatory registering ofsex offenders, It took all IT ALONE. of Disney finds itself in yet another quagmire. LEAVE about two seconds after Cleveland made it White House? I shudder to think. There is It seems that the director of the new movie, to the Dance before all those bastions of a rumor that Dennis Rodman has expressed "Powder" is a convicted child molester. justice startedthe nicknametalk again. You interest to be her running mate. Not onlythat, but his then 12 yr. old victim, now 20 yrs. old, has come out publicly to know, how the words "Braves" and "IndiREMEMBER HIM? Do you rememprotest the movie because of the director's ans" are derogatory to Native Americans. Frankly, I'm tired of it and I know I'm not ber that band that hit it big a few years ago? involvement. Disney was still reeling from the only one. The same thing, on a much People said they ushered in this new era of "The Priest" andall ofits' bad press and now smaller level, happened at St. Bonaventure. Alternative, now mainstream, music. I think this; which brings even more attention to The Brown Indians had to change to The they were called Nirvana. The lead singer, whether or not sex offenders should live Bonnies for the sake of being politically Kurt Cobain, well, he's gone. Dave Grohl, under restrictions after completing their correct. What the hell is a Bonnie? No the guitaristis currently rocking in The Foo punishment. I have no idea, I'm just a IL. wonder SBU has a permanent lease on the Fighters. But there was another guy, the But that thump you just heard, that was good basement apartment of the Atlantic 10. Did bass player; Krist Novoselic. Ever wonder old Walt, rolling over in his grave. you ever notice that it's not Native Ameriwhat happened to him? Well, Krist thinks cans who complain? As a matter of fact, a politics is cool too. Yet, he went way DIDN'T I TELL YOU? Did I not in the last column give you thetip to bet on the member of the Salamanca Nation painted beyond doing a "Rock The Vote" commerthe Indian headdress at center court of St. cial on MTV. He started his own Political home underdog on Monday Night FootBonaventure's gym floor. How offended Action Committee, called JAMPAC. It See Hot tip on page 6 could they have been? It seems that these stands for Joint Artists' and Music Promo- BAR/BRl's Final Exam Review Lecture Series CORPORATIONS by Prof. Richard Freer * Saturday, Nov. 11 10am-2pm CRIM. PROCEDURE by Prof. Charles Whitebread * Sunday, Nov. 12 CPLR MINI REVIEW by Prof. Vincent Alexander * Saturday, Nov. 18 COMM. PAPER by Prof. Butch Covington * Sunday, Nov. 19 lOam-lpm EVIDENCE by Prof. Charles Whitebread * Saturday, Dec. 2 10am-4pm lOam-lpm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE AND WILL BE HELD IN ROOM 107 THE CORPORATIONS LECTURE IS£ff££ FOR ALL STUDENTS. All other lectures are open to BAR/BRI ENROLLFES ONI.V who have a minimum of $75 on account. For more information contact the BAR/BRI office at (800) 472-8899. BAR REVIEW TM Lei Hit- POWER OF EXPERIENCE work for you �6 THEOPINION One hot bet.continuedfrom November 1, 1995 page 5 M^ continuedfrom both traditional and non-traditional legal careers," explains Wolfgang. The First Symposium's Panelist list includes Mr. Kevin Billet, Vice-President of Business & Legal Affairs for the Buffalo Sabres, Mr. Michael Buczowski, General Manager of the Buffalo Bisons, Mr. James Overdorf, Director of Business Operations for the Buffalo Bills, and Mr. Vince Tobia '74, an attorney with Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria. Channel 7 Sportscaster Eric Goodman will serve were donating thett time and I those who | efforts to this worthy cause. These type of j things make me feel good, theyrestore my | faith in this crazy world. And then 1 come as moderator. Mr. Billet worked for Turner Broadcasting System in GreatBritain before com- i home and see the headline, "Phillips back : mood. ing to work for the Sabres earlier this year. Mr. Buczowski has "real-world hands-on experience. He does it all," according to Wolfgang. Mr. Overdorf is a law school graduate who can offer a great deal of insight into a non-traditional legal career. Mr. j topstaciiceat Nebraska" Seeyalatetgood For those of you who don't follow college football, let me clue you in Lawrence Phillips is a phenomenal running back for Nebraska who was once a leading pre-season candidate for the lleisman Trophy. Once is a key word. Phillips was suspended for six weeks for assaulting his ex-girlfriend There is no "alleged" in this story. Philips was Cony ktcd and will lie sentenced oo Dec. 1 for misdemeanor assault and trespassing. Yet, he has remained in school and now Coach Tom Osborne has put him back on the team, In the wake of the Simpson saga, what kind j ofexamples are these? Fathers all over the country can say, "Keep practicing Billy. senator can t be too on top ot inmgs. Tobia, a UB Law graduate, handles corporate legal work for the Bills. "He's the one who brings the lawsuits against those pub owners who show the blacked-out games," notes Wolfgang. Originally formed in 1983 as the EntertainmentLaw Society, ESLS was rejuvenated last year by current President Andrew Freedman, 3L. Freedman and Wolfgang are supported by Secretary Brigid Lyons, IL, andTreasurerKarmenKardum, IL. ESLS is a very active student group which, most visibly, brings several speakers to sepak to the law school. "The purpose of the ESLS is to develop relationships between law studentsand the legal entertainmentand sports pa%e / Wolfgang herself scored a position through ESLS with ex-player, -G.M., and V.P. of the Sabres, Gerry Meehan '82. Meehan now heads a consulting firm specializing in sports marketing, licensing and immigration issues. Wolfgang met the exSabre when he came to speak last semester. "He's a very engaging man... Actually, he continuously proposes a sports law class to UB Law. He has for the past five or six years, but they keep rejecting his offer. So now he teaches it at Canisius," adds Wolfgang. Wolfgang isn't the only student to take advantage of the opportunities that ESLS provides for networking. "Last year we had four guest speakers, and out of the contacts they made while they were here, three of them hired three different law students." ESLS advocates an increased focus on the areas of sports and entertainment law areas which aren't currently taught in any UB Law classes. "We don't want professional sports clubs to go outside of Buffalo [to hire] when UB Law is right here!" The group plans to keep on working hard to bring UB Law a good name in Western New York. Wolfgang promises, "if the Sports Law Symposium is successful, we plan to have a Entertainment Law Symposium in the Spring... Broadcasters need lawyers [as agents] too!" The greatest lesson to be taken from Wolfgang's success thissemester? "People from all over Western New York are willing to speak to UB Law students for free. We should be getting them to come here!" - - communities." >^ q I Join the Opinion WHY BAR/BRI J ..,;:s*;illlllllllllllll::;:=*,, ■I:; BECAUSE lai Be published, EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you : make your parents proud Drop a note in Box 640, call 645 2147, stop by room 724, or e-mail sschi@acsu.buffalo.edu < J �November 1, 1995 FEATURES FEATURES THEQPINION 7 Welcome to Rural Legal Corps Rewarding Summer Jobs are available for 2Ls By Sara Meerse, Special to the Opinion The National Association of Public Interest Law (NAPIL) is sponsoring the second year of the Rural Legal Service Corps, a summer internship program for second-year law students. This program seeks to recruit qualified law students to work in remote rural areas that traditionally have been unable to attract law students in the past. Beware, there is a strong emphasis on remote. For instance, one intern from the summer of 1995 had to hike 6 miles each way into the rand Canyon toreach the Native American popuation her agency served. Additionally, there is a wofold pro bono requirement for this program. At the institution level, a law school must have a tructured pro bono program in place. UB Law's >articipation in Pro Bono Students America meets lis requirement (read about the PBSA. in the ext Opin- "My experience in 'The County' tumecl out to be *> the best summer of my life..." 1 F or summer of 1996 there are 38 fellowships vailable. The fellowship requires a 10-12 week ommitment, one week pro bono, one week in raining in Washington, D.C, and 8-10 weeks of >aid work at your site. There is a weekly $300 tipend for a maximum of ten weeks, excluding bono and training weeks, le Ko'o apply, students must contact agencies process is two-tiered. First, agencies conduct telephone interviews of applicants in December Presque Isle was located four hours from the and January and send a list of students in order of preference to NAPIL. Second, NAPIL contacts students about arrive in the CDO coast and made up the "Northern Maine Woods." And, (2) a former intern once turned around and returnedto Boston before making it to Presque Isle. The distance, lack of people, and amount of trees passed along the wayconvinced this summer intern that Presque Isle was not a place to spend any time. As I drove further north along Route 95, it began to "snow" and even worse, it was sticking! Eventually, the interstate ended; however, my journey continued north, on two-lane roads. Finally, I reached my destination, somewhat panicked at my decision to spend 14 weeks at the seemingly sometime this week. Take a look. Stop in $ara \f eersei Grad. Asst. Room 612 and talk to me, a former RLC Fellow. CONTACTS There are three UBLaw studentswho participated in the program this past summer: Dan Werner, Scott Budelman, and myself. All of us highly recommend the RLC program and encourage 2Ls to apply. If you have any questions about theprogram, a particular agency, or the summer in general, feel free to approach any one of us. Dan Werner worked in South Carolina on migrant farm worker issues, and Scott Budelman worked in Western Nebraska(Scottsbluff...no kidding) for migrant farm workers and and on some end of nowhere. As I walked to the office the next morning, the attorney stuck her head out of the office door and said, "you must be Sara." So, yes, I stood out that much, and the town was that small that a stranger was easily identified. As this tale continues, my experience in "The County" turned out to be the best summer of my life. The office consisted of only one attorney, one paralegal, and two part-time secretaries to serve the largest county in Maine spanning 6,736 square miles. As a result, the population of 80,000 residents has been woefully underserved. Because of the array of legal needs and the shortage of staff, I was able to work on a variety of issues and had a tremendous amount of responsibility. The issues I worked on included Medicaid, their personal preferences (if they are the first choice of more than one agency) and notifies students of theirfinal site by early — January. Materialsfor this program should . MY RLC EXPERIENCE my two-day journey to Presque Isle, on May 6, fresh out of finals, anxious and The only things I knew about Aroostook ■>egan Quilting to Kill Time - domestic violence, child support enforcement Native American issues. Cinema Judgment and distributions, special education, housing, unemployment and other public benefits. The type See RURAL LEGAL CORPS on page 10 TRICK OR TREAT!! FBI nabs the Unabomber! by Ali Puglisi, Staff Critic Do you remember The Joy Luck Club! I will never forget it, not only because the based on the best selling novel by Chinesefilm author American Amy Tan was wonderfully written, directed, and acted, but also because I originally watched the film the night before taking the LSAT, primarily in an attempt to relieve the stress of the impending event. The film was exceptional; it not only kept my interest the entire time and sucessfully calmed my nerves, but it probably even helped me to score well on the test and get into law school. Now, almost two years later, the stress has changed (job search), but my source of relief, the movies, has remained the same. Therefore I was quite pleased when I found out the day before my big interview in New York City that a new movie, How to Make An American Quilt, widely compared to my old savior,JoyLuck Club, was playing in a local theater. I immediately thought back to how Joy Luck Club had helped me survive the LSAT and hoped that American Quilt would give me the inspiration I needed to somehow, against all odds (i.e. not on law review or moot court board), land that big job in a New York firm. American Quilt focuses on a young graduate student, played by Winona Ryder, who is spending the summer at her grandmother's house writing her thesis for the third time and trying to determine if she is ready to take the plunge into marriage. In the course ofher stay, she encounters members of her grandmother's quilting group who are in the process of making her a quilt for her upcoming wedding. Each member of the quilting group is making a patch for her wedding quilt which symbolizes their particular experience with loveand heartbreak. The story behind each patch is conveyed to Winona through a series of flashbacks. It may sound to you as a good premise for a movie, but the basic problem is that there are just too many members of the quilting group and too many flashbacks. After about the fifth member of the quilting group recounted their tragedy, I was ready to give up on the whole concept of love County, Maine were the following: (1) the name, Presque Isle, was deceiving. Although its name translates to "almost an island," gmore photos\ \. inside.,, J) SBA I Halloween Party at Heeiian's/ Best Costume Winner JenniferDonnelly with Randy the Cowand Judge Lancelto altogether. You will have to go to the film yourself to see what Winona decides. The main redeeming quality about the movie is the cast. There seems to be more prominent character actors in this film than in a typical Robert Altman film. The following is justasamplingofsome ofthe highlights: Winona's played by Anne Bancroft— remember her depiction of Mrs. Robinson in The Graduate; Winona's mother is played by Kate Capshaw— aunt is more commonly known as Steven Spielberg's wife, and the head quitter is played by Maya Angelou-who I did not realize was also an actor. Unfortunately, American Quilt did not live to up its predecessor, Joy Luck Club, for a number of reasons. First, it dragged on and was just too depressing, particularly on the subject of love. Second, and most importantly, it did not help me land the job with the big New York City firm-I received the rejection letter last week. I plan on trying to find another film, maybe The Scarlet Letter or A Month by the Lake, for my upcoming interview in Syracuse or maybe, I will just take up another profession, possibly quilting? �FEATURES THEOPINION 8 "Dear Judge Friendly" Moot Column Dear JF- by Dan Killelea, Asst. Features Editor -1 have this friend that I'm really Honied about. Lately, it scents all he talks about and thinks atwut is sex. I really think he's becoming a sexual deviant, between his fantasies, which he insists on shuting with anyone who will listen, and trying to pick up women every time he moves, wftether in a bar or walking tltrvugh the union. li sounds to me like we have a friend in common, or else I have been watching too much Gordon Elliot,Rolanda and Ricki. Or maybe the problem is that your friend has been watching too many talk shows.. ALONE. Fat be it for me to judge, but Ido believe that sour friendain't gettin' any. tt has been my experience, ofcourse not first-hand, that those who talk it uparen't getting it up. You have two choices: you can either nix the nympho or help him through this troubled time by fulfilling all of his sexual fantasies. Did you ever see 9112 Weeks? You could get a gold star for volunteering your services, and of course, you may even benefit from the experience. This is assuming that you are of the femate persuasion, and not ofthe same sex as your deviant pal (not that there's anything wrong with mattress and gaze upon one of my that!) If 1 have made an erroneous finding, you may amend your most treasured possessions. I also grab my copy of the best-selling complaint. LPs of all time. It's the same ritual for me each year: In the gentle glow of a nonbleaching fluorescent plant light, I Remanded. crack open the album cover (after Judge Friendly. all these years I still think that tiger cub is just the cutest thing). Blowing the dust off the vinyl disc, I set it spinning on my turntable; the pops and hisses have become as integral to the music as any ofthe notes that Dear Judgecame from the pen ofMichael himAs the tempo increases and the Last night I attended the law school Halloween Party self. begins to throb, I get the allbase and was devastated by the rcsidts of the costume contest. I fell ii rush I need to strap on a important was so unfair. What can 1 do to make my opinion iatown and mask and run with the plastic Barney cltange the results of this? candy crowd on Halloween. Sadly, my First Year studies ■'•• uiiS V■■ ■*•>•• "; . ~, ''!- Dear Spooked- Jnpathl vetrav- This past weekend many ofyou heard an unusual sound. It was not the wind whistling in your ears, nor the autumn leaves scraping and bouncing along the streets and walks. It was not the crackle of kindling underfoot, nor the lonely tapping of a loose screendoor against itsframe. It was a sound not unfamiliar to this season, and yet strangely out of place. The sound you heard came from my apartment, and was the sound of Michael Jackson singing "Thriller." You may be asking yourself, "Hey now, howcould this be? They haven't played that song on the radio well, in a long time!" And since you would be right. But what you and yourself don'tknow is that each year at about this time I lift my Dear Pervert's Pal- November 1,1995 ' that have enme to maxi- my enjoyment ly take. Per- he most obvito check youi vhen you get Just throw out ing that isn't late or choco ised. And tr ;r clear of th ;er kids - the ibethetroub s. They're th /ho'llcrytoth kept me from my appointed rounds a year ago. But this year marked a return to the Trick or Treat Circuit. It's been two or three years since I did any sort of serious door-to-door work, and to be honest, I found that I missed the action. As with so many of these hunting-type activities, I've found "it's not the kill, it's the thrill of the chase." By thatI mean thatI could easily go out and buy myself four or five pounds of bite-sized candies,but that would take the pleasure out of it. I find that I most enjoythe "hunt" part, where it is the skill of surveilling the right houses that gets you the best candy. There are, of course, a few "rules of the road" that I've picked up along the storied Hal- :r walking wit ke any of their i smoker, you might try hitting a few retirement communities, or nursing homes they're usually good for a few packs of smokes, but you have t careful with your approach ("sub dued" is the operative mode here One thing that I learned just thi year is that Barney doesn't neces sarily inspire happy, loving fee ings in everyone you come acros And I've got the restraining orders - Brove it. Don't forget to have a good time. If you have to listen to a few cuts from "Thriller" to lower your inhibitions, or psych you up before you go out, feel free do whatever works for you. And listen carefully next year... you may - hear Vincent Price terrorizing Y'ALL's neighborhood. SBA Halloween Party at Heenan's I too attendend the costume party and wasalso unsatisfied wnh ihe results. First, a little dicta before my holding: October 30,1995 ■■ Okay, back to the issue at hand. 1 thought that the cattle were cute, and the male cow (an oxymoron.) was a veiy good sport. However, these were store-bought costumes not very creative. There were some creative costumes which deserve notice. The sperm and egg were- interesting. The Tetley Tea Bag was quite original, and that talking parrot on the pirate was, albeit quite annoying, very creative and amusing. My advice is to file a com- LEFT: Soda Maniekan, Coleman Welby andPaul - Aritonowicz plaint agiainst the judges seeking compensatory damages. You maywant to contact the reproducers, tea bag, and parrot and bring a class action! Good luck. We must all work together to ensure that Halloween does not become a capitalistic travesty of justice! Judgment Affirmed, Judge Friendly, RIGHT: Celeste Murphy, Ddniela Atmeldd-Quigg and their new friend Juliana LEFT: Caroline Hooper, Rob the Egg andKristina Karle Do you have any questions or problems with law school or your love life? TELL IT TO THE. JUDGE! Tb reach the Judge, just drop a note in Box 640 by next Friday* November 10th, EIGHT: Julie Ro.senbtm and Sylvia Valentin �November 1,1995 FEATURES THEOPINION 9 Schlegel! Q & A with our own Truly Odd Professor By Dan Killelca, Asst. Features Editor To many of us now beyond our First Year here at ÜB, the unique experience of taking a class from Professor John Henry Schlegel is one which typifies our IL experience. He is somewhat intimidating at first, requires you to labor through dense readings, and only sometimes makes sense. To shed some light on "the man behind the curtain," I recently sat with him to discuss life, law, and Chinese food. Q: To start with, maybe you could tell me something about your childhood, what you were like as a child— were you interested in athletics, or schoolwork, or art, or— A: I'm an asthmatic— the limits of medicine at the time meant that I was a largely sedentary human being. A basic uncoordinatedness added to that. I read a great deal. At the age of 12 my father gave me a subscription to Fortune Magazine because he was tired of my stealing his. Q: What is it about the law, or law school that attracted you, that made you want to— A: Going to law school was a terrible mistake. I wanted to be a financial officer in an international construction firm. And I was trying to put together law and business joint degrees. I misread [the University of] Chicago's catalogue— always read the statute- and found out, somewhat too late, that they didn't have a joint degree program....So I went. And I got excited by law school in a very negative way. I hated it. I simply hated it....1t was not "the law" as I knew it. Though concerns I had whenI was a law student were only the obvious ones, the much more serious ones were that the students came out without any ideas, as I had none— well, I had drafted a complaint. Q: So if you had been forced to go into an area that had nothing to do with the law or economics, what do you find most appealing, or what would you— A: I would be a psychiatrist. Q: Oh yeah? A: There's no question about'it. That was the choice, that's the choice in back of the choice to do law and business. Q: And what would you tell one of your children if they said that they wanted to go into law, and they— A: I have told my children- not that either ofthem are ever likely to— that it is the only thing that I would not pay their tuition for. My daughter is on the road to being a professional artist and the short one, I don'tknow what he's ontheroadto. He'll be a salesmanof some kind. He'sgood with his mouth. Q: So are lawyers. A: Yes,but, heknows enough. I do not think he would consider it. Q: Why Buffalo? What is it about Buffalo that'sA: They offered me a job. Q: But what's made you stay? A: Oh, it's a quite unusual place to be. There is surely more freedom here for unusual thinking than I think I can say [at] positively any other school in the country. This is a place that has tolerated deviance to the point whereit has become almost our norm, and we should be scared of that. To a reasonably large extent, [we have] escaped the strictures of a truly doctrinal legal education-- it's quite an amazingthing. Q: I assume you view that in a positive way? A: That's absolutely essential. Q: I'm wondering how you have managed to avoid being dehumanized by the law. In other words, how have RIDE BOARD Need a ride home? Looking for passengers to share expenses? Welcome to the law school's Ride Board! To post a needed ride or one you plan to take, just drop a note with your name, box number, phone number (optional) and travel plans in Box 640 by next Friday, Nov. 10th, and The Opinion will print it in the next issue! you managed to maintain your compassion? A: You have to fight constantly. You just simply have to Q: Are there certain charactenstics-A: No, no, no, it's not defined that way. An intellectual is a role in society...as well as a set of social practices. They go to conferences, they have freighted talks at cocktail parties, they read a lot of books. They take thought terribly seriously. They buy from LL Bean. Q: And yet, there are those who are intellectual who fight constantly, you've no other choice. It comes easy for me in the sense that a good portion of my last two years in High School and my ■ four years in college Prof. John Schlegel were absorbed with existentialism. And existentialism, I think if it teaches anything, is that one has to keep fighting. Fighting is part of the enterprise, part of what it is to be human, and so it comes naturally to me in that sense. Q: Does that somehow interact with your teaching method in [that] you don't really use the Socratic method? I know a lot of lLs think the Socratic method is fairly sadistic, so is that perhaps where you— I used to be. I was at one point, one of the most nspirited Socratic teachers in the building. And at c point I came to realize that the questions were too hard, that the questions I wanted to talkabout were too hard for anything but volunteers. And so I just quit it. Sort of kA: cold. IQ: What sorts of things would you suggest to the IL udents now, in order that they maintain their humanity, or their identity, as apart from law school? How would you that they attempt to survive "the deluge?" Are re things here in Buffalo thatyou would say, "Oh, goand see this," or "Go and do that"? A: Oh, no, that's not the right answer at all. It's in your head. All you can do is "...you know, tommend don't fit that mold. Wouldn't you agree? A: No, there can't be. 'Cause I just gave you a definition, and since they fall outside of the definition of course they're not... To be an intellectual is to define a type of intelligence. Is it the only kind? Of course not. Do they believe it's the only kind? Quite clearly. Q: How do you best like to exercise your mind, or your brain? You don't seem like the type to waste your time watching a lot of TV— A: I watch almost none, although I'm a weatherchannel junkie. Q: I had asked many of my peers for questions to ask you, and a number of them came up with questions that related to your sense of style...[it] is distinctive to a lot of people. I'm wondering where you get that, or...your aversion to wearing a belt? A: Some pants needs a belt, some pants don't. I've worn the same frames for 25 years [and I] don't see any reason to change them. I grew my hair long in the- I would've had it long in the early 60's but you did not show up in federal court with long hair. I like plaids— they're cheerful. They're more cheerful than the banjo. Snoopy always said it was the most cheerful sound in the world. Beyond that, you know, I never paid attention to the clothes of my teachers. I must confess I don't pay attention to my own. I'm always dumbfounded at students who do. Must be the admiraQ: - f a [A: I think that's probably oddness. not it, it's I never What's the best movie Q: fight...and recognize that paid attention to the clothes you're being transformed, you'veseen recently, orwhat'syour whether you fight or not. It's favorite movie? my teachers. I must just that if you fight, you have A: I can still see the I don't pay attention a little more control over the Sweedish film "My life as a Dog" in to my 0wn..." my head. I liked "Clerks." I saw transformation. Letting someelse be "Kids." It was the most horrific thing consuming, whether it be family, or chilthingl'dseeninyears. Itwasavery / dren, or- God forbid, I hate to good movie. I loved "Flight of the this- the Buffalo Bills. Or art history. Navigator." I also loved "...batteries not included." I liked Q: So maintaining some other focus— that. I enjoyed "Much Ado About Nothing." I liked A: One needs some other focus— I don't think [what "Howard's End," the "Remains of the Day." The aimless it is] makes much difference, but I thinkthat's only because pointlessness of ["Kids"] was horrific. it gives you the illusion that you have an anchor somewhere Q: What about music? Do you have a particular taste else in the world. The only thing you can do is to constantly in music, or a style of music? ask the question, "What are we talking about? Why are we A: lam married to a professional musician. She's a not talkingabout this? What would I say about this if it were pianist. And one of the odd things about being married to talked about? What is being suppressed here?" Now if you a profesional musician is that you hear very little music, can't do that, of course, because you happen to like what's though you hear a lot of practice. I once listened to a great deal of modern music. Late 20th century stuff. Still enjoy being talked about and what's being said, you know, then guess it's just beer. And bowling. It's a good heer am it. My son listens to Weird Al Yankovic, who I find bowling town. hysterically funny. Q: Well how badly are this year's lLs being deprived Q: Is therea certain type [of music] you would avoid, by not having you? Oh I think they're being advantaged. A: No. I'm largely omnivorous. Q: Oh really? Q: What will you [do] for Halloween?... A: I will have distributed candy to children who come A: One gets stale after a while-- no student is intaged by a stale teacher. And indeed, that I think is the to the door. You hope it isn't raining. test risk in law school, from the teaching side. Q: What's your best excuse, or favorite occasion to Q: So Contracts had become routine? get together with friends...? A: Contracts had become routine. A: Chinese food. Q: I don't know that there's anyone here that would Q: Where's the best place for Chinese food, then? describe you as "stale" but I would say that there's definately A: There isn't any. Lots of people like the place in a perception of you, or a reputation that you have in the Fort Erie. I think the best oriental food in this town is made school, and I'm wondering what your take is on that. What do you perceive, or what do you think people's perception Q: Having been raised in the Chicago area, what do of you— you think of the pizza here? A: "Schlegel talks in code." "It's difficult, it's A: Oh, it's never very good. Buffalo pizza leaves irrascible, he has no answers." They're all convinced that much to be desired—much. there are answers that I won't give people. I love that, Q: What doyou think ofIhe Opinion? Doesn't it have because I constantly say, "there are no answers. There are really good features columns? A: Yes, features writer, I like your machine! 1 think only questions and work to be done." And I still lie. It's quite wonderful. I once thought that I was destined to be Mr. that The Opinion has an impossible job. Almost nothing Chips, but it quickly became clear that I'm not. All of my happens in the building for weeks on end, and the only thing questions are hard and unpleasant, and people don't like that's likely to happen is some bizarre dispute at theStudent hard and unpleasant questions. Bar Association. So The Opinion has the problem of putting on a.newspaper in which there is no news Law 0: What is your definition of an intellectual? schools ;ue basically very sleepy places. J '-.. though. of confess \ I tA: , _ ' �10 THE OPINION November 1,1995 Desmond Banquet at Networks October 21, 1995 - Best Oralist Scott Lovelock, 2L The Winners! Dave Pfalzgraf, 2L,dnd Sue Etu, 31 The Desmond Moot CourtBoard, left to right: Scan Kennedy, 3L, Eric Can, 3L, Theresa Brophy, 3L, and Michele Owdienko, 3L - Weekly Meetings Mondays 6:30 p.m. Room 724 Rural Legal Corps continuedfrom page 7 of work varied from training local shelter staff on domestic violence laws, to legal research and writing, to client intake and interviews (and were home visits different!), to representation in administrative hearings, and through a practice order, two appearances before the Maine District Court. The attorney 1 worked with, Sarah E. LeClaire (nicknamed Sarah Sr.; I was called Sara Jr.) had been at the Presque Isle Office of Pine Tree Legal Assistance for 11 years, and she truly became my mentor. What made the summer even more memorable was the experience outside of the office. 1 hiked Mount Katahdin, planted pine trees, participated in a 45-mile bike ride (a fund raiser for the Battered Women's Project), and by the end of the summer, 1 felt like a member of the community. This is a program well worth an application Just stop by the CDO to find out more. Sura Meerse is a Graduate Assistant in the Career Development Office. The Semifinalists, left to right: Caroline Hooper, 2L, Scott Philbin, 2L, Kristina Karle, 2L, Dave Marshall, 2L, Sue Etu, 3L, Karen Richardson, 2L, Dave Pfalzgraf, 2L, and Jeremy Schulman, 2L We would like to take this opportunity to congratulate the winners of the 1995 Charles S. Desmond Moot Court Competition, Susan Etu and David Pfalzgraf. Their victory was well deserved, reflecting both great effort and ability. Sue anad Dave have demonstrated, in both victory and defeat, their unqualified strengths which will undoubtedly contribute to their success as litigators. signed, Scott Philbin and Jeremy Schulman :: ' '''',>:,:^:o:::o:o:jS:o:o:::-: ::: ::: '''''' edt.'s note: Philbin and Schulman were beaten in the Moot court finals by Pfalzgraf and Etu. �THE DOCKET November 1, 1995 THEOPINION Phi Alpha Delta is selling Entertainment Coupon Books. Contact Eric Dawson, Box 55, or Rosemary Ryan, Box 211, to order a book. Phi Alpha Delta Rush Party Thursday, November 2 at 7:3opm at Scotch & Sirloin, 3999 Maple Rd. The Buffalo Entertainment and Sports Law Society presents "The First Symposium on Sports Law in Western New York" Monday, November 6 at 6:3opm in The Balcony Lounge, Center for the Arts. Panelists include: Kevin Billet Buffalo Sabres, Vice-President of Business and Legal Affairs Michael Buczkowski Buffalo Bisons, Baseball General Manager James Overdorf Buffalo Bills, Director of Business Operations Vince Tobia Attorney, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambia Eric Goodman Sportscaster, WKBW News Channel 7 - - - - - Law Groups, Advertise For Free On The Docket For more information, call 645-2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu Thanks for taking the initiative, Judge! Personals are FREE!!! Place yourpersonals in him # 640. 1 �12 ADVERTISEMENT YTHEOPINION November 1, 1995 BAR/BRl's First Year Review Lecture Series EXAM WRITING(LIVE) by Prof. Joseph Marino * Friday, Nov. 10 CONTRACTS by Prof. Michael Spak * Saturday, Nov. 11 10am-4pm * Sunday, Nov. 12 TORTS by Prof. Richard Conviser * Saturday, Nov. 18 CONSTITUTIONAL LAW by Prof. John Jefferies * Sunday, Nov. 19 lOam-lpm REAL PROPERTY * Saturday, Dec. 2 10am-4pm * Sunday, Dec. 3 9:3oam-s:3opm CRIMINAL LAW by Prof. Charles Whitebread by Prof. Joseph Marino CIVIL PROCEDURE by Prof. Richard Freer 12:30pm-4:3opm 10am-lpm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE UNLESS OTHERWISE INDICATED AND WILL BE IN ROOM 106. THE EXAM WRITING LECTURE IS FREE FOR ALL STUDENTS. All other lectures are open to BAR/BRI ENROLLEES ONLY who have a minimum of $25 on account. For more information contact the BAR/BRI office at (800) 472-8899. BAR REVIEW Ml Let BAR/BRl's Power of Experience work for you I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 4 01.11.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1995 Bibliographic Citation A bibliographic reference for the resource. 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See page 2 Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 15,1995 Sorry, no one's home SBA fails to toughen attendance policy, Werner, Hurley-Leslie, Hemmeter, Acevedo oppose proposal byDeshika Botejue, Reporter tact person and a treasurer, prior to SBA of the Student Bar Associabudget hearings in the Spring. n Tuesday with motions to better The third motion proposed that eleceat the law school. However, tions for an SBA Executive Board also be disagreements over fundamental SBA reheld prior to the spring budget hearings. The current SBA Parliamentarian would sponsibilities led to the defeat of onemeasure and a reevaluation of party SBA members' duties. Tilt SBA and West Bat Review are sponsoring an esptesso social on Thajssday, November 16, Hie social, Entitled "Mea Culpa" starts at 6pm. It is th< brainchild of ILCfess Director Steve Salob, and will be held at the son presented Coffee Bean coffee shop on Main Street near Simth Campus. four motions Salobsaidthat be wanted tohold the coffee social to make up for the to amend anc loss the first year class suffered after the SBA cancelled the orientation addby-lawsto picnic at Balrd Point. "Nothing," Salob said, "was done to redress the the SBA constitution. The The Baird Point picnic, a perennial first year orientation ttadition, first three was cancelled by the SBA because the University wrote down the wiong passed by date and could not provide tables the day the event was to be held. acclaimation Salob said that heand about two dozen first years waited for an hour meaning that on a cold, tainy September day before anyone came and told them the no SBA memBean onpage 3 Sec Ebers sam by chi SBA holds Mea Culpa Edichitoersfs Coffee by-laws. The second required that student groups elect their executive boards for the following year, consisting of at least a con- receive the names and addresses ofincoming SBA and student group Board members. The fourth motion, however, caused heated debate. The motionrequired all SBA members to hold office hours for two hours per week. ted, "I didn't know the office hours were mandatory," and was uncomfortable with the idea of automatic expulsion if a member missed 4 unexcused office hours. Craig Hurley-Leslie, 2L Director, was If a member misses four office hours or typically misses meetings without an excuse, the motion proposed that the member be automatically expelled from the SBA. Julie Rosenberg, 2L Class Director, equally troubled by the harshness of the initially moved for a friendly amendment to automatic expulsion. Werner then made a hostile motion to the motion that excuses from meetings are valid as long as they are made 1 hour prior the original motion and proposed that into the meeting as opposed to the original 24 stead of mandatory office hours, Class Dihour deadline. rectors post their phone numbers outside 3LDirector Dan Werner then objected the SBA office so that they can be contacted that he did not like the idea ofoffice hours. by students. He didn't like the obligation and said, "I'm Judy Nocella, 1L Director, proposed a friendly amendment to Werner's hostile too busy." motion to post Directors' mailbox numbers Greg Mattacola, 1L Director, responded that office hours are a part ofSBA and e-mail addresses outside the SBA office in addition to phone numbers. responsibilities. This prompted George Hamßoussi, 2L Director Bari Levant stated, "Two hours is not a lot to ask," and reminded SBAPresident, to state,"l thinkthese amendWerner that the timing of office hours was ments are out ofcontrol! SBA officers need to accept their responsibilities." flexible. lLDirector Shantelle Hughes observed 1L Director Mike Beckelman agreed some ofWerner's confusionregarding SBA and said that if these responsibilities were meeting policies and stated that,"lf you not accepted, then "the SBA is becoming a serve office hours, you may know more joke." about SBA meetings and procedures." Thompson saidthatpersonally, he was Some SBA members objected to the flexible about the hours SBA members severity of the motion's provision to auto- served but did not want people to miss too many office hours. matically expel members. 2L Director Alfredo Acevedo admitSee SBA on page 3 ESLS holds Sports Symposium byRosanna Bernardi, Reporter minded budding sports law attorneys that salaries should Over onehundred students, faculty, and distinguished not always be the main focus. guests packed theBalcony Lounge in the Centerfor theArts Kevin Billet told the crowd that he had "just alot of on Monday, November 6 to hear a panel ofspeakers at the dumb luck" when he was breaking into the field. Billet is First Symposium on Sports Law in Western New York. responsible for drafting and negotiating the Buffalo SaThe event, sponsored by the Buffalo Entertainment & bres' hockey contracts and handling the day-to-day legal Sports Law Society, featured members of the sports law activities for the new Marine Midland Arena. community. The four featured panelists-Kevin Billet ofthe Billet recommended that students develop the Buffalo Sabres, Jim Overdorfof the Buffalo Bills, Michael fundementals of sports and entertainment law by taking Buczkowski ofthe Buffalo Bisons, and Vince Tobia, Gencourses in tradeeral Counsel to theBuffalo Bills spoke about their jobsand mark/copyrightlaw various aspects of sports and entertainment law. Eric in addition to any Goodman, a sportcaster from WKBW Channel 7, served as sports/entertainthe moderator for the event. ment courses. BilLynn Wolfgang, 2L, chairperson of the event, was let talked extenpleased with the turnout and hopes to organize future sively about the reevents. Wolfgang stated, "this event brought together a alities small market diverse group from the legal community, which is imperaclubs face. He extive to the growth of the law school. It's important for our plained that the students to be exposed to both traditional and non-tradi- small market of tional practitioners to get a feel of life after law school." Buffalorequires the Each panelist provided a unique insight into thefield of club to decrease sports law. The audience quickly learned that there is no player salaries to formula to enter the profession. Each panelist indicated that moderate ticket hard work, fundamental knowledge of basic sports law prices. courses, and the willingness to work for free often leads to Vince Tobia success in the business. Jim Overdorf serves as Director of Business Opera- tions for the Buffalo Bills. Although his responsibilities consist of salary planning, contract preparation, and employee benefits, Mr. Overdorfstarted his career as an intern, making $15 per day. Throughout the course of his career, Mr. Overdorf worked as a ticket office helper, administrative assistant, and business manager. Mr. Overdorf re- the personal aspects of team players. Mr. Tobia describee his duties as "paternity suits, paternity suits, paternit suits." He is also involved in team members' real estat purchases, divorces, and tax cases. Tobia said that th members of the Buffalo Bills turn to him when they fac various problems whether they are at home or on the roac In addition, Mr. Tobia also negotiates contracts with band that play at Rich Stadium. Michael Buczkowski is the General Manager for th Buffalo Bisons He is responsibl for baseball op iq orations, gam ua-j day operations and media rela :ions. Buczkowski edthatdespit :he Bisons record atten iance, the sma! narketofaTripl \ team pose /arious revenu ojoifj 'ifnsmod » soitfdvjQ Jojtpg problems. serves as the General Counsel to the Buffalo Bills and is Lynn Wolfgang introduces students to sports expertsKevin Billet, Vince Tobia, and a partner at Lipsitz, Michael Buczkowski. Green, Fahringer, Roll, Salisbury and Cambria. Mr. Tobia offered an interesting perspective on sports law. Besides being responsible for legal work related to Rich Stadium, he is responsible for Nev srtheless Buczkowski said hat he attempt o treat the play ;rswell. "It'smy job to allow th players to taste champagne at every level. It's crucial fo player development and preparing them for the bigge teams, he said. �THE OPINION 2 November 15, 1995 Winterize with Wrenchhead by John "Wrenchhead" Gasper atomic batteries to power, turbines to speed "It is because they can be frivolous at times that the majority of people do not hang themselves." Voltaire. — When we last saw our hero in action he was busy under the hood checking vital fluids and wondering just where the hell he would end up in this week's feature episode. Well, later that day Batman was studying on ice scrapers and snow brushes now. Cuz snow really does hit, finding a scraper will seem tougher than finding the felony murder issue on a criminalfinal. An extra pair of gloves and warm blankie would make nice accessories for the back seat. A set of jumper cables would set off the spare tire nicely, too, don't you trust me, when the New York Practice when he looked up through the fifth floor window in his personal library. "Holy cold front! Checkout that snowstorm!" "Holy flashback! I was supposed to write some winter driving tips downand send them to the Commissioner!" "Quick, to the Batfax!" What's the best way to get around Gotham in winter, you say? Simple. Get someone else to drive you everywhere 'til April. The car's already warmed up when you get in. For those ofyou who are chauf- think? So you're stuck in the parking lot with a dead battery and your beast needs a jump. (I must add here that while jump starting a car is relatively easy, it's real easy to screw up your car if you don't do it right. So if you're not sure, ask someone who knows.) First you need someone whose Batmobile is actually running. Keep it running. With the hoods open, connect the positive (+) terminal on the Batmobile's battery to the positive terminal on your beast's battery. Then connect the negative (-) terminal on feur-challenged, you should be stocking up theBatmobileTO SOMEWHEREON THE FRAME OR ENGINE BLOCK OF YOUR BEAST, NOT THE NEGATIVE TERMINAL. Car batteries generate hydrogen gas upon charging. Hydrogen gas + spark = Hindenburg. This is why the inexperienced should be careful when jumping a car. With the Batmobile holding his gas pedal at about 1/4 throttle, try to start the beast. If everything was connected right the beast should be cranking. If not check the connections. After the beast starts, CAREFULLY remove the jumper cables in the exact reverse order that you put them on. Be careful! A running engine is a good way to lose some fingers. Washing your car periodically can add years to the life of your car. But if you do, you must dry the door frames and WD-40 the locks religiously! If you don't you'll end up a big Fordsicle. The Delta Sonics type places are kinda expensive and have a habit of scratching finishes. But then again you don't have to get out into the cold. Those places with the giant high pressure squirt guns do a good job of blasting out all the salt which is pretty much all you need. It's a whole lot cheaper too. To really take you to the pinnacle of winter driving tips though, I have to get you to think summer. Remember how nice it felt to crank up the air conditioning on that summer drive to Kansas? To make sure that it still works come July you should run the air conditioner for about 10 minutes every month to keep the seals on the compressor in good shape. A bad seal leaks Freon into the atmosphere. Freon makes cute little ozone holes. Now you're a big carcinoma. If you want to be an environmental lawyer, you know how the saying goes. Joinus next week when Wrenchhead talks about the best way to tie a toboggan to the top of the Batmobile! THE #1 REASON SO MANY PEOPLE CHOOSE PIEPERs PIEPER PEOPLE PASS! ISN'T THAT WHAT A BAR REVIEW COURSE IS ALL ABOUT? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 00 WILLIS AVENUE, MINEOLA, NEW YORK 11501 PHONE: (516) 7-C7-4311 1-800-635-6569 THE BAR COURSE THAT CARES. �THE OPINION NEWS November 15, 1995 SBA balks at attendanceppolicy Coffee Bean site ofSBA Party, continued from page 1 B ley-Leslie then proposed a friendly amendment to s hostile motion to resolve the problem. He sug- gested "an alternative to the extremes" by inserting lan- continued from page 1 be used to tund the Corfcc Bean social. He added that West Bar had agreed to contribute $400.00 toward the event. SBA members approved a motion to grant $600.00 toward the Coffee Bean social event and use the $400.00 guage in the by-laws saying that board members were expected to serve 2 hours a week, thus mitigating the received from West Bar to reimburse the SBA. A motion to create an ad-hoc committee on course and obligation. professor evaluHe also sug-b itions was also gested having mem- i 3assed. 2L Dibers sign a log book ector Prudence when they serve ofFung informed fice hours which he SBA that would be available Against Absent: Aundra for students to view. Dean Acevedo, 2L HowlcH MewelldiscourThis way, ifstudents igeduseofendr> v c vi had no problem with Sara Hemmetter, 3L jf-the-semester a member skipping Craig Hurley-Leslie y 2L :valuations, office hours, then „ also known as the officercould get Dan Werner, 3L early .cape forms, for Sareer with it. ise other than Amy DuValle, Abstained idministrative Director, ob1L jected that all SBA Mercedes Lindao, 2L Directors have a reThe rest °f the suggested that sponsibility to make Judy Nocclla, 1L b ™ vo(ed in favor ofthe students create office hours and that Steve Salob, 1L ™*o heir own evaluthis responsibility ition forms and came with the job. jctively publiBack and forth *Pete Thompson, 2L wiredproposal. arguing between Di- l j :ize the process Hid the results. rectors prompted jL LJirtctor otirttr rciziu rcQUcSicQ ior ljd s to move to close the discussion. Barrister's Bowl team. This money would fund the team's SBA members then voted on Hurley-Leslie's amendment to Werner's motion. The motion, however, was transportation to the Syracuse University competition sponby Bar/Bri as well as hotel accommodations. since it lacked the 2/3 majority needed to pass. The first place prize would award $2,500.00 to the The SBA next voted on the motion in its original form proposed by Thompson with a correction that members winning team and in the event of winning, the UB team would be expelled after 6 missed office hours instead of 4. could contribute their prize money to the SBA. This motion This motion was also defeated because it similarly lacked passed. In another motion, the SBA approved 4 standing the 2/3 majority needed to pass. the SBA several committees consisting of social, finance, community serother Despite the controversy, passed vice, and newsletter committees. motions. An ad-hoc committee was approved for 3L Director Director Steve Salob presented his idea to schedule event at The Coffee a Main Tasmin Hazer's efforts at renovating the first floor lounge Bean, SBA social Street O'Brian Hall. to make at in up for the cancelled social event coffee shop, voted Hazer as chairperson of the SBA members semester. Baird Point early in the Salob statedthat this event, to be held on Nov. 16 from lounge renovation committee and Beckleman as chair ofthe 6 p.m. to 9 p.m., could be characterized as "coffee, pastries, social committee. A vote on a committee for the Spring Formal was and outlines." for the next SBA meeting. postponed Salob acknowledged that the SBAhadalready allotted $600.00 to the Baird Point event and that this money could I SBA results Alfredo JoAnne _ §ay .... . Fazih left . **** rboussi feated Pred tIL Baldy Center Holds Discussions by Rita McKenna, Contributing Writer The Baldy Center for Law and Social Policy encourages and supports research by faculty members across a wide range of disciplines in an effort to place law in a broader social perspective. 3 research in the field of women s rights in Eastern Europe. Also, a Discussion Circle led by Professor Diane Avery addressed reasons for excluding women from combat roles in the military from a sociobiological perspective. ...... _. * event was cancelled. .. . . . Salob said thai when first years cam* up to him and asked hi tn what happened,",' couldn't aeswc them. No one knew," "Accidents happen, I understand Things don't always "work out as planned. But it was the first year classes' firs interaction withthe SBA and it didn't leave a positive t&st< an our mouths." Salob said. Besides redressing the harm suffered, Salob said tha holding the event at the Coffee Bean provides law student; mi opportunity to socialize without emphasizing alcohol "My concern is that there is a high rate ofalcoholism in ou: profession. Not everybody likes to drink, but thereare thos« who like to work huid and play hard, ami that work* foi them.But it's not on everybody's agenda. ..some people bin to go out but not drink." Saiob emphasized that the party is not just for firs years. Nit for all law students. Besides being an opportunity lor first years to network with upperclassnien Salob sai< that,"It's a chance for everyone to put some coffee and foot in their stomachs before they go out." ■■■■■■ *.. ..-1. rT*.. �. *. 1 .� j"t. i. ,t. !**__*__. Lippes recieves Jackie Award by JukeMeyer, Assist. News Editor On November 4, Gerald Ltppes received the Ldwin F Jaeckk award, given by the University ai Buffalo Law School and the Law Alumni Association. Named for a UI alumnus from the Class of 1915. the Jaeckle awurd is givei to a person who has made significant contributions to botf the UB Law School and the legal profession. Lippcs. of the Class of 1964,accepted the award at tht :trth annual .Alunnu Convocation and Jaeckle award luncheon. Having concentrated on Corporate and Businea Law throughout his practice, Lippts has di.stinguishec himself by becoming a founder and managing partner ofib< Buffalo law firm Lippes, Silverstein, Mathias and Wexler The topic of the CanviKation was "Eldci Care Coun seling for Today's Practitioner.*" Elderly law has beconn increasingly more important for all lawyers, as the over 65 years-old population continues to grow. Several people spoke on elderly law in the morning and UB President WiUiam Greiner gave the Jaeckle awau to Lippes in afternoon luncheon. The Convocation wai underwritten by National Health Care Affiliates and Ma tine Midland Bank. Other supporters included Harok Brown and Company. Investment Services, fndependen Health, Ticot Title Guarantee and Commonwealth TitU Insurance Com Rabin Assainated by Jessica Murphy, Ncns Editor On Friday, November 3, the first of this year's Discussion Circles was held. In keeping with this goal, Professor David Engel, Director of the Baldy Center, conceived ofthe Baldy Center Discussion Circles as a way of exposing first-year law students to faculty members and the interdisciplinary research they are working on. These groups also provide a forum for those students who wish to meet others with similar interests. In the past, groups of students who met through the Discussion Circles continued to meet with each other and share their interest in a particular topic. Dean Barry Boyer described his involvement in the clean-up of the Buffalo River and related his experience to the larger problems thatface environmental law. Dean Boyer's battlethrough bureaucraticred tape illustrates that environment laws often address only a small part ofthe problem. Forthe thirteenfirst-year students who participated in Dean Boyer's Discussion Circle, it was an opportunity to explore an Since the Discussion Circles began meetinteresting, timely topic in a small group Prof. David Engel setting. The students were a diverse group last Fall, they have been very successful. Student participation has been high and their response has ranging from experienced environmental activists to those been positive. Also, faculty members have enjoyed the justlooking for an introduction to the field ofenvironmental law. Everyone came away with a better perspective opportunity to discuss their research. Another reason for this success is the wide variety of about the complexity involved in developing effective interests and perspectives represented by the topics chosen. environmental legislation. For the remainder of the semester, the interesting In the first semester, Prof. Engel discussed how law can interact with cultural identities. A discussion about the topics continue. Professor Elizabeth Mensch will discuss need to change the approach to environmental regulations theoretical problems involved in the debate over Hawaiian was led by Professor Errol Meidinger. Professor Virginia same-sex marriages later this month and feminist legal Leary spoke about international human rights in relation to theory will be the topic of Professor Lucinda FinJey's Discussion Circle scheduled for December. disciplines such as economics and criminal law. a of was Last semester, broad spectrum topics again For more information about Discussion Circles, stupresented. Professor Frank Munger led a discussion about welfare reform and Professor Isabel Marcus shared her are urged to stop by the Baldy Center in Room 511. I Three builett fired point blank ripped through Israeli Pnroe Minister Yitzhak Rabin at 9:50 pm on Nov. 4, 1995. Doctors pronounced Rabin dead at 11:15 pm at Ichilov Hospital. Rabin succumbed to massive hemmorhage and heart failure. The killer. Yigal Amir, a 27 year old law student affiliated with a right wing organization named A YIN. AYIN is a Hebrew acronym lor Jewish Avenging Organziation. Amir said he was proud of what he had done, and so did because he had received instructions from God. Amir shot Rabin in the middle of Kikak Malecbri Yisracl Square in Tel Aviv, Israel. The chants of "Peace yes, violence do" dissolved as the gun shots rang across the square. Israeli president Ever Weizman called a meeting «he transitional government just minutes into Noof vember 5. Shimon Perez became acting Prime Minister in place of Rabin. Rabin's funeral procession followed the same path Rabin took years before during the Six Day War for Jerusalem. Leaders and people from all over gathered to remember their slam collegue. Information gleanedmostly from Ari, the Jewish Student Newspaper of the Stale University of New Votlt at Buffalo �THE OPINION 4 EDITORIAL November 15, 1995 1 OPINION ffll i -i/c Volume 36, No. 5c \, Founded 1949 Samuel S. Chi Editor-in-Chief . XT ~ 15, 1995 November .__. Steven Bachman Dietz Managing Editor EDITORIAL: Opanshuk Office hours, schmoffice hours Shame, shame, shame on you. We realize that it is a hard job. We realize that it is often a thankless job. But we realize and affirm that it is a job nonetheless, and as such, it demands that those who volunteer to undertake it do the jobzealously, and treat it as more than just a resume line. It is simply inexcusable for an SBA representative to refuse to hold office hours. The rejection of the bylaws imposing a penalty upon chronically absent members is a pusillanimous betrayal of the SBA's responsibilities. To say "I'm too busy" is simply out of the question. The whole purpose of the SBA is to address student concerns for the benefit of the entire law school. Like it or not, the SBA is deeplyresponsible for the quality of student life in this law school. It sets the tenor of the student body. For SBA members to come out of their meeting and say that we students are not worth their time is simply appalling. When the members of the SBA volunteered to run for their positions they implicitly made a promise to us, the law students, that they work the job to the best of their ability. We just ask that they keep their promise and be the leaders they said they would be. But leadership is more than the mere ministerial job of pushing around papers and talking yourself blue in the face at meetings. It is about direction, inspiration and bringing out the best in you and those around you. It's about making UB Law a better, more cohesive place where school spirit and concern for our peers stamps out apathy. It is about overcoming problems with zeal and creativity. It is about being patient, tolerant, and open minded. It is about doing things for the benefit of all UB Law students, not justchampioning a particular club or organization. It is about taking stands. It may even be about taking flak, no matter how deserved or undeserved it is. And yes, it is about sitting in an office for two hours a week to field the cares and concerns of students. The sad part of all this is that some of the SBA members work very hard and take their jobs very seriously. Things seem to be running relatively smoothly under the Hamßoussi administration. Class directors are taking affirmative efforts to make UB Law a better place. To have their efforts trounced upon by small band of nay-sayers and cowardly abstainers is indeed a travesty. Shame on you. hen by Graphic Opanshuk Lenby Graphic EDITORIAL: Enough of the blood and tears, enough Yitzhak Rabin's death devasted the world. History has the nasty habit ofrepetition. That so many die for peace is the bitterly ironic truth, and that this one man risked so much for the results of a salty peace reminds us of the price. Remember that the greatness achieved was sometimes born of trepidation and peril. Remember that the legend was a man, and his ultimate sacrifice will be our's one day, too. Remember that the sacrifice's irreparableripple touches everyone and that in the pain exists catharsis. Anger without an end is useless, and Rabin sought a peaceful end for a very real angst. Remember not because you will, but because you must. STAFF Interim Business Manager: Lisa C. Nasiak Production Manager: David Leone News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: Molly Kocialski Art Director: Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News.'Julie Meyer, Krislcn Greeley Photo: John Gasper. Senior editors: Evan BaranoH and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees. The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716)645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the Slate University of New York at Buffalo Schoolof Law. Copyright 1995 hvTheOpinion. SBA. Any reproduction ofmaterials herein is strictly prohibited without the express consent ol the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent It)The Opinion at theabovenotedaddress, dropped offunderThe Opinion office door (room 724 O Brian Ilall), or placed in Box #1 (I or #2K(I on the third floor ofO' Brian 1 fall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics ol interest to the law schoolcommunity and must be no more than fourpages double-spaced,The Opinion readsand appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also lor libelous content. The Opinion will not publishunsigned submissions. We will return yourdisks to your campus mailbox or to a private mailbox if a self-addressed stamped envelope isprovided. The Opinion is dedicated to provide a (orum lor the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those ol the Ldilors or StallofThe Opinion. "Coutfta shall make no law ...abridging the freedom of speech, or ofthe press;..." The First Amendment , -- Tell us your opinion! Jf you have an opinion on anything published in our newspaper or on any current that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part of a dialogue and must no! be longej than two pages double-spaced Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Friday before we publish. Your submission must be typed, doubted-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion avservts the right to edit any and all submissions lor space as necessary and also for libelous content; we will not publish any unsigned submissions. events topic ■:. ■■■'■■]■■<■ , ■•■--•"'iv>V!: v' ': ""■•"' """Wms9®M �November 15, 1995 FEATURES 5 THE OPINION A Former Teacher: Now a Divorce Lawyer? UB Alum successfully moves from the classroom to the courtroom by Michael Chase, Features Editor A native of North Carolina, Julie Falvey '90cametoBuffaloasateacher and has become a top-notch divorce lawyer. She's no greedy female version of Arnold Becker, though. This second-career lawyer established a successful matrimonial practice through hard work and great lawyering. Falvey came to the northeast as an undergraduate at Notre Dame College in Ohio. She met her husband there, and upon relocating to Buffalo, taught secondary school English for 16 years. After leaving teaching, she was a professional fundraiser for Mount St. Joseph's Academy. What made her want to go to law school? "My divorce," jokes Falvey. Actually, she's been a grassroots environmental lobbyist for 25 years with the New York State Association of Conservation Commissions, which represents municipal environmental boards. "I lobbied in Albany and dis- She thrives on the challenge that her presents. field "Most people think that doing divorce law is fairly easy, in Counsel- but ever since 1980, with equitable distribution, it'sreally very complicated, with tax consequences and the division ofpensions." don't have focus of her life is neither her career nor her involvement Julie Falvey, Class of 1990 in the community, but her tamily. criticized for leaving every situatio Falvey is very closeto hertwo children: worse than when they find it, mcdi Robert, age 27, who works in Buffalo tion - taking a case out of the hands o and her daughter Chris, 29, who isalso the lawyers and submitting it to a ne a UB Law student on hiatus. Chris now tral mediator - has become a popul works part-time with her as a law clerk. tool in settling marital issues. B Falvey finds this new trend pointless Memories oflaw school are filled "I think a goodlawyerw a mediator, covered that I knew the law as well as with good times for Falvey. "I loved an awful lot of my cases, I suggest everyone else, but because I wasn't a being a student and going to ÜB. We the other attorney that we sit dow had our gang of friends - we were the with the parties and explain to the lawyer, they wouldn't listen to me." only ones who played euchre in the that it's their lives or their childre However, Falvey's first-hand exhalls. We had euchre tournaments, had and after we're out of there, they still perience with divorce steered her to her current career. "I didn't want to go Thanksgiving dinner together..." But, have to deal with their lives and their I has been very, very sucinto environmental law, because to mostly, Falvey worked hard. Besides her was a sful." part-time clerking job, she make money in environmental law, While most lawyers in Buffalo you have to represent the bad guys," graduate assistant helping out with re Falvey's desire to work towards fundraising for the law school. explains Falvey. has had of icefulresolution, there are still some Falvey enough school, was While inlaw school,Falvey gained though. "I don'tmiss it,but it fun." whotransfer divorcesintolegal battles. But, she insists, "I refuse to let it some experience in matrimonial law Besides her Bachelors, she has a Masters her and is halfbecome a war." in teaching, J.D., as a clerk at Siegel, Kelleher, andKahn. Kldren. BAR/BRl's Final Exam Review Lecture Series CORPORATIONS by Prof. Richard Freer * Saturday, Nov. 11 10am-2pm CRIM. PROCEDURE by Prof. Charles Whitebread * Sunday, Nov. 12 lOam-lpm CPLR MINI REVIEW by Prof. Vincent Alexander * Saturday, Nov. 18 COMM. PAPER by Prof. Butch Covington * Sunday, Nov. 19 EVIDENCE by Prof. Charles Whitebread * Saturday, Dec. 2 10am-4pni 10am-Ipm 10am-4pm ALL LECTURES WILL BE PRESENTED ON VIDEOTAPE. AND WILL BE HELD IN ROOM 107 THE CORPORATIONS LECTURE IS EEEE FOR ALL STUDENTS. FEATURES AH oilier lectures are open to BAR/BRI ENROLLEES ONLY who have a minimum of $75 on account. For more information contact the BAR/BRI office at (8(K)) 472-8899. BAR REVIEW Lei the POWER OF EXPERIENCE work'tor you Although she works seven days a week, Falvey is quite active in the Peace Program, Haven House, Young Lawyers for the Bar Foundation, and the Volunteer Lawyers Project ("there are more and more people coming to them for divorces"). She is also the President of the GOLD Group, which keeps young lawyers in touch with each other and with students at UB Law. The Group also provides alternative educational programs to the Bar's more expensive CLE programs. "They can go, they can learn how to do stuff, they get great handouts, and it costs next to nothing," explains Falvey. Her greatest accomplishment since law school, though, is the establishment of a successful solo practice in just three years. "I've been able to downsize my advertisement in the Talking Phone Book due to the increase in referrals." And, perhaps unfortunately for our community, Falvey sees a bright futureahead. "I look at the paper every Sunday and look at all the brides and think... over 50 percent are potential clients, [laughes] It's true!" r———_ Inside... Moot Column How BPILP works �THE OPINION 6 FEATURES "Dear Judge Friendly" November 15, 1995 Moot Column by Dan Killelea, Asst. Features Editor Dear Judge Friendly- tlllll / have a friend who do<-i, not know the meaning of the term "personal space "! She is constantly in your fate to the paint where you could count the freckles on her face. It makes me feel very uncomfortable and I don't know how to tell her to back off without hurting her feelings. Do you have any suggestions sit that I may remedy this invasive problem ? 111111 Dear Boxed-ln: J can only hope that for your sake your friend does not have a bad case of halitosis (bad breath tor you lay persons.) In addressing that threshold issue, I would order your friend to accept a large bottle of Listerine the new Coolmint is a refreshing breath of super-fresh air! If itis just a matter ofthe annoying feelingthatyout friend is try ing to merge withyou corporal being, here are a few suggestions from my many years on the bench: - You could broach the subject carefully so as not to offend your friend. Try something like, "you know, [close-talking friend], J am farsighted and, when you stand so close to me I can, barely see you, and can't appreciate the full beauty of you presence. * On the off-chance that your friend is near-sighted, suggest a new prescription for her glasses. Alter natively, you could try the approach that a colleague of mine tired trie other night. I like to caii itthe "back-off approach. It goes like this... You push youi friend away and simply say "BACK OFF ! YOU ARE INVADING MY PERSONAL SPACE!!" This approach will definitely be effective, but 1 don't know as if you will be receiving any congeniality prizes for it. The clueleNS, cosmic approach could work, too "Hey, man. you are in my aura and it's giving me negativevibes..." No one ever blames , ■■■ ■ Ultimately, it us important that you get this message across to you clingy crony before .she becomes nothing more thai a staticky sock in 4hclaundry bag that is your life, and en annoyance to all Look at itlhls way: there is no way that she wont HEAR your suggestion, now is Judgment Affirmed, judge Friendly Do you have any questions or problems with law school or your love life? TELL IT TO THE.JUDGE! To reach the Judge, just drop a note in Box 792 by Friday, December Ist. Wednesday. November 15 6:30 The Basketball Diaries (1995) 9:00 Smoke (19951 Thursday. November 16 6:30 The Basketball Diaries 9:00 Smoke Friday t November 17 6:30 Smoke 9:00 Smoke 11:30 Sex, Lies and Videotape (1989) All films shown w the StudemtVmom Tkcattr Something has got to be said. Someone has got to act. Somehow... somebody tell me what I 'm getting at. Oh yeah--it's the driving here in Buffalo, and it's getting unpleasant. I was raised in a driving tradition rich in its encouragement of skid stops in traffic, no-look Boxed-In UUAB FILM CALENDER Driving me crazy merges, friendly bumper taps, and relative oblivion to the notion of anyone else using the road. But some of the folks here in Buffalo seem to be trying to take this to another level. And with such delightful weather patterns now beginningto appear, the fun has only just begun. It's always a real pleasure to drive east down the 290 towards the 1-90 interchange when there are more than five or ten other cars on theroad. Right at the point where the road splits, the right two lanes get backed up because of an apparent inability to merge into I-90. There are some beautiful skid marks there in the middle lane, right at that point where drivers realize the traffic in front of them is, once again, stopped. Personally, I've startedactually planning ahead by slowing down in advance. But then, friends don't call me anal for nothing. People frequently run into a similar problem when driving in the left laneof a four lane road. Since a large percentage ofthe Buffalo area's highway departments have not yet grasped the concept of "center turning lanes," successful navigation of the streets and by-ways at anything above 10 miles per hour requires bobbing and weaving like the shuttle of a loom. Those "one lane backups" are fun too. I'm sure I'm not the only one who has approached an intersection in an i_ empty lane whilepassing ten or fifteen cars waiting for the light to Opanshuk Lenby graphic The only thing I can figure is that there's a general lack of urgency involved in most of these people's driving. Maybe it's because they know there's nowhere to park whentheyfinally get where they're going. As for me, I can't wait to get whereverI'm headed in this fair city of ours. Of course, if people truly are that deliberate in theirapproach to getting around town, it would explain the frequency of"jack-rabbit starts to nowhere" I see. Those, of course, are whendrivers tear out of the blocks when the light turns green(sometimes even before) and red-line their cars right up to about If I'm going to survive another season of "happy time" driving, I suppose I should try to learn some sort of coping mechanisms. It's readily apparent to me that yelling at other drivers won't do anything in this weather— I mean, how are they supposed to hear me over the sound of my eight-track with my windows rolled up? And honking probably won't work either, since drivers in Buffalo wouldnever think I was doing anything but givingthem a friendly "toot" ofwarning. So I'll probably just have to just suck it up, drive the way I was taught to drive, and hope my fellows on the road will be gracious should I inadvertantly 35 miles an hour. And then stay at that speed. Go figure. all, nobody's perfect, right? drivethem into a snowbank. After BPILP can help you find that Summer Job ■ing the Spring semester, the group accept byDavid Fitch, Asst. Features Editor the Fall turns quickly to Winter, many of us ' proposals for Summer grants. In putting ourselves forced to start considering where we a proposal, a member contacts a preferrec would like to work during agency and receives thei the Summer break. For firstsponsorship for a Summe year students, this can be an position. Six members re ceived grants between intimidating process if one $2,000 and $3,000 this pas is not aware of one's opSummer. The positions am tions. The Buffalo Pubic interests of members tendto Interest Law Program be"incredibly varied," com ("BPILP") provides a ments Caputo. unique opportunity for Some of the agencie those students interested in a public interest law posithat BPILP members workec tion. for this summer include Establishedin the early Texas Rural Legal Aide in Leslie Platt, Pres. Jean Caputo, Chair , 1980s, BPILP is a studentWeslaco, Texas; Lawyer run, non-profit corporation dedicated toraising funds Committee for Civil Rights Under Law in Washing to sponsor law students that work for public interest ton, D.C.; and Belgrade Women's Rights/Human agencies over the Summer. Many of these public Rights in Belgrade, in Belgrade, Serbia. interest agencies are in need of legal interns, but do BPILP is also raising money to help implemen not have the resources to pay for these positions. a loan-forgiveness program forthelaw school. "You This can create a recruiting problem since many might wanttoworkin [a certain]... field, but it'sjus not economically feasible," says Caputo. This pro loan-ladened law students can't afford to work during the Summers for free. BPILP attempts to solve gram would facilitate a graduate'sability to work in this problem by awarding grants to students interthe public sector by helping to pay off his or he ested in public interest law but in need of funds to school loans. It's not too late to join this year. BPILP i support them in those endeavors. To be qualified to apply for a Summer grant, a always looking for more members. Currently 32 law student has to be a member ofBPILP. Members are students are involved. "The bigger the group is, the involved in a varietyoffundraising activitiesthroughbigger the fundraising effort is," notes Caputo. Thi out the school year. This includes anything from translates into more grants available for summe holding bagel sales to writing up and submitting intern positions. If you are interested in joining BPILP, contac proposals for grants from different national organiPresident Leslie Platt, Box #778, or Jean Caputo, zations. Box #632, or just stop by the BPILP office in Room "It's really not a major time commitment" explains Jean Caputo,Chairperson ofthe Public Relations Committee. »As �THE OPINION November 15, 1995 7 Follies and Fumbles Greg Mattacola Columnist O beautiful for spacious skies MYCOUNTRYTISOFTHEE! Yes, another Election Day has come and gone. Walking out of that booth or sending in that ballot never fails to make me proud. I came, I judged, I cast my vote. I helped carry out the process as Thomas Jefferson and the rest of the wig wearers saw it to be. U.S. A? I love you, man! * HE DOES IT HIS WAY As long as I'm waxing nostalgic, Itis my sworn duty to pay tribute to my former boss and always good friend, Joe Griffo, Mayor of Rome, N.Y. He was just re-elected to his second term after winning convincingly in a threeway race. This guy is the living and breathing example of why Governor Pataki said it was a thousandtimes harder being Mayor of Peekskill than it was to be an Assemblyman or Senator. In his first term, Joe got put through the ringer more times than the TiD-Bowl Man yet he always came through in the clutch. Working for him was a true symbol of transcending party lines. My "faintly liberal" views never failed to clash with his conservative spin on things, yet we still had fun and got the job done. Congratulations Joe, you've earned it. BLOODY, BEATEN BUT UNBOWED. Ladies and Gentleman! In the left corner, wearing the red and whitetrunks with the donkey on the butt, the defending Champion, I mean the underdog, I mean ...welL.here he is...Dennis Gorski! And in the far right corner, wearing the black and blue trunks with a picture of a dead elephant, the challenger, Lucian Greco! Tonight's match-up is a textbook political fight and should be a dandy. Gorski, the incumbent, the Democrat, scorned by his own party chairman and forced to win a heated primary, is going against Greco, the challenger, the Republican, former Town Supervisor of Lancaster, whatever that means. The prize is free Sabres and Bills tickets and four years in the Rath County Office Building as Erie County Executive. What Gorski brings to the brawl is the experience and the quickness; he's more of a pure boxer with several good ideas for the County. His big weaknesses are that he's not liked by the big boys and forgets what budget means now and then. Although he's the incumbent, the rumor is that Gorski's tiredfrom his bout withRavin' DaveSwarts and could be in trouble tonight. Greco, the staunch conservative, is the heavier slugger of the two and his lack of experience could be seen as a help or a hindrance. Not much is known about him and that too, could be dangerous. He has shown a liking to the low blows and will be watched carefully. So folks, without further ado, Let's Get ReaddddyToßummmmblllllle! DingDing! And it's over! I don't believe it! Dennis Gorski, in a First Round KO, flattens the challenger Lucian Greco! Gorski, after be- ing blatantly rejected by the Erie County Democratic Party when they endorsed Swarts in the Primary, will remain as Erie County Executive! Gorski used the rejection to his advantage and scored big. After falling out of favor with the party bosses, Gorski was viewed by the public not as the entrenched bureaucrat but as the scrappy underdog fighting for what belongs to him. Gorski's strategy paid off and Greco got to inspect the canvas. This one will go down in the record books! MONEY TALKS, CLEVELAND WALKS?! Say it aint so, Ait. Yet, I'm afraid it is. In following the current trend as shown by the Rams, Raiders, Colts and Cardinals, the ClevelandBrowns are movingto Baltimore. Browns owner, Art Modell is still moving the team despite Cleveland passing a voter referendum that will increase a tax on alcohol and tobacco, which would generate revenue to refurbish Cleveland's stadium. (See! Politics and Sports are connected!) Modell is claiming that he's lost over $20 million the last two years in trying to keep up with free agency. Yeah, Ok so the guy's lost a littlecash. And Baltimore is offering him a sweet deal (A new 70,000 seat stadium without rent for 30 years and ticket and concession revenues). Yet, what about the tradition? Cleveland boasts some of the most loyal football fans in the country (they'd have to be) and 50 years of hard, gritty football. There's no price tag for that! Plus, fans all over don't want to see this. We want to read about and watch play action passes and safety blitzes. We don't want to turn on ESPN and hear about business deals. That's what CNN is for. But alas, we no longer have the good old days when you would grow up watching your favorite player and when he retired he was still on the same team. Sports is a business. A big business according to Mr. Modell. Chris Collinsworth (former AllPro receiver for the Cincinnati Bengals and current barrister) said it best when he stated "Now when I see shots of owners boxes (during televised games), I think about lawsuits and internal bickering. I can get that going home and dealing with my accountant. Sports is an escape but now it's worse than reality." And if that wasn't enough, the Housvery close to sealing a deal which would make them the Nashville Oilcrs\ What spurred this? Try the now familiar enticement ofa new 70,000 seat stadium and the Oilers moving from the bottomrung of the NFL's revenue producers to one of the best. If this deal does go and it probably will,let me make a suggestion for Nashville's first acquisition as an NFL team. Elvis Grbac. It is only appropriate that Elvis play in Nashville and I want this clown off the Forty-Niners! Please? ton Oilers are Law Groups, Advertise For Free On The Docket For more information, call 645-2147, drop a note in box 640, stop by room 724, or e-mail sschi@acsu.buffalo.edu '■•-... /'< •rsunals arc Hfhrj'.: I'lace your /><r*<>»«(/» »i..toi.jw* ' in • h/if t>4o ana we ■ �THE OPINION 8 I ADVERTISEMENT November 15, 1995 WHY [£J BAR/BRI ; I i I—4 I A. BECAUSE FYPFRIFNPF COUNTS For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW TM Let the POWER OF EXPERIENCE work for you � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-11-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 15.11.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/15/1995 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/963c7f80e1b01e07845419ad369e7e26.pdf 6d28e1d8fb81996925992ac569371a46 PDF Text Text L tOP\ED NEWS Follies and Fumbles. Virus infects computers. See page 3 See page 5 FEATURES Is it exam time again? See page 7 Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December 6,1995 Water under the bridge New mini-courses to span the break by Jessica Murphy, News Editor This winter break will end earlier for some UB Law students than others. All firstyears and participating second- andthird-years will bethefirst everstudentsin UBLaw's newest implementation— "bridge courses." These courses begin on January 16 and end on February 3, 1995. Everything is offered, from courses entitled"Rain Making" to "Depositions." KUB Law Professor Olsen, who is also Vice Dean for Academic Affairs, organizedand instituted the bridge courses as a part of UB Law's new curriculum. "This is a great opportunity to utilize the flexibility of our new schedule," said take, and offer real life experience. This better accommodates alumni schedules, as well load for students during the remaining acaas enhancing the student schedules." demic semester. The Course availability for second- and courses facilitate third-years islimited to a total ofthree credit hours, and what courses second and third smaller groups of students for more conyears get depend upon their lottery number. areas of The bridge courses for the first years are centrated study. pre-determined for them. "The beauty is The administration is pursuing a conthat you can be very servative approach to test the popularity of flexible and it gives the bridge courses. Olsen said that reaction students the opportuhas been overwhelming; a good portion of nity to learn legal bridge courses are already closed out, with skills and focus on only small numbers of seats available in the specialized courses." remaining courses. Student opinion has been positive, too. explained Olsen. "Our only limits now JohnCoeppel, IL, said, "I'm very happy are room availability with the bridge courses, because I got someI and our budget. Hope- thing I'm interested in. I'm looking forward fully by next bridge, to this, and it's great that 3 credits are over j thereshould be double and done with before the rest of my classes the amount ofcourses begin." graphic by Len Opanashuck, Art Editor Melissa Hancock, 2L, said, "I think courses related to modern legal Olsen added, "This is the perfect way they're a good idea, but they need more practice...Depending on the success of the to use our alumni who are the best qualified to enrich the range of courses students can see Bridge Courses, page 3, bridge courses, we hope to expand." Olsen. "We tried to cover a broad range of courses. We tried to focus on computerrelated courses, practical skills courses and The bridge courses spread outthelearning experience. This allows for a lighter SBA denies two groups, but gives Jessup $2,000 by Deshika Botejue, SBA Beat reporter The Student Bar Association, amid controversy, granted and denied student groups' requests for funds at their meeting last Tuesday. The Domestic Violence Task Force (DTVF) was one of the student groups present. DVTFco-presidentsKristina Karle and Caroline Hooper requested $3,000.00 from the SBA to fund two summer internships at $1,500.00 each. The internships wouldbe used to compensate two law students to work full-time this summer. The interns would provide legal assistance and attend a permanent site in the family court in Lockport. The internships wouldalso allow students to represent the law school to the community. A heavy interrogation immediately ensued. Dan Werner, 3L Director, asked why people must be paid to attend the Lockport site when other courts use volunteers. Alfredo Acevedo, 2L Director, noted that the Buffalo Public Interest Law Program (BPILP) expressed interest in matching the funds provided for the internships. Although BPILP had not yet set a date for the funds, he asked the DVTF if excess money would be returned to the SBA. On behalf of the DVTF, Karle and Hooper answered affirmatively. Sareer Fazili, 3L, then mentioned that $3,000.00 was a lot of money to ask from the SBA and that granting the sum outright or less. Jeremy Toth, SBA Vice President, agreed with Fazili. Toth saidthat the SBA does not have much money to fund internships. Werner also agreed, suggesting it may be premature for the SBA to vote on the funding when BPILP was considering matching the funds. 3L Director Rob Smith explained that BPILP was working on a Co-op program, and would like the SBA to do some of the matching, too. Smith also proposed the option of having professors grant academic credit for the internships as opposed to offering monetary compensation. Acevedo admitted that the DVTF internships presented a "worthy cause" and suggested that the SBA match funds up to $1,500.00. Karle and Hooper responded to the by explaining that the internship program was two years in the making. The DVTF needed an answer from the SBA before January because training sessions needed to be organized by that time. Smith proposed a motion to match the DTVF's funds, earned through fundraising efforts, dollar for dollar up to $1,000.00. Juließosenberg, 2LDirector, then proposed a friendly amendment for the SBA to match 50 cents for every dollar earned by the DVTF. To avoid setting a bad precedent, Rosenberg clarified that this allocation would be set for this specific case and would set a bad precedent. Fazili suggested would not be a policy used across the board. Fazili encouraged the SBA to vote on that the SBA match thefunds up to $ 1,000.00 comments The SBA returned to order and passed Rosenberg's motion immediately because the amendment overwhelmingly. Under the DVTF had an approaching deadline motion, this the DVTF would receive arguing that DVTF's cause was "worthy." $1,000.00 for their internship fund only if When presented withthe idea ofvoting raised the other they $2,000.00 themselves. on the motion, disagreements broke out The next student organization to reamong SBA members on when to vote and was funds the Moot Court quest Jessup how much should be matched. Pete ThBoard. David and Scott Philbin Pfalzgraf ompson, SBA Parliamentarian, was from the SBA to help requested $2,000.00 prompted to shout, "Shut up and vote!" fund the Northeastern upcoming Jessup The unruliness caused George Hamßoussi, SBA President, to shout, "EvSee Shafted, page 6. eryone shut up for 3 seconds!" The Honor Code by Julie Meyer, A'i.st. Xeus i-:da,,r examperiod Such a final creates an incenYour criminal law exam is two days itive for students who have already taken away. You just finished your outline a |the test to share the questions with stuweek ago and have been struggling to dents who have yet to take it. memorize it. In the midst of trying to After Marcu-s' exam,several students remember the dements ofvoluntary mao- complained that people knew the exam slaughter, the phone rings. Your friend questions even before they picked up the Tom has somehow managed to get a copy exaro. Also, some students were suspected of the actual exam. He's offering to pho- of collaborating on their answers. tocopy It for you. What do you do? No students confessed to cheating or The pressure of law schooi exams were determined to have cheated. The leads many students to took foi ways fo administrationresolved the issueby changmake studying easier. While an eve*- ing ail "D,, and"F'grades to"S" grades,to present temptation, cheating can ruin your give an appearance of grades unbiased by grade, not to mention your law career. | the cheating accusations. However.sucha SUII, cheating has occurred all too often in | favorable outcome foT an incident of susthe past. j pected cheating is unusual. In 1986,Professor Isabel Marcus gave What are the consequences ofcheata "floater" to her Family Law class of 150 ing? If the piofcssor determines that a students. A floater is an exam that can be Sec Cheaters, page 3 picked up and taken during any day ofan , ,, ,, < ,•, , �2 JHfotyElNiabL Deeember'6{ i 1993 Perspective by Scan Shannon Second Years essentially shut out of the Bridge Courses Aseveryone is quite aware, the school is attempting to to prepare for exams. Fortunately, for this year's first year improve the way legal education is taught. The semesters the situation is quite different. They have a more seasoned are shorter. The classes are longer, but the contents remain research and writingprogram, onlyfour classes and a week the same. Go figure. A wonderfulrepackaging ofthe same off in which to prepare for exams, and a fine selection of fetid food, but what they need to do ischange therecipe and bridge courses from which to choose. The second years on the ingredients. But that is for another article. Much to the the other hand have been shafted once again. Out of 15 administration's credit, the school has broken new ground bridge courses offered, five are already closed; three have by creating the research and writing program and the new less than 10 spots left, ofwhich two have 5 or less spots left; one credit bridge course. But with all change there are four course require the permission of the instructor; and usually winners and losers, and unfortunately the second then there were two courses left which, surprisingly, have year students have been designated the losers in this transiquite a few spots available. Essentially, by the time2Ls get to select, more thanhalfof the bridge courses are out oftheir tion to the "new" curriculum. Last year, the Class of 1997 were the lucky participants reach. Didn't anyone think about the second years? Or is ofthe new research and writing experiment. They took a it the class to be written off by the administration? The first full course load of 5 classes and were not given a week off years have their classes. The third years got to pick their classes. And now we get the scraps. I don't think it is healthy to criticize without offering solutions. So these are my recommendations. First, add some more courses to the bridge selection. There are more than enough professors on the payroll who could teach an interesting one-credit course. Second, divide theavailable seats in the bridge courses equally between second- and third-year students. None of the courses are required by the bar and should not considered essential for the third-years to take. Finally, start to take the students into consideration when such decisions are made. Students whoare unhappy don'tmake great alumni. In the meantime, mediation is out for me. And since I'm not interested in Advanced Contracting.TechnicalLicensingor FederalPretrial CriminalPractice, I might as well go wax my skis. BE LESS PRODUCTIVE AT THE OFFICE office has always been a place to set . W you're also a place where ' // takes 95% less energy to manufacture proiuctsJfrom recycled materials. F at the paper when writing a memo. lights are left on when people leave. See how Use both sides ofthe paper vhtnvnHngamZ. is much paper being wasted. How much electricity is being used to run computers that are on. Lx>ok at how water left much is being wasted in the restrooms. And how much BT copies you around the next time you're at I save more for only make the need. Use both sides of the work. See how many use fewerresources today, well copier, fall behind. Take a look to faucet run. Remember, if we mm work. When Unfortunately, it's resources start washing your race, don't letthe produce less waste at ahead. lot of natural brushing your teeth or are some simple ways you can Which would Drink out in throwaway cups. watt bulb ~, well done. FOR MORE INFORMATION AND your lamps. Drink your coffee or tea ttuly bea job of Turn offyour light when you leave. Use a lower !,„„„_-„ TIPS CALL l-800-MY-SHARE. ~-*l**f*^!7***'\J**^\7"tm*Vm?**itim^ .. , v^^» V V/ \V/\\ //\\AF\ |R\M/\\J/\/\ mugs TtfjK \XX/\ A A \ V ALf instead of j^r\?7v '/*\" f'\'-i" " v '¥§ throwaway %Hi Hf\/ v \/ V* \f \A / M out ofc < cups. Set up a whiT* V recycling bin for I\ ; , aluminum cans X > ? KVV 4f A ' Ifx-,XXX -, ,- X -X / h ». !• IT'S A CONNECTED WORLD. DO YOUR SHARE. , 1 /-, Xi'ff V' irWf-rv^of /f *>l|« paper not cubicyards |p, P.Earth Share �December 6, f9SS Computer flu season strikes by Julie Meyer, Asst. News Editor The computers of three law school new type ofvirus, called a macro virus, can organizations were infected with the Monkey virus within the last month. The virus, from a family of "boot sector" viruses, infects the boot sector of floppy disks, then attaches to EKE, BAT, or COM files on a computer's hard drive. Director of Computing, Jason Klindworth, says that boot sector viruses are "common and very old, having been in the University community for at least the past three years." Should students worry about catching viruses from the law school's computer lab? No, because the computers in the fourth floor lab lack hard drives, making it impossible for boot sector viruses to attach to ÜB's computers. Also, such viruses cannot link to text documents. This ensures students' documents are safe from infection. However, a graphic by Len Opanashuck, Art Editor infect students' documents Three ofthe most common ones, called Concept, Nuclear, and DMV, save documents as templates, instead of as documents, and can cause damage to any printouts of the document. TheComputingCenter keeps constant watch for these types of viruses, and is planning on having anti-virus software as a menu program in the lab next week. This would allow students to copy the vim* protection software at the lab, to be used on their home computers. To detect a boot sector virus,watch for a strange:looking directory listing on your floppy disk, or if the total disk space of a hard drive is 2-3 bytes less than usual. For the macro viruses, look for any macros that are different from the computer's default macro. If you see such a macro, do not use it. Ask any computer consultant for more details about viruses. 1Ls speak about Chinatown by Sarah Braen, Aden's Reporter "I'll show you aroomful ofpeople who work, 16, 17, 18 hours a day, who make a dollar an hour, a penny a button; who work in rooms with no fire escapes; whowork in dark, dingy conditions. Will you go with me?" In a video during a presentation by the Chinese Staff Worker's and Association[C.S. W.A.], a reporter asked this question to a federal representative. She was not asking him to go to a third world country, but to Manhattan's Chinatown. C.S.W.A., supported by the Chinese Student Association and the Asian-American Law Student Association, brought this video and two visiting speakers to raise UB students' awareness about the appalling conditions in many restaurants and garment factory "sweatshops" in Chinatown. This presentation also discussed the detrimentaleffects ofbringing an Off-Track Betting facility into Chinatown. Over 20 people attended. C.S.W.A. opposes the sweatshops he- cause of the blatant disregard of labor laws many reasons, primarily because it will deon the part of sweatshop bosses. Often plete the minimal time and money of an employees of these facilities work 10 to 18 already poor minority population. The other reasons why the C.S.W.A. hours per day, for far less than minimum objects to the OTB are thatthere are already wage. Some of these workers do piecework, 2 OTBfacilities in the district. This facility being paid less than a couple dollars for would accept oversea bets from China, and it is proposed to be built in the Silver Palace, each piece produced. Some of these workwhich is considered a historical landmark. ers are children. Over the summer, the C.S.W.A., helda C.S.W.A. also brings issue with some of the restaurants in Chinatown for wages rally and hunger strike to promote awareness of the conditions in Chinatown. They far below minimum wage and for tip-stealing. Recently, the C.S.W.A. won a $1.1 also have held presentations at other schools. Most recently, the C.S.W.A. held a million judgment against Jing Fong, a restaurant they target as one of the worst ofrally in Manhattan on November 25, with some representation from ÜB. fenders. Many organizations on campus are The first speaker discussed the conditions in the sweatshops, as well as the negaconcerned with these issues,and are asource tive effects that the Tongs, the Chinese of information for those people who are mafia equivalent, and the Chinese news curious or wish to get involved. media have had on the effortsof student and For information, contact the Asian worker groups. The second speaker discussed Off- AmericanLaw Student Association, the InTrack Betting. C.S.W.A. objects to the ternational Socialist Association, or the building of this facility in Chinatown for Chinese Staff and Workers Association. 1Ls lead Proposition 187 discussion by Kristin Greeley, Asst. News Editor The Asian-American Law Student Association held a panel discussion about California's Proposition 187,last Tuesday, November 14. The discussion was a part of an undergraduate American Studies course, The Asian-American Experience. The panel consisted of two first-year law students, Ernest Lee and Martin Cortez. Both are from California. Proposition 187, which was accepted by voters, states that illegal aliens are committing "criminal conduct" and denies them access to public services, such as public education and health care. Although Proposition 187 was passed by voters, it has not become law. It is currently being tested in federal courts in California and parts of the law have been declared unconstitutional. Lee, the first speaker, is originally from Southern California and attended the University of California at Riverside. Lee says Proposition 187 is "fine in theory but fatal in fact." Lee agrees thai illegal immigrants should not receive undeserved benefits, but that there must be better ways of achieving this goal. Lee-discussed the history of Asian immigration to the United Stales. In general, he said, Asian immigration follows a pattern. At first, each groupof immigrants was welcomed. But then, for economic reasons, attitudes towards the immigrants changed, and laws were passed limiting their rights to immigrate and live. Lee believes that this is the case with Proposition Flora Chan, AALSA President 3 IE OPINION NEWS The law is mainly aimed at Latino, especially Mexican, illegal aliens, although it would affect all il- They have been accepted there, but now that hard economic times havehit California, illegal immigrants have fallen into Proposition 187 proponents believe that the illegal aliens are a drain on the system and take jobs that legal citizens sould have. The second panel speaker, Martin Cortez, is also a Southern Californian. Cortez worked as a lesislative aide in the California State Legislature with StateLegislatorKathleen Brown, who opposed Proposition IX7. Cortez said that the Proposition is a residual effect of the economic recession. Immigrants are accepted when labor is needed, bul otherwise they are shunned. Because of the recession, people look*1 for scapegoats, and immigrants, especially the illegal aliens, are easy targets. Cortezargued thatRepublicans inCalifornia have essentially scared voters into passing 187. California Governor Pete Wilson used Proposition 187 to support his campaign platform when he ran for governor. Many of the claims of those who are pro-187 are not true, said Cortez. Illegal immigrants have actually contributed more to the system than they have received from it. Cheaters never prosper, continued from page 1 student has cheated* a failing grade is issued Afailinggradeon an exam causes class rank to plummet, and the student must take the class again to receive credit for it. Employers regularly ask to see students" transcripis during the interview process. 1 low would you explain a failinggrade? Finally, the most devastating consequence ofcheating is the professor's right to send a letter to the Ethics Committee of the Bar Association, detailing the cheating incident To become a lawyer, a person must pass both the Bar exam and a review by the Ethics Committee. How would you teel it, after three years oflaw school and a grueling exam, you are burred from practice because the Ethics Committee discovered you cheated ona final in your first year of law school. Is one grade worth throwing your career away? Exams are a couple ofweeks away. Though your days may seem a blur oi facts, cases, and notes, and you have begun dreaming about your outlines, do not consider cheating. WhcniluittiicndoflVrs)! i uexam copy or wants to collaborate on an answer to atake-home final, resist .the temp- tation The consequences far outweigh any benefits. JBridge Courses, continued from page 1 spaces obviously because supply is not meeting demand. "The [credit hour] limits to take courses make the most setv;e to offer everyone an opportunity to take one, and because the courses are soconcentrated, it would hard to take more than three credit hours. This allows access for "The chance to be in a substantive, small class is jii opportunity thai almost no other first year student has. We're hoping that the courses will he very enjoyable.challenging,andexciting. Everyone teaching these courses is highly qualified and has exciting and innovative ideas." >aid Ol.sen. He added,"l'm very confident about the success of all of these courses The people leaching Jie excited about thi> and are working hard. Virtually anyone who takes these courses should come away with an appreciation for a concentrated experience upon which to build their legal career and future course work. The direction of courses focuses on detailed courses and the time is right. No doubt about it, this will do nothing but add l<> our students' education,' . This fact is conceded by groups that are pro-Proposition 187. Cortez said that illegal immigrants are doing the jobs that most people would not do. Therefore, they are not really taking jobs away from anyone. The passage of Proposition 187 is important to us, said Cortez, because New York often follows California politically. Thepassage of 187 has spawned similar measures in other states, especially in the southwestern states. Flora Chan, President of AALSA, says that it is important to have discussions like this about Proposition 187, since we get relatively little information about it in the Eastern U.S. AALSA dedicatedpart ofits first newsletter to discussing Proposition 187because it is a matter that affects everyone. Weekly Meetings Mondays 6:30 p.m. Room 724 �EDITORIAL THEQPINION OPINION ~. , ~ Founded 1949 Volume 36, VI No. 6 1811 _ , , . nnr December 6, 1995 Steven Bachman Dietz Managing Editor Samuel S. Chi Editor-in-Chief EDITORIAL: December 6,1995 . The night before finals 'Twas the night before finals and all through the place, Not a student was stirring, not even a trace. Exams are now thrust upon us, and a sadist professor now strains, To stump us with gobbeldygook, and ravage our brains. Outlines were stashed in our bags with the greatest of care, With the hope that they'd be useful once we got there. Time marches, but still we press on, striken with grief, mired in fear, we run out of ink as the deadline draws near. The library is filled full with people burrowed in deep; Everyone is snippy due to lost sleep. On Boyer, on Olsen, on Ewing, and Opanshuk Lenby Graphic Schlegel on Newhouse, on Dubber, on Berger, 'Tis time that torments us, and to those who've been lax, What would we not give for more time to devote to our tax? The pain is short, and soon it is done the test is lost but the battle's won, For now 'tis time, without any fear, to go and to quaff our glasses ofbeer SBA Fiscal Follies We hoped that after last year's SBA budget follies things would get better. We hoped that some serious thought wouldbe given to the process by which SBA disburses funds to the student organizations. We guess it was too much to expect. Forreasons that escape us, theDomestic Violence Task force is being forced to raise $2,000 before the SBA will disburse $1,000 for summer internships. In the meantime, Jessup Moot Court Board is getting $2,000 with no strings attached to host the Northeastern Jessup Moot Board Competition. Some class directors asked why the Jessup Moot Court Board wasn't required to engage in fundraising like other student organizations. The answer was farfrom satisfactory. It is true that the Jessup Moot CourtBoard applied for and received grants from Sub-Board One and the Law Schools Deans. It is also true that the competition will likely help the reputation ofthe Law School. They are to be commended for the effort. Nevertheless, itis far easier to attract such grants for a competition that will draw teams from the Ivy League and enhance the prestige of the school than it is to get funding for the necessary, but unglamorous task oftraining law students to represent abused and battered women and children. We recognize the necessity offiscal responsibility in disbursingSßA funds. But if fiscal constraints are going to force the Domestic Violence Task Force to match the SBA funds two to one, why should Jessup get a free ride? What is wrong with having them sell bagels like the other student organizations? STAFF Interim Business Manager: Production Manager: News Editor: Features Editor: Photography Editor: Art Editor: Letters to the Editor and Engel To the top ofthe curve, to the top hall dash away, dash away, dash away all Lisa C. Nasiak David Leone Jessica Murphy Mike Chase Molly Kocialski Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News: JulieMeyer, Krislen Greeley Photo: John Gasper. Senior editors: Evan Baranoff and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law lees The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It Ls the student newspaper of the State University of New Yorkat Buffalo School ofLaw. Copyright 1995 bvThe Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent to The Opinion at the abovenoted address, dropped offunderThe Opinion office door (room 724 O'Brian Hall), or placed in Box #10 or #280 on the third floor of O'Brian Hall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics ofinterest to thelaw school community and must be no more than four pages double-spaced.The Opinionreads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publishunsigned submissions. We will return yourdisks toyour campus mailbox or to a private mailbox if a self-addressed stamped envelope is provided The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff ofThe Opinion. "Congress shall make no taw ....abridging the freedom ofspeech, or of the press;..." To the Editor, It has come to my attention that The Opinion has made a habit of printing inaccurate and questionable stories concerning the Student Bar Association and their expenditures. In fact, I am referring in particular to the editorial published in theNovember 1 issue concerning a joint happy hour which was to be held in conj unction withthe other professional schools oncampus. Without getting all the facts from a member of the SBA, The Opinion smashed the Board for not subsidizing this venture. While we do not make a habit of publishing all our potential business, I have chosen to respond to this one directly. First and foremost, our share ofthe pot was to be $800. That is a great deal of money when you consider that the affair was to be held at The New Pink Flamingo. For $400, the SBA threw a phenomenal function at Heenans, and approximately 200 students showed up. Second, the SBA was not given any guarantees as to how much, if any, money would be returned, depending on attendance. Add to that the fact that the SBA does not have the $20,000 budget that the MBA school has, and you can see why the SBA refused the request. In addition, the mcd school stated that they were only going to submit $500 to this venture, and so the cost that the SBA would have had to bear would have been a greater rial without asking for even a single Board member's confirmation of the reported events. The Opinion also made a reference to theBarrister's Ball. It seems as though this event has become the whipping dog of the newspaper. Let me inform you that last year's Ball was attendedby over 275 people, faculty and administration included. It was by far the most well attended and appreciated event thatthe SB A has funded in recent memory. People have already been asking what date this year's Ball has been scheduled for, and why there are not two, one being in each semester. Finally, The Opinion has blasted the SBA in the past about sponsoring "boozefests." Yet they have now blasted us for not sponsoring one. And to top it off, they have made the Barrister's Ball, quite possibly the SBA's most wellreceived social event, the target of their baseless attacks. In the future. I hope thatThe Opinion confirms theirstories that concern the SBA before printing them. It would lead to less confusion and inaccuracies from The Opinion concerning the SBA. Sareer A. Fazili 3L Board OfDirectors Fazili is a SBA 3L Class Director. Editorial Board note: the purpose of the editorialreferenced above was to point out a missed opportunity to the student body. Fazili may be correct in his assertion that in the past, the Opinion editorialboard air, and the SBA was not ready to put themselves in a position where there was no did not support social gatherings such as the one proposed above. However, it is guarantee of anything if the promised conimportant topoint out that WE are NOT the tributions were not made. The calculation that was printed was past editorial board. As for the Barrister's Ball, we like it. also inaccurate in regards to how much it would have come to per person on the There wasn't anything nasty about our SBA's part. There are roughly 750 students reference to it Oh, by the way, just about in the law school. If SBA pays $800, that is everyone on the current Board was apart already more than the stated $.80 each that ofthe 275 attendees Fazili mentioned. The Opinion printed. In fact, the SBA would have been subsidizing the other school's students when examining the fact thatthe other schools were not contributing the same $800 that we were asked to forproportion thanthe other schools. Let it be clear that no school, neither the medical nor the dental, had committed to this function. It was very much up in the ward. SBAPresident George Hamßoussi has already been in contact with the various representatives from the medical and dental schools in planing a "Malpractice Party," that The Opinion would have known about had they bothered to confirm their story withthe President in the first place. Instead. Jhey bypassed him and printed their edito- �THE OPINION OP/ED December 6, 1995 5 Follies and Fumbles Columnist Greg Mattacola Dole for President no not him, the other one THE REAL FIRST LADY. So far we've seen everyone and their brother step forward and announce their desire for the GOP nomination for President in '96, but what exactly do we have to choose from? The same old politicians, making the same old promises, along with the now compulsory staple of the presidential race; the private sector guy promising to bring business sense to the White House. Yawwn. Where is our standout? Where is that dynamic, intelligent candidate with the experience and the charm? I'll tell you where; she's married to the front runner Senate Majority Leader Bob Dole. That's right, Elizabeth Dole. THIS is a choice. Scope out her resume. Master's Degree, Harvard. Law Degree, Harvard. She was Head of the White House Office of Consumer Affairs for Presidents Johnson and Nixon, member ofthe Federal Trade Commission, Assistant to thePresident for Public Liaisons and then Secretary of Transportation for Reagan and Secretary ofLabor for Pres. Bush. OK, but what has she done lately? How about raising almost 600 million dollars forthe American Red Cross as its President the last 5 years? I had the opportunity to hear her speak last summer and her words were as impressive as her credentials. Mrs. Dole gets the Follies and Fumbles highest compliment; She Rocks! Before you all run out and sign up for her campaign staff, forget it. Despite the fact that she has more experience than her husband, she has already said she has no plans to run for any office or do any double duty if she becomes First Lady, unlike Newt's favorite person, Hillary Clinton. So, where does that leave us, the voters? We getto choose from the same old politicians who could have all come from the same DNA experiment goneawry. Not much of a choice at all. VIVA LAS VEGAS! Either absolutely no one reads this column or you people just don't listen. When I came to school last Tuesday, I expected to seehordes of classmates arriving in their newly purchased Jaguarsandblowing their noses with hundred dollar bills. What am I talking about? I shouldn't have to tell you AGAIN but I will. Last Monday's football game! Haven't I told you that the home team underdog on Monday night won't just cover the spread, they'll win outright? I have. Three times now! And three times it has proved true. What does my Super Duper Source have to do, drive you to Vegas to place your bets? You people are infuriating. up games and intramural leagues. Most of us junkies crave more. I found mine in fat tiresand mud. Close your eyes and picture this, actually, keep your eyes open so you can read but Jo picture this. It is a gorgeous summer day and you are cranking down a mountain in Vermont at 25 m.p.h., a half a second from soiling your spandex in fear or getting the best buzz of your life. It's better than sex. Well, actually it isn't, but it's trates bikers more than when they see a drool inspiring ride with some poser whose never been off the sidewalk. If that's you, stay away from the pack ofriders who have to budget for flat tires, it could be hazardous to your health. THAT'S SHAKY. Back to politics. Election '96 isn't far away and President Clinton is in trouble. He's got a Republican pretty damn good. controlled Congress who lets him do little, Or how about your first race, when some bad business deals hanging over his you're comingoffthe line, fighting the herd, head and he's changed directions moretimes trying to get to the single track first? It's a than a long tailed cat in a room full of goodtime, I tell you! And you don't have to rocking chairs. And now he's sending compete or risk your life to enjoy this sport. 20,00(X) U.S. troops to Bosnia to keep the Some of the best rides are leisurely jaunts peace. I've backed the guy in the past but I through the woods, just enjoying the scenquestion his motives and I'm not alone. ery. Screw the student loans, the homeEveryone wants the Serbs and the Croats to work, the obligations. You'll forget it all, I stop the senseless killing but can oneyear of promise. Your performance is yours alone U.S. intervention stop a 4 year war? And is in this sport but you don't have to be a loner. it worth shedding American blood? I think Its the The trails are best when you're with friends Willie has abandoned sugarplums and has TIRES MUD. last FAT AND column ofthe semester, examsare looming and it can bring couples closer! Despite her visions of George Bush's approval rating dangerously in the puzzling infatuation with a piece ofrock, I after Dessert Storm dancing in his head. He horizon and this town is getting colder stillsay the best gift I ever got my fiance was has neglected two facts. In the Persian Gulf than a witch's...well, it's getting pretty cold. her ownbike. For all you traditionalists who war, there was a common focal point for As I sit on my rump and read the same snubtheir noses at these new fangled, alterAmerican frustration and anger; Saddam sentence about Joinder of Claims 48 times, native sports, I should remind you thatmounHussein. No such luck here, most people my gaze can't help but falllovingly uponmy tain biking is an event in the Summer Olymdon't even understand what they' re fighting love, my baby, my...mountain bike. I'm not pics in Atlanta '96. I am sure if the ancient about in Bosnia. Fact number two is it kidding around here folks, this is serious Greeks knew about full suspension Treks, didn't get Bushre-elected. Even if you give stuff. And since this is a sports column, it is they would have had biking shorts beneath thePresident a huge benefit ofthe doubtand my obligation to my faithful readers (all 6) those togas. This is a sport for everyone of suppose he has no political motives here, to clue you in on the greatest sport of all, all ages but heed these words ofwisdom. If this is still a risky endeavor. Americans are mountain biking. Yes, yes, football and you're one of those J-Crew disciples who very reluctant to lose Americans over a baseball kick butt, along with all the other have to have the latest fad and go and buy a battle thatis not border threatening or doesn't sports that we loved as children. But when top of the line Cannondale with daddy's carry global implications. Goodluck troops, you'res'6with sub-average speed, many of credit card, let the thing see some dirt. shaky move Bill. those sports end at high school savefor pick That's what it was made for. Nothing frus- More letters.... To the Editor: In the last edition of this newspaper an place is not so severe and continuous. The amendment was also irresponsible to the editorial was published criticizing SBA members who voted against an amendment to the SBA bylaws which would require the expulsion ofany Class Director who didnot attend his or her office hours. The amendment specifically provided that members who missed their office hours without an excuse wouldbe expelled permanently from any SBA proceeding. As you might be aware, the amendment was defeated. I am writing to explain my reasons for voting against the amendment and to spell out some of the problems with the editorial disapproving the defeat of the amendment. electing student body. Inreality, the amendment would penalize the class that looses a representative, rather than making the Class Director take responsibility for his or her actions. There must be some other responsible way to deal with those who commit themselves to be representatives of our student body and later do not fulfill their responsibilities, without impairing the repre- I must begin by stating that I, as well as most SBA members who prevented the amendment from passing, favor serving office hours. The editorial,however, assumed that everyone who votedagainst the amendment or abstained from voting on it somehow was against serving office hours. Indeed, most SBA members, including those who voted against the amendment, serve their office hours. My opposition to the amendment, however, results from the severity of the penalty which the amendment would impose on SBA members. I oppose the permanent expulsion of any SBA member merely because they miss their office hours. Kxpclling an elected member for being absent is simply a extreme response to a problem Ihal in the first w sentation that every class deserves. There were also other issues concerning the proposed amendment that the editorial nor SBA members in favor ofthe amendment properly addressed. For example, how would SBA address the problem of a class that looses one or more of its representatives? I assume that no one in favor of the amendment was suggesting that a class who looses its representative was to be underrepresented in all SBA proceedings for the remaining of the year. I also do not thinkthat those in favor of the amendment considered having elections every time therewas a vacancy on the SBA. After all, none of these options sensibly address the alleged problem of absenteeism by our SBA representatives. In addition, the amendment, while not forcing any member out of office who presented an excuse for their absences, failed u> define what constitutes acceptable excuses. Because these issues were not properly addressed in the SBA debates 1 voted against ttic amendi. •' i bus m:r! b'j . ment. I suspect that others who prevented the amendment from passing were troubled by these issues as well. Finally, the editorial did not mention the attempts by those of us who were against the amendment to strengthen the language of the SBA bylaws and require members to attend their office hours. By failing to address or present the real issues behind the proposed amendment, our official newspaper misrepresented the views and commitment of some SBA members to the misfortune of all the law students in our school. Alfredo Acevedo 2L Acevedo is a SBA 2L Class Director Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current events topic'that concerns the law school community, write The Opinion. Letters to the editor are best when written as a part ofa dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. AH submissions are due the Friday before we publish. Your letter must be submitted on a computer disk (IBM*WordPerfect 5.1 format). The Opinion reserves the tight to edit any and all submissions foT space as necessary and also for libelous content; we will not publish any unsigned submissions. Send your submissions to The Opjnioq office or place them in box 640 �THE OPINION 6 Shafted, continued. Moot Court competition hosted by ÜB. The Jessuprepresentatiyes argued that j this event would cultivate positive name for UB and added that severali recognition I Ivy League schools would be present in theI competition. j Craig Hurley-Leslie, 2LDirector, then inquired why no attempts at fundraising were made. The Jessuprepresentatives responded that they requested and received grants: from Sub-Board One and from the law school Deans for an amount equalling $2,000.00. The representatives admitted that they decidedagainst conducting bagel salesinfavor offundraising through grants from the Sub-Board and UB Law administration. Jessup was still $2,000.00 short of its goal Werner stated that Jessup is no better or worse than other student organizations that conduct bagel sales and that Jessup should conduct more fundraisers. 2L Director Pr udence Fung, however, advocated granting the $2,000.00 on the grounds that Jessup was an excellent asset to the school and that fundraising is a choicetobe made by the Individual groups. Fung is a member of the Jessup Board of Directors. Rosenberg retorted that Jessup should raise funds like everyone else, JoAnne Howie!, 3L. responded that Jessup did fundraise but in different ways. Hurley-Leslie argued that applying for grants from sub-board and the Dean is not fundraising and compared Jessup's I efforts to "extortionist tactics." Greg Mattacola, IL, agreed with Howlet and argued that Jessup did legitimately fundraise and that the SBA should grant them the $2,000.00. Toth also advocated granting Jessup the $2.000 00 He argued that it brings prestige to UBand praised Jessup's excellent fundraising tactics. ITiompsonthenmentionedthat Jessup should not be penalized for its alternative fundraising methods and proposed a motion granting the Board the $2,000.00. This motion also passed overwhelmingly. The generosity ended here. !'hi final stud, in group to requesl funds from the SBA was the Labor & Employment Law Association (LELA). This organization, with the assistance of the Asian-American Law Students* Association and undergraduate groups, hosted a workshop on child labor the previous week. This workshop touched on labor law issues. LELA representative. Nelson Mar, requested $200 00 from the SBA to cover a budgetary shortfall because the group had to fly in a speaker from New York City. SBA members, however, were hesitant to grant the $200.00 because a member of the student group failed to request the funding before the workshop. This request was contrary to SBA funding policies which requite that student groupsask for funds prior to whenthe money is needed. Mar was well aware of the necessity of requesting funds beforehand, 2L Director Mike Beckelman recognized this violation of SBA policies and stated that it was "just hot right" to grant the group the requested $200.00. Acevedoopposed, nolingthat the SBA had just granted Jessup $2,000,00 outright, and argued that $200.00 was not a lot to ask. SBA Treasurer, Mercedes Lindao, could not agree and suggested that LELA raise the money themselves. FaziU sided with Acevedo and advocated granting the money reasoning that $200.00 was not a lot to ask, even though it was after the event When brought to the floor, the SBA soundly defeatedthe motion to grant LELA $200.00. I \ NEWS December 6, 1995 Library hours not enough by Julie Meyer, Asst. News Editor The majority of students want library hours extended beyond 12 a.m. in the law library during final exams, according to a recent survey conducted by Alfredo Acevedo, 2L SBA Class Director. Over 110 students participated in the survey. Those students who were satisfied with the current library schedule felt that they would not use the extra hours. Answers to the question of how much longer should the library stay open ranged from Ip.m.-3 p.m. to open 24 hours a day. Some students want the library open at an earlier time, instead ofkeeping it open later. Those students who believe they will use the library late at night are particularly concerned about safety. Safety concerns include the parking lot, the basement of O'Brian Hall, and around the O'Brian Hall building. Most students do not mind if circulation services are not provided after 12a.m. Students would also be satisfied if only the second and third floors of the library were open after 12a.m. Almost all students participating in the survey are against non-law students using the library during extended hours. Some students also do not want lawyers from the community using the library during the extended hours. As of December 4, 1995, the SBA Library Hours Group has yet to meet with Deans Olsen and Gibson to talk about hours extension. Olsen has been sick, and unable to attend meetings. Money has been allocated by the Li- brary Hours Group for a public safety student worker to be stationed at the library's front doors to monitor people entering and exiting the facility. To enforce the exclusi veness of library use during extended hours, most students favor requesting identification before en- tering the library. To help with the extended hours, 21 students indicated they wouldbe willing to volunteer to keep the library open, though some students suggested that volunteering should not be required during extended hours. Currently, the Law Library is open Monday through Thursday, 8 a.m. to 11 p.m., Fridays 8 a.m. to 9 p.m., Saturdays 8 a.m. to 9 p.m., and Sundays, noon to 10p.m. 3L places 2nd in national competition by Jessica Murphy, News Editor Joseph DiVincenzo, a third year student, recently placed second in a prestigious national writing contest sponsored by the American Judges' Association [AJA] and American Judges' Foundation [AJF]. Over 2,900judges are members of the American Judges' Association. The American Judges' Foundation sponsors theactivities of the American Judges' Association as its research and education offshoot. DiVincenzo, who originally wrote the article to fulfill a law review requirement, wrote the piece entitled, "The Federal Death Penalty: Prevailing Federal Political Views and The Clash With Current Federalism." "I had written the paper, and when it didn't get chosen for thelaw review, I put it away for some time. But, then I saw the American Judge's Association competition was looking for papers focusing on procedural/judicial issues, so I submitted it." DiVincenzo explained that the paper focuses mainly on individual states' rights rather than the death penalty alone. "It is more a state's rights and tenth amendment piece with the passionate issue of the death penalty thrown into it," said DiVincenzo. "People are stepping overthe line in today's anti-crime atmosphere. They are ignoring state's rights." "Timeliness was a main factor here," said DiVincenzo. "I used a lot of cases that had been recently argued before the Supreme Court. One case in particular was a decision overturned by the Supreme Court to uphold the individual state's right to use the death penalty or not." "I thought I'd never hear back [from the American Judges' Association], letalone receivesecond place! I now have the chance be published in the [American Judges' Association Law Journal] "Court Review" Spring 1996 issue." to DiVincenzo gained experience in the area of federal death penalty law during the summer of 1994 when he worked at the United States Attorneys' Office. He was a part of a team that worked on the first death penalty case to be prosecuted in New York State in nearly 20 years. Eventually, the defendant took a plea bargain, and ultimately avoided prosecution under the federal death penalty statute. "UB [Law] students chronically underestimate their abilities. I took my paper out of the UB arena, and I did well...We underestimate our education. Whenstacked up against other nationally ranked schools, we are on their level, or above it." DiVincenzo received an award certificate, $750.00, and the right to publish his paper. Other winners were, in first place, Kathy Jo Cooke of Suffolk University Law School and, in third place, Ryan S. Bexerra of the University ofCalifornia at Berkeley. 3L helps create lifeline for students by Jessica Murphy, News Editor Harvey Siegel, 3L, is currently the liaison between the NewYork State Car Association and UBLaw School in its implementation of an alcohol and drug treatment policy for law students and lawyers. The official policy of UB Law is to refer students who need treatment and assistance for drug and/or alcohol abuse in a "confidential and compassionate manner." The policy of confidentiality means that there are no academic or disciplinary consequences ofadmitting to and asking for help with addiction. If a student cannot finish a semester, then their transcript will indicate a medical leave, nothing else. This policy is unique because it allows law students to recover, and still have their careers. The confidentiality requirement prevents letters and/or other damning materials relating to a student's addiction from making it to the character and fitness portion of the State Bar exmainiation. ÜB's official policy coincides and works in conjunction with the NYSBA's Lawyer Assistance Program [LAP], The Lawyer Assistance Program is available to anyone involved in the legal profession, including family members, and is free. LAP is an extension of theNYSBA's Committee on Lawyer Alcoholism and Drug Abuse. UB students do not necessarily have to pursue help through the law school, andwill obtain the same level of confidentiality no matter what sort of treatment program they choose. Siegel's compilation ofanofficial written drug and alcohol treatment policy is the second ofits kind to be implemented across the nation. "This policy is a model for schools nationwide, " said Siegel. The figures reflecting law student use and abuse of alcohol and other drugs is shockingly high. According to a 1991 American Association of Law Schools study, 37 per cent of students indicated that fellow classmates were regularly impaired by drugs or alcohol, and 21 percent of students indicated that their professors demonstrated addiction problems. Barrister's Bowl Blowout by Sarah Braen, News Reporter Twoteams from UB Law School were victorious November 11 when Bar/Bri Bar Review held itsfirst annual Barrister's Bowl Western New York Regional Competition in Syracuse. Six students constituting two teams represented UB Law School at the competition. The team members from UB Law were Jack Bell, Sarah Braen, Ben Dwyer, Adam Easterday, Sareer A. Fazili, and Les Machado. Albany Law School, Cornell University I .aw School, and the University ofSyracuse law School also sent two teams each. Competitors were not required to be registered with the Bar/Bri course to participate. TheBarrister'sBowl matchesconsisted of 60 questions asked to two teams of three people in the course oftwo 30-minute halves. Questions were drawn 15 percent from legal knowledge, and 85 percent from general knowledge. Teams answered questions rapidly, having only five seconds to answer after activating their buzzer. If the answer was incorrect, the other team was given five seconds to attempt an answer. Matches went quickly. Four quarterfinal and two semi-final matches eliminated all but the two teams from Buffalo. Both UB teams will advance to the "elite eight" state final rounds in New York City on February 3 and 4. The "elite eight" matches will draw more significantly from legal knowledge than the regional matches. Each participating team member will receive a $100 discount toward tuition in a Bar/Bri course. Bar/Bri also awards cash prizes for team members and the law school's SBA if their teams go to the final matches. Both Buffalo teams were pitted against each other to establish seating in the final matches. Both teams placed well, and will represent UB in Febru. y �December 6, 1995 THE OPINION FEATURES 7 It's Miller Time Our newest faculty member is into "excellence without attitude" by Kristin B. Jones, Contributing Writer Asked what she likes about her new home, UB Law's new professor, Teri Miller, saysthat "Buffalo is about excellence without attitude." Professor Miller, who graduated from Harvard University Law School in 1986, says that although studying law at Harvard was an exciting experience, she was troubled that "people felt that what happened at Harvard affected the world." Says Miller, "most law schools are bastions of elite legalism and turn out little elitists." But she believes that UB Law is quite different. "I was Professor Teri Miller impressed with Professors Isabel Marcus, Nils Olsen, Peter Pitegoff and development of legal and social systems in both the United States and George Hezel andtheir visionfor teaching. An empowering, interactive and South Africa, which tendto exclude on the basis of race. Her goal is to devise non-elitist vision. "Law teaching allows you to do a list of recommendations for ways what you want with a public service that South Africa can improve in light interest in mind, making real changes of its new "non-racial rule". that matter to people who are not elites." Before joining the faculty at UB Indeed, Miller is working to effect Law, Miller both practiced and taught some ofthese changes both inside and law, as well as clerked, among other outside the classroom. things. She graduated from Duke UniCurrently, Millerteaches Prisoner versity in 1982 with a degree in PsyLaw. Beginning next semester, she chology. Miller remarked that law school was not something she considwill teach Contracts and a ComparativeLaw Seminar whichfocuses on the ered seriously until her last year of college. While graduate study in psychology was an option she of the community in a nonthxeatening way." She adds, "the program made a seriously considered, she said that she chose law because "it allowed me to have exposure to a lot of different things." She entered Harvard University Law School in 1983. tremendous impact onthecommunity." Despite her success with these ventures, Miller admits that she still wanted to return to teaching. "In the end I came After receiving her J.D. in 1986, Miller headed to the University of Miami, where she taught Research and Writingfor two years. In 1989, she graduated from the University of Wisconsin with an L.L.M. A one-year federal court clerkship in the Southern District of Florida followed, during which time she coordinated two federal court programs. Subsequently, Millerpracticed commercial law with the Miami office of a New York City law firm for two years. Miller kept very busy during these years. After law school and during her two year stint at the University of Miami, she also wrote screenplays, travled and attended film festivals. - back to what I like the most teaching." She explains that teaching gives her "the freedom to pursue various things I am interested in learning about." Judging from her current and future projects, Miller has many interests. Presently, she is working on an American legal history article. Her interest in the social and legal construction of race lead her to study a nineteenth-century mutiny in which 53 Africans - illegally trafficked from See Miller Time on page 10 Inside... Miller later worked as a Project oordinatorfor a community program Prof. Newhouse or at-risk youth. She notes that she njoyed her work with the children, >articularly because "we reconnected ie children with the elderly members Moot Column Exams! Again? So this is what it all comes down t0... by Dantela Almeida-Quigg, Writer help the less fortunate? To see liberty and justice for all? Well, time to put all that frivolity behind you because it is theend of the semester, and you really need something to save you from getting sucked into the holiday spirit. That is why law schools have come up with final exams. people do, they consist of doodles, notes to the person sitting next to you, and really helpful sentences like this: "The most important issue in Marbury v. Madison i5.... (something about constitutionality?)...." I attended a small uni- versity proud of its "liberal arts" focus. They perceived sentence using-those letters: around you nicely to type a little qui- eter. I am sure, they will .comply "All My Candy is Hidden." Now it will be impossible for you generously. to forget the elements of a crime. HelpNow we come to the subject .of your exam. ful, huh? When the day ofthe exam comes Law professors love to drop a little humor into their exams in an attempt to seem a little more humane. It generally has the opposite effect; like, they know I am reading this question that I don't understandand it is all a big joke to them, and this is my life on the line....but I am not para- that studies have shown that the best way to learn was in small, intimate groups with noid or anything. The professors come up with absolutely outrageous fact patterns, with hilarious situations, with comical names like O.J. Slimeson and Johnnie Cockroach. Try not to be so overcome with helpless laughter that you are unable to complete your exam. Try to spice your exam up with a few little jokes of you own. Professors must love the humorous puns and banter you can slip into your free-flowing discussions, to have frequent exams on small amounts of material, and to receive lots of positive feedIt is only reasonable, then, thatlaw schools do none of this. Law school exists for evaluating our intellect, so naturally it would follow that you should have one exam with no feedback before taking it. Since the professors won't tell you how to do well on these exams, you will have to rely on my expertise. No, I didn't make law review, but I know a few people that did, and I think that makes me some kind of an expert...or at least a friend of an expert, and frankly, if you are looking to The Opinion for exam advice, I probably have all the information you can FEATURES handle... Prst, you have to make an outYou can work on an outline alone, spread out all of your notes (which you've meticulously taken every day), confirm them against the commercial outlines and your text....and then WAKE UP!! If you take notes like a lot of Photos by Mike Chase Then you run around screaming like a lunatic, that you only went to, like, nine classes; and, who signs up for an 8:00 class as a second-year anyway, and I thought I had most of the notes, and I thought I had done at least most of the reading So, I think it'stime to face up and just buy the commercial outline and memorize it. Now, memorizing an outline sounds ominous I know, but some of them come with helpful little devices to help you remember the important issues. Let's take Criminal Law and the elements of a crime. We have the Actus Revs (guilty act), Mens Rea (guilty mind),Concurrence(ofactand mind) and Harmful result. So, we have A, M, C, and H. So, find a you can either take it in a room with almost the entire class taking it with you, or you can type it upstairs in the 4th floor. So, really, your choices are taking it in a room where you may become obsessed that others are finishing the exam before you, that people have more outlines andthat you don't haveenough colored tabs on your books. Don't let these little things bother you, it doesn't mean a thing other than those people studied harder, are more prepared, are obviously superior and what do you think your doing in law school with these people anyway?? Or, you can type it, where the noise from everyone else's keyboards may become a little distracting, too. If this occurs, simply ask everyone else exam. You will generally get no feedback after your exams either. I went and looked at a few of my exams after they were "graded." This was generally a complete waste of time, only causing me to go intoveteran-like flashbacks of the entire petrifying event. Some professors do give helpful comments, others must simply feel that comments would only permit me to do better next time, and that would upset the whole ranking process. Speaking of which, don't despair don't do as well as you hoped. It you if is an amazing and unexplainable mathematical event which causes only 10 percent of the students to be in the "top L0%." Unthinkable! �8 THE OPINION FEATURES December 6, 1995 Moot Column by Dan Killelea, Asst. Features Editor Success can be yours... Now that the semester is winding down and we're moving towards Christmas Break, many ofyou are undoubtedly looking ahead to the Winter Interviewing Season. As might be suspected, I've been there. And while I understand that most of you can't expect to get an interview with a nationally known firm like Jacoby and Meyers, I think I can generalize my advice well enough so that even those not following exactly in my footsteps will be able to take something out of this. A lot has been said about the Lunch Interview, and with good reason. Therein exists a pressure-filled environment in which you're trying to appear intelligent to the associates interviewing you, while at the same time trying not to order lunch without looking up at the menu above the cash register. It just doesn'tlook good if you don't know what you mean, let's face it— whohasn't been to onald'sabout a thousand times already?). Once you're there, and your lunch is underway, there are many subtle things you may do which may rub an interviewer the wrong way. Whether you're interviewing at an Environmental firm or not, you don't want to order anything in a styrofoam bowl. The squeaks they make when you're trying to get those last few bites up with a plastic spoon would grate on ANYONE'S nerves. And unless one of your interviewers has already ordered one, don't ask for a large soda. You certainly don't want to be the only one still belching when you get back to the firm's office after lunch. Most importantly though, don't order any beans or chili, even if it's only on your potato (this can be especially tempting if you're on a second interview and they take you P(I the mustard to say that you'ye always wanted to work for the Sears Financial Network (when I tried it, I think it came across as up). Also, be sure to find out the ms addresses, and write them downere's nothing worse than driving through every shopping center on Transit Road only to find it was Niagara Falls Boulevard you were supposed to be searching. Even after doing all that research, and toughing it out through a grueling ten-plus minute interview, your job is not done. One ofthe ways to make sure the people who've conducted your interview will keep you in mind is to send them Thank You letters. by These are, obviously, more informal, friendlier notes, but they should STILL be written on yellow legal paper. And for goodness' sake, don't do anything "cute" like dotting your "i's" with smiley-faces. Signing your in bright red or green ink is about as you should get. *ssing Opanshuk Len graphic to Wendy's Super Bar). Believe me, you will have the WORST breath. When you get back to the office for the second half of your interview, it will be especially essential to stay focused on the discussion at hand. Forget about what you had for lunch, forget about what you're doing for dinner, and DON'T start looking out at the shoppers in the store across the mall. It's a good idea to have done some research on the firm you're interviewing with. A goodplace to start is by lookingthem up in the phone book-- the more successful firms will probably have the full-color ads. These people want to know more than just why you're good fortheir firm; they want to know why their Ename discouraged if you don't hit paydirt on your If you keep your nose to the grindstone and take my suggestions, you should at least be able to get a few call-backs, and maybe a job offer or two. And if you don't get a job, you can use your rejection letters to get sauced (a lot ofbars have specials where you can trade them for free beer, you know). Interviews or no interviews, enjoy your break— it may be one ofthelast times in yourlife when you have the choice of whether or not your daily life will revolve around the law... See you in February! '. PBSA: Another alternative for Legal Employment for students interested in the Public Interest by Sara Meerse, Special to the Opinion As you may recall from your Ethics Currently, the database has ap- proximately 30 agencies in the class, CANON 2 of the Lawyers Code of Western New York area which Professional Responsibility states "alawyer are eager to receive help. Going should assist the legal profession in fulfill- to New York City during the ing its duty to makelegal counsel available." break? There are hundreds of Law school prepares you to become an agencies in the New York metroattorney; Pro Bono Students of America politan area participating in PBSA, such as Legal Aid Society offers you the opportunity to assist in increasing the availability of legal services to Criminal Division, Brooklyn those in need. D.A.'s Office, Center for Economic and Social Rights, Natural UB Law has joined several other law Resources Defense Counsel, Ofschools in participating in PBSA, a national fice of the Comptroller of the database of law school public interest and Currency, QueensLegal Services, pro bono programs developed at NYULaw. Planned Parenthood, and Office The database contains approximately 1,700 of the Public Advocate. pro bono positions located throughout the Volunteer work can have country which are available to first, second, and third-year law students. The agencies long-lasting benefits. Besides vary from public interest organizations to gaining hands-on practical experience and building your resume, private firms with pro bono dockets. a volunteer position provides an Through PBSA, law students volunopportunity to network. Not only teer anywhere from 5 to 15 hours per week can you network within your Visit the Career Development Office on the Sixth Floor! working on various issues including civil agency, but you'll begin to get rights, criminal law, poverty law, adminisyour name out to people in agencies with ship program that is based on pro bono trative law, labor law, disability law, and which you have contact. activities. And, the American Bar Associamure. In place of working on a weekly basis, tion Law Student Division began sponsorstudents can volunteer on a project basis. If Across the nation, law communities ing the annual Work-a-Day volunteer proyou're looking for something to do over the are recognizing the importance of pro bono gram in 1992. long winter recess, why not work pro bono work. In 1993,theSupremeCourtofFlorida on a project? Pro bono is an important component of adopted a voluntary pro bono plan to into assistance the crease the availability of legal judicial system. It helps ensure access to If you are looking to work in the Bufof Pubthe poor. The National Association "justice for all." PBSA increases responfalo area during the school year or in other lic Interest Law (NAPIL) worked with the siveness to the needs of Buffalo residents, regions of the country during the long win- Legal Services Corporation last year to es- and you can become a valuable member of ter recess or summer. PBSA is for you. tablish a summer rural legal corps fellowthe community. On a more practical level, as a student participating in PBSA, you gain legal skills employers seek in this tough job market. If you are interested in PBSA, stop by CDO to set up an appointment. Bring a copy of your resume! Sara Meerse is a GraduateAssistant in the Career Development Office �THE OPINION FEATURES December 6, 1995 9 Wade Newhouse, a teacher by chance... A UB Law professor for almost 40 years and still dedicated to teaching by Len Opanashuk, Art Editor Upstairs on the fourth floor ofthis law school, tucked away in one of many nondescript offices, sits a man who has literally made his life's work teaching. Some have referred to him as the world's first nuclear powered-professor, based on the amount of energy he puts forth in the classroom. In truth, he is simply driven by the desire to see his students learn. Those who know Professor Wade Newhouse or have had him for class will immediately recall his thick southern accent. He jokes, "a bunch of skeptical law students...l tell them lam from South Buffalo and nobody believes me!" Actually, Professor Newhouse grew up in a relatively small southern family in a little town located just north of Memphis, Tennessee. Born duringthe "RoaringTwenties", he grewup during one of the toughest times in American history, graduating high school at the height of the Great Depression in 1940. "Times were tough. Growing up in the Depression, people thought it was never going to end, then along came World War II and that changed everything. People should remember that where we've come from isn't all that far back." Professor Newhouse decided that he wanted to become a lawyer in high school. When he graduated in 1940, only two years of undergrad was required. At this point, being too "stiff-backed" to ask anyone for help, he began trying to figure out exactly how he was going to afford college during these tough times. For about a year after high school, he spent his time working in a warehouse in Memphis. Then, in 1941, he began going to an unaccredited night law school just to read law. "In September of that year I started at that school. It was me and about 20 or 30 insurance adjusters in some building downtown. I was saved from a fate worse than death, probably, by Pearl Harbor." Professor Newhouse considers World War II as the start of a series of chanceinfluenced changes that shaped the course ofhis life. "Serendipity plays a role in most people's lives, more than most people like to admit, I think. Where we are and what we are doing is because we happen to be in a certain place at a certain time. So, after Pearl Harbor, I enlisted," explains Newhouse. Professor Newhouse became a control tower radio operator for the Air Force on the Pacific Front, andremained in that position for about two years.His next "serendipity" came in August of 1945. The Government had announced the G.I. Bill, which would become Newhouse's ticket to college and law school. On August 1,he began a 45-day leave in the states. One week later, the U.S. dropped the atomic bomb on Hiroshima and began letting soldiers come back to the States by the numbers. Instead of having to wait for his number to come up, Newhouse was eligible for immediate release since he was already here. If he had still been overseas, it might have taken him six months to get back. Instead, on September 15, he was out and heading for school. After the war, he began a two-year program at Southwestern, asmall liberal arts college in Memphis.The next "serendipity" occurred when a particular political science professor named Amacker caught his attention. He decided that political science was interesting enough to get a degree in and at this point became interested in international law and politics. "Nineteen forty-eight comes and, I think, that's the first yearof the LSAT. I decided,alright, I'll ,. go to law school. Bill would only two cover years, however, Newhouse never finished applying he - sent out only two applications: one to Michigan and the other to Virginia. "Michi- gan accepted me and I fig- ured, okay, I'll go to Michigan Law and that was the next bit of 'serendipBishop was there in Inter- ; Prof. Wade Newhouse national Law and I was very interested in that sort of thing. I got to studying with Bishop and all the stuff he did. I sort of danced tomy owntune through law school." Professor Bishop, who had a national reputation at the time, helped to give Professor Newhouse direction. "He thought he might be able to get me a position in Washington for three or four years, then I would go back and get a Ph.D. in political science and move on into international politics." InJanuary 1951,Newhouse was graduating from law school. His hopes of getting a position with the Legal Advisors to the State Department were shattered when Truman instituted a job freeze. They told him to come back in six months and that maybe the freeze would be lifted. As it turned out, Professor Newhouse continued in Michigan withthe new legisla- tive research center working on a book entitled Uniformity in Taxation. This was a one-year post that turned into two. Then, in 1953, he was going to return to Washington, except that none ofthe jobshe wanted were open. Instead, Bishop gave him the idea to teach law. Creighton University Law School had an opening in international and constitutionallaw, which Newhouse accepted. In 1957, he took a leave of absence from Creighton and went to teach at Columbia University School of Law. He never went back. Instead, he came to UB Law in September of 1958. While teaching international and constitutional law here, "I made the 'mistake' of ending up on a school board. I had children in the district. By 1971 I was involved and had abandoned international law and began teaching 'Law and Public Education.' "This was the next 'serendipity' that changed my life. It wasn't really respectable back then. At this point I was a full professor with tenure, but, I said, I'm going to lose the false pride and start all over again teaching school law, focus on public sector law, and not only that -1 am going to teach New York law." On the school board, Newhouse became a member of the community and was deeply involved in community affairs. "I got to working with a parent's group dealing with learning disabled and handicapped children and I realized that there was much there that was being ignored. "1 never really regretted giving up international law. I became a part of the community and academics don't always necessarily become a part of the community. I havenor,e£rutKiit alt. I wouldn't have he first bega teaching scho lon law in the Educ schoo ewhousedecidec tryoutasemin ir law students following year Newhouse proposed that Rosenberg be made part of the faculty and as a result Rosenberg started in the fall of 1971. Rosenberg would later take over the directorship of the program and convert it into an in-house hands-on clinic. Newhouse says that the clinic came from all their experience in the community. "With the clinics, you had to be careful about who you took on according to the Bar, but with us it didn't matter because there was no one else to do the job at the time. This was prior to any significant federal statute there were only state statutes. "Now it has become a large enterprise. Now, under Melinda Saran, the clinic has become a major part of our clinical program with more than enough work for it to handle." Newhouse knew he would either teach or work in government when he graduated - >andon interna)nal law and go with school law. During the summer an incident occurred in the city and we got to help- from law school. When told that he seemed to care a lot about his students, he replies, "well, you shouldn't be doing it unless you know what your obligation is, what your 1 duty is." Right now, Newhouse teaches school law, public sector labor law, and, ing someone when Norm suggested the idea occasionally, constitutional law. "About of a clinic. I told him he had a big mouth and three years ago I told the Dean I'll retire if they'll let me go emeritus and continue on that he ought to come with a program! "He came up with one and in the spring of 1971, we had the first successful school The clinic was so successful that the full-time doing my specialties, filling in for See Teacher By Chance on page 10 Poetry by Scan Shannon I Couldn't Sleep at all Last Night Two exams were to be given on [he same day, and being the unprepared student the more I prayed, that somehow I could teach myself the Federal Income Tax Code in one day. f searched far and near amongst my friend'; dear, to see if they might be able to alleviate my fears. But others outlines were not permitted: I had no right My old ftKiiiLs 1 egalincs, Emmanuel and Nutshell and the like would not bear me solace; it was my own fight. The A&R staff were not sympathetic and would not give delay, saying that "its time for you to pay for your procrastinating ways." 1 appealed to a higher authority: the SBA, but they did not care for there were more important matters; the bars needed to be paid. The Dean would not see me, his secretary said with a scowl, "'if you don't know §61 your experience here will be foul." I went to the Law Review to get their advice on my fate, but I was told with a shrug I had been "5 minutes too late." So I settled at my desk with a plain cup of joe, for no mocha yuppie juice would be true, give me strength, for the task I needed to do. 1 struggled through income and charitable rights and realized that it was possible. I just might. to The day ot the exam came and had not slept a wink. The exam was blurry, and my pen had no ink. And the students looked strange, and the room did not seem quite ri^.ht, but I had made it to school, which is half the fight. I borrowed a pen and proceeded to write, and by the end of the exam realized something was not right. Negligence and intent were not in the Code, then I came to the conclusion I had flunked the wrong exam cold. ...with apologies to Robert Frost and Dr. Seuss �THEQEIMPN 10 FEATURES r WdhMm"ms Student Perspective: The Wednesday Night Clinic: A Worthy Venture by Rita McKenna, Features Writer Inconjunction withthe VolunteerLawyers Project and Haven House, the Domestic Violence Task Force is involved in a weekly clinic that offers legal help to poor battered women. These women often come to the "Wednesday Night Clinic" with an array of problems. Due to the abuse that they have suffered, reaching out for help can be very difficult. The Clinic helps steer women toward the legal help they need in an intimate and non-threatening setting. Women are referred to the Clinic through Haven House, a local shelter for battered women. Some are clients ofHaven House and others hear about the Clinic through Haven House's Hotline. In order to qualify, the woman's income must be below a threshold level and their problem must involve domestic issues. Many ofthe women come seeking advice on divorce, custody, or protection orders. While some women come to the Clinic with an individual legal question,the majority need more extensive help. Students involved in the Clinic conduct basic client interviews to see if the woman is eligible under the income requirements and if the lawyers involved can handle the problem. I f these requirements are met, then the client meets with one of the Clinic's lawyers. All of the Clinic's lawyers are experienced in family law. Once assigned, the lawyer assesses the client's situation and offers basic legal advice. Following this initial consultation, Susan Fraunfelder, a third-year law student and coordinator of the Clinic, works with a member of the Volunteer Lawyers Project to decide what legal services group in the area is best able to help the client. Many of these women can get help from the Project or from Neighborhood Legal Services. These are income-based programs that focus on domestic issues. The group that a woman is referred to is given the information taken during the interview to begin the process of helping her. Unfortunately, in some instances, there is no local organization that provides the assistance thatthe woman needs. At the Clinic, I sat in on a consultation with a woman who wanted to get a legal separation from her abusive husband. After interviewing herfor just a few The Domestic Violence Task Force Office, Room 604 O'Brian Hall minutes, though, it became apparent that this woman had a number of intertwining eaten nor slept in a few days. Mr. Sugarman my interest in doing public interest work. I legal and personal problems that needed to did not just encourage her to get help. He was also surprised at how much I learned be dealt with. gave her some phone numbers for a counfrom just sitting in on the consultation. The I was impressed with the sensitive seling center, a food bank, and a women's combination of passion, knowledge and manner in which the students and the attorsupport center, plus, concrete advice on commitment demonstrated by thevolunteer ney,Steve Sugarman, handledthe situation. how to go about getting more help. students and attorneys left a lasting impresFor poor battered women, access to sion. Mr. Sugarman offered the woman a number of options withregard to her legal problems. legal help is very limited. The Clinic fills an For more information on the Clinic ana But he also addressed her personal needs. important need while giving those students the TaskForce in general, just stop by Room The woman fit the profile of many involved the chance to gain some unique 604. Also, Haven House's Hotline number battered women seeking help: she was emoand worthwhile experience. is (800) 884-6000. tionally overwhelmed and she had neither For me, attending the Clinic reaffirmed Miller Time Teacher by Chance continued from page 7 continued from page 9 - West Africa to Cuba seized control of a slave trading vessel, and eventually became the subject of litigation. TheAmistadCase, as itbecame known, was ultimately argued by John Quincy Adams before the U.S. Supreme Court. The issue? Were the Africans cargo within the meaning of a treaty which, if applicable, would command their return to Cuba (and almost certain execution)? Or would they have their freedom? In the end, the Court ruled in favor of freedom. men. "Their power is derivative. Drugs and men. In prison, white male guards act as custodians and authority figures over many of these women. But when they get out of prison, wherealong the way have they been empowered? Thereis no process ofhelping them to build themselves." She argues that, "by tying in economic opportuities, by helping women help themselves, they can then successfully make the transition from incarceration to unincarceration." Discussing future projects, Miller said that she is interested in studying self-affiliated institutions. "I wantto look at the ways in which minority communities can use privatization as a means of improving the quality of public education." She is also interested in studying women prisoners in America. "Women in prison are largely unempowered. They get involved in crime through substance addiction or by participating in crimes with their t University of San Diego Another future project Miller looks forwar to is an academic expedition on a sailboat tracing slave trading routes. She wants to gather archaelogists, lawyers and people from other disciplines to do research in port cities along the African coasts. She believes that this project is at least ten years away, and she is now working on getting a captain's license. In addition to teaching, researching, and writing, Miller is working with both the Graduate Group on Human Rights and Justice in Democracy. Human rights work has long been one of her many interests as she received a Human Rights Fellowship to work in South Africa in the summer of 1986. con law once in awhile." Now, that is exactly what he does (for a little less than half his previous pay.) After almost 40 years at UB Law, the professor sees little change in the student body. "Not in terms of quality. The quality has always been top notch. In 1958 this was just a local school and now it attracts students from all over. I am not convinced that the interests are any different though." As far as plans for the future, Newhouse says, "I plan on staying on here until I can't. Outside of law school, the professor spends time sculpting, sailing, scuba diving, swimming, and playing racquetball. Since her arrival in Buffalo four months ago, she has found the Buffalo community to be "inspiring, welcoming and nurturing. It took me six years in Miami to build a I focus onthings day to day. I'll worryabout community, but people are veryresponsive tomorrow when it gets here. I don't see to community in Buffalo." myself doing anything different. I have my As for UB Law, "I knew that Buffalo hands full now just trying to keep up with was the place for me. After talking with what I have got." Nancy Staudt, Isabel Marcus, Guyora Professor Newhouse is here for his Binder, Lucinda Finley, and Stephanie students, an idea that seems to be getting Phillips, I was impressed with the diversity lost somewhere in today's academic enviof their interests and with the fact that they ronment. In the face of this comment, he could do such different things and like each simply replies, "the door is always open." other. That was real encouraging." This is what drives him. This is what he does. Join the Opinion Master of Laws IN Taxation Master of Laws IN InternationalLaw Master of Laws General (concentrations in Business, Corporate, Environmental, and Criminal Law) For further information: LL.M. Program University ofSan Diego School of Law 5998 Alcala Park San Diego, CA 92110 (619) 260-4596 Be published, make your parents proud I Drop a note in Box 640, call 645 2147, stop by room 724, or e-mail sschi@acsu.buffalo.edu �O THE PINION THEDOCMra 1995 1 Good luck on Finals! Happy Holidays! Next regular issue of The Opinion: February' 96! + HOLIDAYSALE! UB Law School Bookstore Get your holiday gifts for less! RE: SBA COURSE & PROFESSOR EVALUATIONS TShirts Boxer Shorts Coffee Mugs A This week, course evaluations have been distributedin most second andthirdyear classes. Your reSpOnSe tO these qUeSltOnnaireS iS VERY impOr. r~ ». you have missed a class (or classes) this tant. If week and were not able tofill out a formfor any one of your classes, please pick one up outside of the SBA office and return it to 80x#670, or to the SBA j*ri office. i x 4 * WeatSltlltS & MORE The Bookstore is open until December 7, so hurry! HOURS: M&W 11:00-3:00, TU&TH 10:00-2:00 \\ %, r- ™ { — : \ FOUND! I Thank you for your cooperation. ~ \ k . An Ireland sweatshirt found in Room 209.... See O. Zeve, Room 711. \^ M Jm ■''■■im PersimaLs art FREEH! Place yourpersonals in box # 640 and we will print it. �12 THE OPINION ADVERTISEMENT December 6, 1995 "Good Luck with Final Exams" For more than 25 years, BAR/BRI has guided over 500,000 students through law school and the bar exam! BAR REVIEW TM Let the POWER OF EXPERIENCE work for you 1-800-472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1995-12-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 6 06.12.1995 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/6/1995 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62585d07481dddff926a77ad5f3e5f00.pdf 24255add7ebdc61352d2fdfcb5a6ecbf PDF Text Text J NEWS The Barrister's Ball See page 3 I OP\ED Out with the Old, in with the New. See Follies and Fumbles, page 4 I I Bummer, but who gets the Brinf>iii!i the issues to the students since 1949 THE OPINION Volume 36, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW The Age of Co-operation Student groups establish Public Interest Co-op by Sam Chi, Editor-in-Chief Inaremarkablyboldmove, the Student Bar Association voted to establish the Buffalo Public Interest Law Cooperative. Student groups, in partnership with the SBA and Buffalo Public Interest Law Program, are now able to fund summer fellowships under the Co-op. Law students participating in the program would receive as much as $2,000 for working in the public interest. The Co-op is the brainchild of 2L's Leslie Platt and Martha Ehman. Platt, who is the President of the Buffalo Public Interest Law Program, saidthat she and Ehman were "concerned about the lack of cohesion in the law school between public inter- est groups." Platt will serve as the Co-op's coordinator. Participating student groups start the ball rolling by first raising $500. For every dollar the group raises, the SBA and BPILP will each contribute 50 cents. Thus, a group raising $1,000 will receive an additional $1,000 from BPILP and the SBA. The fellowships will be capped at $2,000. Participating student groups will establish the guidelines for their summer fellowship. The groups would then submit the proposal to BPILP. After it approves the Greetings from Happy Hour proposal, BPILP will present the fellow proposal before the SBA. Essentially, BPILP will serve as the liaison between the SBA and the studen group interested in funding. The Co-op would consolidate the Law School's public interest fellowships under one umbrella. But the program's noble purpose was not enough to stave off criticism ofit within the SBA. Various members were concernec about the cost of the program, which couk drainthe SBA coffersofupwards of $ 10,000 if many groups participate. Ehman ad dressed the financial concern when she said, "It is not likely thatthere wouk run on the SBA for money." Platt stressed that the summe pends did not amount to much money. "A lot ofpeople are making more than this, this is essentially for people to eat -- rice." In support of the measure, 3L Director Dan Werner noted that as attorneys w are bound by an ethical commit ment to serve in the public interest 3LDirector Sandy Fazili notec that he didn't "know ifwe are able t bind the SBA for the money for th future." AALSA, BLSA, LALSA. and NAALSA hold happy h,>ur at the Maniot tost Friday. For more pktures, seepage 7, U B 2 L Remembered * 1L Director Judy Nocella was troubled by the SBA delegating th responsibility of appropriatin funds. She suggested that inter ested groups should come befor the SBA and "pitch their projects. Although he favored the pro gram, SBA Parliamentarian Pete Thompson was unsure if the delega tion of funding power was consis tent with the SBA Constitution Nevertheless, despite the concern to the contrary, the SBA, with a 13 5 vote, approved of the Co-op. February 14, 1996 %i#4mti< tke s,iime of prwte lkm del Cft Chris cheksa Auclrnt ln tke 5K0N <m oulzl2«Hl,g de V38 sl l_:l3, CKli8 became an ! l>».'«lve memdel ak tde X»<»<»n»i ! lime ! c,'uiici.<o-tV'untl<'cilne ozf l88u«« 8«He<v. Hn6 in ! deeominK 2 member c»t <ne l,.l»v e«Hlnia« detole coming 'o zcnao! 1 pllilmec! ln becc?me <l pulent lu^ l Achievements lielve<i tum lc> lanl! 2 »od »il »n llngcs «lm pln-lice^< >vi«n 3 ! dolose di!> <ie2tk> ?Ke io»>> ok 2 coNe^,^ ! rnQUAk j Iu>x. Kul <7wv> XV45 even mole Sec Dubnde fondly on pa«e? Sheffer named UB's acting V.P. for public service whole spectrum of issues and programs" of his new office. In his new position, Sheffer will oversee the administration of such programs as the Educational Opportunity ÜB. Center (EOC), which offers General Equivalency Diploma Sheffer, who took over the position on Jan. 1, will (GED) courses, as well as classes in English as a Second serve in the position until the return of Muriel D. Moore, Language (ESL); the Educational Opportunity Program who had held the office since its creation in 1993. Moore (EOP), which provides support services for economically has taken a temporary leave ofabsence from UB in order to disadvantaged students; and ÜB's Millard Fillmo're Colserve as interim president of Buffalo State College. lege, which offers numerous classes and degree programs "John's experience at ÜB, around the community and for working adults and non-traditional students. statewide as a former New York state senator will be The office of public service and urban affairs also immensely valuable," said UBPresidentWilliam R. Greiner plays an active role in many UB initiatives that support in a December press release. "We very much appreciate his community, regional and statewide economic developwillingness to take on this important responsibility. We ment. One such initiative was the Governance Conference are fortunate to beable to count on someone of such stature held at UB on Feb. 2. The conference was designed to find and experience to serve in Muriel Moore's stead." ways to improve the efficiency and quality of governance Sheffer, who joinedUB in 1993 as a Senior Fellow in in the region. The participants reported on the various both the School of Law and the School ofArchitecture and governmental structures and delivery mechanisms in the Planning, said, "it's been extraordinarily interesting and community. Various town supervisors, mayors, state senacomplex, in these several weeks, to get up to speed on the tors and assembly members attended the conference. by Evan Baranoff, Senior Editor Law Professor John B. Sheffer, 11, was recently named acting vice president for public service and urban affairs at Inregard to the various projects ofthe office of public service and urban affairs, Sheffer said, "Our goal is to encourage and support public service initiatives in the community every way we can." Although faced with a tight budget, Sheffer said he is "committed to moving the programs and initiatives forward." He added, "Public service is a critically important part of the university in the 1990s and 20th century." While the immediate time demands of adjusting to his new position forced him to cancel the classes he was scheduled to teach this semester, Sheffer said he still intends to teach his Legislative Law & Policy class at the law school in the fall. "Teaching is an important part of my life and I would not like to give it up," he said. Before coming to ÜB, Sheffer served in the New York State Senate for the 60th Senate District from 1989 to 1993 and in the New York State Assembly for the 142nd Assembly District from 1979to 1988. Sheffer, a graduate of Syracuse University Law School, also served as the mayor of the Village of Williamsville in 1977. �2 ADVERTISEMENT THE OPINION PIEPER W V FREE MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE MARCH M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. Sunday, February 11,1996 LIVE LECTURE Fashion Institute of Technology - Amphitheater Main Floor •Enter at 7th Aye. and 27th Street VIDEOTAPE LECTURES Saturday, February 17,1996 Albany Law School Law School Room 17 Buffalo Law School George Washington Hofstra Law School O'Brian Hall Room 212 To be announced (ten.) Law School Room 238 (ten.) VIDEOTAPE LECTURE NYU Law School Saturday, February 24,1996 Vanderbilt Hall - Room 110 (ten.) -- - Mehlman Hall Room 030 Syracuse University Walk-ins are welcome or call 1-800-635-6569 to reserve a seat. Each student that attends will also receive a free 250 page M.P.R.E. Review Book containing text and 150 M.P.R.E. questions. Test Date: Regular Application Deadline: Late Application Deadline: Friday, March 8,1996 February 9, 1996 February 28, 1996 VALENTINE'S DAY SPECIAL FROM PIEPER BAR REVIEW ****IH!S OFFER BEGINS ON MONDAY, FEBRUARY 5, 1996AND ENDS ON FRIDAY, FEBRUARY 16, 1996**** NEW APPLICANTS: REGISTER FOR PIEPER #* RECEIVE $200 OFF (THIS MAKES YOUR COURSE PRICE $1400); -OR- IF YOU HAVE ALREADY REGISTERED: REGISTER ONE FRIEND + WE WILL DEDUCT ANOTHER $100 FROM YOUR BALANCE AND YOUR FRIEND WILL GET THE $200 OFF! Simply return your applications and deposit together and we will credit your respective balances. For more information call 1-800-635-6569 or see your Pieper Reps!!! PIEPER BAR REVIEW If THE EDUCATED CHOICE! j February 114,1996 �NEWS February 14,1996 THEOPINION 3 The Barrister's Ball Gala Event to be held March 1, at the Hilton by Sam Chi, Editor-in-Chief Yes, there will be a Barrister's Ball this year. At its meeting last Tuesday, the Student Bar Association voted to approve funds for the ball over the objections of some 3L Class Representatives. At the heart ofthe debate was whether or not the SBA should subsidize tickets for the annual gala. Initially, 2L Directors Prudence Fung and Bari Levant, who are members of the SBA's Barrister's Ball Committee, suggested the SBA fund $12 from the first 244 tickets sold. Under this proposal, the tickets, which would cost $32 without the subsidy, would remain at last year's price of $20. The subsidy would cost the SBA roughly $3,000. 3L Director Dan Werner was the first ball. Citing cuts in the SUNY budgets, Werner recommended the SBA not provide any money. "[lt's] incredibly decadent. It's like a high school prom. I'm going to oppose any expenditures on the ball for that reason." 3L Directors Sara Hemmeter and to voice opposition to the JoAnne Howlet also balked at the cost. Both contended that the subsidy was a little excessive. "If people want to get together that is fine, but I wonder what we stand for. Are we supposed to be the ABA? The SBA should think about the diverse needs of students." Howlet said. But the ball also had its defenders. Fung noted that she and Levant worked hard to cut the costs of the ball. She said Barbri would pay for the cost ofthe invitations and theDJ. "I met people I had never met before," SBAParliamentarian Peter Thompson said. I met a lot ofolder people there who seemed to have a good time. We have the money. We might as well spend it on something, and it's something a large constituency wants." tough topic The Domestic Violence Task Force - forcement before a battered woman will leave her abuser. (DVTF) is branching out to help neighbor communities deal with domestic vio- Niagara County Domestic Violence Intervention Program director Lee Joly advised students to remain positive in light As part of an effort to establish the ofthose statistics and hope that each intergara County Family CourtProject, about vention might be the one that convinces a 20 DVTF members attended a domestic woman to leave. Ron Stanish, from the Niagara County violence training session held on Friday, Feb. 9, at the Niagara County courthouse. Probation Department, alerted the student At the training session, Niagara County olunteers that workers in the Niagara officials and area resource administrators County family court system had become a addressed how these students can use the )it jaded in their struggle to address the the family court system to assist victims of omestic violence problem. Stanish said domestic violence. that the Task Force's efLocal YWCA repreorts to help out are wellsentative Laurie Watson medand much-needed. reminded students that Niagara County ...the Task amily Court official their role as an advocate Force's efforts to for abused women is cruill McCarthy explained ie cial, especially in the help out are wellt family court proceure to the audience. courtroom. She pointed timed and muchout that domestic violence McCarthy emphasized needed. victims tend to "freeze the jurisdictional limits ;if family court, which up" when they have to tes-Robert Stan ish I tify in front of the family court judge and that having someone there to rev_ mind them of what they need to say in court is critical and has lasting legal significance. When Suzanne Tomkins, director of theFamily Violence Clinic at ÜB, addressed the DVTF members at the training session, she highlighted the importance of their assistance. Tomkins quoted United States Attorney General's Office figures that approximately 40 percent of adult intimate relationships are abusive in some respect. Tomkins also reminded students that it may take eight or nine interventions by law en- Happy Valentines Day 1 I another law student," said Howlet. 2L Director Julie Rosenberg said, "I have a problem with people outside the law school getting subsidized tickets." 1L Director members pointed out that the last year's SBA also paid about $700 for additional expenses. 2L Representative Craig HurleyLeslie suggested a compromise. "Let's find a reasonable middle ground," HurleyLeslie said. "Part ofmy mission is to serve the whole school, and people want this." Shantelle Hughes shared her view. "We should be subsidizing students," Hughes The conciliatory attitude seemed to be infectious. Werner backed off his no stance and proposed the SBA put up money $5 per ticket. However, the honeymoon did not last. The setting aside of 52 subsidized 1L Director Greg Mattacola speaking was a good tickets for nonstudents also proved controin favor of the event, said it all the law students to get versial. The non-law-student subsidized opportunity for of together. "I think it is a good thing, I don't tickets, available on a first come, first served think there isthat much interaction between basis, were designed to accommodate the the classes," Mattacola said. spouses of married law students. Other SBA members did feel that $12 The proposal irked some SBA memper person was a little excessive. SBA bers. "So a spouse gets subsidized before DVTF tackles by Michael Chase, Features Editor Treasurer Mercedes Lindao noted that "$ 12 [per person] is a little steep." Lindao said the SBA contributed only $2,000 toward defraying the ticket costs last year. Other J may only intervene where there is a blood relationship (e.g. parentchild), a marital relationship (former/current spouse), or where the abuser has a child in common with the DVTF coordinator Hooper finished the training session by addressing the Niagara County officials and Task Force members. Hooper told the audience about DVTF's fundraising efforts to provide a paid internship for students interested in summer positions at the Niagara County Family Court Project. A permanent office for the Project has been established in the Niagara County courthouse. Beginning this this week, UB Law students will help the Niagara County Probation Department take in victims of domestic violence and process their petitions for protection orders. DVTF coordinators Caroline Hooper, 2L,and Kristina Karle, 2L, said they hope to have at least two law students at the office, located approximately 20 miles north of Buffalo in Lockport, for three to four days For information about the Domestic ViolenceTask Force, stop by their office in Room 604 or drop a note in Box 698. said. Eventually the body settled on a $10 subsidy for the 52 nonstudent reserved tickets, the same subsidy approved for the law student tickets. The resulting 13-5 vote approved roughly $2500 for the ball. The $22 subsidized ticket price represents a 10 percent increase from last year's ticket price. Levant said she was "glad we're having the Barrister's Ball." But she added, "I think the SBA could have spent the $12 per person to keep the cost the same as it was last year." The Barrister's Ball will be held at the Buffalo Hilton on Friday, March 1. 244 tickets will be available for $22. After the first 244 are sold, tickets will be $32. The ticket price includes a 3-hour open bar, dinner, and dancing. Dubrule fondly remembered, I coHti-I >ed from page I Those ofus who were fortunate enough to have Chrh as our friend w ill remember biro as a 00-bullsbit kind of guy wbo was unafraid to speak his mind. When Chris did .speak, hi* gravelly voiceand unwaveringpr n»atismeniici«dbothour , classes .'tndour lives. As a semi-neurotk rlrst-year law stm: t, I marveled at Chris abiltty to keepau even keel white the rest of us worried inctv ,;tly about our grades, wr summer jobs and our future careers. He never lost sight of the fact that life is about more than just accumulating Hs or making partner. It Is hard to believe that Chris, of all people, is i will remember Chris tor the w&y in \vhich he Jive<i hi* Ufe. Aitfaougb c:iuis worked hard for his accomplishments, he was never too busy to savor lire orspendtime wtth his trtends end loved ones VI biK- roanj <»t us .spent Uμ summer w. 01 kmg, Ctetj« chose totike one last summer off before joiningus on the career treadmill. Chmspen! that summet fishing and cruising the local \saterwa>-s in his boat 1 can imagine him tntte, before be shaved his beard, smoking and Hshing aod having a coJd beer while we labored ov<t documents which have long since blurred into one another in our memories. In retrospect, 1 doubt Chris would cv« have willingly joined us on our career treadmills. I believe he would have forced his ownpath and succeeded beyond our wildest expectations. Saying goodbye to Chris w»ll be difficult. We will ml*>. Inshumoi. his.sage ad\ice. and above , all his friendshtp. Toe memories which we carry with us cannot replace Chris p)ace in our lives, bat they can temind us not to neglect the time we bave to live. As winter tomes to an endand .spring revives the natural worldaround as, we can carry these memories forward into the res* of our lives. Most ol all. we can honor Cbris by savoring the sights, sounds and colors ofspring and by forgetting, for a short while, the pursuit of a law degree that now seems strangely insignificant. Goodbye my friend you will be missed. EDITOR'S NOTE: Tbe S.BA. has established afund to help Mar}'»ith her expenses and, potentially, to start a scholarship fuud io Chris' oaow. To contribute to this fund, please make donations to the S.B.A. Treasurer, Mercedes - Lindao, Jessup Moot Court Tournament Twelve schools from New York, Massacbussdia, :w<j Ohio. wiJl compete a< UB law this weekend in the " 1V9o Noith Eastern Philip C Jessup Moot Court Competition." The topic revolves around teriorism and the theft of an encrypted database. PattJcidjKs will be judged by the UN Ambassador Irora Ghaaa. as well i»s international law practitioners. Federal i3»d State Court judges and UB law professors Winners of thw competition have the chance to vie foi a tutiotial title which could launch tbem into the intermaional competition arena. Rounds will be heJdoo Saturday and Suovfeiy at the Erie County CotMt H<:»use on 92 Frankin Streei m Downtown Buffalo :■:■:■:■:■:■:■:■:■:■:■:. " ■ " :■:■:■:■:■:■:■:■:■:■:■:■: UB Law hosts Death Penalty Dialog On March 2. VB law will be the site of a national conference called "The New York Death Penalty in Context." The purpose of the conference is to stimulat? dialogabout the issues surrounding the death peti.ni Eleven nationally known capital punishment experts will convene at VB 10-speak on topics dealing with the structure and future impact ofthe death penalty, Implementation ol the Ijw. jumr behavior in capital punishment cases, and the problem of wrongful execution. The conference in the product of the coopetative efforts between Uβ law professor Markus Duhbtr and the Buffalo Law Review Editor-In-Chief lim Grahle l.,nw students are encouraged to attend, 4»d can do s»> for free. If >\hi want to attend, pleas*. >f office #615 by February 19. �EDITORIAL THEOPINION 4 OPINION gH Founded 1949 vi -7 Volume 36, No. 7 »/i Samuel S. Chi February 14,1996 . ~ „_, February 14,1996 Steven Bachman Dietz Managing Editor Editor-in-Chief EDITORIAL: Two Cheers for the SBA In its last meeting, the SBA has showed itself to be a body that can take a stand and provide the visionary leadership this law school needs. In what was perhaps the most concise, and arguably the best SBA meeting in a long time, the body exercised good judgment by passing two issues with positive implications for the students of UB Law. By establishing the Buffalo Public Interest Law Cooperative, the SBA has taken a giant leap forward. The move shows foresight and courage. It shows that the students of UB Law stand behind their reputation as a public interest law school. It shows that we care about making the lives of those around us better and more enriched. Moreover, we are willing to put our money where our mouth is. The Co-op is an innovative partnership between the Buffalo Public Interest Law Program, the SBA, and other student organizations. In a time of withering funding for public interest law organizations, the Co-op mission is all the more crucial. By coming together and pooling their money, the organizations are able to fund more fellowships and thereby touch the lives of more people. It is the synergy yielded from the cooperative leveraging of funds that gives this program its unique value. On a different note, the Barrister's Ball has helped to make our law school a livelier place. By choosing to continue this popular event, the SBA was commendably amenable to the wishes and desires of many students. Some grumbled about the expense, but the opportunity to get to know and network with other law students makes Barrister's Ball an appropriate way to spend our student activity dollars. Others ridiculed it at as nothing more than a high school prom, but the Barrister's Ball is much more. It is a significant departure from the typical SBA social event. Although cavorting in a smoky bar has its attractions, it just doesn't have the charm or simple pleasure of getting dressed up to have a good time. The Barrister's Ball represents an escape from the drudgery of the quotidian routines that is law school. Itismorethanjustaparty. It is a night to enjoy the splendor that can be UB Law. STAFF Deshikaßotejue Jessica Murphy Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Mike Chase David Leone Len Opanashuk Assistant editors:Features: David Fitch, Dan Killelea; News: JulieMeyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoi't and Peter Zummo. Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-ownedand run publication funded by theSBA from student law fees The Opinion. SUNYAi Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State University of New York at Buffalo School of Law. Copyright 1995 by The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be.sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 724 O'Brian Hall), or placed in Box #10 or#2Bo on the third floor ol'O'Brian Hall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect). Letters are best when written as a partof adialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics of interest to Ihe law school community and must he no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for linelous content. The Opinion will not publish unsigned submissions. We will return your disks to yourcampus mailbox or to a private mailbox if a self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Stall" of The Opinion. "Congress shall make no taw abridging Ihe freedom ofspeech, or ofthe press;..." .. Opanshuk Len by Graphic Follies and Fumbles Greg Mattacola Columnist The year that was Welcome back, my friends, to the willbe assolidas New YorkState's. Isn't show that never ends! So glad you could that a lovely thought? attend, step inside, step inside! And so it CHEERS! To Monica Seles. I begins. A new year. A new semester. don't follow tennis very much, I don't Fresh beginnings. A clean slate. Not so particularly like the sport. But this lady fast. As any selfrespecting exorcistknows, is tough, that I like. In an age where before you start anew, you must first bancomebacks are becoming a yawn, you ish the demons and specters that may still have to tip your hat to Monica. This is be lingering behind. So before I can start someone who was stabbed while pera new column in this new year about fresh forming her love. She could have been topics, we must honor, or dishonor, the killed. At the very least, it should have happenings of 1995. Most newspapers ended her career; if not because ofphysirun a column like this one on December cal problems then mental. But it didn't. 31, but whoever said we fall under the After a two year layoff, she won the classification of most newspapers? Canadian Open, almost snagged the U.S. CHEERS! To Baltimore Ironman Open andjust won the Australian Open. I Cal Ripken Jr. In a year when baseball could name quite a few professional footneeded a hero like never before, Cal came ball players who should take a toughness through in the clutch like he has done so lesson from Seles. many, many timesbefore. The living symbol of everything right with sports broke JEERS! To House Speaker Newt Lou Gehrig's record by playing in his Gingrich. Why? Just because he's 2,1315t consecutive game. And he did it Newt. By the way, do you know the in his normal stunning fashion, hitting a difference between God and Newt homer to help the Orioles win. Cal, you Gingrich. God knows he's not Newt rock. Gingrich. JEERS! To Shannon Faulkner Who? You remember her, the young lady CHEERS? JEERS? I don't know who attempted to become thefirst woman whether to salute this memorable act of in The Citadel. I was all for the idea and 1995 or to slam it. It has nothing to do rooted for her to succeed, but come on with politics but it is the world's oldest now! When you beg the coach all season profession. All I do know, is when I to put you in the game, you had better asked my usual sounding boards about perform when you get your shot. When their most significant memory of the you wage a legal battle to break a gender past year, this was consistently the first barrier, you had better be prepared when thing mentioned. It's actually a pretty the opportunity arises. Ms. Faulkner, on said state of affairs that this is what we the other hand, bowed out after a week.. remember but why fight it? Here's to Go hard or don't go at all. HUGH GRANT for taking part in the To the and most famous fellatio ever! Hugh's the U.S. Congress JEERS! President Clinton. Look folks, it's the only guy around who can take part in a Federal Government. It's open! It's little vehicular horseplay with a Divine closed! It's open! It's closed! Are you hooker and still keep a supermodel as a kiddingus? Apparently, these people never girlfriend. Fellas, don't try that at home. took Balancing Your Checkbook 101. Hugh is a trained professional, he lies for When you take money out, you have to put a living. You and I could never get away money in. That's called balance. At this with it so throw away that road map of rate, ,our beloved country's credit rating Hollywood Boulevard. �OP/ED February 14,1996 THEOPINION Thanks for the course evaluations My argument with the CLS To the Editor: natural environment. Indeed, the preservation of a free market was and still is per- Some decades ago, it became impolitic, nay even suicidal, for a public servant to be known as a liberal. I will have to say, then, from the beginning, that my problem with ÜB's Christian Legal Society is that, like most Christian fellowships around the world, this organization is just too conservative, politically, for my taste. There I admit to a prejudice. I simply do not understand a Christianity which maintains that national health care is somehow ungodly; that the solution to the drug epidemic is the building of prisons; that the denial of public assistance to young mothers and children promotes family values; and that abortion is always wrong while defense spending is always right. I cannot comprehend a Christianity which, all through the 1970s and 1980s, tacitly, if not openly, supported the apartheid regime in South Africa; which is, by and large, silent about America's racial problems and which, more often than not, vilifies Jews and Judaism. As copy space is limited, I would like to address only one tenet apparently held dear by the ChristianLegal Society. This is the belief that the manipulation ofcapital to generate more capital, regardless of ethics, pride-in-craft, reciprocity or human needs, is God's own system for distributing the earth's finite resources to its inhabitants. There is nothing in either the Old or New Testaments, nor in any of the world's religious texts, which even remotely supports the view that the accumulation of wealth at someone else's expense has the blessing of God or that the market is a sacrosanct creation of God's which must be allowed to operate wholly unfettered. The market, according to this type of theology, is more sacred thanis human and animal life and the - To (he Editor: ceived to be something for which people must fight, kill and die. No one ever needed to kill or die to preserve a theory of economics. Capitalism, simply, is a fact oflife. Even during the Cold War, there was never any danger that capitalism would disappear from the face of the earth; on the contrary. What is theoretical, however, is the supposition that unbridled capitalism is the economic system best suited to the needs of humankind. Economists and lay people will differ, still there is nothing even vaguely Christian or even spiritual about capitalism and its attributes. Like evolution, the beneficent market is a theory, nothing more. A theory, moreover, based on scarcity, not on the abundance envisioned in the Gospels, in the Torahand in, I would imagine, all the world's religious teachings. For the whole ofthe Law, standing on one leg, is cooperation, not competition nor coercion. _ 5 Robert L. O'Brian, 3L I just want to take this opportunity to thank everyone for helping me with the course evaluations last semester. First of all, I would like to thank those who helped administer the evaluations to the classes. I know it was a hassle, especially during the last week of classes. Secondly, I want to thank all the professors who cooperated with the administration of these surveys. Hopefully, it was not too disruptive. Thirdly, I want to thank those who took the time to complete the surveys. The contributions were greatly appreciated. I realize that evaluations were not administered to all second and third year courses last semester. This was due either to the last minute nature of the surveys or the inability to find someone to hand out the evaluations. If anyone missed a class the week the surveys were administered for a particular class, or if a class did not receive the survey, I would appreciate it if these parties would go to the SBA office, pick up blank forms and return them to the office. It would only take a few minutes and the input will be very helpful. Hopefully, all courses can be evaluated this semester with everyone's help. I will be conducting the evaluations again sometime during the middle of this semester so that the results can be published in time for Fall '96 regis- tration. Thanks again to everyone for their cooperation. Prudence Fung 2nd Year Class Director & Course Evaluation Committee Chair SBA Tell us your opinion! Jf you have an opinion on anything published in nur newspaper or on any omen* topic that concerns the law school community, write Th,e QfllnifflV Letters to the editor are best when written as a part of a dialogue and must not be longer th;»n two pages double-spaced Perspectives arc generally opinion articles concerning topics of interest to the law school community and must not be longer than ;:el|:i;||iS^ ■ All submissions are due the Friday before we publish Your submission must be typed, doubltxkspaced. and submitted on paper and on a computer disk (.IBM:■ ■ Opioion The reserves the right to edit any and all submissions tot space as and also for libelous content; we will not publish any unsigned .submissions. necessary events • •■ '- ' -K..J >Mt.; "' ~'ibfliiN iw.u l']>::u .!i <lv cnr place then i- '>< it ■< W BAR/BRI [?JBRAIN BUSTERS™ "Just for the fun ofit!" NEW FOR 1996! h\ new mind /*— >ss«n} BENDING <sfl EACHWEEK TAKE THE CHALLENGE if you DARE J ' c A ALL ARE invited to PARTICIPATE c ccc ccc §Ho §ck ®® JL /^ \y ' CAN YOU GUESS THE PHRASES? DISTRIBUTED EACHWEEK BASED ON A RANDOM DRAWING OF correct RESPONSES BAR REVIEW To learn the answers & receive the next Brain Buster, stop by the BAR/BRI table. - �FEATURES THEOPINION 6 February 14,1996 This diamond ring doesn't shine for me anymore A brief history of "engagement ring law" for prospective fiances By Mike Chase, Features Editor pected, Ms. Cohen found out, and "repudiated the agreement [to marry him] upon discovery" of his lie. Plus, Miss you've given her two months of your Cohen decided to keep his engagesalary in exchange tor the rest of her ment ring. The First Department dislife. Months, weeks, or days go by and cussed at length poor Mr. Beck's right you both reconsider. Do you ask for to get his ring back, but allowed her the ring back? counterclaim (for damages!) for fraud Heck, we're lawyers! What you for Mr. Beck's "deceit as to his financial worth." Significantly, however, want to know is, are you legally ento it? the court found Mr. Beck's entitletitled true ment to be well-settled and rested on As is with every other probthat we cases lem face in our lives, the law dating back 400 years. has given us a solution. In fact, it has A year later, in Wilson v. Riggs. given us many. What follows is a briet 243 A.D. 33 (Ist Dept. 1934), ajfd 267 N.Y. 570 (1935), the First Dehistory of engagement ring law. By the way, if you are ever bored partment further defended the right of and want to read some of the most a man to recover his ring, concluding colorful language ever used by judges in their usual clear and concise way, (or their clerks), hunt down and read "[i]ntheordinarycoursewhen an agreesome of these opinions. Example: ment of engagement of marriage is "There is no rescinded by question the at- £ "When the burning blue white mutual conflames ofromance died out, all sent, this remosphere was that was left was the blue white scission has festive and a reference to marriage apdiamond. The defendant does peared on the not wish to keep plaintiff's hand, that agreement alone horizon. But \ but she does wish to keep his and cannot be during their said to comjourney of love j ring on herfinger." to the altar, the I •Judge Sidney A seh wise an abroprimrose path gation of the of this blissful pair detoured to a deadcondition attaching to all antenuptial end. The romance and engagement gifts, namely, that if the agreement of dissipated, and now painful allegations engagement is abrogated, all such gifts of fault are hurled at one another." would be returned." The Court of Friedman v. Geller. 82 Misc.2d 291 Appeals couldn't argue with that, and the decision. (Civ. Ct. Kings Cty. 1975) (Judge Salvatore T. DeMatteo presiding). By that point, New York voters Our story begins more than 60 enough of snubbedsuitors asking their rings back, so that year the years ago in the capital of romance, New York City. In Beck v. Cohen. 237 state legislature intervened and the A.D.729(lstDept. 1933),Irving Beck "Heart Balm" Act waspassed intolaw. ingeniously wooed Miss Jean Cohen This statute cut offall rights to recovto marry him by telling her that he was ery ofthe engagement ring, as well as investor-type when, in fact, he any other giftsgiven in contemplation no money in the bank. As ex- of marriage. : ' - §rmed Kch The Studentßar Association announces fte 1996Barrister'sBall FEATURES Friday, March 1,1996 7pm TheßuffaloHilton Tickets goon sale Wednesday, February 14,1996 at the UB Ticket Office in the StudentUnion Tickets - $22.00 perperson » Naturally, re were few gagement cases after 1935. In one case, though, ring Domagalski. 191 Misc. 365 Kings Cty.1948), Judge Benjamin begrudgingly allowed a jury verdict returning a ring to a jilted gent despite the new law. "Grave doubt exists as to this should have been K;ther mitted the jury..." noted Judge case to Benjamin. "The finding of the jury, while not necessarily one which the Court would have arrived at on the facts of this case, is sufficiently supby the evidence." This case was an anomaly, though, and for 30 years, without a way to recover their precious stones, men risked more than rejection when proposing to their sweethearts. Eventually, the 1960s came and so did the sexual revolution. Disgruntled brides-to-be everywhere were "YOU CAN TAKE YOUR [RING BACK! "And so the law changed. Section 80-b of the Civil Rights Law of New York was enacted September 1, 1965, and reinstituted the cause of action for "recovery of property transferred in contemplation of marriage." This statute was first addressed in Goldstein v. Rosenthal. 56 Misc.2d 311 (Civ. Ct. - Bronx Cty. 1968). In Goldstein, the prospective bride cut off the engagement, and the ex-groom brought suit to recover the ring. As Judge Sidney H. Asch poetically penned, "[w]hen the burning blue white flames of romance died out, all that was left was the blue white diamond. The defendant does not wish to keep plaintiff' s hand, but she doeswish to keep his ring on her finger. In the words ofthe popular song:' She took it off her finger, now it doesn't mean a thing.'" Mr. Goldstein won under the rrted King, new statute. Two years later, the Court of Aphanded down a landmark decion that would serve to confuse an issue which our legislature had finally cleared up. In Lowe v. Ouinn. 27 N.Y.2d 397 (1971), a married man waiting for his divorce to be finalized proposed to his new love interest and gave her a $60,000 engagement ring. A month later, Ms. Quinn had second thoughts, and called off the engagement. When asked for the ring back, she told Mr. Lowe to talk to her lawyer. His ensuing lawsuit failed because their agreement to marry was void as against public policy due to his S;als preceding marriage. The "Lowe bar" - the rule preventing recovery when one ofthe par- - ties is married was not very popula It was not applied in Shoenfeld Fontek. 67 Misc.2d 481 (Sup. Ct. Nassau Cty. 1971), where the done of the ring was married unbeknowa to the donor. The court saw in Lowe tool for con artists and allowed recov cry of the ring. More recently, tl court in Witkowski v. Blaskiewicz. 162 Misc.2d 66 (Civ. Ct. Queens Cty. 1994), let a man have his ring - back even though he knew his fiance was married, contrary to Lowe. (And that ring was only worth $6,500.) Last year, however, the Second Department dealt theLowe blow (I'm sorry) to Howard Leemon, who was still married when he proposed and gave his lucky lady a ring. Leemon v. Wicke. 1995 N. Y. App. Div. LEXIS 6003 (2d Dept. 1995). Apparently, there are a number of people who, after suffering through one failed marriage, can't wait to jump into another one just to have it fizzle before reaching the altar. The easy lesson: wait until you get that divorce decree. This is how the law stands at this point, If you buy the ring.but your intendedhas a change of heart, you can probably get your ring back. Also, if the decision is mutual, you can probably get your ring back. However, if you get cold feet, you may lose the ring forever. Lewis v. Permut. 66 Misc.2d 127 (Civ. Ct. Queens Cty. 1971); Cohen v. Bavside Fed. Say. & Loan Assn.. 62 Misc.2d 738 (Sup. Ct. Queens Cty. 1970). More frightening to some men might be the ruling that if the prospective groom passes on before the wedding, his "widow"keeps the ring. This was the result in Cohen. There, Judge Harold Tessler, presumably after an extensive and fruitless search through engagement ring law, ranted: While the engagement ring to some people in the "mod" world of today is just another material pos- - - session and while it has not been unknown in some circles for recipients of these rings to flaunt them, to compare their luster, number of carats, etc., with the rings oftheirfriends, for the vast majority the ring still remains a hallowed symbol of love and devotion that a prospective husband and wife bear for each other. SUMMER LAW STUDY in Barcelona Dublin Florence London Oxford Paris San Diego IfiJ) UnivsreiLy of <san Dicgp FOREIGN LAW PROGRAMS SCHOOL OF LAW 5998 Alcala Park San Diego, CA 92110-2492 e-mail: cking@usdlaw.acusd.edu fax: 619/260-2230 URL; http://192.215.86.80r http://www.acusd.edu/OnCampus �February 14,1996 THE OPINION FEATURES 7 Moot Column The Criminal Law Society Presents by Dan Killelea, Asst. Features Editor Survival Skills State Supreme Court Judge Barbara Howe "Alternatives to Incarceration" Through the static coming over comes to rest once more alongmy short-wave streams the National side the box. Weather Service's slow, droning My gaze is still fixed report. It comes like the snow, with somewhere in space as my fina rhythm and a pace to lull me into a gers slowly awaken; I feel the state of semi-sleep, wherein even tingle ofblood as it flows again. my deliberate attempt to grasp at Without thought, I reach into information slides me back into the the box. Crust on each digit breaks away as I open and close hypnotic bliss. Somehow the current temperathem on the object of my need. ture floats to the surface, and in a Slowly, like a monstrous pymoment ofclarity my eyes focus on thon devouring a pig, I begin the theradio's exposed speaker cone. A consumption of my eighth Tim "two de- Horton's doughnut. connection is made It is the urgent need of cargrees." As the words echo into the bohydrates whichdrives me, and folds and empty spaces of my brain, it is here, in my third Double I feel the sofa absorb still more of Chocolate Glazed, that I again me. The cushions by now form a V, find gold. With each swallow I and I am nestled as if on the back of feel new fat cells blooming on some great bird soaring in flight. my gut, pushing me closer and closer to safety from the ravMy handfalls limply down the slopingfabric of this deepening nest and ages of winter. . February 27, 1996 7 pm O'Brian 109 More Photos from the Happy Hour .. With my free hand I grasp the Budweiser 40-ounce wedged between the cushions beside me. I shake it to give the warm, watery liquid some semblance of carbonation, and suck in enough Bud to softenand swallowthe half-doughnut now clogging my mouth. As it slides into my throat, I push the rest of the stale ring past my lips and soak it with another quick slug. Holding the bottle to the light of my digital clock, I see bloated bits of Tim Horton goodness floating about. Two strong swallows and they are gone the bottle is dry. As I roll it against the other empties littering the floor, I realize one universal truth winter break beats the hell out of going to class. - - Correction! In our Dec. 6, 1995issue, a story identified 2L class director Prudence Fung as a Director of the Jessup Moot Court Board. While Ms. Fung is on that board, she is not a director, as was reported. She did not vote in the proposition before the SBA concerning funding for the Jessup Moot Court Board. BLACK LAW STUDENTS ASSOCIATION OF UB LAW SCHOOL PRESENTS ABOVE: Snve Berman, 2L. Flora Chun, 2L. andßoxanne Williams, 21. A CELEBRATION OF BLACK HISTORY MONTH LAW FORUM: "A Question on Affirmative Action." PANEL ON AFFIRMATIVE ACTION: 1. 2. 3. 4. Judge Robert Russell Judge Shirley Troutman Judge Jeanette Ogden Crystal Peoples. Erie County Leg. DATE: February 22. 1996 TIME: f.OO P.M. PLACE: (IB) State University at Buffalo. ROOM: UM O'Brian - - For Further Information please call (716) 837 7845 or 645 2143 ABOVE: Elvitt Mercado. 11... Alfredo Acevedo, 2L, Jettnette Casthegrtttta, 11., Sylvia Valentin, 2L, andKaren Scalley, IL �THE OPINION 8 SCHBOALARR/IIP* ADVERTISEMENT February 14,1996 BAR REVIEW M H ■ y QH n ■ U QD fl Q H ■ U m ■■ Q ■ ATTENTION 1996 GRADS WE HAVE ALREADY AWARDED MORE THAN $200,000 OF THE $250,000 IN OUR SCHOLARSHIP FUND. DUE TO THIS OVERWHELMING RESPONSE, WE HAVE ALLOCATED EVEN MORE MONEY. WE WILLRE ACCEPTING NEW APPLICATIONS THROUGH MARCH 31,1006. WE WILL BE AWARDING SCHOLARSHIPS IN VARYING AMOUNTS UP TO $500 EACH TOWARD YOUR RAR/RRI BAR REVIEW TUITION. YOU NEED NOT RE ENROLLED TO APPLYI APPLICATION INFORMATION: Applications may be obtained at the BAR/BRI display table, from a BAR/BRI representative or by contacting the BAR/BRI office at (800)472-8899. Q QH FJH ■ U □ H M H ■ U U U W U M ■ y ■ ■J Scholarship applications will be reviewed and awards accepted on a first-come first-served basis, until the funds are depleted. Q H y n These scholarships will be honored in CT. ME. MA. NH. NJ. NY. PA. Rl, VT. VA and DC ■ M ■ y W m � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-02-14 Alternative Title An alternative name for the resource. 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Bringing the issues to the students since 1949 THE OPINION Volume 36, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 28, 1996 Keeping the Masses Divided BLSA holds a forum on by Maria Pilaroscia, Reporter In recognition of Black History Month, the Black Law Students Association presented a forum entitled "A Question on Affirmative Action" on Thursday, February 21 at 6pm. lLs Shantelle Hughes, Nicole Fox and Ayoka Tucker opened the forum with a powerful recitation of the poem "Jim Crow, The Sequel" by June Jordan. This poem speaks of African-Americans still seeking equality and economicleverage, despite the Emancipation Proclamation, the Civil War and Constitutional amendments. The Honorable Robert Russell of the Buffalo City Court was the first of five guest panelists. He discussed Adarand Constructors v. Pena. 115 S.Ct. 2097 violating the equal protection clause. The Honorable Jeanette Ogden withthe Buffalo City Court discussed the elimination of the Affirmative Action program at the University of California. Currently, California only considers SAT scoresand grades, not race in itsadmissions decisions. Students affirmative action from high schools in predomitributedthis movement to fear that nantly minority neighborhoods are Affirmative Action allows Afriat a disadvantage as their schools can Americans to take all the jobs, lack the resources of schools in and that African Americans use wealthier districts. social proramsto the deprivation Judge Ogden also spoke about of others. She introduced statisthe California legislature's contics disproving thisfear and showsideration of a proposal to elimi- ing that many other groups benefit nate AffirmativeAction programs from Affirmative Action and soin the state government. She at- cial programs. UB Law team takes first place in regional moot court competition needed as the U.S. becomes competitive globally, and that those benefitting from Affirmative Action must work to ensure the program's continuance. Erie County Legislator, Ms. Crystal Peoples next shared her views on Affirmative Action and Erie County's actions on the issue. Peoples believes that Affirmative Action is a "wedge," meaning an issue used to keep the masses divided. Peoples quoted Frederick Douglass, who said that "[t]he limits of tyrants are proscribed by the endurance of those whom they oppress." Peoples stated that Erie County is committed to Affirma- tive Action, and Dennis Gorski recently reaffirmed this commitment. As a part of this program, Erie County has added another staff member to its Equal Opportunity office, as well as set aside ten percent of its budget for contracts with women and minorityowned businesses. Ms. Shirley Sapp-Burgess, Director of Deputy SpeakerArthur Eve's Buffalo Office, was the final panelist. Sapp-Burgess noted (1995), challenging the constitutionality ofAffirmative Action and its effect on minority-owned business. The Court held that all racial classification must be strictly analyzed by the reviewing court. The Honorable Shirley Troutman, also with the Buffalo City Court, spoke about Miller v. Johnson. 115 S.Ct. 2475 (1995). Georgia residents questioned whether redistricting discriminated against minority voters. The petitioners sought an injunction against the further use of new districts in Congressional elections. The Court found that the district in question separated voters by race, Judge Ogden commented that Affirmative Action is especially that African Americans have brought many things to the table, including developing or improvABOVE: THE WINNERS! Craig Brown, 31. Jennifer ftunfoUt, M, and Jim Grabk, U. See story on page X Other moot court news, see page 6. §1111 See Affirmative Action on page 11 SBA hears about PAD financial troubles SBA unable to reach quorum; Treasurer: "We are running on the minimal" by Kristin Greeley, Asst. News Editor TheSBA held an emergency meeting on Thursday, February 22 to discuss the financial situation of the SBA with regard to student groups. Several class directors were unable to attend, as a result quorum was not met. Withou.t quorum, the SBA would not beable to vote on anyof the student groups' requests for funding. It was decided that another meeting would be held the following week in order to discuss these matters further and vote on them. The date and time of that meeting would be decided over the week- end and posted two days before saidthat the group is investigating the meeting date outside of the the matter. Mercedes Lindao, SBA SBA office. treasurer, and Ben Dwyer asked to be included in the investigation. The first major order ofbusiness was the financial status of "We are telling the advertisPhi Alpha Delta Law Fraternity ers that we are having an audit and International ("PAD"). PAD rerequesting copies of cancelled ceived money from the SBA in checks and other records...l talked order to publish its 1994-95 diwith two of the advertisers today rectory. In return for the loan, andboth ofthem seemed surprised PAD agreed toreimburse the SBA that I was calling," Kocialski said. when it received compensation So far, no allegations of misfrom the directory's advertisers. conduct have been made. HowAs of Feb. 22, the SBA was ever, the 1995-96 PAD directory forced to freeze the PAD budget will not be published. The entire to ensure that the loan made last SBA agreed with President George year was reimbursed because the Hamßoussi's statement to supadvertising fees have notbeen paid. port PAD in whatever the PAD Molly Kocialski, PAD President, investigation uncovers. The next major order ofbusiness discussed was the SBA's own financial situation. There were a lot of discrepancies in this year's SBA budget. "A lot ofitems were underbudgeted and only two were overbudgeted. Basically, we are running on the minimal. The only thing the board has to work with is the $5500 lecture budget," said SBA treasurer Mercedes Lindao. The major error was the allotment for the accounting contract, which was only budgeted at about $10,000. Accounting will in fact cost over $16,000, producing a $6200 deficit. Another money drain isthat student groups do not have to pay for copies made on the SBA's copier, this is more costly thanlast year's SBA antici- pated. Past SBA President Ben Dwyer explained that these discrepancies occurred as a result of the budgeting process. "We overestimated the expected revenues. What happened was that cash sales [funds from bake sales, etc.] were double counted. So the estimated budgets for student groups were larger. There is a lot of money tied up. It seems like there is a crisis because money is tied up, See SBA on page 11 �ADVERTISEMENT THEOPINION 2 no inn/: Follies and Fumbles Greg Mattacola Columnist Dead Elephants can't slow down All right then. This column has been around for some time now. The few people who doread it have come to know what to expect. Sports. Politics. Sarcasm. Futile attempts at humor. It isn't too complicated. I'm now going to switch gears somewhat and discuss a new topic. But first, I have to briefly give the Fumbles and Follies faithfuls their fix. Say that five times fast. DEAD ELEPHANTS. I couldn't write this column without a short commentary on the Republican Primaries. I searched for a way to eloquently summarize itthus far, but could not. Yet, the late, great Jerry Garcia had the right words as always. On the subject of voting, Uncle Jerry once said, "constantly choosing the lesser of two evils is still choosing evil." I can't add anything lietter but I will say this; if the Republican voters are dumb enough to nominate Pat Buchanan, then Bill Clinton will win in a landslide. If it is Bob Dole, Clinton still has a great shot at winning, a much better chance than hisrecord deserves. I truly think Lamar Alexander has the best opportunity to beat the President. I'm not even talking about credentials here, I'm referring to personal- season opener, the game when last year's championship banner was hung. It was an honor for a freshman and Roy's wholefamily was there. After Boston led off with a goal, Travis went out for his first shift. Eleven seconds later, on a routine check, he lost his balance and went head first into the boards. The fourth vertebra was shattered and Roy is now paralyzed from the shoul- ity. Like it or not, it wins elections. Dole doesn't have one. Buchanan borrowed Hitler's. Alexander isn't bad. Give it some thought. SLOWDOWN. Now it's time to take it down a couple of notches. One thing that's apparent about law school is the intensity, even in this liberal haven. Upon asking a student whyhe wasn't going to the ders down. When hisfather came out on the Barrister's Ball, I was told thathe has way to ice, Travis said"Dad, I'm in big trouble. I many things to do and fun just isn't one of can't feel anything. But, I made it." them right now. Anyone that knows me can The second story is about a young woman named Heather. I graduated with guess what I think of that, but for the moment, I will not comment. I will just relay her at St. Bonaventure. I served on student two stories, one of which people may know government with her. We hung out with some ofthe same people and enjoyed a few of, the other I'm sure they don't. Travis Roy is a freshman at Boston beers together on a couple of occasions. I University. He was raised in Maine and like just spoke to an old housemate ofmine who many New Englanders, grew up on hockey. told me that Heather recently died from He was a heavily recruited high school cancer. Apparently, she had been suffering senior and chose to go to BU, last year's from it all through college and it finally National Champion. Roy wanted to conovercame her. I never even knew she had tribute instantly to the team. He went to cancer, nor did most people. This was a college months before he could even live in very bright, energetic girl who was always the dorms, rented a room and never left the smiling. She was involved in everything and weight room. His work paid off. He was was always on top of her school work. She awarded the opportunity of dressing for the was the last person you'd think this would happen to. I know what a cliche that sounds like but it's true. What is my point in telling you about Travis and Heather, two people you probably have never heard of and only one of whom I've met? It's not to say that you should be putting forth any less effort in achieving your goals. Everyone has their studies, their moot courts, their law reviews, their clerk jobs, etc. And we all go a little crazy with these things. I'm as guilty as the next person. Why do we do it? Because we all have our dreams and strive to reach them every day. Yet, we have to ease off once in a while. I'm pretty sure Travis Roy would give anything to hit an- other puck, but he can't. Heather left before she got to realize many of her dreams. Heather and Travis felt the same as you and I do every day. 'I have to do this, then this, and oh yeah I can't forget that. Then I can relax.' Yet that time to relax doesn't ever come. You have to take it. It's okay, the work will still be there. It won't ever go away but the good times just might. So call an oldfriend. Go listen to that band. Whatever. Just ease up and look around once in a while. There's a lot to see. Pieper People Pass!!! /Come and see why . / / everybody's Switching , Over to Pieoei !!' \ iii f I I I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \ // } \ Every attorney I've ever met said I must take Pieper to pass the NY Bar \ I / \I \ \ / J Wf"ljNyi Kf/ j \jy J A&l \jf t Dont be left out of the conversation!!! /You passed too? That's greatA j I couldn't have prepared any \ ( >~\ better!!! I'm glad I \switehed to Pieper!!! 4*t GfT) (Of course I passed! Jf- \ ,V J I took PIEPER J couldn't have done VI \\j) [il without them! Find out why everyone's talking about y and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �THE OPINION February 28, 1996 3 Always Darkest Before the Dawn Public interest symposium focuses on job prospects by Steven Bacltmann Dietz, Managing Editor Students 'nterested in public interest law got some needed encouragement at the annual The Public Interest/Public Service Legal Career Symposium at New York University February 15-16. The symposium featured scheduled job,interviews, information tables staffed by public interest organizations and government employers and panels of public interest and government attorneys sharing their experience and giving advice on finding employment. Panelists at the symposium said there are public interest law jobs out there, but you have to be creative and persistent to find them. Some of the panelists emphasized networking. According to Andrew Dwyer, an attorney for Reinhardt & Schachter, New York, N.Y., the public interest bar is a tiny, elite club. "Any jobI've got since I graduated from law school I got because I knew somebody." Dwyer said. Another panelist, Lois Bloom, a 1985 UB Law graduate who works as a clerk in the pro-se office of the U.S. District Court, Southern District of New York, emphasized the importance or letting prospective employers know about the virtues of your law school. "You have to sell your own law school," Bloom said. "I'm very loyal to my law school." Bloom also emphasized thai many public in- terest jobs don't get funding far in advance and there are many public interest jobs, including the one she now has, that aren't well-known. Joseph Hughes an attorney II I I I "It you don t rind anything right away don't be discouraged,' Karen Lin ofLassner & Kubichek, New York, N.Y. She said that it you can't find public interest work right away, you should take a job that will help hone your litigation "You have to sell your own law school" -Lois Bloom, ÜBLaw,'Bs for Michigan Migrant Legal Services, another alumnus of UB Law School, recommended students take any public interest courses available. He saidthat if you have the right credentials a job may be created. Healso said that fluency in a foreign language is also very valuable. "Sixty percent of my clients speak only Spanish," Hughes said. Other panelists stressed the importance oftaking clinics. They also stressed the importance of persistence. Vssistant Dean or Career Devho attended he conference ;aid that stu- lents looking or such jobs ihould not get Jiscouraged if hey get no job have had to become creative in finding sources for funding, Stevens said. She said that many legal service agencies are creating separate units that get funded independently of LSC. One potential answer to this dilemma was explored on a panel on private employment. "Privatization is the wave of the future," said Edward Kramer, the founder ofHousing Advocates, Inc. of Cleveland, Ohio. Hespoke of his interest in doing public interest housing law while a law student. The problem was there was no public interest law firm in Cleveland at the time. Undaunted, he founded a Law and Housing Journal at the Law school, joined the ABA and networked. offers. "It's because ofthe job mar- After graduation, he founded Housing Advocates, Inc. Soon he also founded Kramer & Associates, (now Kramer & Niermann, LPA) a civil rights litigation firm. Sensing a need for affordable videotaping of depositions, he founded Attorneys Services, Inc. With the House and Senate Describing the opportunities at a privately owned public interRepublican budget plans threatening to phase out funding for the est firm, Kramer said that the atLegal Services Corporation, torney will work hard, but he will (LSC), which provides thefunding make a decent living. for offices that assist low-income Another attorney who people nationwide, these offices founded a privately owned public ket," she said. "It's not a reflection ofthemselves. I can only say'hang in there'" "This is the toughest moment for public interest law in 27 years," JaneGreengold Stevens ofBrooklyn Legal Services said. News Briefs Criminal Law Society holds Ist meeting criminallaw at ÜB. Two weeksago, thefir s>l meeting oftheCriminalLa* Society was held, and (he group promises to be the first of many outfefe for students interested in Ute meeting, which brought a modest tursotit, was a forudJ for discussion ofthe group'sfuture and goals. Among the items ofinterest were having speakers come to VB o» & regular basis to discuss recent Issues in the field, » v&riefy of summer internship ideas, aud lobbying for an expansion ofthe criminal law cutricahim. The The Crimina! Law Society is already active, hiiuging Supreme Court Judge Barbara Howt to >juak alK.ut alternatives to incarceraJion yesterday in Room 109 Fire in the Dorm On Sunday, February 25. there was a fee in Cl.ii where hail about 30 law students live. At about 6 a.m., ah: advisor Cera Ozer's room was set on fire. Ozcr cxtinguis Students were evacuated for about a half hour. Mike Plochocki. 21.. who lives below Cteer, was awakenei! .it advisor, Wilfred Anigekwn, and smoke. "This is the first' fire drill' in my life where I was really interest firm, Frank Handleman, said that he was very excitedabout the law students he sees seeking public interest work. They have the potential to take public interest law way beyond the level it is now, he said. He reflected on his own training at NYU Law School in the early 1970s and the lesson the dean told him. "Law is a service profession," Handleman said. Participants from UB Law were enthusiastic about the conference. "It was a great thing for people to," Ed Elder, 3L, said. He praised the symposium for the opportunity to talk to people in the public interest field and speaking to employers from across the country. "The panels were quite good," Scan Shannon, 2L, said. "There are jobs out there you just have to go look for them." Shannon attended the symposium on the behalf of the Career Development to go office. Koscielniak said the participation from UB Law students in this year's symposium was very strong. She said that they were a very impressive group of candidates. Trial Technique Team Wins Regionals by Kristin Greeley, Asst. News Editor UB Law's trial technique team of 3L Jim Grable, 3L Craig Brown, and 3L Jennifer Runfola placed first out of 22 teams at the regionals ofthe National Trial Competition. The four-day competiton was held February 6 -10 in Albany. All three students took Trial Technique last semester. Any studentwhoearned an "H" in the class was eligible to try out for the team. Seven students from UB went to the regionals. Their coaches were Assistant District Attorneys Diane LaValle and Tim Fronczak and defense attorney Bob Murphy. "The coaches were great...The time they put inwas unbelievable. They taught us so much, " said Jim Grable. The team worked with the coaches about three hours a day and an additional three hours on their own throughout exams and January. The competition required the participants to have mock trials from start to finish. Each team was guaranteed three preliminary trials. The winners then moved on to the quarterfinals, semifinals and fi- nals. Craig Brown, who won all five of his trials, was named Outstanding Advocate of the Competition. "He's a machine," Grable said. Brown and Runfola beat Brooklyn Law School in the finals to win the title. The team goes to Houston on March 20-24 for the national competition. They wil be competing against 15 other terns from the eight regions around the country. "It'sbeen a blast. I've learned as much doing this as I have in class," said Grable. scared," Plochocki said. murder Michael Robinson 11 was acquitted February 14 ot murdering Buffalo Slate college student Wendy Kashuba, The iui> deliberated fur 65 minutes before coming to v verdict. AUei Uk verdict, Robinson thanked the jury for believing in him. Prosecutors claimed at the trial that Robinson had murdered Kasbuba, then enlisted former Buffalo drug dealer and bank robber Kurt Bogardus to help him bury the body, Bogardus testified at the trial under grant of immunity. Bogardus had kd police to the body. Robinson testified that Bogardus broke into his apartment in a rage, looking lor one of Robinson's relatives and struck Kashuba, killing her. Bogardus then threatened to kill him and his sister if he talked to police. Bogardus won't be charged with the killing because he was granted immunity. District Attorney Ke\ in Dillon also said there was no evidence that Bogardus had killed Kashuba aside from Robinson's .story. Relatives of Kashuba wept after the verdict,■• ■■;) '.■ ". "\ \ "1 feel that the truth doesn't set you free," Sheryl Kashuba, a cousin said. "Money does." ■ fil irJ \A - 1 WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let the POWER OF EXPERIENCE work for you �EDITORIAL THEOPINION 4 ga _ OPINION . Founded 1949 q «Xi l 36, No. 8 Volume \/ Samuel S.Chi Editor-in-Chief February 28, 1996 . 28, inn 1996 February ~_ Steven Bachmann Dietz Managing Editor EDITORIAL: Heil Buchanan! The Buchanan phenomenon has upended the pundits' expectations about the kind of convention we can expect from the Republicans. The coronation of Bob Dole has, at least for the time being, been put on hold. There is talk now ofan open convention, multiple ballots andreal suspense, not like we have seen since the 19505. Pat Buchanan' s candidacy has also changed the issues being discussed by the candidates. Suddenly, the candidates are not competing with each other to devise a tax code that will drain the most money possible from the national treasury. Dole was shocked -- shocked to find that average Americans were worried about corporate downsizing and the state of the economy. Whatever one thinks offree trade, it is good to find a candidate willing to challenge economic orthodoxy on this matter. After all, Japan has built a mighty economic engine using economic nationalism as a model. The benefits of NAFTA have been elusive so far. Buffalo is still waiting for the import/export jobs that were promised as a result of the free trade agreement with Canada. Our trade policy should not be somethingbeyond discussion. Even if Buchanan is totally wrong about the benefits of economic nationalism, the fact remains that millions of Americans were opposed to NAFTA and GATT. Until Buchanan came along even the Democrats had fallen silent on the consequences of corporate greed, another issue many ordinary voters find compelling. It would not be healthy for those millions to be without a voice anytime during the election process. Unfortunately, there is more to Pat Buchanan than his economic message. The wall thathe wants to buildaround this country would not only protect our industries, but keep immigrants out. If immigration was the problem, then we would be a pauper nation rather than one of the richest on earth. We are a nation of immigrants, and even today they helpkeep our economic enginesrunning. Then there is a question of the company he keeps. Larry Pratt, the cochairman of his campaign was forced to resign when the Center for Public Integrity released a report alleging he had appeared at numerous pro-gun rallies with leaders from the Aryan Nations, the Ku Klux Klan and the United States Militia Organization. This is not reassuring, when Buchanan's past inflammatory rhetoric about blacks, Israel and homosexuals is taken into account. Pat Buchanan is an intelligent man. How many other presidential candidates have quoted T.S. Eliot on the stump? But not every intelligent man has the judgmentand character to be President of the United States. Mike Chase LenOpanashuk Ihe Opinion is a non-prolit. independent, student-owned and run publication lunded hy the SUA from student law lees. The Opinion SI.'NYAt Kullalo Amhcrst Campus, 724 John Lord O'Hrian Hall. Bullalo. New York 142W1 Old) M5-2147. The Opinion is published every two weeks during the lall and Spring semesters. 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Perspectives are generally opinion articles concerning topics of interest to the law school community and must dot be longer than four pages double-spaced. All submissions arc due the Friday before we publish Your submission must he typed, doubted-spaced, and submitted on papet and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space a* necessary and also for libelous content, we will not publish any unsigned submissions, Send your submissions to The Opinion office or place them in box 640 events To the Editor: I wanted to thank you for print- lawyer. Photo: John Gasper. Senior editors: Evan BaranolT Computer consultant: Peter Beadle : Graphic were, whatever theircircumstances. I believe he would have been a fine David Leone Assistanl editors: Features: David Fitch, Dan Killelea; News: Julie Meyer, Krislen Greeley : Lenby ing Craig Hurley-Leslie's essay about my husband, Chris Dubrule. Chris was truly a wonderful individual; he was a compassionate person with an abiding interest in justice. He valued people for who they STAFF Business Manager: Deshikaßotejue News Editor: Jessica Murphy Features Editor: Photography Editor: Art Director: Opanshuk o/Ihe prew;..." ■- The lirsi Amendment I also wanted to thank everyone at UB Law for their kindness and concern during this difficult time. The outpouring of support has been invaluable to me as well as Chris' family. Although I appreciate the SBA's generosity in offering to help me with expenses, I really do not need such financial support. Rather, I would preferthat any donations be used to build a scholarship fund as mentioned in the editor's note. Again, thank you for your support and concern. Mary Prendergast-Dubrule To the Editor: Last semester, a number of books were taken from a box sitting in front of Room 8 in the basement. These books were related to topics involving Religion andLaw. Because the books were sitting in the hallway, it is possible for someone to have mistaken them as being intended to be thrown out. Please understand that this was not the case. Those books are very important to me. If anyone has any information regarding wherethese books might be, please contact me at 834-9398 or in box #99 at the law school. I am not looking to get anyone in trouble, I would just like my books back. Thank you. Sincerely, Mike Grainger, 2L �February 28. 19% tHbUPIINIUIN 5 Perspective Rob Smith, SOLAR's Wildlife Director Wildlife wins one consume. The Environmental Protection Agency's (EPA) report on Avitrol identifies it as a highly toxic poison and classifies it as a restricted-use pesticide, not available to the general public. Birds that eat the poisoned food go into convulsions and normally die a slow and excruciatingly painful death. The use of Avitrol by the University in the past not only placed the health of the After more than a year of extensive research, lobbying, and coalition building, Students Of Law for Animal Rights (SO- LAR) has successfully convinced the State University of New York at Buffalo to adopt a Campus Wildlife Protection Policy. This is a huge victory for the student body, campus wildlife, and the environment. SOLAR's effort to protect campus pigeons and other wildlife gained the support of 21 campus organizations and 3 community organiza- tions including the Undergraduate Student Association, Student Bar Association, Animal Defense League, and National Lawyers Guild. In the Summer of 1995, the University Administrative Group officially enacted the Campus Wildlife Protection Policy written by SOLAR, after the policy received a unanimous endorsement from the University's Environmental Task Force. For several years prior to SOLAR's campaign to compel the enactment of a Campus Wildlife Protection Policy, the University community and environment at risk, but also posed a deadly threat to several species of protected hawks and migratory songbirds known to frequent the University area. In the event that a bird or other wildlife over-population problem ever exists on campus, there are numerous non-lethal and chemical-free alternatives that are both more effective and less costly than dangerous chemicals and pesticides. SOLAR is currently concerned that the Wildlife Protection Policy may have been or could easily be violated, since the University contracted an exterminator to place Avitrol, a deadly nerve-system poison, in food left on rooftops for birds to University staff that deals with wildlife issues are completely unaware of the policy. After recent conversations with Dick Spring 1996 j Issue #: Submission Deadline: issue Out: !Nα 8 Feb. 23 (Fri.) Feb. 28 (Wed.) j No. 9 Mar. 8 (Fri.) Mar. 13 (Wed.) I No. 10 Mar. 29 (Fri.) Apr, 3 (Wed.) Apr. 12 (Fri.) Apr. 17 (Wed.) Apr. 26 (Fri:) May 1 (Wed.) J No. 12 .■■■■■:■■■■::.. :■:■ . ■ ■.■■■.■■ .■..■■. ■■■;■■■; ■. ■ :: . capture and kill any birds they find." Whether this inhumane and flagrant viola- versity has failed to adequately inform its staff, particularly those that deal with wildlife issues, of this important official policy. SOLAR's primary concern at this point does not use or lethal means of control in any pesticides contravention of this recent policy or attempt to alter the policy without providing for participation and input from students and campus organizations as is required by the policy. SOLAR is sending letters requesting that the University staff be made is to ensure that the University aware of the policy immediately. ■ ■ Buchanan received 56,923 votes (27%); Dole received 54,814 votes (26%); Lamar Alexander received 47,214 votes (23%); Steve Forbes received 25,489 votes (12%); Sen. Richard Lugar received 10,743 votes (5%) and Alan Keyes received 5,531 votes (3%) Delaware also held a primary Feb. 24. Voters there awarded the victory to Steve Forbes, was one of only two Presidential candidates to visitthe state. The other candidate, Keyes, also had a stronger showing there than in New Hampshire. Forbes received 33 percent of the vote, Dole 27 percent, Buchanan 19 percent, Alexander 13 percent, Keyes 5 percent and Lugar 2 percent. Sources: The Buffalo News and New York Times . The Opinion is the official newspaper of the University I atNote: Buffalo School of Law and publishes twice a month during the Fall and Spring semesters. Deadlines are firm and late submissions are Subject to the publishing discretion of the i Editorial Board of The M ,„,..„,„ Opinion. ■ life Director, I have sent information and research to Custodial Services on safe and effective methods of deterring birds from roosting. A credible University staff member also informed SOLAR that s/he has been told on several occasions that when some University electricians work on rooftop air conditioning units, "They take nets and will After an inquiry to University Facilities and the University 'sEnvironmentalTask Foice, SOLAR was informed that the Campus Wildlife Protection Policy was distributed to the six Directors of University Facilities Departments. Although SOLAR has been assured that the policy is being enforced, it seems apparent that the Uni- Conservative commentator Pat Buchanan narrowly won the New Hampshire Primary Feb. 21, beginning what some commentators are calling a war for the control of the Republican Party. Buchanan, who has been combining populist attacks on big business and free trade with social conservatism, says he seeks to open the party to blue collar votes. However, critics accused him of flirting with racism, anti-Semitism and homophobia. Sen. Majority Leader Bob Dole, who ran second, said the primary had cast the GOP contest as "a race between the mainstream and the extreme." Lamar Alexander finished a close third, running strongly among party moderates. Alexander challenged Dole to step aside and let him and Buchanan debate the future of the party. PUBLICATION SCHEDULE (Revised 2/23) Volume No. #36 : No. 11 dent Greiner'sand other boxes at the new Amherst Campus stadium. Although both individuals stated that they were personally opposed to the use of lethal control methods, these are precisely the staff members that University officials should have informed of the policy. As SOLAR's Wild- tion of the policy is ongoing is not known, yet it is doubtful that University electricians were ever informed of the policy. Buchanan mucking up Republican Party - THE OPINION Cudeck and Bill Murray from Academic Custodial Services, SOLAR was shocked to discover that one individual only knew that birds could not be killed and the other was completely unaware of the existence of the official policy. Both Mr. Cudeck and Mr. Murray are currently looking into deterring pigeons from perching near Presi- why \ql I—l BAR/BRI I • I BECAUSE EXPERIENCE COUNTS Ul the POWER OF BXPERIENCE"work for you �M O Defeat snatched from the jaws of victory by Jessica Murphy, News Editor The New York Law School hosted the Atlantic Regional Competition of the 1996 Philip C. Jessup International Law Moot Court competition, on February 9-11, 1996. The UB Law ties, but succeeded nevertheless. The team members were: Marianne Pansa 2L, William McDonald 2L, Eric Dawson 3L, and Michael Plochocki 2L. The team was undefeated, advancing to semi-final competition which included a win over the Harvard Law team. In semi-finals, the UB Law team succumbed to the Columbia Law team, the ultimate winners of the tournament. 2L team member, Michael Plochocki, explained that two big mis- P takes occurred. "An updated fact pattern never reached the UB law team preliminary rounds, as opposed to their rightful rank of second place. UB was prior to competition, although every denied the option to choose which other team received this information. side ofthe case to argue, and as aresult And, when the problem was brought to had to compete against the first place attention of tournament coordinators, team...Despite the odds, UB nearly at first they were very sympathetic to upset the tournament winners, Columus, but then they abruptly changed their minds, and verbally attacked us, and told us [the UB team] it was our fault. The reason being was thatthe UB team should have contacted the national office aboutany changes, but every other team, whether they contacted the national office or not, had received the updates. In the past, UB has also received the courtesy ofsuch updating." Plochoki further said, "Also, the UB Law team was treated as a fourth place competitor at the end of the by Jessica Murphy, News Editor This past weekend, February 22-996, the Desmond Moot Court d hosted the 1996Albert R. Mugel National Tax competition. Sixteen teams competed, representing eleven schools, ÜB, Ohio State, Southern Methodist University, University of Toledo College of Law, University of Missouri—Kansas City, University of Baltimore, University of Detroit Mercy Law School, Rutgers—Camden School of Law, Detroit College of Law at Michigan State University, St. John's University School ofLaw, and the Salmon P. Chase College of Law. UB Law 3L's Scan Kennedy and John Crowe won first place. 3L Mesheba Rourkealso helped write the brief the team submitted. Their brief took first place overall. The final day. Soctal gatherings for the competitors were held at the Calumet Cafe and House of Quinn on Chippewa Street. The competition banquet was held at the Radisson Suite Hotel. 3L David Hastings was Tourna- Scan Kennedy, 3L with the results, this was a testament to the strength of the tax program a ÜB. We have strong teaching staff at ÜB, and our finish dem onstrates what a solid background UB students and grads have. Our having access to teachers ofthis caliber show how well prepared we were to argu The UB Law team brief placed fourth overall in a field of twelve, and the team itself placed within the top four spots of the tournament. Peter Beadle, 3L and Executive Director of Jessup Board, "I'm very proud of our team. There were some problems in the administration of the tournament which our team was unable to overcome, and go undefeated in the preliminary rounds. This was Plochocki said, "Had these mistakes not occurred, we [all members of theregional team] believe we would have had a reasonable shot at beating Columbia for the topspot. Given all of our hardships, we are still very proud of our accomplishments. In the preliminary rounds, we were ranked second because we were one of only two teams to be undefeated entering semifinal competition. The other undefeated team was Columbia." complex tax issues. The final round judgeswere: UB Law Professor Albert R. Mugel (Professor Mugel had to recuse himself), Hon. Leslie G. District Court Magistrate Feldman--U.S. Magistrate Mesheba Rourk, 3L Tarn m i c Schultz, local practitioner, Kenneth Payment, a Rochester Ta Attorney, John Steele IRS Distric Counsel, and Hon. John Pajack, U.S Tax Courtfrom Washington DC. We'c like to thank all of the judges from th legal community, especially Profes- sor James Wooten, who deserves a special thanks for his overall saving the day for us in many ways." This competition is named for a current UB law professor, Albert Mugel, who specializes in tax. He teaches a class, and is highly respected in the tax field. Hastings said, "It was though his participation that we had access to thecaliber of judgesranging from local practitioners to a US tax court judge from Washington, DC." Jen Lyons, 3L, served as Assistant Tournament Director. Tournament Hospitality Co-Chair, 2L Melissa Hancock said, "The tournament came together well. All board members contributed admirably despite contending with heavy academic and outside work loads." tween UB Law Jessup hosts regional competition team. John Crowe, 3L other team was comprised of Mich c 1 c Owdienko, and Craig Brown. Competitors argued at City Court in downtownBuffalo on Thursday and Friday, and at County Court on Satur- Jessup Teams to go on road trip "It's been over twenty years since wesentateamtotheNiagaraCup, Our return this year marks the beginning of a new Jessup tradition. " said Peter Beadle. E Plochocki ranked ninth best oralist. bia University." Hon. Johnathon School of Law G years." Two UB team members were named in the Tournament's top ten oralists. William McDonald ranked eighth best oralist, and Michael Desmond Moot Court Board hosts Mugel Competition and the Chase A our best showing at a Regional in three UB team sweeps national tournament I T February 28,1996 Jessup team faces obstacles team ran into some technical difficul- O NEWS THEOPINION 6 The Niagara Cup tournament will be held March 1-3, 1996, at Case Western Reserve University School of Law in Cleveland, Ohio. The tournament focuses on legal disputes between the U.S. and Canada. This year, the dispute revolves around salmon fishing rights between Washington State and British Columbia. The UB Law team will be represented by 2Ls Kathryn Lee, Daniela Almeida-Quigg, Gilardo Michel Garcia, and Mary Raymond. (The ABOVE: VB Law Jessup team members Prudent Fmg, 2L, Scott Philbin, 2L, PeterBeadle, 3L, Kathryn Lee, 2L, and Kristine Karte. 21. Jessup Moot Court Board hosted the North East Regional Competition ot 1996 Philip C, 3essupTourname.ru the weekend of February 16 - 18. 1996. The competition rounds were held at the Old County Hall in downtown Buffalo. Two person teams; represented Fordham, Cornell, Albany, Syracuse, Pace. New England School of Law. Due to a team drop, Pace Law actually had one competitor, 3L Gina Valeri, who successfully advocated all of the components traditionally argued by Oie two person teams throughout the preliminary rounds. With her valiant effort, Valeri saved Pace from a two year penalty which would have prevented the school from competing in any International Moot Court Tournament for the next two years. The team which eventually took tht tournament was Fordham University. �FEATURES February 28, 1996 THEOPINION 7 Making that transition of experiences to bear at UB Law New professor brings a variety hy David Fitch, Asst. Features Editor Despite growing up in the hot climate of northeast Texas, the cold, weather of the North is nothing new to Professor James Wooten, one of two Fall 1995 additions to the law school's faculty. wet After finishing his undergraduate work at Rice University in Houston, Professor Wooten settled at the University of Chicago for graduate work in anthropology. "A really intense place," he remembers with a laugh. After a few years in the program, Professor Wooten decided to follow in the footsteps of some grad school friends and concluded his studies to become a paralegal at a local law firm. In just overa year, he had decidedto go on to law school and was subsequently accepted at Yale in an American Stud- ies PhD/JD joint degree program. "I liked learning... Yale was a nice place [and I] was happy to be there," he says regarding his return to school. Upon completing his JD and a couple ofyears of work on his American Studies doctorate, Professor Wooten took a job in the early 1990s with a Washington, D.C. law firm. While concentrating in labor, pension/ employee benefits, andbankruptcy law, he found he enjoyed practicing the law. However, after just a year as an associate, a hard-to-resist opportunity to return to academic life presented got into the legislation as a political opposed to a little narrower vision," he adds. Professor Wooten moved to Buf- itselt. With a fellowship to complete his dissertation for his doctorate, Professor Wooten returned to Yale. "All other things being equal, it would have been nice to have spent a few more years [practicing] because it was a great firm and I learned a tremendous amount." Once back in New Haven, it didn'ttake long Professor before matter as falo last summer and taught Employee Benefit Law during the fall semester. He is currently teaching Bankruptcy and a seminar involving the "politics of legislative innovation" entitled Where Do Laws Come From?. And how does he like being a professor of law thus far? "It's hard to start anything new. [Especially to] go from sitting around in front of a computer all day to standing in front of 65 Wooten was contemplating yet another move. In 1994, he applied to law schools around the country for a teachingposition. "I had taught English Literature a few summers at Houston Community College andT.A.'dat the Professor James Wooten of University Chicago and Yale," he says looking back on his offered one of the new professor to go into teaching. "Teachpositions later that spring. He says s what I liked to do." that he "wasreally excited to have an Despite never having been hert opportunity to come [here] because before, the University at Buffalo was I do mostly political history high on Professor Wooten's list. "1 scholarship, and a lot of places want had read [Professor] Frank Munger's something that's more traditionally law looking. [and Professor] Jim Atleson's work and I knew Professor Finley, who hac "[The University at Buffalo] is a actually taught me Torts at Yale." place I could come and I didn't have to explain that 1 think it's really imAfter interviewing here in Januportant that [a certain] provision .. . Ksion . .. Law as a Means, Not an End The CDO can help with a career outside of law by Scan Shannon, Special to the Opinion EStop for a minuteand think. What you really want to do with your life after law school? Don't worry, you need not respond with a quick justification or affirmation of your existence or career choice. Rather pause for a moment. Give the serious question If you want to walk the in steps of the great jurists and practice law, kudos to you. The law is a noble profession and UB graduates are highly respected. However, if FEATURES about law as your goal (and many law students fall into this category) that's fine, too. Some consider thoughtful ina weakness, but this case, it is a ength. not into practicing law and you believe there is something else for you to spend the rest of your life doing. The legal newspapers are filled with articles about unhappy lawyers tired of worryingabout billable hours andstruggling to become partner. Like any stressful profession, there are major quality of life issues which lawyers and prospective lawyers must face. Choosing a career is not an abstract question, it is a life decision. As a result, while as- sured, however, you have not wasted a minute by being in law Scan Shannon, 2L school. The intellectual skills you are developing in Jumping into law as a career is law scnool are transferable to many t something to be done lightly. Some fields and, contrary to popular belief, the doubts law students have are the law graduates are highly respected for lsonable jitters a novice feels when these skills. Also, there is no other tering an established profession. degree that confers "professional" staMost of us are no more than babes in tus on a graduate in as short a time. the woods when it comes to being a After three years ofhard work (or notlawyer. However, for some law stuso-hard) and the bar exam (if you wish), dents, the doubts about practicing law you will have entered the pantheon of after graduation are much stronger. American professionals as a lawyer, Just like being a doctor, being a with all the commensurate awe (or lawyer is not for everyone. It's not that disdain) that comes with the title "Esyou can't do it, but maybe your soul is Icison So, what can you do if you choose anything. What you need to do is think about what you want to do. Personal reflection and honest (critical) evaluation of your strengths and weakness, desires, and needs can be the best guide for what career you should pursue. Step back from the law school race and think about what is important. The careers open to you as a law graduate include positions in business, inside... Moot Column not to be a lawyer? Almost The Docket education and government. But do not See Law as a Means on page 8 some people enjoy practicing law, others do not. Be people trying to explain somethipg," he says with a smile. He's quick to add that UB has "been a great place to make that transition. People have helped me in any way they could. The students have been great about volunteering suggestions and that has been really helpful." Although thefuture is never set in stone, Professor Wooten doesn't see himself doing anything else soon. He is in the final stages of completing his dissertation and will then settle solely into therole of professor. "I plan on doing this for a long time." o\ WHY BAR/BRI A i 'I BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you �FEATURES THEOPINION 8 Entertainment and Sports Law Journal Coming Together />>' February 28, 1996 Moot Column by Dan Killelea, Asst. Features Editor Mike Chase, Features Editor Law students in the Entertainment and Sports Law Society (ESLS) are working hard to add another journal to the UB Law community. An Entertainment and Sports Law Journalis in the works and is already looking for a publisher. "We're starting with nothing, but we've got high standards. We intend that someday, we'll be regarded as highly as University of Miami's," says Raymond Caso, 2L. The University of Miami has what is considered by most the finest suchjournal in the nation. "It's considered an authority by practitioners." Caso and ESLS President Andrew Freedman, 3L, are working together to get the first issue out as soon as possible. "We're aiming for the end of this semester," adds Caso. They already have one article, about racism in the NCAA, ready to publish, and are soliciting another dealing with domestic violence and sports. * TheESLSisholdingafundraisertodayandThursday. They'll be selling University at Buffalo School of Law T-shirts on the first floor of O'Brian. According to Caso, "they're a lot better looking thanthe ones at the book store!" Caso also plans to make a request for funds from the SBA. If you are interested in participating on the new journal, stop by Room 8, or submit a letter of intent to box #641. W ■ ■ ft L JOIN "There is an evil which has been done to us; a most horrible evil, and one which cannot go unanswered." I have no idea who said it, or why (or for that matter whether it was ever even said). But it fits right in with what I have to say. Sort of. We who are second and third years may remember a weekend back in August of 1994 when a new life wasbrought into the world ofFM radio. It was born at 101.1 megahertz and for an entire weekend we heard nothing but the music of U2. A good way to start, if a bit redundant. We may remember with disdain the irritation of repeatedly hearing songs cut off before they were done, and not hearing the same songs' names. Nor hearing anything BUT the songs- the idea ofmusic withoutirritating D Jbanter was a good one, but it would've been nice to find out a little something about these as-yet-unknown "New Music" tunes. The silence ended, of course, withthe nauseating blatherof Cary (or was it Kerry?) Gray. But even THE ■ OPINION! I Stop by Room 724 or drop a note in box /or more /w/o A Call to Arms THATwasn't entirely bad, because by then they hadalmost gotten the hang ofplaying out songs in their entirety, and there seemed to be a growing "humanity" to what we heard over theairwaves. That humanity is gone, my friends. And in its place has come the very antithesis ofhuman existence— DISCO. It started out slowly, perhaps to accomodate the inevitable de- nial listeners would go through. We still heard good music before spm, and that was enough to keep us listening in the hopes that what was on at night was some sort of an aberration. Sadly enough, it was not. For at the start of this VERY week, on Monday morning, it was revealed that the fight (if there ever was one) was lost. The voice on the air actually identifiedthe station with the tagline "Dance Music 24 Hours a Day!" "What can we do?" you may be asking yourselves. "A radio station has the freedom to choose whatever format it wishes, doesn't it?" Fortunately, what the radio station wants isn't an issue. Let's remember, we're going to be law- yers— it's our right (Nay— our DUTY) to impose our own will onto others. And that's where the law comes in. Those of you who read the last issue of the Opinion know wellwhatthe power ofthe law can do when someone actually has the nerve to decide not to marry you. So now I'm calling on you- each and every one of you now reading these words- to find a way we can stop the evil that's been doneto us courtesy of FM 101.1. What THEY want shouldn't matter. Nor should the fact that they broadcast from another sovereign nation. What matters is that they did something we don't like, and as larval lawyers we should do some- thing about it. Maybe there's an implied contract, or a warranty here— at the very least there's in- tentional infliction of emotional distress (and I think it safe to say that Disco music per se creates emotional distress). There must be something we can do- so hit the library, hit the Westlaw terminals, hit back issues of People Magazine. With all of you to help, I don't see how we can be stopped. UUAB FILMS m M Wednesday, February 28 th: 6:30 pm 9:00 pm Faraway, So Close Seven Thursday, February 29th Law as a Means, continued from page 8 limit yourself to these settings or existing roles. The world is changing and there are sure to be new opportunities for someone with your training. At the Career Development Office our resources and advice are not limited to law placement. If you are considering an area outside the law we have resources which can aid you in your search. The staffis more than willing to assist in whatever capacity possible. In the month of April the Career Development Office is conducting a series of programs focusing on alternatives to legal careers. Speakers will include alumni who have chosen to use their law training in a non-attorney role. Details will be available in the upcoming weeks. Major life decisions are not easy, but as the old show tune goes "it isn't so much you dowhat you like, but rather youlike what you do." Scan Shannon is a graduate assistant in the Career Development Office. 6:30 pm 9:00 pm Faraway, So Close Seven Friday, March Ist 6:30 pm 9:00 pm 11:30 pm Seven Seven The Shining All fi1m5...52.00 with Student 1D...53.50 General Public �February 28, 1996 ADVERTISEMENT THEOPINION do you find the time t0... run to the prof's office, I dig through the library; assemble quotes, annotate class material, search & research, get that note to prof, brief cases, find cites, see if Susan know outline it, write it, print it, cut and paste, copy, collate, assemble... Here. JflHflV , ■Mr ' With LEXIS-NEXIS Student Office. The LEXIS-NEXIS services, Folio VIEWS®, The LEXIS Online Connection, Law Schools Online Global E-mail Network, the Jurisoft Legal Toolbox products & much, much more, all integrated into an easy-to-use suite that takes a lot of the work out of your work. Just the kind of technology you'd expect from the online leader. Call 1-800-45LEXIS for more information. %/ LEXIS-NEXIS VSc A member of the Reed Elscvier pk group LEXIS and NEXIS are registered trademarksof Reed Elsevier Properties Inc., used under license The INFORMATION ARRAY logo is a trademarkof Reed Elsevier Properties Inc., used under license. Folio VIEWS is a registered trademarkof FolioCorporation. Windows*is a registered trademarkof Microsoft Corporation. Mac*and Macintosh* are registered trademarksof Apple Computer, Inc. ©1996 LEXIS-NEXIS, a divisionof Reed Elsevier Inc. AH rights reserved. 9 �ADVERTISEMENT THEOPINION 10 lip ■I Rg February 28,1996 * " : , - ■■^^®^?SK»^-'s s'-- ; v^ ■■■■■"■■ * * liilpe2* The Rouse Family Arthur, Sabrina, Bobbi Lyn, Kari Ann, and Bret. Lived together, loved together. Killed together. August 20,1991 Gansevoort, NY '" ■ - , , * "- ::;, :; ,; ;:: :-:-:';:: ;:-:';:;:-::-v^:;:'::;:- , ' : ::::::::<:':: '■■ <y: '■:::::::-::::--:::^-.-....:y:::^: ::y: If you don't stop someone from driving drunk, who will? Do whatever it takes. c EfJl GOUKI U.S. Department of Transportation Enjoy the Barrister's Ball �February 28, THEOPINION 1996 SBA meeting, Affirmative Action, continued from continued from page 1 page 1 ing shoes, blood transfusions, mailboxes and the lightbulb filament, among many other contributions. She cites these accomplishments as reasons to continue Affirmative Action. Sapp-Burgess closed her remarks by saying that Affirmative Action "...should be used as a tool to expand this great Nation. Look at what we have done. Step aside and let us show you what we can do. It will make us all proud." Judge Troutman stated that although Affirmative Action gave her the opportunity to attend law school, it did not automatically allow her to pass the bar exam. She said that she would not have been well-served if she had been admitted to law school through Affirmative Action and then had lacked the ability to succeed. The other panelists expressed their agreement with Judge Troutman's comment that Affirmative Action is simply a tool giving an opportunity to succeed to those who might otherwise be denied a chance. but SBA is financially sound. We can't get at what is a substantially large pot of money." The money that is "tied up" has been given to student groups, some ofwhich will not use all of their funding. SBA will get that money back at the end of the year. "The groups are not gettingtouched. Their monies are as is," Lindao said. However, the Domestic ViolenceTask Force and the Entertainment anu Sports Law Society were each promised $850. They will have to wait to receive their funding until the end of the year. BPILP will also have to wait to get its matching grant. SBA does not have to give BPILP any funding because they are a separate entity, but has already promised matching funds. "If a group raises $500, BPILP matches $500. If they raise another $500, we match fifty cents on the dollar," SBA Parliamentarian Pete Thompson explained. "At the end of the year, BPILP will get its money," Lindao said. Additionally, the Asssociation of Women Law Stu- dcnis aiidilß- irwl luchniqun team mill hw rij*|nm ting hind ing in the near future. It is uncertain how much the SBA will be able to give them, if anything. Other matters discussed included the possibility of joining the New York State Bar Association. "Every single New York State law school is a member except Buffalo," President George Hamßoussi said. If the Law School joined the New York State Bar Association, two students would attend three annual meetings in New YorkCity. One student would be from the SBA and one would be from the general student population. Prudence Fung and Bari Levant, 2L class directors, gave a report on the Barrister's Ball. All fifty subsidized tickets for non-law students had been sold, and almost 200 tickets had been sold to law students. All plans are going according to schedule. Greg Mattacola, 1L class director, reported that Mercedes Lindao asked him to sit on the SBA's finance committee, and he has accepted the position. Lindao asked if there was anyone else who would be willing to be on the committee. Tim Benedict, 1L class director, also volunteered to participate. Pete Thompson announced that applications for SBA executive board positions are due Thursday, February 29. "The next week we will be campaigning, and elections will be the Monday and Tuesday before Spring Break," Thompson said. DEATH PENALTY SYMPOSIUM Saturday, March 2,1996 Registration ~ 8:15 am Speakers include Kevin Dillon, Erie County District Attorney Mark Mahoney, Fmr. President, N.Y.S. Assoc. ofCrim. Def. Lawyers From the CDO: " Techniques for your Job Search" Westlaw Training on Monday, March 4th 4:00 pm Westlaw Room in the Law Library GROUPS ADVERTISE FOR FREE ON THE DOCKET!! Personals are FREEH! Place your personals in box # 640 and we mightprint it. 1 �12 ADVERTISEMENT THEOPINION February 28, 1996 w B/emwNQ etse, comes fwh what A new course claims to be: "The Experienced Course. With Experienced Faculty" However, of their thirteen New York lecturers: Five have never lectured in bar review anywhere. Four have /igygr lectured in bar review in New York. Two. were taken off the BAR/BRI New York podium due to poor student evaluations. Lastly, only one of their employees has ever taken part in coordinating a New York bar review course. ■:■..:..■.:.. ■ ■ ■ ■ ■■ : ■■:■:■■■■ ■: \ ■■■■■■.■:■:■ ■:■::■;■■ ■■. .. . . ■.. .■.■ ■. .-.■ ■ ■ ■.■ ■.■.■. .■.■. ■ ■ ■. HiAjjdt/uJjdLl Trust the Power of Experience to work for you. I J WHY L£J BAR/BRI I A._ EXPERIENCE BECAUSE COUNTS For more than 25 years, BAR/BRI has guided through law school and the bar exam! over 500,000 students BAR REVIEW TM Let the POWER OF EXPERIENCE work for you .■.■.■.■.■.■.■.■:■:■. ■.■. .■:■ .■. .■ .■:■:■:■:■:■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-02-28 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/454bee6a9219c2761c108bda60aec7c6.pdf 6046217e465bc94e73730fc1f0ecf56f PDF Text Text dsfdsfew J NEWS I DeathPenalty Conference. I See page 3 Follies and Fumbles. See page 2. A View of the SBA. Bringing the issues to the students since 1949 THEOPINION Volume 36, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 13, 1996 And the winner is... Fung, Hamßoussi, Levant, and Thompson win SBA Board positions by Sam Chi, Editor-in-Chief For all of you on the edge of your seats, the Student Bar Association election results are in. The 1996 SBA elections proved to be the race of the write-in candidate. Of the four positions open, only two were contested. Less than a third of the student population voted. The uncontested race for SBA President was handily wonby current 2L Class Director Prudence Fung. Taking 164votes, Fung, the sole presidential candidate named on the ballot, easily beat her nearest opponent, write-in Menelik Alleyne. Alleyne, 2L, who garnered 22 votes, was followed by IL Class Director Shantelle 11 votes. Hughes with Twentyseven other candiates were also written in, including Professor Schlegel. Most received only one vote. When asked for comment, President-Elect Fung said that she was "very pleased." "I'm looking forward to next year. I want to enhance communication among the administration, SBA and the student body," Fung said. "When I leave SBA, I hope that it will hold the respect that it deserves," she added. In an unusual flip-flop of position, current SBA President George Hamboussi was elected to the position of Vice President. Hamßoussi, 2L,beat SBA 1LClass Director Steve Salob. President Hamßoussi noted, "I' m glad I won, because that's the goal when you run." When asked about his 110 vote margin, Hamßoussi said that he didn't expect to win by that much. "It makes me feel confident that I have the approval ofothers," he said. Hamßoussi said that it will not be difficult being the SBA's Vice President after being the SBA's President. "By being Vice President," Hamßoussi said, "I can ensure that I have time for the other organizations I'm involved with." He added, "The fact that you're involved in an organization because you like it does not mean you have to hold the highest position. I still have the same dedication, and the organization needs [the efforts of] many people to [succeed]." The race for SBA Treasurer was the nail-biter of the two-day polling. Although 2L Class Director Bari Levant beat her closest opponent Theresa Wolneiwicz by a 20 vote margin, the contested race was the closest in the election. Wolneiwicz, IL, who was also named on the ballot, captured a respectable 84 votes. She, by far, didthe best among those in the also-ran category. Thirdplace finisher, IL write-in candidate Patricia Potts gained 34 votes. "I hope the SBA will work closely with all of the student organizations," Levant said. Gaining the biggest landslide victory ofthe evening, current SBA Parliamentarian Pete Thompson overwhelmingly won reelection. Garnering support from 210 of 277 peoplevoting, Thompson devastated his 13 write-in opponents none of whom received more than 2 votes. "I'm very happy," Thompson said. — Thompson indicated that there was a lot of work to still to be done. "There are a number of things we have to get done organizationally. Student groups need to hold elections and budgets need to be worked out." He saidthat the role ofthe SBA will have to change as money becomes more scarce. "We are going to have to be more in tune with what's happening in The Results President: Prudence Fung, 164 Menelick Alleyne*, 22 VicePresident: George Hamßoussi, 169 Steve Salob, 59 Treasurer: Bari Levant, 104 Theresa Wolniewicz, 84 Parliamentarian: Pete Thompson, 210 IL voters: 121 2L voters: 114 3L voters: 42 TOTAL VOTERS: 277 * denotes write-in Albany," Thompson said. SBA meeting a five hour marathon by Kristin Greeley, Student groups scramble for funding Vice President Jeremy Toth reported that according to an SBA by-law passed last year, student groups must submita budget in the Fall and the Spring. "So far," said Toth, "few groups had actually submitted their budgets. The budgets are due three weeks into the se- Asst. News Editor The SBA held a five hour marathon session on Thursday, February 29 into early Friday, March 1. The bulk of the meeting centered around the SBA's delicate financial situation and the allocation of their scarce funds. About fifty students representing Asian American Law Students Asssociation, Black Law Students Association, Latin American Law Students Association, and the NativeAmericanLaw Students Association attended the meeting to show their support for the Annual Students of Color Recognition Dinner. The meeting began with SBA President George Hamßoussi giving both the President's and Treasurer's Reports. Treasurer Mercedes Lindao was excused from the meeting. Hamßoussi began by elaborating on the SBA's current financial situation. The SBA's financial troubles stem partly from telephone and photocopying bills left over from last year. Another major budgeting problem is the accounting contract the SBA is required to have with Sub-Board. "The money we pay Sub-board, we have mester." Pete Thompson then gave the Parliamentarian's report announcing that the petitions needed to run for an SBA Executive Board position were due that day. As of March 1, 1996, only six petitions had been received for the four positions. Prudence Fung and Bari Levant, 2L Class Directors, reported Gripped by the proceedings? Law students pack the SBA meeting to ensure that their voices are heard. nochoicc.Last year's treasurer budgeted it at $10,000, knowing we had a contract for $16,232," Hamßoussi said. Hamßoussi said that the SBA received $8922.10 at the end of last year from groups who had not used all of their budgeted funds. "They [Sub-Board] highly discourage you moving that money around during the semester," Parliamentarian Pete Thompson said, "They don't want us to touch the capital expenditures or any of the other lines. In order to do that, there has to be a [two-thirds] vote of the entire SBA board to elimi- gets. The $22,000 that this year's Last year, the SBA intended SBA should have been able to allocate is untouchable, being tied up in individual student group lines. The SBA also owes BPILP the $5,000 it promised them last discretionary fund for the 1995-1996 school year. An accounting error last year allocated this discretionary fund to student groups as part oftheirbud- year, plus up to $2,500 in matching funds it has promised for this year. In addition, itallocated $921 to various student groups before it found the budget discrepancy. nate that line." to create a that 284 tickets had been sold for the Barrister's Ball, in addition to all fifty subsidizedtickets for nonlaw students. Fung and Levant further reported that Bar Bri paid for the D.J. and the Dean's Association paid for professors who chose to attend. Alfredo Acevedo, 2L Class Director introduced two motions. The first motionrequired the SBA to hear petitions for funding from all groupsrequesting funding before voting on any allocations. In the past, money was allocated on See SBA on page 11 �THEOPINION 2 March 13,1996 Follies and Fumbles Greg Mattacola Columnist Come one, Come all NO WALLFLOWERS ALLOWED! in the heart of Virginia flapping his gums Come on and Dance! Come on and Dance! and talking his trash to every good old boy Let's make some romance! THE BIG he can grab hold of. And it's alt about his DANCE BABY! Gottalove it. The NCAA Golden Griffs. That's right, not only do I Tournament. What a glorious time ofyear. have to live with my alma mater being the When athletic departments around the nadoormat of the Atlantic-10 and having a tionare seen drooling in public at the thought name like the Bonnies, but my brother's old oftheir squads being invited. The prestige, school has made it to the show. And the the honor, THE REVENUE! And let us not scary thing isthat they have a shot at beating forget the real reason why we all tune in. Utah. It could happen. Thenyou'dseeevery We're talking weeks of non-stop, high in- southerner in a fifty mile radius flock to tensity college hoops. I knew guys in colOrange, VA. They'll all be going to see the lege, that when registering for the Spring crazy Yankee that just got locked up besemester, would try to arrange itaround the cause he couldn't stop babbling about these tourney. It wouldnever work, but the effort things that are half lion and half eagle. I was there. hope he knows a good lawyer. New York has done pretty damn well How happy is Colgate that Adonal this year. Not only do we have our mainFoyle decided to stay at home and become stay, the Syracuse Orangemen but we have a Red Raider two years ago? Two years, two Colgate and...Canisius? That's right ladies trips to the dance. Of course they face and gentlemen, from our own backyard, Connecticut in the first round and will get may I present to you the Golden Griffins. sent home whimpering, but who cares? Let me give you a visual. Right now, as we Colgate had never even been to the tournaspeak, there'sanother guynamed Mattacola ment before last year. Foyle is the man. Yeah, yeah, there's no I in Team but there is BUTKUS. Now it's no secret that I in Win. One impact player makes all the really can't stand the Bills. It's nothing difference in the world. personal, I just hate 'em. I like Buffalo. I And then there's the'Cuse. The team root for the Sabres. I'm even upset at the I grew up hating to love. Good old Syra- fact that they're probably not going to make cuse. A team that will stick it to you in a the playoffs. Yet, the Bills...nope, can't do hundred different ways. Remember Keith it. BUT, thereally fat guy that runs the team Smart? How about the Richmond Spiders? just did something that might get me to a What is one to do? You try to get out. You game. Chris Spielman. Remember the swear to yourself that you'll never go back. Follies and Fumbles highest compliment? You try to keep yourself occupied. You Yup, Spielman rocks. This guy isa player in read the whole paper (not just the sports). the pure tradition of football. He's a Butkus Youtakeup croquet. Itdoesn't work. You're type linebacker that will chew your hand off drawn to them. So you give it one more and stuff it down your throat. Yes, he's not chance. You make up. And thenthey break that young anymore but he can still deliver your heart in two all over again. It'll happen the hits. He'll be good for the Bills, espethis year, just watch. They'll win the first cially since it looks like "I love myself round. Then ifthey really wantto mess with almost as much as JimKelly loves himsejf' your head, they'll win the secondround and Cornelius Bennet is leaving. The only other convincingly. Then they know they have reason I ever tolerated theBills was Shane you. And then what will happen is that Conlan, another tough linebacker whocould they'll forget how to shoot foul shots and rattle some teeth. Welcome to the rough box out and lose miserably. Every freakin' Buff, Chris. Too bad you couldn't have year. But I'm not bitter or anything. gone to a contender. Pieper People Pass!!! /Come and see why \\ t • everybody's Switching \ Over tO Pieper!!! // \ , f ~ iii / / \ f I better send in my $150 deposit to receive those brand new Textbooks that were just printed!!! \ m~r J \ \ ) / tiy \jfr t Don't be left out of the conversation!!! /You passed too? That's great 1 I couldn't have prepared any better!!! I'm glad I ( J \I I KljJ j &J&T Every attorney I've ever met said I must take Pieper to pass the NY Bar \switehcd to Pieper!!! A ttl VJh \ t ±) ,V ( 0f course I passed! J I took PIEPER go} *< I couldn't have done \%ji lit without them! 1 Find out why everyone 's talking about , and switching over to: PIEPER BAR REVIEW!!! THE NY-MULTISTATE BAR REVIEW COURSE CALL 1-800-635-6569 �-vop-r •. March t3,:T'996.. tHEOPIWQN--,- NEWS 3 Cowardice infiltrates section B Anonymous letter requests student's silence in class by Jessica Murphy, News Editor On Thursday, February 22, 1996, IL Sarah Braen found an unsigned, block-lettered note in her mailbox which read: "Sara, This entire section is really sick of your constant stuttering banter during class. Please refrain from raising your hand during class unless your question comment has a definite ending point. Your cooperation is appreciated." Braen found the note in her box after a full day of classes "...it wasn't exactly unstressful," Braen said. After Braen received the note, she showed it to her friends, and no one recognized the writing. Braen then showed the note to Professor Isabel Marcus, who made "a very pointed speech in front of our class about consideration for collegues and considerationfor women in general." said Braen. Due to Professor Marcus's trip to Russia, she is currently unavailable for comment ing the note be analyzed for handwriting with regard to the note. identification. If the person who wrote the Braen then showed the note to Profesnote can be identified, that the informasor Lucinda Finley, Deans Newel and Cartion would be placed into that individual's rel who then showed the note to all of character file for eventual consideration Braen's professors, Newhouse, Avery, by the Bar Character Committee. Miller and Tobol. Braen explained that the law school All of Braen's professors, but Avery, has no facilities to analyze the note, and the spoke about the note to their classes. Proprocedure would have to be done through fessor Avery has yet to address this probUB Public Safety. Braen said, "1 thought at first I wanted lem, opting insteadto speak further withlaw school deans before speaking to her class. to do this [have the handwriting analyzed], "It seems like almost every year around but I don't care anymore...l'd like to know here a woman who speaks in class alot gets who wrote it just to know why." a nasty note. I never hear about a man who Sharon McDermott, a 2L, said, "I think speaks alot in class getting anonymous hate it's not bad because you could go up to a mail." saidProfessorLucinda Finley. "Those person and say the same thing to theirface. who want to criticize her for speaking, at It's not a nice thing and no one wants to least she's trying...someone should never hear it...[The note] wasn't terrible, the anonymous part is spineless. Still, it's not be criticized for trying, because articulating your views orally is what you have to do very nice, but it's pretty harmless...l when you're a lawyer." wouldn't do it." John Alfano, also a 2L, said, "I think if Professors Finley and Marcus both suggested that Braen should look into hayyou have that much of a problem with someone, you should go up to them in person and not be cowardly and leave a note in their box. But, I also think that some people do tend to take up a too much of the class time that doesn't belong to them and they always feel like they have something to say, so I can see where it gets unnerving. But, it's still no excuse." Braen saidthat the note didn't embarrass her, but it did make her angry. "This person is trying to censor my right to talk, and it's not working." "It doesn't really affect me, after all there's been no further action, and the professors have all told me to keep talking..l don't need an apology. Somebody's being juvenile...it happens." said Braen. Braen said, "The reason why we're here is to learn how to make persuasive arguments and stand up for them. This note is the worst example of [this philosophy]. No reasoning behind why they saidthis and no nerve to say who did it." UB Law hosts national death penalty conference by Jessica Murphy, News Editor On March 2, 1996, UB Law School sponsored a conference on the death penalty, organized by Law Professor Marcus Dubber. Dean Barry Boyer introduced the conference, "For over 100 years, the profession, the society, and the political system of this state has been wrestling with this question of when and under what circumstances we can put people to death for various crimes." With speakers from as far away as California, the conference dealt with such issues as the morally optimal death penalty,, jury responsibility in capital cases, federal habeas corpus, and thelegality ofexecuting the innocent. James Liebman, author of the paper, "FatalDistortion: The Chronic Making and Unmaking of Death Penalty Law," dealt with the question of "...how is it that the [Supreme] court has come to in essence after 25 years, having tried very hard to avoid certain problems, gotten into a situation where those problems are stillpresent?" He then outlined the 1976 Supreme Court decision abolishing the death penalty as well as the situation leading up to the decision: Tn 1972," the majority of executions were-ttf 'rtvhrofity persons committing* I i� II � t | J £ I sion-making is a form of violence." Author ofthe paper, "The New York Statute as CulturalDocument: Seeking the Morally Optimal Death Penalty," Robert Weisberg described the death penalty as "...a mixture ofviolent governmental force andrational and emphatic humanity implemented through a particular type of legal instrument that tries to'kindof regulate_or bptimfze a use" of,power." He;explaine,d that the passings of a law neutralizes thfe ■ . Six-Hour Review ofKey T I VV Sun., April 14th 106 if-/ICC. IVUUIII IUU PI ACF- Room r/M^ ' 10AM - 4PM . r£ ,c- S'nnlSS Question ? £ !&cXcXcXc3 FREE! - St. John'sgrad, 1995 c ie Reviewed I I FOR additional locations & enrollment information, please see reverse. see Death Penalty, page 10 pay $75 or more for a CPLR minireview? I joined BAR/BRI &it was included for DATE: Guidelines to Tackling U1 A/f +T Testable Most New York Practice Issues c FITTER F UJVJL BUFFALO LAW SCHOOL Topics underlying issue because the law becomes the public's outlet. Weisberg described New York's statute as an "...apparantly elegant, humane, rational effort to do thebest for human life which thinking can do to separate those who do deserve the death or might deserve death from those...who don't deserve it." Franklin Zimring, speaking on his paper entitled, "The Wages of Ambivalence: On the Structure and Prospects of New York's Death Penalty Statute." Zimring thinks that the first New York execution _____________ COMPREHENSIVE OVERVIEW � | crimes against white victims. By abolishing the death penalty, Liebman says the Court "...invited itself to the death sentencing party," and that "...judicial deci- | PRESENTED BY PROF. VINCENT ALEXANDER prof MQxmdQr has taught CpLR for more than 15 years at St. John's University School of Law and co-mxthors McKinney's CPLft Commentaries. Prof. Alexander is outstanding. I learned so much about the CPLR 1 from him that I feel like I can now ace my CPLR exam. rsXoXoXvXoXoXoXoXcXoXoXoXoXoXoXoXoXoXQXoXoXoXoX | I E L |ft | I | P I fe | [W | L E �TgEpfiiffiffiy. 4 . , , ,« .. March 13, 1996 Founded 1949 Samuel S. Chi Editor-in-Chief KHMcK 1.3,.l996 HH opinion \/ i Volume -r/c No. 9n 36, kt EDITORIAL If n Steven Bachmann Dietz Managing Editor Business Manager: Deshikaßotejue News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: David Leone Art Director: LenOpanashuk Opanshuk Assistant editors:Features: David Fitch, Dan Killelea; News: JulieMeyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoff Computer consultant: PeterBeadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees The Opinion. SUNYAt Buffalo Amherst Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Springsemesters. It is the student newspaper of Ihe Slate University of New York at Buffalo School of Law. Copyright 1996 by The Opinion. SBA. Any reproduciion of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 724 O'Brian Hall), or placed in Box #640 on the third floor of O'Brian Hall. All copy must be typed, doubledspaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part of a dialogueand must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerning topics of interest to the law school community and must be no more than four pages double-spaced. 77tc Opinion reads and appreciates everyletter and Perspective we receive; we reserve the right to edit any and all submissions for space as necessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or lo a private mailbox if a self-addressed stamped envelope is provided. 77ie Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspapet are not necessarily those of the Editors or Staff of 77ie Opinion. "Congress shall make no law ....abridging thefreedom of speech, or ofthe press;..." The First Amendment -- Reassure Rape Victims To All Members of The UB Community: Sexual assault, sexual abuse, sexual harassment, stranger rape, and date or acquaintance rape are monumental problems for our society. Unfortunately, college nation immediately—contact Center for Student Health (829-3316). To preserve evidence, discourage her from changing her clothes or taking a shower. campuses are not insulated from these harsh realities. It is highly likely that as a member of a college campus community, you will know someone who is or will be a survivor of rape. As we face this problem, there are important steps we can take to assist someone who has been victimized. If a woman who has been raped, harassed, or abused chooses to come to you, as a friend, for support and assistance there is much you can do to help: • LISTEN: • Allow her to express her feelings without interruption. • Be patient with silences as she may be slow in talking. • If she needs help continuing, try repeating back what she has said. BE REASSURING: Believe her! A great fear ofsurvivors is that they will not be believed. Reinforce that the rape was not her fault, no matter what the circumstances. • Comfort her as much as possible Help her get counseling to work through the trauma (even if the rape occurred some time ago but she still has not worked through it). • Let her make her own decisions! You can help her work through her thoughts and feelings, but it is important that she has control over her life and her recovery; support her in whatever she decides to do or not do, even if you disagree. Call Sexual Assault Information Line (645-3411) for options in reporting and resources available. PROVIDE ONGOING SUPPORT: Be available throughout the next weeks and months —recovery takes much time. • Learn about rape trauma syn- drome (from the Crisis Services hotline or the Counseling Center) so that you know what to expect and can understand her reactions better. • Respect her rights to privacy and do not tell others of the rape without her consent. verbally. • Beware of physical contact as she may not want to be touched, but you can always ask if you can hug her (don't treat her as if she is contagious). • Provide things that make her feel warm and safe—a blanket, stuffed animal, hot tea. Make sure she has a safe place to • through this; it is natural to feel great stress when supporting a rape survivor—talk to someone "safe" (counselor, friend at another school, parent) about your thoughts, feelings, and sleep that night. needs. Do not talkabout gettingrevenge; focus your energy on her and her feel- ings. ENCOURAGE HER TO SEEK HELP: Call Crisis Services hotline for professional guidance (X34-3131). Go with her for a medical exami- FOR YOURSELF: • Seek support for yourself to work Rape, abuse, and harassment are community problems that can only be dimin- ished if our community stands together to support those who have been victimized. Yours truly, The Staff of the Counseling Center Lenby Graphic Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current that concerns the law sch lunity, write The Opinion. Letters lo the editor are best when written as a pitrt of a dialogue and musi not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than lour pages double-spaced. All submissions are due the Friday before we- publish. Your submission must be typed, doubied-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions for space as necessary and also for libelous content, we will not publish any unsigned submissions Send your submissions to The Opinion office or place them in o,>.v. 64<i events topic Jessup Brief Unfair To the Editor: Although I appreciated your effort to inform the law school community about the 1996 Jessup Atlantic Regional Competition, your coverage did the Regional Team a great injustice. Your choice of sources resulted in a substandard news article that presented a successful team in a very poor light. I am referring to the article entitled, "Jessup team faces obstacles: Defeat snatched from the jaws of victory" (Feb. 28). The article failed to mention that the Jessup team represented UB in a regional competition in which we don't usually participate. UB competed in the Atlantic Regional Competition because we hosted the competition in which we usually take part and were allowed to compete elsewhere. Although we are renown for our excellence in the Fasken first year moot, UB does not usually place well in the Regional Jessup Competitions. In fact, more often thannot we don't advance beyond the preliminary rounds. Thus when a UB regional team goes undefeated in the preliminary rounds, makes the semifinals, ranks fourth among twelve teams in a new regional competition, and brings back an award, it is hardly a matter of "snatching defeat...."It's a victory! You were correct in mentioning that the team faced obstacles but you failed to discuss the team's remarkable ability to overcome them. For example, UB never received a copy of the corrections and clarifications to the compromis (the fact pattern in International Court of Justice cases). Thus our team had to incorporate new facts in its argument during the competition and argue against competitors who had advance knowledge of these facts. The UB team did this with finesse! Hadyour news editorbeen more thorough in her research, the article would've captured the story more completely. The article was almost entirely based on the comments of one team member who happens to be a close friend of your editorin-chief. You also provided a quote from Jessup'sExecutive Director whois amember of your staff. While I have the greatest respect and admiration for these two Jessup col- leagues, the article clearly suffered from your exclusive reliance on them. Our Executive Director neither competed in nor coordinated the competition. I must admit that as the Regional Competition Director and Team coach, I was surprised that I was not approached regarding the article. However, my dissatisfaction goes to the fact that you did not take the timeto approach three of the four team members for information on an article concerning them. As a former news editor of the Opinion, I understand the challenge of getting sources for articles and meeting deadlines. However, when you are no longer willing to go beyond your staff or your circle of friends to get information for stories, you compromise the journalistic integrity and credibility of the Opinion. At best, the article was an example of irresponsible journalism! Sincerely, Karen A. Bailey Regional Competition Director, The Philip C. Jessup International Moot Court Board ■ Editor's note: Ms. Bailey was the Opinion's news editor for one issue during the 1994-1995 academic year.' �THE OPINION March 13,1996 5 Deliberations Editor-in-Chief Sam Chi "The quality of mercy is not strain 'd" People often seem surprised when I print Letters to the Editor critical of the Opinion. On the contrary, I welcome them as much as I welcome positive ones. Critical or otherwise, letters based on legitimate, wellreasoned groundsare a fuel that feeds the fire in the belly of a good publication and quickens the pulse of its editor. That someone wouldtake a stand and cast off the shackles of apathy and take an affirmative step to thoughtfully tell me and everyone else how they feel about a particular issue, story, or editorial is a worthy thing. Accordingly, I am thrilled to receive any letters at all. It was with this mindset that I accepted a letter for publication in this edition ofthe Opinion. After the initial joy at knowing that least one other person actually read the Opinion, (and was kind enough to write), my mood soured. Instead of thought provoking feedback, I was disheartened to find a letter about our coverage of the Jessup Regional Competition little more than petty grousing. My first reaction was simple regret. Here, our News Editor had gone to the trouble of writing what I thought was an uncontroversial, almost flattering, article about a facet of UB Law that often goes unnoticed. But now her integrity is im- pugned simply because a positive story wasn't goodenough. Granted, she may have been more thorough; but she decided to pursue this story at deadline, forsaking other articles she could have written, and labored because we felt that the Jessup team merited mention. primary source of the story is a good friend ofmine, he was not interviewed exclusively because of that fact. He was quoted because he was a member of the team and because he was available at press time. Jessup's Executive Director was consulted because he is the head of the Jessup Moot Court Board. It is good journalistic pracPositive coverage wasn't flattering tice to solicit comment from the head of an To her credit, theletter's author maybe organization. If the Executive Director is correct in her assertion that the story may not qualified to speak for a group, than who not have been fair—hard news should be is? To set things straight, whilethe execuobjective and fair. An objective, fair story should haveentailed gettingcomments from tive director of Jessup was a member of the the other competitors or the tournament editorial board last year, he is not a part of organizers. Onecan onlyimagine the choice the current Opinion staff. The Opinion comments they would have spewed upon staffconsists ofthe Editorial Board and the hearing our side of the story. But the fact of assistant editors. He is included in the staff the matter is that this was not a straight, box to honor him for his help with our investigative, hard-news story. It was a computer. Despite his busy schedule, he featuresy piece designed to showcase the persists in this role as a favor to me, simply accomplishments of the Jessup Regional because he is my friend. I make no apoloteam. To call a story "irresponsible jourgies for my friendships; rather, I cherish nalism" because positive coverage wasn't them. I regret that these friendships have positive enough is nothing more than a se- opened up innocent people to unwarranted rious waste ofwords. sniping. In fact, the news editor followed legitimate, credible journalistic practice. The It's a mad, mad world Opinion has an ethical duty to report the Perhaps this incident is indicative of a news accurately. I, and the staff, take that larger trend. I have found out that the world duty very seriously. While it is true that the is often bitter, apathetic, petty, and mean. . The rise ofPat Buchanan makes me believe that it seems to grow increasingly so. When I first decided to become a journalist, I did so because I wanted to make a difference. I would follow in the footsteps of Jacob Riis, Walter Cronkite, and Woodward and Bernstein. I would change a cold and jaded world. I would make a positive impact. My heart burned with an idealisticfire that gave a frenetic energy to every lead I tracked down and impassioned every story I wrote. But set against the apathy, pettiness, and meanness of the modern world, that fire gradually began to wane. To preserve what was left, I decided to get out. I went to law school to get tools to continue the struggle. I thought for at least three years I could avoid petty machinations and bitter people. I guess I was wrong. I bear the letter's a hor no malice. I respect her right to ex: ess her opinion. Furthermore, aside fron nderstanding she was a News Editor of the Opinion for only one issue, I barely know her. I assume she knows just as much of me. In the end, the whole affair is not that big a deal. We will still cover Jessup and every other law school event to the best of our ability. The world will still spin, and I will still wTite, but the idealistic fire that once raged ght, now burns just a little bit dimmer. Perspective Menelik R. Alleyne, 2L ... Thoughts on my first SBA meeting It isn't what it's cracked up to be! As I sithere in the SBA meeting, I think about how great it isthat people came out to see how SBA's last few dollars would be allocated. From what I understand, this was the first time students, without proposals, came out this year justto get an understanding as to what is really going on in their law school. The room was packed withstudents occupying every seat, sitting on the floor, and even standing just outside the room. In fact, the room was so packed with people hoping to have their questions answered, the SBA couldn't even determine in what order they would take questions from students. Did someone say "Robert's Rules ?" or "Pete's Rules ?" - Whatever! Due to the fact that we were down to the wire with SBA money and trying to manipulate the last few dollars, much thought had to go into the funding of the remaining significant activities at UB Law. Of these activities, the Students of Color Dinner was of primary importance. However, also significant were other activities, some of which had already been promised by SBA, like the BPILP grant, and "start up" money for a new Women's Group at the law school. In any event, I was absolutely floored by the many grand ideas and work being put forth by many student groups like LELA, and NLG (just to name a few). During this meeting, there were many times that the sentiment of the SBA was to reject the proposal, or at the very least to grant an amount significantly decreased from what had been requested. It was during these times that I witnessed fellow student groups volunteering to donate a portion of their own insufficient funding to other groups for what they thought was a greater cause and significance. The Opinion even offered to assist another student group program - No how is that for "talking the talk, and walking the walk." I must take my hat offandthankpeople likeCraig(of LA.TI.S. fame), Martha, Jo Anne, and Dan Werner for providing guidance at the meeting and really exemplifying commitment to equality, compromise, and frankly what is just no matter what the cost. I have no doubt in my mind that we would have never gotten this far if it weren't for those SBA board members whom possess some level of competence. From the start, Alfredo's motion to change the way SBA had been voting on proposals, giving everyone a fair opportunity, was terrific(..what, you mean actually do something different than how initially imagined? - never!); although it didn't take a brain surgeon to figure this one out. As I said earlier, the big issue was MONEY. It is unfortunate that many have forgotten that as a state school in the SUNY system it was Gov. Pataki thatscrewed over educational funding, and will continue to do so. We must not forget that, at the rate things are going, UBLaw couldvery well be on the chopping block as a line item. SBA should be fighting for us as students. It amazes me that we are all a bunch of lawyers, and yet no one knows how to lobby. - SBA should not only lobby, but they are is an organization that organizes students within the State Universities in an effort to supposed to motivate the students into beachieve common goals. UB Law was once coming moreactive in Albany. It is apparent to me that SBA has not been interested a member of SASU, and in the words ofthe in achieving this goal. I am speaking from Field Director "What happened ?" Particularly at a time when SUNY's budget has experience in that as soon as the new (1995-96) SBA board was elected, I brought up been reduced, SASU continues to play a thisvery issue, and arranged a meeting with vital role in keeping student issues alive, one ofthe Field Directors from the Student and lobbying for funding (among other Association ofthe State University ofNew things). Although the Field Director came York (SASU). SASU, based out of Albany, See Money talks on page 11 lei LrJ BAR/BRI \A I BECAUSE ' why EXPERIENCE COUNTS TM Let Ihe POWER OF EXPERIENCE work for you �6 THEOPINION MOOT PAGE/NEWS March 13,1996 Niagara cup competition UB 2Ls focus on salmon fishing rights by Mary C. Raymond, Special to the Opinion The UB -Jessup Moot Court Team memuers were greeted warmly by our hosts at the Niagara Cup Tournament held at Case Western Reserve Law School the first weekend of March. Thiscompetition focuses on issues related to Canada and the United States. We, Applicants, represented Canada, our Respondents, the United States. A reception was held at the rustic Glidden House-across from the Law School in downtown Cleveland. We were ecstatic as we received our packets and discovered that we had survived the first "scoring" battle of the competition. We did not commit any "deductible errors" on our briefs! The rush to the finish line during winter break did not result in any errors for either the applicant or respondent!! We were ready and confident that we were on a level playing field. We spent the rest of our "free" time practicing at the hotel with our coaches, and set off for the first round. Our team members felt it was important to support each other [not to mention the added benefit of "spectator participation"] so we attended all four rounds as a "team". Soon after the first round began we recognized we might be "disadvantaged" in this competition. The Participant Program packet included information on the com- Moot Court Briefs by Jessica Murphy, News Editor Desmond duo hits D.C. Darci Hoff and Jennifer Sommers. 3Ls, recently participated in the Burton D. Wechsler First Amendment Moot Court Competition, hosted by American University. The pair reached quarter-final competition. The Hoff/Somrners team argued both sides of the selected issue as well as collaborated on a brief in support of the petitioner in the case of State QfMtM V. ClMchttl the MffllttAmfrfcnk- The case dealt with the Religious Freedom Restoration Act and First Amendment claims based on the free exercise of religion and freedom of speech clauses. The pub itc<ivi-J in'.iiu:'- for the comretitioi: overall. •■ iwiirtl; ihsl orief 3L's thrilled with Mardi Gras 3L's Terri Brophy and Hilary Banker competed at Tuiane University Mardi Gras Invitatoinal National Sports Law Competition in New Orleans, La. The Brophy/ Banker team progressed to the third round of the "sweet sixteen" level of competition. Brophy and Banker arguedthe caseofShctidan v. University of Mars, focusing on questions of educational malpractice tort and breach of contract. Brophy said."Tuiane University did an excellent job of hosting the competition. They planned the competition to be over tJtly. so we would have a weekend in New Orleansdunng Mardi Gras Most of our functions were held on Burbon Street It was unbelieveable! We also did better in competition than we had expected, so it was a great experience.'' petition rules, "stick to the facts of the compromis" and "stick to international law." This was important because the issue was the Pacific Salmon dispute and the literature we all relied on was rich with"added facts." We were very surprised as the Applicant's argument was based on facts outside of the Compromis and on the internal laws ofbothCanadaand the United States. We waited for the judges to "notice." This did not happen! The Team members reconvened to discuss our strategy. We had all reviewed the same information in our research, the question was should we revise our arguments outside of the facts or stick to the rules. The choice was - clear-we would stick to the rules. As we moved from round number one to round number four, the playing field develop deep ruts, lakes and mountains. Not only were teams bringing in outside facts and law, but judgeswere commending them on their research and "scolding" us for using the now familiar phrase "With all due respect your excellency, the facts you are questioning are not the facts stipulated by the parties in the Compromis." At the coaches meeting, the UB contingent raised the issue and, as we suspected, the judges were not informed of the "rules." Following this meeting, our coaches felt compelled to share course) the rules. The judges were shocked to find that the factors they were commending teams for were not allowed. The UB Team stuck to the high road and the end result was not bringing home the trophy, but we did benefit greatly and we were able to work on development of a very important skill. That skill: how to say "IRRELEVANT' in one hundred different ways. Editor's Note: The team brief placed ninth overall, and the UB Team placed 13th in a field of 16. The UB Law 2L competitors at the Niagara Cup Tournament were: Gil Michel-Garcia, Daniela AlmeidaQuigg, Mary C. Raymond, and Kathryn Lee. with the judges (after scoring ,of Crim Law Society sponsors alt. incarceration speaker by Sarah Braen, Reporter New York Supreme Court Justice Barbara Howe spoke on Alternatives to Incarceration on February 29. Justice Howe's speech was sponsored by the Criminal Law Society. "Since incarceration is pften not cost effective and does not achieve the desired result," Howe said, "many alternatives have been created. In applying these alternatives, it is important to remember the desired end. Towards this end, the question, 'What is justice?' must be asked and answered." The alternatives may be applied at three different times in the judicial process: pre-trial, post-trial, and post incarceration. Pre-trial options are limited primarily to drug or alcohol rehabilitation programs for people accused of drug or alcohol related crimes. Intervention programs for young prior offenders may also be used. Other alternatives are house arrests and electronic monitor- way for the criminal to giveback society to make up for what they took from it. Some even find they enjoythe volunteer workthey find and choose to continue, according to Howe. Community service is also a way for some criminals to learn valuable skills in interviewing, finding ajob, and following a work ethic. This enables many of them to find productive jobs at the end of their service, giving them an alternative to crime. Parole and probation are methods of community monitoring. The parties in these programs must meet regularly with their caseworkers and show that they are not returning to crime and are fulfilling any other criteria set by the court. Of the 35 students who attended, most agreed that the alternatives discussed were good ideas. One student said that the options "would relieve a lot of to State Supreme Court Justice Barbara Howe ing. Post-trial and post-incarceration alternatives are more varied, including community service, pro- bation, parole, rehabilitation, electronic monitoring and work release. These are programs which encourage the party to take responsibility and build trust, Howe said. Community service is often given for misdemeanors. It is a burden on the jail CIRCLES announces the selection of Editors-in-Chief by Mike Chase, Features Editor The Crystal Ball Futuxe moot Court competitions UB Law will see the Desmond Moot Court Board sending 3Ls Bill Gargan and Melissa Fingar to Vanderbilt University to represent UB in the First Amendment Competition. The Gargan/Fingar team will compete in two weeks, and their argument topic revolves around tobacco advertising. The Jessup Moot Court Board is sending its first year team lo compete in Toronto this upcoming weekend. UB Law first-years will lace competitors from Queen's University, Osgoode Hall, Cornell University, Syracuse University, and University of Toronto. Traditionally, UB Law has made an The Buffalo Women's Journal of Law and Social Policy, CIRCLES, recently announced its selections for Co-editors-inChieffor the next publishing year. Stacy Davis, 2L, andKaren Moss, 2L, will take over for outgoing Co-editors-in-Chief Susan Hughes, 3L, and JoAnne Howlett, 3L. Second-year student Rhonda Cowie will fill the role of Managing Editor. The group is still looking for a Grant Writer and a Submissions Editor. CIRCLES, first published in Spring 1992, is dedicated to legal and social issues affecting women. It was the first interdisciplinary women's law journal in the nation. "We include fiction, poetry, and artwork and we work with the women's studies department here at ÜB," explains Davis. "And, we encourage submissions." voices, women's perspectives, and a discussion of social and legal issues related to women's says lives," Howlett. If you are interested in participating in Stacy Davis, 2L andKaren Moss, 2L The journal currently publishes once yearly in the spring. The 1996 issue is due out today. Those students interested in taking an active role in CIRCLES are encouraged to do so. Thejournal gives students a unique opportunity to create a publication which dealswith law in ararely-explored context. "We create a space for CIRCLES, stop by Room 11, or More News see page 10 �FEATURES March 13,1996 7 THE OPINION National Fellowships Awarded Three UB Law students procure prestigious public interest endowments says with a smile. by David Fitch, Asst. Features Editor Prestige was bestowed upon UB Law and three graduating law students recently when they were awarded national public interest post-graduate fellowships. Julia Hall Julia Hall was awarded the W. Sara Meerse Sara Meerse became only the second UB law student to be named a Skadden Fellow since the fellowships were founded in 1989. Skadden is a huge private law firm that developed the program to give law students or people finishing judicial clerkships an opportunity to follow theiraspirations of practicing public interest law. Of the 212 national applicants, only 25 were selected as Skadden fellows. They will receive a salary for two years to work on a project they Left to Right: Dan Werner, Sara Meerse, and Julia Hall develop with an existing public interest agency. "Skakken pays [$32,500 a something that could [apply] genershe was asked to distinguish her project, they also have a loan ally to children's issues. But the speyear] and in light of the extreme competition, repayment program, [while] theagency cial education is what I've found to be from the other semi-finalists. "For your working with pays your fringe most compelling. I'm in the Special me, it was the remote location. The benefits," says Meerse. Education Clinic now and I have a highway ends as soon as you get into Meerse's project entails workconcentration in Child Welfare in the the county, and the county [encoming in Aroostook County, Maine, with School of Social Work, so children's passes] over 7,000 square miles, so Pine Tree Legal Assistance, Inc. on issues have always been an interest of it's cut off from everything. I think cases involving children's issues remine. And when I found out there that the area itself is what made my lated to housing, health care, and spewere no special ed services at all [in project compelling," she notes. cial education. She was introduced to Aroostook County], I thought that was Meerse says she is very excited the program, which isbased in Presque unbelievable. It just seemed like a about becoming a Skadden Fellow and Isle, last summer when she spent four good way to reach out," she explains. having the opportunity to pursue her months serving local needy clients Meerse believes that Presque interests in children's welfare. If the through a National Association of Isle's extreme rural conditions had next few years go well, Meerse hopes Public Interest Law (NAPIL) fellowsomething to do with her being se- to work her project into something ship. Regarding an idea for a project, lected for a fellowship. During her more permanent and stay in Presque Meerse says she was "looking for interview as one of 65 semi-finalists, Isle. "I'd like to beable to do that," she .. Bradford Wiley Fellowship in Human Rights by the international public interest organization Human Rights Watch. The fellowship is based in international human rights and it's available for graduating law students or recent law school graduates or graduate students in journalism, international relations or area studies. Human Rights Watchchose Hall over several hundred applicants. The year-long, $30,000 fellowship will station her in New York City with opportunities to travel around the globe. In discussing what will be expected of her, Hall explains that a W. Bradford Wiley Fellow is "basically responsible for research in an area of humanrights, [usually] one with which you have some familiarity with. My familiarity is mainly with the [United Nations] system and with women's human rights. [I'll] have to conduct at least one human rights field investigation which entails traveling to a country and doing very meticulous research to understand the types of violations that have occurred in that country." Human Rights Watch's goal is to make governments pay a heavyprice in reputation and legitimacy if they oppress the rights of their people. "It's public interest law, but it operates on a international level," she says. See Fellowships on page 9 Judicial Reading of Licensing Statute Bolsters Gun Control Effort inside... tution, public or private, for mental illness; and (d) concerning whom no good cause exists for the denial of a li- The Death Penalty Symposium by Mike Chase, Features Editor recent decision by the New State Court of Appeals reins the authority of firearm licensing officers, particularly those in Upstate New York, to place limitations on "carry concealed" licenses. In Matter of O'Brien v. Keegan. 1996 NY. LEXIS 69 (Feb. 16, 1996), the Court of Appeals reversed a Third Department decision granting a gun owner's petition to remove restrictions from his license which limit it to hunting and target shoot- K\ The issuance of firearms licences is governed by Section 400.00 of the Penal Law. Subsection (1) of that statute reads: No license shall be issued or renewed pursuant to this section except by a licensing officer, and then only FEATURES cense. Subsection (2)(f) further provides that a carry concealed license shall be issued only wherejhe appli- Opanshuk Lenby ingand target shooting. When O 'Brien protested, Judge Keegan met with him to reconsider the restriction. The licensing officer adhered to his original determination when the only reason articulated by the petitioner for maintaining an unrestricted license was "it makes me feel better." The petitioner appealed this restriction to the Appellate Division. In a 4-1 decision, the Third Department held that a licensing officer is not allowed to make a "proper cause" inquiry when a license is merely being SOLAR Film Series See Gun Licensing on page 9 graphic cant has demonstrated "proper cause ... for the issuance thereof." Since 1990, petitioner Jerald O'Brien had held an unrestricted license to carry a concealed weapon. His license covered three semi-autoafter investigation and finding that all matic handguns and a revolver which statements in a proper application for were registered under his name. On a license are true. No license shall be December 8, 1993, O'Brien sought to amend his license to substitute one issued or renewed except for an applirevolver for an already-licensed recant: volver and to add another semi-auto(a) of good moral character; (b) who had not been convicted matic pistol. The licensing officer, Albany anywhere of a felony or a serious ofCounty Supreme Court Judge Thofense; (c) who has stated whether he has mas W. Keegan, granted the applicaever suffered any mental illness or tion but placed a restriction on confined to any hospital or instiO'Brien's license limiting it to hunt- a] LrJ A -\ WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let the POWER OF EXPERIENCE work for you �PHOTO ESSAY THE OPINION March 13,1996 DEATHPENALT DEATHPENALTYCOFR CONFERENCE TWO of a kind? You may recognize the man on the right as law professor Markus Dubber. However, the man on the left may not be so well known to you; he is Paul Johann Ansalm Feuerbach (1775-1833), a German law theorist. What do Markus Dubber and a dead lawyer have in common? Criminal law. Feuerbach was a drafter of the Bavarian Penal Code of 1813. Dubber currently teaches Criminal Law (including the Model Penal Code) and he recently hosted the New York Death Penalty in Context Conference at the Law School. Markus Dubber, Dean Boyer, Dean Olsen, and Conference Speaker Mark Mahoney Dean Boyer: Opening remarks Speaker James Liebman; Fatal Distortion: The Chronic Making and Unmaking of Death Penalty Law Markus Dubber: Comment on first panel of speakers Leone S. David Markus Dubber and SUNY Law Professor Charles Ewing Buffalo Law Review by Phot s and Pictoral Speakers Samuel Gross, Michigan Law School, and Susan Bandes, De Paul I Irtiworcitw Pnllono r\i I au/ Conference Assistants �. Gun Licensing, ADVERffiSESflffitfT* March 13, 19^., < .■ :• Rmeo andoM continued from page X '■'■■' '.- .• .- -• ? . -' ■' '? •" 'T ■' •• ■ - 9 by DavldS. Leone amended to add firearms. The court then granted the petitioner an unrestricted license. The Court of Appeals unanimously reversed that ruling, asserting that "[t]o find [as the Third Department had] would nullify the purpose underlying a formal amendment procedure and conflict with the dual aims of Penal Law § 400.00." Those dual aims were identified as regulatory and public safety. The Court further heldthat the "[petitioner's inability to demonstrate a need or much less, any reason — for an unrestricted license, which would permit him to carry several concealed firearms, supports the licensing officer's finding that there was no 'proper cause' to justify an unrestricted carry concealed license." The Court's decision in O'Brien follows a another recent opinion, In Re Matter of O'Connor v. Scarpino. 83 N.Y.2d 919 (1994), where the authority of licensing officers to place restrictions on carry concealed licenses was inferred from "the licensing officers' power to determine the existence of 'proper cause.'" The Court's decision is particularly significant outside of New York City and Long Island, where licenses are subject to renewal and proper cause inquiry - every three or five years, respectively. No such renewal requirement is found in Upstate New York. — - - - Famous though often misinterpreted cases. Wk am 11.Pr '7*"* fflflt • ' j?ver} IPIL / . thousands ofkids bniig'guosttjsclKKi. L FindourlKwtohefceetguns » asotchudK!>. ,^H| -f goo WE PREVENT Fellowships Hall's interests in human rights were at a international level long before she matriculated as a UB law student. She had spent many years in various locations overseas including Egypt, Australia, and southeast Asia where she worked in Thai-Cambodian refugee camps on the border of Thailand and Cambodia. "I had always been kind of in the international scene, but [I] could never clearly articulate what it was that I was doing," she says regarding her desire to attend law school to develop her advocacy skills. Hall admits that the "only reason I came to law school [was] to do humanrights work. I had been doing it before in nonlegal settings, and [I] thought that the best way to do it more effectively was to get a law degree. So, to receive [the W. Bradford Wiley Fellowship] is quite wonderful because it really is the logical outcome of what I always wanted. It [has] really made the law school experience well worth it." W THE OPINION! & Stop by Room 724 or rfro/7 a note in &ar #<t540 /or more in/o I continued from page 7 paid the equivalent of the starting salary, (up to $30,000), ofthe public interest agency their project works through. During the second year, theagency must pay for halfof the Fellow's salary. For the next two years, Werner will work for Florida Rural Legal Services on cases involving migrant farm workers. He came in contact with the Florida agency while working with migrant farm workers in South Carolina on a NAPIL Rural Legal Corp. fellowship last summer. "Because this program was understaffed, Florida Legal Services was very involved and sent people to help with the litigation," Werner recalls. "At the end of the summer, I knew I wanted to go back to the Southeast to continue working with migrant farmer legal issues, and I talked to a Florida Legal Services member about being sponsored and started to lay the groundwork for putting together my proposal," he adds. Like his two classmates, Werner's Dan Werner Dan Werner received the Equal Justice Fellowship from the National Association of Public Interest Law (NAPIL). The organization looks at an applicant's com- decision to enter law school was a means to an end. "I came to law school to do public interest work. I was very clear on that when I came here. Right away, I started getting mitment to public interest work, the work they've done in the past, and the strength of an applicant's proposed project in selecting fellowship recipients. Graduating law students and attorneys alike are eligible for the two-year fellowship. Werner was one of only 10 people this year selected by NAPIL to receive this national fellowship from a pool.of oyer 200 he notes. applicants. The Equal Justice Fellows are JOIN l involved in [public interest] organizations," .. Werner is quick to attribute his success of being awarded a national public interest fellowship to his local surroundings. "Whenever [I've] talked to public interest lawyers and they find out that I go to and the ÜB, they are very impressed Career Development.Qffice has really help me every step-pf JbejW.-ay.", (771 WHY LrJ 1; • BAR/BRI j BECAUSE EXPERIENCE COUNTS Let (he POWER OF EXPERIENCE work for you 1 j A A �NEWS . THEQPINION 10 Local News Vacco speaks at UB Law by Jessica Murphy, News Editor On Friday, March 1, 1996, New York State Attorney General, Dennis C. Vacco presided at a public hearing on juvenile crime held at UB Law School in an effort to combat against school violence and youth victimization. Similar "speak outs" concerning these subjects have already been held in Binghamton, Syracuse, Rochester, White Plains, Long Island, and Albany. Various local community leaders attended to offer their views and suggest solutions to the juvenile justice problem family couTts regularly face. High school students from the area also attended. "Schools should be sanctuaries for learning—not places where youngsters have to fear being attacked or robbed or accosted by drug dealers," said Attorney General Vacco. Speakers included: Assembly Republican Leader Thomas Reynolds; Erie County Sheriff Thomas Higgin; Erie County Sheriff; Erie County Court Judge Janice Rosa; Buffalo Police Commissioner Gil Kerlikowske; Susan Croglio of the National Conference; Andrew Thomas, Director of the Center for Dispute Settlement; Criminal Justice Professor, Roger McNulty of SUCNY Brockport; Niagara Falls School District Superintendent Carmen Granto; local area student Nick Joniga as well as Attorney General Vacco. Concerned members of the community also were present. Bait and shoot restarted by Jessica Murphy, News Editor Amherst is reinstituting its "Bait and Shoot" programthis spring. It was begun last year as an attempt to control the deer population in the Amherst area. Amherst Councilman Michael McGuire explained the program will be implemented by Amherst Police Department Volunteer sharpshooters. The program is "strictly" governed by the rules and regulations of the Department ofEnvironmental Conservation. The baiting and shooting of the deer would occur in the very early morning to ensure that none of the community would be disturbed. McGuire saidthat the venison producedby the "Bait and Shoot" program will be donated to metropolitan Buffalo soup kitchens. Last yeaT, the "Bait and Shoot" program provided over 40,000 mealsfor the homeless in Buffalo. The program reduced themci dentof deer/carcrashes the in Amherst areaby 40% last year. McGuire said,"The main purpose behind this program is to reduce or eliminate the chance of a deer/car collision fatality." Tax return tips by Julie Meyer, Assistant News Editor The April 15 deadline for federal tax returns is rapidly approaching. Your blank 1040 form glares at you as you scramble to find your W2s. Before madly dashing through the form, you should consider the following tips: 1) DOUBLE CHECK YOUR MATH, INCLUDING TOTALS. An incorrect figure will surely delay your refund. 2) MAKE SURE THAT YOURFORMS AND FIGURES MATCH. The IRS generates an automatic letter if it detects any inconsistencies, and forces you prove your figures to them. This delays the processing of your form. 3) DOUBLE CHECK THAT YOU CHOSE THE APPROPRIATE TAX RATE. If you are using the tax tables, you can easily choose a tax rate from the wrong column. You will end up paying the wrong amount of tax. 4) MAKE SURE THAT YOU HAVE "COPY B" OF ALL W2 FORMS. By leaving out a form or by attaching the wrong copy, you delay processing of your return. 5) DOUBLE CHECK THAT YOUR CORRECT SOCIAL SECURITY NUMBER IS ON THE FORM. The IRS will not be able to process your form without the right social security number, as it cannot verify your identity. 6) KEEP A COPY OF THE RETURN FOR YOUR RECORDS. If you are everaudited or need to correspond with the IRS about your return, you will want to be able to refer to your form. Finally, 7) DOUBLE CHECK THAT YOU SIGNED AND DATED YOUR FORM. The IRS will not process your form without your signature. If you are Net-fluent, you can check out a couple of sites to help with filling out your tax return. The IRS has set up a one-stop electronic filing income tax page at: http://www.irs.ustreas.gov/prod/elec_svs/fed_state.html. You can file both your federal and your New York tax returns through the steps outlined onthis page. The advantage to electronicfiling is that the IRS notifies you when they receive your tax forms. Also, refunds can be directly deposited into your savings or checking accounts. This site is also useful for accessing tax regulations and taxpayer help. Another helpful site is: http://www.irs.ustreas.gov/prod/tax_edu/faq/index.html. You can access the IRS' most frequently asked questions about any tax form through this site. So, before you seal that envelope and drop your return in the mail, check it over. Most importantly, as UB Law Professor Ken Joyce says, "Don't leave any lines blank." Youth Court by Sarah Braen, News Reporter People agree that being on trial, especially on a criminal matter, is not a pleasant experience. This is an even more unpleasant and even scary experience for the children brought to trial in Family Court. These children have another option for disposition of their cases. This option is the Erie County Youth Court, held in Orchard Park. Some cases may be removed to this forum with court permission. Youth court is supervised and advised by local attorneys and judges, but it is run by high school students. A senior sits as the judge and other students are the advocates for the children. The case facts are reviewed and, if necessary, compulsory school attendance or community service are assigned. This program always welcomes the assistance of additional advisors. U.S. works to lift embargo The newest rift in theenvironmental movement lies in the amendments to the 1972 Marine Mammal Protection Act, which forbade imports of tuna caught using nets to encircle dolphins. Dolphins swim with tuna in certain parts ofthe Pacific. B~efofeThe~act, as many as 500,000 dolphins were suffocated in the nets each year. In 1995, the number of dolphins killed by tuna fisherman had dropped to 5,000. As Mexico and otherLatin American countries caused the greatest number of dolphins deaths, the U.S. barred tuna imported from those countries which failed to protect dolphins. Since the embargo, Mexico has developed a new method for catching tuna, by encircling the fish and the dolphins with fishing boats, resulting in the dramatic decrease in dolphin deaths. Alaska Senator Ted Stevens has introduced a bill to lift the U.S. embargo in light of the new technique. California Senator Barbara Boxer has introduced a competing bill lifting the sanctions on the Latin countries but maintaining the embargo on vessels that catch tuna via encircling and suffocating dolphins. Sources: Time Magazine and U.S. News and World Report First Lady visits Buffalo by Jessica Murphy, xNews Editor The Buffalo Teachers' Federation awarded, First Lady, Hillary Clinton the 1996 Teacher's Recognition Buffalo Teachers' Federation Award this past Wednesday, March 6 X 1996, at Shea's Theater in Downtown Buffalo. Every teacher in the Buffalo School District was invited to attend, and was given the day off to facilitate attendance as well. School children from all overthearea were there, too. Buffalo Mayor, Anthny Masiello,-Congressman, John LaFalce(NY-D) as well as a host ofother local school and community leaders were in attendance. Mrs. Clinton addressed a capacity crowd, starting her speech with, "I am overwhelmed by this honor...that you choose me." Mrs. Clinton described public school teachers as "...people in the front lines day after day, doing what they [can] to make the future better for our children." Mrs. Clinton explained that public schools are often "a refuge for children" and that schools are often the place where "social problems end up." Mrs. Clinton suggested that less television watching, more open dialog between parents and teachers, more respect for teachers, andmore parental involvement will solve many of the problems public schools face today. Mrs. Clinton firmly stated that the problems and solutions have been identified, but that the implementation is hardest part. Sheadvocated hope, saying that "...the belief in the common enterprise of public education is what made this country so great, because we believed in the capacity of all people no matter...what..." Mrs. Clinton did show a good sense of humor, cracking jokes about the braving the snow, and also making an Anchor Bar/chicken wing*reference. .March 13/1996 Join the Opinion Death Penalty, continued from page 3 will take 20 years to happen. The fastest time for a Northern state to execute a criminal after the passing of death penalty statutes was 14 years; the median time was 19 years. His study concluded that an enormous lag exists between the passing of death penalty law and actual executions. He said, "The New York law in its procedural design and context is probably the worst case you can find in a major American state for producing an actual execution." Remarking on the New York law's constitutional strength,Zimring said, "The statute is brand new, it is enormously complicated, and for capital punishment legislation it creates enormously high minimum standards for potential valid death penalty. It is in essence a law that from a standpoint of potential constitutional challenge is wearing a kick-me , •sign.-~ -..... • THE PHILIP C. JESSUP INTERNATIONAL MOOT COURT BOARD n IS PROUD TO ANNOUNCE THE 1996 FASKEN CAMPBELL GODFREY TEAM: Anne Marie Bevilacqua Deshika Botejue Martin Cortez Theresa Cdsimano Brian Eckman Leanne Gramlich Greg Mattacola Max Raterman Steve Grieco Bridget Niland Ashmali Mckay David Christopher Decker WE ARE ALSO PROUD TO OFFER ASSOCIATE BOARD MEMBERSHIP TO THE FOLLOWING INTRAMURAL COMPETITORS: Jeremy Best Allison dunlop Kelly Fitzgerald Brian Gwitt David Kelly Jeffrey Reese Scott Riordan Vafa Samati �THEOPINION March 13,1996 Money talks, students' concerns walk all the way from Albany, we were both blown off like last Sunday's Buffalo News! From that point on, the tone was set for how the SBA would conduct its business. Almost a year and over $22,000.00 later SBA has not made the right power moves. My suggestion is to do alot more than socializing, and lobby, lobby, lobby!!! Speaking of over $22,000, the Treasurer was not present at the SBA meeting, albeit for a valid reason. However, there is NO EXCUSE for noone else on the SBA Board not to know what's going on with the money. The Treasurer's absence gave yet another clear reason why that role is essential and should have at least one other person intimately involved with the bookkeeping and double checking of all transactions. More than one signature should be required to cut a check. While I was impressed that all student spectators . continued from page 5 stayed for the entire meeting, this was only one meeting; However, it would bring me much joy if the SBA would perhaps not too little but definitely too late. Everyone come to those same allocations and conclusions even if should have come out in the beginning of the year, and there weren't over 60 other students in attendance. My continue throughout the year in an effort to make SBA only suggestion for anyone going before the SBA board is to tape record the entire meeting, especially if you are responsive to ourconcerns. ACCOUNTABILITY is something people always talk about do not hold the SBA as some given any money, because at least problems ofaccountabilexception to thisrule. The entireSBA board needs to be held ity could be kept to a minimum. So, all you fellow law students who are thinking about accountable for everything they do, have done, and should have done. The SBA is your student organization, and you taking an SBA office in years to come, think about these should feel comfortable in going to them with issue(s) to be issues because I intend to ask you about it (and I highly resolved before going elsewhere. doubt that I will be the only one looking for answers). I guess after a while I didkind of feel sorry for those Accountability, startingfrom the top downward, isthe key SBA hoard members who started looking a bit tired and word for any incoming SBA board member for the 1996haggard after several hours, when dealing with business that -97 year. While I was impressed with some people at the should have already been properly dealt with. This meeting meeting, I was disappointed by others. Come on folks, can was very productive, and groups got a fair piece of the pie. we get it together? - SOLAR sponsors film series by Kristin Greeley, Asst. News Editor "Jane: An Abortion Service" is third in the series. It documents an underground abortion service that performed safe, inexpensive abortions prior to the 1973 Roe v. Wade decision. The fourth installment in the series addresses issues of cording to Smith, will be shown on April 16. A second animal rights filmwill be shown the following week. This film addresses marine mammal protection The series runs from March 12through April 30 and films and the Sea Shepherd Conservation Society. The film's will be shown every Tuesday at 7:00p.m. in O'Brian Hall, focus is on illegal whaling and fishing. Room 109 Free soda and popcorn will be "Human Rights in Central America" is ~,,------_. served. the final film in the series. The film deals THERIGHTS MOVEMENT FILM SERIES The scheduled films document a variety o withthe U.S. government's cover-up ofatrociMarch 12... CIVILRIGHTSMOVEMENT social movements in recent history. The firs ties committed against Panamanian citizens March 26... NATIVE AMERICAN RIGHTS films, shown March dealt with 12, two on the during the U.S.'s invasion, and the media's PRO-CHO \FE ABORTIONS April 2... Civil Rights movement. Part ofthe "Eyes on the failure to report them. 9... ENVTRONMENTALPROTECTION/LOGOrNG April these Prize" documentary series, filmsaddressee "SOLAR believes that the animal rights April 16... A topics ranging from the work of Martin Luthe movement is in many ways an extension of April 23... MARINEMAMMALPROTECnON King, Jr. to the Black Panther movement. history' s ongoingrights movements" explains April 30... HUMANRIGHTSINCENTRALAMERICA came to "About 25 people the first film, Smith, "Just as people at one time considered said SOLAR director Rob Smith, 3L. "People Alt films are shown at 7:00 in Room 109 O'Brian Hall. it ridiculous when people called for equal really enjoyed thefilms. I'm hoping it will pick for African Americans and women, omentum." Environmental Protection with respect to the logging indusy people currently do not believe that the animals we The second film night, slated for March 26, shows try. A short video of civil disobedience set to the music of c this planet with are entitled to live out their lives imerican Indian Movement and its leader, Leonard Jane's Addiction will be shown after the movies. out being used and exploited by humans." Peltier. It is believed that Peltier was framed by the F.8.1, A film by People for the Ethical Treatment of Animals and is considered a political prisoner of consciousness by which "documents pointless and cruel head injury experisource: The Spectrum some human rights groups. ments on primates at the University of Pennsylvania," ac- (rights E SBA focuses on pocketbooks continued from page 1 a first-come, first-serve basis. budget has been frozen in order to reimburse the SBA for its Acevedo's second motion stipulated that before the previous financial help to PAD. The Labor and Employment Law Society requested funds in the lecture line be converted to funds for general use, the SBA must hear all group proposals by groups funding for their scholarship fundraiser, a party at the requesting speakers' funding. Lafayette Taproom, a speaker for their Spring Conference The first motion passed, 16-2. The only "no" votes and funds to initiate their employment law project. The were from Craig Hurley-Leslie, 2L Class Director, and request totalled $335. The next topic ofdiscussion was the Annual Students of Sandy Fazili, 3L Class Director. The second motion also passed, 17-0, with one Color Recognition Dinner. The SBA had already allocated $2250 for the dinner. abstention. Black Law Students Association member and Dinner The next order of business was the task of hearing and debating the various student groups' request for Planning committee member Roxanne Williams, 2L, refunding. The first group to be heard was the National Trial quested an additional $1668 to cover the cost of the dinner Team, who needed funds for competing in Houston, and honorarium for a keynote speaker. Williams said that the committee has sought funds Texas. The Association of Women Law Students requested from outside sources. "We have done ample work to make start-up funds of $250. lLs Eileen Duggan and Erin this convenient and affordable for students and any money Barclay are currently reviving the group. we get back from outside sources, we wouldbe willing to pay Thompson suggested that another organization not it back." saidWilliams. be using all of its budget might be willing to give AWLS Another issue was if last year's SBA had agreed to fully some money, because of the SBA's limited funding. 3L fund the dinner. 2L Menelik Alleyne said, "It was my Class Director JoAnne Howlett suggested that PAGAN understanding that whenthese groups wentto the SBA at the might be willing to give some of their unused funding to end oflast year when the budget lines were being allocated, AWLS. that the budgets of these four groups were decreased beThe next order of business was one that was dis- cause the SBA was going to fund this entire dinner." cussed extensively at the previous meeting: Phi Alpha Hamßoussi said, "We have less money. Thirty-one Delta International Law Fraternity's ["PAD"] financial groups asked for money; thirty-one groups did not get what situation. PAD member Harvey Siegel, 3L was present to they wanted...l cannot personally see how we can fund a try to explain the situation. group completely after doing what we've done to everyone As of February 28, PAD had a $859.41 deficit, due else." to outstanding bills from two advertisers in their 1994-95 The next group to request funding was the Symposium for the Environmental Colloquium. "The Environmental directory. Siegel had been in charge of the directory. He Colloquium is a class,"Thompson said, "There is no way we explained that he had been told to go to an SBA meeting should be paying for this." Their proposal was tabled. The Asian American Law Students Association asked last fall to ask for money for the directory, since advertising funds had not been collected. At the meeting, for $650 in order to bring UB Law alumnae Susan Soong Siegel did not have hisrecords with him and believed that here to speak and to host two other local speakers. both outstanding bills were for $450. In fact, only one ad The National Lawyers Guild requested funding for a cost $450, the second cost $65. speaker, Arthur Kinoy. The guild promised him an honorarium; they requested $300. These funds have yet to be collected from the advertisers. At the end of last year, the SBA was supposed to pay Hamßoussi said,"Until thisis resolved, it's going to BPILP $5000, but that never happened. The SBA also be discussed at every meeting." In the meantime, PAD's promised to match funds with BPILP for their summer Public Interest Cooperative [Coop] program with SOLAR, LAELA, DVTF, CIRCLES,andLALSA. BPILP president, 3L Leslie Piatt, said, "We just want to make sure that we have enough money to fund our committments...We're going to be bombarded with applications tomorrow and I'd hate to not be able to give anything." "Our first committment is to BPILP," Hamßoussi said. 2L Class Director Craig Hurley-Leslie moved that the SBA not rely on leftover funds from the various student groups to fund activities for the rest of the semester. "We could end up in the hole," Hurley-Leslie said. The proposed motion passed. Motions were made to combine the capital expenditure and lecture lines into one discretionary fund. The motions passed, giving the SBA $11,023 to allocate to student groups. $921 was immediately deducted from that figure to cover previous allocations. With the allocable money, the SBA fufilled its promise to BPILP ofboth the $5000 it should have received last year and the $2500 for the Coop this year. The SBA gave the Students of Color Recognition Dinner their request of $1378 of funding was approved in order to givethem enough to cover a contract for the dinner and a speaker. AWLS was given $150 in start-up funds, and voted to officially re-recognize the group. The Labor and Employment Law Society was given $145 to pay for the D.J. at their Scholarship Fundraiser. The Colloquium for the Environmental Symposium received nothing. The Asian American Law Students funding proposal was given $130. 2L Flora Chan, AALSA President, said that the group would solicit outside funding. The National Lawyers' Guild was given $175. The SBA was left with $804. Hurley-Leslie moved that the SBA notify student groups of theirfinancial situation and encourage groups to return funds to the SBA that they do not plan on using. The motion passed and the meeting was FINALLY adjourned at 12:24 a.m. The next SBA meeting is scheduled for March 28, 1996. 1 �12 THEOPINION SCHOBLAARR/IIP' HI M P ■ U U n P ■ U D U □ Q H ■ D \\ ADVERTISEMENT March 13,1996 BAR REVIEW ATTENTION 1996 GRADS WE HAVE ALREADY AWARDED MORE THAN $200,000 OF THE $250,000 IN OUR SCHOLARSHIP FUND. DUE TO THIS OVERWHELMING RESPONSE, WE HAVE ALLOCATED EVEN MORE MONEY. WE WILLRE ACCEPTING NEW APPLICATIONS THROUGH ID Q QH H P ■ Q U MARCH 31,1996. H WE WILLRE AWARDING SCHOLARSHIPS IN VARYING AMOUNTS UP TO $500 EACH TOWARD YOUR RAR/RRIRAR REVIEW TUITION. F YOU NEEO NOT RE ENROLLEO TO APPLYI L APPLICATION INFORMATION: Applications may be obtained at P ■ L y P ■ ■ M the BAR/BRI display table, from a BAR/BRI representative or by contacting the BAR/BRI office at (800)472-8899. Q m Q ■ Q Scholarship applications will be reviewed and awards accepted on a first-come first-served basis, until the funds are depleted. ■ M H y n These scholarships will be honored in CT. ME. MA. NH. NJ. NY. PA, Rl. VT. VA and DC y \~ _ y p ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-03-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 9 13.03.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/13/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/db19344a27e62e107b2d1fd49736a7ba.pdf 2e2df3607a61f97b87b343342e005ef0 PDF Text Text I *f\ I 111 I II m I 111 \ A./ I _*"_j \f * 111 I■' \A/ f I" I If ii" _f_[ 1 Bringing tears to the student's eyes since Cardozo was in diapers THEONION Volume 36, No. ? April 1,1996 ESTATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Coke adds...death? Soda machine linked to mysterious disappearances by Hyp R. Glycemic, Pop Editor question that is being asked by federal investigators at this time. It isbelievedthe new "Coke" machine that mysteriously appeared in our student lounge several months ago is responsible for the disappearances of at least 10 students or more. Of course, it cannot be determined for certain because Admissions and Records was not able to confirm that the students actually attended. It is believed that the machine operates in oneof twoways. It purposefully gets the bottle caught in the dispenser causing the student reach a hand or in some cases an entire arm into the dispenser to retrieve the drink. Upon reaching in, the entire person is sucked through the dispenser. Alternatively, the machine ejects the bottle with such a force that it kills its prey instantly, after which it uses its snake-like power cord to pull the student into its cold, darkrefrigerator/ digestion system. Witnesses have come forward in past months attesting to the mystery. A IL claimed to have believed nothing odd about finding an eyeball floating in his drink, freshly dispensed from the machine, until someone told him about the disappearances. "What's the big deal?" said the student, who wishes to remain anonymous; "Last year I opened up a can of cranberry cocktail and found a live,full size, whitelab rat." Apparently, the company was using rats to test its product and this one had gone AWOL. "I just assumed this was a similar situation." Another witness reached into the dispenser to get a drink and instead ofretrieving her bottle she got a "chilly" handshake from a cold, dismembered hand. The student stated she believed it to be some sort of "campaign" by Coke to make their machines seem more "friendly." "They could have cleaned upthe blood a bit first though," she said. When asked what she had done with the hand the student replied; "I kept it. Hey, 1 didn't pay a dollar to get nothing." Still another witness claims to have actually seen anabduction takeplace. "Yeah, even though I was pretty "high" at the time I remember seeing thekid crammed all the way up the dispenser. I thought he was just looking for a "free one." I'd never seen anyone that desperate before. Can I go now? I've got the munchies." A task force consisting of Dean Barry Boyer, Assistant Dean Nils Olsen and Pro- fessors John Henry Schlegel, Markus Dubber, Lucinda Finley and Charles Ewing was appointed to investigate these claims. It quickly became clear, however, that the investigation was being tainted by the fact that each of them had been spotted obtaining drinks from the machine. It is not clear whether the machine was attempting to bribe them. Since then, a team of federal investigators have taken up the case. Night surveillance has been conducted and agents have reported becoming entranced by the machine's ominous glow. One claims to have heard the spirit of his neighbor's dead labrador retriever calling to him in the whir of the machine's refrigeration unit. It was telling him to insert a one dollar bill. The agent is being psychologically evaluated. Meanwhile, it appears that the machine is going to be moved to a remote Air Force base called "Area 51" sometime soon for further testing. It is not clear when this will occur, because the federal government's budget for this investigation has been slashed to permit a tax cut for the $ 1 million per year income bracket. The Coca Cola Corporation has been unavailable for comment. SBA Squanders Funds Law UB Moving to the Aud Secret negotiations come to fruition by Bob Wiser, Beverage editor After months of secret negotiations, UB Officials announced that the Law School will move from its current home in O'Brian Hall on the Amherst Campus to Buffalo's soon to be vacant Memorial Auditorium. MemorialAuditorium, a massive depression era structure better known as the "Aud," is currently the venue ofseveral professional sports teams, including the Buffalo Sabres. However, the Sabres are slated to move into the Marine Midland Arena leaving the huge structure largely vacant. Moving into the Aud is expected to bolster the University's floundering revenue expectations. The Aud, which seats over 17,000, is expected to allow the enrollment of the Law School to increase over 1000 percent. The move is heralded as a major boon the to the sagging downtown economy. Buffalo city officials have long been pressing University officials to move the law school to downtown Buffalo. Mayor Anthony Masiello, who reportedly jumped for joy at the news and began to recite "Mary had a little 1amb...," suggested that UB officials may also want to consider using the recently closed Network nightclub as a student lounge. When contacted for response, University officials directed inquires to the University's new director ofpublic relations, William S. Speare. Dean Barry Boyer said that Speare hadpreviously worked at Globe University in Avon, England. When contacted, Speare said that the moving the law school to Memorial Auditorium would not change the quality of education, "that which we call a rose by any other name would smell as sweet." Speare noted that the decision to move the Law School was a good one. He praised the judgment of bothBoyer and University President William Griener. "How noble in reason. How infinite in faculty, in form, in moving, how express and admirable," Speare said. "[O'Brian] seems to me a sterile promontory. Why it appears no other thing to me but a foul and pestilent congregation of vapors," he continued. When asked about the practicality of conducting classes in a building thatresembles an aircraft hanger, Speare said. "Cudgel thy brains no more about it." However, not all of the reaction tothe announcement was positive. 2L Luther Martin object to the move. Martin was so distraught, he began to shout in German, "Hier steche ich, ich kann nicht anders. Gott helfe mir." Professor Markus Dubber was asked to translate. "Uh, he either said, 'Here 1 stand; I can do no other. God help me,' or 'Marty used a little lamb. God help me'" Dubber said. 2L Michael Plochoki also expressed his displeasure. "They keep bothering me when I try to study. Can't they interview someone else? I wish I wasn't the only friend of the Onion staff. This is irresponsible journalism." by MatuHari, fihkhh} year anrj triple oar exorbitant TheSBA heldanother emer- accounting fee t hope .ill of you gency meeting lost rhufedty The here tonight will he requesting meeting was their fourth in just tluec weeks. Treasurer Dolors Ehomm: "Our last meeting was on a reported, "We have a really sick Tn«*daj,'" President George dinouHt ol money to hand out Hdmßooe explained, " We ian tonight I don't know what todo never seem to accomplish any* with ft. t hope some of the stathing onTucsddys. The thirdweek dent groups have really exorbiotthemonth h* historicallybeen tant pl«ui\ for this semester." Ihe ttrst student group to! badfor useversincethatinddenl with the sheep at Baud Pnmt last request landing wasthe Law sin* semester..." dent Assoc!ation for Feudal Re* For the Mvoikl time this .se- rorros renpesting $350 for their mester, there were enough memannual carnival mrbers present to couMUui* a quo* ■-■"■■■'■ -?MSt^MQ€:"(MX*&iMiM~ "AH we wanted was Mime money for retaittg the horses. mous student groupspackedRoom Everything else was supposed to 2IW fur thefestivities Some did be donated, but i guevs wt could not appear to be law students. huy it, if you gu>% are feeling The first or<ter ol business lent w as the President HjmHone'sreHenry Tudor VIII said. port which addressing the budget Next , stated, "We receaity .discovered can Law Students Association that Sub-Board allocated an extra requested funding lor their Lastyear'sSßAex* awareness campaign and Thurs* eculive boar<J dimply forgot to day night "meetings." write "We just don't think many heir records" law students realize the influence Ham. J, "If we ofSatan in (heir dailylives. Ottr do n< lore iiple the end of the year, Sub-Board See Never on a Tuesday, p. 3I _\'i: ■ ii! .-.,( '.-m-jet HI halt nevi : ' �2 THH UNION v'April i, lyyo Apnl 1, 1996 Volume 36, I>10. ? I. 8. Aznob I. IVl. Vi8bevele6 Editor 8pace tor tbe bi^bezt Lidder Lu8ine88 lVl2N2tzel: 8nv8ter pettifog I>Iew8 Lclitor: ?e2wre8 L6itor: ?Kot0tzl2pny Art Director: /Xzzizlsnl eciilc>i8! Lrown IVlicliael Eoeb I. 8Kutter Vleci6 Lil6, H>2ve 8l2ll, txiiz I^»ne Thank God for the First Amendment Separated at Birth The Medium is the Message Professors married in a past life by Dionne Warwick, Psychic Editor As evidenced by their frequent bickering like an old married couple in their American Legal History Seminar, Professors Robert Steinfeld and Alfred B. Konefsky re- professors vigorously speaking at each other, both trying to make separate points on the same topic, yet carefully leaving room for the other's opinions. Shabab rushed to the stage*and proclaimed he felt vealed they werd- once The Grinch in Buffalo promoting her latest autobiography,My 10 Careers as an Actress said, "It's quite simple, they transcended the ages to find each other again." MacLaine has more than75 past-life spouses, and discovers more on a daily basis. "My medium channels my loved ones students asked both he and Steinfeld if they were married. "I had to go pub- lic to be able to cope," said Konefsky. "I always knew that there was a special bond between the two of us," out of the past and into my present." Konefsky explained that their past marriage was more like a contract at first, but then reality "stepped in as time wore explained Steinfeld, "but I couldn't tell if our marriage occurred during the seventeenth or eighteenth ftury." Actress Shirley MacLaine was the woman who originally shed light upon the entiresituation through her medium, Harvey Siegel, 3L Markus Dubber Shabab-Kazuloz the Magnificent. Shabab performs a full range of psychic wonders for a "very reasonable price." When at a quasi-academic conference, Shabab spotted the Shabab, explaining hiskarmic connection was weakened by the other people milling around, offered to try to facilitate the spiritual connection again for the professors for a small fee. "March is half-price month!" said Shabab. MacLaine.whowas married in a former life. "I couldn't take the tension anymore, " said Konefsky. "The students just instinctively knew." Konefsky recalled that just last week, one of his George Kannar had been the wife. —~—*l on." the two professors were similar in karma and had to be "soul-mates." He then grasped both of their hands, and exclaimed that Professors Steinfeld and Konefsky were once husband and wife. Unfortunately, the spiritual connection was too shaky for Shabab to tell who had been the husband, and who Konefsky 'spresentlife wife, Professor Dianne Avery, has no objection to the two working close together on long projects involving late nights. "1 trust them completely, I'm [Konefsky's] wife now." �THEONION April!, 1996 Boys - — 1/ 3 Will Be- Boys %/ Female law students' harassment gets out of hand, Finley goes ballistic by Janet Cooke, Cub Reporter What started as a nasty note in a mailbox ended in a marathon mass consciousness raising as several ugly-incidents marred the truce in the war between the sexes UB Law. Apparently inspired by a recent incident where a IL woman student got a anonymous insulting note in her mailbox, an unknown grafittist March 11 chalked the first floor blackboards with the words "All women law students at are doo-doo heads." The following day, a 3L student who was wearing her hair in a ponytail reported getting it dipped in an inkwell. "1 didn't know they still made those," the puzzled woman said. Then on March 15,a female member of Jessup Moot Court had a spitball thrown at her during a competition. The last straw was when a small group of male law students barricaded themselves inside the Ist floor lounge, calling it their "fort" and put up a sign on the entrance saying, "No gurls aloud! This means you! signed members of the He-mans wymins haters club." The law faculty attempted to speak to the student body during their scheduled classes about the escalating harassment incidents, but these attempts were in vain, as Professor Lucinda Finley was hit in the eye with a paper airplane. Finley was quick to respond, obtaining a federal injunction establishing a 15 foot buffer zone between her and her students. "Anyone who wants to ap- proach me and exercise his First Amendment rights is free to do so," Finley said. "However, if that person starts bugging me, I can get Schlegel until we find out who the guilty party is." Olsen said. There was a collective groan, a Federal Marshal to dance on his but still no one was willing to come forward. spine. Everybody shouldhave one of these." The following day, Assistant Dean Nils Olsen summoned all the law students to the Moot Court Room for a mandatory meeting. "I know that someone here has information regarding the persons responsible for these recent harassment incidents," Olsen said. "Anyfurther sheltering ofthe guilty party will be dealt with severely," The only response was nervous coughing. "All right, don't say I didn't warn you." Olsen said. "Until someone finds it in his or her conscience to come forward and take responsibility, UB Law pro- "Nobody is to leave this room until we find out the persons responsible." The only response was dead fessors are going to recite their law review articles. First Professor Konefsky will recite, in its entirety, with footnotes, his ar- silence, with students looking at each other guiltily, for one hour. "There will be no breaks, no lunch, no clinics, no seminars and no classes taught by Professor ticle published in 1989, "Upstream, Downstream: 19th Century Mill Litigation in Lowell, Massachusetts and the Death of fessor Halpern here has a 145 page opus on capital gains taxation that I'm sure you'll find..." "He did it! Hedidit!"Spanky Wardinski, 2Lsaid. "He made me do it!" Alfalfa Mcßride, 2L said. "Liar! Liar! Pants on fire." Buckwheat Johnson, 3L replied. With these confessions, the students were spared the promised torture, and instead were treated to a free showing of "Free to Be You and Me" and a surprise lecture by Alan Alda. Cake and ice cream was served and the bad boy law students had to sit in a corner with dunce caps on their heads. They didn't get to eat the cake or ice cream or get any of the neat presents the faculty handed out. Natural Flow Theory" Then Pro- Jim Crow Caws Again by Bennie Cardozo, Special to the Onion The Supreme Court Feb. 30 shocked the nation by overruling the Brown v. Board of Education decision outlawing school segregation. The ruling came in Skinflint Liberal School Board, a case v. where a disgruntled taxpayer in Liberal, Kansas, was protesting a school tax assessment. The petitioner argued for the relief on the last page of his 350-page pro-se brief, stating that the school district was under a desegregation order and he didn'tthink heshould pay the cost of the school board's mistakes. Supreme Court overrules Brown v. Board tionalscholarLawrence Tribesaid. "I'mabsolutely flabbergasted. The mind reels." "This is a great day for race relations and this is a great day for the United States of America" Republican Presidential candidate Patrick Buchanan said. The majority opinion written by JusticeThomas invalidated the assessment, stating it was based upon a unconstitutionalracial remedy. In doing so, the Court stated that Brown v. Board ofEducation. which heldthat segregatedschools were, inherently unequal, was wrongly decided. "The mere fact that a school basis of race." years of racial progress. "This The opinion then reasoned should be done on a case-by-case that even though de jure segregabasis." tion may violatethe Constitution, Justices Souter, Ginsberg and thefederal governmentcannot take Breyer, in a sharply worded disany steps to remedy it, since that sent statedthe decision overturned wouldnecessarily involve making 40 years worth of precedent and distinctions based upon race. transformed equal protection into "The paternalism that seems a "dead-letter." Justice Stevens, to lie at the heart of these remin a separate dissent stated, "I agree edies is at war withthe principle of withmy brethrenwho dissent from inherent equality that underlies and this travesty of Constitutional ininfuses our Constitution." terpretation. I write separately Chief Justice Rehnquist because 1 like seeing my name in joined in the opinion. Justice print and I'm a contrary cuss who Scalia, concurring, heldthatßrown can't seem to get anyone to agree v. Board of Education should be with my reasoning." overruled on textual grounds. "I In a sharp break from precelooked and looked at the 14th dent, retired Justices Brennan and Amendment and I couldn't find one Blackmun weighed in with their isblack does not mean that there is "1 just threw that argument in a Constitutional violation," Thobecause I was desperate," Petimas stated in his opinion. "That word about school desegregation, tioner Ralph Skinflint said after these (desegregation) programs " Scalia stated. the decision was announced. "I may have been motivated in part Justices O'Connor and don't believe they bought it!" by good intentions cannot provide Kennedy in their concurring opinReaction to the decision fell refuge from the policy that under ion stated that the court in applyupon predictable lines, our Constitution, the government ing strict scrutiny should be cau"Unbelievable." Constitumay not make distinctions on the tious in seeking to roll back 40 */ y continued from page I that he does have a real effect on their be used. Several SBA members objected, lives. As for our meetings, they're open to mainly because this particular fraternity is everyone, so it's OK for you guys to fund in no way connected with the Law School us." SALSA President Judas Benedict- and all of its members are undergraduates. The proposal was unanimously passed afArnold said. "What kind ofsupplies doyou need?" ter the fraternity agreed to let law students 31. Class Director Sandy Painin-Theass into the party for free. The Onion reporter requested "Imasked. What do we care? We have t heawney. mediate funding for a trip to the vending mac! li tigwas uuani tnously grunted Let's give them whateverthey want,"Treaafter she promised to "be nice" and bring surer Encense said. Hamßone said. "Yeah, it's not fair to Hamßone a Diet Coke, too She was given question them about what they're going to $2 to cover the cost of both drinks. After the binding was dolled out, d<"> with the money, It they get in trouble, we can just plead ignorance if we don't something else happened, but I'm not sure what. I was at the vending machine trying officially ask them about it. Parliamentarian, strike Painin-Theass' question from to get George a drink. It may haveinvolved a fjstfight, since when 1 returned, the record." j A vote was taken and SALSA was Hamßone's nose was bloodied. "Tell the protestors to disperse, oi allocated an additional $6666. The meeting went on tins way for we're going to call the police," Pumpkinabout 15 hours straight. Various student Eater said. The protestors were psychologically unavailable for comment, and groups requested large amounts of fundrefused to identity their cause for fear of ing, and the SBAapproved them all unanimously. The SBAfunded 46 student groups having to post a $4000.00 bond to ÜB. "We'll have to finish the new busi(some two or three times). The only real controversy arose from ness at our next meeting," Hamßone said. a funding request from a fraternity who "When can we schedule one?" asked that it not be identified. They wanted "Well, notnext week- Especially not funding "for an extrakeg at our party Satur* Tuesday. How about Wednesday of the day night," according tothefraternity president, who also requested that his name not next week." Pumpkin-Eater said. ' , tice Thurgood Marshall was alive, I'm sure he'd agree." Not to be outdone, the majority conducted a seance and brought forth the spirits of Chief Justice Fuller and JusticesBrown, Field, Gray, Shiras, White and Peckham, who constituted the majority in Plessy v. Ferguson. The departedjustices wrote a concurring opinion from the beyond. Justice Harlan, who dissented in Plessy. once again dissentedfrom the grave. Chief Justice Taney, theauthor oftheDredd Scott decision, also answered the summons and joined the concurrence. Reaction from UB Law students ranged from outrage to in- own dissents. coherence. "We know we don't get to vote, being retired and all," they stated in their opinion. "But we couldn't resist the chance to heap gratuitous insults on our former "Like, uh, the SupremeCourt, uh, really sucks," Butt-Head, IL said. "But those dead guys were cool." "Heh..heh..heh.heh."Beavis, IL retorted. brethren one more time. If Jus- Space Aliens Replace Faculty by Fox Mulder and Dana Sculley An Onion investigation revealed that students saw me eating my lunch, I realized that I would have to act quickly," Spacewarp the entire UB administration and faculty Commander Glaarp said. "So I whipped out have been replaced by alien look-alikes two pieces ofbread and threw thebats head from the planet Zontara. in between." When asked about the location of the Apparently, the alien take-over began last semester, during the beginning of exreal administration and faculty, Zargapp, ams. Vindicator of Alpha Centuri, who is "Professor Teri Miller" replied, "I believe they "We should have waited until the beginning of the second semester as none of were stuffedinto some of the old lockers in us had ever graded an exam before. So, we the basement." tookthe booklets all up to the seventh floor After the "Dean Boyer" sighting, other and threw them down the elevator shaft. students commented on the unorthodox The ones on the bottom of the pile got the teaching methods the "professors" have been best grades," Klangor the Merciless One, who is "Professor Finley." The aliens had been observing several law schools to decide which one to populate. UB was chosen over Harvard, Yale, and Cornell because, "[w]e knew we would have an easier time impersonating the aged hippies at UB than the Rush Limbaugh' types at the other schools," commented Azzara, Queen of Andromeda, whois "Professor John Henry Schlegel." employing in class. Students noticed something was wrong when a student answered one of "Professor Wade Newhouse's" questions incorrectly in his Constitutional Law class. "Wade" leapt up to the fifth tier of seats, yanked the studentup by the hair, and threw him through the wall. "I thought to myself that something just wasn't right here," said IL Joe Smith. Students first began noticing differ- Farzod the Fearsome, who students ences in the administration when students observed"Dean Barry Boyer" biting off the heads of live bats. swear is a dead ringer for librarian Susan Dow, said, "We really enjoy it at U.B. The students are fun to pick on and we all like the power we have over them. I think we're here to stay." The aliens wished to keep the takeover quiet until its completion. "When those �4 IHbUINHJiN April 1, 1996 BAR REVIEW ATTENTION ALL LAW SCHOOL STUDENTS WE HAVE ALREADY COLLUDED WITH OTHER BAR REVIEW COURSES SO THAT OUR PRICES REMAIN AT A FIXED LEVEL BUT IN FULL KNOWLEDGE THAT WE DO SO, WE ARE NOW OFFERING SCHOLARSHIPS IN VARYING AMOUNTS IN ORDER TO REAP ALL OF THE CONSUMER SURPLUS NO MATTER WHAT YOUR RESERVATION PRICE. SO ACT NOW TO PAY THE PRICE THAT OUR COURSE IS REALLY ONLY WORTH. WHY BAR/BREASE? So you thought that the $21,000 for law school and three years of studying the "law" was enough to get you past the bar? Guess again, you don't learn the law at "law school," all you ever really needed was $1500 and five jam sessions with Bar/Brease. Here's the difference between us and "law school": 1. Learn from those who can, not those who teach. 2. Read only brief outlines and case notes - all that's really necessary in the real world. 3. Spend class time learning the law, not listening to war stories, political agendas, and personal dogmas. This is not an advertisement and is solely for the amusement of the readers of the current state or position of any business, government, or organization. ■ "i wm wm m tm wm m m mm m m hi m m m "The Onion." This article is not meant to reflect m m m hi m m m m m m m m ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1996-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 36 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ee8137f2cc3f5ab26cc1c4195dc3f48.pdf dc93b4d005cc997eff7ffb61f190bb26 PDF Text Text J I J NEWS Lady lawyerspack pithy points See page 3 I J OP\ED Editor-in-Chief is outta here! See page 4 I FEATURES A candid visit with Professor Meidinger. See page 7 ■ —--"-— THE OPINION Volume 36, No. 11 April 17,1996 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW That's Entertainment! ESLS hosts first ever entertainment law symsposium mindwhen dealing with people as general manager. Land believes the by Maria Pilaroscia, Reporter The Entertainment and Sports contracts for performers and shows. Healso deals with tax law. As a not-for-profit, Artpark sometimes hosts fundraisers and also receives bequests, both of which have tax implications. Other areas of law that affect Artpark are copyright law and First Amendment law. Midland said theater is a high profile aspect of entertainmentlaw, and an exciting two most important Law Society presented the first Symposium on EntertainmentLaw in Western New York on Monday, April 8, at the Center for Tomorrow. qualities an aspiring sports or entertainment lawyer can possess are willingness and capa- Dean Alan Carrel opened the symposium andwelcomed all participants. He also congratulated ESLS for attracting leaders in their fields to speak to UB Law students. Steve Boyd, a first year law student and reporter for WKBW Channel 7, moderated the symposium. Panelists were Eric Land, President and General Manager of WGRZ Channel 2, William L. to R.; Steve Boyd, William E. Grieshober, Lynn Wolfgang 2L, Eric S Grieshober, Associate Corporate Land, David Midland, andAndrew Freedman 3L Counsel of Rich Products Corpoare always at the forefront ofsocibusiness manager instead of going ration, and David Midland, Presistarted dent and Chief Operating Officer ety. He gaining experience to law school. of Artpark. Land said the most valuable in television in high school sweepThe first panelist to speak was ingfloors andcleaning the weather legal information he has encounEric Land. Land said the enter- board at a local television station. tered was from his business law tainment business is a magnet be- Although he contemplated earnclass: the reasonable man doccause entertainment and the arts ing a law degree, he became a trine. He keeps this doctrine in The second panelist, David Midland, came into entertainment law inadvertently. He intended to get an MBA, but was sidetracked when a friend asked him to be business manager for a the- field to work in. The final panelist, William Grieshober, was a member of UB Law School's Class of 1988. He joined Rich Products when they were contemplating bringing majorleague baseball to Buffalo. Instead of major league baseball, Rich Products brought a minor league team, the Bisons, to Buf- as president of Artpark, he dealswith theater and concerts. This business ennot tails just selling tickets and marketing, but making deals, too. falo. Rich also owns two other baseball teams and two radio stations. Grieshober said the trend in the radio field is for businesses to consolidate. The effect of this Artpark is a presenter and promoter, but also produces some things from scratch. Midland deals with contract law, such as service contracts for concessionaires, and See h/SL/Sy on Women in the legal profession of Women's Law Center, spoke about the by Jessica Murphy, News Editor challenge of finding a job and creating a The New York State Bar Association solo practice. "You have to concentrate on Committee on Women in theLaw presented your case. No matter what you wear, no a panel entitled "Women in the Legal Promatter where you are, no matter who you're fession: A Reality Check from the Field," in front of, if you know you're case...and if last Wednesday, April. 10. you know the law, you're going to be on Six panelists spoke of their experit0p...1 think one ofthe best things I utilized ences ofbreaking intoand succeeding in the in Buffalo was the Erie County Bar Associalaw profession. They were: The Honorable tion because they have many different comE. Jeanette Ogden, Buffalo City Court Judge; mittees that focus on many different areas Kathleen M. Carmody, Director of the Bufofthelaw...it was amazing to me how helpfalo Women' sLaw Center; Sarah Hill Buck, ful people .the Buffalocommittee was President and Founder of Fiduciary Serterrific..." vices, Inc.; Barbra Kavanaugh, Buffalo Carmody also suggested that students Common Council Member at Large; and look into the Volunteer Lawyers Project as Susan J. Egloff, Senior Court Attorney for well as the Erie County Bar Association. Buffalo Surrogate Court. Susan Egloff, holds a Ph.D. from Yale, Ogden spoke stressed preparation and and was an assistant professor ofEnglish at confidence as tools of success in the courtthe University of Pennsylvania before beroom. "It is the way your present yourself. coming a lawyer. Egloff has served as a It is the level ofpreparation you display...and director oftheErie County Bar Association. if you do that, andretain your confidence in Egloff addressed the unusual road she folyourself, that is the first step of making lowed to become an attorney. "I didn't set other people recognize that you certainly out to be an attorney, I set out to be a college are an integral part of the law, that you professor...l taught for five years at belong in the courtroom, in every aspect and Perm...but I was a part of the so-called lost on every level, and that you can do the job generation of scholars...whose opportunijust as well, if not better, than any other ties to move up in academe were stalledby male lawyer." Carmody, recently appointed Director See Reality check from the field, p. 3 Qftponorimo lO R t£&£» .?/, /J><s* 3>ec*ml«* 13, 1335 5.00fr.m,., Friday, Cd/irU 13, 1336 T£n*ver*Uy atCnjaffab istioiUA T^amfitu were.. tn« CforeencM S&ootn oralreception follow. will ®X» S%cUrUGl!>a* OAuodatUnt wiUaccefU memorialcontri&atioru lor a icAolanAiAland. MP '■& f &sue*liion4 iAoald'ie directed'to CJ&iiociate 2)ean CAvndra. &f. Ootids and/or &s>»? J3- <?&«*, 312 @CH*ian. dftpaM, €45-2061. *J fe % page 11 �THE OPINION 2 Greg Mattacola April 17, 1996 Follies and Fumbles Columnist Do it for Johnny, man! I DON'T KNOW. Another column. What that means eight readers is a healthy dose of my rapierlike wit, my thoughtful insight, my social commentary and hopefully cause for a laugh or two. Well friends, it's two hours before this column is due and I know nothing. I've been holed up writingmy appellate brief for two weeks and I know nada. So unless you want to hear about some freak who went berserk and took an automatic rifle to his class reunion, we might have some troubles this time around. But I'm going to give it a try anyway. If CalRipken can play in over 2,000 consecutive ballgames, I can spew some trash onto this paper. I'll do it for Johnny, man! Who the hell is Johnny? (See. There's eleven words. This is easy!) to my faithful DOES ANYONE KNOW THE HEIMLICH? You know what they say about sharks right? If they stop swimming, then they sink. Apparently, Greg Norman forgotthose swimminglessons from summer camp! Norman started out on fire in the '96 Masters and seemed a lock to win his first green jacket. He had an amazing 6 stroke lead going into the final round. The obese lady was starting to hum but wait! Norman chokes! Norman chokes! Nick Faldo has won the Masters! Nick Faldo has won the Masters!(I should doradio too!) The worst chokejob in Masters history, Faldo ended up winning by five strokes! This already has people calling up the ghost ofBill Buckner for a comparison. Andas a little extra tidbit, this third and fatal round for Norman happened on the 84th anniversary ofthe Titanic going down! Pretty fitting, as the Shark was in the water more times than on the green. The jacket didn't go with your hat anyway, Greg. HELLO POT? THIS IS KETTLE. Did anyone catch Magic Johnson gettingtossed from a gamebecause he bumped into the ref? This happened just days after Nick VanExel was ejected, suspended and fined for tossing aref onto the timer's table. And who was the most public in their critique of VanExel? None other than Lakers Captain Earvin Johnson. All right, Magic it may have been an accident and wasn't even close to as flagrant as your punk teammate's incident but how do you even allow yourself to get in that situation after all that's happened? Do you still wear Converse? Want some hot sauce with that size 14? ESPN II (The Deuce to fellow junkies) and theBandits were nothing short of dominating. For anyone who has not seen one of these games, get your tail there next year. It's possibly one of thefastest and most physical athletic events you can watch. Now what I want to do is to get Rob Ray to pulla Deion and alternate gamesbetween the Sabres and the Bandits. There's not really a fighter in lacrosse like this disciple of the Hansen brothers (You couldn't have forgotten SlapShotl) so I think Ray could really draw some crowds! BYE BYE. The Buffalo Aud is no more. The last home game of the Sabres was played this past weekend as the team is now moving to the brand new Marine Midland Arena. It's been a part of Sabres hockey for a long timeand deserves a rest. Now, what to do with it? May I suggest a MAD BUFFALO DISEASE. Buffalo gets a lot of new nightclub for Jim Kelly? After all, isn't it smart abuse, once in a while undeservingly. (Is that even a word?) business to go and open an even bigger place after you've Other than bitchingabout law school, tooling on Buffalonians run about five bars into the ground? Do you think Jim went is a close second for my favorite past time these days. The to the DeVry Institute? I haven't mentioned politics at all fact that I just saw penguins walking down my street in the thistime so I'll end with this. Does anyone know what was the middle ofApril has a little to dowith it. Then whenyou the first event ever in theBuffalo Aud? You guys couldn't factor in the Bills, the shape the streets are in, and Bills fans, do squat with myBarney Rubble question so I'll tellyou. It there's alot to work with! But, I willacknowledge greatness was in 1940 and it was a rally for the Wendell Wilke for when I see it. The Bandits! They justwontheirthird Major President campaign! I swear! See? Look how muchricher Indoor Lacrosse Championship by beating thePhiladelphia your life is with that info. All right, I'm done! And I still Wings. I didn't get to a gamethis year but I've been in the have forty-five minutes before my deadline! Not bad, huh? past and these guys rock! I saw some of the title game on By the way, Andy are you living on Elm Street? Don't gamble your future PIEPER PEOPLE PASS! ! ! Why take any chances with the biggest exam of your life? Shouldn't you be prepared by the bar exam expert? People who must pass the New York State Bar Exam, Call PIEPER BAR REVIEW 1-800-635-6569 �NEWS April 17, 1996 THE OPINION 3 Reality Check from the Field, the abolition of the mandatory retirement age for college professors...So, 1looked for something where i could use some of the skills I had developed, and I looked to the law...and there I developed an interest in trusts and estates." Egloff strongly urged that stu - dents become active within the Erie County Bar Association. "I would encourage you to get involved in Bar Associations, and join the committees of the bar association. That's where you learn about the law and find out about the developments in your field. ..and also to make contacts to become known to people and to develop a reputation." Buck, also the vice-chair of Buffalo General Foundation, spoke about her alternative to a law career, and stressed the necessity of computer proficiency. Buck emphasized that the three years she spent at home with her child was one of the best decisions she ever made, but that when Buck saw an opportunity, she shot for it. "1 needed to do something different...To me, [computer technology].. .was going to change thewaywepracticedlaw...lsawa market for the kinds of thing 1 know how to do, and want to do...Being independent has given me opportunities to do things I never wouldhave been able to do now.. .There are some bright spots, I think for many people that public office is really the essence ofpublic service..." The program was organized by the NYSBA Committee on one firm...there is more and more spe- continuedfrom page 1 alumnae, Maryann Saccomando 3iother duced eachof the panelists. Freedin t three s, is cury vice dent of cialization in the 1aw..." and a 3L at Syracuse University College of Law, spoke about NYSBA's Law Student Council, and explained, "It's purpose is not only to sign up new members, but dation. also to react tothe students' needs." Co-sponsoring groups were: 3 NYSBALaw Student Counc Law School, Cornell Law School, BLSA, Syracuse University College of Law, National Women's Law Student Association, NYSBA Committee on Minorities in the Profession,Association ofWomen Law Students at UB Law, Circles, LALSA, and the Women's Law Caucus at Syracuse University College of Law. Area practitioners joined the panelists after the discussion. All of the women were encouraged questions, and answered openly on subjects ranging from how to juggle a family to what they practice and why. Each woman spoke for less than ten minutes in order to accommodate a one-on-one question and answer session between students and practitioners. Every woman encouraged students to be adventurous and courageous. "I encourage you to go and invent your future," said Buck. Audrey was ielniak, istant for Ca)evelop- with , wel- dtheau:e of than 40 ing a member of the nts Buff al o AALSA presents an Alumni Carrer Panel on April 26,1996, from 3pm until spm, in O'Brian 545, the faculty Lounge. Audrey Koscielniak, Assistant Dean for Career Development will moderate. Guests include: Jean Brenner, Esq., Clerk for Western District Court of New York; Maxine Lee, Esq., Associate at Nixon, Hargrave, Devans, & Doyle; Stephen Lee, Esq., Clerk for Southern District of New York Bankruptcy Court; Vipan Singh, Esq., Assistant Public Defender at Monroe County; Susan Soong, Esq., Clerk for United States Court of Appeals, Ninth Circuit. The event is sponsored by the Dean ofthe Law School, the Student Bar Association, and the Mitchell Lecture Fund. In addition, the Asian American Law Students Association presents: New Immigration Guidelines On Gender-Based Asylum. This brown bag discussion will be held at O'Brian Hall, Faculty Lounge, Room 545, on April 26,1996, from 12:00 P.M.-2:00 P.M. and the guest is UBLaw Alumae, Susan Soong, 1994. Ms. Soong iscurrently working with the United States Court of Appeals, Ninth Circuit. Sponsored by: the Dean ofthe Law School, Baldy Centerfor Law and Social Policy, Student Bar Association, Mitchell Lecture Fund, and AALSA. Join the Opinion! event, 2 lbauer ained, point of tit is to you the rtunity i like in I think enjoy ler then take this ands of is bit leery :ing, beat a in Editor-in-Chief: Executive Editor: Assistant Executive Editors: Managing Editor: Business Editor: Publications Editors: Articles Editors: Systems Editor: Head Note & Comment Editor: Note & Comment Editors: David Pfalzgraf Jeffrey Stravino Allison Fields Karen Richardson Jim Gerlach Steve Laprade Steven Bachmann Dietz Craig Hurley Leslie Tom Lane Craig Matanle M. Rogan Morton Shirk) Saks Marybeth Barnet Denise Neuhaus Jeremy Schulman Nick Smith Liz Wolff Greg Miller Katie Lee Abbie Chessler John Collins Jim Flanders Mike Fruchter Gil Michel Garcia Michelle Navin Colman Welby Mike Chase par- in the So, take To Pass the Bar GO WEST The Buffalo Law Review announces its 1996-97 Editorial Board: and itioners Common Council, next addressed the group. "For L to R; Barbra Kavanaugh, Sally Buck, Susan Egloff, Kathleen Carmody, those of you EJeanette Ogden, Maryann Saccamando Freedman, andDeborah Muhlbauer who aren't afraid to fly it alone, swallow it Women in the Legal Profession whole...get out there, if you want member, UB Law Alumnae responsibility and want it Deborah JeanMuhlbauer. ÜBLaw AALSA sponsors Alumni events Book Review Editor: this opportunity because your job is not on the line here, and ask the kinds of question you'd like to ask." Michelle D. Cook, Chair of the NYSBA Law Student Council Freedman, the first woman president of the New York State Bar Association, moderated and intro- Westßar'" MBE Lectures Professional Responsibility Exam) KSlSitX^?"' performance provides MBE. The nation's most experienced team of MPRE lecturers—David Austern, Steve Bracci, Stan Chess, Steven Levine —deliver complete preparation for the Multistate Professional Responsibility Exam. Offered nationwide for the November, March and August exams, theWestßar course includes expert lectures, outline materials and 200 practice questions with analyzed answers. your Westßar course. For tlie MPRE (Multistate GOWEST on the an This series expanded analysis of the Multistate subjects, West Multistate Workshops Integrated into the daily substantive review schedule, in-class MBE practice sessions strengthen your test-taking skills. 2500 practice questions with fully analyzed answers and complete simulated exams all are included in GO WEST For the MBE For the Essay (Multistate Bar Exam) - - Tailored to the demandsof your state's essay WESTWeelt™—Seven Days to Multistate Success— is a unique, concentrated MBE program. Use it as an Early Bird quick start before the full bar course or as a Final Review just before thebar exam. Each day is devoted to one of the six Multistate subjects. WESTWee/t faculty, including Harvard Professor Arthur Miller, review the substantive law as they expertly diagnose the MBE. Day seven provides realistic practice testing and question analysis. 'West e am me * Westßar program enhances your preparations with first-rate local law professors and materials. In-class workshops teach approaches to analyzing and writing essays. Practice with bar exam questions completes tn<s c°ur e * O BarReview"' 901 Fifteenth Street, N.W. • 10th Floor • Washington, DC 20005 800-6-WESTBAR �EDITORIAL THE OPINION 4 opinion „Volume . 36, No. 11 ~ XT t1 Founded 1949 Samuel S. Chi Editor-in-Chief April 17, 1996 0S . Y_ «,__. Apnl 17, 1996 ~ Steven Bachmann Dietz Managing Editor EDITORIAL: Oh, the places you'll go, and Opanshuk the things you'll see Lenby Graphic "/ have seen things you people wouldn 't believe. Attack ships on fire off the shoulder of Orion. I watched C-Beams glitter in the darkness at Tannhauser Gate. All those moments will be lost in time, like tears in rain. Time to die." Roy from Blade Runner Well, maybe not time to die, but definitely time to say goodbye and move on. Ithas been a goodyear and a greatexperience. Wehave given the Opinion our energy, our sweat, and a bit of our souls. But now, like the ephemeral rays of the setting sun, all things must come to an end. The time has come where a new group should have the chance to mold the spirit of this publication and feed the fire in its belly. We leave knowing that the Opinion is in good hands. Under the capable leadership of its new Editor-in-Chief, Jessica Murphy, the team will continue to carry out its mission of keeping the students of UB Law informed of what is going on around them. With her are a couple of rookies called up from the minors. Former assistant editors Julie Meyer will step up to the plate as Managing Editor and Kristin Greeley will take the field as News Editor. Joining thetrio are a couple of veterans; Deshika Botejue will return as business manager, and David Leone will continue as Photo Editor. In this space we commented on how the SBA worked together harmoniously as a unit to establish the Public Interest Co-op and continued the Barrister's Ball. We also lamented the SBA's difficulties in managing the disbursal of its funds and its failure to put teeth into the class directors' office hour requirement. Nor did our editorials neglect the world outside of the law school. We commented on the O.J. Simpson follies and the Buchanan candidacy. We also cheered the Second Circuit's decision inSchenckv.Pro ChoiceNetwork. We even found time to salute the Syracuse University basketball team. We hope that we've enlightened you, entertained you and given you something to think about. If we have, then all the late nights, deadlines and headaches have been worth it. STAFF Business Manager: Deshika Botejue News Editor: Jessica Murphy Features Editor: Mike Chase Photography Editor: David Leone Art Director: Len Opanashuk Assistant editors: Features: David Fitch, Dan Killelea; News: Julie Meyer, Kristen Greeley Photo: John Gasper. Senior editors: Evan Baranoff Computer consultant: Peter Beadle The Opinion is a non-profit, independent, student-owned and run publication funded by the SBA from student law fees. The Opinion, SUNYAt Buffalo Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260 (716) 645- -2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State Universityof New Yorkat Buffalo SchoolofLaw. Copyright 1996 byTheOpinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe sent loThe Opinion at the abovenoted address, dropped oft under The Opinion office door (room 724 O'Brian Hall), or placed in Box #640 on the third floor of O'Brian Hall. AH copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part ofa dialogue and must he no more than two pages double-spaced. Perspectives are generallyopinionarticlesconcerning topics ofinterest to the law school community and must he no more than four pages double-spaced. The Opinion readsand appreciates every letter and Perspective we receive; wereserve the righttoedit any and all submissionsfor space asnecessary and also for libelous content. The Opinion will not publish unsigned submissions. We will return yourdisks toyourcampus mailboxor to a private mailbox if a self-addressed stampedenvelope is provided. The OjMnton is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, or of thepress;.,." The First Amendment - The Internet is for every one To the Editor: part of the Student Bar Association. OnThursday, April 10,1996at 6:00 Funding for these events has been proP.M., I received an E-mail (electronic vided by the Baldy Center, the Dean of mail)message from a S.U.N. Y. - Buffalo the Law School, the Mitchell Lecture Law Professor. The message read: Fund, and the Student Bar Association. "Please don't use E-mail to send I think sending out messages via Eout junk mail. This is a waste of system mail uses less resources than stuffing resources and an abuse of the system. students' andprofessors' mailboxes with At the very least, remove me from your flyers. Currently, groups do still stuff junk-mail list! Thank you." mailboxes with flyers. The end result is The Professor was referring to two that by the end ofthe day, the two recymessages that I had sent out earlier that cling trash bins are usually piled skyday to all law students and professors. high with theseflyers. AALSA has taken The first message read: a step to minimize the amount of hard"The Asian American Law copy mail our members receive by setStudents Association is presenting a ting up a List-serv system. L.AT.I.S. discussion on (Law and Technology Issues Society) the 'New INS Guidelines on also communicates with its members Gender Asylum.' through List-serv. The List-serv system Guest: Susan Soong, Buffalo is one facet of the Internet. Alumna. The Internet was created 25 years Ms. Soong is currently ago by the Department of Defense in clerking for the 9th Circuit. conjunction with academic institutions. One of its main uses was E-mail, which April 26, 1996 12:00 P.M. was created to facilitate the free ex2:00 P.M. Faculty Lounge" The second message read: change ofideas at a relatively cheap cost. "The Asian American Law To my knowledge, the use of E-mail by Students Association ispresenting a our law students has increased dramaticareer panel discussion with the cally during the past year; i.e., lLs are following alumni: communicating with their Research and Jean Brenner, Esq., Clerkfor Writing Professors through E-mail. The Internet hasreally exploded in Judge Arcara of the Western District ofNew York the market. Various entities such as MaxineLee, Esq., Associate at libraries, universities, and private corpoNixon, Hargrove, Devans & Doyle rations can communicate by E-mail now. Stephen Lee, Esq., Clerk for There is no doubt that the Internet is the Southern District of New York most effective medium for communicaVipan Singh, Esq., Associate tion. Stuffing mailboxes just doesn't cut Public Defender for Monroe it anymore. The Internetis a very powerful pubCounty ofNew York Susan Soong, Esq., Clerk for lic tool and probably raises many interthe United States Court ofAppeals, esting legal issues suchas: Ninth Circuit Should the government regulate April 26, 1996 3:00 P.M.- 5:00 what is placed on the Internet? P.M. Faculty Lounge" Willthe restrictions violate ourconI disagree with theProfessor's comstitutional right to free speech? ment that sending out these messages is Does the manner in which one india waste of system resources and an vidual uses the Internet violates another abuse ofthe system. The two messages individual's constitutional right to priwere brief and succinct. They were tarvacy? To what extent should students use geted at a specific audience and were sent solely for the purpose of informing the University's electronic mail system the law school community about the two to inform the University community of events. They provided the date, time, events sponsored by University affililocation, and subject of each discussion. ates? In addition, the two messages were sent out on behalf of AALSA (Asian AmeriSincerely, canLaw Students Association), which is Flora Chan, AALSA President - �THE OPINION April 17, 1996 5 Deliberations Sam Chi Editor-in-Chief A farewell to arms This column happens to be the last thing I will ever write as Editor-in-Chief of the Opinion. On a bittersweet note, this issue marks the end ofmy term. The occasion has prompted me to remember one of my favorite stories. The early history ofthe Roman Republic is filled with legendary figures that have been venerated for generations afterward. In 439 8.C., Rome, which was little more than a rural village, had just begun military forays into the Italian peninsula. During one of the campaigns, the Aequi, a fierce tribe of central Italy, pinned part of the Roman army atop a mountain. When news from the Senate found the would-be farmer of the situation reached Rome, it plunged laboring in his fields. When told of his the fledgling imperial power into chaos. At appointment, Cincinnatus changed his this time, Rome was normally governed by clothes, and immediately took control ofthe elected leaders, but in times of crisis the remaining garrisons of the army. Legend Roman Senate could appoint a dictator to has it that he conquered the Aequi in one day bring order. This dictator, who could serve and then he and the Romans spend the next for only six months, was vested with comtwo weeks celebrating. By thefifteenth day, plete control of the military, and thereby he was back in the fields. This story is one of my favorites for had absolute control of the state. The Senate unanimously appointed two reasons. Living in an age where politiCincinnatus as dictator. Cincinnatus, a cians and government leaders are constantly former statesman and general, hadretired to grabbing for power, I always marvel at the his farm some years earlier. Messengers civic virtue of Cincinnatus. In stark contrast to political leaders of our time, Cincinnatus waswilling to giveup absolute power. The dictatorship had not changed him. He was a farmer before and thenbecame one again. I also like this story because it was one of the few bits of prose C-VCjllo iLJJpiLr I licit vA'liCdit.N LliC JdW JiCJiiRH VtJilUlititUtjf , WiilC t:J|*s:;:!vJjJlilivJJ that I could actually translate during my Letters to the editof are best when written as a part ofa d« four semesters of college Latin. longer than two pages double-spaced. Perspectives are generally opinion articles Anyway, my relating this story is not concerning topics of interest to the law school community and must not belonger than to imply that running the Opinion was anything like bringing order to the Roman ReAll submissions are due the Friday before we publish. Your submission must be public. Nevertheless, having served my typed, doubled-spaced, and submitted on paper and on a computer disk (IBMtime on the soapbox ofthe law school, it is time to relinquish the mantle of leadership right to edit any and all submissions for space as and let a new generation put its mark onthis necessary and also for libelous content; we will not publish any unsigned submissions. publication. It heartens me to know I can Send your submissions to The Opinion office ot place them in box 755 return to what I was before knowing that I bar Review ENROLL NOW & PAY LATER As a special promotion during April and May, you may enroll in the BAR/BRI New York Bar Review Course in one of two ways. COMPLETE AN ENROLLMENT APPLICATION |1997 GRADS] Include your $75 registration fee and secure a $1495 tuition. This entitles you to receive selected BAR/BRI outline, and review lectures throughout law school, preparation for the MPRE plus computer software for Evidence. OR Put NO MONEYDOWN and secure a $1525 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. [ 1998/99 GRa"ds] Include your $75 registration fee and secure a $1445 tuition. This entitles Y Revlew 7°" to rece „_? tb * ""' *' L^j^JSPSk. Hffi lectures for your first year subjects, f pju, M the benefits listed for 1997 grads. OR Put NO MONEYDOWN and secure a $1495 discounted tuition. You will be billed In June for the $75 registration fee. The $75 payment, due by July 15th, will "lock In" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. — There you have it two options. With either option, no additional payment beyond the $75 registration fee is required until your last semester oflaw school. Whichever option you choose, you get New York's and the nation's most experienced bar review with a proven track record of success for more than 25 years and you save at least $120 off the 1996tuition. Also note, with either option, if you get a job with a firm that pays for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect at the time of your enrollment. To take advantage ofeither option, see your representative or contact us at (800)472-8899. leave the Opinion in capable hands. I was a just a law student once and I look forward to being that again. Even so, working on the Opinion has been an experience that has helped me grow. It will have a special place in my heart. I cannot say that I will miss the long nights or the nettlesome administrative details. Nor can I say I enjoyed being the boss. The Editor-in-Chief does not enjoy the latitude to be as flippant or irreverent as a reporter oreven a features editor does. Being in charge requires a certain respectable demeanor; after all, a leader should be distinguished. Much to my chagrin I have discovered that I'm just not ready to be distinguished. But there were some good things. I sort of miss the challenge the ofrunwill publication on a shoestring budget ning a of and the excitement throwing it together at deadline. If nothing else, it has been a lesson in pragmatism. The best part of the job is that it has allowed me to see first hand some of the great things about UB Law and meet some ofits more interesting people. Despite the grumbles and complaints, UB Law is a very special place. It's too late for theRomans, but God keep the Opinion. �THE OPINION 6 / J | 1 I I f fI / \ J I \ 11 f 3 g t April 17, 1996 Whatever you choose, wherever you go, whenever you need us, LEXIS®-NEXIS® has the ADVANTAGES you need to succeed. . i — . j . • of LEXIS-NEXIS access privileges to your choice of a state library PLUS the LEXIS 8 CAREER library. r * The LEXIS-NEXIS Office Internet Companion—Option * to rpurchase the latest award-wifining Netscape Navigator™ price startingb this summer. 2.0 at a rphenomenal r- i COUNSEL CONNECTB—Four months* of access privileges to the largest online network for lawyers, includinS e "mai1 attorney news and online seminars' - LEXIS-NEXIS Student Office-Software that combines LEXIS-NEXIS online research capabilities . , a J | I s~, ft*A member«f the Reed IL j[ ' ' j I I I /\ I ' It's your time. It's your money. It's your future. For ., . . f more information on LEXIS-NEXIS Advantages for 3Ls ° or to rplace your order, call 1-800-528-1891. _£. i Aa powerful • 11 t. t it • i connection that allows you to import data from virtually • r v »» your own «■infobase. any source and store it• in t_ -t. ... . FOR JUST $25.00 YOU GET , and award-winning Folio irrrw/c® VIEWS software. LEXIS and NEXIS art registered trademarkso( Reed Eisevier Properties Inc., used under license. The iOTORMATION ARRAY logo is a trademarkofReed Eisevier Properties Inc., used under license. Folio VIEWS is a registered trademark of Folio Corporation, used under I license. Other producrs or services may be trademarked orregistered trademarks of their respective companies. 01996 LEXIS-NEXIS, a hluvier pk group 1 / • THE CAREER STARTER PROGRAM—Four months* It's taken a lot of studying to get you to your third year. Now comes the tough part. And LEXIS-NEXIS is still here to help, with our new LEXIS 8 -NEXIS8 ADVANTAGES for 3Ls. As you finish law school, , c „ »v- package i the Bar, andj lbegin practicing, this olt study lor . • c c 1 1 products gives you the information protessional-level »l l �*v v andj.ui the world technology usedjl by attorneys throughout all at an incredibly affordable price. t I ADVERTISEMENT division ofReed Eisevier Inc. All rights reserved. *Four months include the monthsofJune, July, AugustandSeptembcr of 1996. _^^o^l!z *^mntf^^'*^^^ mt / / I \V I J / j / I J\ \ 1 I f /1 \ I 4> \ �FEATURES April 17, 1996 THE OPINION 7 UB Law's own Mr. Holland Q & A with Professor Meidinger part of the world who taught on the faculty at the University of North and Dakota, settled onthe Uni- by Dan Killelea, Asst. Features Editor His first name alone invokes the legend of a swashbuckling ladies' man, and his life's experiences have done nothing to dispel that myth. From his mountaineering college days in Europe, to his Jazz Trumpet-playing present incarnation, Errol Meidinger is an interesting man of many dimensions, and a nice guy to boot. Q Are you nervous? A Oh, yeah, 1'ye been dreading this for months. Q You did read Prof. Schlegel' s interview, I assume? A Yeah, I realized I was gonna get ripped up here. Q Did you learn anything from it? A Oh, it was too long ago. No, I don'tthink I think I knew Schlegel well enough to find all of that sort of...review material. Q To start off, let me ask you about growing up in a bilingual town. A Sure. As youknow from taking Property with me, having lunch with me, I grew up in a large area that was populated by Germans from Russia in the 1880's and is still well over 90 percent of that ethnic background... I'm thefirst generation that spoke English as a first language, but I still commonly heard German. My grandfather considered it imperative that I learn German and ...used to sit me on hislap when I was 2 and 3 years oldand teach me vocabulary and ask me the meaning ofphrases and tickle me when I didn't get it right... I think part of what my grandfather was expressing in trying to teach me German was a fear of losing me to another culture— and of course, largely he did. I don't live there anymore; I participate in a very different world from any world that my grandparents and parents fully envisioned. Q ...So, my research has turned up the information that you have a summer home there, still. A Ahhh! You've been digging into my seamy, sordid past. Yes, a few years ago my wife and I actually bought a house, across the street from the house that I grew up in after I was 7 years old. So we have this summer house that we usually spend about a monthat duringthe summerand largely give our kids the sense... ofthis piece of their heritage, and to give them the kind of incredible freedom that you can still have in a town of a thousand people on the Great Plains... So they can just jump on their bikes and go wherever they please, basically, we're not worried about them... Q This freedom that you're talkabout out there—soon your son's ing to be driving and there's no going speed limit, and... A It's Montana that there's no speed limit. That question is starting to arise. I was thinking today as I was driving in...there's certainly some inequities that arise when you go to a place like that. Lots of kids my son's age for the last couple of years have had, know how to drive... Now, of course, you don't have to go there for that; you see the same thing if you just go 70 miles, or 50 miles outside of Edinburgh, where I went for what would have been my Senior year. It was a wonderful experience...but in a culture that was not all that different from the culture that I'd grown up inI realgreat time-actually that's where I got into mountaineering; the University of Edinburgh had so. FEATURES lots of student clubs which were very important. I joined a couple of Professor Errol Meidinger 'em, but became Buffalo. Kids in farm areas just have a very active in the Mountaineering Club...spent the summer then climbing different level of, a different relationthe Alps. ship to machinery. But with our son, Q So, you started a JD/PhD proand so far it's worked fine, we've said, am... "You know, these things are very dangerous, and you have to be working A Yeah. Yeah, that was law with them day in and day out to have hool one year, graduate school the theappropriate reflexes," and hehasn't next year, sort of back and forth... In resented it too much. The fact that he the end, I did get my PhD, though I had can get on his bike and go wherever he been teaching here for about 3 or 4 wants is good enough for now... before I got it... Q Which do you think was There's a good side to this too, and that is I was thinking this morning I harder? Well, ahh,expect where I'll teach him to drive is Q I'm sure they both had their out there in those big, on those open gravelroads. challengesQ Wherethere'snothingtohit? A Yeah... I would say I guess I And felt school was more intellecgraduate A Right! if you do hit it, to hurt but more fun too; I probably tually challenging, you aren't going get too badly. was more engaged in graduate school... The [Law School] teachers tended to Q It's pretty cold there. Yeah. it's A Yeah, cold. Colder do a fair bit of "hide the ball" kind of uncommon than here. Not for it to be teaching, and often the ball turned out 20 or 30 below, but it tends to be to be a fairly trivial point, in my somesunny; I think the climate is actually what arrogant and sophomoric view... Law School was a game, but I didn't more cheery than this climate. Q You made mention earlier of respect it as much as I respected the going off to Chicago, and going to Graduate School game... I actually school... Youfinished college in North thought there were much more effecDakota, and then had to go to the Big tive ways to teach... I, over time, did CityA Yeah. Yeah; I took a little break in there. I went to the University of Edinburgh in Scotland. I did college very quickly. I was able to challenge a lot of courses that seemed fairly straightforward. I hadn't been an outstanding High School student, mind you, but I had gotten a sense of a little cockiness just by doing well on college board exams, and winning scholarships and that sort of thing. And so at UND I challenged, I don't know, 30 credithours maybe ofclasses, and then I took overloads, and so I was able to finish my coursework in 2 & 1/ I rs »A 1771 LrJ A• 2 years. And then I worked for a semester for the North Dakota State Legislature, which was very interesting and informative...And then rather thanat age 21 go on to Law School or Graduate School, I decided I wanted to try a different educational system. ...I talked to some people from that j come to understand, you know, that there was more there thanmet the eye, and that I had learned more both in Law School and in some Graduate School classes, than I realized at the time, and it's one of the things that made me rethink my perspective on just how competent students are to judge professors... I remembera couple of professors in each program in particular who weren't particularly effective in the classroom. It took me a long time to realize how much more I could've learned from [them]- I did learn a lot— but I could've learned a great deal more if I had really been paying attention and not focusing so much on technique... I think that [Northwestern] Law School is a lot better now, than it was, and I think it would be a lot more fun to go to today, probably, than it was in the early 70s. Q Let me go back in time to your experience in Chicago, and again... I've turned up the dirt on you, in how you met your wife. Now tell me, for the record— this was a pretty "swept-her-off-her-feet" kind of thing, wasn't it? A Oh boy...well, one of us did. Yeah, well I— Q Or, I should say, "she swept you off your feet—" A Right, right. Well, see, I had a nice apartment— that's the dirt. No, I went from Chicago to Lewis and Clark Law School to one of two positions as a Senior Fellow in their Natural Resources Law Institute, and the other Senior Fellow was this woman from the Natural Resources School at the University of California at Berkeley, named Margaret Shannon. And indeed, itwasn't very long at all before we were a couple, and married, and decided to have kids very shortly after that. So...the dirt onitis that I didhave a nice apartment, and I initially offered her— I had a two bedroom apartment of which I was only using one— I offered her (she had a cabin out in the woodsbut didn't have a place in Portland) ...the use of my other room, and she moved in but we ended upneeding only one of those bedrooms. So that's the dirt, I guess. So we've been together for... going on 17 years... and we have al4 year old and a 9 year old. Any other dirt that you've got? Have ... See Meidinger on page 8 WHY BAR/BRI BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCE work for you �THE OPINION 8 FEATURES April 17, 1996 Six months after graduation: time to repay your loans! school education at SUNY Buffalo can swell into a mortgage on your brain. Every spring semester, you The 1990s legal market is not fill out an application for financial likely to provide you with the reaid. Without fail, every summer sources to quickly pay off that youreceive your financial aid pack$30,000-40,000 student loan bill age that provides for the bulk of you racked up during your three your aid to be funded by loans. years here. A tzotvANationalLaw Several types of loans are availJournal article ("Graduate Debt able, some of which include the Burden Grows," Vol. 17, No. 38, Perkins, Subsidized Stafford, and May 22,1995) statedthat ofall the Unsubsidized Stafford Loans. As professions, law school graduates tuition increases, book prices soar, have the worst record for defaultshelter and food expenses loom, ing on their student loans. Some and your car starts to sound like graduatesare even declaring bankmajor repairs are imminently due, ruptcy within a year of graduation. you accept your financial aid packIf you do not budget carefully age, student loans and all. and remember that you are a stuBefore you jumpat the chance dent (living on a four-figure into receive thousands of dollars in a come), and not yet a professional lump sum payment, STOP! Plan (earning a five figure salary), you a budget that you can stick to, and, can exit law school with a major as much as possible, minimize the debt level that cancels the income amount of your loan. Do not forbenefits ofpossessing a Juris Docget, you have to repay these loans tor. and that process begins six months The easy-going acceptance of after graduation. With the interest obtaining huge law school debts and 10-year payment plan, what must be reevaluated and rejected. was once a very affordable law The long-term consequences of by Sara Meerse, Special to the Opinion assuming a large debt outweigh the short-term advantages (like buying the couch you've been in love with for years, or eating out three nights a week). What happens when you want to buy a house? or want to start a family? or get a new car? And what about your career choices? Are you going to have to turn down the job you really want because the salary will not cover your loan payments? For students interested in pursuing a career in public interest law, the average salaries are often lower than those in the private sector. Also, the current job market is not exactly a shining bright light. Job offers will still be out there, but they are fewer in number and later in arrival. Therefore, itis especially important to those students to plan for and stick to a modest budget during your law school career. Although Buffalo has a Loan Repayment Assistance Program, the limited funding enables the program to provide only modest assistance to a handful of gradu- Q & A with Meidinger, I left out anything that'll show up in Congressional hearings? Q No, that was the best of the dirtI'd gotten. Regarding your wife, you'yehadthe unique(maybe it's not too unique) experience of a long distance, commuter-type of relationship, with her living and working onthe West Coast at times, and youliving and workinghere in Buffalo; now you're both in Buffalo presently. How did that work out for you— A Well, it's always been a stretch. It's been a stretch ever sincewe left Portland... it's a set of compromisesthat we've made, but it's been very difficult for everybody, it's meant that everybody has had to giveup stuff—us andthe kids... We'vetried to keep the compromises fairly distributed among everybody; there's a lot of uncertainty in in a life like this... You never know what's going to work out best. Q I think.a lot of people who are in Law School today are maybe going to be faced with a similarcircumstance, both spouses having significant careers, andperhaps having offers in different areas, and whathave you— what kind ofadvice can you offer to people? Long distances are hard on relationshipsA Yeah; a lot of it is going to depend on your mental, on your own makeup, and what you value. I mean, I think we have always put the kids first... But I think the one piece of advice I would offer is that, you know, if you pass upthis opportunity, there's a pretty darn goodchance another onewill arise. You just have to have faith in that and keep working, and so farknock on wood— they have for us. And don't let the values that are promoted by the institution in which you're working completely dominate your life... Q I want to ask you about the brown-bag lunches... You've ... demonstrated an interest through these brown baglunches in getting to know the students, and having them get to know you; why don't you think more professors have done that? Is it a different [set of] priorities, or a different perspec- be ing full-time, (2) in civil legal services, and (3) in New York State. Consider applying for NAPIL and Skadden post-graduate fellowships. They pay fellows' loan payments for the duration of the fellowship period. Other than that, BUDGET, BUDGET, BUDGET. This cannot be emphasized enough. Make a current budget: tuition, fees, rent, books, a weekly grocerybill (and stick to it!), average monthly utilities, gas/transportation expenses, miscellaneous bills ("i.e.. credit cards [how high are those balances?]), and a modest amount for personal expenses. In addition, think about the cost of your bar review course and your livings costs duringthat time. Can you pay a couple hundred dollars per year on it, so that when midMarch of your third year arrives you are not slammed with a $ 1,000 balance that forces you to apply for yet another loan. And the new wardrobe. .ask your family to give you a clothing store gift certificate? And really, two suits for ates. Applicants must . the two interviews are really all you need initially. In addition to planning your budget, plan your postgraduation budget to determine what monthly payment you will be able to afford. Did you realize that a modest $ 12,000total educational debt demandsa $ 151monthly payment? And howfar in debt are you already? What year are you in? It's not the mid-1980s anymore folks; for the most part, theage of $80,000 starting salary is dead. Today you need to plan for a modest starting salary, ranging from $30,000 to $45,000. If you don't believe me, start checking with 1994 and 1995 alumni. Are you a victim of the "what's another $3,000" rationale? When you take out $20,000, another $3,000 does make a difference! It's time to break the law school students' addiction to borrowing money. It will catch up with you. So, remember, spaghetti andsauce isn't sobad when you've budgeted $40 a week for groceries for just yourself! current continuedfrom page 7 from that. I like Mystery. Q There's a show called quaff a certain amount of beer on a regular basis. up unfinished business. And it's a lot of fun... And so I play with my kids. My nine-year-old daughter plays sax. This is something thatis awonderful privilege, to beable to make music with yourkids and not just sort of supervise their home- "Homicide"-A Ahh, my son watches it. Q -which I happen to think is well beyond a cut above what's available. A Yeah, I think that's probably right. You know my son is friends with Schlegel's son, wjiyoupass' and so the way Q You' ye been to the [Buffalo] Brewpub, I take it? A I have not. But, you know, I have plans to do it. A It's hard for me to specuQ What about music? late about thatA Well that's something Q I'm not looking for you I've returned to. You know... i: I'm looking tor to say anything bad about any of you had asked me when I was a wards the possithe otherjunior in high school "What are bility of creating A I actually don't know the you gonna be?" I'dsay, "Well I'm some sort of Law into our house was nity,, there's a from answer. I mean, part of it is pergonna be a high school music School Jazz Steven sonal style. Ireally enjoy learning teacher."... I wasatrumpet player... Band... We have [Schlegel] telling about my students, I always have. I basically quit playing trumpet a certain number Chris that he Maybe some ofitcomes from feel- after I got to college. [But] I stil of musicians on should watch ing that there's, you know... these retained an interest in music... the faculty...[and] "Homicide"... but assumed differences. It's always When my son gotto be old enough I think itwouldbe that's the time I interesting to know what people's to look at band, it became time to fun to have a faccan practice my backgrounds are. Idon'tthinkthat say, "Well are you interested in an ulty/student Jazz Band here. horn, so that's what I d0... Law School should be as imperinstrument?" He said, "Yeah," Q Yeah, that would be a Q Well, you set your priorigood "cross-breeding." ties. A Yeah. A law school like A Yeah, yeah, and for now andhesaid "Well I think want to to have ially want to play Trumpet" I more of those justpractice my hornas long as I I "j es. And as it becomes a can. participate in ...so that's what he did. enjoy learnt less of a commuter place, making it, you Q My final question would ...It became clear that really it was important a little bit more a place where be your opinion of The Opinion. to help him practice,anc people can stand to spend more Do you read it, do youSo I enjoy meetso that I found myseli than the hours they have classes, A Idoread it. I don't know ing the students; playing periodically we can, you know, I hope we can ifI read it every issue, it depends a again, and one thing led do more ofthat, 50... Ifitlookslike little bit on when I happen to pick 1 think it's good for them to know to another, so that about it makes sense, the end of this it up... I think it's a pretty good , I realized that, "Hey, if semester I'll probably circulate student newspaper. I think it's mealittle, to know that I have a life and all, and that I have kids, and I actually practiced, this is fun, and something to people asking how important to have a newspaper that whether I'm commuting at the if I actually practiced I could get many wouldbe interested in doing both covers Law School affairs, as better." And so I did; I started a Jazz Band next year. If there are you're doing, and alsoelements of Q I was interested in find- playing seriously, I went to music enough, encouraging people to take student life, or just of life... The ing out a little bit about your percamp last summer, and I'm now oattheirinstruments overthe sumguywhowrites Wrenchhead [John sonal interests in avariety ofareas, about as good as I ever was, maybe mer and play a little bit, and bring Gasper] was a student in my Adand so let me ask you this... If we a little better... And there's noththem back. I don't know if it'll ministrative Law class, and I gotto had had this interview in late aftering that's going to stop me from work or not, but it's something I'd know him a little bit... I think that noon I would've brought you a getting a lot better than! am And like to do; I've been trying to de[Wrenchhead]'s a great section. I Saranac- what was it, Pilsner, that so, my son and I play in a commuvelop the sort of basic knowledge think sections... that bring the rest that I would need to have to coorof student life into the law school nity jazz band together every Satit, Saranac Amber. was dinate since didn't become and urday morning; just lucky A I I givepeople a forum [are] imQ Amber. OK, Saranac enough this semester to get into that High School Band Director... portant; the paper shouldn't just Amber. Do you enjoy micro the UB Big Band, the UB Jazz do you watch on be about politics orpolicy... I think Band...and let me saythat I'm defiit would be fun to see some art, if n? Sure, sure, now, mean the worst little... there are people who are doing art nitely trumpet player Right very A I I'm in not abeer...afficionado, but I don'tthe band and I wouldn't have gotsome television news, and occathat's a cut above thekind of dooturns out that wine doesn't agree ten in if one guy hadn't had an sionally Masterpiece Theatre and dling we all do on the desk, that'd with me, so I've never become a appendectomy, and another guy Mystery, butI've even driftedaway be fun to see... up tfcis opportu- (' ]andlsaid"Wel,What?" reilly \ ass Kght . . . - �FEATURES April 17, 1996 THE OPINION 9 Keeping Up the Good Work New directors ofBLSA hope to expand the group's role at UB year, and a third-year student talk about applying to law school the LSAT, LSDAS, and those things Newly-elected Black Law and about attending law school, Students Association (BLSA) from a minority point of view," President Shantelle Hughes, IL, says Hughes. The Frederick Douglass Moot and five other first-year law students officially took the reins to Court Competition is an national one of UB Law's largest, most tournament dealing with race issues. "We didn't have the funds to active student organizations dursendanyone this year, but UB will ing an April 9 induction proceeding. WhatBLSA has accomplished definitely have competitors there so far this year, and what Hughes next year. We've won in thepast, has planned for the coming year, is and I think that our success in the a vitalconglomeration of commutournament heightens ÜB's nanity activities, law school events, tional recognition," explains and inter-graduate socials. Hughes. The local BLSA also runs the "Our major goal is to adminAdopt-a-High School program. "We act as mentors for students of ister programs mandated by National BLSA, like UB Law Day Bennett High School [on Main and the Frederick Douglass Moot Street]. Law students help conCourt Competition, explains ductregular courses in career training in thefield oflaw. We also act Hughes. UB Law Day, is a yearly foas big brothers and big sisters and rum wherein law students speak to try to help the students both academically and personally," says undergraduate and high school students about law school. This Hughes. The Adopt-a-High School year's, heldlast October, tookplace program was initiated last fall by former CommunityLiaison Lenora at the Gloria J. Parks Community Center on Main Street. "We try to Foote, 2L. disseminate information to stuBLSA isalso doing its part to dents from ÜB, Canisius andother a withstudents solidifyrelationships schools. A first-year, second- - by Mike Chase, Features Editor Internet aids for appellate brief research by Julie Meyer, Assistant News Editor Currently, most first-years can be seen agonizing over their appellate briefs for their research andwritingclasses. Typically, the first-year fight or flight response to such an assignment is to bury themselves in the library and begin researching stack upon stack of dusty everything. Since the advent of the Internet, law studentsneed not sufferas much when they research topics. The Internet is full of legal documents and sources. One of the best ways to access legal resources on the Net is through one of the following engines: Yahoo Lawyers' Cooperative Publishing Company sponsors a browser for most law-related resources, and was available as of Fall '95. The URL for this database is (http://www.lcp.com/TheLegal-List/TLL-home.html). Another database is the Electric Library (http://cgi.netscape.com/ www_s/inserts/ electriclibrary_search_dist_adcgi), consisting of more than 1,000fulltext newspapers, magazines, academic journals, and reference Hughes hopes to use some of this year's money for a scholarship something which the group has been unable to afford for some time. "We hope to start small and eventually have the scholarship grow over time," explainsHughes. On April 27, BLSA is sponsoring the Students of Color Dinner. One hundred-fifty students are attending the dinner, which will be held at the University Inn. "The dinner is an effort to recog- nize students of color and their achievements in law school," explains Hughes. Problems thatthe group faced in raising funds to subsidize students attending the dinner were allayed when other student groups committed funds from their own The BlackLaw StudentAssociation Office, Room 116 budgets to the effort. "The Minority Bar Association, the Deans on both inside and throughout ÜB, behalf of the law school, BPILP, are outside the law school. "We BAR/BRI, and the SBA all conwith minority involved groups tributed to from all different UB schools - the the dinner. undergraduates, the business There are a school, and the dental school," few seats explains Hughes. Last semester, left for anyBLSA sponsored a campus-wide one who Jazz Night at Hemingway's. "I'd wishes to like to have more of those kinds of is unable to afford. go, but afengagements," added Hughes. ter that, Shantelle Hughes, Pres. tickets are The organization also works closely with Asian AmericanLaw Nicole Fox, Vice-Pres. cording to Students Association (AALSA), Latin American Law Students As■ AALSA James Deßose, Treas. representasociation (LALSA), and Native cessful," notes tive to the American Law Students AssociaAyoka Tucker, Secretary Students of tion(NALSA). "We try to be there Hughes. Color Dinfor each other whenever we're Arthur Wemegah, Regional ner , to a needed. We hope put together Representative Jonathan be newspaper that will published all by four groups," says Hughes. Betty Calvo, Community ■ BLSA currently produces an annual newsletter, The Dissent, m a t i on which is made up of all types of ■________» about to writings, from political essays poetry. This year's issue is due in several straight donations. We all a couple of weeks, according to appreciate the support and contri- stop by Room 113. New BLSA Officers «»■«—■.— .—t W "'I"l"l- -■■■ books. If a vital piece ofinformation still eludes discovery, try the 1996 World Wide Web Ultimate Home Page (http://hoohana.aloha.net/ -billpeay/ulthome.html). This URL contains links to just about anything everywhere, including most search engines. Or, the URL InfoSeek Net Search (http:// www2.infoseek.com), to draw information from bothfree and commercial sources. Yahoo, Lycos, InfoSeek Guideand Magellan can be accessed from InfoSeek. Net (http://lycos.cs.cmu.edu), WebCrawler (http:// webcrawler.com), or Lycos (http:/ /lycos.cs.cmu.edu). Yahoo, compiled by Netscape, is known for its comprehensiveness and user-friendly qualities. WebCrawler, similar to Yahoo, is assembled by America OnLine, Inc. Lycos is a database Search, too. created through Carnegie Mellon If there is no other way, and University, but it also directs users the source cannot be found, then to other web pages. try the Open Text Index (http:// Another search engine to use cgi. Netscape,com/www_s/i nserts/ is the database Galaxy (http:// oti_search_ad.cgi). Thisindexwill www.einet.net/galaxy/Law.html). scan through its 21 billion words Compiled by TradeWave Corpoits Web pages contain during evration, Galaxy can access the full ery search. Narrow the search text of the United States Code, with titles or authors, instead of United States House Bills, the Likeywords. brary of Congress, and the home pages of other law schools. Goodluck! 7n _±J A' I why BAR/BRI BECAUSE EXPERIENCE COUNTS Let the POWER OF EXPERIENCEwork for you | I �10 THE OPINION ADVERTISEMENT April 17, 1996 Pass. Guaranteed/ With the MicroMash MBE Review. It's the comprehensive, computerized solution, with the official questions from the most recently released MBE. Worried about your MBE? Concerned that a lastminute seminar, and three days of prep, may not be enough? Not sure if your MBE has the "real" questions? It's no wonder you're worried. And you're not alone. It's more comprehensive and disciplined than a seminar. It provides personalized help and guidance every step of the way. It drills you, guides you, and tells you when you're really ready for your MBE. All you need is aPC — Windows® or DOS — or an APPIe Macintosh®, and this amazing Set your mind at ease with the MicroMash MBE interactive software. Review. It uses over 2,000 questions including the official questions from the most recently released Use it with one of our state packages, or even another provider's state package, MBE. It includes SMH Bar Review materials. It also includes a built-in we guarantee y° u 'U pass your Bar Exam. personal instructor that pinpoints — forces you to overcome your weak areas, and drives you hard to your ultimategoal ■ _f4|PJI L _L disks today ■ 1-800-BAR-EXAM, Free Demo Disks! Call now! MicroMashM 6402 South Troy Circle • Englewood, CO 80111-6424 1-800-BAR-EXAM • Fax: (303) 799-1425 • e-mail: MicroMash@icsleam.com © 1996 M-Mash, Inc. Registered trademarks: MicroMash, The MicroMash Way, M-Mash, Inc. All other trademarks are the property of their respective companies. don't pass your Bar Exam, we'll give you free updates of our MBE Review until you do. * Complete our MBE Review, and if you Certain restrictions apply Call for complete details. gM �by THE OPINION COURTWATCH April 17, 1996 , COURTWATCH Steven Dietz, Managing Editor The Right to Die Two Federal Circuit Courts have recently come to the same conclusion: there is a Constitutionally protectedright of a terminally ill competent adult that wishes to die. The court considered another state interest the court to die. The two courts came to the same conclusion from said was not asserted by the lower court: that the decision entirely different directions. The Ninth Circuit stated that to end one's life be truly voluntary and not be a result of the Washington Assisted Suicide statutes violated the due coercion. process clause ofthe 14thamendment. The Second Circuit The court then considered the means by which the held that a similar NY statue violated the equal protection state sought to protect its interests. The court stated that clause. It is an open question, however, whether the many critically ill patients do not have the means to commit suicide on their own. For these people, a ban on aiding Supreme Court will accept either rationale. The Ninth Circuit, in Compassion in Dying v. Washsuicide acts as an absolute prohibition against suicide. The ington. 94-35534 1996 WL 94848 (9th Cir. 1996) struck state interests in preventing coerced suicides by terminally down the portion of the state of Washington's assisted ill patients would best be served by regulation, not a suicide statute that prohibits anyone from "aiding" a sui- prohibition, according to the court. cide, holding that such a ban violated the due process clause The dissent by Justice Beezer defined the liberty of the Fourteenth Amendment. The majority opinion, by interest sought to be protected as the right to physician Judge Reinhardt, however, declared that the state had assisted suicide (two dissenters wrote separately to deny that any such liberty interest could exist). Since a fundalegitimate interests in regulating assisted suicide. The court defined the liberty interest infringed upon mental right was not implicated, the court should examine by the provision as the determination of the time and whether the statute was rationally related to legitimate manner of one's death. The test it chose was not the government purposes. He would hold the statute was traditional, "strict scrutiny or rational basis" test but a rationally related to four such purposes: preserving life, "sliding scale" test which balances the importance of each protecting the interests of innocent third parties (such as of interests asserted. Itrejected the argument thatthere was minorities or the handicapped), preventing suicide and no historical basis for the existence of the right, and further maintaining the ethical integrity of the medical profession. stated that historical analysis is not a sufficient basis for Thus, the statute did not violate deprive terminally ill rejecting a claimed liberty interest. The court then subpatients with the liberty interest in assisted suicide without jected theliberty interest to a balancing test against the state process of law. The Second Circuit, in Quill v. Vacco. 95-7025.1996 interests asserted. The majority opinion saidthat the interest in choosing 148605(2nd Cir. 1996) rejected the view that assisted the manner and time of one's death was not a fundamental ide was a fundamental liberty interest. The majority opinion by Judge Miner, stated that the right, but a liberty interest. It statedthe individual is not free "to exercise this interest in all circumstances or to doso free statute criminalizing assisted suicide falls under the catfrom state regulation." egory of social welfare legislation. This legislation is According to the opinion, "the state may assert an subjected to rational basis scrutiny, according to the opinunqualified interest in preserving life in general." This ion. interest, however, does not control under all circumstances. The court stated the statute violated the equal protecWhere a state has already declared that the terminally ill tion clause because it does not treat equally all terminally ill patients may have life-sustaining treatment withheld, the persons who wish to end their lives. Those who are on life state, by implication, has endorsed the view that the assupport systems are allowed to hasten their deaths by serted interest is less important than the wishes of a comperemoval of such systems, but people who wish to hasten tent terminally ill adult to hasten his death. deaths by ingestion of self-administered prescribed ? are not allowed to do so, according to the opinion. Likewise, the court held that the state's interest in The court denied that the state could assert either the preventing suicides is substantially diminished in the case preservation of life or the interest in preventing suicide as a legitimate state interest, because the state already permitted terminally ill patients to end their lives by refusing co,lti,tt<eli / medical treatment In doing so, the court ironically relied onreasoning by Justice Scalia, whorejected a distinction befewer lawyers. Gnesbober reviews all contracts of Rich Products. He said he tween and active passive concerns himself with interacting with Rich Products' clients on an individual means as an arguof suicide basis to ensure that all aspects of the relationship go well. He recommends being ment either against practice. a good advisor and good friend clients, and to beavailable whenthey need you. the The court identified All three panelistssaid itis difficult to get a legal internship in sports and to state be fursought interests entertainment law. They suggest consideringinternships that are not law related, but that are in the field you wish to pursue. Each also recommended that applicants take extra care to be sure cover letters and resumes are perfect, and to tailor cover letters to the specific organization to which you are applying. A carefully prepared resume and cover letter may help an applicant get noticed in a large pool ofapplicants. thered by the statute: the interest in maintaining the ethical integrity of the medical profession, the interest in preventing coerced decisions to commit suicide, the protection of the poor and the handicapped, and the prevention of the abuses of the Netherlands euthanasia laws. It held that the assisted suicide statute was not rationally related to any of those legitimate state interests. Will the Supreme Court agree with either of these analyses? The leading Supreme Court decision in this area is Cruzan v. Missouri Dep't of Health. 110 S. Ct. 224 (1990). The court in Cruzan heldthatthe state can require "clear and convincing" evidence that an incompetent's wishes to withdraw life-sustaining treatment before such treatment can be withdrawn. This decision by Chief Justice Rehnquist, joined by present Justices O'Connor, Scalia and Kennedy, rested not on equal protectionanalysis, but on the question ofwhether therequirement violated due process under the 14thAmendment. These justices, together with Justice Thomas, could form a potential "pro-life" bloc that would overturn the assisted suicide decisions. The court inCruzan declined to rule whether there was a generalized "right to die," and instead assumed that there was a liberty interest in refusing lifesaving hydration and nutrition(Justice Scalia was the solejustice whowouldhold that the petitioner did not have this interest). Therefore, in any future case it is likely the court will define theasserted liberty interest narrowly. The lower court inCompassion in Dying defined the interest extremely narrowly in order to make it seem less legitimate. The dissent in that case also defined the right more narrowly than the majority. There are two significant differences between the Cruzan case and the assisted suicide cases. First, the assisted suicide cases involved persons who are capable of making rational choices about major life decisions. The courts in the Cruzan case could only speculate, since the woman was in a persistent vegetative state. On the other hand, the treatment in Cruzan was coercive in nature. The assisted suicide laws merely prohibit physicians and others from aiding and abetting persons from committing suicide. When evaluating these statutes, the court is not likely to follow the Second Circuit'slead in givingno weight to the state's interests in the preservation of life. The court in Cruzan held that the state may assert an unqualified interest in the preservation of human life. The decision ultimately will come down to what test the court will choose to apply in balancing the liberty interestagainst the government interest. If the court chooses therational relation test, the statute will surely be upheld, as the rational relation between that interest and the prohibition ofphysician assisted suicide is obvious. If some sort of heightened scrutiny is applied, the results will be less certain. However, should the Supreme Court decide to strike down "assisted suicide" statutes, it seems more likely to adopt the reasoning of the Ninth Circuit rather than the Second, if the reasoning of Cruzan is any indication. » E rewrewrw I meetshorintgs SBA lid BAR/BRI ; A objected, so VanLoon received the position. The decision needed to be made at the meeting because VanLoon plans torun for an executive board position onSubBoard this week, Also, the date for the annual budget meeting was set for Sunday, April 28, 1996 at five p.m. All groups must have a representative present to receive funding for the next academic year. WHY - [ BECAUSE EXPERIENCE COUNTS \x\ the POWER OF EXPERIENCE work for you 11 �ADVERTISEMENT THE OPINION April 17, 1996 12 LlJ^lAmlAj^ "AS OF 4/4/96** NEW YORK SUMMER 1996 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA, GA AUSTIN, TX BERKELEY, CA BOSTON, MA BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, Nil DURHAM, NC HAMDEN, CT HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA PITTSBURGH, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO. ROY ALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HUNTINGTON 2) RIVERHEAD SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS Albany Law School - (Begins 5/28) Univ. of Michigan Law School - (Begins 6/3) Southern College of Technology Student Center Marietta Univ. of Texas Tarlton Law Library - - - International House Boston Univ. School of Law 9AM/I:3OPM/6PM 9AM I:3OPM 9AM I:3OPM 9AM/I:3OPM/6PM Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Rutgers Univ. Campus Center - North Cafeteria Omni Charlottesville Hotel - (Begins 5/28) 9AM/I:3OPM/6PM 9AM/L3OPM/6PM Univ. of Chicago Law School 9AM 9AM I:3OPM 9AM 9AM 9AM 9AM/I:3OPM I:3OPM 9AM Northwestern Law School Franklin Pierce Law Center Duke Univ. School of the Environment - Quinnipiac College School of Law Univ. of Hartford - Gray Conference Center Hofstra Univ. School of Law Cornell Law School BAR/BRI Office 3280 Motor Avenue 9AM/L3OPM/6PM 9AM/I:3OPM - NYU Law School A Eastside - Loews New York Hotel - - I:3OPM 9AM/I:3OPM 569 Lex. Aye. (at 51st St.) B Westside (1) Town Hall 43rd St. (bet. 6th Aye. & B'way) - (Begins 5/22) (2) BAR/BRI Lecture Hall 1500 B'way (at 43rd St.) Columbia Univ. Altschul Aud. (117th St. & Amster.) (Begins 5/28) Marriott Financial Center - 85 West Street - - - - Coral Gables 1570 Madruga Tinton Falls Holiday Inn - 700 Hope Chancellor Day Hall McGill Univ. Rutgers Univ. Law School - (Begins 5/28) 1157 Chapel Street Colony Law School BAR/BRI Aye, Office Road Old Inn Tulane Boston College Law School Stanford Law School Sheraton Univ. City - 36th & Chestnut Univ. of Pittsburgh School of Law Vassar College 6PM 9:3OAM (LIVE) 9AM/L3OPM/6PM 9AM 6PM 9AM I:3OPM 9AM 9AM/L3OPM/6PM 9AM 9AM 9AM I:3OPM 9AM/I:3OPM 9AM 9AM CUNY Law School St. John's Univ. Law School Days Inn Downtown 384 East Avenue Nanuet Inn 260 West Route 59 Vermont Law School WNEC School of Law Wagner College 9AM Touro College of Law Ramada East End - 1830 Route 25 Syracuse Univ. College of Law Ontario Driving Training Center 20 Eglinlon GW Law School (Begins 5/30) Georgetown Law Center - (Begins 5/30) Pace Univ. - Hayes Theatre 9AM/L3OPM/6PM 9AM/I:3OPM/6PM - - - - 9AM 9AM I:3OPM 9AM 9AM 9AM 9AM/6PM Aye. East 9AM 9AM/6PM I:3OPM 9AM/I:3OPM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-04-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 11 17.04.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/17/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a06d0fbfc60115e9dea79344f21ef6c.pdf 0bfcd6393af0d8e1efd58a1216b1eba7 PDF Text Text Volume 36, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW What are they thinking? How Re-thinking SUNY affects UB Law by Julie Meyer, Managing Editor The SUNY Board of Trust­ ees' proposal for changing the state education system, "Rethinking SUNY," will restructure New York's higher education system in light of decreasing state support for SUNY schools. State support of SUNY was cut by more than $176 million in the 1995-96 bud­ get and Governor Pataki has pro­ posed another reduction of $98 million for SUNY in his 1996-97 budget. In 1988, state support accounted for 85 percent of SUNY's budget. Currently, that number ranges between 47 and 48 percent. New York state is rumored to possess a surplus of $445 million from this past fiscal year. These extra funds could be attributed to a strong year on Wall Street, as well as decreased spending on social programs. Pataki has proposed adding $66 million of this surplus to next year's budget, however, SUNY will not necessarily be allo­ cated any of the money. Rethinking SUNY will po­ tentially aff~ct both faculty posi­ tions and financial aid, including the Tuition Assistance Program (TAP). Dean Barry Boyer com­ mented, "Things are changing rap­ idly and confusingly on the budget front, the situation keeps_changing with regard to the Law School bud­ get." Since January, 147 retrench­ ments - official layoffs by the uni­ versity - have occurred in many SUNY schools. UB has not lost any positions yet, due to last year's budget. However, at a budget hear­ ing earlier this semester, Senior Vice President for University Ser­ vices Robert Wagner, stated that 85 to 300 positions were in ques­ tion at UB. The number of law staff jobs that could be eliminated is unknown. Financial aid will also be af­ fected. The Trustees are consider­ ing reducing or cutting the Tuition Assistance Program (TAP). While undergraduates could lose $1,170 in TAP funds, law students might lose all state government financial aid. Loan availability may also be reduced and campus fees in­ creased. The total cost of tuition could be raised by as much as $2300 next year. The 1995-96 tuition increase of $750 forced 8,500 students out of the SUNY system. Because of these potentially damaging effects on jobs and fi­ nancial aid, the New York State Senate Democratic task forc;e on the "Future of Affordable Higher Education" conducted a series of five public forums at campuses across the state to garner feedback on the proposal. The task force was headed by Senate Democratic Leader Martin Connor and in­ cluded ten other Democrats. The task force's goal was to find ways to economize SUNY to accommo­ date decreased state support. In a report entitled "SUNY: Rethinking, Shrinking or Sinking?" released earlier in April, the Demo­ crats criticized the lack of the public's involvement with the de­ velopment of the proposal. The task force commented on the trou­ bling nature of a document re­ leased by SUNY Central, listing 140 programs targeted for elimi­ nation. SUNY Central did not obtain input from either faculty or students for the article. The Democrats made the fol­ lowing recommendations: 1) state funding should be reinstated at its 1995-96 levels, for SUNY and CUNY schools, 2) TAP should be maintained at its current amounts, 3) TAP award levels should stay linked to levels of tuition, 4) Tu­ ition should not be raised, 5) Dif­ ferential tuition, beyond what al-­ ready exists, should not be permit­ ted, and 6) SUNY Central should alter its document to include the ideas of students and faculty. In determining its recommendations, the task force heard statements from over 100 students, faculty and administrators within the five hearings. The task force's report also mentions that in the past five years, SUNY undergraduate tuition has jumped from $1,350 per year to $3,400 per year. UB adds $600 in fees to the tuition, making the total cost $4,000. The Democrats ad­ vised that further tuition increases be avoided at this time. To find out the most up-to­ date information on budget changes and Rethinking SUNY, access the New York State Stu­ dent Assembly's web site at http:/ /stu_ assembly .ca.sunycentral.edu/ May 1, 1996 �2 THE OPINION OP/ED May 1, 1996 b/ Dawlds.Leone So what changes in the curriculum are you going to make next year? \ So what h?thersome crap Well, we're really grasping at are w_egomg to have to put straws trying to look convincing up with next year? so we can continue to get raises Well, we have a focused, goal­ oriented plan that will move this while pursuing our own political school toward the first tier. agendas. \ What1smeanL What1ssaid. Interpreting -UBLaw-ese• STRESSED out over the Bar Exam? LET PIEPER HELP! ! ! PIEPER BAR REVIEW has been preparing students to take the New York Bar Exam for over 20 years. This is the only course where you will be prepared by John Pieper, an expert in bar exam preparation. Don't settle for less .than the best! ! ! Call 1-800-635-6569 �NEWS May 1, 1996 THE OPINION 3 Dub rule's memory honored by all Law students combine creative talents to remember their friend by Kristin Greeley, News Editor About fifty law students and faculty attended a memorial ser­ vice for Chris Dubrule, who passed away in December. Also in atten­ dance were Dubrule 's parents and his wife, Mary. The service was held on Friday, April 19, in the Center for the Arts. Reverend Roger Ruff opened the ceremony with a welcome for the attendees. Rev. Ruff said, "Chris made the most of his present for himself and others. The chal­ lenge now is for us to carry on now that he is gone ...This is a time to commit to undertake the tasks, hopes, and dreams which Chris took on ...The best and most hal­ lowed expression oflove for Chris is to make our world a place of happiness." 2L Denise Neuhaus then read a poem entitled "The Fruit of Life: A TributeinFondMemoryofChris Dubrule." Neuhaus' sister, Mel­ issa, wrote the poem especially for this occasion because Neuhaus could not find a poem or other reading that adequately expressed her memories of Dubrule. "Chris taught us to appreciate the fruits of our lives," Neuhaus said. The ceremony continued with members of the law school com­ munity expressing their memories of Dubrule. The first to speak was Dean Nils Olsen. Dubrule was in Olsen's first year Civil Procedure class, and began working in Olsen's Environmental Policy clinic the summer after his first year of law school. Olsen said, "Chris stood out as an individual with superior in­ tellectual and personal qualities ...He demonstrated a real ability to empathize with his clients ...not only have we lost a member of our community, the profession has lost a person of unusual personal qualities and po­ tential." The next to speak was 2L Marianne Pansa, who was instru­ mental in planning the service. She said that in Dubrule she knew she "actually found a true friend ...Chris cared about the people around him; you felt connected to him no mat­ ter how long you knew him." "What really struck me was his love for his family, especially his wife Mary. He was very vocal about that," Pansa said. She then read a poem entitled "Drop a Pebble in the Water." Pansa said that Dubrule was like a pebble dropped in the water, creat­ ing ripples whose impact affects Students of color co-sponsor dinner Candles highlight commitment to achievement personal experiences with the law ods Program and the students of inspired everyone present. He color. Professor Filvaroffwas hon­ encouraged all the future lawyers ored to receive this award and he to remain true took the op­ April 27, 1996was a night to themselves portunity to to remember. The University's and to remem­ remind the "' i:: Inn Grand Ballroom was filled to ber their re­ ~ audience of ...i capacity by students, faculty and sponsibility to ~ Professor alumni celebrating UB School of their ancestors ~ Hyman'sinLaw's diversity. The Annual Stu­ when directing ~ novative vidents of Color Recognition Din­ their legal ca­ sion in cre­ ner combined the efforts of the reers. Mr. ating a pro­ Asian American Law Students As­ William's gram sensi­ sociation (AALSA), the Black Law moving words .,,... tive to the Students Association (BLSA), the received a ,...,. needs of dis­ Latin American Law Students As­ standing ova- (L-R): 1L Kristen Nowaldy & advantaged guest, & IL Leila Hila/ sociation (LALSA) and the Native students. American Law lion by everyEvery organization rec­ Students Asso­ one present. ognized their graduating members "' ciation § Every by presenting them with small gifts (NALSA) in "' ...i year the reflecting their appreciation and honoring the ~ graduating best wishes in their future endeav­ ~ achievements of ;,. students are ors. Unique to the Students of ~ C:) the graduating asked to se- Color Dinner is the tradition of the ,S' students of­ !eel a faculty graduating third year students to .s color. C member who pass their legacy to first and sec­ ~ c:,. T h e has demonond year students. This candle highlight of the st rated an out- light ceremony inspired the remain­ evening was the 2L 's Alfredo Acevedo & Lenora standingcoming students to continue their com­ keynotespeaker, Foote mitment to mitment to their respective orga­ Paul Williams, the students of color. This year's nization and to continue to strive Esq., a distinguished Native Ameri­ Jack D. Hyman Award was pre­ for the diversification of the legal can tribal attorney practicing in sented to Professor David B. profession in the hopes of improv­ Canada. His speech combining Filvaroff for his dedication to the ing the opportunities available to Native American tradition and his UB Law School, the Legal Meth- people of color. by Jeanette Castagnola & Karen Scalley, Special to the Opinion the water far from it. "He had such a consistent personality, his presence is still felt by all of us," she said. The third speaker was 2L Bill Ganley. Ganley praised Dubrule's "ability to make you feel comfort­ able and at ease ...He always had time for those who sought him out." "If we can learn anything from Chris' leaving us, it's to take time to value friends and family," Ganley said. The final speaker was 3L Dan Werner. WernerpraisedDubrule's love for life and family, and his ability to make others feel wel­ come. "Chris represented the force­ ful rejection of the division this place creates," Werner said. After a period of reflection, Rev. Ruff read a poem entitled "The Path that Leads to Nowhere," by Corinne Robinson. 3L Bob O'Brian then gave a musical tribute to Dubrule. He performed a song whose lyrics were the text of a letter falsely convicted murderer Nicola Sacco wrote to his son the night before he was executed. The letter was set to music by folk singer Pete Seegar. The song contains Sacco's instructions to his son about how he should live his life in his father's absence. The last line of the song expresses Sacco's hope for how his son will treat others: "Help the weak ones at your side." Rev. Ruff closed the cer­ emony by conferring the traditional Gaelic blessing on the participants. A reception followed the ser­ vice. The SBA also accepted con­ tributions toward a scholarship fund in memory of Dubrule. ~-------------------~ I-------------.-~~:••• : ;cio"1U£P TJ.lfAT£R ! lI oW\JEV Ti-lfATtR I / / · l l I 1 ~ I I i..__/f {I , / ; : L // hii , l, ,~s, IF You'Qf'.' 1lci'1NG- 1o -ri+i; HRs"fAK~l-l"DHi;:Nt,You'I/~ Go,- Ii' 8.40:::WARDS/ ' •~AMN 1T. c~1G, L-------------------~ ::::;::::::::::::r::::::: ···•,•·····':.. ..... •,• .............. .·.:.:::.:.:.:.:::.:(~));~:~:}::~: ~~~~ Correction: In our 4/17/96 issue, the features :.tory we ran incorrectly named·BLSA as the sole sponsor of the Students of Color Dinner. BLSA co-sponsored the Students of Color Dinner in conjunction with: ( . . - ..-----.. ..- ---..- ---..- .. -.... ... - .... - �EDITORIAL THE OPINION 4 Bri111:i111: the"'"''' t11tl1t 1/11t/u111 111He Tell us your opinion! /Y.JY BPINION Volume 36, No. 12 Founded 1949 Jessica V. Murphy Editor-in-Chief May 1, 1996 May 1, 1996 Julie E. Meyer Managing Editor EDITORIAL: Since this is our last issue, we will be unable to print any of your comments or suggestions regarding this issue or salient law school concerns. However, we will be more than interested in what you have to say next year, and look forward to serving you. Thank you. The Staff of the Opinion Be a block-head Attention Professors: In case you haven't noticed, over the last year the faculty have switched the law school to a system of blocks instead of semesters. Each former semester now consists roughly of three blocks, with a single block between the Fall and Spring sessions. I like the new system and I openly applaud it. Clap, clap. B~d and a DJ.:AU in ~-dil ev~ a w~ a pl~llilt ~~r.with f.auly &96.d imw.4: Conspicuously absentfton1:-'tiuseyen_t; mostfactilty. ·____ . ..:_·.-'.. --<_,-..·.__,., _.-:-/ . .Earlfortffis spmJ& thtfSBA:held the s~rid Bariisters• Batt !\gain,tlier~~as) The new system allows for convenient compartmentalization (I learned that word in Corporations) of classes only needing four or eight weeks to complete. Also, the Fall and Spring blocks are now symmetrical. The school calendar for 96-97 includes both a Spring and Fall break. So, the law school now provides equal opportunity for the seasons. I'm sure Mother Nature will be pleased. However, the block system not only encompasses short classes and happy mothers, but also ideally creates a whole mental state, to be embraced by professor and student alike. So why am I telling you this? Because the block system needs some PR. Professors treat the block system like an orphan. Case in point: only one of my ten professors took blocks into account when designing their respective course outlines. (I'm not going to tell you her name, but it rhymes with "wrench" and she teaches a course that has a lot to do with the Sherman Anti-Trust Act.) Taking a purely blockheaded view, the course was excellent. Her course was broken into two parts. (Okay, professors need to start paying attention here). She used the first and secbnd blocks to teach and discuss case material. The third block was dedicated to student presentations. The reading was, of course, heavier than normal in the first two blocks, but her outline provided heavenly relief from reading in the third block. Additionally, the student presenta­ tions were informative, relaying the current issues affecting the area of law covered in the course. This structure gave the class time to prepare for the exam. Imagine actually having time to sit back, review, and understand a course's material, instead of learni11~case law right up until the twelfth hour. So, professors, take a step back and ask yourself, "Self, are you really helping the students by bombarding them with case law for an entire semester? Maybe, Self, you should step in line with the block system and help to turn the law school into a modern, more successful learning institution." In other words, maybe you too should be a blockhead. David S. Leone Photo Editor Editors' Note: We concur unanimously. Clap, clap, clap, clap, clap, clap!!!! ---------STAFF--------Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Deshika Botejue Kristin Greeley I.B. Vacant David Leone I.B.Vacant II A<isistantEditors: Features: David Fitch Photo: Senior Editors: Michael Chase, Steven Bachmann Dietz, Len Opanashuk Editor-in-Chief, Emeritus: Samuel S. Chi The Opinion i.<a non-profil, independenl, student-owned and run publicalion funded by 1he SBA from studenl law fc!c:.<.The Opinion. SUNY At Buffalo Amber.a Campus, 724 John Lord O'Brian Hall, Buffalo, New York 14260 (I 16) 6452147. The Opinion is published every two week.< during lhe Fall and Spring semesters. It is the s1uden1 newspaper of the S1a1eUnivers11y of New York al BuffaloSchooloflaw. Copyrighl 1996byTheOpiJiion.SBA. Any reproduction of materials herein 1s s1ric1ly prohihiled wilhout the exrres.< consenl of lhe Editors. Suhmis.sion deadlines for lellers 10 lhe edilor and Persf'<'Clives are 5 p.m. on the Friday preceding publication. Adverusing deadlines are 6 p.m. on 1hc Friday preceding puhlicalion. Suhmis.<ions may cilher be sen I to Tile OpiniOIIal 1he a hove noted address, drof>f>Cd off under The OpiJi;OII office door (room 724 O' Brian Hall), or placed in Box #(>40on lhe lhird floor of O'Brian Hall. All copy mu.<Ibe typed, doubled-sraced, and suhmilled on paf"'rand on a compuler disk (IBM-WordPerfccl 5.1). L:llers arc best when wrillen as a part ofa dialogue and must he no more lhan two pag"-<douhle•Sf"'ced. Persp,:ctivc:., are generally opinion article:.<concerning lopics of interest to lhe law school communi1y and mus1 he no more 1han four page:.<double-spaced. Tile Opinion read.<and •J111reciatc:.< every ieucr and Perspccllve we rcccive; we res.:rve 1heright 10edil any and all submis.<ions for space as necc.ssary and also for libelous c11n1en1.The Opinion will not puhhsh un.<ignedsubmis.<ions. We will return your disk.<to yourcampu.< mailbox or to a privale ma1lhox 1fa self-addrc:.s.sedslamped envelop,: L<provided. The OJlinionis dedica1ed 10 provide a forum for lhe free exchange of idea.,. A.<a resull, lhe views exprc:.s.sedin this ncw,papcr arc n111nec.:s.<llrily those of lhe Ed11orsor Slaff of The OpiJiion. "Con,:res.f.fhall make no law ....abridging the freedom of speech, or of the press; ... " •· The Firsl Amcndmen1 PAD explains directory solution To All Law School Community Members: As most of you have already noticed, we did not print and distribute our Annual PAD Student Directory this year. We sincerely apologize for any inconvenience this may have caused you. We have already rectified the problem, and have begun executing plans for next year's directory. We ask for your patience and understanding in this matter, and look forward to serving you in the future. Very Truly Yours, Molly Kocialski, Justice Scott Lovelock, Vice-Justice Anne Graff, Treasurer Jessica Murphy, Clerk �News May I, 1996 THE OPINION 5 AALSA hosts alumni discussions Law Review lauds Prof. Joyce wa<;a Ford Fellow at Harvard. Joyce also clerked for the Supreme Judicial Court of Massachusetts and the Both past and present members of the Court of Appeals, District of Columbia Cir­ Buffalo Law Review congregated to bestow cuit. honors upon UB Law Professor Kenneth F. Since 1984, Joyce ha<;been the Execu­ Joyce at the Seventh Annual Law Review tive Director of the New York State Law Dinner, held la'lt Thursday, April 25 at the Revision Committee. He, along with former Delaware Park CaLaw School Dean sino. Louis Jaffe, The evening's authored Chapter guest speaker was 17 of the treatise the Honorable Judicial Control of Kevin M. Dillon Administrative Ac­ '76, Erie County tion. He has also District Attorney written numerous and adjunct profes­ articles on federal sor of criminal law taxation. at UB Law School. According to J a m e s UB Law School Graeble, 3L and Dean Barry Boyer, Editor-In-Chief of the demand for the Buffalo Law Joyce~s classes is Review, said, "Pro­ consistently high, fessor Joyce repre­ and Joyce wins the sents all that a great Faculty Award at law teacher should commencement be, and we want to regularly. give him the rec­ Joyce's ognition and praise teaching focuses that he deserves." upon federal taxa­ Professor tion, trusts and es­ Joyce continues to tates. serve the UB Law Boyer said, School Commu­ "Joyce is appreci­ Professor KennethJoyce nity after 32 years. ated by faculty and HereceivedaB.A. students alike for and an LL.B. from Boston College, as well his keen intellect, wonderful sense of hu­ asanLL.M. from Harvard University. Joyce mor, and marvelous teaching ability." by Jessica Murphy, Editor-In-Chief AALSA Members (Lto R): 2L Thomas Rhee, 2L Sam Chi, 3L Sadasivam Manickam, 2L Flora Chan, and JL Min Chan by Sarah Braen, Staff Reporter On Friday, April 26, AALSA spon­ sored two events which addressed impor­ tant current legal issues as well as some basic elements of the legal profession as a whole. The first event was a presentation by alumna Susan Soong. Soong discussed the new guidelines to assist Immigration and Naturalization Services Asylum Officers in processing the claims of female applicants in gender-based asylum cases. These guidelines also make the pro­ cess less difficult for the women in these cases. The new guidelines include sugges­ tions such as having a female officer to listen to the claims of women and having a female interpreter to more accurately repre~ sent the claims. Other guidelines include a resource center to assist officers in their deliberation, including information on cultural differ­ ences which may aid the officer in making a full and correct analysis of the woman and her claim. Soong said these guidelines are a ne­ cessity in light of the recent Terrorism Pre­ vention Act, which reduces the amount of judicial review of asylum denials. Under the Act, only the asylum officer supervisor can review such denials. These guidelines are more crucial now since they help assure that cases are viewed in the most favorable light at the earliest possible stage in the process. The second event was an alumni dis­ cussion panel. The participants were Soong, Vi pan Singh, Stephen Lee, Maxine Lee, and Jean Brenner. The panel discussed their careers, their views on the career search process and interviews, and the opportunities for law graduates. They also discussed the effects that their Asian-American identity had on their job search, interview process, and re­ lations with clients. Both events were well attended. Par­ ticipants interviewed agreed that the pre­ sentations were "very informative" and "in­ teresting." MR REVIEW ATTENTION 1997, 1998 & 1999 GRADS ' ENROLL NOW ·& PAY LATER As a special promotion during April and May, you may enroll in the DAR/BRI New York Bar Review Course in one of two ways. COMPLETE AN ENROLLMENT APPLICATION lt997 GRADS I Include your $75 re,iiatratlon fee and secure a $1495 tuition. Thia entitles you to receive selected BAR/BRI outlines and review lectures throu,ihout law school, preparation for the MPRE plus computer software for Evidence. I OR Put NO MONEY DOWN and secure a $1525 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. 11998/99 GRADS I Include your $75 re,ilatration fee and secure a $1445 tuition. Thia entitles you to receive the First Year Review Volume, software for Contracts, Criminal Law, Property and Torts, lectures for your first year subjects, plud all the benefits listed for 1997 g •. OR Put NO MONEY DOWN and secure a $1495 discounted tuition. You will be billed in June for the $75 registration fee. The $75 payment, due by July 15th, will "lock in" the discounted tuition. Upon payment of the $75 registration fee, you are entitled to receive all the benefits listed above. There you have it - two options. With either option, no additional p~yment bey~md the $75 registration fee is required until your last semeste_rof law scho~l. W~1chever option you choose, you get New York's and the nation's most experienced bar review with a proven track record of success for more than 25 years and you save at least $120 off the I 996 tuition. Also note, with either option, if you get a job with a firm that p~ys for your bar review course, we will immediately refund you the $75 that you have placed with us. Additionally, if you accept a job in another state, your enrollment may be transferred to that state and you will receive the tuition in effect at the time of your enrollment. To take advantage of either option, see your representative or contact us at (800)472-8899. Trust the POWER OF EXPERIENCE to work for you �NEWS THE OPINION 6 May 1, 1996 BPILP silently succeeds Silent Auction raises funds for grant program for nine law students in public interest projects. Patty O'Master, a stalwart UB Law supporter, commended BPILP and Leslie Platt's efforts on behalf of BPILP, stating, "BPI LP is a testament to the age of coopera­ tion." The Justice Jam, which funds the Joe Antonecchia United Farm Workers' Schol­ arship, also made a showing at the Silent Auction. Joe was a UB law student who died suddenly two years ago. This scholarship continues his committment to providing legal ser­ vices to migrant farm workers. Public interest programs pro­ vide legal services to those who might otherwise have no access to legal counsel. These programs de­ pend on government funding and private donations to operate. Legal services are vulnerable to government spending cuts, legal services are particularly dependent on private donations to remain in operation. These organizations typi­ cally cannot afford to pay law students who want to work in the public interest. BPILP and the JoeAntonecchiaSchol­ arship fund jobs for students who want to drive benefit the BPILP grant program. The legal community turned out in Marla Pilaroscia, Staff Reporter force to support the Silent Auction, which Going Once! Going Twice! The bid­ was the brainchild of lL Theresa Cusimano. Loyal law school BPILP supporters ding was fierce for the many prize itt!ms also bolstered the turmoil, despite a rather auctioned at the first ever Buffalo Public negligible faculty presence. Music was Interest Law Program (BPILP) Siknt Auc­ provided by the Hot Cargo String Band, tion held Saturday, April 20 at the Center for featuring Professors David Engel and Frank Tomorrow. Munger, and law students Brigid Lyons, Among the items auctioned were two Jessica Falk, Bob O'Brian, Dan Werner and bar review courses, Professor Isabel Scot Budelmann. Marcus's antique rocker, a day at the horse Later, a DJ took to spinning discs that races with Professor Lucinda Finley, and drew a mob to the dance floor. lL Shawn gold-seat tickets to see the Sabres next sea­ O'Buckley could safely quit law school for son. a great career as an auc­ The item that caused tioneer. the biggest round of see­ BPILP was founded sawing bids was a one-year in 1979, and is one of the supply of Anderson's fro­ oldest public interest pro­ zen custard. gr ams in the Unjted Bidding for the cus­ States. tard started at $12, but rap­ BPILP is currently idly escalated to the clos­ distinguished as the most ing bid of$70, paid by law active public interest pro­ school supporter Marc gram of American law Panepinto, husband of 2L schools. Catherine Nugent. 2L Sharon McDermott This summer, Proceeds from the places a bid BPILP is funding grants silent auction and fund- work in the public interest. Support for• BPILP and the Joe Antonecchia Scholar­ ship is crucial. It is never too late to support the public interest law programs at UB. A few BPILP t-shirts are still available, and donations are always gratefully accepted. For more infor­ mation on BPILP, contact Leslie Platt, Box #778. For more information on the Joe Antonecchia Scholarship, contact Catherine Nugent, Box #760. BPILP President Leslie Platt, 2L, speaks with two faithful BPILP supporters Slatter, 3L, wins IOLA Fellowship by David Fitch, Assistant Features Editor Kerry Slatter, 3L, recently became the fourth UB Law graduating student this year to be awarded a prestigious public interest fellowship. Earlier this spring, Slatter learned that he was chosen over hundreds of national applicants as one of only ten Legal Services IOLA Fellows. As stated in the April edition of the Legal Services Jownal, the goals of the fellowship are to "increase the number of advocates available to poor people, recruit minority attorneys to work in legal services, encourage innovation in delivering legal services to the [disadvantaged] ... and meet legal needs of the poor in areas not covered by legal services or private attorney in­ volvement efforts currently." Slatter's two year fellowship is funded by the Interest on Lawyer Account Fund of New York and administered by GULP, Inc. As an applicant, he was required to arrange to work in a civil legal services organization located somewhere in New York State. This entailed submitting a prospective project that he would implement if awarded a fel­ lowship. Slatter's proposed Fair Housing Im­ pedimentStudy obviously caught the judges' attention. The study will examine "the housing market within a geographic area and look to see if low income and minority persons have access to that market," says Slatter, who will implement the program at Legal Aid Society of Northeastern New York in Albany after taking the New York Bar later this year. The project, which will constitute half of his responsibilities, will try to "build bridges with different communities and eco­ nomic development organizations within and around Albany," he explains. "If some- one wants to go into a bank and apply for a loan, [I'll look to see] if they are denied access to loans because of their minority or income status." He'll also be involved in investigating potential discrimination in real ~ " ..:l ~ "Try and get a broad base of classes," he suggests. "I didn't want to pigeonhole my­ self into one area because you never know what the [law] market holds for you," he explains. After spending two summers work­ ing as a summer clerk in a legal aid office in Tennessee, Slatter is excited about his upcoming fellowship. "The fellowship gives me the opportunity to do the work I want to do. [Plus] I get to see the project through," he says. :-g ! ~ s { Kerry Slater, 3L WHY estate and insurance practices. The other half of Slatter's time will be spent "working in the areas of family law, elder law, disability law, consumer law, public assistance law - the general areas that an entry level legal aid attorney would come into the office doing," he adds. Originally from Atlanta, Georgia, and a graduate of Moorehouse College, Slatter gives two practical reasons for choosing to head north into the arctic tundra to attend UB Law School. "UB has a reputation for public interest law, and I knew I wanted to be in the public sector." And second? "My fiance is from Buffalo," he adds with a smile. Regarding advice to upcoming students who might be interested in public interest law, Slatter recommends Family Law, Elder Law, Legal Rights of Persons with Disabili­ ties and any of the public interest clinics. BAR/BRI BECAUSE EXPERIENCE COUNTS Lei the POWER or EXPERIENCE""work for you �FEATURES May 1, 1996 THE OPINION 7 Dear Audrey ... What to do when asked an illegal interview question Dear Audrey, I had a curious conversation . with some of my friends the other day. During an interview, one of my friends was asked all sorts of questions that I thought were specifically prohibited by Title IX. Why would a legal professional intentionally break the law? What do I do if I'm faced with an illegal question at an interview. What do I do ifl really need that job? Signed, Up The Creek ... is a valid lawsuit, every illegal and inappropriatequestioncanhaveachill­ ing effect on the interview. HOW TO HANDLE THE SITUATION General Strategies: Some questions may not be ille­ gal, but they can still be offensive. Both types of questions will require "handling" by candidates . .Identifying where your interviewer falls in the above-listed categories may help you decide which response to take. -- answer the question. Just be­ cause the question is illegal to ask d_oes not mean it is illegal for you to answer. This may appear the easiest way out, but can also leave you disappointed with yourself. -- answer the question, but also indicate (advise, remind) to the inter­ viewer that it is an inappropriate ques­ tion. Tact is the key here. -- refuse to answer the question. This approach can put you out of the running. However, when done in a tactful, non-confrontational manner this can be an opportunity to shine. If you feel strongly about the question, be true to yourself and take this route. If the employer rejects you, it is not the place you want to work. -- get behind the question and provide the information the employer really wants to know. For example, a question about the number and ages of your children is not so much a refusal to hire parents, as a concern about your reliability. Assure the employer that there are no obstacles that would prevent you from meeting time com­ mitments to the firm. -- file a complaint with CDO. No matter which response you take, al­ ways inform CDO about the incident, at least verbally. To make it official, put it in writing. If nothing else, it keeps the details. Many law offices appreciate knowing how their inter­ viewers perform because it reflects back on their organizations. Your feedback is vital. ----------Dear Up The Creek: Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and pri­ vate. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of question­ ing. They go to great lengths to train and condition their interviewers to con­ duct proper and effective interviews. They usually achieve their goal. However, there are a number of interviewers who fail, are oblivious,to or ignore the legalities and proprieties of interviewing. They include those who: -- made a mistake (know they asked a wrong question and regret it); -- do not hire often enough to know or invest in learning current stan­ dards; -- do not know they have a prob­ lem (they've always asked these ques­ tions; no one has complained); -- are terrific lawyers; therefore assume they are terrific interviewers; -- see their questions as "friendly conversation" (~, inexperienced in­ terviewers who do not know what to ask; attorneys who do not see them­ selves as prejudiced and believe that your response will not influence their hiring decision); -- believe that if you precede an illegal question with the phrase, "I know I shouldn't ask this but ... ," it becomes a legal question. In all of the above cases, illegal questions potentially can result in an interviewer being sued by a candidate. WHAT'S ILLEGAL? As described by H. Anthony Med­ ley in his book SWEATY PALMS: THE NEGLECTED ART OF IN­ TERVIEWING (available in the Law Library) illegal questions are those which directly cr indirectly "reveal information as to race, creed, color, national origin, sex, marital status, dis­ ability, age or arrest record." Mr. Medley then advises readers that an unhired candidate putting in a discrimination claim must show that "[t]he question must have been asked for the purpose of discriminating ... or have the effect of discriminating against you." While not every illegal question Specific Strategies: The following examples of typi­ cal illegal questions and suggested re­ sponses is taken from a handout pro­ vided at a meeting of the National Association for Law Placement. Cop­ ies of this and other handouts ;ibout illegal/inappropriate questions are available in Rm. 610. Gender l. (Asked of women) Do you have plans to having children/family? Suggested Response: "I don't know at present. I plan on a career and believe it will be successful with or without family." 2. (Asked of women) What are your marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a woman? Suggested response: "There would be no problem. I have effec­ tively worked with men and women while in school." Age l. How old are you? Suggested Response: "I wish to be evaluated on my skills, compe­ tence and experience. My age is irrel­ evant." 2. What is your date of birth? Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How would you feel about working for a person younger than you? Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowl­ edgeable and competent." National Origin 1. Where were you born? 2. Of what country are you a citizen? Suggested Responses: "Actu­ ally, I am American to the core, and America consists of people from many national origins. Since it has been my home for so long, I feel like a native." "I am proud that my background is _____ . My heritage helps me to deal effectively with people of various ethnic backgrounds." trained. What I need might be minor adaptations of the work station and a supervisor who hires me for what I can do rather than for what I can­ not do." Religion 1. What is your religion? 2. Do you have any religious beliefs that would prevent you from working certain days of the week? SuggestedResponses: "My re­ ligious preference should have no relation to my job performance." "If working on evenings or week­ ends is actually a part of the job requirement, I would prefer to dis­ cuss that after we know whether or not I am the person you most wish to hirt. for the position." Race or Color l. Are you of ___ _ heritage/race? 2. Do you feel that your race/ color will be a problem in your per­ forming the job? Suggested Responses: "I do not feel I should be judged on the basis of race or color." "I've had extensive experience working with people with a variety of back­ grounds. A person's race, whatever it may be should not interfere with the work environment." Generic Answer The Career Development Of­ fice has informed me that I am not required to answer an illegal ques­ tion and questions about _____ are illegal." Good luck in your job hunt! Disabilities l. Do you have any disability? 2. As a disabled person, what help are you going to need in order to do your work? Suggested Responses: "Any dis­ abilities I may possess would in no way interfere with my ability to' per­ form all aspects of this position." "Actually, I don't need help doing my work because I have been adequately - Audrey Good Luck on exams! WHY BAR/BRI BECAUSE EXPERIENCE COUNTS TM Let lhe POWER OP EXPERIENCE work for you �8 FEATURES THE OPINION May 1, 1996 The AWLS land at UB Ambitious lL 's restart defunct group by Kristin Greeley, News Editor 1 lLs Eileen Duggan and Erin Barclay have recently revived the previously defunct Association of Women Law Students (AWLS). AWLS had been a student group at UB Law until 1991 or 1992. Duggan and Barclay decided to rejuvenate AWLS as a result of their participation in a Baldy Cen­ ter Discussion Circle about Women and the Law, led by UB Law Pro­ fessor Lucinda Finley. Acording to Duggan, the Baldy Center Discussion group provided the opportunity to meet other lL women and exchange ideas about issues pertinent to women. She and Barclay wanted to continue this exchange of ideas, so they sought out AWLS. Duggan and Barclay discov­ ered that AWLS had been inactive for four or five years, although no one was sure exactly how long. The pair decided to reactivate AWLS. They approached the SBA to see if AWLS still had a constitu­ tion and was an officially recog­ nized group. This past March, Duggan and Barclay petitioned the SBA for start-up funds, although they had already been meeting for a few weeks. Duggan said the group was "a portunity to make zation of our own that restarting wonderful op­ this an organi­ design that ad- dresses our own needs." The group initially operated as a discussion circle, putting ar­ ticles about women's issues on reserve in the library for interested members to read and discuss at the group's meetings. This format, according to Duggan, was a good way to "iden­ tify issues pertinent to women in general and women in legal prac­ tice in particular." it also helped identify the many different areas within "women's issues" that are being investigated and the topics that still need to be addressed. According to Barclay, the group is "a forum to address issues of women [in the] law and law school...lt is a resource group, a place to gather information about women and the profession." Since then, the group has had many women speak at their meet­ ings. The first was Laura Mangan, the Assistant Director of the Baldy Center for Law and Social Policy. Mangan spoke about the many re­ search opportunities available to students through the Baldy Cen­ ter. AWLS also hosted a panel discussion featuring Professors Lucinda Finley, Teresa Miller, and Martha McCluskey. The three professors discussed their own experiences as law students and their perceptions about the UB Law experience for women. This topic was particularly pertinent to the group, since many of its regular members are lLs. Most recently, Professor Isabel Marcus spoke to the group about her work regarding domes­ tic violence in Eastern Europe, specifically Poland. An AWLS member, lL Kristin Long, will be working in Poland this summer in an internship developed by Marcus. AWLS is also beginning a fund-raising campaign, for which they will be selling a framed pho­ tograph entitled "The First Power Lunch." The photograph, by a California photographer, is a take­ off of DaVinci's "The Last Sup­ per." It depicts a group of women having a discussion, Apostle-like, around a large conference table. "Everything that we do sends messages," says Duggan," so we try to put a lot of thought into our image and dispelling false images ...This group is about the intersection of women and race, class, sexual orientation, and a host ofother topics. We wantthis group •to be inclusive rather than exclu­ sive. We want all women to feel that they are welcome and can be a meaningful part of our organiza­ tion." Barclay expands this notion even further: "I see the group as open to everyone, men included. It can be a positive experience for men and women to get exposure to different perspectivesregarding women in the profession and women's issues in general." Student Perspective: Time for nationalhealth care We have come to a point in history where rights must be considered as something more than potential privileges - as the very things which define the good life and animate the pursuit of happiness, the very things which make us human from which are derived human rights. It has been said that, after all, people are suckers for the truth and our history does bear this out. We knew in our hearts that slavery was an unconscionable evil, the original sin of our nation, yet its proponents argued for the property rights of slaveowners and the right of individual states to barter human beings. Still the 13th, 14th and 15th amendments became the law of the land. We knew in our hearts that the railroad and steel barons could and would use the black letter of the law to rob good hard-working people of their labor, yet the anti-trust legislation of the last century revealed the spirit of the law to be greater than legitimized theft, legalized slavery and a monarchial class system inconsistent with our democracy. (Well into the 20th Century, proposed legislation prohibiting child labor was decried in both the House and the Senate as a violation of the right to contract!) We knew instinctively when an economic depression paralyzed our country with fear that the cause was not our lack of thrift or character, but a relationship between government and business that could neither satisfy our needs, account for our wants nor quell our fears. The remedy was bold, if revolutionary social policy which called for affirmative rights. And now, how do we account for one of the highest infant mortality rates in the entire world? How do we rationalize malnutrition in the country with the potential and resources to feed three planets? How do we countenance free market rhetoric to justify a system that leaves our country half-slave and half-free? What, then, is our democracy all about? What are the virtues of our republic? What is the purpose of our government for which we as citizens pay? Our government derives its just powers from the consent pf the governed. In the first and last analysis, it is not some byzantine bureaucracy that gives us our rights, it is each other. The right to-health care, as I see it, embodies all of the other rights. We are coming to a point when our Bill of Rights will become meaningless without it. If tax credits can give homeowners a break, we can have health care. If we can launch shuttle crafts deep into space, we surely can have health care. If we can bail out Chrysler and the Silverados, we can have health care. If we can sign blank checks to first support, then fight Saddam Hussein, we must demand national health care. If churches and religious organizations can grow prosperous without paying taxes, we can have health care. If we cannot rise to this level of civilization and guarantee the human right that Canada, Sweden, Germany, Great Britain, Denmark, Australia, Japan and other nations have guaranteed their citizens, then we may very well become the evil empire some had feared. It is up to us. Robert L. O'Brian, 3L �FEATURES May 1, 1996 •• 9 COURTWATCH by Stncn Bachmann Diet: .. S£'nior Editor Supreme Court limits juries in patent cases The Supreme Court held April 23, 1996 that the Seventh Amend­ ment does not require juries to determine the meaning of the terms of art within a patent claim. The holding, in Markham v. Westview Instruments, Inc., 1996 WL 190818 (U.S. 1996), is striking because of the rarity with which a constitutional question is decided by a unanimous vote. Judge Pauline Newman, in her dissenting opinion to the Fed­ eral Circuit Court case that was upheld by the Supreme Court, made clear the significance of this holding. "[T]he meaning and scope of disputed technologic and other terms of art in particular us­ age are classical questions of fact," she wrote, "Their nature of fact does not change because of their finding, like most findings in liti­ gation, has a legal consequence. By redesignating fact as 'law,' the court has eliminated the jury right from most trials of patent infringe­ ment." Markham v. Westvi~w In­ struments, Inc .• 52 F.3d 967, 999 (Fed. Cir. 1995). The concurring opinion by Judge Mayer of the Federal Cir­ cuit Court agreed regarding the significance of the decision up­ held by the Supreme Court. "[T)he [Circuit] Court...eviscerates the role of the jury preserved by the Seventh Amendment of the Constitution ...[the Circuit Court decision) is of a piece with a broader bid afoot to essentially banish juries from patent cases altogether," he wrote, "If it suc­ ceeds juries will be relegated, in those few cases where they have any presence at all, to rubber stamps, their verdicts preordained by 'legal' and 'equitable' determi­ nations." Markham, 52 F.3d at 989. The case involved a dispute over a patent on a system to moni­ tor and report the status and loca­ tion of clothing within a dry clean­ ing establishment. The system operates through a data processor that generates written records, in­ cluding a bar code. The owner of the patent filed a patent infringement claim against a rival system which also used a data processor and a bar code. The bar code was used to determine and display prices of dry cleaned items, not to generate reports on the status and location of such items. The jury held that the second system infringed upon the patent. The District Court, however, granted a deferred motion forjudg­ ment as a matter oflaw. The court held that the term "inventory" in the claim meant articles of cloth­ ing, rather than cash or inventory receipts. Therefore, the patent was not infringed, unless the rival sys­ tem was capable of both tracking articles of clothing throughout the cleaning process and generating reports about the status and loca­ tion of the clothing. The Circuit Court affirmed the District Court, holding that the interpretation of patent claim terms was the exclusive province of the court, notwithstanding the Seventh Amendment. TheSeventhAmend­ ment preserves the right to trial by jury in all suits at common law exceeding 20 dollars. According to Souter, courts have traditionally held the right Congratulations to the Class of 1996 from the staff of the Opinion the Seventh Amendment preserves is the one that existed under 18th Century English Common law. According to Souter, the first ques­ tion was whether the cause of ac­ tion was one that was tried at law in the 18th Century or is analogous to such a cause of action. He concluded that it was. The second question, accord­ ing to the court, was whether a particular issue occurring within a jury trial was itself a jury issue. In other words, was the construction of a patent claim within the prov­ ince of a jury at the time the Sev­ enth Amendment was written? Justice Souter concluded that there was no answer to this ques­ tion, since patent claims did not exist at that time. Souter also searched the historical record and could not find sufficient evidence that construction specifications were the province of a jury during the 18th Century. Neither could he justify inferring that 18th Cen­ tury juries acted as definers of patent terms from the mere fact that such juries decided patent cases turning on such issues as enablement and novelty. On the contrary, the practice of most courts at the time decreed that judges interpret the meaning of documents, according to the opinion. Since the historical examina­ tion yielded scant evidence in fa­ vor of the application of the Sev­ enth Amendment, the court looked to precedent as a guide, but found it wanting. Souter finally looked to policy considerations. He found that judges, not juries, are better suited to determine the meaning of patentterms, because of the highly technical nature of patent claims. Credibility determinations, at which juries excel, are rarely in­ volved in these claims, according to the court. Souter also cited as a signifi­ cant policy consideration the need for uniformity in patent law. The court concluded that the interpre­ tation of the word "inventory" in the case was the province of the judge. Both Newman's dissent and Mayer's concurrence stressed the importance of who determines this kind of question. "To decide what the claims mean is nearly always to decide the case." Markham, 52 F.3d at 989 (Mayer, concurring). WHY BAR/BRI BECAUSE EXPERIENCE COUNTS ... Let the POWER OF EXPERIENCE work for you �THE OPINION 10 ADVERTISEMENT .. May 1, 1996 :• .... ·.-:: .• ·- -~ • DRUNK DRIVING DOESN'T JUST KILLDRUNK DRIVERS. Andrea I-larris, killed Aug-ust 26, 1.991at 6:00pm on El Carnino Real, Atascadero, California. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? FRIENDS DON'T LETFRIENDS DRIVE DRUNK. tetlnn �ADVERTISEMENT May 1, 1996 11 THE OPINION • @reprobablysaying room. But you may not know •• •• that you use more w-aterin the •• bathroom thananyplaceelsein • to yourself,any four-year-old knows how to use the bath- ..., • • • yourhome. In fuct,betweenthe • you're shaving.And Saveup to15% morewaterbyinstalling a weighted jug inyour toilettank. • • ::..sink you can use up ·-:, .. to 55 gallonsa day. Youcouldendup Multiply that by the using30 to60% lesswaterby number of homes usinga low-flow showerhead. in the world, and thats a lot of naturalresources going down the drain. Now, were not sayingyou thinkyou'll remember to smg one. Shorter songs make for shorter showers. And for the bi~est culprit of .5 ... . ·<:![ll]l simplehathmom 11;tining..·. ifyou don't feeldie need _//'ttf%t a weightedJugm the tank. We'rejust suggestingsome Andoh yeah, hall,don't : them all,the toilet, try putting should stop taking showers or brushing}Ottr teeth. • • • • •• • • • •• • • • •• • • likean opera · .J/l{lIt will hdp savewat('J·every iilli thisnewspaperwith }OU the next time you go. FORMOREINFORMATIONAND TIPSCAl.l. 1-ROO-MY-SHARE. ,.,/:, 4 %":;{~') time you fltLsh. Plus,dorlt ::,'· ,.·ttflHMJI hltget to llu·n out the lights t .;.,vt::]iiililil!lll~llll!l~JJ r bn1shingyotU· teeth, nu·n off when you lc;ivc.)hu'II be :::· For instance,when you're d1cWclt('J·. Do die sat11cwhen flit, _.. helping to conserveclccaicity. .. .- ·. •.• . t J·. w:i!::;si!~ •. •·· i teethcansave : . ::· IT'SA CONNECTED WORLD. DOYOURSHARE. ff~arth Share~! - �THE OPINION 12 **AS OF 4/4/96** ADVERTISEMENT May 1, 19% BAR REVIEW NEW YORK SUMMER 1996 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA.GA AUSTIN, TX BERKELEY,CA BOSTON, MA BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD.NH DURHAM,NC HAMDEN, CT HARTFORD.CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN 3) UPTOWN 4) WALL STREET AREA MIAMI, FL MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HA VEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA PITTSBURGH, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO .. ROYALTON, VT SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY I) HUNTINGTON 2) RIVERIIEAD SYRACUSE TORONTO.CAN. WASHINGTON, DC WHITE PLAINS Albany Law School - (Begins 5(12,) Univ. of Michigan Law School - (Begins 6/3) Southern College of Technology - Student Center - Marietta Univ. of Texas - Tarlton Law Library International House Boston Univ. School of Law Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School Rutgers Univ. Campus Center - North Cafeteria Omni Charlottesville Hotel - (Begins S/28) 9AM/1 :30PM/6PM 9AM 1:30PM 9AM 1:30PM 9AM/1 :30PM/6PM 9AM/1 :30PM/6PM 9AM/1 :30PM/6PM 9AM/1:30PM 1:30PM 9AM Univ. of Chicago Law School · Northwestern Law School Franklin Pierce Law Center Duke Univ. - School of the Environment Quinnipiac College School of Law Univ. of Hartford - Gray Conference Center Hofstra Univ. School of Law Cornell Law School BAR/BRI Office - 3280 Motor Avenue 9AM 9AM 1:30PM 9AM 9AM 9AM 9AM/1 :30PM/6PM 9AM/1:30PM 1:30PM NYU Law School A - Eastside - Loews New York Hotel - 569 Lex. Ave. (at 51st St.) B - Westside (I) Town Hall - 43rd St. (bet. 6th Ave. & B'way) - (Begins S/22) (2) BAR/BRI Lecture Hall - 1500 B'way (at 43rd St.) Columbia Univ. - Altschul Aud. (117th St. & Amster.) - (Begins S/28) Marriott Financial Center - 85 West Street 9AM/1:30PM 6PM BAR/BRI Office - 1570 Madruga Ave, Coral Gables Holiday Inn - 700 Hope Road - Tinton Falls McGill Univ. - Old Chancellor Day Hall Rutgers Univ. Law School - (Begins 5(12,) Colony Inn - 1157 Chapel Street Tulane Law School Boston College Law School Stanford Law School Sheraton Univ. City - 36th & Chestnut Univ. of Pittsburgh School of Law Vassar College 9AM 1:30PM 9AM 9AM/1 :30PM/6PM 9AM 9AM 9AM 1:30PM 9AM/1:30PM 9AM 9AM CUNY Law School St. John's Univ. Law School Days Inn Downtown - 384 East Avenue Nanuet Inn - 260 West Route 59 Vermont Law School WNEC School of Law Wagner College 9AM 9AM/1 :30PM/6PM 9AM 9AM 1:30PM 9AM 9AM Touro College of Law Ramada East End - 1830 Route 25 Syracuse Univ. College of Law Ontario Driving Training Center - 20 Eglinton Ave. East GW Law School - (Begins 5/30) Georgetown I ,aw Center - (Begins 5/30) Pace Univ. - Hayes Theatre 9AM/1 :30PM/6PM 9AM 9AM/6PM 9AM 9AM/6PM 1:30PM 9AM/1 :30PM/6PM 9:30AM (LIVE) 9AM/1 :30PM/6PM 9AM 6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 12 01.05.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 36 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/27924f5a9627f028d86057d3e515f4b8.pdf 97dc7603c0eba51cb14cd0fae2f67bb2 PDF Text Text Volume 37, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 12, 1996 Welcome Back • Boyer welcomes new students into law school by Professor of law and DeanBarry B. Boyer, Special to the Opinion Congratulations to our enter­ ing class of '99, and welcome to UB Law School. It is traditional to greet entering classes by emphasizing that the start of Law School marks a great divide in life: you're put­ ting your past as a layperson be­ hind you and beginning a new life as a professional. There's some truth in that cliche, hut it's also important to remember what you 're not leaving behind. Law School is fundamentally a continuation of your higher edu­ cation: the skills, knowledge, and habits of mind that you built in prior studies will be strengthened and expanded, rather than replaced, by your legal education at Buffalo. Our New Curriculum is de­ signed to prepare you for your professional career through a blend of theory, practice, and social con- able opportunities outside the text. In each of these three areas -- and especially in classroom, too. the broad field of socialconThe Law School has a text--thestudyoflawbuilds diverse group of student oron continuities with the rest ganizations performing tasks of life and learning. suchaseditingscholarlyjourYour experience and nals, performing public serthe things that you learned vice, participating in the govbefore coming here, will ernance of the Law School, have relevance to many developing litigation skills, parts of the curriculum, and and organizing lectures or faculty will encourage you programs for those interested to use your background in in particular types of profesanalyzing the social issues sional activity. we encounter in the law Student organizations school classroom are also good places to make We've made a special friends, both inside and outeffort to recruit an intellec......"-"'......... ------side of the Law School. It's tually diverse class with a Law School Dean Prof Barry B. Boyer also not too soon to startparwide variety of life experiences, ' ticipating in programs offered by because we know that good law- experienceareirrelevant--it'sjust our Career Development Office: yers have the ability to see and amatteroffiguringouthowthey're theJ.D. degreeopensthedoortoa understand all sides of a complex relevanttolegalargumentationand lot of different careers, and you social issue. analysis. have only three years to decide WhenstudentsbringtheirdifThe curriculum at UB Law which of those careers may be fering perspectives and experiwill offer you a wide variety of right for you. ences to bear in class discussions, opportunities to integrate analytiAnother important bridge to everybody benefits. So be a par- cal understanding of the law with the world outside the Law Schoolis ticipant,anddon'tassumethatyour practical experience. But keep in our Alumni Association. During mind that you'll have other valu- orientation, you heard about the many support services they pro­ vide to law students and the Law School. You should try to attend the Alumni Association fall con­ vocation on November 2. This year's program, The Challenge of Change, will review some major changes in the legal profession that will affect all of our graduates, and admission is free for UB Law students. It's an exciting time to be studying law, because the legal profession in the twenty-first cen­ tury will probably be very differ­ ent from the profession that many of ushave known; economics, pub­ lic needs, and changes in govern­ ment policies are forcing the lead­ ers of the profession to re-think many of the accepted ways of do­ ing business. All of you will have a part in those changes, and in re­ defining what the practice of law will be like. I hope that your years at UB Law School will be exciting and productive ones, opening the way to a rewarding professional ca­ reer. Tuition raise likely this year Dean Boyer gives a straight answer on our money by Professor of law and DeanBarry B. Boyer, Special to the Opinion According to the newspapers, this year's SUNY budget crisis had a happy ending: some pro­ posed cuts were restored, and there was no increase in tuition. That's good news for UB Law students, right? Not exactly. The untold story of the budget is the holes it leaves in the operating resources of aca­ demic units like the Law School. This year's cuts -- and there will almost certainly he more in mid-year, aftertheelection--could take away some 6 percent of oper­ ating revenues. These new cuts come on top of three years of shrinking Law School budgets, at a time when we're in the midst of implementing an ambitious New Curriculum. Something is going to have to give -- and soon. Over the past three years as the New Curriculum has devel­ oped, we've added a lot of new features to our course offerings. In the first year, for example, we've added: a new Introduction to Law course, a full-year of Research and Writing taught by specialized full­ time instructors, intensive bridge courses between fall and spring semesters designed to improve lawyering skills, and a year-Jong Perspectives course which in­ volves problem-solving and ana­ lytical skills that cut across the fields covered in the separate first­ year courses There have also been signifi­ cant improvements in the upper­ division curriculum, including: a diverse group of short "bridge" courses in practical skills areas, offered between fall and spring semesters (This year, we plan to offer approximately double the number that were taught last year.) , a half-dozen new curricular con­ centrations and sequences, new op­ portunities for students to work on journals, a greatly expanded Pub­ lic Service Internship for credit, starting in the Spring semester, expanded clinic offerings, despite federal funding cutbacks, a pilot program in "Portfolio Review," in which students will compile asub­ stantial portfolio of professional work product and receive in-school mentoring based on their portfo­ lio, smaller classes, and more ef­ fective use of instructional tech­ nology. All of these improvements in the curriculum cost money, and we're reaching the point where they can't co-exist with a continu- ally shrinking budget. ls there any way to avoid dismantling the New Curriculum before it is fully imple­ mented? One possibility that looks in­ creasingly attractive is what is called "campus-based tuition." The basic concept is simple: keep law students' tuition in the Law School. Last year's tuition hike, for example, raised law students' tuition in the aggregate about $800,000. None of this was avail­ able for program improvements; instead, the Law operating budget was cut. If we had control over at least part of your tuition, we could make more investments in main­ taining add improving program quality. Would tuition rise under this system? There would have to be a modest increase to maintain exist­ ing program, since the gap be- tween revenues and costs has to be closed. The size of the increase would depend on how the general ex­ penses of operating the University are treated in a system of campus­ based tuition -- something that re­ mains to be worked out. Nobody likes to think about raising tuition, especially since many students are already stretched to the limit. New sup­ port systems would have to be developed to assure that qualified students weren't denied access because they were unable to pay higher costs. But in the current fiscal climate, it seems inevitable that we will see significant in­ creases in the Law tuition, sooner or later. The only question is whether they will be used to sup­ port the Law curriculum. �2 EDITORIAL THE OPINION September 12, 1996 Bri11,:i11,: the i\\t1e\ to the \llld1:11t\ \im 1:I 9-l'J BPINION Volume 37, No. 1 Founded 1949 Jessica V. Murphy Editor-in-Chief Septem her 12, 1996 Julie E. Meyer Managing Editor EDITORIAL; Survival Tactics Dear Everyone WELCOME BACK! And for those of you young-uns, WELCOME. This is a super short issue dedicated to saying hi and getting re-aquainted with the torture we lovingly refer to as law school. Just a bit of free advice (it's only worth as much as you paid for it, anyway) to all of you out there, pouring over our pages. To the lL's: RELAX! Law school is an endurance race, so don't use up all of your energy all at once. PLAN ahead. Keep up with the reading. And, Prof. Engel was right, it's easier to make outlines throughout the semester and actually sleep the night before an exam. Review your notes immediately after class, outline once a week, and get a study group going as soon as possible! GET INVOLVED. Law school isn't just about grades. Employers also look at how well you can juggle life with law. This doesn't mean blow off class, but it does mean take a look at what activities are out there, and don't be afraid to try something. You have more time than you think, even if research and writing seems all consuming. Take a mental health day every once in a while, and plan for them so you're not doing your laundry that day. REMEMBER. Law school is something you do ...it is not what YOU are. Law is one aspect of your life ...tryto havealifeoutsideoflaw school, too. You'll beso much happier! To the 2L's: HAHA! !! Real law school begins now. The same things apply to you as the first years. When you feel like you're drowning underneath all the activities and class work and your relationship and making sure you can still find your text books underneath the laundry pile ...take it one thing at a time. This year is a real time management test. You'll get through it! ;vour grades this year matter, too, but so do leadership positions. Above all, keep your sanity. To the 3L's: FREE AT LAST? Ladies and Gentlemen, we're almost there ...Good luck, and look to your friendly neighborhood school newspaper to keep you apprised of developments with commencement, and other fun type activities, etc. Here's to a great semester for everyone! Good luck! Don't forget to vote on November 5, 1996. If you have not yet registered to vote, do it now! The deadline is October 11, the same deadline applies for MPRE registration. You can call the Erie County Board of Elections at: 858-8891. You can also grab a voter registration form on campus, or visit the voter registration home page at http://wings.buffalo.edu/student-life/vp-affairs/vote/. Madness takes its toll, lease have exact chan e. Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Deshika Botejue Kristin Greeley Soon to be filled David Leone LB.Vacant Assistant Editors: Features: Photo: Senior Editors: Steven Bachmann Dit:tz, Len Opanashuk, Samuel S. Chi The Opinion is a non-profit. inde[><!ndenl,student-owned and run publication funded by the SBA from student law fees. The Opinion, SlJNY Al Buffalo Amherst Campus, 724 John Lord O'Bnan Hall, Buffalo, New York 14260 [I 16) 645· 2147. The Opinion 1s puhl1shed every two weeks during the Fall and Spring semesters. It is the student newspaper of the Stale University of New York al Buffalo School of law. Copyright 1996hyThc0pinion, SBA. Any reproduclionofmalerials hereto 1s strictly prohihiled w11hou1the express consent of the Editors. Suhm1s.<1ondeadlines for lellers 10 the ednor and Perspectives are 5 p.m. on the Friday preceding publication. Atlverttsing deadltn,:s are 6 p.m. on lhe Fnday precedrng puhltcatton. Suhm 1s.<10ns may either he sent lo The Opinion at the above noted address, drop[><!doff under The Opinion offic.: door (room 724 O'Brtan Hall), or placed onBox #640 on the third floor of O' Brian Hall. All copy must he typed, doubled-spaced, and suhmilled on pa(l<!randon a computer disk (IBM-WordPerfect 5.1). Leners are 00.<1when wrillen as a part ofa dialogue and must he no more than two pages douhle-spac.:d. Perspectives are generally opinion articles concerning topics of interest to the law school community and must he no more than four pages double-spaced. The Opinion reads and appreciate.< every le lier and Pers(l<!ct1vewe rec.:1ve;we reserve the right to edit any and all suhmis.<ions fur space as necessary and also for libelous conlcnl. The Opinion will not puhltsh unsigned suhm1s.sions. We will return yourdislcs loyourcampus mailbox or toa private mailhox if a self-addre.ssed stamped envelope is provided. The Opinion is dedicated 10 provide a forum for the free exchange of ideas. A.<a result, the views expressed in this newspa(l<!raro not neces.<arily thos.: of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging the freedom of speech, or of the press; ... " •· The First Amendment The prez sez ... Welcome Back to UB Law School On behalf of the Student Bar Association, I would like to welcome back all students to UB Law School and welcome new first years and transfer students. The Student Bar Association is looking forward to a prosperous and productive year here at the law school. I would like to invite all students to become more active in the law school community.· Academics ale clearly very important in your law school career, however it is also important to become active in extra-curricular activities. I encourage all students to become involved and to keep abreast of issues that affect the law school. Your experience here at UB Law is what you make it and you can make the most of this '96- '97 school year with enthusiasm, patience and cooperation. I also wish to remind you that, not only should you use the Law School to improve your own career, you should also help to improve the Law School. The reputation and success of this school depends on your contribution and participation. The value of your degree depends on the quality of the school. Please do not forget this. The SBA is available as a resource. Please feel free to voice any issues or concerns to SBA members or at SBA meetings this year. The Executive Board for '96-'97 is: President Prudence Fung Vice President George HamBoussi Treasurer Bari Levant Parliamentarian Peter Thompson I hope this '96-'97 school year is a happy and productive one for all of you. I wish you the best. Good luck. Prudence Fung President - Student Bar Association �September 12, 1996 FEATURES THE OPINION 3 The First Year's Guide to the Law School Of Laur &. V-lllegar : £ttsc1 Sa11, Mettscl1 attb tl1e Art of law Maitttettattce, & TheTao of Scl11csd by Davids. Leone Orientation comes with the flow of the new year at the Law School. It is an exciting time for the new law students which eventually ebbs into the constant rhythm of studies. I decided to help with orientation this year to get a wooden locker on the first floor, instead of chancing the shadowy basement. As boring as the day promised to be, I felt as though, perchance, I could impart some treasure of knowledge about law at UB onto the kids. I knew they would be eager to write notes on their shiny­ new, bright-yellow legal pads ("legal" pads beirig a misnomer, as they have very little to do with the Law; albeit less of a misnomer than "law" school). My group consisted of three guys and two girls. There was an MBA type wearing a suit and tie, an ivy leaguer with wire rim glasses, a buttoned down future Law Reviewer, a staunch study-Nazi with a Macintosh brand notebook computer, and a chatty future Moot Courter. All-in-all a pretty even distribution, no great intellects, but no Gumps either. We unnecessarily introduced ourselves, as the name tags on our chests left nothing to be guessed, and I began the tour. "We might as well get the basement over with," they were rapt with attention, the study-Nazi had already plugged away 2 megabytes worth of info, "it's where you will spend as little time as possible if you value your possessions and life." Forced laughter. "It's also where you will have your locker." "Why can't we have a nice wooden locker?! ! There must be nearly a thousand counti~g the ones on the other floors and the ones on that food hallway place where all the freaky looking people from the arts building hang out," the ivy leaguer whined in a run on sentence. "Quiet down Russ," I told the boy. "The faculty has big plans for those lockers - employee incentives, storage space, the next office for the Opinion - the list goes on and on." "Can I get a locker with an outlet?" the study-Nazi was nervous, she needed to feed her Macintosh. "Don't worry, by the time you get a locker, your Apple brand computer will be antiquated," I said quite seriously. "You should have bought an IBM brand-clone which runs Microsoft brand software." (The check better be in the mail Bill, that's spelled O-P-I-N-1-O-N). We got into the elevator and hit that funny switch for the basement - why they don't use a regular button for the basement is beyond me. The elevator shivered and shuttered and lurched. breathing. The MBA guy's briefcase had fallen open anda crowbarhadfallenout. The scroll contained a story about three Masters of Law: "Why do you carryone of thesearound?"I asked. The three Masters of Law were standing around a large vat of vinegar, each preparing to taste it. The three Masters represented the "Three Teachings" of the Law School and the vinegar represented the Essence of Law. "In case I have to pry my way into Joyce's Tax I class,"thejostled MBA'er coughed,"I heardit's the only one to take." Tl,,e tl1ree Masters represettteb t'he "Tl,,ree Tuacl1itt5s"" of t'he law Sc'hool attb t'he vittesar represettteb t'he £ssettce of law. "Good idea," I said "I wish I had brought one my first year." I took the crow bar in hand and wrenched the doors of the elevator open. There, before all of our eyes, immersed in complete darkness, was a glowing golden scroll. I moved cautiously toward the scroll flanked by the five students. "Maybe I can wear it as a pin in front of the judges," the future Moot Courter wished out loud. "Quiet," I declared, as I lifted the scroll. I read the bright letters. "Oh, it's a painted Oriental scroll," started the ivy leaguer, "how fitting, after all we are in 'Orient'ation; however it's probably just a highly anthropomorphised-" "Shut-up!" I wailed, "please not another political science major running off at the mouth." I opened the scroll and began to read. It was a very long story, so I will just give you the highlights you' IIhave plenty of other things to read this week. The three Masters were called Engel, Mensch, and Schlegel. Strangely enough, they bore a great resemblance to the three Great Teachers of Eastern philosophy - Confucius, Buddha, and Lao-tse. The three Masters each dipped one of their fingers into the vinegar and tasted it. The expressions on their faces revealed their individual reactions. Engel had a dismayed look on his face, Mensch had a bitter sweet look upon her face, and Schlegel was smiling. To Engel, the Law was not heading in the right direction. What the students needed was a firm grasp of the blackletter law and knowledge of the underlying policy of legal actions. He yearned for students who would understand the subtle weaving of good policy and the ramifications of bad law. Under Confucianism, Engel would teach with precise steps, guidelines, and indications of optimum progression, yet he always feared that the young students would go astray as so many lawmakers had. To Mensch, the Law was both good and bad, yet neither good nor bad - she saw the Law through Zen. She was the Awakened One who lived in a world full of legal suffering, but to her, there was an end of suffering through inner mental progress until Nirvana should be reached. Therefore, she taught the reality of the insufferable legal system focusing on the plodding blackletter laws that students "Have to know." But she drove toward the ultimate destination of enlightenment through a series of mental exercises involving complex policy and mindful interpretation of the cases. To Schlegel, the consummate Taoist, the Law was in perfect harmony with the world around it, be it good law or bad law. Schlegel knew that the Law could be mastered by anyone, through any of the legal disciplines, but not through rigors such as Confucianism. To master the law, one must let go of all guidelines, one need only read and listen to what the great body of cases were saying as a whole. To -· Schlegel, the details of each case would only serve to bring confusion and only then would one suffer. Skim the cases, learn their lessons, and all would go well. I rolled up the scroll and stuffed it in my pocket. The lights had turned back on and the stairway up was only a few feet away. "Well, I hope you all learned something from this scroll," I lectured. "I'm scared," said the Law Reviewer. "Take heart man, this is more excitement than you may ever see, if you do get onto Law Review!" I screamed over the roaring elevator. The elevator was screaming out of control as it hurled toward the bottom of the shaft. KABOOM!!! Dust. Clouds and clouds of dust. I shook myself off and looked around. Everyone was .. "Who are those people? exist?" asked the group. Do they really "Well as a great lawyer once put it - 'The persons, places, entities, and events in this story are fictitious. Any similarity to actual persons, places, entities, or events is unintentional and purely coincidental."' . .n - �FEATURES 4 September 12, 1996 ELCOM Class of 99 Dean Boyer • Wendy Welsch, Theresa Merrill, & Shawn Malta Dale Bolton, Prof. Frank Munger,Deborah Colosimo,Kara Utzig, Brian Ritter, Abran Astudillo, & Rebecca Monck for Alumni Association Reception September 6, 1996 TEI>· PINION The Opinion turns over one third of its staff every year. We need good people an:ltt".trei51+__ _j ideas to fill the gaps. If you want to get on the fast track to legal writing experience - join now. COMING SOON!!! Look for the Opinion table in the main lobby Septemeber 17 & 18 ! ! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-09-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 1 12.09.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/12/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/107b21ae0557efb969b803cfef155d07.pdf 3b1fcac2fcd063e2b2d67abb76a9a088 PDF Text Text Volume 37, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 26 , 1996 Finley fights for females VB Law Professor to argue before U.S. Supreme Court by Kristin Greeley, News Editor October 16, 1996, marks the auspicious occasion when Profes­ sor Lucinda M. Finley will defend the rights of women when shear­ gues Schenck v. Pro-Choice Net­ work of Western New York before the United States Supreme Court. The case dates back to Sep­ tember of 1990. Finley has been lead counsel since its inception. UB Law Professor Isabel Marcus and local attorney Glen Murray assisted Professor Finely when the case was first begun. The National Organization of Women (NOW) Legal Defense Fund and Finley are working to­ gether on Schenck. NOW brought one of the first abortion-protest cases to the New York State Su­ preme Court in NOW v. Terry, 886 F.2d. 1339 (2d Cir. 1989), cert. denied, 495 U.S. 947 (1990). What has now become Schenck v. Pro-Choice started be­ cause of Project Rescue's "Spring To Life" threat to close off womens' health clinics in Septem- ber of 1990. Through this com­ plaint, the Pro-Choice Network sought to preserve the rights of women and prevent Project Res­ cue from further blockades. As a result, the District Court issued a temporary restrain­ ing order (TRO) pre­ venting Project Rescue's "Spring To Life" intentions. A preliminary restrain­ ing order was issued on Februrary 14, 1992. The preliminary restraining order pro­ hibited Project Res­ cue members from blocking en­ trances and access to any clinic in Western New York that performs abortions. The order also re­ strained demonstrators from abus­ ing sound amplification devices which created a constant distur­ bance within clinics. In addition, the injunction created a fifteen foot "buffer zone" around the entrances and drive­ ways leading to clinics, and any person seeking to approach or leave the clinics themselves. Project Prof Lucinda Finley Rescue members may protest any­ where other than the "buffer zone." The court did allow two Project Rescue members to ap­ proach any person entering or leav­ ing a clinic in order to pursue a "conversation in a non-threaten­ ing manner." But, the injunction directs that Project Rescue mem­ bers must "cease and desist" from this conversation to outside of the "buffer zone" if the person ap­ proached wishes to be left alone. The two individual defen­ dants in the case, Reverend Paul Schenck and Dwight Saunders, appealed the Dis­ trict Court's issu­ anceoftheprelimi­ nary injunction. The Second Circuit "" unanimously up~ held the prelimi­ nary injunction, except the buffer zone and cease and desist provisions. Prof. Finley fought for and won a rare rehear­ ing of the Second Circuit's deci­ sion en bane. With a vote of 13-2, the Second Circuit reversed the previous exceptions, and upheld the "buffer zone" and "cease and desist" provisions. Pro-Choice Network v. Schenck, et al., 67 F.3d 377. Schenck appealed theen bane Come Together Last year, the Casenote Com­ petition for the Buffalo Law Re­ viewexpanded into a uniform writ­ ing competition for the Buffalo Law Review and the Buffalo Envi­ ronmental Law Journal, Buffalo Journal of International Law and the Buffalo Journal of Public In­ terest Law. To be considered for membership on any of these jour­ nals, students must participate in the Casenote competition. They submit their casenotes to the jour­ nals for which they want to be considered. The Casenote competition is open to first year law students and students in theirthirdsemesterwho took a leave of absence during their first year. Second year trans­ fer students are eligible to com­ pete only at the start of their first semester at UB Law School. Stu- dents may compete during Spring break or following the Spring se­ mester examination period. Writing one casenote for con­ sideration for any of the partici­ pating journals is easier for the competitors than writing a sepa­ rate casenote for consideration by each journal. Additionally, the consolidated competition has fos­ tered a strong working relation­ ship between the various journals. The four journals worked together to set the framework for working the consolidated competition. A goal of the consolidated Casenote compeition is to elevate the prestige of these journals in the legal community. Consolidated competitions for law review asso­ ciation is practiced at top-tier law schools, including Georgetown University. Prior to the consolidated com­ petition, the Buffalo Law Review was theonlyUB LawSchooljour- nal to award membership based on the Casenote Competition. Mem­ bership for the other journals de­ pended on volunteers. Another goal of the Consoli­ dated Casenote competition is se­ curing more dedicated and reli­ able participation by associated students than is sometimes found with volunteer participation. Vol­ unteer-run journals often have dif­ ficulty finding committed students. This leaves a few students to bear the brunt of the work at publica­ tion time. Notonly are these stu­ dents overworked, but the quality of the journal can suffer from too few people trying to do too much work on deadline. Resulting er­ rors can make recognized scholars unwilling to publish in these jour­ nals. Volunteering for some of the journals is still an option. The Buffalo Environmental Law J our­ nal and the Buffalo Journal of See Finley Fights on p. 3 Bililllhts honored at 11 llli!•••g:ij9f/~~tiQn· .... '96 Pt!Kctff~ ite~r1,r e:t .•. ,. .ti.New&Juliiof3 1 •J Journals consolidate for case note competition by Maria Pilaroscia, News Reporter decision. At first, Schenck was denied certiori, but on March 18, 1996, the United States Supreme Court granted certiori. Professor Finley says she was surprised that the Supreme Court granted certiori because of its de­ cision in an earlier case Madsen v. Womens' Health Center, U.S. , 114 S.Ct. 2516 (1994). Madsen not only upheld a "no un-invited approach" order, but also a thirty-six foot "buffer zone." Finley found out about certiori being granted while on her plane returning from a Florida va­ cation. Finley happened to read a U.S.A. Today that the man next to her was reading which proclaimed that the Supreme Court would in­ deed hear the case. Finley characterizesSchenck v. Pro-Choice as a very significant First Amendment case because it asks, "To what extent does the right to be left alone extend into International Law are inviting first year law students to participate in volunteer mentoring programs. The mentoring programs afford first years the opportunity to see how a journal is run, and decide if they are interested in working on a journal in a formal association. This allows them to decide if they want to participate in the Casenote competition. It is still possible to volunteer for the journals that do not partici­ pate in the Casenote competition. These journals areABA Journal of Affordable Housing and Commu­ nity Development Law andCircles. The ABA Journal of Afford­ able Housing and Community Development Law is a joint ven­ ture with the law school and the ABA forum on Affordable Hous­ ing and Community development. See Journals, page 6. .,~.,li~ii1 <\[i( . .'. . :::;:;:~· hideritstec.eivcd awafas..: ·Nine ... andtfl.eU~ FaciiJty ..... ···~;j;n;~chaelM~JJ:£ b~Et.hi~Aw~r<J. th~Qrd~igf 1rristtr;.a1Jtiie uiwFatuity ;~~f~,.··5tlue AnneHall: the · ~:i(K-0ten AwardandtheLaw Jk~ltyAward;'. ···••·· \Qrajg $. Brown: the aleJ~. MJirgQljs Award and the ','w'Facµlty Award; .·.·.•JamesWilU11m Grable, 'rA1ft~ Giitl6~ ¢, Alden Award jli$~~4,rdefilatioit,p, 6·,... �• • • . I • . I . I Follies and Fumbles Greg Mattacola Columnist HE'S BACK! Yeah, Yeah, Welcome Back, How was your summer, Where did you work?, Are you interviewing?, and all that other garbage. Save it for a cocktail party, we've got a lot to cover here. For my six readers from last year, thank you for once again wasting three minutes of your precious time to read my trivial slant on life. For any new readers, let me introduce myself. Last year, this was a column devoted to sports and politics; two of the best argument fodders in the world, if not the best. This year the focus will again be on these two things, along with anything else that needs to be discussed. Aren't there enough worldly restraints imposed upon us than to burden this column with them? So if you are new here, tolerate me or get lost. I'm perfectly happy with my faithful six from last year. And speaking of last year, let's have a round of applause for last year's Editor Sam Chi. He had the impossible job of managing a paper that reports on a place where nothing goes on. And he let this column get started. It also wouldn't be right to not give a hearty welcome to new Editor, Jess Murphy. Jess takes over the impossible job and allowed me to come back and have free reign over my topics. A truly brilliant move, if I dare say so. (First lesson in politics boys and girls, a little ass kissing never hurts.) FIRST YEAR (AND EVERY YEAR) SURVIVALKIT! Okay, First years, if any are reading, this segment goes out to you. It really applies to everyone, but most second and third years are so far gone already that they are beyond help. There still might be hope for a few of you. I am going to give you the most valuable advice that you'll ever receive in law school. Pretty bold words, huh? Well, don't blow your load yet, this might not be the advice you're looking for. You see, this won't keep you sane during finals, or get you all H's or teach you how to read500 pages of Criminal Law in an hour. No, all this will do, if followed correctly, is make the world a better place and make you a more enjoyable person for others to be around. Wait a minute, you might say. I can't use this advice for self-gain? What the hell do I need it for? If you did say that, you need it all the more badly but might be in that category that's beyond help. Well, here goes and let's hope I help somebody. Take a tape recorder, one that can play your words back, press record, and repeat after me: I am not important. I am not important. I am not important. Press stop. Are you okay? Did you just bust an artery? No? Okay, press record again and repeat after me. I am not better than anyone else. I am not better than anyone else. I am not better than anyone else. Okay, press stop again. Now, what you need to do, is place this tape inside a tape deck that will keep replaying it when it ends and play it every night while you sleep. Play it when you work out, play it when you're doing the horizontal mamba, play it all the damn time. What law students need to remember, is that we're not performing brain surgery here. We're not conducting research that might find a cure for AIDS. We're not teaching children to read and write, the two most important tools that they'll ever need. We are learning how to take what other people have written and alter its' meaning for our personal needs. Now that skill is an important one and can be used to accomplish great things. That, I do not disagree with. But those great things, for the most part, must wait until we are attorneys. This may come as a shock to a lot of people, but you are not yet attorneys. You are law students. So be a student. Humble yourself, and learn from the great things that others have done. Jim Bouton, in his prime, was a fastball throwing phenom for the New York Yankees (back when the Yankees didn't mostly consist of cocaine snorting convicts). During the downswing of his career, Bouton wrote one of the first tell-all books of professional sports, the kind that are a dime a dozen these days. In the book, Ball Four, he relayed a story about one of his teammates who was attempting to charm a young lady in a nightclub. When asked if he was married, the ballplayer said, "Yeah, but I'm not a fanatic about it." Am I extolling the virtues of infidelity to you? Is that what this is about? No, the point is to get over yourself and drop the fanaticism. People throughout this country do great things every day, most of which you'll never hear about. We are not so very special because we scored well on a test and made good grades in college. The object of this column is not to tell you to be any less aggressive toward your goals, your studies or any of your activities. You'd never do that anyway. Just drop the fanaticism and check the ego at the door. Come in, do your job, be a student and leave. Like I said, this advice won't get you any more H's but it will, if followed correctly, make you a helluva better person to be around. The Early Bird gets the worm ... and a $400 SAVINGS!!!!!!!!! When you register for Pieper Bar Review before November 1, 1996, we will automatically give you a $400 EARLY BIRD DISCOUNT! When you lock in your price early, you will also get: • The Pieper 5 Volume set on New York & Multistate law, quiz books and the New York Appellate Alert, a digest of appellate decisions from 1984 through today. (With $150 deposit) • Only one lecturer: John Pieper gives .allof the lectures - No rotating professors. • A Free MPRE review lecture. • A complete bar review course with no hidden costs. • The PIEPER personal touch. Don't forget, the deadline is November 1, 1996 Don't be left out. Call 1-800-635-6569 today with any questions. I I I �NEWS September 26, 1996 THE OPINION 3 Candidate Statements Ahren Astudillo Kevin Clor My name is Kevin C. Oor and I am from Buffalo, New York. I applied, and was accepted, to the University of Buffalo where I ma­ jored in Political Science. I am now, of course, a first year student at the University of Buffalo and my wife is a first year law student at Cornell University. If elected I would do the best I can to increase the efficacy of the students in my class. I feel a Law School Mentor Program would be extremely ben­ eficial for first year students be­ netxls fore the first week of classes. The two advantages to this program the 0 f are: it will answer a lot of the first Jllfm­ year student's questions prior to bers of our class. We all want to be the first week of classes and these active and involved, but our differ­ two students will be matched up ent life committments have to be t h e foltaken into consideration. ing Io wAdvance notice should be begiven for group meetings and semi­ year to 3 L a gin nars. Alternate dates or posted in­ re to 2L formation should be available for lationthose students who find it difficult ship. to attend. SecI would like see an escort ondly, I service provided outside the law the fee I library similar to the one currently prices o f in place outside of the undergradu­ law books at the University Book­ ate library. Also, I would like to see a sign designating the John store are outrageous. Why not Lord O'Brian Hall as the School of organize a day and times to have upper class students come to the Law. I am enthusiastic and look University and sell their books di­ forward to serving you in the up­ rectly to other students? Anything that can make upper class students coming year if given the opportu­ money and save money for first nity. year students is worth looking into. Finally, I would like to de­ velop a Law School Political Awareness Club. I feel a club like this would be a great benefit to our Law School and the University as a whole. I appreciate having this op­ portunity to address you. I would hope that on election day you will vote for me as your representative. I was born and raised in Buf­ falo, and have lived here all of my life. I graduated this past May with a B.A. in journalism and a minor in African and African-American Studies from Penn State Univer­ sity. As a Student Bar Association Class Representative, I would like t O ..,..,....,,..,.,,,....----.......,.,,,.---, f O n cus 0 servt h e i ng di verse Nicole Graci Hello. My name is Nicole Graci and I would like to represent the lLs in the Student Bar Asso­ ciation. I feel that I am qualified for one very important reason: I a m n o t afraid speak 0 firm up.A liever be sev­ i n o I d era! ages, ad such ..__........,~""'"-_....,......_ a s there are no stupid questions, it never hurts to ask, you never know until you try, and the worst they can say is no, I think that the lLs need someone like me to represent their interests. We are new at this law school thing. We don't know what has been tried and what has not. Therefore, we need a repre­ sentative who will voice our con­ cerns, ask the questions that need to be asked, and not be afraid to rock the boat or appear naive in the process. I can be that person. When the candidates were told to write this statement, it was suggested that we use it as a ve­ hicle to tell the students what we will do for them if elected I thought about that and decided that the question is not what I will do for you, but what you want me to do, hence the term, "representative." I can have all of the ideas in the world, but it is your support of them that will determine if they are advanced or not. After speaking with a number of lLs, it appears that there are two major sources of concern among the class: lack of unity due to sec­ tional division, and the poor state of the student lounge located on the first floor. I agree that both of these issues should be addressed and that they can be addressed . together. Due to the division of our class into sections, lLs rarely have chances to meet people who are not in their sections. Clearly, it would be beneficial to intermingle now, as we will be mixed in the following two years. One way of facilitating this integration would be to have a place to meet outside of class, such as a lounge, where we could not only meet other lLs but the rest of the law school popu­ lation as well. A lounge does exist on the first floor, but its problems go from the basic (the cord on the microwave does not reach the plug) to the global (the entire university has access to the lounge; there­ fore, law school organizations have not been enthusiastic about im­ proving it). I would like to address this as a representative of lLs in SBA I hope that on September 26 and 27 you give me the opportu­ nity to do that. Tonya Guzman I am running for first year representative of the Student Bar Association because it is impor­ tant that we have a voice regarding various issues. I hope to be the liason for the class of 1999. My past work experience as a sales representative has provided m e ...--------. w ith t h e necessary skills to confr o n t cha Ilenges, ex er a n d t h e C i S e of perpower suasion. Last year, I spent a lot of my time volunteering and being an advo­ cate for people who come from disadvantaged backgrounds.I in­ tend to use my skills to make changes happen in this school. I have a strong interest in community service and a big part of my platform will be focused in this area. Prior to law school, I was an interpreter for the hearing im­ paired and I would like to see the Student Bar Association involved in public interest projects that also include the deaf population. Many of you have already approached me with concerns and ideas that you would like to see addressed. If I'm elected, these ,·. issues will be dealt with and I will keep you informed of the progress. I look forward to being a contrib­ uting member of the Student Bar Association. My goal is that we all work together as a team to implement changes and that we make a differ­ ence in our community. Kim Fanniff I am running for class repre­ sentative of the Student Bar Asso­ ciation because I would like to make a contribution to the law school community. I believe that as a member of the SBAI would be able to do so. I recently graduated from t h e v er Uni· Al sity at where bany i n I was volved wide in a of acrange ti Vi ties including Class Council and the Undergraduate Committee of the History Department. Positions such as these and others I held helped me to gain experience in leadership. I believe I developed the necessary skills that will help me to be a conscientious represen­ tative. Our main goal as students is to study and learn. However, it is important not to forget that there aremanyotherworthwhileendeav­ ors that students can participate in. I think the SBA should become more involved in promoting these activities so first year students are aware of other opportunities. Brenda L. Torres I would like to be a class representative for the first year law students in order to improve the the quality of our life as stu­ dents and to improve the quality of our education, so that we all pass the bar and get jobs when we gradu­ ate. There are eight concerns that I think would benefit the law stu­ dent body. First, I would like to see a restricted telephone, for on­ campus calls, installed in O'Brian Hall. There are times that we need to call c er tain ofo n fices pus. cam­ ing a Hav­ telephone, a s such t h e onein dent StuUnion, restricted for on campus calls, would make life easier. Second, I would like to see the main books used in all law classes be placed on overnight re­ serve in the library. There are many reasons why students might not have their books, such as the books did not arrive in the bookstore on time. The ability to borrow the book from the library will benefit many students. Third, I would like to see a book swap for first years at the end of the semester, where section U can trade with section B. This will eliminate the bookstore as the middleman and save us a signifi­ cant amount of money. Fourth, I would like to see increased school spirit. Many col­ leges are sold out at their football and basketball games. Although many law students are into sports, we hardly support VB athletics. Perhaps some SBA activities could be tailgating, or something else to increase school spirit. It would also be great to generate school spirit within the law school by challeng­ ing other graduate programs to ath­ letic competitions. IL's could chal­ lenge another year, or our profes­ sors. It doesn't have to be a sport. We could go to Lasertron. Fifth, I would like to see the SBA increase its membership, thereby increasing effectiveness. One way would be to add student organizational delegates or liasons. This will increase the cooperation and communication between the SBA andihe other student organi­ zations. Another way to increase effectiveness of the SBA would be to begin a general assembly. There are so many things that can be accomplished that would make our next three years more bearable and memorable, but requires input from all students. Sixth, I would like to see a committee formed to address the ongoing concerns of late grade submissions to A&R. Late grade submissions affect the decisions of employers to hire us. Seventh, I would like to see an alternative for disseminat­ ing information and for providing services to those students whose responsi bi lites keep them off cam­ pus. Some students have families, full-time jobs, or other responsibilites that limit their free time. The SBA needs to address a more effective way to hear their concerns. Eighth, I would like to see an improvement in housekeep­ ing. Many students stay in O 'Brian until the library closes, and by the evening there is water and paper all over the bathroom floor. Some of these concerns will re­ quire more than one year to re­ solve. But if we work together, I feel that they can be accomplished. In conclusion, I would like to say that, if elected, I would do my best to improve the quality of our stu­ dent life and the quality of our education here at UB. Cindy Huang Hi! MynameisCindyHuang and I am running for one of the six positions of lL Class Director. If you choose to elect me, I intend.op focusing on both general Student · · Bar Association issues and more importantly, on issues that specifi­ cally affect lL law students, al­ though, technically, being on the SBA means representing the stu- See Candidate Statements, on page 5. �EDIT.ORIAL ..1HEOPINION .4 nrtlll,'ll/1., ti,, I ,,u 1 / t/11 ,ru4lt fl{\ ,r, 1 ! / 1• ~ ~ ~ / • BPINION Volume 37, No. 2 September 26, 1996 Founded 1949 Jessica V. Murphy Editor-in-Chief THEPASnORD: September 26, 1996 Jalie E. Meyer Managiag Editor EDITORIAL: .•.......,. ,.,......._..._,,. lltw Yen, N.\'. IIOJ6 ....... 11AOU 16 (1 UI 119-01IO (IOOI 4'71·1199 (61'1)ffMtn (IOOI 166-•i-- Think globally, act locally The Opinion is moving ... again. This time to the basement. We'll be in room number 7, and our phone number will remain the same: 645-2147. There's always an answering machine if no one picks up within five rings. And, Mondays we're laying out, so stop by! A list of deadlines and a production schedule will be placed upon the door. Well, I did have a point. Since we're moving yet again (Thanks, Pru and Pete!), we're moving a lot of equipment around, or buying n~w supplies because the school year crunch has begun. So, that's what I was doing the other day, carrying a huge box of stuff. I had to lug a box of copy paper from the parking lot to O'Brian Hall. No small feat, since ten reams of paper weigh guite a bit. While I'm struggling with this box across campus, I passed no less than fifty people who all managed to unabashedly stare at my travails. I know because I counted. Yet, only one woman stopped to help. She couldn't have been five foot tall, even on a windy day. The box weighed more than her, and she helped me. No one else? Do you think we'd have half as many problems in this world if we'd take one step to help out just one person? One person grabbed the end of my box, and changed my day. She didn't have to, in fact she was in quite a hurry. Our role as attorneys-to-be and how we're perceived in the community matters. We have to remember that as we represent others around us, they will look to us for things that are normally above and beyond our call of duty. It's a burden that we're willingly taking on as we spend three more years in school. It made me wonder how hard it is to be helpful of others. What sort of a world we'd have now if a helping hand was extended instead of a bomb threat. We live in an age where violence is common place. We're numbed to shooting, and we're removed from the terror that other places feel. We're numbed on a global level. Apparently, we're numbed on a local level, too. Fifty people who couldn't take five minutes to help. Were you one of them? If it wasn't someone like me, but someone without a family or a home or a coat.. .would you help? I don't think the good samaritan rule from torts applies to holding a door or helping carry something for someone who needs help. One nice thing for stranger could affect a lot more than you think. Our place in this world is small, but our roles aren't. lfwe can make a difference on a local level, we can change the world, too. That woman made a huge impact on my life yesterday. So, thank you to whoever you are. Think about it. STAFF Business Manager: News Editor: Co-Features Editors: Photography Editor: Art Director: Deshika Botejue Kristin Greeley Myrtle Bowles Jill Ann Baer To be filled David S. Leone Senior Editors: Steven Bachmann Dietz, Len Opanashuk, Samuel S. Chi Th,• Opinwn is a non-profit, independent, student-owned and run puhlicalion funded by the SBA from student law fees. The Opinion, SUNY Al Buffalo Amherst Campus, 7 John Lord O'Bnan Hall, Buffalo, New York 142(,0 (716) 6452147 The Opinion is puhhshed every two weeks dunng the Fall and Spnng semesters. It is the student newspaper of the Stale Un1verstty of New York al Buffalo School of Law. Copyright 1996 hyTheOpmion. SBA. Any reproductton of materials herein 1sstrictly prohibited wtthoul lhe expre..<sconsent of the Editors. Suhm,s.<ion deadhnes for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadhne..<are 6 p.m. on the Friday preceding publication. uhm 1i:.<i,msmay either he sent to The Opinion at the above noted address, dropped off under The Opinion office door (room 7 O' Bnan I !all), or plac.:d tn Box #755 on the third floor of O' Brian Hall. All copy must he typed, doubled-spaced, and suhmilled on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best when written as a part ofa dialogue and must he no more than two pages double-spaced. Perspectives arc generally opmson articles concerning topics of interest to the law school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspective we rec.:ive; wc reserve the right to edit any and all submissions for space as necei:.<aryand also for hbelous content. The Opinion will not publish unsigned suhm1ss1ons. We will return yourd1sk.<to your campus mailbox ortoa private maillx.1xif a self-addres.<ed stamped envelope is provided. The Op111ionis dedicated to provide a forum for the free exchange of ideas. As a result, the views expres.sed tn this newspaper are not neces.<anly those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging the freedom of speech, or of the press; ... " ·· The First Amendment ESLS explained by Lynn J. Wolfgang, special to the Opinion I am pleased to welcome the Class of 1999 to UB Law as well as greet all return­ ing students. As President of the Entertain­ ment & Sports Law Society (ESLS), I would like to inform the student body on our growth and subsequent problems. The ESLS was revitalized in 1994 by Andrew Freedman (LAW '96). The society had long been dormant. As a first year student, I shared Andrew's enthusiasm for the society and was elected an officer. To­ gether we lobbied the SBA for funding and fought tooth and nail to prove our existence as a society to the administration and the student body. With minimal financial support we drew the largest student attendance for our three speaker event series that fall. We featured such well known Western New York attorneys as Keith Schulefand, Leslie Greenbaum and MikeGentile. We demon­ strated a few of the careers available in the field of sports and entertainment law. In the spring semester, through a grant from Sub­ Board One, we featured Gerry Meehan, former Buffalo Sabres player, Team Cap­ tain, UB Law '82, General Manager of the Sabres, Vice President of Sabres Opera­ tions and current sports lawyer with his own private practice. This event was well at­ tended and well received. Our driving force has always been to show law students what careers are avail­ able in sports and entertainment law, both traditional !lnd non-traditional, and to allow students network with these professionals. As a result of our first year of programs, UB Law students were hired by Keith Schulefand, Mike Gentile and Gerry Meehan. On a personal note, I was hired by Mr.Meehan as a direct result of my involve­ ment in the. society and I wholeheartedly endorse our events as one of the best net­ working opportunities that this school has to offer. The ESLS has not only proven itself as a viable law society but as a legitimate source for e1Dployment and experience in the industry. After attending a sports law sympo­ sium at Georgetown Law Center in my senior year of college, it became one of my· fondest desires to bring a comparable event to UB Law. Last fall, ESLS and UB hosted the First Symposium on Sports Law in West­ em New York at the Cent :1 for the Arts. The distinguished panel featured: Kevin Billet, vice president Legal and Business Affairs, Buffalo Sabres Hockey; Jim Overdorf, director of Business Operations, Buffalo Bills Football; Michael Buszkowski, general manager, Buffalo Bison Baseball; and Vince Tobia, general counsel to the Buffalo Bills. The panel was moderated by Eric Goodman, sportscaster at WKBW Channel 7. We were honored to have Dean of the Law School Barry B. Boyer deliver the welcome. The event was attended by over one 100 students, faculty and inter­ ested community members. After the success of the first sympo• sium, the administration decided that there was enough interest in the subject matter to justify a course offering in the area. This fall, 1996, UB Law will offer a three credit course on Sports Law. The ESLS went on to hold another symposium in the spring high­ lighting entertainment law in Western New York. This event was held at the Center forTotnorrow and featured a diverse panel including: David Midland, CEO of Artpark; Eric Land, general manager, WG RZ Chan­ nel 2; Bill Grieshober, general counsel, Rich Products, Inc.; and Steve Boyd, reporter WKBW Channel 7 and UB Law '98 acted as moderator. All in all ESLS was having an excep­ tional year, finally proving its value to the SBA, the administration and to the students. The year however, would not end on a positive note. A miscommunication to an officer (who did not understand the impor­ tance of a budget hearing) and the absence of that office at the budget hearing resulted in a zero budget for the ESLS. What could have been our most highly funded year has returned that first year, begging for money once again. However, all is not lost. The ESLS will hold the Second Sym- See ESLS explained, page 6. �. . .., .. •.~:·"NltWs 5 Candidate Statements, continued from page 1. Cindy Huang, con't. dent body as a whole and not just one particular class. This is essential because the odds are, 2Ls and 3Ls will not be doing much to advocate lL issues since they no longer have to deal with the frustrations and concerns of being lls. An example of one of the many things that I would like to work on improving is the condition of the lL lockers in the basement. Does it stink down there or what?!?! To make matters worse, it's also creepy and musty. Speaking from experience, I can honestly say that I try to avoid going to my locker as much as possible. As a result, I usually end up carrying my heavy books all day long. Do lls have to put up with this in addition to all the other stresses of first year law school? I think not! This is just one of the many issues that I would like to deal with. So if you want detailed and precise plans, vote Cindy Huang for lL Class Director. Joe Reynolds Welcome back, 2L's! It sounds so good to be able to finally say that our first year is over. For those of you that do not know me already, I'm Joe ~eynolds and I am running for the office of Se C ond Year Director for the SBA I graduated from Geneseo a n d am origin a 11y f r o m Attica ---'"""""""" (the town, not the prison). I am not going to make a big speech about all the things that I am going to do you for as an SBA Rep. Being an election year, I'm pretty sure that we've all heard that enough. We hear that all the time-- prom­ ises that are made but never kept. That's not what I feel the position requires. My job in the SBA would be to represent us as a class, not just my own personal wishes or plans. If people have ideas, questions, or concerns, I think that it is my responsibility to see what can be done to help those people, given the Constitution of the SBA and the budget. But I am always open to new ideas or suggestions and would love to hear them from anyone about what concerns you or what people think should be done for the school in general: Amy Du Vall For starters - welcome back everyone and congratulations to the 2Ls! Why, you ask? Well, simply because we are 2Ls and we've successfully made it through our lL year! I'm Amy Du Vall, and after serving as one of your lL SBA Class Representatives this past year, I'm running for reelection to SBA for the oppor­ tunity to serve as one of your 2L C 1 ass Repre­ sent at iv es. Through­ out this past year, I've met and gotten to know many of you, and I've spoken with you about things you would like to see changed and/or improved within our law school. I look forward to hearing and acting on your current thoughts and concerns. As your 2L representative, I will make every effort to turn your thoughts into realities and your concerns into solutions. I'm here to represent the comments and concerns of the 2Ls - your comments and concerns. So, just stop me in the halls or in class and let me know what's on your mind. I'll do whatever I can to voice your thoughts and concerns and achieve the re­ sults you're looking for. I was honored to serve as one of your lL representatives last year, and I'd be honored to continue my leadership experience representing the 2Ls of our law school through the SBA this year. I encourage you to vote in the SBA elections this Thursday and Friday, September 26th and 27th, and most importantly I encourage you to re-elect Arny Du Vall as your 2L Class Representative. Thanks for your support! Greg Mattacola For those of you who don't know me, my name is Greg Mattacola and I am run­ ning for the position of Second Year Class Director on the Student Bar Association. I held this position last year and when I de­ cided to run again, I was asked more than once, "Are you crazy? Don't you have enough going on?" There is a lot going on this year yet I still feel the need to represent you in our student government. No matter how many faults there are with our school or the way it is run (and I could talk about many), I still hold true to the idea that the representa­ tional system works and that positive things were accomplished last year. I felt that last year's SBA worked hard to represent its' student population fairly and without preju­ dice and judging by the new Executive Board, I feel that this will continue. One thing that I hope to focus on this year is to establish a legislative liaison posi­ tion on the SBA What this position would consist of is to have a student represent the law school at University meetings, specifi­ cally those meetings which concern the bud­ get. The position would also hopefully entail organization of at least one lobbying trip to Albany. For this school to remain competitive and to receive its fair piece of the pie, there needs to be constant represen­ tation in the forums that decide its fate. I would hope that you vote for me as I have always tried to represent the class as a whole and not just what I think it wants. Yet, regardless of your choice, make sure to vote! Nathan Van Loon When we come to Law School each one of us has dreams and aspirations of what type of attorney they wish to become once they have completed their education at UB and pass the Bar exam. Some of us wish to become prosecutors who help defend the public from the tides of crime, others seek to create safe affordable housing for low in­ come families, some wish to protect the environment or become sports and enter­ tainment lawyers. Still others wish to build a myriad of different careers. The Student Bar Association can be a powerful force in our effort to make these dreams a reality. Our student govern­ ment has the power to enable the students to bring in speakers they wish to hear, to spon­ sor the events that bring the law school community together, and the ability to dis­ cuss with the administration of the law school details of the day to day concerns, as well as the long term future of our institution. As one of the founding members of the Criminal Law Society, and as its current Chairperson, I appreciate the op­ portunities that our student government can afford to those students who dare to dream that they can build an educational experi­ ence above and beyond the ca:;ebooks. As a member of your second year class I can appreciate the pressures and obligations that go along with our current status in the legal community. One of America's greatest minds, Joseph Campbell, once said that for a suc­ cessful life one has to "follow one's bliss". I believe that SBA should be in the business of finding ways to help people follow their bliss, by making our law school environ­ ment as friendly as possible to those who dare to broaden their base of education beyond the classroom. On election day I ask that you cast your vote for me so that the second year class can be represented by a person who shares your concerns, your hopes, and your dreams. run the school. As these relationships de­ velop, it is my hope that these groups will band together to help provide and seek out scholarship opportunities for our law stu­ dents. This comraderie will be very benefi­ cial in producing united scholarships of a larger value. If elected, I will also strive to imple­ ment the campaign promises of each candi­ date. My candidacy is one of inclusion, not exclusion. Like my campaign motto, I believe the responsibility of each law student is to "be a part of the solution." Many students are quick to criticize and protest the things they do not agree with or feel should be changed. However, many students do not take initia­ tive to change those things. l challenge all of you, as I have challenged myself, to be a part of the solution! '.•:· .... :;:::·=<•:•·t:::. :llttrltt~;!•»b.t~: 1 Theresa M. Wolniewicz Hi! My name is Theresa Wolniewicz and I am running for 2nd year Class Director. I possess a diverse back­ ground which I can bring to the position to help address the problems that face our school. As an active member of the student government for four years at Canisius Col­ lege, I had many opportunities to work on numer­ ous issues of im­ portance. I servedas a class senator where I spon­ sored reso­ lutions andamendm en t s aimed at improv- ....__,_____ __., ingtheconditions of the college and increasing the effectiveness of the student senate. As finance committee chair, it was my respon­ sibility to oversee the allocation of funds to student organizations and to address their fiscal concerns. When I became president of the student body, I had to confront challenges at all levels of the college includ­ ing academics, student services, and finan­ cial matters. I can bring my extensive experience to S.B.A to help represent your needs. Sev­ eral problems including tuition and fee con­ cerns, the condition of our physical facili­ ties, and the budgetary situations of student clubs need confrontation. Please partici­ pate in this year's election and demonstrate the importance of addressing these issues. Thank you for your support! ·•·••1:1~~!:g~#cf/Jle· "Sna ·ea. \ .. Bahaati E. Pitt As a Second Year Class Director, my main aspiration is to help improve the relationship between the stud e n t s and the adminis­ tration. I w i I 1 acheive t h i s through Student­ Faculty forums and a Faculty Manbp program. In addition I will strive to improve the rapport between the various student groups. After all, it is the students who help THEPASSWORD: •-••Y UOO II<• York. N.Y. 100)6 (J IJ} 719-0JOO (100147J,81'9 JO Pan Plu.o. 54111•9H ao.c... 1u OJll6 (617} 69'·99'' (IOO) 166->J .. �NEWS THE OPINION 6 ESLS explained, Con 'Jfrom page 4. posium on Sports t.aw this semester. l have solicited (and continue to solicit) organizations within the University to help underwrite the expenses of this event. However. consider this an open invitation to donate, as students, your time, exper­ tise,to help makethis anothergreatevent. How would you like to get involved. Aslam inmy final year, fwouldlike to leave the ESLS on a positive note. l want to see more speakers. more sympo­ siums and more activities. This can only happen if you, the students, get involved. The amount of the commitment .is up to you, whether you are a member and attend the functionsor you wouldlike to volun~ teer more time- get involved. I suppose that this is not the most subtle attempt to garner participation but we have come to afork in the road. As the highly esteemed baseball legend Yogi Beara said "When you come to a fork in the road, take it." Please contact me for further' infor­ mation, Box #847. Journals, con't. from page 1 Second and third year students can vol­ unteer for this journal, which is overseen by Professor Disare. Circles is theBuffalo Women 'slour­ nal of Law and Social Policy. Circles opted out of the Casenote Competition because it was founded as an alternative to what it perceived as a male-dominated system of legal scholarship. Its role is to provide a forum for expression to those who traditionally have not had one. There­ fore, Circles views the Casenote Compe­ tition as contrary to its goals. Circles has proven to be cutting edge. It was one of the first women's journals to print prose and poetry, and many other women's journals have followed suit. The Buffalo Criminal Law Review is a joint student/faculty journal, with Professor Dubber providing faculty lead­ ership. The Criminal Law Review is expecting to publish its first edition this Spring. Graduation, and the Robert J. Connolly Trial Tech­ nique Award; Benjamin Douglas Pierson: the Adolf Homhurger Law Alumni Associa­ tion Award and the Robert J. Connolly Trial Technique Award; Theresa C. Brophy: the Robert J. Connolly Trial Technique Award and the Order of Barristers; Shelly Chao: the Robert J. Connolly Trial Technique Award and the Law Faculty Award; Nicole C. Johnson: the Order of Barristers and the Law Faculty Award. Additionally, Charles Carbone, Sarah Jane Hemmeter, Judy Sager Hernendez, Jason A Yots, Joseph John Hill, Kristin B. Jones, Sara Anne Meerse, Robert H. Smith, Daniel Werner, and Su­ san Gail Hughes were awarded the Law Faculty Award. Michele Christine Crusius, Laurie Anne Giordano, Lyle T. Hadju, Alexander Erik Bernstein, Kathleen S. Campbell, Su­ san Marie Etu, Aaron M. Pierce, Michelle Murray Radecki, Elena !l-osciglione, John L. Sinatra, and Holly Anne Penelope Tucker received the Robert J. Connolly Trial Technique Award. Karen Bailey, Peter Beadle, Bridget Cawley, William Gargan, David M. Hastings, Michele J. O';'dienko, and Jen­ nifer Lynn Lyons received the Order of Barristers Award. Other award winners were: JosephN. Del Vecchio:TheJohn N. Bennett Achievement Award; Sean Allen Kennedy: the Judge Matthew J. J asenApellate Practice Award; Shawn Wilfred Carey: the David Kochery Award; DavidH. Blackmon: the Laidlaw Law Alumni Association Award; Julia Swire Hillel: the Moot Evi­ dence Award; Laurie Lynn Menzie: the Judge William J. Regan Award; Jason Hale &tern: the Birzon Prize in Clinical Legal Studies; Anne Elizabeth Phillips: the Jus­ tice Philip Halpern Award; Jeffrey Dean Scherzer: the Edith and David Goldstein Award; September 26, 1996 continued from 1 Lisa Regina Strand: the Lavendar Gavel Award; Amy Jean Wendt: the Prentice­ Hall Award; Suzanne Ellen Ouellette: the Maurice Frey Award; and Sharon Lezama-Ramirez: the Minority Bar of Western New York Award. ~~1it;,P.l~9~7y .•.. ,:: ...., ·~:~~ie:~,:1~;~}.!t~;~~t~;it · </ .... ' Fihlev.'said· . . . ~- .."There'slh:erightto .. prg!est;·a~~th,et1 mere's lh~righf'~o it~;~~!'. .,.. Jh~ ~~prerri~(:p,~f¥.i,\rshall'l i~iiAiiilifS: Wanna be bomber bumbled artumenf\villbe lirillfodtofiftyor less UB student Stephen J. Pudlewski, 23, was charged with falsely reporting an inci­ 11 dent as a result of a bomb scare on the North Campus on August 30. The scare resulted in the evacuation of three buildings: Baldy and thei>ro..Choice Networkand;iheuif O'Brian Halls and Lockwood Memorial Library. Baldy Hall was evacuated shortly after 8:30 a.m, after a man called a professor .tPii.. arid'a ti¢ketto the i>r~I •··· saying that he had placed a bomh in a duffel bag in his office. Bomb experts from the Erie County Sheriff's Department were called to cam­ pus. Investigation of the bag revealed items belonging to the student, including a lap-top computer. ..,•.. ~1:•~~~! l ~{1~,~::tu.1t\:~y1;;:tt••· ::, ,~~:x!:i!~ti~:~r:~nJJ~or~~~:, .·i~i:i;;r~rtl~1t1~i~:1~1:: :~w-«ici¢e f,!!tt~~- Scholarship Applications are due today in Room312 ~National Hispanic Scholarship Fund, applications are due on October 1, 1996 THEPASS\WRD: mestic Violence Task Force Softball Tournament will be on October 12. Sign-up in room 604. i Alpha Delta Rush Party 7 :30 tonight! At the Scotch and Sirloin. National Lawyers' Guild party at 8:00 tonight! At the Lafayette Tap Room. Be included in the Docket, and have special activities announced. Just drop a flyer or a note in Box 755! I SOOBroadway ~.,.. York. ~.Y. 10036 (l ll)719-0200 (800) 472-8899 20 Park Plaza. Sull< 931 IIOllon, IIIA02116 (617) 695-9955 (800) 866-7277 �FEATURES September 26, 1996 THE OPINION 7 Alumni lend a helping hand A survey you don't want to miss y Menelik Alleyne, Special to the Opinion For the past two years, I have heard a lot about what classes I "should" take, what I would "need" to pass the bar exam, and what life "would be" like once I entered the legal profes­ sion. Unfortunately, many of this information has come from fellow stu­ dents, whom knew as little about the law and the bar exam as myself, from pro­ fessors whom have not practiced in years, or from biased commercial ven­ dors peddling their courses, study aides and other products. I'm sure that every 2L and 3L know exactly what I am talking about. As for all you lL's reading this ar­ ticle, just wait a couple of weeks and you will have experienced the same. One year ago, it occurred to me that the best pos­ sible source to comment on anything that UB Law had to offer, with its unique qualities, would be its alumni members. Hence, I began the task of developing a survey that would help dispel irrel­ evant notior,s and out­ dated information not obtained from a neutral yet knowledgeable source. I do not claim to be a statistician, nor an expert researcher for that mat­ ter, but merely a law stu­ dent willing to accom­ plish what I came here for - to learn. Further­ more, this survey is in­ tended to be a helpful re­ source for current law stu­ dents by providing basic information from people whom have walked in your shoes, sat in the same seats, and have rode the same "train." The re­ sponses provided will be useful in choosing classes, preparing for the bar exam, and seeking employment. Addition­ ally, for others whom may not look to this survey to assist them with regard to those categories, this sur­ vey will still be useful in letting you know how oth­ ers feel about a particular topic given their particu­ lar experience (which may or may not be simi­ lar to the career goals you have already set for your­ self). In short, this sur­ vey will be extremely helpful as a reference point from which to work in seeking out additional and previously unrealized alternatives, priorities, and evaluations of your own individual choices and values. General, (1) NY Practice & Family & Jeremy Hoffman; and extra special thanks As for methodology, for best results I (2) NY Practice, Estate Planning, Con­ Law, to Dean Alan S. Carrel, for his continued contacted only the most recent graduates to tracts, Criminal Procedure & Sales and Se­ support, tireless efforts to build upon UB's account for a continually changing.VB Law cured Transactions, and (3) Criminal Pro­ tradition, willingness to deal with student curriculum, and recent trends in the legal concerns, and faith in the spirit of UB law. cedure, Torts, Property, Insurance Law, & job market. I targeted the graduating classes Employment Discrimination. SURVEY of 1995, 1994, and 1993 to respond to my Health Care Law, (1) Contracts, (2) All answers having received the great­ survey anonymously with the hopes of so­ Counseling Small Business, (3) Contracts, est number of votes are in BOLD face type. liciting the most honest, and therefore best, NY Practice & Health Care Law classes. Also, I have indicated ties by placing them responses. The response rate for all three Housing Advocacy. (1) Affordable on the same line with which the response years combined were excellent at 10%. I Housing Clinic, (2) Community Economic tied. asked a series of 10 questions of which are Development, and (3) Affordable Housing Question #1 - What three classes of­ listed below with the responses to follow in Seminar. fered at UB Law did you find most helpful ranking order. Whenever possible, I com­ Immigration, Am'. course with a lot of for the bar exam? The top three choices for bined responses into an appropriate cat­ writing! the 1st place, in descending order, are: New egory if that particular response had already Insurance, (1) Contracts and (2) Se­ York Practice; Torts; Gratuitous Trans­ been expressed. However, this was a diffi­ fers. The top three choices for 2nd place curities Regulations. cult task because I wanted to maintain much Judicial Clerkship. (1) Criminal Pro­ are:Torts & Contracts (not Prof Schlegel); of the individual flavor and sentiment ex­ New York Practice, Criminal Law, and Prop­ cedure & New York Practice, (2) Trial pressed by alumni. Technique, and (3) Sales and Secured Trans­ erty; Evidence, and Gratuitous Transfers. I hoped to achieve a delicate balance The top three choices for 3rd place are: actions & Evidence. between combined responses and individual Labor/Employment Law, (l)Con­ _Criminal Procedure & New York Pracexpression, and tracts,(2)Employment Discrimination Law, perhaps in no and (3) Administrative Law. better fashion Legal Services, (1) Civil Procedure, than through the .., (2) Evidence, and (3) Immigration. categories them­ ~ ..::S Legislative, (1) Statutes and (2) Reselves. There­ r.,; search/Writing. fore, every single Medical Malpractice, (1) Torts, (2) category is de­ ';_ Trial Technique, and (3) New York Prac­ rived directly ~ tice. 0 from responses ei: Defense/Lending. (1) Contracts, (2) in the form of a Corporations, and(3) Community Economic quote. I have in­ Development. cluded all Tax Personal Injury. )(1 )Trial Technique, courses under Torts & New York Practice, (2) Evidence, the term "Tax" Torts & Research/Writing, and (3) New for easier com­ York Practice. pilation. There­ Public Interest/Child Advocacy Law, enelik A /leyne fore, the term Tax includes Federal Tax I & (1) Child Advocacy Law, (2) Evidence tice; Property; Sales and Secured TransacII, Corporate Tax, and Estate & Gift Tax. and the Child Victim, and (3) Evidence. tions. No interpretations were placed in the an­ Real Estate, (1) Affordable Housing Question #2 - What three classes of­ swers themselves, just 100% alumni re­ Clinic & Real Property, (2) Community fered at UB Law did you find most helpful sponses. Equally as important, you will find Economic Development Law, Torts & in the area of practice you are in? State the that, due to the nature of open-ended ques­ Real Property II, and (3) Tax. particular area. tions, many responses overlap and extend Non-legal news reporting. Constitu­ For Business Law, (1) Counseling beyond the particular question. Small Business, (2) Sales/Secured Trans­ tional Law. Additionally, every category will not Secured Transactions & Commercial actions and (3) Tax were the most recom­ reflect the total participation of those whom Litigation/Bankruptcy. (1) Real Property, mended classes. participated in the survey because not ev­ For Civil Litigation, (1) NY Practice, Sales/Sec., NY Practice, Bankruptcy Re­ eryone responded to every question. organization, & Counseling Small Busi­ T. Technique & Tax, (2) Civil Procedure, It was encouraging to have received ness, (2) Debtor and Creditor, Corpora­ Torts & Trial Technique, and (3) Evidence, such a warm response from so many alumni Contracts, Debtor/Creditor & Trial Tech­ tions, Counseling & Financing Small Busi­ members willing to help out current law ness, & NY Practice, and (3) Debtor/Credi­ nique were the most recommended classes. students. Furthermore, many of them ap­ F orCivil Procedure, (1 )Criminal Pro­ tor, Sales and Secured Transactions, Tax. plauded the efforts of this survey, and wish­ cedure, (2) Wills and (3) Torts. For Corpo­ ing that they had had a similar survey avail­ rate Law, (1) Contracts, Tax & Insurance able to them when they were in law school, Law, (2) Intellectual Property, Commercial See page 8. truly hoped their responses would be help­ Law & Securities Regulation, and (3) Tax & ful. In fact, many alumni members pro­ Corporations. vided information well beyond what I had For Criminal Law, (1) Crim. Law, actually requested (this too was categorized Criminal Procedure, & as best as possible). UB Law students will Trial Technique, (2) Law & appreciate, and be pleased to know that Psychology, Evidence, & responses were received from over 14 states Trial Technique, and (3) Juin which alumni are currently practicing. venile Law & Real Property. The responses span from coast to coast and For Environmental Litjinclude California, Connecticut, District of cation. (l)Trial Technique Columbia, Florida, Hawaii, Illinois, Mary­ and (2) Research/Writing. land, Michigan, Minnesota, New Jersey, Family Law (emphasis North Carolina, Pennsylvania, Virginia, special education), (1) Edu­ Washington, and of course, New York. cation Law Clinic, (2) Legal Throughout this past year there have Rights of Persons with Dis­ been literally many "hands" working to fur­ abilities and (3) Family Law. ther this project for which I am grateful. For those of whom provided direction, sugges­ Family Law( emphasis tions, and other support, I thank you. Fur­ I ~00 Broadway ZO Park Plaza. Sui It 9} I matrimonial), (1) Family NtwYork.N.Y.100}6 loslon.MA02l16 thermore, I would like to recognize the (212)719-0200 (800) •72-8899 (617)69'!-99SS (800)866-H"" Law, Crim. Law, Crim. Pro. following people and entities without whom & Real Estate with Prof. this survey would not have been a success: Reid, (2) Family Law, Estate Participating Alumni Members; The Planning, New York Practice, Student Bar Association; The Opinion;The & Trial Technique, and (3) Office of Admissions and Records; Illene Torts, Gratuitous Transfers, Fleischmann, Tiffany Weiss, and Sharon Trial Technique& New York McLoud; my good friends, Barbara J. Burns Practice. l Survey, TIIEPASSWORD: �. ~'OPfNiON 8 Survey, r- mTuREs 4 .,., ,"'\f C , > 1 • , September' 26, 1996 con't. NY Practice & Research and Writ­ ing. Worker's Compensation Defense, (1) Insurance Law and (2) Trial Technique. Question # 3 - What bar re­ view course did you take? (1) Barbri - 54 votes, (2) Marino (No longer in busi­ ness)- 10, and Pieper - 9. Question# 4 - Do you recom­ mend it? (1) Barbri-52 yes and 2 no, (2) Marino-8 yes and 2 no, and (3) Pieper-8 yes and 1 maybe. Question #5 - If you took more than one bar review course, please indicate the one(s), if any, you (1) PMBR-6 recommend. recommedations and 1 no rec­ ommendation, (2) Barbri-1 rec­ ommendation, and (3) Pieper-I recommendation. Question #6 - Did you find your ct:rrent job through the Ca­ reer Development Office (CDO)? No - 57 votes, and Yes - 16 (in­ cluding one "former" rather than current job) Ifyes, wasthisthroughaCDO interview? or listing? (1) Inter­ view - 8 votes, and (2) Listing - 4 votes. Question #7 - What advice do you have for students preparing for the bar exam? (1) Follow bar review schedule (do whatever they say). • 24 votes, (2) Give it your all.-19, (3) Leave time for yourself. Relax or you'll go nuts! - 18, ( 4) Take as many practice exams, multiple choice questions, and exercises as possible. - 16, (5) Maintain a steady pace. - 14, (6) Don't panic! Do not compare study habits. - 10, (7) Work out in the gym (do some type of exercise). 9, (8) Don't get caught up in the hype (relax). Do as many MBE questions as possible. - 7 (9) Start reviewing materials as early as possible. - 6, (10) TaJce a bar re­ view course. Take classes of inter­ est and not solely for the bar exam. - 5, (11) Study to learn and not just to be tested. Take one day off per week. Focus on the main topics. Take as many bar courses as pos­ sible. Go for a "just passing" grade because it's a pass/fail exam and there is no need for additional pres­ sure. - 3, (12) Read explanations regarding why you got an answer right and wrong. Pray. Rewrite your notes after class. Index/flash cards are helpful, particularly to­ ward the end of studying. Know black letter law and nothing else. Concentrate on CPLR for the NY portionoftheexam. Use"CIRAC" religiously for all essays. Rest the night before taking the exam, and don't study after the first day of the exam. If Schlegel taught you contracts, take Marino because they make sure you know con­ tracts. - 2, (13) Take bar review course at night since UB's library isn't open at that time. Plan a vacation/goal to work towards. Seek out family and friends for support during the summer. Take bar review cowse two times, once during the summer before senior year, at no extra cost. Call Neigh­ borhood Legal Services if you need accommodations as per ADA (UB's knowledge and assistance is limited). Take Sales/Secwed Transactions & Commercial Pa­ per. Take professors that teach in a clear analytical fashion, and ex­ plain historical developments be­ cause this will help you overall. Free up as much time between graduation and the bar exam. Take at least one type of "Corporations" course. Take one bar exam at a time and worry about others later. Remember it's not the correct an­ swer but how you answer (30% of the exam you won't know). Audio tapes in the library are helpful. Make sure you take two bar exams because you have already done all the studying. Spend extra time with your trouble areas. Bring earplugs to the exam and avoid distractions. - 1 Question # 8 - What advice do you have for students looking for a job? (!)Networking helps (professional organizations, etc.). • 21 votes, (2) Get practical experience. -15, (3) Persistence is key. Be realistic and flexible. - 14, (4) Use CDO solely as a resource, but by no means limit yourself to it. - 12, (5) Do pro bono work because it's a good source of expe­ rience and networking. - 8, (6) Don't Jet the process defeat your self esteem. Look for satisfaction beyond a paycheck (large firm money). - 7, (7) Get involved with extracurricular activities. - 6, (8) Don't discount non-traditional forms of practice (i.e., education and health care administration). Be aggressive, and ask questions on interviews. Pick the employer rather than having the employer pick you (satisfy yourself). If you don't get your dream job, get 1-4 for years of experience because lateral moves are most common. 4, (9) Get informed early. - 3, (10) Seek out another degree if pos­ sible and interested. Seriously consider becoming a solo practi­ tioner (Erie County Bar Associa­ tion is very helpful with this). Take adjunct professors. Have good references. Clerk in the geographi­ cal area in which you want to settle. Don't be afraid to "cold call" em­ ployers prior to sending resumes, and follow letters with a call. Don't overlook the possibility of starting as a "temp." and working your way to a permanent position. Don't bother me because I'm looking too! - 2, ( 11) Have a plan/strategy, and don't just look aimlessly. Let unusual qualities shine on a re­ sume. Flood market with resumes. Finding a job is easier once you pass the bar exam. Think about where you want to be in 5 years. Think about how you will bring business to the firm because they will want to know. Walk resumes into firms personally. Be willing to work as a law clerk. Take Con­ tinuing Legal Education (CLE) cowses. Don't underestimate your own abilities and knowledge upon coming out of law school. Do well in law school. Stress on interviews that you want and can handle cli­ ents. Do not overemphasize re­ search skills. Take assigned coun­ sel cases for experience. Be on time for interviews. Distinguish yourself from others. Research employers well. Computer and language skills are helpful, par- ticularly for public interest work. Don't lie on your resume. Target what you want, avoid mass mail­ ing and generic cover letters. Look for a job that will offer diverse experiences. Interview as much as possible for practice. Obtain jour­ nal experience. Use employment newsletters from other schools. - 1 Question #9 - Other useful comments regarding law school or entrance into the legal profession? (1) Try to get as many market­ able skills, and experience in practical applications as possible (i.e., clinics and clerkships). - 15 votes, (2) Don't limit yourself in law school classes. Take classes in areas you think may not interest you because you must be well rounded (avoid solely taking bar courses). - 6, (3) Don't be discour­ aged when your job search takes one year or more because this re­ flects the market and not you. Do not be afraid to go to other areas outside of actual practice (there are many alternatives). - 5, (4) Always respect other attorneys, the profession, and ·do what you can to improve it. Take adjuncts because they practice what they preach. Prepare for long hours and low pay. -4, (5) Do your best academi­ cally. Try to combine law with another field, because this will give you an edge. Be flexible and go beyond the traditional firm. Know what city you are interested in be­ ing employed and zero in. - 3, (6) Allow time to adjust to new em­ ployment. Cooperation with other staff are crucial to your success. Be prepared to learn all over again. Keep in touch with other gradu­ ates for support. Minimize your debt in the likelihood of obtaining a low paying job. Have fun in law school, you get more out of it that way. - 2, (7) Learn as much about ,book research because firms may not have updated technology. If not on Law Review, convey that you have equal skills. Consider clerking, it's invaluable. Always be prepared, it is the key to win­ ning cases. Try to get involved in a mentoring program with others in the legal profession. Give back to your community. A Master of Laws would be helpful. Just re­ member that many people have been in your shoes and have sur­ vived. Never burn bridges with your colleagues (the legal commu- nity is very small). Develop com­ puter skills. Go to other members of the bar for help because they are often extremely helpful to newly admitted attorneys. Stay focused to your area of practice. Look for satisfaction beyond pay. Start your job search early. Be humble and learn from your support staff, most of whom will know more than you! Use CDO for part time jobs during the school year for experience which can also lead to a full time job. Seek to continue your educa­ tion. Don't be afraid to take a paralegal type job and then move up. Interview as many times as possible for practice. If you want to practice outside of NY take that bar exam first. Know and develop your niche. Show lots of excite­ ment about interviews. Study up on the rules of ethics because these often come up. - 1 Question #10 - Please indicate your year of graduation. # of responses Year 1995 21 1994 31 1993 21 �September 26, 1996 - FEATURES Reported child Pe,:otpersnickity abuse on the rise over debate According to a Department of Health and Human Services study, 2.82 million children were abused or neglected in-the U.S. in 1993. This is up 98% since the last survey conducted in 1986. The study revealed that children in families whose in­ comes were below $15,000 were 22 times likely to be abused or neglected than children whose families who earn over $30,000 per year. Children in single par­ ent homes have a 77% higher chanceofbeingharmedby physi­ cal abuse than kids living with two parents. No racial differ­ ences in maltreatment or abuse injuries were found. Birth parents were perpe­ trators of 72% percent of the abuse. 75% of these children were harmed by their mothers and 46% by their fathers. Although the caseload in­ creased bewtween 1986 and 1993, the number of cases in­ vestigated by state agencies re­ mained constant. In 1986, state agencies investigated 44% of cases of physical abuse. In 1993, only 28% were investigated. UB technology fee skyrockets According to a survey con­ ducted by Of Counsel: The Legal Practice Report, law firms throughout the country experi­ enced moderate growth during 1995. Law firms ranging in size from 47 to 1,858 attorneys grew at a rate of 3.4% in 1995, up from 2.1 % in 1994. This modest growth is seen as a good sign, a turn­ around from the layoffs and attri­ tion of the early 1990s. The highest growth rates were reported by the largest firms, those with 300 or more. These firms, which experienced the greatest downturn in the early part of the decade, grew 4% last year. Firms with 200 to 300 law­ yers grew l. 7 percent last year. This is especially encouraging since these firms have been most troubled in the past few years. Often, this size firm is not big enough to compete with the larg­ est firms, but is big enough to have large overhead costs. Some of these firms experienced growth as high as 5%. Firms with 100 to 200 law­ yers expanded 3.8% last year. Also, there was a rash of new law firm mergers, another healthy sign. This year, the University in­ creased its technology fee from $65 per semester to $125 per se­ mester. This fee increase is ex­ pected to generate $4.1 million during the 1996-97 fiscal year. The increase will help pro­ vide more state-of-the-art technol­ ogy equipped classrooms, more computer lab sites and more LAN sites. It will also provide technol­ ogy upgrades in the Student Union and increased technical support for departmental computing sites. Also, a two year plan for the installation of a common SUNYCard security access sys­ tem to all buildings on campus is planned. There will also be im­ provements to on and off campus access to computerized informa­ tion resources. "Increasingly across the country, dedicated fees for tech­ nology are becoming standard," said Voldemar Innus, senior asso­ ciate vice president for University Services. The technology fees at the four SUNY University Cen- . New anti-virus program ters is "roughly in the same PCTune Up is a new anti­ ballpark," he said. virus online subscription available Source: The Reporter. from Symantec, the company that makes Norton utilities. The pro­ gram can be downloaded from the company's web site (www.tuneup.com). Updates are available peiodically via e-mail for $3.95 per month. The program helps eliminate the fear that traditional software packages will not kill newly bred viruses. Tuneup.com offers soft­ ware upgrades via e-mail and an on-line hard-drive backup service. Natural gas to fuel UB Next month, UB will begin building a new compressed natu­ ral gas (CNG) refueling station. It will be located on the west side of the Helm service area off Service Center Road on the North Cam­ pus, and will tap into existing gas pipelines. The station is expected to begin operation later this fall. This project is a cooperative venture among UB, the Town of Amherst, Erie County, and Na­ tional Fuel Gas Corp. Planning for the refueling station began four years ago in order to meet the requirements of the Clean Air Act. By the year 2000, 80% of new vehicles purchased for state and federal fleets must be run on alter­ native fuels. CNG has a lower carbon con­ tent than gasoline or diesel fuel. Therefore, hydrocarbon and ni­ trous oxide emissions are signifi­ cantly reduced. Carbon monoxide emissions are virtually eliminated. CNG is also safer than gasoline because it has a higher ignition point and dissipates quickly, since it is lighter than air. Vehicles run on CNG also require less maintenance, such as less frequent oil changes. Also, CNG costs about 20% less than gasoline. However, this savings will be offset by the need to pur­ chase new CN G-powered vehicles and conversion of currently owned gasoline-powered vehicles. The refueling station, which will cost between $500,000 and $600,000, will also service Town of Amherst vehicles that run on CNG. The New York State En­ ergy Research and Development Agency has contributed $275,000 to the project. The Erie County Legislature has provided an addi­ tional $300,000 in funding for the project. Source: The Reporter 9 The Crow: City of Angels does little more than caw There'sno place like a homepage The Erie County Bar Asso­ On Monday, Reform Party ciation hasestablisheda homepage Presidential Candidate H. Ross on the World Wide Web. Perotfiled a federallawsuit seek­ The page is located at http:// ing a court order prohibiting presi­ www.eriebar.org. It was prepared dential debates from being con­ by Bar Association Stafferswork­ ducted without him. ing with the Publishing Company The suit claims that the bipar­ of North America, Inc., an Internet tisan Commission on Presidential presence provider. Debates violated its own rules by The homepage includes a prohibiting Perot from participat­ message from Bar Association ing in two presidential debates. President David R. Pfalzgraf, a Perot's running mate, Pat Choate, description of BarAssociation ser­ would also be barred from partici­ vices, and lists of Bar Association pation in the vice presidential de­ Staff. It also contains issues of the bate. Association's monthly publication, The Commission's rules re­ the Bulletin. quire that "objective standards" Also included are the Bar be used for making recommenda­ Association's calendar of events, tions about who will participate. Continuing Legal Education in­ Perot alleges that the Commission formation, Bar Association used a subjective standard in al­ committe descriptions, and much lowing only candidates with a "re­ more. alistic chance" of winning the elec­ For more information, con­ tion to participate in the debates. tact the Bar Association at 852Perot's attorneys hope for a 8687. hearing later this week. The first debate is scheduled for October 6, in Hartford, Connecticut. Law firms grow in '95 THE OPINION by Molly B. Kocialslci, Special to the Opinion Okay, I'll admit it. I loved the first Crow movie. Kickass soundtrackandagreatleadinBran­ don Leeandthe movie madea ton of money. I'm not sure whether thatwas becauseBrandonLee dies duringthe filming andAmericans have a very morbid side and just had to "pull over and watch"; just like on the highways. What the producers forgot the second time is that Brandon Lee is dead and there are no replacements. There neverwillbe. BrandonLeebrought a purity and singleness of purpose to his role in the 1" Crow. Vincent Perez did and can not. Thepremiseofthemoviewas great and much like the first, the plot was predictable. Guy and loved one get killed and guy comes back to wreak revenge on the peoplewhokilledhimandhisloved one. Crow guides guy to the kill­ ers. Not a tough concept. Some­ how, the concept worked okay but the actors and actresses did not. The Movie was very dark; much darker and drearier than the first. The little girl in the first is now a woman and unfortunately was a better actress as a little girl. The second movie had a sexual undercurrent that was en­ tirely inappropriate in light of the purity and single-mindedness of the first. Another big drawback to the movie is the sexual sadist that plays the villain. The first villain was sick but not as sick as the second dude. The second villain's gang is another gag factor. Iggy Pop plays one of the villains. Dur­ ing the whole movie he wears a vest with no shirt. My only thought through the whole movie was that Iggy really needed to be wearing a shirt. The guy looks worse than Keith Richards ( I know y'all think that is possible; if you saw the movie, you know what I'm talking about.). He is definitely the poster child for what survivors of hard core drug use will look like. And, yes, he is ugly. His arms and the tracks on them resemble a roadmap. Yeah, pretty disgusting. The final insult of the movie was the soundtrack. It's not some­ thing I'll run out to pick up and add to my CD collection. How to research on-line as a IL and not break any rules by Julie Meyer, Managing Editor Every first year in UB Law School has begun the infamous Research and Writing course. Though the first memo has not been assigned yet, the first years have probably already found out that they cannot use Lexis/Nexis or Westlaw until the second se­ mester. How does one conduct computer research then without those essential tools? Unfortunately, Lexis and Westlaw are simply the most di­ rect means of gaining legal infor­ mation via computer. Yet other ways still exist. For iodides of links on the Net that are law related, try http://www.yahoo.com/ G legal volumes, forms and periodi­ cals that can be examined and downloaded. The library also has "The Rubber Room," a collection of weird legal theories, court fil­ ings,jokes, anecodotes and bloop­ ers, and "The Bookstore," claimed to be the Net's most extensive collection of law related software. And all of this software can be downloaded for free! Finally, for those first years who need to find out names and phone numbers of faculty and staff members, UB's home page can be a great help. The addresses are: http ://wings. buffalo. edu/directo­ r ies/ ep hone or http:// www.acsu.buffalo.edu.cg-bin/ph. • • • • • • • • •·• • • • • • • : . : ?~~vs~ifaZ .. ... O V e r n m e n t / L a W / Legal_Research/ or http:// www.webcrawler.com/select/ govt.law.html. BothcanguidestudentstosuchlinksasWest'sLegal Directory, Martindale-Hubbell Legal Directory, Supreme Court Rulings,theU.S.Code,theAmerican Bar Association Net and the Global Legal Information Network : · • :· : ' • The Opinion : • prints these/or .: firee! Just dro'P off 'JJ a copy of what :, (GLI~~e :· of the most • : •·•Ads,l·' :• yguwantpub- • : • : ◄ • : : ~::::~=~:~v;n ~:: I:t::::.\:O::!~ : li~h'~~ id!A~f. ..?55, ! pfe--m,9ilyour·•···= 'Lectric Law Library, located at either http://192.41.4.29/ index.html or http:// www.lectlaw.com. Theadvantage of this site is the vast number of :: :=.· request.to: : • : : jvm11,rphy@aC,$U.: • btiffa.;,lo.edu .: .... . ........•. ~, �10 THE OPINION ADVERTISEMENT "My son, Daku, was driving a motorcycle when he was hit by a car and killed. In the hospital was the most difficult time of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone i~ making the d~cision to donate his organs and tissues. Every day o• DONATION I tell people, talk it over. Don't Shareyourlife.Shareyourdecision~ be afraid." For your free brochure Qrpan & Tzssue about organ and tissue donation, call 1-800-355-SHARE. Photo by GregoryHeisler "'II ~ Coalition on Donation September 26, 1996 �• September 26, 1996 ADVERTISEMENT THE OPINION 11 Speak ~our mind. Feel good about it! an Election Da1.1 J' Uote f •::.\f for 1.1aurcandh:late. Uate for LIDUr countr1..115 But mast of allDIH Unte q:,-..ourself. INTERNATIONAL ASSOCIATION OF CLERKS,RECORDERS, ELECTION OFFICIALS ANOTREASURERS. ... �12 THE OPINION ADVERTISEMENT FirstWeGet YouThrough LawSchool... ThenWeGet YouThrough The BarExam! GilbertLawSummaries Legalines Over4 MillionCopiesSold BAR/BRIBar Review ReliedOn By Over500,000Lawyers GROUP Our Only Mission Is Test Preparation Call Tol/.Free (800) 4 72-8899 or visit our web site at http://www.barbri.com September 26, 1996 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-09-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 2 26.09.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/26/1996 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fdffa377ca363a60b298f7495f54903f.pdf 930025071b2897632f36cc72b64664c6 PDF Text Text J I NEWS Tuition hike slaps students, See pages 1 and U. 1J I OP\ED Stolen Kiss Catastrophe! I J FEATURES I Children and concealed weapons, See page 8. Bringing the issues to thestudents since 1949 THE OPINION Volume 37, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Tuition takes a hike .. by Leonard Heyman, News Writer AGAIN.'! Tuition Up The decision by SUNY Cen- tral and the Board of Trustees to increase tuition at UB Law, while upsetting to both students and administration, is necessary according to Dean Barry Boyer. of curriculum that have been developed for the law school. These pieces include the smaller Research and Writing classes, the clinical programs, the new Perspectives course, upperdivision bridge courses, and the ability to replace key faculty mem- ' rather than channeled through Albany. Dr. Marlene Cook, Associate Dean forResources, explained that currently, all tuition for all the SUNY schools throughoutthe state go to Albany, where it's mixed with state money. Then, through a set of complicated formu- -1 a s which takeinto "The account a series Leone David Graphic jected sense that I've been trying to convey is that it's not a S. by happy thing to do, but Students Bar Association Gets New Members and Fresh Ideas by Rochelle Jackson, Layout Editor Envoking a well-known constitutionalright, students cast then votes for the class representatives. Voter turn-out however, was uncharacteristically poor. Studeiits elected classrepresentatives to serve as their liasions with SBA. Location of the locker, condition ofthe basement, lack ofunity due to sectional division, a faculty-mentorship program, and tfi£ poor condition of student lounges were some of the concerns raised specifically by IL's Students voted on September 26th and 27th outside the Law Library, And the results are in: 1L Class Directors: of fac- Kevin Clor Nil ole Graci Tonya Guzman Amy Martoche Maurice McNab Brenda L. Torres which cost of each to do [to keep the new curriculum]," Dean Boyer said, adding that it's not a question offunding add-ons, but a question of preserving large pieces bers who are lost due to attrition. According to the recommendation,theadditional revenue generated by the increase in tuition will be kept by the University, 2L Class Directors: Amy Dv Vail GregMattacola sped to the other schools, the money is Bahaati Pitt Theresa Wolniewicz Joseph Reynolds See Tuition hike, page 11 Nathan VanLoon 3L Class Directors: Alfredo Acevedo Michael Beckelman Jim Flanders Mercedes Lindao Julie Rosenberg SBA holds Ist meeting by S.A. Cole, Asst. News Editor Welcoming new members and voting onthis year's Barrister's Ball location began the Student Bar Association first meeting of the semester October 1,1996. The meeting was chaired by SBAPresident Prudence Fung. Roll call established the attendence of every representative for 1 and 2L's, with new member Jim Flanders the only representative present for third-year students. SBA President Prudence Fung, Vice President George Ham Boussi, Treasurer BariLevant, and Parliamentarian Pete Thompson facilitated the proceedings. After a volley of introductions, the first order of business was a report by the members of the Executive Board. Fung began her President's report withthe now-confirmed Law School tuition increase, instruct- ing representatives to inform concerned constitutents that the tuition hike will be effective next semester. Relating a discussion she had with Thompson, Levant, and Dean Carrell, Fung expressed her feeling that the increase "is a necessity" for raising the prestige of the school. Noting that the administration is working on an automatic adjustment offinancial aidto compensate for the increase, Fung acknowledged that the new tuition might not be awelcome announcement, but stressed its importance. The new curriculum, including the smaller classes for lL's in Research and Writing, has put stress on a system already working at a deficit. Corroborating Fung's conviction that the increase is a necessity, Executive Board members informed representatives that the additional money won't go into the "SUNY pool," but will be retained by the law school. The funds will gotoward increasedpay for professors, improved facilities, and expansion of student re•sources, such as the placement office. The second item Fung addressed was the opening of the Commencement Committee to all 3L's. She portrayed this move as a compromise between the com- October 9,1996 Your student representative is your voice Voice your concerns and suggestions to them. They can be contacted by leaving a message in their mail boxes or the SBA Office, Rm 507. The Opinion Moves Again! mittee as it stands and students who were perturbed by the exclu- sive nature ofthe body. Following this brief announcement, Vice President George Hamßoussi gave his report, entreating new members to help out Mike Beckelman on the Social Committee. He stressed that Beckelman stands alone on See SBA, page 10 itlit§. , Nuw Office JLaeated in O'Brian Hall, Basement Rra 7, ', i �THE OPINION October 9, 1996 2 HONORARY DEGREES GRANTED TO KNOXES Buffalo Chips A SUNY honorary doctorate in humane letters was presented to Northrup R. Knox, and a SUNY honorary doctorate in humane letters was awarded posthumously Buffalo: Metro or Receivorship? by Terrence McNamara, News Reporter Buffalo City Comptroller Joel Giambra has an idea that is getting next to no support from his fellow officeholders: save money in this community by regional- izing government responsibilities. In concept, it's fairly simple. Political reality says that the idea is going nowhere fast. The City has been hemorraging jobs andpopulation for over thirty years now, to the point where over thirty percent of the City's land is no longer on the tax rolls. Every gimmick in the book has been employed or considered over the years to keep the City afloat. For example: doubling up the use of garbage trucks to serve as snowplows to selling offthe water infrastructure and creating a Water Authority, consolidating the police department's precinct houses into larger Districts, creating singleofficer patrols, and charging nonprofits for their garbage collection for the first time. Unfortunately, the City's politicians refuse to accept reality: we have too few people paying taxes to maintain even minimal services for many more years. Last year, Mayor Masiello reached out to four of the major unions (fire, police, blue collar and white collar) for their imput on trying to save as many jobs as possible while balancing the books. With the exception of the white collar union, everyone told Masiello to take a flying... leap. There's opposition in all corners to consolidation with the suburbs: inner-city leaders have opposed it because of (probably justified) fears of layoffs of minorities currently employed by the City. Union leadership can't sell the current proposition, simply negotiating with the Mayor's office, to their members without fear of losing their presidential paychecks. Why would they even try to sell consolidation, which would almost assuredly require layoffs? Suburban leaders would have to convince their constituencies that the high taxes that they currently pay for their superior services would not be increased further to subsidize the City. What the unions refuse to acknowledge is that if the City goes belly-up, their contracts could be ripped up. If that happens, a fiscal oversight board from Albany wouldbe in charge. We're talking about a seriously compromised position for the unions. Forget anything in the way oftheir current perks, much less protecting their jobs. One ofthe unions actually went so far in alienating Masiello that they pledged $100,000 for any candidate that opposes him in the next election. If the unions think Masiello hasn't been kind to them, wait until they get a taste of state oversight, George Pataki-style. Common Councilor James Pitts recently put forth the idea of converting the old Memorial Auditorium into a power plant, providing the city with cheaper electricity than can be provided by Niagara Mohawk. There could be possibilities of supplying all city-owned property with cheaper power. Perhaps this could include public housing projects. I haven't seen any predictions yet about the annual dollar savings for the City yet. Granted, the idea is pretty fresh. Currently, it's beenhanded offfor a feasibility study due back in two months. If it'spractical, it's a good idea. But we'd bekidding ourselves if we think that this would be buying us anything more than time. Consolidation is the only thing that makes sense as a long-term political solution for an area experiencing such massive depopulation. This would be possible if we could get political leadership with enough backbone to admit this, and to act in the best interests ofall the people in the area, and not their own little to his brother, Seymour H. Knox, 111, at the University Convocation on October 2. The Convocation was held at the Center for the Arts. The Knoxes, known for bringing the Buffalo Sabres hockey team to town, have also be ardent supporters of ÜB. Seymour H. Knox, 111, was a member ofthe UB Arts Advisory Council. Northrup Knox is a member of the President's Board of Visitors, the University at Buffalo Foundation Board of Trustees, and served as a national chairof the University's Pathways to Greatness Campaign. He and his wife, Cetta, are members of the University Founders. Through the Seymour H. Knox Foundation, the Knoxes have supported arts education, higher and secondary education, human services, recreation, and wildlife preservation and protection services. The foundation has also supported special cultural and artistic events at ÜB. Vacco Gets Certiori The Supreme Court decided to grant certiori to Vacco. New York State Attorney General, et al. v. Quill. Timothy, et al,. 1996 U.S.Lexis 4536 on Tuesday, October 1, 1996. The outcome of this case will grapple with the legality of assisted suicide. fiefdoms. PIEPER FREE ETHICS MPRE REVIEW ANNOUNCING OUR LOCATIONS FOR THE OCTOBER M.P.R.E. REVIEW ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. ' : '^^-^ #W ? . ? ~ . Saturday, October 19, 1996 LIVE LECTURE Fashion Institute ofTechnology VIDEOTAPE LEGPW*^ - **' Buffalo Law School ||H 'Enter at 7th • Aye. and 27th Street Saturday, October 19, 1996 - Hall Room 210 VIDEOTAPE LECTURES Saturday, October 26,1996 Albany Law School 1 lolsira Law School Law School Room 17 Law School Room 238 VIIIEOTAPE LECTURE Jm 4w School . tiJM - Amphitheater Main Floor R « -- Sunday, October 27, 1996 - Vanderbilt Hall Room 110 ;J& Wa«t-«ns wdawnc or call I -800-635-6569 to reserve a Review Ikiitk optiUJning text mthat mteiKls will also receive a Free 240 page Te«t l>«le: Bfmlmm"'' |;-V Regular Applicali«m Deadline: ApplicalMm Deadline: M.1'.R.1-. Friday, November 8,1996 October 11. 19% (S4S.O«) October 30. 1996 ($9«.(K>) THE PICPER BAR REVIEW t »oo mmm-mmmm - , . >./ ", %** ,'r �FEATURES October 9, 1996 THE OPINION Dear Audrey... Special to the Opinion from Audrey Koscielniak, Assistant Dean for Career Development Dear Up the Creek: Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and private. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of questioning. They go to great lengths to train and condition their interviewers to conduct proper and effective interviews. They usually achieve their goal. However, there are a number ofinterviewers who fail, areoblivious to or ignore the legalities and proprieties of interviewing. They include those who: — made a mistake (know they asked a wrong question and regret it); -- do not hire often enough to know or invest in learning current standards; .-- do not know they have a problem (they've always asked these questions; no one has complained); are terrific lawyers; therefore assume they are terrific interviewers; see their questions as "friendly conversation" inexperienced interviewers who do not know what to ask; attorneys whodo not see themselves a prejudiced and believe that your response will not influence their hiring decision); - believe that if you precede an illegal question withthe phrase, "I know I shouldn't askthis but...," it becomes a legal question. - HANDUNGTHESITUATION General Strategies Some questions may not be illegal, but they can still be offensive. Both types of questions will requiring "handling" by candidates. Identifying where your interviewer falls in the above-listed categories may help you decide which response to take. — answer the question. Just because the question is illegal to ask does not mean it is illegal for you to answer. This may appear the easiest way out, but can also leave you disappointed with yourself. — answer the question, but also indicate (advise, remind) to the interviewer that it is an inappropriate question. Tact is the key here. — refuse to answer the question. This approach can put you out ofthe running. However, when done in a tactful, non-confrontational manner this can be an opportunity to shine. If you feel strongly about the question, betrue yourself and take this route. If the employer rejects you, it is not the place you want to work. to — get behind the questionand provide the information the employer really wants to know. For example, a questionabout the number and ages of your children is not so much a refusal to hire parents, as a concern about yourreliability. Assure the employer that there are no obstacles that would prevent you from meeting time commitments to the firm. know atpresent. I plan on a career and believe it will be successful with or without family." 2. (Asked of women) What are your marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a women? Suggested response: "There would be no problem. I have effectively worked with men and women while in school." Age Down to Earth been adequately trained,. What I need might be minor adaptations of the work station and a supervisor who hires me for what I can do rather than for what I cannot do." Religion 1. What is your religion? 2. Do you haveany religious beliefs that would prevent youfrom working certain days ofthe week? Suggested Responses: "My religious preference should have no relation to myjobperformance." "If working on evenings or weekends is actually a part of the job requirement, I wouldpreferto discuss that afterwe know whether or not I am the person you most wish to hire for the position." Race or Color 1. How old are you? 1. Are you of Suggested Response: "I wish evaluated on my skills, competence and experience. Myage is irrelevant." heritage/race? 2. Do you feel that your race/ color will be a problem in your performing the job? 2. What is your dateofbirth? Suggested Responses: "I do not feel I should be judged on the basis of race or color." "I've had extensive experience working with people with a variety of backgrounds. A person's race, whatever it may be should not interfere with the work environment." to be Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How wouldyoufeel about workingfor a person younger than you? 3 Everyone fearedthat53-yeari>W astronaut Shannon Lucid wouW suffer from brittlebones and atro- phied muscles when she returned to the Earth. Members of the res* me team assigned to meet her ai the landing practiced lifting a ftitnmy from the padded reclinei intheshuttle Atlantis onto a gurney in the "crew transporter" days ahead of time* When the shuttle landed, the rescue team rushed in, expecting to have to carry her to the gurnej as they had practiced. Much tp their Surprise though, Lucid was standing, waiting to greet them By doing so, she defied all the scientists' predictionsfor her apsis uponarrival. Lucidattributes heT great shape after 188 days irj space to almost 400 hours of stationary bicycling and tunning ona treadmill. Lucid managed to keep hei good humor through a constant supply of M&M's, email contact with her family and lots of books. She also immersed herself in scientificexperiments whichincluded how a candle burns in space, how prptein cry stals growand how several dozen quail embryos develop inside their eggshells. Lucid has herself become an experiment lasting every day foi the next two weeks and intermittentlyfor at least three years. Since she holds the Tecord for the most time, iti space of any American, male pr female, her body will be studied to determine how she reacted to her space travel. Generic Answer Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowledgeable and competent." ~ filea complaint with CDO. No matter whichresponse youtake, National Origin always inform CDO about the incident, at least verbally. To make In all oftheabove cases, ille1. Where were you born? it official, put it in writing. If gal questions potentially can reOf what country are you a 2. the details. nothing else, it keeps sult in an interviewer being sued citizen? offices knowappreciate Many law by a candidate. ing how theirinterviewers perform Suggested Responses: "Acbecause it reflects back on their WHAT'S ILLEGAL? organizations. Your feedback is tually, I am American to the core, and America consists of people vital. As described by H. Anthony from many national origins. Since Medley in his book SWEATY it has been my home for so long, I PALMS: THE NEGLECTED feel like a native." "I am proud Specific Strategies ART OF INTERVIEWING that my background is (available in the Law Library) illeMy heritage helps The following examples of gal questions are those which di- typical illegal questions and sugme to deal effectively withpeople rectly or indirectly "reveal inforgested responses is taken from a of various ethnic backgrounds." mation as to race, creed, color, handout provided at a meeting of national origin, sex, marital status, the National Association for Law disability, age or arrest record." Handicaps Placement. Copies of this and Mr. Medley then advises readers other handouts about illegal/inapthat an unhired candidate putting propriate questions are available 1. Do you have any handiin a discrimination claim must inßm. 610. cap? show that "[t]he question must 2. As a handicapped person, have been asked for the purpose of what help are you doing to need in or have the discriminating order to do your work? Sex effect of discriminating against you." Therefore, while not every Suggested Responses: "Any 1. (Asked jof women) Do illegal question is a valid lawsuit, disabilities I may possess would in every illegal and inappropriate you have plans to having children/ no way interfere with my ability to questions can have a chilling ef- family? perform all aspects of this posifect on the interview. Suggested Response: "I don't tion." "Actually, I don'tneed help doing my work because I have . The Career Development Office has informed me that I am not required to answer an illegal question and questions about Parents f^ Ptmid.,Join me are illegal. VB Law Creates Dean's Advisory Council UBLaw hasnamed29 alumni The Council will also serve and friends ofthe school as memas a bridge between thelaw school [jgrs of the newly established and other communities, such as Dean's Advisory Council. The the alumni association, local and Council will meet twice a year to state government, and various Bar assist the dean and faculty in der Asssociations. veloping policies and plans for the "The establishment of the school. It is Chaired by Gerald Council isa significant step in helpyppes, Esq., the 1995recipient of ing thelaw school deliverthe highthe Edwin F- Jaeckle Award. est degree of educational excelThe purpose of the Council lence. This commitment from such will be to provide guidance to the a prestigious group of individuals dean in matters such as curricudemonstrates their dedication to lum, development, alumni relathe school, as well as a concern for tions,governmentalrelations, pub* the future of our legal system," [ie service, and administration. Dean Barry Boyer said. THE PASSWORD: ... 1 500 Broi4wiy Stw York. NY 10036 20 Park Plan. Sullt 931 Bejton. MA 02116 - (212)719-0200(000)472-8899 (617)695-9955(800> 866- 2" �THE OPINION 4 , -- - ~ Volume 37, XT No. 3 EDITORIAL October 9, 1996 __.' _, ,__, October 9, 1996 Founded 1949 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor EDITORIAL: Stolen smooch's silliness A few weeks ago, a littlekid in North Carolina was punished for engaging in behavior that he perhaps should have reserved for the back of a Chevy. Being only six years old, however,little Jonathan Prevette didn't want to wait the ten years it would take him to get a license and go rev his engine on the local look-out hill. So, in school, he kissed a classmate on the cheek (let's be grateful it was a girl, or there'd be way to many issues in the media blitz for the American public to handle). Prevette said the girl solicited the kiss. A spokeswoman for the school said "A 6-year-old kissing another 6-year-old is inappropriate behavior. Unwelcome is unwelcome at any age." Great. We have one person saying the kiss was unwelcome, a perpetrator who has already learned the classic line, "Hey-she asked for it," and the silliest brouhaha in the news since they caned that brat in Singapore. But beyond how darn funny it all is, there are some serious aspects to the situation. One of the contradictions I have noticed when exploring the many mysteries of the American Left is the devotion lavished on "getting in touch with your feelings," coupled with an insane obsession with prohibiting any in-touch individual from sharing those feelings with the rest of society. While learning to hug your inner child, you better not hug anyone else (unless they sign a writtenrelease). While learning to emote, the laser beams of your emotions shouldn't be trained upon anyone who finds them "threatening." And the result? A cheery, tow-headed sixyear-old smooches a classmate and is suspended for a day. Okay. Yes, Jonathan Prevette, the pervert in question, is a white male. And, while I doubt he has spent a lot of time exploring his sexuality, the above-mentioned evidence leads to an assumption that he is heterosexual. So what does this say about the, ahem, "patriarchal nature" of our society? By God, we're training 'em young these days! But what the hell are we training them in? To be blunt: the actions of Prevette's elementary school are indisputable proof of how Dark Side the efforts of Liberal Jedi Knights, out to protect one and all from the scourge of harassment, really are. Applied with discretion, harassment policies in this country are a legitimate toolfor punishing miscreants. Applied with an enthusiasm that sends six-year-olds home with a Scarlet "H," they demean the real suffering of those humiliated as they are educated, employed, or sauntering past construction sites. Let's get a grip, people. Putting aside the fact that the word "ass" is the most emphatic syllable in the dreaded charge of "harassment," there's still a lot to poke fun of regarding the concept. This mockery becomes possible when the term is employed to ironic excess. Whether or not you "believed her," or thought "she" was full ofit, any serious evaluationofhow the sensitivity police of our country protect the innocent leaves you wondering. For instance, consider just how counter-patriarchal it is to "protect the innocent" from the common misunderstandings that arise from social intercourse. For my money, the similarity between an irate father taking his daughter's suitor out to the woodshed for a little chatregarding some hickies, and a school suspending said suitor, is a little too close for comfort. STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor: ' Tell us your opinion! If you havean opinion on%ything published in oirTnevspaper or on any current events topic that concerns t\m law school community, write The Opinion. Letters totbe editor are best when written as apart ofa dialogue ami must not be longer than two page* double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school c< immunity and must not be longer than All submissions sire due the Friday before we publish. Your submission must be typed, doubled -spaced, and suhmttted on paper and <»n a computer disk (IBMWordPerfect 5.1 format). The Opinion reserves the right to edit any and all submissions lor space as necessary and also for libtlous content, we will not publish any unsigned submissions. Send your submissions to The Opinion office ot place them in box 755 Editorial continued It's been a while, but when I was in first grade, if some little twerp triedto assault me with his lips, he got a Lego to the head (presuming I thought he was, in the vernacular, "icky"). Now, if I had exhausted the entire contents of a "Build Your Own Castle" play set, and he still wouldn't stop, it would have been time for the teacher to call in the kid's folks and have a serious conversation with them, the name "Ted Bundy" perhaps being mentioned several times. But the extent to which harassment policies are now used makes such discretion impossible. Have we lost our ability to call a spade a spade? The dangers of this phenomenon are twofold. One, they foster a dependence upon law when what is really required is a little assertiveness-training on thepart ofthe "victim." And two, they make it more difficult for those with legitimate grievances to be taken seriously. The Prevette case has made it quite likely that the next person faced with the choice of an employer's tongue down their mouth, or being fired, will end up ridiculed Deshika Botejue Kristin Greeley Jill Ann Baer Sami Manirath David Leone Rochelle Jackson Assistant Editor: News: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinion is a non-profit, independent, student-ownedand run publication funded by the SBA from student law Ices The Opinion, SUNYAI Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State UniversityofNew Yorkat Buffalo School ofLaw. Copyright 1996 hyTheOpinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited without the express consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday precedingpublication. Submissionsmay either be sent loThcOpinion at the abovenoted address, dropped o{(under The Opinion office door (room 7 O' Brian Hall), or placed in Box #755 on the third floorof O' Brian Hall. All copy must be typed,doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more than two pages double-spaced.Perspectives are generallyopinion articles concerning topics ofinterest to thelaw school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letterand Perspective we receive; wereserve theright to editany and all submissions forspace as necessaryand also forlibelous content. The Opinion will not publishunsigned submissions. We will return your disks toyour campus mailboxorto a private mailbox if a self-addressed stampedenvelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas. As a result, the views expressed in this newspaper are notnecessarily thoseof the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom of speech, or ofthe press;..." The First Amendment -- by their peers. By applying these laws to such ridiculous extent, enforcers only demean their cause. Which is a shame, for it is often a legitimate one. Hopefully, as our country grows more aware of the concept that harassment is a crime, we will be able to treat the issue with the respect it deserves. In doing this, we have to distinguish between regulating behavior or punishing criminals. Issues of larceny aside, is a stolenkiss a crime? Maybe. Sometimes. But in the Prevette case, it is not. And until we collectively learn the difference, the world is going to be a stunted place. Phi Alpha Delta initiates NYSAG Underneath the words "Veritas et Justia" in Federal Court Judge William Skretny's courtroom, Phi Alpha Delta Law Fraternity Internationalinitiated 25 law students and New YorkState Attorney General Dennis C. Vacco into its organization. Phi Alpha Delta International Board Member, Niagara County Assistant District Attorney Ronald Winter, administered the oath of initiation to Mr. Vacco. Judge Skretny presided over the ceremony. The Carlos C. Alden Chapter currently boasts more than sixty members. The fraternity is a full service legal organization that promotes integrity, compassion, courage, professional service, and international and community understanding. Phi Alpha Delta is an international fraternity, with chapters located throughout the world, providing a link for its members where ever they are. Phi Alpha Delta also hosted a Fraternity District Conference this past weekend. Upcoming Events include a food drive for the hungry and a PAD trial day. Look for fliers about these coming events. Corrections: In the September 26,1996 issue of The Opinion, the Missing Man's Bag Recovered article Incorrectly the U.B, Law student. name. The correct name is Joe Antonecchia, 1 �OP/ED October 9, 1996 THE OPINION 5 Follies and Fumbles Greg Mattacola Columnist LET THE GAMES BEGIN Gee, do I love this time of year. The leaves are changing and the air is getting crisp, turning our lovely Western New York into a delicate beauty who dances like....Whatever! Not only is it football season, but it's Playoff Time Baby in Baseball! College ball is heating up (our own U.B. Bulls have even hung out in the Win columnfor a while) and Hockey has started! As if it couldn't get any better, we just gotto see the first live Presidential debate as November draws near. The debate consisted of the normal rhetoric with President Clinton taking credit for everything from the new Arch Deluxe to peace in Bosnia. I wasn't aware there was peace in Bosnia, but that's what he told us and politicians never lie. Bob Dole, who I thought would try to shed his mean old man image which has been costing him points, did nothing ofthe sort! He led the debate in interruptions and two minutes after he referred to Clinton as the Ex-President, chastised him for not referring to George Bush as President in 1992! Sorry Grandpa, won't do it again. Can you do that teeth trick again for me? Both candidates tried to kiss up to thePerot voters in an attempt to grab some of their votes. This after they wouldn't even let him in the debate. Those big guys are always picking on us verticallychallenged. Two of the funniest things heard all night are when Bob Dole said about drug use, "Just don't do it." Whose writing your material Bob, Nancy Reagan or Nike? Then Bob plead to theAmerican people, "I'm not an extremist, I care about people." If you believe that one, I've gota "bridge to the future" to sell you. PUSSYCAT WOODS I love it when people do my job for me. It makes life so mucheasier. You see, I'd already planned on doing a piece about Tiger Woods andwhat Ithink about a twenty year old golferbeing paid 45 milliondollars in endorsements before he's even earned his tour card. What do I think about it? Taken by itself, I think it's pretty sad that we live in a country that endorses recreation so much that this guy is deemed more valuable than a scientist. Don't get me wrong, the kid is a good golfer who by the way just pulled out a clutch sudden death win (his first) against Davis Love 111inthe Las Vegas Invitational. But 45 million dollars? And ifwe are going to pay a golfer that much cash to sport a Title IX Puts Strain on Budget by Sarah Braen, tNews Reporter ments and do not find them to bea source of Title IX, a federallawrequiring gender concern. equity in varsity sports is having a profound "For everyone it's a big step up from effect on UB athletes and athletes at colwhere we've been and we are just happy to leges around the country twenty-three years get what we have - it's a privilege to play after its passage. here," said Kirsten Hanson, a soccer player, Title IX has been supported by stu- "Money, equipment or scholarships have dents and coaches, but it has put a strain on nothing to dowiththe way athletes perform. some athletic programs. The fear is that They're there because they want to play." funding might be cut for some ofthe smaller men's teams to support women'steams and larger men's teams. Under the terms ofTitle IX, "no person the U.S. shall, on the basis of sex be in excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid." The NCAA requires compliance with this law for competition. One dilemma encountered in compliance with this rule is the maintenance of men's Division I-AA football. There is no women's team that uses the skills of 85 New York State Assemblyman Sam players and gives out 63 scholarships. Irlqyt is hoping for help from law students. In order to balance this inequity, UB Hoy t is looking for interns tohelp him work plans to add three more women's programs an everything from constituent profal ems to within the next two or three years. These are working on legislation. softball, lacrosse, and crew. The timecommitment requested is 12Some schools, including ÜB, look to -15 hoursper week, and the internship would their football programs to bring in the revprovide credit for those students who start enue to fund the otherprograms. However, Working at the beginning of the semester. UB football is not bringing in the numbers This past summer, four law students to consider it a revenue-producing sport, worked for Hpyt. Recent 1996 graduate, though coaches are optimistic that this will feremy Toth, now works for Hoyt. change. An internship of this type boosts reIn spite of this problem, the athletic sumes and increases networking connecdepartment has had a very goodrecord on tions as well as providing invaluable expegender equity issues. Under the present rience. director, no programs for men or women Those students interested, please conhave been cut, and some increases have act Deborah Williams at 825-2795. Hoyt Hopes for Help been made. The athletes covered under Title IX have become accustomed to its require- swoosh, shouldn't that kind of money go to that can conveniently sellmillions ofsneakthe veteran likes of Fred Couples, Payne ers and tee shirts to kids who don't know Stewart and even Greg "The Choke" anything about the sport but just get swept Norman. These guys and many others have up in the hype and the commercials. Bepaid their dues and don't see those type of cause if you didknow something about golf, endorsement deals. you would have seen what happened recently at the Buick Open. All right, he'sanoverpaidrookie, what else is new in professional sports? This is This is where Mr. Woods makes my new. Woods is doingcommercials for Nike jobeasy. It seems that he dropped out ofthe which show him on a course with his voice tournament because he was....mentally exin the background saying, "There are still hausted. Not only did he drop out but he course in this country that I can't play beonly gave two days notice which is unheard cause of my color." To those that don't of in professional golf. Mentally exhausted. know, Mr. Woods is black. How do you like the image now Nike? Cal Ripken has never missed a baseball game. Yet, forgive me if I don't shed one tear Jim McMahon once played a game with a for him. How can a kid who got a full ride lacerated kidney. Ronnie Lott amputated to Stanford because ofgolfand who signed half a finger rather than miss a game. Mena contract for 45 million before he'd even tally exhausted. Tellyou what Mr. Woods, earned his tour card complain about this before you and Nike pretend to be this country? bastion of civil rights; before you and Nike preach to the world like you were the late, This guyshould be singing the praises great Dr. King: go strap on a set and worry ofthe good old USA at the top of his lungs. about what you're being paid for - golf. Go Nikespokespersons cited as areason for the learn from the veterans who never once huge contract that "Tiger Woods represents dropped out because they were mentally what we think is the Nike image." Yeah, I exhausted. Tiger. Kitten is more like it. think we've seen this image before. The image ofthe rags to riches athlete WBASNY Holds Annual Dinner UB Alumna Receives Award several community organizations, including the Chamber of Commerce Council of September 27, the Western Small Business and the YWCA of Western ; Chapter of the Women's Bar New York, to whichshehasjust been elected n ofthe State of New York held Directors. its annual installation ofofficers and direcIn her acceptance speech, Evank lors dinner at the University Inn on North spoke of the unique challenges that hay Forest Road. The Chapter also awarded its faced worfteii in thelegal profession through 19% Achievement Award to AnnE. Evanko. out history,from the struggle to gainadmis sjon to law schools to the more modern Esq. during the ceremony. Erie County Court Judge Shtila A. De concern of juggling a family and a career. Tullio conducted the installation of new "There will always be challenges, but officers Lisa J. Nenni. Esq., presented the it is my hope that one day we will have a Achievement Award to Evanko. unified bar," Evanko said. The Achievement Award "honors The Chapter's new officers for 1996women from Western New York for their -1997include,president Shari JoReich, Esq.. outstanding achievements in advancing the atstatus of women torneys and non-attoraeys alike —. in our legal community and be« yond." ■; ■Evanko, this year's recipient;, is currently i partner in the firm of Huiwitzand Fine, PC. Her practice concentrates on business law, (with an emphasis on employment and com- Reich is a 1986 graduate of UB Law. She has previously served as a Western New Evinko was the first woman to be York delegate to the New York State admitted to membership of Hurwitz and Women's Bar Association and Co-Chair ol fine, and is the only female to be appointed the Legislative Committee. to the firm's management committee. Reich is a solo practitioner Outside of practice, Evanko is a memopened her ownlaw office in 1990,and ber of the New York State Bar Association in 1994, along with Thomas J. Eonannou, and the Erie County Bar Association. She purchased the Cornell Mansion in Allenserves on the Executive Committee of the town, where she now operates her practice. New York State Bar Association's Business In her post-installationremarks, Reich Law Section. I Evanko has also been involved with hv Kristin Greeley, News Editor Kiday, . -- : SCurently, �___ FEATURES THE OPINION 6 UI ■ initiates i (nE) )| i --i mini , » 1 ■ , /# ivClllllb VdUL-iJ i^ October 9, 1996 Wj H |ncy J ... i ■ s'■ *■ I ■■to - Bi^^^^^l )j ... I!■ �October 9, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION 7 m lyf HI Iμ % .JmL:S..&.. Bk Awl. DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Nicholas Esposito, killed Oct. 13, 1989 at 8:25 pm. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? ran UXIKI U.S. Department of Transportation �FEATURES THE OPINION 8 ...WITH EXTRA BUTTER By Kristin Allen and Scott Frcyek, Features Writers October 9, 19' COURT WATCH Junk Justice or Junk Journalism by STEVENBACHMANN DIETZ, Senior Editor HERS If you like E.R., you definitely enjoy the new will Grant movie, Extreme Hugh Measures. Hugh Grant portrays a doctor gone detective whenhe encountersa homeless man with a medically unexplainable disease. As the plot unfolds, Grant's character discovers an unethical research company whichexperiments on more than just animals. The movie keeps your attention, but thereis no need to scoot back from the edge of your seat. My advice, don't eat alot of popcorn while watching this movie. Not only is it quite bloody, but its extreme shift from fast to slow pace is likely to make anyone nauseous. You'll feel like asprinter trapped in the body of a long distance runner. For all those Sarah JesParker sica fans (yeah both of you), you'll be happy to know that she makes a token appearance. Her presence is so incrediblethat by the end of the movie you're not quite sure if her name isJodyorJudy. Come on, ofthe millions of female names out there the writer chooses Jody AND Judy as the names of the only two leading female characters. When you leave the movie, you not only walk away with an upset stomach but three important life long lessons. First, never get stuck in an elevator with a family orientated FBI agent. Second, STAY IN LAW SCHOOL. Judging from Hugh Grants apartment and mode oftransportation, doctors are poor. Third, even good hair can't save a movie. HIS Quick, whowould you expect to play the leading man in a movie filled with blood, motorcycles, and psychopaths. Sly? No. Arnold? No way. Why its none other than pretty boy Hugh Grant. In Extreme Measures, Grant trades in his tea and crumpets for a 2 cylinder Nighthawk and a scalpel. As Dr. Guy Luftin, Grant stumbles onto a research group that splices the spinal cords of degenerates in the hopes of finding a cure for paralysis. Across many bloody scenes, Luftin is determined to find out why all his patients are dying in freakish manners. His search takes him down to a Warhol-esque underground called "the room". With the help of his trusty "mole man", Dr. Guy discovers a sanitized death camp run by the evil Dr. Myrick(portrayed with perfection by Gene Hackman). Although themovie is nearly ruined by casting that patsy Hugh Grant as the doctor, it is wonderfully saved by the acting prowess of Hackman. Grant is often clumsy, aloof, and a little too eager for my tastes. Just the kind of thing you want in a family physician. Its hard to believe that a doctor from England can score a fellowship on a temporary visa. Hackman, on theother hand, was subtle and sinister at the same time. The character of Dr. Myrick sneaks his way into your heart, only to turn around and shock your conscience. The movie as a whole was fast paced, nervy, and thought provoking. To all you dudes out there, definitely take your girlfriend out to see this one. Just be sure to cover her eyes now and then. Don't forget: The MPRE Registration Deadline is Saturday, October 12, By far, the most vilified New YorkAppellate Court decision this year wasIn Re JuanC. v. Cortinez. No. 58036,1996 WL 533934 (Ist Dept 1996). For the first time a court has held that evidence in a school suspension hearing is subject to the exclusionary rule. On December 8, 1992, Luis Mujica, a school security aide noticed something unusual about a hearing(preponderance ofthe evidence) to the student's burden of proof at the suspension hearing (none). Since the disparity in the respective burdens favored the student, the decision at the suppression hearing had a res judicata effect on the suspension hearing. The court then went to the question oftheapplicability ofthe exclusionary rule. The court releather jacketthestudent was wearstated therationale of the doctrine, ing. The jacket was partly open that of removing the incentive to and something heavy was pulling disregard Fourth Amendment down theleft side ofthe jacket. He rights. It then applied the balanclater testified that he saw someing test of In Re Boyd v. that lookedlike a handle of a Constantine. 81 N.Y.2d 189,which thing to He gun. attempted grab the weighs the deterrent effect of the student by the arm, but the student exclusion of the evidence against got away. He chased the student the benefits of using the it in the and grabbed the suspicious bulge, truth finding process. The deteryelling "code red" into his walkie rent effect ofwithholding the evitalkie. He then opened the dence was compelling (since the student's jacket and another aide same party that conducted the illeconfiscated the gun. gal search was offering the eviThe student was arrested and dence is the hearing) and the bencharged with four counts of crimiefits to be derivedfrom the use of nal possession of a weapon. At a the evidence(the student'sremoval FamilyCourt suppression hearing, from school) was no greater than the student gave a demonstration that of a typical criminal proceedas to how he carried the gun in the ing. Therefore, the evidence ofthe jacket. gun had to be suppressed at the The court found that the outsuspension hearing and all record line of the gun was not visible and of the student's suspension was that the bulge in the jacket was so ordered expunged. formless as to be not remotely susWithin days a mountain of picious. The court suppressed the balderdash regarding this ruling gun and dismissed the juvenile was scribed by self-appointed ledelinquency petition. Thisdecison gal experts. "[T]he decision was never appealed. seemed to say that the student had One month later there was a a legal right to carry a loaded, school suspension hearing. The hidden gun among his fellows unhearing officer, applying a differ- less he had been found out by ent standard ofproof applicable to means other than eyesight and insuch hearings, found that Mujica tuition." thundered Perry Morgan had reasonable suspicion to beof the Norfolk, Va. Virginian-Pilieve that the student was armed. iot. The Superintendent ofBronx High "Thelesson kids in thatBronx Schools approved thefindings and school... is bring anything you suspended the student for a year. want to school, drugs, guns whatBoth the New York City Board of ever. Just make sure that there Education Chancellor and the full aren't any "suspicious" bulges board affirmed the suspension. and that you know your rights." The student thenappealed the fulminated Jeff Dickerson of the decision to the state Supreme Atlanta Journal and Constitution. Court, arguing that the suspension "What the judges seem to be was based upon illegally obtained telling kids, in effect, is, 'If you're evidence. The trial court held that going to be carrying a loaded that the exclusionary rule did apweapon into school, make sure you ply to student disciplinary hearconceal it, because then, even if ings. The court held, nevertheless, they're wise to you, they can't do that a lower burden of proof apanything about it." growledCharles plied to a school suspension hearOsgood of CBS radio. The Juan C. court, of course, ing and therefore, the Family Court's exclusion of the gun was were not "telling" students anynot binding upon the hearing of- thing, but instructing schools ficer on grounds ofres judicata. within the jurisdiction of theFirst The Appellate Division reDepartment that (1) the findings versed. The court pointed out that offact at a Family Court suppresthe trial court erred in comparing sion hearing is binding upon the the defendant's burden of proof at boardof education in a suspension the suppression hearing to the hearing, 2) if they conduct an school board's burden of proof at unreasonable search of a student the suspension hearing. The proper they will not be able to use the comparison was the student's burfruits of that search in a school den of proof at the suppression suspension hearing. ... - There were also many editorials calling for a "return to common sense" in judicial rulings. Whileit ishard to distinguish "common sense" from naked subjectivity, the critics of this ruling here may be onto something. While the Juan C ruling is impeccably reasoned, the problem is thatthe court applied a test to the facts of the case without seeming to ask whether the test was the appropriate one to apply to the facts. In other words, the court, in deciding this case, failed to ask, never mind answer, questions relevent to the applicability of the exclusionary rule to the school disciplinary setting. For example, the reason the Supreme Court has used to justify the exclusionary rule in the context of criminal cases is that there are no other effective deterrents to police misconduct. Civil actions alleging violations of civil rights under U.S.C. § 1983 take years to resolve, and are difficult to win. Police departments are often unreceptive and unresponsive to civilian complaints. The court here never paused to ask whether the schools could deter misconduct by security aides by any means other than the exclusionary rule. The court also did not adequately discuss the issue that the Supreme Court dealt with in New Jersey v. T.L.0.. 469 U.S. 325 (1985): to what degreeisan unreasonable search in a law enforcement context differs from an unreasonable search in the context of a school. Indeed, the Court of Appeals in Matter of Gregory M. 82N.Y.2d588 notedwithapproval the Supreme Court's disavowal of the proposition that individualised suspicion was the essential element ofevery school search. The Court of Appeals noted that when privacy interests are minimal and outweighed by the governmental interests in jeopardy, then a less rigorous standard ofsuspicion may be enforced. THE PASSWORD: 1«K> tr**»i> 10 Park Pl>u. MM VI Imlon HA Oil I* V* lofk > IOOJi (111)-t« 8100 (»00)4-MI«M lil'lMt -I" �October 9, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION : .■:■:■:■:■:■:•:•:-:-:> x-:: .L BBHRSyyxxHHsB '•■•""••'*•••! - .'.\",■.-------.'.'.- -r ■■■.--*' moooopQ^fcy- '. j- s's ■* '.w.w.v. .■.■.■.■.'.".'. : ':':-" a " asSSc .. S3 s§vv?k3svBk3vK!v§Sh 'v,' [■."I'X'vX' r /.■.■.■.'l '" ','.'.'.'.'. T ., ' .- . , r j jJj Jj-'.-^-\". l 'r'-'. .'.'p'.'. i '.' ..,•,'.•-'-'-'-'-',*--VvJHHßfnnnn \'.'.'.'. '. '. '. ~.'. ',','.-.", » .r r nft HninfntftitinniHßfi' Bb fl ■ ■ 9 ' |k -"?RvCveV""*v3w«rSX "vSSwtfy'vSjvvVvffiKv , ' rtSv ■' • V B Wμ Talking with a friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to otier her your help. At least one out of every tfBM SSc! three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury ot time. ' "~~ for Domestic Violence. . , I" I— J/ I I m I If iI lr \j _ I* T/* 1/1 f\ I d~* i) v lil I I 111 I Prevention Fund �10 October 9, 1996 THE OPINION SBA story continued MOTHER THERESA NAMED HONORARY U.S. CITIZEN the issue. Hamßoussi also announced two openings on the Appointments Committee, requiring the services of a 1L and 2L representative. The function of the Appointments committee is to review student applications for membership in the various student/faculty groups who evaluate various areas of the law school. The Treasurer's report by Levant declared a new policy requiring all student organizations to pay their own photocopying and phone bills. $4,000 of outstanding encumbrances in this year's budget were the product of these expenses. SBA will now pay for phone service (at $22 per phone), while group budgets will cover usage. Parliamentarian Pete Thompson discussed the revision of the SBA cavitation and bylaws. Discrepencies between dates in the constitution, and the new calendar of the school, require that the document be updated. Thompson then commented on the role ofthe SBA as the governing body of the school. "Basically, we are the representatives of the student body, and of the Law School. We take it very seriously." He hopes the coming year will see the SBA acting as a professional body, using itsposition for the benefit of the school. After the report of the Executive Committee, the representatives began their reports, bringing the complaints and observations of their constituents to the attention ofthe Association. 3L representative Jim Flanders began his report by relating the demands of one concerned student: standardize the grades, award rankings, and determine GPAV-OT get the 3L's to unilaterally refuse any contributions to the alumni fund. This precipitated a general discussion of UB Law's unconventional grading techniques, as members weighed the strengths and weaknesses of the system. 2L Theresa Wolniewicz noted that many students are attracted to UB Law because of its unconventional grading system. "They come here knowing that the school doesn't buy into all the competition and ranking that goes on in other schools." Flanders responded that many graduates find themselves at a disadvantage when seeking employment. Amidst the discussion of how viable the system is when itcomes to finding employment, 2LNathan VanLoon suggested that introducing class ranking might not be a decision to be considered by the SBA, but rather by a referendum vote of each class. Continuing with the 2L report, VanLoon then informed the SBA of grant money available for publications and programming through Sub-Board I. The 1L report initiated a discussion of the law school student lounge, as 1L representative Tanya Guzman suggested SBA get the microwave fixed. Vice President Hamßoussi agreed, saying he would call the vending company to ask "It's really nice that you sell hamburgers, but how do you expect us to heat 'em up?" A Facilities Committee will be formed to address issues of the appearance and non-exclusivity ofthe lounge, which Treasurer Levant later said was one of the major priorities on this year's agenda. The SBA will consider how to possibly limit the use of the lounge to law students, improve its appearance, and encourage students to congregate there. 1L Maurice McNab then suggested that the SBA arrange for the name of the school to appear outside the M Join the Opinion! J building. This began a discussion of the soon-to-be-formed Facilities Committee. The meeting concluded with two votes. The first dispersed $500 from a $2,000 budget for the Barrister's Ball, locking in theStatler Hotel as the site ofthe event. The second vote granted $200 to the Sports and Entertainment Law Society, which had missed the funding proceedings of last semester and was thus without a budget. A minor debate ocurred before the unaminous voteto allow the deposit to the Statler. 2L Wolniewicz mentioned the concerns of several students from last year's Ball, when the open bar led some to wonder how prudently their activity fees were being utilized. "We've denied funding to other groups when they applied for money to purchase alchohol," Wolniewicz said. The vote was taken when the group agreed that the vote would establish that the Ball would be held at the Statler, with issues regarding the event's character to be considered later. revealed Subsequent conversation with that the SBA's $2,000 for the Ball wouid not be attributed to the baT, with funding from elsewhere covering that expense. This revelation nullified the ethical concerns complicating the SBA's partial sponsorship of the event. The meetings, which lasted two hours, adjourned at 9:30 pm. Theregular time forthe SBA's open meetings has yet to be determined. I ■ I I I The CommencementCommittee for | the graduating class of 1997 is: I I Stacy Davis Melissa Hancock Georgette Hasiotis Molly Kocialski Michael Kotin | Scott Lovelock Jessica Murphy Leslie Platt Kimberly Schwinge Joanna Silver I Lynn Wolfgang I THE PASSWORD: 20 Park Plaza. Sultr 931 1500 (roadway Boston. MA 02116 York. N.Y. 10036 <617)69V99« <M0) 866-72" (212) 719-0200 (800) 42-8899 I OnTuesday, October 1, President Clinton signeda congressional resolution making Mother Theresa an honorary United States citizen. The 86-year-old Roman Catholic nun founded the Missionaries of Charity in 1950. She currently operates 517 Missionaries of Charity centers around the world. In signing the resolution, President Clinton said of Mother Theresa, "She has brought hopeand love into the lives ofmillions oforphaned and abandoned childrenthe world over...She has nursed the sick, cared for the poor, andshowed us the concrete actions how wecan makereal our dreams for a just and good society." Mother Theresareturned to work a few weeks ago after a two-week hospitalization for malaria, a chest infection, and cardiac problems. Only four others have ever been awarded honorary U.S citizenship. GRAND JURY INDICTS UNABOMBER SUSPECT On Tuesday, October 1, a federal grand jury m Newark, New Jersey, indicted Theodore J. Kaczynski in the IW4 mail bomb slaying ofan advertising executive Kaczynski has been charged in all three deaths attributed to the Unabomber in addition to eight trombings in six states that injured twenty-three people over 18 years. Two of the cases against Kaczyaski could carry the death penalty. Kaczynski was arrested by federal agents on April 3,1996, in Montana. He is also charged in California with four bombings that killed a computer store owner and a timber industry lobbyist, and maimed two professors. GREAT SKATES Last Wednesday, Campbell's soup unveiledits new Chunky Soup label which features hockey superstar Wayne Gretzky. Gretzky is thefirst person to appear on a Campbell's label. The label depicts Gretzky in uniform carrying a hockey stick, along with his signature and his number, 99. The label wiU be on fifty million cans of twenty different Chunky Soup varieties. Kevin Lowery, a Campbell's spokesman, says th? company does not plan to feature anyone else on its labels in the near future. "We don't like people playing with the label," he said. This is the second alteration to the Campbell's labels in two years. | 1500 PARTICIPATE IN YALEM RUN I On Sunday, September 29, 1,559 runners, joggers, and walkers participated in the seventh annual Linda Yalem Memorial Run. The 3.1-mile event took place on North Campus. Yalera was murdered while running near North Campus in preparation for the New York City Marathon. This year's winners were Rebecca Heuer, with a time of 17:42 and Jim Dunlop, with a time of 14:56. Huerer's time was three seconds faster than last year's top time for women. 2L Bridget Niland came in first place for UB faculty with a time of 19:36. Awards were given to the first place male and female finishers, the top threemale and female students, the top three male and female students who live in the residence hails, andthe top three maleand female faculty members. Prizeswere also given out, including a trip for two to the New York City Marathon. The money raised by the event will go towards an academic scholarship in Yalem' s nameand will be given to a student who demonstrates academic excellence. New POT LUCK Some experts say that chocolate and marijuana have something in common. Marijuana and chocolate both inhibit the natural breakdown of anandamide, which increasesthe amount of this chemical in thebrain. But, don't get your hopes up. A 130 pound person would have to inject the equivalent of 25 pounds of chocolate in order to get the high produced by marijuana. Talk about the munchies. �THE OPINION October 9, 1996 11 Tuition hike confirmed able for the improved curriculum. However, the increases in income from the improved ratios have been largely off-set by across-the-board cutbacks in school funding by the state, which reflect shifts in priorities in the state budget. Vice Dean for Academic Affairs Nils Olsen noted that, even when the tuition increased from $5,000 in the 94/ 95 school year to $6,100 in the 95/96 school year, theactual budget for the law school shrank. None of this matters much to students with tight budgets and looming loans. To some students, especially non-resident students who already pay 76% more than residents, it is difficult to make ends meet onthe maximum loan amount the federal government will back of $18,500. To students who do not qualify for additional commercial loans or TAP, the prospect of a $1,250 increase intuition is tions regarding the direction their law school is going. UB Law has a proud history of serving the public interest: The 1996-97 Catalog boasts at least double the national figures in community services, legal aid, and other nonprofit organizations. The May 22, 1995 issue of The National Law Journal reported that various studies have found some correlation between high debt levels and students' reluctance to work in government, legal services or small firms. The average starting salary of graduates of UB Dean Boyer professes not to have a crystal ball, but is pessimistic about the future of state-support of SUNY. "Looking at the whole situation in N.Y. ... it probably is going to be true that the whole SUNY system is going to come under pressure to raise tuition because ofthe cutbacks in federal funding, for example, in Medicare and Medicaid." These questions are of concern to Dean Boyer, who hopes to mitigate the effect of increased tuition by Law is only $36,949. Also pertinent is the widest-ever increasing private-sector fund-raising for more scholarsalary gap between public and private employees. In 1995, ships and other tuition assistance. Dean Boyer believes its firms paidup to $ 115,000, whilepublic interestand governnot a hard sell to ask for money for deserving students who ment usually paid no more than$40,000. However,accordcannot afford tuitionand want to work in the public interest. ing to statistics released by The Access Group, one of the Thereare many among UB Law alumni whomight wantto largest providers of private loans to law students, the give money to worthy students, he says. These private median private debt of law students graduating from UB sources of money will not only permit needy students to pay Law in 1993 was $5,275, which compares favorably to the for law school, but reduce their debt when they graduate. a grim one. Dean Boyer said that the Financial Aid Office will re- national average of $12,810. With the increased student calculate student budgets to maximize state aid and federal assistance available in the form of scholarships, tuition loan eligibility. However, when asked if it's possible that waivers, etc., this increase alone will probably not hurt the the tuition could go into effect without commensurate school significantly with regard to graduates going into student-aid increases, he said, "it's students who have public interest jobs. In the 1996 edition of The Princeton Review, UBLaw legitimate need will be eligiblefor tuition waivers andother is described as having a "solid academic reputation and [a] assistance provided by the law school, and should contact bargain-basement tuition." According to Vice Dean for Kirn DeWaal in Admissions and Records." 1) How concerned arc you on a scale, of 1-10 (1 Many students, however, shrug off of the tuition Administration Alan S. Carrel, "When the proposed tuition being whatever and 10 being obsessed) about increase as inevitable, considering the fact that UB Law is increase is balanced against the improvements made in the the proposed tuition inthe least expensive law school in the state. Tuitions at curriculum and the benefits those improvements provide crease ? private schools in New York range from $17,350 per year for life after law school, the school is as good, if not a better 2) What concerns you the most? Please at Touro College to $23,178 per year at Columbia. CUNY's value than ever before." rate on a scale of 1-5 (1 low, 5 high) If the tuition increase goes into effect, it would repreSchool of Law, the only other publicly-supported law Your current quality oflife school in the state, had a tuition for the 95-96 school year sent an increase ofover 130% since 1990 while theaverage of $6,450. Other students are not concerned about another law school tuition has increased by the same percentage Paying debts offafter school Further tuition increases $1,250 a year in light of the huge debts they already owe. since 1986 (The Princeton Review). Therefore, it would Ability to obtain financial aid The relative cost of UBLaw may belargely a matter of appear that UB Law is out pacing the costs of other law High debtload limiting job choices misconception. According to the March 11, 1996 issue of schools, and will eventually no longer be the bargain it is The NationalLaw Journal, while average law school tuition now, assuming the trend continues. Vice Dean Olsen sees no trend in the recent increase, has increased in the last 20 years from $2,525 to $16,441, 3) Do you think this tuition increase is necessary? a 551% increase. The average tuition at public schools, like but says that the tuition increase is needed to offset cuts in state to new curriculum, not for increases funding keep the UB Law, increased from $700 to $4,795, a 585% increase. (For comparison, the consumer price index has risen 180% in professor's salaries or expenditures in other areas which Please drop off your filled out form into box 755. in the last 20 years.) Therefore, at $6,100, UB Law is may have been abused by private institutions. Vice Dean Provided response is good, we'll publish the results Carrel agrees, saying, "Although the increase is necessary already above average in cost for public law schools. next week! The tuition increase, while not seriously affecting at this time to maintain the quality of the program, another increase should not be necessary for at least a few years." many students, nevertheless raises many important ques- What do you think? Th c Docket Lee National Denim Day Helping find a cure Public Interest Law Week During the week of October 7th and 14th the Career Development Office will be sponsoring several programs to make students aware of the variety of career possibilities in public interest law. All students are encouraged to attend. Monday, October 7th at 4:45 pm~Panel Discussion in Rm. 210. The Present and Future of Public On Friday, October 25, women and men Interest Law. across the country who have donated $5 for breast Tuesday, October Bth at 12:30 pm--Brown Bag wear denim to work. And Presentation in Lounge Ist Fl: Law students will discuss cancer research will their summer legal experience working in the public interhelp fight the disease that takes a woman's life est. every twelve minutes. To show your support, just Wednesday, October 9th at 12:30pm-Brown Bag wear denim to the office that day. If you want to Presentation in Lounge Ist Fl: More student presentahelp through a contribution, please contact the tions. At 4:45 pm -Career Strategies in Rm 210: Law Susan G. Komen foundation. Our goal is to raise School Instructor will present strategies for developing a $ 1 million to help find a cure. Which would make public interest law career. Moaday, October 14th at 549 pn-Graat Writing this denim day the most memorable of all. ia Rn 7C6: Tony Fischer will give a presentation on grant For more information you may contact the writing. Susan G Komen Breast Cancer Foundation at 1Tuesday, October 15th at 12J* pm-- Brown Bag -800 I'M AWARE or the Lee Company at Presentation in Rm 545: More student presentations. Wednciday, October Mth at 4: 45 pm~Cart*rs in www.denimday.com/ddonthelnternetorbyphone Public Inter** Lmw m Rm. 545: A panel discussion with at 1-800-688-8508. local public interest attorneys. Thursday, October 17th at 12:MpmSkarting at AMHHtxcevourertmot-eetmrttmdtvtnu, Drooo NAPIL m Rm 212: If you're planning on attending the tor in*** 755. or get some inside tips on how to "work NAPIL conference, «* Ac ,. the tables. If you have any questions, please stop by the Career Development Office. . GAY JEANS DAY October 9th is gay jeans day. Wearjeans ifyou're STRAIGHT, GAY, LESBIAN, or BISEXUAL and show your support! For more information, you may contact LGBA at http:// wings.buffalo.edu/sa/lgba �KHHii-tjij^JinTfHHHll ly.lift"S*illnrfr *"3SS9SflfiSflßfll "«*,w« s i■ i I rO'l' j*. , l "'slip"* J: ?,*! ;;,V.lir>«» V'.'j?. lot' 8 0 ' 1 x* f TJ [ VA\ ' Yobb ;'"i jSr TSfc jbf » <Hb M Mf rTBTI M\r ~ s& I — ■ 1I H fl| 1 qB oft •* hbL ttjjty IM6y Mt Ob 94BbB Bill SI a vA jdjk I I 1 ill * ■ W3§§ ■H* t<-'Q3jfOf*t I %*"* t.JIT "''fflSv"' JJ ''icflstCvSlX 1 ; ■Silß 111I .■.■.■.■.■.■.-.■.■.■.■.■.■.■.■.■,■.■,■.■,■.■..■.■. 1~7 "Jes # ■ .■.-. m J Our Only Mission Is Test Preparation Call Toll Free (800)472-8899 or visit our web site at http://www.barbri.com . ■ ""■ -, 11(11 BBBW I G R O UP I jj THE fIW bbßbw. .■ ■■. ■. .■ J?ssay BAR/BRI Bar Review Relied On By Over 500,000 Lawyers _ Mm H Over 4 Million Copies Sold '■: i bbBI s tTiSi '■*"w L.Qitd\titpr tufftajf fl i llv JLPCII XjAdlile _ < M£t Mi %m&r MMm ■ UvllUUli B& h Vfik w Wk "" vOCf '"'"i 188 JL f* fj,-» Mbbl ■ aY m JL/Clf¥ y fv.-.-> ' *"%vBSSC' I ft 111 jo 9 sB ffQft '*hn *Ok {SfiL iBl JMfc jB m I V-O'J "p/1 / J ■jpt. mQv MBoUoP i^Q'^^^K >*.'. LC'J''"."01 I ■** ADVERTISEMENT THE OPINION 12 [hWffbn v,£W *** BA � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 3 09.10.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1996 Bibliographic Citation A bibliographic reference for the resource. 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Bringing the issues to the students since 1949 THEOPINION Volume 37, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 30, 1996 Finley a stalwart Pro-Choice defender Scalia especially tough on Pro-Choice Advocate by Kristin Greeley, News Editor people could not begin assembling outside the Court before midnight, but at 10:3,0, there was already a small group assembling, so they decided to forego dinner and begin their camp-out early. When they arrived, Molak and McKenna were twenty-first and twentysecond in line. Security guards told them that people camp out on the steps the night before an argument only once or twice a UB Law Professor Lucinda M. Finley represented the Pro-Choice Network of western New York before the Supreme Court ofthe United States in the case of Schenck v. Pro-Choice Network of Western New York. Arguments were held on Wednesday, October 16. 2Ls Cecily Molakand Rita McKenna travelledto Washington D.C. to hear the arguments. They were two of only thirtyseven spectators from the general public to watch the arguments. The two left Buffalo at around 3:30 Tuesday afternoon and arrived in Washington at 10:15 p.m. Molak and McKenna were told that StaffReporter Education is a journey, and listenis ing the passport. The University at BuffaloLaw School's Public InterestLaw week began with a lecture entitled "Public Interest Law: Present and Future". The panel discussionand Public Interest Law See Finley, page 10. SBA meets sans quorum term. Many of those already assembled were supporters of Schenck's attorney, J. Allen Sekulow, and students at Regent Law School in Virginia Beach. Sekulow is a professor at Regent, and some of the students helped him draft the brief in the case. He also heads a non-profit conserva- Public interest law alive and kicking by Kirn Fanniff tive, pro-life organization, the American Center for Law and Justice. innovative programs involves their work for the handicapped. Under a grant from the Cerebral Palsy Foundation they are litigating cases involving assistive technology (motorized wheelchairs, etc.). F cases are farmed outto private lawyers pro bono basis. Managing Attorney Robert Elardo spoke of the many volunteer opportunities available at the VLP. The organization functions with 25-30 inhouse volunteers. They also have a student-run clinic evny Tuesday night at Haven House, a shelter for battered women. "The program caches women how to use he system to their advanage," Elardo stated. Kathleen Carmody, Adby ministrative Director of the Women' s Law Center, works with a mission similar to that Week were sponsored by the Career Development Office. The panel included Keith Morgenheim ofNeighborhood Legal Services ("NLS"), Robert Elardo of Volunteer Lawyers Project (VLP) and Kathleen Carmody of the Women's Law Center. Panelists spoke )fthe Haven House program. about their organizations' work and funding. Carmody said, "The biggest Keith Morganheim, Robert Elardo, & Kathleen Larmody jart of what we do is to eduDespite devastating status interwe cate women and provide of public getary cuts, the Morgenheim stated, "With this grant est law organizations at UB Law is not are advocates for technology that imthem withthe support of advocacy. I get 10proves the quality of life for our clients." bleak. According to each panelist, their are to See Kicking, page 8 Another program the NLS is involved organizations continuing provide to with is a the needy of quality legal services joint venture with the Volunteer western New York. Lawyers Project, the "Attorney of the Morning" program. This program staMorgenheim, Interim Executive Director of NLS, stressed that his organizations a lawyer at the court to provide onsite services for those being evicted from tion, "... is the largest provider of civil their homes. This program is currently legal services to the poor in Erie County and upstate New York." Financial eligibeing copied in other states. The Volunteer Lawyers Project bility for NLS is set at 125% ofthe federal ("VLP") was created in 1982 by the efpoverty guidelines. In 1993 that meant a forts of the NLS and the Erie County Bar family of two could earn up to $11,800 and still meet NLS requirements. Association. The group handles family law, bankruptcy, immigration and landNLS has four units which focus on lord- tenant issues. the areas of law most needed by their One goal ofthe VLP is to involve the clients: Public Benefits, Family, Disabilprivate bar in public interest. Many of ity, and Housing Law. One of NLS' MSaanimrlih t*iot S Out bySA.Cote, Assistant News Editor The Student Bar Association con- venes! for their second nieeting on day f October 17. Lacking a quorum with which to conduct any financial busir*ss, the meeting focused ori party plans and how to keep Bar Review organizations from .subjecting students to harassment more than two tiroes per week. Presi dentPrudence Fung began her report with the Bar Review issue, saying that the school might soon adoptapolicy of limited access for the Review tables that perpetually choke the halls. The idea was well received by the few representatives in attendance; however. 1L Brenda Torres did mention the possibility ofReview Reps being unable to make their tabling quotas. This concern was countered with the point that mast schools have a limit on Reviews' tabling, yet reps meet their obligations. After announcing the upcoming Blood Drive, Fung then informed membersabout a program developed by Kids Voting USA, a polling exercise designed to teach children the importance of voting. Despite the fact that there were not enough people present at that point to vote in their own organization, the members seemed generally enthusiastic when Fung askedreps to urgetheir constituents to participate. With no voting to take up extra time, the meeting adjourned after a little more than an hour. of the closets and onto the walls MSaanimrthi by Phot �THE OPINION 2 October 30, 1996 Thousands throng through DC in search of social justice by Cindy Huang, Staff Reporter Thousands of people marched to the White House and the Capitol from different areas of Washington, D.C to seek justice. On Saturday, October 12, 1996,participants of the marches represented a multitude of both public and voting in the 1996 elections. Jenny Dreimer, a Howard University graduate, said, "The vote ofone woman will not be enough, the votes of many will make a difference." a small-scale protest criticizing society for not being morereceptive to their needs and pushing for more research to find a cure for AIDS. Because the day ended with an inter - private interest groups. One of the most visible groups present sought to have minorities more widely represented in governmental pro- cesses. They emphasized that minorities are not being adequately represented in the legislative and judicial branches of government. Ben Wendell, a march organizer, stated that, "We are sick and tired of being excluded from making important decisions. We will not put up with being locked out of the Capitol any longer." A second group of protestors expressed their view that Latinos are specifically being discriminated against via the recently enacted anti-immigration laws. When asked how he felt about the event, Jose Garcia, a student from Columbia University said, "It's wonderful to see so many people here supporting our cause." Many female demonstrators were present to encourage more women to have a larger voice in government. Their main purpose was to promote women task for each of the groups. Many participants focused solely on their own agendas. Demonstrators began mixing with one another when the large size of the crowd pushed them closer together. As the hours dragged on, it became impossible for all the groups to voice their opinions at once. Out of necessity, protestors began taking turns at disseminating their messages. Only at this point did the crowd begin to consider the significance ofwhat was being said by others. Linda Shorsenski, a graduate of Emory University, had originally travelled to Washington to try to convince more women to vote. Yet the protest allowed her to empathize with theLatino Cindy Huang stands outside the Capitol Many people were also present to mourn the loss of their loved ones to AIDS. Although the gathering began as an occasion to look at and add patches to the AIDS quilt, some attendees organized mingling ofthe numerous interest groups, a lot of people involved in the rallies were able to convey their message to others. However, communicating the specifics of their causes proved to be a difficult HEW YORK Students Pass theBarExam with PIEPER With 23 testable subjects In addition to the multistate exam, why risk your future on someone who Is not an expert on the New York Bar ExamP JOHN PIEPER is snEXPERT onpreparing forWe NEW YORK andMultistate BarExams!! EXPERIENCE THEEXPERT... 1-800-635-6569 community, and she returned to Georgia a less ignorant citizen. "Everyone should be given equal opportunity. Women or Hispanic, we are all living in this society together," she said. Mike Hernandez, a student at Florida State University, summarized the consensus among the groups by saying, "If you ignore us today, we will return tomorrow. We will keep on coming back until out concerns are acknowledged and some steps have been undertaken to start meeting our needs." �NEWS BRIEFS October 30, 1996 THE OPINION 3 BRIEFS... In and Out of the University UB News Law Firm Donates Art to UB The New York City law firm Sidney & Austin has donated aseventy-four piece artwork collection to the University at Buffalo Art Gallery. The collection is valued at $80,000 and includes works by Dennis Oppenheim, MichaelKenna, Lita Albequerque, Grace Knowlton and Dan Graham. Recently, an exhibitof photographs, prints, and textiles form the collection was held at the Gallery, which falls under the auspices of the UB Faculty of Arts and Letters. "The academic and surrounding community will have the opportunity to view various distinctive pieces by many outstanding artists. Sidney & Austin is comitted to supporting higher education," said Jack Brimm, director of administration for the New York branch of Sidney & Austin. Sidney & Austin is one ofthe largest firms in the U.S., with 750 lawyers. The firm represents Fortune 100 businesses, associations, and prominent individuals. UBLaw Creates Centerfor Study of CriminalLaw UB Law has established the Buffalo Criminal Law Center in order to advance the study of criminal law. According to Professor Markus Dubber, Center organizer, the Center has a threefold purpose: to provide support for legislators in matters ofcriminal justicepolicy, to attempt to rejuvenate the study ofcriminal law in the U.S., and to provide an intensive learning experience for students who have a concentration in criminal law. Students in the criminal law concentration will edit the Center's journal, The Buffalo Criminal Law Review, plan conferences, and prepare policy analyses for New York State and federal legislatures. According to Dubber, the study of criminal law has declined in the U.S. since many states, including New York, revised their penal codes in the 19605. The Center "provides us with a unique opportunity to be national leaders in the study and future evolution ofcriminal justice policy," Dubber said. The Center will sponsor its first event, a conference entitled "Rethinking Federal Law," on Saturday, November 23. The conference will feature ten scholars from the U.S. and Europe. Topics to be discussed include: Federal Criminal Law and Sentencing Today, Federal Criminal Justice Policy and Politics; Women, Minorities, and Federal Criminal Law; Comparative Perspectives on Federal Crimial Law; and Reforming Federal CriminalLaw and Sentencing. The conference proceedings will be published in the first issue of The Buffalo Criminal Law Review. The Conference is sponsored by the Mitchell Lecture Fund, the Conferences in the Disciplines program, and the Baldy Center for Law and Social policy. Campus CrimeReport In 1995, there were no murders reported on either ofthe two UB campuses. The same is not true for less serious crimes, however. The most prevalent campus crime was burglary, with 220 cases reported in 1995. Many of these burglaries were not forcible entries most were ofunlocked -- student dorm rooms. In addition, there were 19reported aggravated assaults, and 24 motor vehicle thefts. Only one forcible sexual offense was reported. The crime with the largest increase was bias related crimes, with 16reported cases, up from 4 in 1994. Local News State Bar Association Honors Farrell Amherst Town Justice Mark G. Farrell has been awarded the 1996 DistinguishedService Award bythe Law, Youth, andCitizenship Program ofthe New York State Bar Association. Farrell will receive the award at a statewide conference this week. He was nominated for the award by the Amherst, Williamsville, and Sweet Home Central School Districts, the Amherst Police department, and other members ofthe legal community. Farrell is a leader of a new plan in Amherst to battle drug and alcohol abuse among young people. He also implemented the state's first "drug court," which is the backbone of the program. In addition, he has also instituted progressive efforts that focus on court responses to youthful offenders, including alternative sentencing programs, drug and alcohol rehabilitation, and DWI impact panels. Farrell was also responsible for educational forums on the juvenile justice system for youths and educators in the three school districts in the Town of Amherst. Farrell has been an Amherst Town Justice since 1994. He is special counsel Morey attorneys specializing in medical and professional malpractice, product liability and environmental litigation. He is a graduate of UB Law. to Damon & Across the U.S. Law School Applications Drop There was a 7% drop in applications to law schools duringthe 1994-95 school year, according to a report by U.S. News and World Report. The declineis part of a four year trend. In 1994-95,78,800applications were filed to the 178 accredited law schools in the U.S. In 1990-91, 94,000 applications were filed. This decline in applications means thatschools are forced to admit less qualified students, according to the report. "The best and the brightest in the late 1980's and early 1990'sused to go to law school, and it isn't happening anymore," said Andrew Cornblatt, Dean of Admissions at the Georgetown University Law Center. Kennedys Sign Prenup The London Mail has reported that John F. Kennedy, Jr., and wife Carolyn Bessette signed a prenuptial agreement that guarantees Bessette a minimum of $1 million in the event the couple divorces. The agreement establishes a sliding scale ofpayments that increases with the length of time the couple is married. If they divorce after less than three years, Bessette gets $1 million. If they last more than three years but less than ten, Bessette is guaranteed $2 million. After 10 years, the figure increases to $3 million. The newspaper says thatKennedy' s advisors insisted on the agreement, supposedly to shield him from a California law that would allow Bessette to sue Kennedy for half of his wealth in the event of their divorce. The couple is reportedly house-hunting in California. Kennedy's wealth is estimated at $32.7 million. Sixth grader's knife nabbed When eleven-year-old Charlotte Kirk of Columbia, South Carolina, thought she would help her mother by packing her own lunch for school, she never bargained for criminal charges. The sixth grader put a steak knife in her lunch box so she could cut the chicken she had included in her lunch, the school interpreted the knife as a weapon instead of a culinary utensil. A friend in the cafeteria suggested to Charlotte that the knife might not be allowed in school. Charlotte thenasked a teacher if she could use the knife. This resulted in her being suspended from school, arrested on a charge of possessing a weapon at school, and threatened with expulsion. Charlotte was taken from Hopkins Middle School in a police cruiser her father was not allowed to ride along with her. - The school district decided not to suspend Charlotte, but she still faces a hearing in family court on the possession charge. Charlotte says she packed the knife for herself because "Mom was busy, and dad had gone to work." "I never took it out ofthe box," she said. On Line University Created The creation of the World Learning Network, was announced by Peterson's, the nation's leading provider of college and career information in print and online, and the Electronic University Network, which has helped colleges, schools and organizations for the last ten years offer instruction on-line. The two organizations will work together in a cooperative agreement to establish the first global virtual education community offering short-term courses and credit-bearing courses for those individuals who need or prefer to study at a distance. The World Learning Network will beavailable on the World Wide Web at http:// www.worldlearning.com on January 1, 1997. The World Learning Network will provide colleges, schools, corporate learning centers and professional associations with their own virtual campuses. The Network will serve those who cannot now be taught through traditional on-campus education, such as the homebound, military service members, the disabled, and the institutionalized. Peterson's and the Computer brief cont'd Electronic University Network is also organizing World Community College and World University to create international outreach opportunities for U.S. academic institutions. The World Learning Network will give each member its own on-line campus. Each campus will be comprised of the basic buildings housing the core functions of a complete learning center: academic buildings, a library, an administrative center and admissions office, a counseling center, a student union, a continuing education center, a lecture hall and a college store. The Network's creators attest that the campus and its buildings will be "furnished" andready for immediate use. The classroom building will provide tutorials and seminars. The library will possess basic collections, as well as facilities for student research and independent study. The student union will have chat rooms and game facilities. The lecture hall will feature forums, discussions, conferences and workshops. The bookstore will sell a full array oflearning materials. Law School to Provide Hands- on Environmental Law Experience Here's an opportunity to get your hands dirty! Vermont Law School will offer hands-on experience working with leaders in environmental law. Vermont Law School is inviting students from to enroll as visiting students in the Environmental Semester in Washington, DC. This 13-credit externship in Washington, DC offers students a two-credit class in professional responsibility and practical environmentalexperience working with mentor attorneys in a number of exciting settings. The following is a sample of the many disciplines in which experienced mentors work with students in the Environmental Semester: Government Agencies: UnitedStates Department of Justice, White House, Environmental Protection Agency, Department of Interior, Department of Agriculture, and Department of Energy. EnvironmentalGroups: Fund, Enviornmental Defense Enviornmental Law Institute, Natural Resources Defense Council, Center for International Environmental Law, NationalWildlife FederationandSierra Club Legal Defense Fund. Congress: Key committees in the House and Senate: Other Groups: Law firms, trade associations and consulting firms. "This past semester I gained something that only experience could give me: confidence...Just the opportunity to do work that a practicing attorney also did was exciting, and it proved to me that I could do this - and do it well," said one student who worked in the Environmental Enforcement Section of the Department of Justice. For more information and application materials, call Professor Martha Judy (ext. 2345) or her staff assistant, Vicki Campbell (ext 2259), at 1-800-227-1395 or 1-802-763-8303. Sources for briefs are: The Buffalo News, TheReporter, The Spectrum, The New York Times, and The Syracuse Post Standard. �EDITORIAL THE OPINION 4 OPINION Founded 1949 Volume 37, No. 4 Jessica V. Murphy Editor-in-Chief && LETTERS TO THE EDITOR You Don't Get IT by 2L 's Carlisle F. Toppin and Martin C. Raikes October 30, 1996 Julie E. Meyer Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinion is a non-profit, independent,student-owned and run publication funded by the SBA from student law lees ThcOpinion, SUNYat Buffalo Amhersl Campus,7 JohnLord O'Brian Hall,Buffalo, New York 14260 (716)645-2147. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the Stale UniversilyofNewYorkat Buffalo SchoolofLaw. Copyright 1996 by TheOpinion, SBA. Anyreproduction ofmaterials herein is strictly prohibited without theexpress consent of the Editors. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Friday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may either be sent to The Opinion at the abovenoted address, dropped offunder77ie Opinion office door (room 7 O'Brian Hall), or placed in Box #755 on the third floorof O' Brian Hall. All copy must be typed, doubled-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more than two pages double-spaced. Perspectives are generallyopinion articles concerningtopics ofinterest to the law school community and must be no more than four pages double-spaced. The Opinion reads and appreciates every letter and Perspectivewe receive; wereserve the right to edit any and all submissionsfor space as necessary andalso for libelous content. TheOpinion will not publishunsigned submissions. Wewill return your disks to your campus mailbox or to a private mailbox if a self-addressed stampedenvelope is provided. The Opinion is dedicated to provide a forum for the free exchange ofideas. As a result, the views expressed in this newspaper are not necessarily those of the Editors or Staff of The Opinion. "Congress shall make no law ....abridging thefreedom ofspeech, or ofthe press;..." The First Amendment — EDITORIAL: Now that it's the nineties we've all had our consciousness raised, and everyone is aware of the fragile inner child that lurks within our aging, outwardly mature bodies. Hence, we now feel justified in cutting loose and making the world our playpen, the office our Romper Room. Which I guess is a curt nod in the direction ofpuerile behavior. And which...l guess...meansit's okay to huck mud at any of your little friends who s&sses you with one too many "nyah nyah nyahs." But, there's a problem. If you're going to throw mud, folks, Do It Right! Watching the presidential debates that have pockmarked this year's election campaign has been a peculiar kind of sado-masochism for just about everyone involved. Those whose sensibilities are easily offendedfound the character attacks and finger pointing to be thoughtless, pointless, and tasteless. Those whose sensibilities are shod in iron, and who love a good romp through the carnage of political debate, were equally offended, because they turned on thetube to see virtual guts spilled on the floor, and were rewarded by Bill-Bob tiptoe-ing through the tulips of a debate choreographed by Emily Post. As for those who don't give a damnabout politics, well, their prime time shows and sports were pre-empted by something pointless, and thus their viewingpleasure died in vain. There's a lot of talk about returning politics to the niche in polite society from which it was once supposedly ensconced. There are only a few choice words needed to nip this sort of yap in the bud. Congress. Cane. Sumner. Head. Smoosh.[This is areference to a caning in Congress prior to the Civil Warinvolving SenatorCharles Sumner.] Politics is war without blood, not war without casualties. We all know this, yet we hold our politicians to an impotent standard of amiability that would have been a challenge for the "Little Women" to achieve, even on a day when Marmee made pancakes and didn't give them away to the poor. We watch the candidates debate, ready to pounce on a slightly disdainful syllable, or just-too-pointed comment. We publish countless articles that analyze the wording and intonation ofeverything they utter, because the initial message is lost in the tea-timetalk. Andthus we are not only cheating ourselves out of a lot of fun, we're depriving ourselves ofany clue as to what really beats and lusts inside the hearts and minds of the people who would lead us. At age four, mud is a mere amusement. At any age past eighteen, it should be something we revel in. It's sad thatthe most cutting debate snippet ofrecent memory is the slightly biting, "Senator, you're no Jack Kennedy." That's just weak. Slicks and stones will break our bones, but names will never hurt me. Sure, it's the first bromide that any child learns to debunk, but it also trains us in the mind set that it's better to say it than imply it. We're Americans, people. Aside from the French, we're supposed to be the ruling class ofrude. Sling mud. Sling it hard. Just don't try to hide it; Do It Right. Don't forget to vote on November 5 th! October 30, 1996 The blueness of the sky, the wetness of water, the subliminal images in those colorful billion dot pictures, the exorbitant salaries of today's athletes, the winning lottery numbers before the drawing, why Barney does not just simply ask Fred for some Fruity Pebbles.... What do the elements in this list all have in common? They are things that some people just do not get. The Tiger Woods Nike commercial can be added to this list for Greg Mattacola. In The Opinion dated October 9, 1996, Mr. Mattacola wrote a scathing criticism of Tiger Woods and his Nike commercial. The commercial in questionfeatures Tiger Woods saying, "There are still courses in this country that I can't play on because of my color." Mr. Mattacola had the temerity to suggest that Woods' exclusion from certain golfcourses on the basis of race is not a legitimate reason to complain since he has a lucrative contract with Nike. In fact, hisarticle states that Woods "should be singing the praises of the good old USA at the top of his lungs." Greg, you miss the point ofthe commercial entirely. The ad is an attempt to sensitize theAmerican public to one ofthe many indignities that people of color suffer. Your article trivializes the important message ofthe commercial since this problem goes beyond Tiger Woods and even golf, for that matter. It effects millionsof people in the United States and that is something no one shouldbe singing praises about. According to James Small, a Nike Public Relations Director, the ad was not supposed to be taken literally, but was intended as a "metaphor", with Woods as a stand-in for other black golfers. Sure, Tiger Woods wouldbe welcome anywhere because of his celebrity and stature in the game. However, less prominent black people would be and have been denied playing privileges because of their race. To give a few examples: In 1993, Sabres goalie, Grant Fuhr, was denied golf membership to the Transit Valley Country Club in Buffalo on the basis of his race; in 1991, St. Frederick High School golfer Dondre Greenwas excluded from a threeteam regional playoff at the Caldwell Parish Country Club in Columbia, Louisianabecause he was black; in 1990, the Professional GolfersAssociation (PGA) had to deal with an incident at Shoal Creek Country Club in Birmingham, Alabama when the country club's founder told a reporter that there was no way a black person would be considered for membership; until 1962, the PGA's constitution had a "Caucasian clause", which limited PGA-sanctioned competitions to whites only. The purpose of the commercial was to spotlight such issues and raise awareness that golf is not an inclusive sport. It is absurd to suggest that pointing out one of the ills in American society is exclusively the province of civil rights activists. While Nike is undoubtedly usingTiger Woods to expand its market, the underlying message does not detract from Dr. King's ideals. Dr. King was against segregation and the message of the commercial is consistent with his work. UNDESERVING? WE THINK NOT! No other golfer has turnedpro with the notoriety of Tiger Woods. When he was three years old, Tiger appeared on the "CBS Network News" and "Mike Douglas Show" putting with Bob Hope. At that age, he also shot a score of 48 for 9 holes on the U.S. Navy golfcourse. By the age of five, he appeared on TV's "That's Incredible". In 1995, he competed in the prestigious Masters Tournament in Augusta, Georgia, his first pro major, and was the only amateur to make the cut. At the age of 18, Tiger Woods was the youngest player to ever win the U.S. Amateur Tournament. Since then, Woods has won an unprecedented third straight U.S. Amateur Championship. He recently turned pro on August 28th of this year, See letter pg 6. Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspective* are generally opinion articles concerning topics of interest to the law school community and must not he longer than events AJ! submissions are due the Friday before we publish Yout submission niuM be typed, doubled-spaced, and submitted on paper and on a computer disk (IBMWordPerfect 5,1 format). XfofrnPP.iWW' reserves the right to edit any and all submissions for space as necessary and also for liheious content; we will not publish any unsigned submissions. Send your submissions to The Opinion office or place them in box 755. \. It- ' �THE OPINION OP/ED October 30, 1996 5 Follies and Fumbles Columnist Greg Mattacola Listen for a Change! You guys remember Bob Dole, right? He's that really mean looking old guy who does not have a clue of what the young people of this country are about or need. He's also that same guy who, not too long ago, rattled off a bunch of movie titles stating that they were bad for this country's morals. (I think Showgirls was one, possibly the only movie I've ever watched where I'd seen better plots in a porno.) Yet, when asked ifhe'd ever seen any ofthese 'harmful' movies, the former Senator said,"Well, no." And I'm supposed to vote for you? Someone who just says what he thinks parents want to hear without knowing what he's talking about? I don't know why I'm so surprised. This is the same Bob Dole who once said in an interview, "Tell me what you want me to be and I'll be it." Now, there's someone with character. Someone whoreally sticks to his guns. And speaking ofguns, It seems now, after Bob Dole already got himself in trouble using the song, "Soul Man" as part of his campaign(l'maDoleManl I know, pretty sad.), without permission, he's gone and doneit again. Itappears that Mr. Dole has been cranking "Born in the USA" from his campaign bus as he makes his way around the nation. Once again, he did not have permission and got scolded from Springsteen. But, you see, there's an even bigger problem here. First of all, there are very few things that I believe strongly in. One ismy absolute hatred for Astroturf. Another is a cold beer after a round of golf. My marriage, black coffee in the morning, andmountain biking pretty much round out the list. Except for one other thing. Bruce Springsteen. Tell me something Mr. Dole, have you ever listened to "Born in the USA"? I don't mean the beat, Mr. Dole, I know it's a catchy beat, I'm talking about the words. Because if you had, I don't think you'd be playing it on your campaign. You see, Springsteen, in my humble opinion, isthe most prolific song writer of our generation. Yet, he doesn't write about'counting blue cars' or'going down on you in the theater'; the man writes a social commentary about the life of the regular Joe in today's America. And quite often, it's not a pretty picture. Go and listen to the song, Mr. Dole. Then tell me if you want to use it. And after you're done, go and find your old pal Ronald Reagan who also used this song without having a clue of what it's about. The two of you can turn your hearing aids up and realize together what jackasses you are. AndI never thought I'd have to vote for Clinton again. Vanna, can I buy another candidate? Please? SPORTS SHORTS! Well,the baseballrace isalot clearer now, unfortunately. The Yankees have refused to die or go away; much like the cockroaches of their crack ridden, pollution infested home. Come to think of it, when looking at the makeup ofthe Yankees, its much like a line up on NYPD Blue. You've got your crack heads, your cocaine addicts, your hired guns, your wife beaters. All that's missing is the overweight cop who yanks people around by their necks and has absolutely no respect for anything that's sacred. Oops, forgot about Steinbrenner. Now the picture's complete. Speaking of baseball, what would happen ifyou combined Brady Anderson's sideburns, withRollieFingers' oldhandlebar mustache? Would that be the most outstanding presentation offacial hair that you've ever seen or what? I've gotto stop watching so much sports. Nahhh. The football season is as great as ever, not that football ever really disappoints me. But I'll tell you one person who has completely stood out this year, Rookie linebacker for the Dolphins, Zack Thomas. I have not seen this guy play one game where he didn'tcompletely dominate it defensively. I've never seen aRookie come in on defense and just take over games like Thomas does. He's a Spielman-Conlan type linebacker, yet without extraordinary size. If Thomas continues like he is, he's in the running for Defensive Player of the Year, not justRookie Defensive Player ofthe Year. He's already wonthat. Gottta love this sport! We want to hear what you have to say.** Tell us whatyou think... Send a letter to the Editor. We're located inßm7 O'Brian Halt Dear Audrey... by Audrey A. Kocscielniak, Assistant for Career Development, Special to the Opinion Dean Robert E. Precht, provides a further definition of public interest/public service practice. It further confirms that our "Focus on Public Practice" is worth the effort. Dear Audrey: CDO's October programs all have a public interest focus. Why so much effort for 5% of a class? Signed, Private Firm Oriented ��**�*******�****�****** Dear Private Firm: Whether you call it public interest, public practice or public service, it is more than working for legal services and legal aid. It is workingfor not-for-profits,cause specific organizations, government and even private law firms (clearly, more than 5% of a class). Public service also involves representation on all sides of an issue. Several ofthis month's attorney-panelists described the interaction between the private and public interest practitioners. Skills learned in the private practice can be transferable to the public sector andvice versa. Also, it is onlythrough the pro bono efforts of over 800 private attorneys in Erie County that the Volunteer Lawyers Project hasbeen able to provide legal assistance to area citizens who would otherwise go unrepresented. A number of public interest achievements would not have been possible if not for the substantial resources large law firms have given pro bono to more intensive (i.e., long and expensive) cases. The following article published in the October 1996 NALP BULLETIN by WHAT IS PUBLIC SERVICE ? Onenight, after a day of cross-examining witnesses in the WorldTrade Center trial in 1994, I was riding the subway home when a well-dressed man came up to me with a puzzled look on his face. "You're one ofthe lawyers for the Arabs, aren't you?" he asked. I said that yes, I was. Becomingred, he yelled "Theykilled innocent people. They killed a pregnant woman. How can you live with yourself defending these terrorists?" I replied with the tenet central to our criminal justice that everyone is entitled to a system fair trial but this man would have none of it. To him, I was simply a mouthpiece for murderers. He looked at me as ifI too were guilty of murder and that he would like to strangle me. Somewhat unnerved, I got off at the next stop and walked the rest of the way home. I have thought of this incident frequently since moving to Ann Arbor to head the Office of Public Service at the University of Michigan Law School. If two people could disagree so completely about the role of a lawyer in our system of justice and whether he or she is performing a public service, what does the term "public service" mean? As I pondered this, the obvious definitions seemed inadequate. Defining public service broadly as legal work not undertaken for personal profit seemed to me to include too much. A lawyer cannot take —— any position, however evil, and call it public service simply because it is unmotivated by pecuniary gain. Defining it more narrowly as legal work that helps the poor excludes valuable endeavors that address national and global concerns such as the environment. Could I say nothing more than that, whilepublic service is impossible to define, we know it when we see it? Looking back, I see I went astray in trying too hard to definepublic service in terms ofparticular practice areas. I realize now that the essence of public service is not an activity, but an attitude, an attitude everylawyer can and shouldbring to the practice of law. It is, as the great law teacher Karl Llewellyn wrote, "To be at all times, even at personal sacrifice, a champion offairfor all, whether ness and due process or the powerful envied... or the hatred or the oppressed." If the attitude sounds familiar, it should. It is the message of " A Christmas Carol" and the Good Samaritan adapted to lawyering: make humankind your business and do not turn a blind eye to injustice. In the last year, I have met lawyers of diverse backgrounds who embody this attitude and show that it can become an essential component of every type of legal practice. To mention only three: the legal services lawyer who, unbowed by Congressional cuts, continues to make a career ofproviding equal justice to poor people; the general counsel of a large automobile company who has created an in-house pro-bono program involving more than 100 lawyers; the law firm partner whose pro-bono environmental legalpractice places him in the vortex of national issues. These and other lawyers, working different practices and settings, very in are deeply connected with and have given something of tremendous value to - the communities in which they live and practice. They challenge us to do the same. - This article is reprinted with permission by the National Association for Law Placement. ... Do it Once. The Power Of Experience �FEATURES THE OPINION 6 Prepare your Car for Winter Blues by Alex Suchomski ofKoerner Ford, Special to The Opinion Winter weather could bejust around the corner. Icy roads, snowy nights and blustery winds can take a toll or bite out of your car. For some, a car is essential transportation to and from campus. Here are some helpful tips for winterizing your car. 1. Tune the engine. they are equivalent or inferior to conventional tires. Studded tiresmake goodsnow wtires. However, if they are used often on diy pavement, due to a lack of snow and high speed driving, their life expectancy will be shortened. Studs will fall out and wear-out, resulting in typical snow tires. Thus, studded tires may not be as cost effective. Check 9.Windshield Wipers: Winter wiper blades are recommended. radiatorfor leaks. These are rubber 2. Change the engine oiland j. radiator coated to prevent ice from sticking to them. Use windshield washerfluid that is winterized with anti-freeze. Do not useradiator coolant in- and battery and inspect battery cables. 6. Check the flash cooling system sure itis clean. If itis dirty,a new coolant is needed. When adding the replacement coolant, the mixture should be 50% water and 50% coolant. If the engine takes a long time to warm-up, replace the thermostat. Most engines should reach operating temperature (approximately 195-200 degrees Fahrenheit) within 4 miles of driving. Finally, have the coolant tested for protection. Negative 35 degrees Fahrenheit should be adequate for upstate New York. to make 7. Test for air leaks in your tires. -10. Carry a snow brush, snow shovel, and flashlight in your car. Beet, I 11. Use extra weight in theback, such ndbags, if you have a rear wheel drive vehicle. This willallow for better traction. Alex's Handy Tip: Often floor mats become saturated with melted snow. The moisture results in condensation that may settle on the inside of the windshield and cause ice to form. The solution is to put newspapers underneath the mats. This will absorb the moisture. X. Tires: most cars are equipped with all-season tires. These are usually fine, but after 20,000 miles of driving The use of studded snow tires ispermitted in New York after October 15* and in Pennsylvania after November 1". Response to Mattacola cont'dfrompt, 4 and is a winner on the PGA Tour in only his fifth tournament and is 34th on the money list. With one ofthelongest drives in the sport of golf, Woods hits 310 to 320 yards off the tee without trying, and 340 to 350 yards when he is hitting harder. This account only skims the surface of this young player's accomplishments. Woods' appearance at every tournament, major or amateur, has filled the galleries and increased the popularity of golf. His peers on the tour, including Greg Notman, NickPrice and Davis Love 111 have high praise for him, think he is an outstanding player and great for the tour. Greg Norman was even quoted as saying, "Golf needs someone like him. He's long, strong and articulate and he holds himself well on and off the golf course." Tiger Woods is a superstar which all sports need. A superstar who captivates its audience and someone that people may hale to love and at the same timelove to hate. How do you like that image now, GT eg? Like Woods, most top golfers already have lucrative endorsements. Greg Norman, for example, has a contract with Reebok. Reebok sponsors his clothing collection and gives Norman the right to market and license the Shark Logo. The Greg Norman's Ultimate GolfChallenge Video Game is sponsored by the Groiler Publishing Company. We should also mention the endorsements by Chevrolet Trucks, GM Automobiles, Dunlop Golf Balls, Caddyrack, Inc., Leßoeuf Fountain Pen Co. and others. We do not understand why you make suchan issue about one endorsement to thisparticular individual, who has met the expectations of its sponsors. Whether anyone deserves $40 million to endorse sports products is certainly debatable, but popular appeal and marketability determine whoa company chooses as its representative. Your "Follies and Fumbles" attempt to gain laughs was far from humourous and offensive to many. As a journalist, your article in The Opinion represents exactly that your opinion. However, as an elected SB. A. official, you should be careful that your published thoughts do no* offendthe people you represent. THE EYE OF THE TIGER Risin' up, back on the street Did my time, took my chances Went the distance, now I'm hack on my feet Just a man and his will to survive So many times, it happens to fast You change your passion for glory Don't lose your grip on the dreams of thepast You must fight just to keep them alive It's the eye of the tiger... -EdoEngel. -- October 30, 1996 ESLS plans star studded event by Susan Bjornholm, Features Writer Time is a valuable commodity as every person who inhabits the halls of , O Brian can tell you. Everyone has to make decisions on which events to schedule in his or her daily planner, stay after classes to attend or skip completely. MARK THIS DATE! November 18th contains an event that every person in this school will find intellectually stimulating and informative. The Entertainment and Sports Law Society is holding a symposium, sponsored by the New York State Bar Association, which will discuss a topic dear to its hearts entertainment and sports law. This symposium features Mr. Keith Schulefand, a local entertainment and sports attorney and fellow University at BuffaloLaw School Alumnus, as well as one of his prominent clients, Mrs. Janet Snyder from Kiss 98.5 FM. Ms. Lynn Wolfgang, President of Entertainment the and Sports Law Society, suggests some possible topics the society plans to cover during the time allotted Mr. Maddox will discuss nego- - tiating a contract from an athlete's point of view, making the transition from college to the NFL and the draft and collective bargaining between the players association and the league. Ms. Snyder will illustrate the impact F.C.C. regulations have had oncensorship and what it is like to one of the first women with her own morning radio show. Othertopics include the practical considerations of finding jobs in the Buffalo area and finding an athlete and/ or entertainer as a client. In addition, Jean Hill from WKBW, Channel 7 will be moderating the panel. The event will be held November 18th at 7:00 pm at the Center for Tomorrow, opening with a reception beforehand at 6:15 pm. The Society's goal is to facilitate communication between local attorneys and law students. Each person whoattends will have the chance to obtain valuable information about entertainment and sports law as a legal career and make contacts with those already practicing in the field. Based on the previous successful symposiums by this organization, this event is one you should attend. UB to honor Justice Green by Ilene Fleischmann, Assistant Dean for Alumni & Communications Rw studentsare encouraged to join tivities when Hon. Samuel L. Green, a senior associate justice of the Appellate Division, Fourth Judicial Department, State Supreme Court, is presentedwith the Jaeckle Award on Saturday, November 2, by the University at Buffalo Law School and Law Alumni Association. This prestigious award will be presented to Judge Green, Class of 1967, at a noon luncheon, following the 21st Annual Alumni Convocation at ÜB's gram will address how lawyers can cope withthe constant change in today's legal environment. Topics to be discussed include marketing and practice development, computer technology, government regulation of lawyers and lawyering and disciplinary issues. The panel of experts includes special guests the Hon. Joseph J. Traficanti, deputy chief administrative judge for courts outside New York City, and Joel A. Rose of Joel A. Rose & Associates, Inc., a nationally known law office management consulting firm located n Cherry Hill, New Jersey. Local panelists nclude Paul Ivan 3irzon, an attorney in he firm ofBirzon and Center for the Arts atrium. Named for UB Davis, P.C., Jeffrey alumnus Edwin F. vl. Freedman, of JefJaeckle, Class of rey Freedman AttorSamuel Green L. 1915, the annual Sr. Associate Justice Maryanne neys, award is the highest honor bestowed by Sacamondo Freedman, of Cohen and the Law School and its Alumni AssociaLombardo, and Dan D. Kohane, of tion. The award is presented to an indiHurwitz and Fine, P.C. vidual who has distinguishedhimself or The Convocation program is being herself in the profession and has made presented by the law school and the Law significant contributions to the UB Law Alumni Association in conjunction with School and the legal profession. C. Brown & Co., Inc.; Marine Harold Judge Green is a former criminal Midland Bank; Amherst Electronics; and tense lawyer who moved steadily up Commonwealth LandTitle InsuranceCo. the ranks. He began hisjudicial career in is a topic all law students Buffalo City Court in 1973 and went to interested in, regardless of uld be the State Supreme Court, Eighth Judiarea of practice," said Ilene their future cial District, in 1978. He was named to Fleischmann, executive director of the the Appellate Division in 1983. At that Law Alumni Association, "And the time, he was the first African-American JaeckleAward luncheon is a great way to to be named a New York State appellate network with our older, more established judge outside the New York City area. I hope our students take advanHe has been recommended twice by the ofthis wonderful opportunity." Commission on Judicial Nomination to For more information, contact the State's Court of Appeals. schmann at 645-2107 or in Room topic ofthe morning-long Edu3O9.The first fifty law students who sign ional Convocation (8:30 a.m.-noon) up in the Alumni Office (Room 309) are will be "The Challenge of Change: Keepinvited to attend for just $5 each. ing Current and Competitive." The pro- t K'This trini. �FEATURES October 30, 1996 THE OPINION DA packs powerful punch Attorney Sarah Buel fights back for battered women by Leonard Heyman, StaffReporter Every attorney who works in the field of domesticviolence should know the name Sarah Buel. Aside from her job as part-time assistant D.A. of Norfolk County outside Boston, she is, "arguably the country's sharpest weapon against domestic violence," according to David Adams, Ed.D., a psychologist whoruns the first and possibly best counseling program set up in the United States for men who batter. How she, a victim of domestic violence has become an influential leader on the issue of battered women, who accepts invitations to train judges, police officers, and prosecutors, who has testified before Congress, who introducedthe president ofthe U.S. at a press conference last spring when the federal government set up the new Violence Against Women Office, who is pictured on the cover ofthe July 1996 edition of theABA' sjournal, whowonABA's 'Top 20 Lawyers Award" in 1992 and has received many other similarawards, who has spoken on domestic violence in every state in the country and trained thousands of people, including physicians, lawyers, court personnel andsocial workers, about detecting and preventing domestic violence, whose name results in 6,786 hits when entered in the "Yahoo!" search engine on the web (for compari- son, "Hillary Clinton" begets 11,035 hits; "Janet Reno" 59,425), and who is a Harvard Law cum laude graduate--from working as a governess. She saw Perry Mason on TV and decided that she wanted to be an attorney. The next year Buel bounced around to four different schools and families, including her mother's. "I was told I wasn't smart enough. So, I refused to learn how to type." meager beginnings, where shewas on the receiving end of domestic violence and, upon leaving her batterer, stood in line for welfare, is a story worth knowing and repeating. Buel 's infatuation withlaw began at age 12, when she won a refund from an auto mechanic who hadcheated mother. Buel realized that law was a sword she could brandish to right wrongs. In the seventh grade, Buel was put on a secretarial track instead. She says, "I was told I wasn't smart enough. So I refused to learn how to type." When she was 14, her parents divorced. Rather than choose which one to live with (her siblings split evenly), Buel went to New York. She went to school, at first, while However, she eventually went back New York, where she had relatives, to and began a very erraticcourse through high school, cutting class and shoplifting with a cousin. By the time she was 22, Buel was an abused woman. It started when her partner called her a liar and slapped her across the facewhen she deniedthinking of her old boyfriend when listening to a song on the radio. She says that the verbal and psychological abuse was more damaging than the physical abuse. "He always said I looked frumpy aad dumpy. He was enraged itI bought the New YorkTimes." He read the tabloid Daily News. "'lsn't it good enough for you?' he demanded. He was extremely jealous. If I so much as commented on, say a man's coat, he'd accuse me ofwanting an affair and flirting," she told Psychology Today. She added, "I didn't cook like his mother, clean like his mother. By the time I left I thought, 'the onlything I do well is, I'm a good mother.'" Buel left her abuser and got a job in a shoe factory. However, the wage was See DA pg 8. Domestic Violence Awareness Month by Leonard Heyman, » StaffReporter October is Domestic Violence reness Month. In observance ofthis occasion, the Domestic Violence Task Force set up a table in the student lounge areaof O'Brian Hall in the beginning of the month with T-Shirts painted with Anti-Violence slogans. The T-shirts were a part of a national project, called "The Clothesline Project." The Clothesline Project began in 1990, when thirty-one T-shirts were hung by a clothesline in Hyannis, Massachusetts in the Fall of 1990. The shirts are decorated by individual survivors of violence against women, or by those who care about a victim of violence against women. WhiteT-shirts represent someone who died from violence; yellow or beige represent woman who have been battered or assaulted; red, pink, or orange T-shirts represent individuals whohave been raped or sexually assaulted; blue or green T-shirts represent women survivors ofincest or child sexual abuse; and purple or lavender T-shirts woman attacked because of r sexual orientation. The T-shirts educate, document,and raise society's awareness ofthe extent of the problem of violence against woman, as well as help in the healing process for people who have lost a loved one or are of this type of violence. Jen DeCarli, Co-President of eesent Ks the Domestic Violence Task Force, adds, "the shirts help to personalize their expeThe Domestic Viorience." lence Task Force, does much more than manage a display for the Clothesline Project. The organization runs an advocacy program in the Family Courts in Lockport and in Niagara Falls. This program helps women obtain orders of protection through family court. According to DeCarli.you don't need to be an attor- clean clothing are collected for victims of domesticviolence; an education com- mittee in whichlaw students go to local schools and speak about domestic violence and tell children where they could get help if they or someone they know lives in a violent home. TheTask Force also justcompleted a successful fundraiser in which they hosted a softball tournament. DeCarli was grateful for the amount of support shown during the lMuanirthndraiser and for hose who volungoes to the helters and summer ie money NEW LAWS lince January 1,1996 three new laws relating to domestic vioby lence have been put into effect in the state of New York. 1. As of January 1, 1996, police must make an arrest in domestic violence cases in which there is evidence of a felony, regardless of the victim's wishes on the matter. If there is evidence of a misdemeanor and the victim specifically doesn't want an arrest, Sami Phot ney to be an advocate, but you do need to be trained. She also said that 15 law students attended a training session in September, but that only about half the students involved withthe Domestic Violence Task Force are trained. The other half participate in a community outreach committee which helps promote public awareness of the problems ofdomestic violence; a Needs drive, in which blankets, toiletries, food, and 7 Violent Life styles of the Rich and Famous by Leonard Heyman, StaffReporter Lest anyone believe that domestic violence occurs only among the poor, indigent, and ignorant, headlines in the past year prove that it occurs also among the rich and famous. Def Leppard musician Richard Alien, 32, pled guilty on August 6,1996 in Los Angeles to beating his wife. The one-armed percussionist was sentenced to 30 days on a graffiti-removal ctew, and ordered to filet and pay for MTV public-service spots admitting hiscmnc. Christian singer Susie Luchsinger (sister of country-music star Reba Mclntyre) and her husband, Paul Luchsinger, have gone public with the fad that Paul used to physically abuse his wife, but has managed to rehabilitate himself with the helpofaChristian counselor. Bonnie Pointer, former member of thePointer Sisters, wantsbattery charges dropped against her husband, Bownes. According to a February 12,1996article in J<2fmagazine, Bonnie Pointer and her husband fought duringa holiday party at June Pointer's (Bonnie's sister) Hollywood Hills home in California. When June came to help her sister, Bownes hit her, breaking her nose. If convicted, Bownes could face two years in jail. Bonnie wants the matter dropped so she and her husband can resume work on anew album. LaToya Jackson filed a multimillion dollar gender-based violence suit against estranged husband/manager Jack Gordon. Jackson filed for divorcefrom Gordon six weeks before the lawsuit. It alleges that there were numerous incidents both beforeandfollowing their marriage in 1989 where defendant Gordon beat and struck Jackson with his fists, hands, feetand objects resulting in contusions, lacerations, abrasions and severe injuries to Jackson. Jackson's attorney, Oxman, toldJet Magazine that Gordon beat her repeatedly to try to force her to perform in the nude at various clubs around the world. He claims that in 1993 when Ms. Jackson posed nude for Playboy Magazine and video, she was against the idea, but Gordon beat her into submission. He said that Gordon also controlled her finances as well as other aspects of her life. Do it Right. the police do not. See New Laws, pg 9. — ***&** —^i— The Power Of Experience �THE OPINION 8 Buel, FEATURES continued from page 7 so low she could not pay both the rent and a baby-sitter, so she went back. "I went back because he said he was sorry, it'll never happen again. When I realized it wasn't true, I left again." She took a bus to New Hampshire, where her wanted to become a prosecutor to make sure that batterers would be held accountable for assaulting others. She never had any intention of speaking publicly about her own abuse. "Sometimes I hate talking about it," she mother lived—but it did not work out. Her mother was living on a remote farm, she had no car, and her son was allergic to the animals. Still, she never went back to her abuser. Instead she stood on a welfare line with three kids—her own son and two foster children she was raising. Her goal was to go to law school, but she had no idea how to get there. She didnot know that you had to go to college to go to law school. So, in 1977, after two months on welfare, Buel entered a federally funded job-training programthat, despiteher awful typing, landed her in a legal services office. Eventually, she became a paralegal aide and began helping domestic violence victims. In 1980,she started seven years of undergraduate study. She began at Columbia University on scholarship, which necessitated "nine horrible months" in a drug-ridden building in New Yorkwhile on welfare, so she could spend her evenings with her son. Then she returned to New England and attended Harvard Extension School two nights a week. She did well. She also worked as a women's advocate in federal legal services offices, first in New Hampshire, then in Lowell, Massachusetts. She graduated from Harvard Law School, cum laude. She says. "I just want people to see me as the best trial lawyer." "In all the time she workedfor us," recalls her former boss, lawyer Mark Larsen, now in private practice in New Hampshire, "we never knew she had a "/ decidedI had an obligation to speak up. It's a powerful tool." problem with domestic violence." It started accidentally: She was in a court hallway withsome police officers on a domestic violence case. The Chief Officer said, "a smart womanlike you would never let this happen." "Well, it did happen," she told him, challenging his blame-the-victim tone. He invited her to trainhis force on handling domestic violence. "It changed things completely," she says. "I decided I had an obligation to speak up. It's a powerful tool." She has not stopped speaking up. Her nonstop schedule and her willingness to speak to anyone who will listen have made her a recognizable leading women in trouble can find her. Example: In a press conference in Tampa in 1994, she chastised Hillsborough County state attorney Harry Lee Coe for sayingthat he saw his goal as keeping families together. Buel said his goal was a "dangerous, misguided notion." The press had a field day, but Buel says she does not regret speaking out. "I'd have hated to be a battered woman living in Tampa." She says that since then, they have accomplished much. Buel credits her unusually diversified approach to domestic violence to WilliamDelahunt, tier boss and district attorney in Quincy. She says, "He has allowed me to challenge the conventional notion ofwhat our job is." For his part, he says, "She is the driving force, the passion, the source ofenergy in this office." Adding, "When you have a special employee, you do what you can to keep her." spite of her boss' eagerness to p her in Quincy, she may have already left, since she had plans this past June to move to Austin, Texas, with her fiance. When Buel recently met with two Harvard graduates about a fledgling organization they had formed called the Women's Rights Network, the students complained to Buel that their school has cut funding forlaw clinics. These clinics are needed now more than ever as the public sector cuts back, in spite of a 2L Spends Summer in Poland Student tells of experience at Women's Rights Center by Kristin Greeley, News Editor F2L Kristin Long lived an adventure lifetime this past summer when she spent eight weeks working at the Women's Rights Center in Warsaw, Poland. The Center is the only organization in Poland to deal specifically with legal work for women's issues. The internship was estabhed through Professor Isabel Marcus, and was funded by BPILP and Circles. Each year, Professor Marcus tries to send at least one law student to EasternEurope, usuallyPoland. Additional funds were collected through the sale of Polish the- has also been a large force, both socially and politically in Poland. This has also served to push women's issues from the forefront of attention. I Buffalo. Women's Rights Cena diligent advocate for equal status andopportunities for women and men in public life and within the family." The Center focuses on issues relating to domestic violence, but also deals with employment discrimination, sexual harrassment and divorce. Long says that there are many reasons why womens' issues have not been addressed in Eastern Europe. The main reason is that domestic violence, sexual and employment discrimiare not widely discussed. TradiV, the Roman Catholic Church ■ment, recently coming from the local governments. Obtaining funding for the Center is always an ongoing project. There is only one attorney on staff at the Center. Many attorneys work pro bono. Long'sworkinPoland centeredaround translating brochures and correspondence into English, and compiling material on domestic violence from the United States for future use. One project the Cener is currently spearheads nvolves training ofpolice fficers and judges on how o deal with domestic vioence cases properly. Additionally, Long lelped organize a confernce about the changing leal systems in Central and Eastern Europe as they pertain to women's issues. About seventy people participated in the conference, including representatives from the World Bank, Procter and Gamble, and many Western European governments. The goal of the conference was to help agencies in Eastern and Central European countries gain contacts in the West and acquire models after which to fashion their own reforms. Long says that there are many groups throughout Poland that are working for goals similar to those of the jFrtoDyTSaMlui ater posters at Talking Leaves Bookstore, 3158 Main Street, Wie October 30, 1996 Kristin Long, 2L In addition, there is a general public distrust of the court system. Therefore, people are not as likely to enter into lawsuits as they are in the United States. Also, Poland is a Code Country: there are no precedents regarding novel legal issues such as employment discrimination or sexual harrassment. Accordingly, Long says The Women's Rights Center does not receive much funding from within Poland. Much of their funding comes from the West, especially Germany, with some budget surplus. One of them even chided, "They'll no doubt use the money to put in more rosewood desks." When reminded that the credibility of a Harvard Law degree compels the attention of so many others, Buel responded that, "also pisses me off. People who wouldn't pay attention to me before suddenly hang on every word." The preceding article was written with information found in the May-June 1996 issue of Psychology Today. Kicking, continued from page 1 tion." The Women's Law Center is not as restricted in its client base as NLS of VLP< They take cases from people wifh a income of 125-200% of the poverty level. They do charge for their services, but fees are on a sliding scale basis. Funding for public interest groups such as these has generally decreased in recent years. Less than a year ago. Congress was talking ofcompletely defunding Volunteer Legal Services. Morgenheim explained, "Congress has always been hostile to the impact work we do." Under new regulations NLS can no longer bring class action suits or l>c engaged in lobbying However, this trend has changed in recent months. The NLS received a 1.7% increase to its $2.5 million dollar budget for 1997. Elardo believes that, "The symbolism of this is immense." Traditional sources of funding such as lOLA.(Interest onLawyers' Accounts} and NYS grants have increased also, indicating a promising future for public interest law. Center. However, these groups tend not to work collectively to achieve their goals. If they did, Long says, more progress would be made. Professor Marcus will begin accepting applications sometime this semester from students interested in going to Poland next summer, Long says. Polish theater posters .are on sale now at Talking Leaves to help fund next summer's internship. In addition, the Association ofWomen Law Students is collecting old computer equipment of any sort, books about women's issues, and popular novels for use in Eastern Europe. Donations may be brought to Room 312. For more information, contact Kristin Long, Box #441. ATTENTION CLASS OF 1997! OCTOBER 5 I IJ THE Bflß/BRI ICIIOUIRSIIIP DEIIDUfIE THE HMIHUH AM$ X OSO Off yoi/R B4R/gmi/moN. jro/>gyTf/e»>R/g0 wgi£ I f mfiiisi ; �THE OPINION October 30, 1996 Hallowe'en History by S.A. Cole, Assistant News Editor Brick-or-Treat is here, which means ie for another seasonal melding of Christianand down-home pagan festivity. From the Christmas Tree to the Easter Bunny, conventional American holidays are a blend ofthe old and the new, with All Hallow's Eve, or Hallowe'en, being the quintessential example. The hybrid that is the modern Hollowe'en is a judicious blend of Bacchanalian festivity, All-Saint's celebration, and shrewd business sense on the part of candy and costume manufacturers. To trace the evolution, one must start with theancient rite of harvest festivals. Celebrated from time immemorial (as any good wiccan can tell you), the harvest celebration eventually became the Bacchanal bash of wine and death. Like thevines that produce the wine, Bacchus dies in the fall. Thus, fall is a good time to get drunk and lachrymose about your deadrelatives. At least, that's what the Romans thought (so did the Greeks, but let's not get too Dionesianly pedantic here). kWhat complicated the matter was tendency of the dead to stick around for the party. So in a flurry of pagan utilitarianism, the ancients used masquerade parties to shake it down while simultaneously scaring thedeadback to where they belonged It was a X^ success is West. 4-a The path to MPK Of course, that sort of fun could never last, and eventually the Catholic Church got its hands onthe heathen ritual, turning it into a celebration of the saints honored by the Church. November 1 is All Saint's Day, a holy day in the Church. It was also a time to honor one's own dead (people still got to wear costumes 'cause it was fun) hence, November 2 is All Soul's Day in the Church. - Modern Hallowe'en didn't kick off until well into the twentieth century. Puritans got here first (well, among Hallowe'en cognoscenti), and they frowned on things like excessive candy consumption and dressing up like Satan. So here we are. After centuries of superstitious, worshipful, and dead-oriented activity, you can now dress up like a 9 Efficient and effective. 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ViiilUsiaie ie«uns scrware adds j-,.:iner .limension 10 Wur review, .vieci question! 'used on .iifficuirt |Pc is cpeaSc >übiopics. closely monitor ume ~n nch quesuon iid on 'olal Simulated Bar Exam Test-drive your exam performance. TeS -our endurance andexani- akinc deasion; under ame pressure An opportunity !o ane'une your Bar techniques .md gain :he confidence :h:u !e,ids to success subjecl. Wesfßar Materials The best in bar review. Innovative features show you how ;o aei the mos t |. « l i J out of substantive ouiiines ;n me leisi ume. Icons iabel hot topics, maior rules and ke> areas to lUghliaht for review-. West BIW RciieiC... yol{r par t,wr jn SIICCeSS 1-888-Bar£xam .- 888 227 3926) hHp://www.lawschool.com / ' West Teenage Mutant Ninja Turtle and rot your teeth with Mars bars. Just be sure you check for razor blades in your candy, just like the ancients. What Do You Think??? Please fill-out and return to box 755, or the Opinion Office, 7 O'Brian. 3) Please rate on a scale of one to five (One being more annoying than the senile 85 year old going fifteen miles per houT in a fifty-five mile per hour speed zone in front' of your car when you're late, and five being as annoying as a swarm ofbugs on a nice' summer night.) Ross Perot campaign commercials Local Candidate commercials Tele-campaigning calls during dinner time THE JUNK MAIL Wives of presidential candidates setting fashion trends 1) For whom would you vote?(Please check one!) Clinton Dole Perot Nader The Tick I i ■ a 2) Is mudslinging • necessary part of a campaign. (Y/N) (AKA the color yellow.) Last Issue's Poll Results: 1) How concerned are you on a scale of one to ten about the proposed tuition increase? Out of the 35 students whoresponded to our poll, only three studentsrated their concern level below 4. Thirty two students rated their concern over this issue between 5 and 10, mostly within the 6-8 range. 2) What concerns you the most? Please rate on a scale of one to five (NOTE: Not everyone rated on a consecutive number scale of 1 through 5.) 5 1 2 i icale numbers: I i) i) :) I) :) Current quality of life Paying debts off after school Further tuition increase Ability to obtain financial aid High debt load limiting job choice 5 7 3 3 5 . , :mm:m 4 5 4 3 8 7 9 9 4 4 16 7 8 6 10 11 10 9 7 3) Do you think the tuition increase is necessary? OOPSf Mike Stermcr is a 3L Class Director, Theresa Cusimano was the person quoted in the SBA story, the SBA is located in O'Brian 101, and Pru Fung never confirmed a tuition increase at the last SBA meeting. 8 Alternative candidates debate issues by SA. Cole, Assistant News Editor Earlier this month, presidential candidates from the Libertarian, Natural Law, and U.S. Taxpayers' parties metat the International Center for Economic Justice for a spirited debate and some unconventional stumping. With introductory remarks that outlined their platforms and personalities, the threecandidates put themselves far afield from their two major competitors. The Libertarian, Hary Brown, was for "Individual freedom, personal responsibility, and freedom from government." Dr. John Hegelin, the Natural Law candidate, supported a preventive, pro-active government which uses science and empiricism to address and eliminate the nation's problems. U.S. Taxpayer candidate Howard Phillips campaigned for a country that could "prohibit corrupt conduct without federal interference," and for making the United States the country God intended it to be. While the three men held widely disparate views, each staked a significant part of his platform on a goal shared by the others—drastic reduction in the size and power of government. Commenting on the mainstream debate going on between the parties, Brown, the Libertarian candidate, said, "Bill Clinton says he will hold the growth of government to twenty percent. Bob Dole says he will reduce government by allowing it to grow only fourteen percent. They define smaller government as 'I don't want it to grow as much as my opponent does.'" Natural Law candidate Dr. John Hegelin termed the current system as "a two major See Debate, page 10. Do it Once. Do it Right. NEVER Do it Again. The Power Of Experience �THE OPINION 10 Finley, October 30, 1996 continued from page 1. At 5 a.m., they were given cards indicating their number in line. They stood in line on the steps of the Court from then until 9:30a.m., when they were allowed in the courtroom. Over 200 people were in line; 37 made it into the courtroom. Sekulow and Finley arrived at the Court at about 9 a.m. Sekulow arrived with a throng of people, including a burly bodyguard. He knew many ofthose in line. Molak and McKenna were two of only a few people Professor Finley knew who were waiting in line. Molak was not impressed withthe appearance ofthe Courtroom itself. The wall behind the Justices' bench and the perpendicular walls are draped with dark red velvetcurtains with goldtassels. The ceiling has a GrecoRoman frescoe and a floral pattern. Me Kenna said that the courtroom was much smaller than she imagined. McKenna also said that the environment was very tense. She said that it would have been different if the case were not such a heated issue. "If it had just been some case I didn't know it would have been a different experience," she said. She and Molak sat in the back of the courtroom. At times, it was difficult for them to see what was going on or to see which Justice was speaking. Most spectators sat in pews, but the 37 general public attendees sat in folding chairs. No cameras, recorders, pens, pencils, or paper were allowed in the courtroom. Attorneys arguing before the Court stand behind a podium with a microphone. They see one white light which tells them how much time they have remaining. A red light indicates when their time has expired. Sekulow was first to argue. McKenna says that he had an air of of showmanship about him as he addressed the Court. of physical closeness. Counseling is a private conversation; thus, fifteen feet is too far away. Sekulow also brought up the point that many ofthe escorts wave off the counselors before they get to the women. He also noted that fifteen feet is too far away to show the women literature, especially Bible passages. According to Molak and McKenna, it was fairly obvious that Justice Scalia was trying to help Sekulow along. He asked Sekulow many questions that allowed him to convey his point. According to McKenna, Professor Finley beagan and ended her argument strongly. She presented her argument in a very straightforward manner, McKenna said. needed to be closer than fifteen feet from clinics when they (he and Sekulow) were about fifteen feet apart, and he could hear Sekulow perfectly well. Molak says that many of the Justices' questions for Sekulow were along these lines. Sekulowargued that Justice Scalia began questioning her shortly after she began her argument. His questions were "very pointed, and very, very tough" according to Molak. The Justices' questions foT Finley centered on why these women should be given the protection of a buffer zone. Finley argued that hospitals have quiet zones, and women going to these clinics should be afforded similar protections. The picture of quiet demonstrations that Sekulow painted was not accurate. The protestors, according to Finley, are oftenloud and physically threatening, thereby endangering the health ofwomen seeking medical treatment. After the arguments, the attorneys held a press conference on the steps ofthe Court. Sekulow spoke for a long time, and fielded many questions. Finley, for her part, refuted Sekulow's claim that this case is primarily a First amendment case. She said his characterization of the issue and the nature of the incidents leading up to the case were incorrect. The issue is the fact that women seeking medical services are being harassed and threatened, Finley said. Areception sponsored by theNational Organization for Women followed the arguments. Finley said that shefelt the arguments went well, and that the Justices could have been a lot tougher on her. Molak says she would not want to predict the outcome ofthe case. Molak and McKenna both saidthat it is possible the case will be remanded to the Second Circuit, sincea major part of Finley's argument was that the Court did not have jurisdiction to hear the case. McKenna said that she got the impression that many of the justices hadalready made uptheir minds, and didnot different kinds of conversations warrant different levels seem especialy receptive to Finley's arguments. The Justices allowed him to delve deeply into his argument before they began questioning him. Chief Justice Rehnquist was the first to speak, asking Sekulow to lower his vioce, since he had a microphone and could be heard well. Justice Breyer took this commment as a cue to ask the first question. He asked Sekulow why protestors With Extra Butter...2 Days in the Valley by Kristin Allen and Scott Frycek, Features Writers HIS-There's nothing I like better than a movie that makes me feel like I'm riding Space Mountain at Disney World. That's why, I thoroughly enjoyed 2 Days in the Valley. This sexy, fast paced romp through Southern California will leave you begging for more once you gather breath. The movie centers around the bizarre shooting ofRoy a couple ofcold blooded killers and a pissed off ex-wife (I don't which is worse). Amazingly, the lives of seven people and two dogs become intertwined in this central event. Although at first the viewer feels like this film consists offour separate segues, eventually 2 Days weaves itself into a single masterpiece. There is so much to like about this movie, that I only have enough room to hit on some of the highlights. For one thing, 2 Days has the single most violent "cat fight" I've ever seen. I loved watching Lois Lane take out the voluptuous Viking with a boot to the head. In addition, Danny Aiello's bumbling bad guy routine was hilarious. The scene where he holds the art dealer and company hostage reminded me of several family reunions I have witnessed in my life. The only character that should have been developed more was the detective dude I like to call "the beard." He comes into your life, breaks your heart and then leaves(just like so many ex-girlfriends). All in all, 2 Days in the Valley is a raucous affair. I highly recommend that all you future shysters get away from your books for a while, hop on the roller coaster and ride down into "The Valley." In » Rating: 3 and a half gavels HERS--2 Days in the Valley in one wora is awesome. When I entered the theater I didn't expect more than a Pulp Fiction and in the beginning with its channel g like theme, I figured my expectations were correct. Kabe Surprisingly though, itis action filled, humorous and compassionate. I mean, you have to respect a movie that mentions the dogs in the credits. The movie is composed of at least four different plots which all come together in the end. First, a few words of caution. Don't see this movie with mother. In addition to the excessive blood, there is quite an explicit sex scene with James Spader's character and "Helga" (need I say more). The main plot involves Teri Hatcher's character, a rather bitter Olympic skier who pays $30,000 to have her exhusband killed. I couldn't help but wonder, what would Superman think? But after a rough "cat fight" between Teri and "Helga," I realized that Teri would be just fine without good ole Clark Kent. From beginning to end, whenever Danny Aiello is on the screen you will do nothing but laugh. His interaction with his snotty art dealer hostage will bring tears to your eyes. However, Eric Stoltz's portrayal of a vice cop with a true dream to be a homicide detective was less impressive. To tell you the truth, all that is memorable from his performance is his height. He seems so little in this movie. Jeff Daniels' portrayal of a hotheaded cop who lost his wife, kid and jobdefinitely pulls on the heart strings, but is also truly problematic. By the end of the film, all of the characters lives are resolved but his. You literally wait while the credits are rolling to see if something else happens. It is almost as if the writers left something out. This movie will not change your life, provide you with deep thoughts, or motivate you to save the world. But it is pure entertainment. 2 Days in the Valley simply touches each one of your emotions and leaves you smiling. Rating: 3 gavels Legend 4 gavels = a must see 3 gavels = worthy 2 gavels = if someone else is paying 1 gavel = waste of time and money Debate, continued from page 9 vacuum of government." Taxpayers" candidate Phillips evoked the Revolutionary War. stating that The war of American independence was fought so the people could govern themselves." These were the only similarities. Answering questions with a specificity availiable to those stumping from smaller platforms, the candidates squared off to tackle issues of foreign trade, access to Presidential debates, urban poverty, welfare, and taxes. Phillips quickly announced his intention to climate funding for AIDS research, as he felt such funding supported the "gay agenda." Brown revealed his plan to end wejfare-as anyone would ever know it. Hagelin outlined his fifty-part action plan to revitalize America, with emphasis on prevention and education. The first question asked the candidates their stance on government funds used to aid the development of foreign markets. Brown answered "There is no reason why our government shouldbe. finding markets abroad." He stressed that an open market would preclude the need for government aid in establishing businesses outside the country. Hegelin linked such efforts to special interest groups in Washington, saying that when :ht problem of special interests' influence was quashed, the issue would disappear Phillips said: "Excise taxes arc not covered in the constitutional functions of government." He spoke scornfully ot NAFTA, and said the U.S market must be protected from foreign competition. Continuing this theme, the next question directly adressed NAFTA and how much ofa threat it poses tothe economy Brown played simply stated that one "should be able to make a deal when you want and with who you want." Hegeiin found NAFTA "not overly burdensome." and advocated tree trade; with a few extra seconds, he sketched out his ten percent flat tax. Phillips staunchly deplored tree trade, linking increased drug use in the United States to the 1965 loosening oftrade policies with Mexico. A question about access to debates brought out the difficulty of running on a so-called "third party" platform. Brown took ontlie "wasted vote" argument, saying that a vote for other parties put them on the ballot, and thus sent a message to the nation that things might not always be so bipartisan. True to his policies of less government regulation, he didn't feel that legislation should force access to debates, or limit campaign spending. Hegelin. who hadjoined Ross Perot in his lawsuit to be included in the major debates, felt that government could be used as a watchdog upon itself, with safeguards and regulations ensuring proper representation of candidates. Phillips deplored federal matching funds, saying "the biggest PAC in America is governement," and felt that access should be fought for. not enforced. The questions then turned to poverty and the condition of America's cities. Brown credited the demise of altruism in America to government's efforts to be a great society. Analyzing the problem from its roots, Hegelin did not believe that welfare reform is the answer, but rather the creation of jobsLs. Phillips turnedthe question into a comment on welfare only, saying that "The government has no right to pick our pockets." All this eschewing of taxation was directly adressed as the panel asked which federal programs the candidates would eliminate. Brown began "There's not enough time for me to list the programs I would cut," but then listed a number of education, housing, transportation, crime control, and drug control efforts he would eliminate. Hegelin attacked the question from the rear. "The Natural Law Party doesn't dismantle, we solve the problems these programs were responding to." Phillips used the question to get biblical, asking if he was his brother's keeper, and working his pro-life stance into the answer. The dehate ended with a question about abortion and gay rights Phillips began the closing statments by announcing his desire to end all legal abortion, and reiterated his stance on AIDS research Hegelin answered that most abortions could be prevented by eduction, that he would like to see less of it, and a general effort to educate citizens as thoroughly as possible could make America a more diverse and tolerant nation. Brown announced his own pro-life feelings, but said he believed that government had no business regulating it, "Given the record, the way government bungles things, more regulation of abortion would confuse men into having abortions." �THE OPINION October 30, 1996 W L Cultural Images BAR REVIEW 75% 11 V 7>PJ The Docket of Evil will be held Wednesday, October 30 from 7pm to 9pm in the Student Union, room 145A. Professor Phillip Stevens, Ph.D. and associate professor of anthropology at ÜB, will present a lecture regarding witches, sorcerers, vampires, werewolves and other characters associated with Halloween. Reasons why evil is associated with Halloween and how other cultures represent evil will also be discussed. Announce your group meetings and events. Drop a tine into Box 755. call the Opinion at 645-2147, or send your information via em ail: j\ wturphvOi acsu. buffa 10.edu GIVE 8L00D... IT'S FORA GOOD Volunteers sought by SBA CAUSE UB Law School will sponsor a Blood Drive on Tuesday, November 5,1996 from 1lam to 4 pm in the in the Social Hall of the Student Union. Those who wish to donate can sign up for an appointment at the SBA office (101 O'Brian Hall). Foundation Grant to Aid Students' s Study ofPublic InterestLaw Charles H. Revson Foundaliort has made a grant lo Yew York University School ofLaw for the Charles H. Revson Law Students Public Interest Fellowship Program for the summer of 1997. The program will provide grants for ILs and 2Ls to work withpublic interest law in the New York metropolitan area. Approximately 42 $3,250 grants will be awarded to students attending law School in New York and New Jersey for ten weeks offull-time summer work. Applications and more detailed information wasforwarded to the Carreer Development Office. Halloween Party The SBA and BAR BRI Bar Reveiw are sponsoring a Halloween Party on Wednesday, October 30 starting at 8:30 pm until whenever at the King Snake Lounge on Chippewa Street in Downtown Buffalo. The Student Bar Association will be participating in a program developed by kids Voting USA. This is a not-for-profit organization dedicated to teaching young people the importance of their role in our democracy. Students will cast their ownballots to on Election Day and the results are tabulated just as official results are! The goal is to teach children the importance of voting and to ultimately increase adult voter turnout. It was developed in 16988 by three Arizona businessmen in a subarta of Phoenix. By 1990, the program was adopted statewide and in 1995 over 40 states across the country participated, this year New York State will jointhe programand Western New Yorkwillbe the pilot program for the entire state. To participate in this program, a polling place has been adopted in North Buffalo. Ten to twelve olunteers are needed to help organize and staffthe polling place. This is Only one day in the year. The available shifts are as follows: 6am 9 am, 9am -Noon, 12 pm -3 pm, 3 pm *6pm and 6pm-9pm. Ideally two volunteers are needed for each shift with additional volunteers needed to help at the tabulation center. If you are interesetedin participating in this program, please sign up for a slot on the door of the SBA office (101 O'Brian Hall). Please sign up by noon oh Friday, November 1,1996. If you would like more information or have any questions please call the SBA office at 645-2748. - �ADVERTISEMENT THE OPINION 12 P October 30, 1996 ■! BAR REVIEW H In celebration of EH our 25th year of preparing candidates for the New York Bar Exam, HjBAR/BRI Bar Review invites you to submit essay describing: X ffl ffl ■« ffl jj FD ■L H Entry is open to all students currently enrolled in law schools in New York, New Jersey, Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont. Entrants must submit a 200-250 word essay. describing the most significant legal event of the past 25 years. Hβ . 1C FIRST RUNNER-UP: $1000 $250 Lfl SECOND & THIRD RUNNERS-UP: Ln RUNNERS-UP 5-25: $250 BAR/BRI Bar Review scholarship Lfl ■ B Most Significant Legal Event Of The Past 25 Years $2500 & a FREE BAR/BRI Bar Review m anH] W GRAND PRIZE: Mβ W The LM Lfl Kj course & a $500 BAR/BRI Bar Review scholarship & a $250 BAR/BRI Bar Review scholarship ALL good faith entrants other than the top 25 prize winners will be awarded a $25 BAR/BRI Bar Review scholarship. The Power Of Experience For More Information, Stop by the BAR/BRI Table at your Law School S ffl PC pU wq CW PU Ln LJ ■n ■■ PQ Lfl PL � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/00870ec5ca72b038280b82d7c3754af8.pdf 2fd3fcfa9d4f34a98876b574aab43911 PDF Text Text —————————^-^^^—^^^^— NEWS OP\ED Amy Fisher's Folly, see page 5. Democrats take Buffalo See page 2. J FEATURES I Wine, Women and Song...> $<?<? page 8. Bringing the issues In the students since 1949 THE OPINION Volume 37, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 13,1996 Externships to debut this spring The Jaeckle byKristin Greeley, News Editor This spring, UB Law will be offera ing new course entitled, "Externship in the Public Service." The course is the brainchild ofDean R. Nils Olsen, and will be taught by him. Dean Olsen said he has wanted to offer this course for a while, and began developing it over the summer along with Wendy Irvine. The course grew out ofthe Judicial Clerkship course which Dean Olsen coordinates. For the course, students will work approximately 15 hours per week at one of various agencies in Erie, Niagara, and Monroe counties to earn three credits. All of the placements have been previously secured, so students do not need to go hunting for an agency withwhich to work. In addition, students will attend individualand group meetings withDean Olsen and Wendy Irvine. They must also keep a journal which will be submitted to Dean Olsen. Final evaluations will be done by both the student and the external instructor. The course will be graded on a satisfactory/unsatisfactory basis. Placements include agencies such as the U.S. District Court for the Western District of New York, New York State Courts, government agencies such as the New York State Attorney General, state legislators' offices, and legal service providers. Dean Olsen saidthat the Externship Course, although similar to a practicum, remains very different. The Externship Course is more structured than a practicum. Also, students do not need to find their own placement. Dean Olsen also said that now is a good time to set up this course, since many ofthe agencies where students will be placed have suffered recent significant cuts inresources. Also, studentsare interested in getting experience in the legal profession while still in school. The program helps the law school to become involved in public service. The purpose of the couse, says Dean Olsen, is to give every student who wants it an opportunity to have an externship. See Externship, page 5 Pro-Life group sues for more than just freedom of speech by Kirn Fanniff, News Writer Freedom of speech, equal protection and due process claims are at the heart ofthe UB Students for Life's lawsuit filed against the University. The long expected suit centers around two incidents: the Spectrum's publication last October of an opinion piece by Michelle Goldberg and the administration's refusal last spring to allow the return to campus of a pro-life cross display. The lawsuit specifically names President William Greiner, Vice President for Student Affairs Robert Palmer, Associate Vice President for Student Affairs Donna Rice, andDirector ofStudent Life Barbara Ricotta as individuals and in their official capacities. Laurence Behr, the legal representative for UB Students for Life, stated, "The persons who were named in their individual and official capacities were named that way because people who violate others' individual rights are individually responsible." A major portion of the suit claims the defendants are responsible for the actions of the Spectrum. The pro-life students believe Goldberg's editorial violated the university's Anti-Bias Policy because it was an act of intolerance. According to the suit, theAnti-Bias Policy defines an act of intolerance as "motivated by hatred of the beliefs of the victim." ... The Students for Life believe the passage, "If you see one ofthem showing their disgusting videos or playing with toyfetuses, do your part and spit at them. Kick them in the head. Givethem the name of your therapist," referred directly to their organization andserved to increase animosity toward the group and their opinions. The suit states that the failure of the defendants to take actionresulted in "mental anguish and emotional stress" for the plaintiffs. However, Dennis R. Black, the University's Dean of Students and Associate Vice President countered that Students for Life were given an opportunity to file charges against the two students involved in the newspaper ar- ticle. "The students were charged with violating studentrules andregulations," he said. "However, prior to a formal student-wide judiciary hearing, the parties voluntarily agreed to a settlement offer, resolving the disciplinary case." University Students for Life dropped its case in return for the Spectrum agreeing to publish a one-page, single spaced letter. In the second part of their lawsuit, pro-life students say they were denied the opportunity to hold a conference and erect an antiabortion memorial of 4,400 white crosses. "The Cemetery of the Innocents" was first erected last October, and was the subject of demonstrations before being vandalized and torn down. The suit claims the $4,800 bond the group needed to post for the events was not required of other groups. "Under a previously established 'majorstudents' events' policy, UB projected campus costs ofseveral thousand dollars for the proposed week long display and conference," Black said. The University required the bond because the students could not show financial resources. The $4,800 bond would have cost $500. The claim further states Students for Life were unable to raise money in part because they do not receive funding from the University due to churchSee O lilt, page 5 challenge by Kristin Greeley, News Editor The topic ofthis year's 21st Annual Alumni convocation was: "The Challenge of Change: Keeping Current and Competitive." The convocation, followed by theAnnual Edwin F. jaeckleAward Lun* cheon. was held Saturday, November 2, in the Center for the Aits. The convocation program began withan address from Dean Barry Boyer. Boyer declared the topic of keeping current and competitive one "very near: and dear to our hearts," since U.B. Law strives to remain in step with changes in the legal profession. The first speaker in the convocation program was Jeffrey Freedman, Esq., of Jeffrey Freedman Attorneys, who spoke about marketing and practice developments. Freedman said four things are necessary for successful marketing: defining your audience, planning and executing a marketing strategy, measuring your results and improving your image with other professionals. Freedman said that while advertising and marketing are effective, both are expensive, andrequire patience: "Change iswhat you're left with after you pay your advertising bill," he cautioned. There are also ethicalconsiderations. Although 60% of law firms were marketing in some form by 1993, many lawyers: think they might be compromising their reputation by advertising. "These issues will be around for a while," said Freed' man*"but we are closer to having guidelines." "Ultimately, the responsibility for good lawyer marketing lies with all of us," said Freedman, Maryann Sacomando Freedman, See Awards, pageS Phot by Sami Manirth 3L David Pfalzgraf sits at the Kids-4-Voting table. �2 THE OPINION Terry McNamara November 13, 1996 BUFFALO CHIPS Columnist County Democrats celebrate victories The faithful of theDemocratic Party gathered in the atrium of the Ellicott Square Building Tuesday night to celebrate their wins in both the close and not-so-closeraces ofthis year's political season. Volunteers were genuinely excited when they learned that their long hours of hard work had finally paid off. They also offered words of encouragement for the not-so-lucky. The big story ofthe night was Frank Clark's (D,C,I) victory over Assistant State Attorney General Russell Buscaglia (R,F) for Erie County District Attorney. Surrounded by every candidate in the room and withthe crowd howling, Clark thanked and acknowledgedretiring DA. and State Supreme Court Judge-elect Kevin Dillon as his teacher at the podium. Clark also commented that "...as this race got closer to the end, I would close my eyes and say to myself 'honesty, integrity and character wouldcarry the day.' And you know what? It did." Analysts across the area hadcommented that both candidates were highly qualified forthe position, leaving the county' s voters in a win-win situation. The only criticism of the race centered around a series of negative television ads waged byBuscaglia's team misrepresenting the DA. 's office's handling of the Robert Delano (Parks Commissioner under ex-Buffalo Mayor James Griffin) and the Sly Green (alleged drug ring kingpin accused of ordering murders from his prison cell) cases. Kevin Dillon broke a tradition of nonpolitical decorum by judges and judicial candidates in personally refuting the allegations of mishandling in themedia. This year'sDA. race was the most expensive ever, with estimates over $500,000 for total spending by both candidates. Buscaglia's campaign raised questions over thelarge amount of donations by assistant DA's currently working in the office, given background of Republican State Attorney General Dennis Vacco's firing of many of the office's prosecutors shortly after taking office two years ago. Most of these prosecutors were hired under Democratic tenure. In another legal victory for the Democrats, City Court Judge GeneFahey (D,L) unseated Batavia's State Supreme Court Judge Glenn Morton (R,C,RTL) in his reelection bid this year. Fahey beat incumbent Morton by over 85,000 votes across eight Western New York counties, gaining most ofhis support in the urban Erie and Niagara Counties, while losing ground in Morton's home Genesee and the other rural counties. The exception was rural Chautauqua County, withFahey edging out Morton by 600 votes. In stump speeches to entirely Democratic audiences this season, Fahey had praised Morton's intellect and judi- rial abilities, drawing the distinctionbetween their backgrounds, Morton's be- ing primarily rural and Fahey's urban. Fahey's career, before moving to the City Court Bench had involved serving as Majority Leader of the Buffalo City Common Council, and also running an unsuccessful bidfor the Mayor's office. Kevin Dillon(D,R,C,L) moved unopposed from his position as Erie County DA. to the New York State Supreme Court, polling just under 500,000 votes across Western New York. From the very beginning ofthe campaign season, his victory was never in doubt, since he was supported by all four major parties in the state. While speaking to the Frontier Democrats, one of the area's local public service clubs, this season, Dillon commented on his perception of the District Attorney's role in society. He related a story about his response to people who asked him if he enjoyed his job as DA. His response was that no one should ever enjoy such a job, because itpoints out thefailure of a society to provide properly for its citizens' welfare. He said he believed that to take pleasure in the job would be ill-spirited. Rather, the jobis afunction that is necessary in the society, but not one to be relished. In the Erie County Legislature, one race ofinterest was a special election for the Tonawanda - North Buffalo seat. Democrat Lynn Marinelli defeatedRe- Hey John, signed up for another bar review course my first year of law school and put $75.00 down. Now it's time for the New York Bar Exam and my friend told me I HAVE TO TAKE PIEPER TO PREPARE FOR THE EXAM! ! ! "Is,- it too late to switch? I At Pieper it is never too late to switch! Pieper will gladly credit up to $300.00 placed on another course and all you have to do is show us proof of payment!!! PEEPER NEW YORK-MUETISTATE MR REVIEW 1-800635-6569 publican Brian O'Bannon by a 55/45 margin for a one-year term until next year's general election for the entire Legislature. Marinelli fought a long battle, first having to unseat James DeMarco inSeptember's primary, draining much ofher finances for the general election. DeMarco had been appointed to the seat when longtime Legislator Len Lenihan retired, possibly in retaliation against Marinelli for supporting County Executive Dennis Gorski in last year's primary. During theprimary, both Marinelli and DeMarco campaigned as working in thetradition ofLenihan, an extremely popular man who became the county's personnel commissioner when he retired. In the general election, Lenihan openly endorsed Marinelli for his old seat. Her experience before this office has included working for West SideGrand Island Assemblyman Sam Hoyt, and Len Lenihan himself. She was on unpaid leave as Executive Director of the County's Commission on the Status ofWomen during this year's campaign. In Amherst, Town Clerk Susan Grelick became the first woman and only the fourth Democrat ever to win the Town Supervisor office. She defeated Republican County Legislator William Pauly by just over 5,000 votes, See ChipS, page 5 �NEWS BRIEFS November 13, 1996 THE OPINION 3 BRIEFS... In and Out of the University Local News Across the U.S. WISCONSIN HAS WINNERS WITH "666" Oddly enough, the Wisconsin Daily Pick 3 Lottery number on Halloween was "666." According to a passage in the Book of Revelations, the number 666 is used as a cryptogram for a beast that is often associated with the devil. "This is frightening to say the least. This is the devil's night out, and we want to be politically correct here in Wisconsin," said Mark Bugher, Wisconsin State Revenue Secretary. The odds ofwinning the lottery were one in one thousand. Winners receive $250 or $500, depending on how much they bet. The lottery paid out about $178,000 to 436 winners that night, about 4 1/2 times the daily average. WOMAN GUILTY OFDRIVING TEEN TO ABORTION Last week, a jury in Latrobe, Pennsylvania, found 39-year-old Rosa Hartford guilty of interfering with the custody of a minor because she drove a 13 year-old-girlacross state lines in order to receive an abortion without her parents' consent. The conviction could get Hartford 7 years imprisonment. The teen was impregnated by Hartford's stepson. She drove the girl to a clinic in Binghamton, New York, for the abortion. Pennsylvania law requires a 24-hour mandatory waiting period before an abortion and that women under 18 have a parent's consent. New York has no such restrictions. The prosecutor in the case said that it was not about therights of women, but rather about the rights of parents. "We never considered this case to be a challenge to abortion rights. We considered it to be about the rights of a parent," he said. HILL RESIGNS Anita Hill, whose allegations of sexual harassment dominated the U.S. Supreme Court confirmation hearings of Justice Clarence Thomas, resigned last Wednesday from her position at the University of Oklahoma Law School. The reason she gave for her resignation was that she wants to work in an "uncompromising" academic environment. The resignation was accepted unanimously by the University Board of Regents and takes effect at theend of the fall semester. Regents Chairman G.T. Blankenship speculated that Hill has plans for research and a book tour. Hill was unavailable for comment. PEPPER SPRA V NOW LEGAL On November 1, New York became the last state to make pepper spray available to its citizens as a personal defense mechanism. The new law makes it legal for anyone over 18 without a felony conviction to carry pepper spray. When purchasing the spray, buyers must produce proof of age and sign a statement indicating that they have had no felony convictions. A limit of two, 3/4-ounce cans of the spray may be bought at one time. The can's appearance may not be altered. If the spray is usedfor anything other than self-defense or if the buyer provides inaccurate information about his or her felony status or age, they will face misdemeanor charges. The spray costs about $8-$ 12 per personal size can. GMA T CHEA TING RING BUSTED Po Chieng Ma of El Monte, California was charged with two counts ofmail andwire fraud. His company, The American Test Center, charged west coast students up to $6,000 for pencils specially encoded with the test answers for the Graduate Management Aptitude Test. Test takers from the East Coast would take advantage of the three hour time difference to call in the answers to California for waiting test-takers there. The ring was busted by U.S. Attorney, Mark Godsey and an undercover cover postal inspector posing as a student taking the GMAT. No decisions have been made on how to deal with students currently in business school who cheated on the GMAT. JUDGE APPOINTED TO STREAMLINE MATRIMONIAL LITIGATION Chief Judge JudithKaye and Chief Administrative Judge JonathanLippman recently announced the appointment of Justice Jacqueline Silbermann as the first administativejudge for matrimonial matters. Justice Silbermann assumed her new duties on November 4. She was appointed to the position after Kay and Lippman consulted with the Presiding Justices ofthe Appellate Division. Justice Silbermann's duties willincludefocusing and coordinating the court system's efforts to manage matrimonial litigation in New York State. She will focus on streamlining the process of matrimonial litigation through the use of alternative methods of dispute resolution, and the active and early participation by judges in the cases. Justice Silbermann has been the administrative judge of the Civil Court ofthe City ofNew York since 1989, and is currently chair of the Committee to Track the New Matrimonial Rules. Justice Kaye said of the appointment: "Matrimonial litigation is a critical and often traumatic moment in the lives offamilies and children. STANFORD STUDENTS AGAINST U.S. NEWS AND WORLD REPORT RANKINGS A new student group at Stanford University, the "Forget U.S. News Coalition," wants the magazine£/.S. News& World Report to stop its annual ranking of U.S. colleges and universities. Nick Thompson, founder ofthe organization, wants the University to stop providing information to the magazine. The group addresses the concern of many in higher education: that the rankings are arbitrary and have more influence than they deserve. The group contends that Stanford has made many changes in order to increase its ranking by the magazine. Stanford administration denies these allegations. The students have solicited help from students at about twenty schools around the country, includingl/.S. News' top five: Harvard Yale,Princeton, Duke, and the Massachusetts Institute ofTechnology. Stanford was ranked sixth. "If all these top schools refuse to send their data, that will discredit U.S. News & WorldReport, " Thompson said. NIAGARA FALLS MAN CHARGED UNDER MEGAN'S LAW James R. Garbutt, 44, of Niagara Falls, was charged last week with failure to register with the Niagara Falls Police Department and two counts offailure to report an address change since he was released from Groveland Correctional Facility on July 7. Under "Megan's Law," sex offenders who are on parole or probation are required toregister withlocal law enforcement agencies and must tellpolice when they change addresses. GaTbuttwas convicted in 1992 of first degree sexual abuse for having sexual contact with a girl less than eleven years old. "Megan'sLaw" is named after 7-year old Megan Kanka ofNew Jersey, who was raped andkilled in July 1994 by a neighbor. The neighbor was a two-time sex offender who had moved in across the street from Kanka's family with two other sex offenders he had met in prison. Garbutt pleaded innocent to the two misdemeanors and felony charge. "I believe these are the first Megan's Law violations we've had here," Police Detective Alan Brooks said. UB News CASH FOR LA W STUDENTS UB Law School graduate Ross Cellino (Class of 1956) and his wife Jeanette, of West Seneca, have made a donation to the Law School through a $116,000 charitable remainder trust. The funds will be used to establish theRoss and Jeanette Cellino Scholarship fund. The scholarship will be donated anually to academically qualified, firstyear law students who demonstrate significant financial need. Residents of Chatauqua and taraugus counties will be given prefer:e. The scholarship will be renewable :r a three year term, as long as the ipient retains good academic standing. t WOODY WOODPECKER TO ACT AS AN INTERNET GUIDE Matsushita Electric is promoting a new Japanese PC targeted at the Internet. Panasonic has developed a complete Japanese web browser, and to make the sys- tem "user-friendly", licensed the cartoon character "Woody Woodpecker" as the "Internet guide." Panasonic eventually planned a world version of the product. A huge marketing campaign was to have introduced the product in Japan last week. The day before the ads were to be released, Panasonic suddenly pulled back and delayed the product indefinitely. The reason: the ads featured the slogan "Touch Woody-The Internet Pecker." An American staff member at the internal product launch explained to the stunned and embarrased Japanese what "touch woody" and "pecker" meant in American The preceding briefs was gathered from informationfrom Spectrum, Buffalo News, Buffalo Law Journal, Newsweek, and the Chronicle of Higher Education. Fisher fenangling folly by Sarah Braen, News Writer Amy Fisher, who was serving her sentence for shooting her former lover's wife, Mary Jo Buttafuoco, appeared last month for a hearing in front of Judge Arcara in theUnited States District Court for the Western District of New York. She wasrequesting to be moved from her current prison location to another. Ms. Fisher claims that she had been [sexually harassed while in her current I facility. Some of her proof included i underwear stained with semen she alleges came from a guard who forced her to have sex with him. She also claimed that she was given a sexually explicit nickname and was sought out for harassment. An inmate friend of Ms. Fisher also I testified at the hearing, but showed another side of the story. She told of how prisoners have much more freedom than they ate supposedly allowed, even the freedom to have sexual relations. She also said that this freedom was what allowed Ms. Fisher to develop her "plan." This "plan" was to create enough "evidence" of her harassment that she would be moved to another facility where there We even ft rules and she had a chance of "getting out early." The best way to get this evidence was to have sexual relations with guards and claim rape, as she was supposedly "under their control." Some observers were shocked at the fact that inmates could even have sex while in prison. "I thought that inmates were watched at all times, when would this kind of thing happen?" was the main questionfrom one ofthe younger observers. Others were surprised that the interactions of inmates and guards were not well monitored. Some people were not sure whether to believe Fisher's allegations. However, since there was very little question that many ofthe incidents raised in the hearing did occur, the question that was left to decide was not only "should we move this prisoner," but "should we take a deeper look inside our prisons?" J �EDITORIAL THE OPINION 4 OPINION Volume 37, No. 5 Founded 1949 @fe November 13> 1996 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor Scott Bylewski Kristin Greeley Jill Ann Baer Sami Manirath David Leone Rochelle Jackson Assistant News Editor: SA. Cole Senior Editors: Samuel S. Chi, Steven Bachmann Dietz, Len Opanashuk The Opinionis a non-profit, independent, student-owned andrun publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of theState University ofNew Yorkat Buffalo School ofLaw. Copyright 1996 by The Opinion, SBA Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editor-in-Chiefand piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe mailed \oThe Opinion, dropped offunderThe Opinionoffice door(7 O'Brian Hall), orplaced in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and ona computer disk (IBM-WordPerfect 5.1). Letters are best whenwritten as a part of a dialogue and must be no more thanone page. Perspectives are generally opinion articles concerning topics ofinterest to the lawschool community and mustbe no more than two pages single spaced. We reserve the right to edit anyand all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disksto your campus mailbox or to a private mailbox ifa self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Clinton, the wonder years On Friday, November 8,1994, B.C. (as opposed to BD), our stalwart leader came forth to let the American people know what he has in mindfor our country, places that aren't our country, and those few people in Indonesia who can afford to buy him off. Look through the press conference transcript in the Times if you don't believe this, but it'sthe darn-tootin' truth: he has nothing in mind for anyone. Yes, folks. This is a presidency about nothing. Maybe Clinton should have tapped Jerry Seinfeldfor new Chiefof-Staff instead of Erskine Bowles. Granted: After months of the frenetic sucking-up we call campaigning these days, Clinton has a right to put his brain on ice and watch a few hours of Must See TV. However, thelast thing you should do when your brain is ready for a few laffs with the "Friends" is hold a press conference. Like Bill, you end up coming off as a weird hybrid of Chandler and Phoebe. If it seems like there's a disproportionate amount of sit-com referencing in the last few paragraphs, think about what all of us were doing instead of watching the debates. Clinton kicked off this wing-ding with the media by thanking the American people "for the honor they have bestowed upon me and the responsibility they have once again placed in my hands." Personally, we would have been impressed if he added, "And sod on all you louts who made it a hollow victory by not bothering to vote at all." However, this sort of forceful chastisement would obviously be at odds with his vacuous agenda. Moving on...observe this deft ma- neuver ofactive inactivity. "I am inviting the bi-partisan leadership of Congress to meet with me next week, here at the White House, to discuss how we can develop a plan together to pass a balanced budget and to keep our economy going." All those verbs, but what does it amount to? A bunch of guys are going to drink coffee and talk about when and how they're going to talk about developing a plan to finally get something done. This seems a bit abstract. Envision: Newt: (Sip) So, Mr. President, when do you think we can get together to draft a plan on how we're going to draft a plan to plan to balance the budget? Bill: Whoa, slow down, you're making me dizzy (Sip). Give one sixth grader a calculator and absolute power, and we'd probably have the budget balanced in the amount of time it takes a kid toreach the threshold of Nintendo withdrawal. Granted, he'dslash education, but that'll probably happen anyway. Speaking of slashing, there was the little issue of campaign reform, which Clinton can now embrace withoutthefear ofhaving to adhere to hisreforms. Stating that he is fully behind the McCainFeingold bill, Clinton challenged the Republicans to assume a similar stance. However, he also noted that the Supreme Court probably would squash any federal limits on campaign spending. Using the word bi-partisan like an adolescent who has discovered a new curse word, Clinton evoked a feel-good image ofRepublican-Democrat miscegenation at every turn. Every issue was depicted with a "come one guys, why can't we all just get along?" plaintivity that makes one fantasize about walking into a Dem-Rep gang war to thwart Clinton's vision of Disney politics. Social Security, Medicare, education... everything became dependent on the heartwarming solidarity oftraditional enemies. More smoke and mirrors. More nothing. So it's all boring. We need more presidents like Nixon. November 13, 1996 LETTERS TO THE EDITOR Defending the honor of NYC To the Editor: Hey, I am just as swamped with work as anyone else at school, but when it comes to responding to comments such as the one Iread in GregMattacola' s "Follies and Fumbles" column (October 30, 1996), I feel it's worth my time to speak up. I am specifically referring to Mr. Mattacola'sremark regarding the"cockroaches of [the Yankees'] crack ridden, pollution infested home". Is he referring to Yankee Stadium itself, the immediate vicinity, or the Bronx as a whole? Regardless of the answer, from someone who grew upand stillmaintains a "home" and family literally 8 blocks east of the Stadium, I fail to take such an observation lightly. I also don't understand the purpose behind the description, but it is apparent that Mr. Mattacola's license for free speech is getting a bit too close for comfort. It is comments like this one that encourages people who are not from the New York City area to quickly judge us proud New Yawkers as something that we are not. It's hard enough for law students from downstate to get acclimated to the slower-pacedBuffalo area. The challenge is made even more exacting when we have to thwart the preconceived notions already placed on us when we say we're from the South Bronx, Harlem or any other stigmatized NYC neighborhood. I am not denying the fact that cockroaches and crack exist in the Bronx, but I am saying that, phrased in a way as Mr. Mattacola tastelessly did, his comment is easily construed to the closeminded as saying that we are dirty junkies, for example. Two questions for you Greg: Have you even bothered to meet and chat at length with someone from this nook of the hood? There are quite a few of us right here at UB Law, and doing very well I might add, breaking stereotypes as we go. And my next question: WHEN did YOU actually SEE crack so strewn about down by the Stadium as to qualify the validity in your comment? In my 27 years there, I have yet to see such a jamboree going on. Crack-ridden? I think not. When you decideto live in the South Bronx for a while and live the stories that you hear, then we'll talk. Now, as Mattacola says,"... unfortunately, [t]he Yankees have refused to die or go away..." OK, he'sentitled to - his choice of teams too bad his choice is based on the negative personal traits of the players, as he so succinctly depicted in the article, and not the athletic prowess thatis displayed, or 1ack thereof. I feel loyalty to one's home teams is largely inherent, but to choose to dislike a baseball team based upon the mediaglamorized focus on its dysfunctional players is at best pathetic. That takes away from the fun of watching baseball, but no matter what their private lives are about, ifthey play well, I'll be proud to wear the cap. The Yanks and the Home that Ruth Built have gainednotoriety that go beyond the internal strife that apparently has not stifled them. Fortunately, comments like Mattacola's won't kill their perseverance, but unfortunately add another brick to the wall that their neighbors must repeatedly tear down, no matter where we go. I suppose I can sum up my point here like this: native New Yorkers can easily make a hasty Buffalo Bills comment coupled with stereotypical uninformed Western New York critique, and justly get condemned. But those of us who may have such an opinion elect not to express it, perhaps because werevere your local pride, and perhaps because we have more constructive things to do with our time. Hector Francisco Chavez, 3L Editor's Note: Sarcasm is a litertool that Mr. Mattacola liberally ary and anyone reading his column uses, should keep that in mind. Anyone who wishes to write a column, like the one written by Mr. Mattacola, for the Opinion is encouraged and welcomed to do so. Our next deadline is November 20th at 5 pm in Box 539. Tell us your opinion! If you have an opinion on anything published «n ournewspaper or on any current events topic that concerns the law school community, write to The Opinion Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednoday before we publish in box 755. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPorfect $.\ format). Bff QpMftn, reserves Hie right to cdh any and all submissions as necessary; we will not publish any unsigned submission-. Send your submissions to The Opinioo office or place them in box 755. �NEWS November 13, 1996 Awards, cont'd from page 1 Esq., spoke next, addressing atrendamong lawyers for changing employers and areas of specialization. Among her observations, Sacomando Freedman noted that many lawyers are changing from private to public practice to increase their job security. Others do not feel theyfit in with the "firm psyche," or find their position too stressful. Sacomando Freedman said the most important aspect of making a legal career change is knowing and being known by your legal community, since most changes are made through oral communication. In order to change theirpractice area, Sacomando Freedman says lawyers must learn as much as they can about that area, through otherlawyers and ContinuingLegal Education Programs. Since there are over a million lawyers in the U.S., a new practice area must be chosen carefully. Certain areas, such as elder law and environmental law, are currently "hot" areas that lawyers may expand into successfully. Dan Kohane, Esq., then spoke about Computer Technology. Many courts are moving towards electronic communica-. tion and filing of documents, and Kohane stressed that comprehending this use remains vital to lawyers. Internet access is also a necessity; many state Supreme Courts, 37 state codes, and all federal Circuit Courtrecords, among otherthings, can befound ontheInternet for about $ 15-$2O per month. Advising firms to "do it now...start looking into the future," Kohane saidthat firms must inventory and update their technology, training all attorneys on their use. Future updates and access should be part of a firm's budget line. The fourth speaker was Joel A. Rose, of Joel A. Rose and Associates, a Law Office Management Consulting firm. Rose said that in the past, law firms were sucessful despite their lack of management. This was true untilthe late 1980s. Since then, many disturbing trends have surfaced such as maintaining clients, cash flow problems, and retaining associates. Rose said, "like trees, law firms begin to die from the top down." The problem lies with the lack of a management team, the reluctance of managers to do their jobs, or attorneys unwilling to hold W f i I I We want to hear what you have to say...Tell us what you think... Send a letter to the Editor. We're located in Rm 7 O'Brian Hall. con't from page 1 j J MSaanirmthi concept." Next, Hon. Joseph J. Traficanti, the Deputy Chief Administrative Judge for courts outsideNew York City, spokeabout government regulation of lawyers and lawyering. His main point was that while the profession has become a business, lawyers should think of lawyering as a public service. Traficanti was also concerned about the tarnished image of the profession and the lack ofcivility among lawyers. The final speaker ofthe morning was Paul Ivan Birzon, Esq. Birzon gave a systemic view of the changes in the profession. In an analogy to biology, Birzon said, "the survival of every living organism depends on its ability to adapt," and that similarly, "the profession must adapt and find new ways ofresolving conflicts." He suggested mediation and other alternative dispute resolution methods which would free up the court dockets and resolve conflicts more quickly. The AwardLuncheon Ceremony began with Temarks by Phillip Brothman, Esq., President of the Law Alumni Association, and Dean Barry Boyer. After lunch, Hon. M. Delores Denman gave her remarks about working with Justice Green. The award was then presented to Justice Green by University President WilliamR. Greiner. In his acceptance speech, Justice Green said, "I really don'tknow what I've done to deserve this." He made a point of recognizing the people who have helped him during his lifetime. To ensure that this happens, there are about 70-80 placements available this spring. The course will also be offered over the summer and in the fall. First year students are eligible to participate in the summer after their first year. Students received a listing of the agencies and the registration packets in their mailboxes on Monday, November 11. The applications must be returned by November 25. Students can stale their preference for an agency and geographical location. Then, they will receive a placement, and will have the opportunity to reject it. Participation in the Externship course will not affect current second and third year students' eligibilty for practicum credits. Beginning with the class of 1999, however, students may take either the externship course or do a practicum, not both. Dean Olsen says that ultimately, the school will have one or the other. "The course is something new that hopefully, the students will find useful," Dean Olsen said. 5 All Work and No Sleep? each other accountable for irresponsible conduct. Rose said that management decisions are often difficult to make, since they address issues such as accountability, income, status, and the orderly succession to power withinthefirm. In general,every firm, no matter how small, needs management, according to Rose, and "management should not be a dirty word or a dirty Externship, 1 I 1 THE OPINION by Phot Tired ofstudying or too tiredto study? Exhausted student naps in theLaw Library Have a safe, Happy and filling Thanksgiving Holiday. Suit con't from page I stateseparation. Yetassociations of Jewish. Muslim, and Hindu studentsreceive funding. Black explained that government and student organizations at UB are funded by a student activity fee. Funds are managed by students under broad guidelines He continued, "therefore, student organizations' management and financial decisions are made by students, not the University." In addition to seeking funding and equal protection for pro-life students, the lawsuit also seeks attorney's fees, punitive and compensatory damages, and the ability to demonstrate and conferences by the plaintiff without posting more than a nominal bond. "People everywhere confuse what they read in the newspapers with news." —A.J.Liebling Chips, cont'd frompage 2 margin with 94 percent of the polls in. Grelick ran a campaign emphasizing the need for rethinking town policies toward expansion in population, government services and infrastructure. Industrial development, traffic congestion and future planning have become major issues for the town as it has grown incessantly over the past decades. or a Vampires suck up to UB Law MSaanirmthi by Phot SBA Parlimentarian and 3L Pete Thompson giving blood. �THE OPINION 6 ADVERTISEMENT/ FEATURES November 13, 1996 QUESTION: IF BAR REVIEW COURSES WERE LAW SCHOOLS, WHICH ONE WOULD YOU GO TO? (HIM: BELOW, SUBSTITUTE THE WORDS "BAR REVIEW COURSE" FOR "LAW SCHOOL") " ' in '••• I, ri A. A NEW YORK lAW SCHOOL WITH A25 YEAR PROVEN TRACK RECORD OF SUCCESS WITH 13 FACULTY MEMBERS WHO HAVE TAUGHT FOR AN AVERAGE OF 15 YEARS FOR THE SAME NEW YORK LAW SCHOOL B. A NEW YORK LAW SCHOOL THAT JUST OPENED IN 1996, HAS NO TRACK RECORD AND HAS ONLY 3 FACULTY MEMBERS WHO TAUGHT IN A The Power Of Experience Protecting your automobile ...With Extra Butter by Kristin Allen and Scott Frycek, Features Writers by Alex Suchomski of Koerner Ford, Special to the Opinion Ere are many automobile protecng offered on today's market, ust protection and exterior paint protection. Rust is applied to all vehicle inner panels and underbody panels. These contain many hidden areas that are vulnerable to rust, since they arc areas that can't be seen on occasional visual inspections. This is due to inner panels having less paint on them, thereby causing them to retain condensation and, thus, being more prone to rust over time. If you choose to use rust protection, there are certain things to look out for. First, find out what materialis being used. Second, ask how experienced the technician is applying the protection. Third, obtain assurance that thejob will be done as is intended- for maximum protection. Exterior Paint Protectionaids in protecting your vehicle from having an early deterioration of paint finish caused by salt on the roads. Professionally applied paint protection finish is fine. It will protect the vehicle from early rust damage, tree sap, bird droppings and expo- HIGH SCHOOL HIGH Hers protection, there are certain questions to ask before doingthejob. First, what is the woeess ofapplication. Second, what are xc type ofcompoundsbeing used (i.e. the wand name). Third, how much experience does the applicator have in using exterior paint protection. Paint protection does not last forever, The process must berepeated antrully. It isrecommended to take advantage f free follow up inspections However, you may be charged upto one hour of labor for the follow up "You Suck!", shouted the old, disgruntledHigh School Highlibrarian. "This Movie Sucks", shouted the wise Opinion movie reviewer. Well, I just don't know where to begin withthis meager attempt at a feature film. While watching this film, I actually wished for a commercial so I could be entertained. Want a plot summary? Well,it is not really necessary due to its extreme predictability, but if it will discourage anyone from seeing it, I will oblige. Mr. Clark, portrayed by Jon Lovitz, is an idealistic high school teacher who chooses to quit his cushy job at a private high school and venture to Barry High, where the students pass through metal detectors to go to class. Needless to say, Mr. Clark transforms the school into a pristine learning institution, encourages the students to go to college, and turns the area strip joint into a Shakespearean the- I Rust proofjgandpaintpro~ *ction are of ttle use to vehicles not washedregularly (at least once a week). The un~ derbody and wheel wells must i be washed until the hose water Also, the seam area of the lower doors must be cleaned. Make sure the ! drain holes ofthe doors back panels are clean. Otherwise, dirt and moisture will Id up, thereby increasing the risk of iditional rusting. Finally,remembering to take care of >ur car the old-fashioned way will ex- { nd the life of your car and save you J | money. In ; ater. As much as I disliked this movie, I will admit that it did make me laugh once or twice. Then again, I am not really sure if it was because of the humor, or the fact that it's mid-semester at law school and I'm justplain tired and silly. Should you see it? NO. Should you rent it? Sure. This way you can shut it off and watchbowling J or Scott's (my co-reviewer) unruly hair grow,which will surely be more entertaining. His Originality- 1. the quality or condition of being original. 2. the ability to be original, inventive, or creative. i got news for ya folks, High School High is neither original, inventive nor creative. I don't know whothe clowns are that produced this farce, but I'll bet they are the same idiots who brought us such "classics" as Naked Gun I-XLV and Air- plane 1-XIX. It's funny what thoughts float around your head when you watch movies. With this film, I kept thinking about all the things I'd rather do than watch it. The underlying premise of High School High involves a starry-eyed teacher's attempt to save some of his inner city students. Saving them from what I'm not sure. Maybe it's from themselves, or then again it could from their crank injecting, gender-bending principal. Whatever the case may be, Mr Clark scores with Tia Carrere, so he must be doing something right. i personally found the movie to be disgustingly replete with racial and gender stereotypes. The whole idea of a white teacher being a hero in the wrong neighborhood is tiredand pathetic. But it seems to me that tired and pathetic are two ideals that the producers strive for in High School High. The only thing I liked about the movie was the physical comedy of Jon Lovitz. All things considered, though, I' d probably have just as much fun pushing Kristin (my co-reviewer) downa flight of stairs in O'Brien. Do us all a favor and drop-out of High School High. His and Hers Rating: 1 gavelwaste of time and money fe �November 13, 1996 FEATURES THE OPINION 7 MOOT PAGE Buffalo Moot Court holds its Charles S. Desmond Memorial Moot Court Competition by Melissa Hancock & Christopher S. Nickson, Special to the Opinion The Buffalo Moot Court Board held its 10thAnnual Charles S.Desmond Moot Court Competition, with preliminary rounds on October 29th, 30th, and 31st, quarter and semi-finalrounds on November 1, and finals held on November 2 in theCeremonialCourtroom at Erie County Hall at 92 Franklin. This year's competitors argued the case of Michael Murphy, Petitioner, versus The United States of America, Respondent. The topic of the Desmond Competition was Pornography on the Internet, raising issues of proper venue for prosecution ofthe crimeand the validity ofregulations of the speech rights of Web site creators. In all, 39 teams competed in this year's competition(78 totalparticipants). The Buffalo Moot Court was honored to have, as the final round panel of justices, five members of the Appellate Division, Fourth Department, including the Honorable M. Delores Denman (Chief Justice of the Fourth Department), the Honorable Leo Fallon, the Honorable John Doerr, the Honorable Reuben Davis and the Honorable David Boehm. The final round competition pitted Steve Laprade and Craig Hurley-Leslie on the Petitioner argument and Brian Eckman and Kathryn Lee on the Respondent argument (off-brief). In the end, the team ofEckman andLee wonthe competition with a unanimous decision of the panel. The Fourth Department expressed its sincere admiration of the preparation of the competitors, the quality of the problem/bench memorandum, and the organization of this year's competition. The Executive Board of the Buffalo Moot Court Board would like to extend its thanks to all the competitors, to this year's Senior Board for all their efforts, to all of the greater than 150 attorneys from the area who judged the preliminary rounds, to the faculty members who judged, Deans Boyer and Carrel, and a special thanks to Barb, Gloria, Marie McLeod, and Terry McCormack. The Competition was a truly impressive reflection of the high caliber of talent at the UB School of Law, both in written acumen and oral advocacy. • • • • \ • Congratulations \ to all Desmond • Moot Court Com- \ petitors for their \ hard work and on • a job well done. \ 1997Desmond Moot Court Board Associate Members 1996 Charles S. Desmond Memorial Moot Court Competition Results Champions: Kathryn Lee and Brian Eckman Finalists: Steve Laprade and Craig Hurley-Leslie Semi'Finalists: Brian Snell and Angela Zwirecki Greg Mattacola and Stephan Clar Quarter-Finalists: Amy DuVall and Rita McKenna James Hanlon and Jessica Desany Class of 1998 Jessica Desany Amy L. DuVall Brian Eckman Ted Eder Darcie Falsioni Kathleen Garvey James Hanlon David Hutt Thomas Kent Patrick X Maker Gregory A. Mattacola Rita M. McKenna Julie Meyer Jennifer Noah Melanie Peterson Jeffrey S. Reese Scott Riordan Jennifer Ruppel Adam Siegfried Brian Snell LourdesM. Ventura Angela A. Zwirecki Class of 1997 Greg Miller and Bill McDonald Adam Siegfried and Ted Eder Best Oralists 1) Darcie Falsioni 2) BUIMcDonald 3) Craig Hurley-Leslie 4) Angela Zwirecki 5) Greg Mattacola Best Brief 1) Steve Laprade and Criag Hurley-Leslie 2) Brian Eckman and Kathryn Lee 3) Adam Siegfried and Ted Eder 4) Julie Meyer and Bonnie Meyers 5) ThomasKent and Scott Riordan CHAMPS! MSaanimrtih Craig Hurley-Leslie Steven Laprade Kathryn Lee Bill McDonald Gregory Miller by Phot Kathryn Lee and Brian Eckman �FEATURES THE OPINION 8 November 13, 1996 W COURT ATCH Campaign contributions as free speech by Steven Bachmann Dietz I thought I'd do something a little different this issue and share an article I read recently in the October 17, 1996, issueNew YorkReview ofBooks. It is one ofthe best critiques I'ye read ofBuckley v. Valeo and its progeny, including last term's Colorado Republican Campaign Committee v. FEC. 116 S.Ct. 2309 (1996)("The Curse ofAmerican Politics" by Ronald Dworkin). Buckley v. Valeo. 424 U.S.I (1976) invalidated on First Amendment grounds restrictions in theElectoral Reform Act on electoral campaign expenditures in Congressional elections. However, it also upheld restrictions on contributions by individuals and organizations to political parties and campaigns in such elections. Dworkin argues that if Buckley is correct in principle, it would be wrong to either circumvent this decision by placing voluntary limits on campaign expenditures or to repeal it by Constitutional Amendment, as has been proposed recently. In his eyes, thereis no substitute to directly confronting the First Amendment issues raised by that decision. Dworkin starts by stating the two major principles he feels are the central premises of the First Amendment. The first is that people as a whole must have final authority over the government, and not vice versa. Thus, government censorship that attempts to restrict the range of political opinionthe public hears andreads is repugnant to theFirst Amendment. The second is that citizens must be able, as individuals, to participate on equal terms in both political and cultural life that creates the moral environment of the community. Thus, when government restricts speech or expression on the basis of its supposed worthlessness or offensiveness, it acts in violation of the First Amendment. Neither ofthese principles are implicated by campaign finance laws, according to Dworkin. Expenditure restrictions neither protects government from criticism or censor on the basis of content. According to Dworkin, Buckley's central innovation was its view that there is an inherent value in the quantity of political speech. He outlines three arguments supporting that view. The first argument is thatany restrictions on campaign expenditures reduces the quantity of speech, and theoretically may prevent a person from hearing a message a potential voter may have deemed pertinent. Another argument advanced in support of Buckley is that the freedom to criticize government and profess unpopular views is best protected by a blanket prohibition on political speech restric- paign expenditures or contributions interferes with the individual's right to decide for herselfwhat issues and messages are pertinent to his decision on how to use her vote. Dworkin's response to these arguments is rejection of the premise upon which they are founded: that the voter's sole role is to serve as arbiter of which candidate is best suited for the office for which s/he is running. To Dworkin, this ignores an equally important role of a voter in a democracy; equality ofparticipation in the political process. When the political debate is monopolized by citizens and organizations who can afford to purchase televisionand radio advertisements, many citizens who may have equally valid views cannot effectively compete for public attention. Campaign finance laws may thus be justified for restoring an essential element of self government to the political process. Dworkin also stresses the importance of civility in political debate, but fails to discuss how that could be regulated by the government without infringing on the First Amendment. Dworkin notes that the prospects of overruling Buckley are not bright. At least four concurring justices (Thomas, Kennedy, Rehnquist and Scalia) in the ColoradoRepublican Campaign Committee case expressed an interest in doing away with all restrictions on campaign contributions, on the grounds that the tions. The most formidable argument in support of Buckley, in Dworkin's eyes, is the view that it is the voters themselves and not the government who must retain control over the quality and range of debate on public issues in a political campaign. In this view, restrictions on cam- The New York State Bar Association The University Union Activities Board The School of Law The State University of New York at Buffalo & The Buffalo Entertainment & Sports Law Society invite you to attend The Fall Symposium on Entertainment & Sports Law in Western New York Monday, November 18,1996 7:oopm The Center for Tomorrow Panelists - Keith Schulefand Entertainment & Sports Lawyer Janet Snyder Radio Personality, WKSE KISS 98.5 FM Ross T. Runfola -Partner, Siegel Kelleher & Kahn, and sports writer Mike Igoe Money Matters reporter WGRZ NBC 2, and attorney Moderator Jean Hill Newscaster, WKBW Channel 7 - - - - Reception at 6:lspm distinctionbetween expenditures and contributions isconstitutionally untenable. On theother hand, only two dissenters (Stevens and Ginsberg) criticized the Buckley ruling. However, it should be pointed out that the plurality opinion in the Colorado Republican Campaign Committee case was a very narrow one. Justice Breyer, with Justices O'Connor and Souter, held that under current law independent, as opposed to coordinated, expenditures by political parties cannot be restricted without infringing on the party's First Amendment rights. The opinion specifically declined Thomas' invitation tore-examine Buckley. "[Overruling Buckley sua sponte] is inconsistent with this court's view that it is ordinarily inappropriate for us to reexamine prior precedent without the benefit of the parties briefing since...[the principles underlying stare decisis] caution against overruling a longstanding precedent on a theory not argued by the parties," Breyer stated. This means that three plurality justices have not made their opinions known on the central premise of Buckley. Perhaps if a proper case is brought before the Court, they may be persuaded that reasonablerestrictions on campaign expenditures and contributions do not infringe on the First Amendment, and indeed, can be a tool in increasing participation in the political process, a central goalofthat Amendment. �FEATURES November 13, 1996 The Vine THE OPINION 9 Star Trekking across the universe,.. Grape Bacchian bliss by C.S.Nickson, Features Columnist At the most basic of levels, we must consider what wine is: the fermented juice of grapes. Simple enough. However, it is thekind of grape and thelocation where the grapes are grown that will have the greatest impact on the taste of the wine. For example, New York State grapesproduce winesvery differentfrom the grapes (and the wine) from California. But the distinctions go to a more subtle level. Using New York as an example, the wines of the North Fork of Long Island are very different from the wines of the Finger Lakes. Further still, the wines of Cayuga Lake are very different from the wines of Keuka Lake. And even the wines ofthe same lake yet opposing sides of the valley will be markedly different. Beyond location, the type of grape, or varietal, dramatically alters the taste of the wine. For example, many people have heard names like Chardonnay, Cabernet Sauvignon, and the like, but have difficulty tellingthem apart. Here's a shorthand list, from most dry to least: Reds Cabernet Sauvignon, Merlot, Zinfandel, Pinot Noir, Shiraz and many more. Of the Whites Chardnonnay, Blanc, Sauvignon Riseling, Gewurtraminer. These represent but a few of the varietals available, and are perhaps the most popular. - - With all the distinctions between location and grape varietal, where does one begin? Most, if not all, begin with a white wine or perhaps a blush. Not a bad start. As a rule of thumb, new wine drinkers will prefer lighter, sweeter, and fruitier wines such as a White Zinfandel (e.g. Beringer White Zinfandel, $5.99 - a goodplace to start). Another good bet for the newly initiated wine drinker are any ofthe Rieslings from New York State. In particular, a never fail is Dr. Konstantin Frank's Johannisberg Riesling ($8.99). Recently, I visitedthe winery ofDr. Frank and was most impressed with all of their white wines. Salud! Editor's Note: Mr. Nickson is a graduate ofthe Cornell University School of Hotel Administration's Wines Program. While he didnot major in drinking his college career ended on a high note. In addition, he has also served alternately, as the Head Wine Consultant and Store Manager of Wine World, a wine and spirits store in the Wegman 's plaza near Robinson Road. He is currently a enrolled in the JD/MBA program and is in his second year oflaw school. He has been to more tastings and consumed more wine than he can possibly recount but perhaps most importantly, he enjoys wine. by Nathan Van Loon, Features Writer When I signed up to do "Star Trek Commentary" for ihtOpinion, I thought that theEditors ofthe place would have known better than to take a fella like me seriously. I thought I gave the Editor-inChief a big wink and a smile when I volunteered for this duty, but low and behold these folks have been persistent. Night and day for the past six weeks a black tumor has been growing on my conscience. A Jimminy Cricket in a space suit stalked me in my dreams asking "When are you going to talk about Kirk? When are you going to extol the virtues of Picard? When will you ever get around to discussing the Neutral Zone, the Dominion and the Borg?" All this and much more has been plaguing my thoughts for quite sorfte time. Therefore, let us today speak with complete candor and brutal honesty about the security concerns ofthe United Federation of Planets. To secure peace and prosperity well into the 25th century, these are my recommendations as to what needs to be done: 1) Destroy the Wormhole -1 for one am tired of shapeshifters coming through the wormhole disguised as egg cartons or parakeets. End their interloping ways! Blow up the damn thing and end the Dominion menace. Sure it' 11 end Jumpstart with Juno by Randy Janis, iFeatures Writer The battle between free e-mail services has begun. Take advantage of it! E-mail is today's fastest growing and perhaps most inexpensive mode of communication. E-mailaddresses are now exchanged as regularly as telephone numbers and mailing addresses. Each day over 100 million e-mail messages are sent in the U.S. alone. Until now if you wanted an e-mail address for your personal use and weren't already at a company or university that supplied you with one, you had to rent one usually as part of a "package deal". Now providers such as Juno andFreemark offer free e-mail to all. Both services will deliver messages to anyone in the world with e-mail. There is no charge, no monthly subscription fees and no on-line time charges. What's the catch? Costs are picked up at the courtesy of advertisers. Ad banners appear under or over the message area, but ads are not attached in any way to the individual e-mail messages. The companies insist that names are NOT sent to advertisers. If anything, the colorful advertisements add a bit of life to a sometimes dreary screen. In a survey of e-mail software and services conductedrecently by PC Computing Magazine (April, 1996), Juno was named best in its category. In addition to basic e-mail functions, Juno offers customizable mailing lists, folders for storing mail, a built in spell check feature and an address book that automatically To use Juno all you a need is PC equipped with Microsoft stores addresses. Windows and a modem. Juno's free software can be requested by calling 1-800-654-JUNO or by sending e-mail to: signup@juno.com. Freemark has user friendly graphics. Each e-mail message is received in the form of an envelope. Each envelope displays its sender, subject and date. The advertisers' "stamp" in the top corner picks up the cost of sending. Aclick on the envelope displaysyour message. Freemark requires a 386 PC, Windows 3.1 or higher and a modem. For free software, contact Freemark at subscribe@freemark.com or (617) 492-6600. Both Freemark and Juno provide its users with a nationwide network of local access numbers. Juno offers a toll-free number shouldalocal number beunavailable. Freemark and Juno provide e-mail service only. No web browsing allowed. For thejet-setter Hotmailis the ticket. Hotmail can be retrieved through any computer from anywhere on the globe absolutely free. No software required. You need only to have a web browser installed on your computer and have access to the Internet. Hotmail is as easy as browsing to http://www.hotmail.com,logging in and getting your personal mail. Too busy with law school toremember important events: wedding anniversaries, birthdays, etc.? Don't bother! Hook up with NeverForget the free e-mail reminder service. Simply tell them the holidays and special events you wish to be reminded of and NeverForget will send you an e-mailreminder beforehand. Contact NeverForget at http:// www.neverforget.com. Is dfg3@acsu.blah.blah. a bit bor- DS9 as a series, but to quote the immortal Q, "All good things must come to an end." 2) Put a Cloaking Device on all Federation Warships Isanyone really concerned about hurting the Romulans' feelings? The Federation has the technology. Make it so! 3) Annex the Romulan Empire The petulant Romulans, deprived oftheir cloaking supremacy will be easy pickings tor the Federation and t heir Xl i ngon allies. Partition their territory down the middle and reunify the Romulans with the Vulcans as Roddenberry intended. 4) Build Ships withBetter Shields It's very discouraging to see Starfleet's flagship blownto pi eces by Klingon renegades in a tusty and outdated Bird of Prey. (SeeStarTrek 111, tions). 5) Have Complex Mathematical Puzzles on Hand to Defeat the Borg When your photon torpedoes are as effective as cheese logs, why not let the mathematicians give it a try? Fortunately for us, we get to see how the crew ofthe new Enterprise "E" fares against the Borg in "First Contact" opening onNoverhber 22. My moneys on theFederation, but I hear the Defiant is destroyed in the process. Some sort of systems failure involving the shields... - - - - $250 cookie recipe How John@The about ing? 18thHole.com,David@The StockMarket.com, or Don@RingSide.com. Star Mail and Netforward offer a variety of e-mail addresses to choose from - free. With either service you'll never have to change your e-Mail address again. You can change schools, jobs or service providers without affecting your e-mail address. This is important for students who are leaving school and are worried about losing contact with their current e-mail associates. Star Mail can be contacted at http://www.starmail.com or by sending email to postman@starmail.com. Contact at NetForward http:// www.netforward.com. Bottom Line: Services are Free - Beware of the Ads. Make your resume pretty. Join the Opinion! We're looking for features and news writers for next semester. This is a great way to get immhed and make connections in the community. Drop a note in box 755, swing by the office in O'Brian 7 or e-mail jvmurphy@ acsu.buffalo.edu This recipe and story were e-mailed member. The story behind the recipe is purportedly true. Apparently, a Nieman-Marcus patron loved a cookie he ate after lunch so much, he asked for the recipe. The waitress explained that while she could not givetherecipe away, she could sell it to him for, "Two-fifty." When this patron receive his credit card bill, it revealed that the recipe did not sell for $150, but rather $250.00. Peeved, the patron called and demanded a refund...which was refued. In retaliation, this man slapped the cookie recipe all over the Internet. to a staff The Recipe is: 2 cups of butter 4 cups of flour 2 tsp. Soda 2 cups sugar 5 cups blended oatmeal** 24 oz. chocolate chips 2 cups brown sugar 1 tsp. salt 1 8 oz. Hershey Bar (grated) 4 eggs 2 tsp. baking soda 3 cups chopped nuts (your choice) 2 tsp. vanilla **Measure oatmeal and blend in a blender to a fine powder. Cream the butter and both sugars. Addeggs and vanilla; mix together with flour, oatmeal, salt, baking powder and soda. Add chocolate chips, Hershey Bar and nuts. Roll into balls and place two inches apart ona cookie sheet. Bake for 10 minutes at 375 degrees. Makes 112 cookies. �10 THE OPINION PUBLIC SERVICE ANNOUNCEMENT November 13,1996 Guess who hada bad day HI Mrlrffi* can A day at 4k. JfAYf I pf Bill-BHb ; H- bad work often lead to verbal abuse at home. Think about what you're saying. Stop using words that hurt. Start using words that help. Committee for Prevention oM afijAAp �November 13, 1996 PUBLIC SERVICE ANNOUNCEMENT THE OPINION IT'S TBI CONFRONT K*^ JSES HIS WIFE. FRIEND BUT NOT NEARLY AfTWHD AS BEING HIS WIFE. WITS I So youknow your friendis an abuser. Do you ignore it or bring it up? Ignoring it is easy. Bringing it up is awkward. You couldlose a friend. But maybe bringing it up is the only way toreally be a friend. Telling him you know, telling him it's wrong, telling him it's a punishable crime, could be doing him a big favor. Maybe he needs someone Maybe he needs someone very life may be mm feSJ to say, to talk to. "No, it's not OK." But more important than his feelings, his wife's well-being, her in your hands. We can give you some information that may help. Call us at I-800-END ABUSE. Family Violence for Domestic Violence. Prevention Fund SBAIBar-Bri Halloween Party at the King Snake Lounge 1 �12 THE OPINION ADVERTISEMENT November 13, 1996 I I Did you know that... more than | I I BUFFALO LAW GRADUATES I I I I BAR/BRI to prepare them for the I February & July 1996 New York Bar Exams 1 I I Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. I Buffalo Law's #1 Choice for Bar Review I I (btgrjtfhn BAR REVIEW Trust tlie POWER OF EXPERIENCE™ to Work for You I I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1996-11-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 5 13.11.1996 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/13/1996 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/702921092004c85c5e3924dc5a2a2380.pdf 8cf9e85e629ccd00a02fb3e35f3877f0 PDF Text Text J I J NEWS Student Reaction to tuition hike, see page 8. I J FEATURES OP\ED Interview with Family Court Judge Michael Battle, See page 10. SUA Constitution ScruU uzed See page 4. Briiifiina the issues to the students since 1949 THE OPINION Volume 37, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Hoyt internship exceeds student expectations by Kristin Greeley, ipen's Editor This is the true story of six law students, picked to work in an office, to gain the legislative experience of a lifetime. Deep in the heart of downtown Buffalo, six ofU.B.Law's finest, ColleenMullaney (3L), Kristin Allen (2L), BariLevant (3L), Brigid Lyons (2L), Rebecca Ciarrocca (2L), and Bob Williams (3L), are being educated outside of the classroom while workingfor Democratic Assemblymember Sam Hoyt, courtesy of the legislative internship program. The program began in the spring semester of 1996 and has proven to be a tremendous success. This year it has been incorporated into the new public service externship program. Hoyt and past par- ticipating law students have found the experience rewarding. According to Hoyt, "The law student interns are the heart and soul of this office. Their hard work has been an immeasurable contribution to my success." The law students had equally positive remarks about the office. "This internship allowed me to take the knowledge Ireceived in the classroom and apply it to real life in a way that makes a difference to thepeople in Buffalo," 2LRebecca Ciarrocca said. 3L Bari Levant was impressed with the variety of tasks she was able to complete. "It has been a great opportunity to seethereare things to dowith a law degree besides work in a law firm. I worked on everything from press releases, to legisla- UB hosts tion, to solving constituent problems." 2L Kristin Allen agreed: "This is truly a "non-traditional" legal internship that has increased my knowledge in many different areas of the law and politics." 3LBob Williams' interest in politics lead him to seek out this legislative internship. "The reason why I came to this office was to see behind the scenes of politics. These experiences are ones that you can't get out of a book or in a class." Contact withreal people is what 2L Brigid Lyons found impressive. "We are contacted by people who need help, and we do everything in our power to assist them, by making phone calls, writing letters, begging and pleading all over the state. Sometimes our hard work pays off, See Internships, page 5 SBA's third meeting sets tone for next semester bySA. Cole, Assistant News Editor At 6:38 p.m. on November 11, a fifteenth member ofthe SBA sidled into the group's third meeting and created quorum, thus allowing things to procede with numeric sanction. Aftertheminutes from last month's stunted, pre-break meeting were read, SBA President Prudence Fung gave the first report. Both the Blood Drive and the Kids Voting efforts were deemed a success. Fung then related her meeting with Dean Carrel, regarding plans to limit the tabling time of Bar Review organizations. Fung said Carrel was "receptive to have some sort of policy...as long as it was a cooperative effort" among the organizations. Theseplans.whichtheSßA anticipates will be implemented by next Fall semester or sooner, have been met with "no objection from the Bar Review companies," Fung said. 1LBrenda Torres saidthat an effort should be made to find out the position of the student body regarding Bar Review solicitors, to ensure proper representation regarding the issue. Fung then confirmed the date and location of this spring's Barristers' Ball, which be on March 8 at the Statler Hotel. The 3L report began with Julie Rosenberg, who announced that a new studentlounge, the location ofwhich has yet to be determined, will be funded by a significant amount of money from Bar/ Bri. The money, offered as a block advance on future room and conference fees by Bar/Bri, will be used to create a social spacefor law students. A key card access system is under consideration. The 2L report wasfielded by Nathan Van Loon, bringing back financial tidings from his seat on Sub-Board I. Reviewing the awards for publication and programming grants, VanLoon said "We came in third inthe' money sweepstakes,' ifyou wantto call it that.. .we did well for a school with only seven hundred students." Grants were awarded to the Entertainment and Sports Law Society, the Criminal Law Society, Outlaw, Trial Lawyers Association, Circles, BLSA, PAD, and the Domestic Violence Task Force. Brenda Torres started the 1L report, outlining her preliminary effort to stage a 1L book-swap on December 20, "To exchange our books and eliminate the middleman." 1L Representative Tonya Guzman began her report by announcing that the microwave in the student lounge is indeed operable. She then moved on to another concern regarding lack ofaccess to feminine products in the building, pointing out that very few of thelavatories are equipped for that type of accomodation. A cry of outrage ensued. "Why should you have to hunt for that sort of thing?" demanded 2LNathan VanLoon. Another member commented that such products were available in the first-floor bathrooms. Treasurer Bari Levant put an end to the furor by saying "We'll go check on itafter the meeting." 1L Representative Amy Martoche next commentedon lights that are burned out on pathways and parking lots around the campus. She was advised by VP George HamBoussi to alertPublic Safety. 1L Representative Nicole Graci mentioned the unsanitary state of the computer lab, complaining that security measures keep Physical Plant staff from cleaning the facility. It was agreed that the cleaning schedule would be scrutinized to see if both security and hygeine could be accomodated at the lab in the future. President Fung then mentioned aner topic she forgot to include in her report: a company contacted her regarding the production of a law school yearbook. Fung asked the members if they thought a yearbook would be well-received. Most thought it wasa goodidea, mentioning future contacts, networking, and esprit d'corps as factors in their thinking. It was agreed that the matter warranted further exploration. The group moved the old business, put together this year's range ofSBA committees. The committees, and the chairs in charge ofthem, run as follows: Social Committee (Mike Benkelman); Barristers' Ball (Pmdence Fung, Bari Levant); Community Service (Tonya Guzman, AmyDuVall); Finance (Bari Levant); Facilities (Julie Rosenberg); Constitution and By-Laws (Pete Thompson, Brenda Torres); Course Evaluations (Nathan Van Loon). The new Jewish Law Students Association was next on the agenda, represented by the group's organizer, 1L Randolph Janis. The group, which based its » ■ See SBA page 5 December 6,1996 international criminal law conference by Michael Stmta*Matia, Staff Writer Lawyers fromaround the worldcame to O'Brian Hall on Saturday to "Rethink Federal Criminal Law."The event marked the first annual symposium for the law school's new Criminal Law Center. The Buffalo CriminalLaw Review will deyote an entire issue to the proceedings ofthis and future annual criminal law conferences. As the registrants arrived at K(K) a.m. Saturday morning, they were greeted with a continental breakfast and a complete schedule of events for the day Law School Dean Bany Boyer provided some opening remarks and quickly passed the gavel to the driving forcebehindthe entire event. Associate Professor ofLaw Markus Dubber. With obvious pleasure, Dubber commented on the day he had worked so hard for and the new center that he is excited. As if this was not enough, Dubber stepped up to fill in for the last minute cancellation ot Gerald E Lynch of Columbia University School of Law. ÜB. Professor of Law George Kannar introduced the first panelist, Professor Dan M. KahanofThe University of Chicago Law School Although the orthodox view is that Congress is the primary source of federal criminal law, this is a "patent fiction" according to Kahan "Judge-made doctrine" is the truth of the matter, as courts continue to explain vague statutes, thereby making new law. Fraud, for example, is not a rule but a means for making law in the courts The result of judge-made law in this case being mail fraud. See Criminal Law, page ? Dean Boyefy <fc jfrojs. Kumar, Kahan & Dubber �2 THE OPINION December 6, 1996 1L's complain, Perspectives is a proverbial pain by Leonard Heyman, News Writer The inaugural semester of Perspectives ended last Thursday with widely varying views among students as to its successes and/or failures. Perspectives on the Lawyering Process and the Legal Profession, is a two credit-hour, pass/fail, one-year course being taught for the first time to lLs at UB Law. The course is intended to "provide... amore expansive view of [the] first year of legal study" according to a hand-out received by lLs at the beginning of the semester. The first semester was divided into three Units, respectively entitled, Law, Lawyers, and Responses to Social Problems; Legal Regimes and the Context of Legal Change; and Interest, Identity, and Ideology in the Legal Process. In Unit I, each section of the class was split into six groups ofapproximately 20 people per group. Each group was presented withthe same hypothetical situation in which they were to take on the role of a steering committee of the "Concerned Citizens of Sandville," a "large and diversecommunity group." The town was presented with the problem ofindustrial pollution by a major employer in the area. The "steering committee" was charged with developing a plan of action to solve the problem, in the form of a spage paper and an oral presentation to the whole section. In Unit 11, each section was split into 5 groups, each of which took on therole of a law firm employed by an interested party in the development of new regulations or state laws for dealing with the problem ofsilicosis, an old,but enduring occupational hazard. Each law firm was given the task of presenting a series of recommendations to an ad-hoc committee of representatives (composed of faculty members) from the State Senate and House ofRepresentatives which were developing new laws and regulations for solving or reducing the problem of silicosis. Unit 111 was broken intotwo parts. In Part A, the sections were broken into 6 groups, and each of those groups were broken into 4 reading groups. All of the students were required to read six Supreme Court decisions which centered on the interpretation ofthe Commerce Clause in the Constitution. The reading groups were also given separate readings which included essays on the process ofjudging from four different perspectives. In thefirst class, students were asked to confer with oneanother in theirrespective reading groups. In the next class, each group was split into two subgroups of about nine students each and one person from each subgroup was designated "Chief Justice" by lottery. The subgroups were then to take on the role of Supreme Court Justices, and were given two hypothetical court cases dealing with regulation of silica manufacturers and shippers by Congress via the Commerce Clause. Part B of Unit 111 was a single class. Additional reading was required for this class, comprising oflegal articles discussing the ethical considerations surrounding mass tort litigation. Each section met as a whole and discussed these considerations. After discussing Perspectives with 10 or 15 students, it became obvious that opinions of the course are quite similar. Some students complain about other students' lack of participation. One female student said, "I do think Perspectives has a lot ofpotential. And I think whatpeople are doing isthey're getting so stressed out, they're like' whatever—it's notfor a grade.' I think that's a bad attitude. I think we should all try a little harder and be here to learn and not just to worry about our grades." Other students complained about the large volume ofreading that was required in the week before open memorandums were due in students' Research and Writing class. One student saidbluntly, "Part of being in law school is learning how to effectively manageyour time," whenasked why he didn't do all of his readings for Perspectives. Most students agreed with that assessment, suggesting that the readings in Unit 111 were inappropriate for students in Section B, who won't be taking Constitutional Law until next semester. Some students suggested combining or coordinating Research andWriting with Perspectives. Another student commented about the political slant of the materials presented, saying, "I feel thattheykeep showing you one perspective ~ their perspective." And pointed out that the class is largely an exercise in exploring classically liberal (as opposed to conservative) issues. The one student added, "look what they're showing films about, I mean we know which direction they're going-just HEW YORK Students Pass theBarExam with PIEPER With 23 testable subjects in addition to the multistate exam, why risk your future on someone who is not an expert on the Mew York Bar ExamP JOHN PIEPER is theEXPERT onpreparing candidates for the NEW YORKandMultistate RarExams!! EXPERIENCE THEEXPERT... 1-800-635-6569 . from the initial film: Big bad company, poor little guy; big bad company, poor environment; big bad company, poor little children. Not that I really like big companies. " One studentnoted that "it's all civil. We haven't talked about criminal law. I think it's a good idea to have the class more engaged, have people come in to speak to the class about their jobs what they do. I think that would be interesting. But maybe in a third year course, it would be better." Rumors and fears of making the second semester ofPerspectives a graded course in order to stimulate more student interest have also surfaced. Professor Peter Pitegoff countered these fears last Friday when he said that next semester will "most likely" be a pass/fail course. Healso alluded to a lighter work-loadfor students. He said that while the second semester is designed to satisfythe ABA's accreditation requirement for an ethics course, that is not the primary purpose of the course, but an ancillary one. The primary purpose, he says, is to, "give students more overview ofthelegal profession and insight into some of the ethical dilemmas and issues facing lawyers in a variety ofpracticesettings." He later added, "We will look at The Codified Rules of Professional Conduct, but we will integrate them into the broader context of the practice of law and the roles that lawyers play." .. �NEWS BRIEFS December 6, 1996 THE OPINION UB student reports rape '67 Alumnus wins two awards by Kristin Greeley, News Editor S recognition of a legal career that $35-a-week defense atorney in is a a tiny, windowless office on Genesee ure on the City Court bench he worked hard to dissuade young women from prostitution — "He was very successful in getting many of them to go to school and turn their lives around," she said. "I have served with Samfor 13 years onthe Appelllate Division," saidDenman, citing the honoree's emergence as a legal scholar as well as a jurist. "Like all fine judges, heapproaches his work very seri- Street, the Hon. Samuel L. Green has received UBLaw School' s highest honor. Green, Senior Associate Justice of the Appellate Division, 4th Department, StateSupreme Court, was presented with the law school's Edwin F. Jaeckle Award in ceremonies on November 2. He is the 21st recipient of the honor, which is awarded jointly by thelaw school and itsalumni association. Green is a 1967 UB Law graduate. Green's wife of 36 years,Ernestine, and daughter, Beth, were among those who spoke before a record crowd attending the awards luncheon in the Center for the Arts on ÜB's Amherst Campus. "No matter how high Judge Samuel Green '67 and UB President William R. he has risen and no matter how much he has achieved in the profession, he is always reaching out to help those who are coming behind," UB Law School Dean Barry Boyer told the attendees. "Sam is a man who cares passionately about how we deal withyoung people in our society and how to straighten out those who get into trouble." The Hon. M. Delores Denman, a past recipient of the Jaeckle Award, and now Presiding Justice of the Fourth Department, noted that during Green's ten- Mysterious ously, yet he doesn't take himself too seriously. He is passionate about those issues that are close to his heart, and he argues well about each one ofthem." Theaward caps a goodyear for Green. Early this month, his name was one of seven submitted to Gov. George Pataki by the Commission on Judicial Nomination, to be considered for an upcoming vacancy on the Court of Appeals. This is the third time Green has been nominated for the state's highest court. In addition, he was given the Erie County Bar Association s Outstanding "Sam is a person who demonsrates formal but easy grace and good humor. He is a lawyer's lawyer and a judge's judge, and for me he is an exemplar ofthe public practice of law in Western New York," said University at Buffalo President William R. Greiner, a former UB Law professor. In accepting the award, Green, who spent his early childhood in Alabama, noted that he wasthe first in his family to graduate from high school, and looked back fondly on his law school education in the old Eagle Street location. school was tough, but every minute of it, cv; I took, because I knew that one day, I would need to use that knowledge as a lawyer," he said. "This law school means so much to me. This is a great law Greiner school. In the Appellate Division, we see lawyers fromacross the state. And when you cad the briefs and hear the oral arguments, the lawyers from the at Buffalo don't take a back t to any from the Ivy League schools." He added wryly: "To get this honor from the alumni associaion has special meaning because itcomes from the people I deal with on a day-to-day basis, and some ofthose people didn't get the decision they were seeking from the court." A video tape of the speech is available in the Koren Center. Rv Piversity 3 A female student reported a rape that allegedly occured at about 4:30 a.m. on November 24th, in a student lounge in Porter Quad in the Ellicott Complex. The woman brought two men, who are not UB students, back to the dorm from a bar. The woman was taken to a hospital after the incident. According to Public Safety Inspector Daniel Jay, "This is the first reported rape of the semester." UB had two reported rapes in 1994 and one in 1995. The case is still under investigation and has been referred to the Erie County District Attorney's office, Jay said. Students approve / / I \ StaffersN. and writers, ace job \ this semester! \ See you next semester for more / \. good stuff! .X "R"'s existance explained by Susan Bjornhqlm, Features Writer Cp sighs. Yield signs. Do no ed X-ing. Exit, Every da ely on signs to give informa lion and direction in order to structur lives. What happens when you do no understand the significance of a sign J Rs anyone followedthe "R" sign 1 on: each floor of the law school building? Tthe "R" sign does not lead anywhere near the testroom. On a mission to put a significance back into the sign, I spoke withMelinda Saran. What I learned from her, during our conversation, is necessary information for all students, faculty, and staff who walk thehallsofO'Brien. Lets set up a hypothetical. For instance, you are up on the seventh floor and the fire alarm bell starts to ring. Smoke everywhere, elevators are shut downandthe stairways are blocked by fire. Even worse, you have a mobility impairment that does not allow you to use the stairs and there is no walkway to Baldy on that floor. Where do you go into a classroom or an office? Now I have given meaning to the "R" sign. In order to have an area that people can go to if there is not another way to leave the building the area of refuge ("R") has been designated Student's w ho go to thearea ofrefuge will be more easily found by firefighters. The area is located next to large windows, A student can be easily spottedand the level they are on noted, from outside the building. This makes fescue attempts easier when officials know where to look. The necessity for this area stems by fromthe fact thatthe building was built before laws requiring that the buildi hg be accessible and safe for students with mobility impairments. is important to remember and ss on the meaning of this sign. By doing this we will make surethat during any sort of emergency, people are aware that there is a place of refuge that they can go to be found. Thank God for signs! tit offees All three issues on referendum for a student vote were approved last week —a continuation of the $57.25 Mandatory Student Fee over the next four years, The Spectrum fee, and an on-campus bar. About 1800 students participated in the three-day vote. The Student Activity Fee passed by a vote of 1626to 186. the Spectrum fess passed, 1369-303, while the on-campus bar was approved 1138-475. In order for the vote to be valid, ten percent of the full-time undergraduate student body must vote. About 14 percent participated in this vote. The Opinion Staff wishes everyone good luck on exams, and also a MSaanirmthi safe and happy Phot holiday season! See you all next semester! J �EDITORIAL THE OPINION 4 OPINION Volume 37, No. 6 @fa December 6, 1996 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole SeniorEditor: Steven Bachmann Dietz The Opinionis a non-profit,independent, student-owned and run publication fundedby advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork at Buffalo School ofLaw. Copyright 1996by 77ie Opinion, SBA. Any reproduction of materials herein is strictly prohibited without theexpress consent of theEditor-In-Quefand piece writer. Submission deadlines forletters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbe mailed \aThe Opinion, dropped off under 7Vie Opinion officedoor (7 O'Brian Hall), orplaced in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and ona computer disk (IBM-WordPerfect 5.1). Letters are best when written asa part ofa dialogue and mustbe no more than one page. Perspectives are generally opinion articles concerning topics ofinterestto the law school community and must be no more than two pages single spaced. We reserve the right to edit any andall submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if aself-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of theEditors or StaffofThe Opinion. EDITORIAL: The Constitution that enfolds the students of UB Law into the collective body of the Student Bar Association is a dry and self-important document, riddled with contradictions and dubious syntax. In other words, you can tell it was written by a bunch of kids who wanted to be lawyers when they grew up. SBA Parliamentarian Pete Thompson, however, is fronting a committee to revise and refurbish our manifesto of legal unity. The Opinion, out of respect for this adverturous undertaking, would like to offer its considered evaluation of the document as it stands. Like all good Constitutions, the SBA's begins with a preamble. Theagenda "ordained and established" by the SBA of 1992 (the, ahem, "framers") involves things like promoting and protecting "the rights and interests of the law students...and [securing] the association and goodwill ofthe members of the legal profession." Well, that's noble enough. The mechanics ofsuch goals, however, are obviously a little more difficult to pin down. To go in order: Sections land 2 : While SBA membership is conferred upon all full-time or part-time students enrolled at UB Law, honorary membership can be conferred upon, apparently, just about anyone else. And while someone can willy-nilly bestow this membership, there is no mention of precisely who that person is. There are no requirements for such honorarium, and those who bask in its glories are not subject to any of the obligations regular members labor under every day. Which brings me to the question: what are the "privileges" and "obligations" the student body is subjected to under this constitution? While the document is ten pages long, it's short on that type of specificity. If such boons and duties don't actually exist, don't refer to them. Section 5 (A): I won't even attempt to translate this: "An Executive Officer is temporarily absent when unable to carry out the responsibilites of the position as determinedby theExecutive Committee, or when the position has been declared permanently vacant by the Board of Directors." Okay. Okay. Call this crazy, but either something is temporary, or it's permanent, yes? The meaning of section S(A) can be seen through a glass, darkly. But does eventual clarity excuse poor writing? Think don't so we. Fix it. Section 5 (C): To paraphrase, this one declares a representative's seat permanantly vacantif, among otherthings, a rep is "temporarily absent for more than 4 consecutive class weeks." I assume it's the obvious, but maybe it just means they've been cutting class. And to return to a previous complaint, why term it "temporary" ifthe rep is going to get skewered on the spike of "permanance?" Section 5 (E): So, 3/4 of the Board of Directors can vote off another member. Here's one ofthe reasons: "Failure to maintain matriculated status at the law school." So. Does that mean if someone doesn't matriculate, but isn't voted off, they can serve ad infinitum? There's more, but minutiae are boring. However, this is a good time to emphasize the adage "form follows function." What does the SBA do? Charter groups,managefunding, organize events, and serve as the students body's laison to the outside world. Per these duties, what should the SBA be constituted of? Rules and structure that explain and provideeloquently—for these functions, and precious little else. Despite the ordained preamble, the SBA is not the US government. Yet it operates on a document more convoluted the U.S. Constitution. We have by-laws for a reason. Revise both the by-laws and Constitution so that the finer points are in the by-laws, and - the main definitions and duties of the SBA are in the constitution. December 6, 1996 events topic that concerns the law school community, write to The Opinio l Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than submission must be typed, single-spaced, and submitted! onpaper and on a computer disk (IBM-WordPerfect S.l format). Send your submissions to The Opinion office ot place them in box 755. LETTERS TO THE EDITOR rear First Amendment Society: Any Takers? taitor, The Federalist Papers, In Alexander Hamilton asked "What is the liberty of the press? Who can give it any definiton which would not leave the utmost latitude for evasion?" Resisting the addition of a Bill of Rights to the Constitution, Hamilton declaredthat, even with "fine declarations," any freedom of expression in this country would defined by the "general spirit of the people and of the government." Despite Hamilton's protests, we the people have the First Amendment. And, as he predicted, the assurances vested in this amendment have fluctuated over the course of two centuries, narrowed and broadened as spirit and circum- rce have seen fit. From the Alien and Sedition Acts, to the proposals of Andrea Dworkin and Catherine MacKinnon, Americans constantly clash over the quantity and quality of liberty the First Amendment conveys. Andfrom William Douglas to William Rhenquist, this clash creates doctrines and parameters that rarely agree. While Nazis can march in Skokie, abortion protestors might have to keep their distance. While Hustler can lampoon Jimmy Swaggart, Jackie O can pro- tect her image. And while anyone can "f * *kthe draft," they better not do it while under the influence of peyote. The issues surrounding the development of a coherent First Amendment doctrine are still in a state of flux. Which is why I want to start a First Amendment Society here at Buffalo, and why, though I personally think you should be able to say or print pretty much anything, I welcome all viewpoints in the formation ofsucha group. The tentative function of the First S.ACole Amendment Society wouldbe to bring in by speakers, publish news and theory, and foster debate about a topic thataffects us all. A groupis only definedby the interests of its members, however, so while I might kick off a meeting with the uncut version of 2Live Crew's "Banned in the U.5.A.," feel free to bring up whatever issues particularly intrigue you. I would like to have one meeting before we all go crazy with finals, to set an agenda and charter the group. The meeting time will be posted after Graphic Inksgiving. In the meantime, anyone interested icouraged to drop a note in box 27 or mail bin in the Opinion office, or e- mail me at: sacole. Outline thieves, beware! Dear Editor: There are veryfew things thatI have chosen to out about in this form, but this need to be addressed. For two full days, Phi Alpha Delta members sat in front of Room 106 and offered outlines to EVERY student in the law school. PAD members received theirs for free; nonmembers were asked to pay a nominal fee to cover the cost of copying. These outlines wereplaced in people's boxes in order to get the outlines to people in time for finals. Right after all of the outlines for 55 people whorequested those outlineswere distributed to the boxes, I began to receive phonecalls. To date, no less than seven people have reported that their outlines were missing from their boxes, and have requested new copies of those outlines they had ordered. Deans Waltz, Shields and Carrel have been apprised ofthis situation, and we all agree that the only people authorized to remove things from your box is you or the administration. Only YOU or an ADMINISTRATOR. Taking things from other people's boxes is stealing. Folks. That' s morally andethically wrong. If you're caught, the administration has the power to punish you in whatever way they see fit. Besides being morally and ethically wrong, stealing outlines from someone (especially when those outlines were available to you) speaks volumes about your character. If you can steal outlines in law school, what could you do while you're practicing? If you're so insecure about your abilities that you have to steal other people's outlines, then you don't belong in law school. What mail is in another person's box in the law school belongs to that person only. Stop stealing out of other people's boxes, grow up and either do your own work or ask for the outlines like everyone else did. -Molly Kocialski, PADJustice Emeritus �THE OPINION OP-ED December 6, 1996 5 Follies and Fumbles Columnist Greg Mattacola Welcome to My Jungle Well, after a brief Desmond hiatus, Follies and Fumbles returns and none too soon apparently. It appears that I have added a few readers to my faithful brethren of six. It also appears that I, little old me, am the straw that stirs the shake! Let's have a little chat about the exchange ofopinions that have taken place recently. I write this column because I love sports, politics and obviously, writing. I write it to hopefully givepeople a little information, a different view and once in while, a laugh. Now what do I thinkabout the recent additions to myfan club? I love it! Why? Several reasons. First, on a purely selfish plane, you guys have justcompletely reaffirmed my success as a journalist (and I use that term very lightly)! You see, like it or not and I'll guess not, / got in your kitchen. I made you think. I gotyo« all torqued up about something. And in a place such as law school, where knowing how many interviews the guy across from you got passes as activism, I think that's pretty damn cool. This place is a breeding ground for self-absorption. Now/know that people are choosing to read my "tasteless" "attempt to get laughs" and it's makingthem think. That, my friends, is all that any writer can ask for. The second reason that I'm all for my new fan club is that peopleneedto exchange viewsand opinions. That's what this country was founded upon. Carl and Martin wrote a response that was well researched and obviously very important to them. Outstanding. Did I agree with everything they had to say? Hell, no. Did I seetheir point? You bet. That's what it's all about. Not to mention that I learned some sports history by reading it, which I am always in favor of doing. As for the otheraddition to my fan club....Wait just a second, something is coming in over my teletype machine...hold on..Wow! I'm not sure quite what to make of it. Thisjustin, MayorRudolph Guiliani ofNew York City has justissued a statement sayingthat all residents ofManhattan and the surrounding boroughs can rest easy, for there will be no more crime or drug use. It appears that someone called the Bronx Avenger is on the job now and will be making sure the streets are safe for everyone. It is also reported thatafter making New York City a better place to live, the Bronx Avenger will be moving on to Gotham and from there will beavenging the honor of fair maidens by attacking windmills. Really Mr. Avenger, you need to go back and read my first column of the year for you are taking yourself far too seriously. Do everyone a favor and stay offthe freeways in California and please don't ever work for The Postal Service. Lighten up. Relax. Perhaps you should try golf. No, on second thought, don't golf. SPORTS SHORTS: I will never like them and never root for them, but if you respect the game of football, you've gotto give the Bills their due. They keep hanging on and coming up with tough wins. At this point, with all the parity in the AFC right now, I would say that only the Broncos are a full step ahead ofthem in terms of getting to the Dance. I don't think Buffalo will get toNew Orleans but I also don't think it's impossible. And what if they did? Could this city handle more misery like that? I don't think Buffalo has any more veins to cut if the Bills came up short in another Bowl (and they would). There's only so much despair that one town can handle. I think the loss of the JumboTron is all Buffalo can take for now. Talk about Sports and Politics coming together, you couldn't ask for a better example than San Francisco Mayor Willie Brown. The self-promoted football expertripped backup QBElvis Grbac apart after his dismalDallas performance, then Elvis came back to the building (total pun intended) androcked theRavens with a solidperformance. I'ye got to give the Mayor his due, as well. Not because I thought what he said was right, it was completely out of line. But at least it lit a fire under the S.F. offense. Now if he can just insult the offensive line, Steve Young might be able to go a gamewithout gettinghis grillkicked in. At this rate Young will never be able to practice law. He'll be a veggemite sandwich. Picture this, "Your honor, my client couldn't have committedthe crime, he was..., he was..., Uh, what was I say- ... Dear Audrey by Audrey Kocsielniak, Assistant Dean for Career Development Dear AudreyI am a swamped 3L. I haven't started looking for a job yet. I plan on looking over break and all throughout second semester. Am I too late for a job? What should I do? Signed, Swamp Thing Dear Swamp Thing: Don't worry, you are not too late for job. Although the larger firmsand agena cies recruited in the fall, in a very structured, publicized manner, the bulk of the legal employment market operates on a later, erratic and unstructured calendar. For most employers "budget andbusiness" are the key considerations in hiring. Unless there is a certainty of cash flow and work, there will be no commitments. Government and public interest groups often stall until the start of their fiscal years. It is only when a budget has been passed or grant funding received that these groups recruit. Finally, many employers operate on a "hiring basis" It is only when someone dies, quits or retires that the office will hire, and they want the new hiree to start "yesterday." As a 3L, you will want to position yourself so that when the employer is ready to hire, you will be already in linefor the interview or, better still, the offer. You achieve that in several ways. Law clerking at an office puts you first in line for entry-level luring (unless you are doinga poor job). It also puts you in legal circles. Introduce yourself to the attorneys you meet. Don't be shy about letting them know you are a 3L looking for a permanent job. If your current employer is definitely not able to extend you an offer, s/he often will be glad to keep an eye out, giveyou a lead or put in a word for you when s/he hears an office has an opening. You can do targeted "postal cold calling" to employers of interest to you. When you do, acknowledge in your letter that the office may not have hiring plans at this time but also push for a meeting. It's a chance to be more than another resume in the mail. If you feel comfortable, offer to work for the office on a project basis. This gives you a chance to shine. In your letter ask the attorney to retain your application. The hiring picture can change at any time. Check back (about 2-3 months). Follow-up shows you are interested. Review the Job Books. Job Book#2 contains listing for law graduates, including post-graduation positions for Class of '97 students. But don't stop there. Look at the other books (#4- Judicial Clerkships; #5-Fellowships; #6Non-traditional). JB #1 can also provide leads. Some offices may advertise for a clerk to begin in an academic year. The hiring may be a "look see" that leads to employment after graduation. Post-gradu- ation law clerking also can tide you over until you get a permanent job or your bar results. The Bar becomes a key element for some hiring. Therefore, ifyou do not have a job on graduation day, do not despair. Instead, put your efforts into preparingfor the bar exam. Successful results give you areason to recontact potential employers andadd a very, very important element to your credentials. Some employers delay commitments until they know a candidate has passed the bar. For more ideas, I recommend GUERILLA TACTICS: Getting the Legal Job of Your Dreams by Kirn Walton. Thanks to the New York State Bar Association's Law Student Council. Ms. Walton gave us a terrific series of job search ideas that you can use. A video of that talk is available in the Law Library. Her book can be purchased at the University Bookstore. All told, don't despair. Like the Energizer bunny, hiringjustkeeps going, and going, and going. Keeptalkingwith people, keep sending in those resumes, and do well on the bar. Do you have a job question for Audrey? If you do, please send it in to the Opinion! Either e-mail your question to: jvmurphy@acsu. buffalo.edu, drop a note in box 755 or call the Opinion office at 645-2147. ing?" Yeah, gTeat job O-line. Just a quick and belated congrats to Rochester resident Frank Versace who snagged his first hole-in-one at the tail end ofthe season. Nice job. Look for this guy to be wreaking havoc on the Senior Tour in the near future. Or at least look for him to wreck havoc somewhere. All right, don't look for him. WARNING: Next column I will be using all my literary tools to poke fun at people who live in Alaska, owners of poodles and those who go whining about their grades to professors. If there are any of you "right here at UB Law, and doing quite well", please come talk to me so I can get to know you. We'll chat, have coffee, it'll be oh so nice. Then I can really drill you a new hole. Boy, is this column getting fun again! W W ■ I A L want to what you have to say... Tell us what you think... Send a letter to the Editor. We're located in Rm 7 M. O'Brian Hall. I ] 1 M M SBA cont'd from p. I new constitution on those ofother groups chartered by the SBA, was voted into existence at the meeting Not. however, without a bit of bureaucratic hemming and hawing. Due to lackof notification, the JLSA did not post its charter on the door of the SBA for seven days as required by the school's Constitution, although this reporter could find no mention of such a requirement in the Constitution or ByLaws. The advance posting is to allow students an opportunity to review the mechanics and purpose of the group, and troubleshoot any potentially objectionable policies or practices. The failure of the JLSA to comply with this regulation led to debate within the SBA. 2L Nathan VanLoon said that time to review the group's charter and consider its merits was required for a responsible execution of the SBAs duties. After substantial debate, the JLSA was chartered unanimously, with one abstention They were then deniedfunding they had not yet asked for. The meeting was then adjourned. Internships, con't from p.l sometimes not. But in the end at least we know that we tried our hardest." Recent graduate Jeremy Toth gained the greatest reward from his internship in the spring of 1996: a job. He is currently on Hoyt's staffas well asthe direct internship supervisor for the law students. Ifyou are interested in working experience at Sam Hoyt's office for the spring semester, contact the coordinator of the public service externship program, Wendy Irvine. Completion of the externship will be rewarded with academic credit. Kristin Allen also contributed to this story �THE OPINION 6 FEATURES POINT Writer argues for legalization A MindIs A Terrible ThingTo Taste —S. A. Cole Assistant News Editor Drugs are mercurial things. They can make you, break you, or simply confuse you; they can of course kill you. They are, for the most part, illegal. Yet there are many other things that can make you, break you, confuse or kill you(things like sex, driving, having kids, and eating) that are not illegal. Which is not to create a syllogistic prooffor why we should all smoke dope-but is to point out a few compellingreasons why we might wantto consider letting sovereign individuals determine the course of their lives. When it comes to this debate, I am solidly on the side of individual sovereignty. Every drug that the human animal dream can up and inject, ingest, rub, or insert into their bodies should be legal. Access to these substances-including alcohol-should be limited to persons of an age where they can vote and serve in the military. On the one hand, this sort of access will lead to more death and destruction within the American population. On the other hand, this destruction will reflect only the personal responsibility of those who choose to use narcotics. This country has seen enough scum get rich-and enough innocents die-at the hands of a drugtrade that only continues to thrive in the face of our efforts to squelch it. Let's re-assess our priorities, people. What kind of a country is this where some poor burger-flipper works harder and gets paid less than the local crack pusher? (Who could be working anywhere, including my hometown of Utica, for all those who think I might be pulling a Mattacola). If people are going to make money off of selling drugs, at least let them be subject to federal regulation that requires cocaine to not be laced with pesticide. If people are going to be consuming drugs, at least let them be able to purchase their commodity knowing how strong it is, and precisely how much dangerit places them in. And if the American people have to put up with drugs, at least let them tax the bejeezus out of them, while users and addicts still pay prices drastically lower than the chunks of money they squander for an impure, unsafe high. I know this is not a popular point of view. And I can hear the protests now. "She bases her argument on individual choice, on self-determination!" my detractors cry. "How much personal power does a heroin addict have going down for the third time, passed out in their own vomit, starving because he forgets to eat, or spends all his money on smack?" Well, having hung out with only a few suchaddicts, I can sort oftell you: not too much. They're kindofpatheticpeople. However, I can say that recovered heroin addicts are laden with personal power; they've looked death in the face and told it to sod off. They have an understanding about addiction and mortality that defies the comprehension of a well-adjusted individual. And those who don't recover? Well. There is a price that comes with self-determination, and it is personal responsibility. There will be casualties. But they won't be three-year-olds shot in the midst of a drive-by. Which ushers in the next protest. "The children! It will be easier for them to obtain drugs! And what if that three- year-old doesn't get shot, only to have to grow up with a crackhead for a mom?" First of all, if I did want to purchase some rock, the first placeI'd go would be a school. A lot of kids know about this stuff, they know where to get it. Kids are, unfortunately, connected. As for them being able to obtain drugs more easily, if they were legal, that wouldn't be so plausible if procuring for children was made a federal offense with aminimum sentence of(somelong amount of time).. Then split the money we save from cancelling the drug war, and earn from collecting drug taxes, and educate kids to the point where they're so boredof drugs, they'd rather watch PBS. Is it hypocritical to cut off for kids what is legal for adults? Nope. We don't put kids in a Stealth bomber and aim them towards Iraq, and we don't give them needles. As to kids suffering at the hands of parents who are addicts-it happens now. Every day. And whilethis is just a hunch, I don't think the rates would go up that much. Drugs are very, very available to the people who want them. And ifyou think thatlegalizing something endorses it...pah. It's not illegal to smoke cigarettes (and it better not be any time in the future), but various government officialshave made it quiteplainthat they find it disgusting. It's not illegal to scarf down a pound of bacon at breakfast every morning, but clogged arteries are not condusive to the general welfare. And while it's not illegal to imbibe alcohol, the general feeling is that it's bad for your liver. I would feel uneasy if President Clinton started his day by tapping into a vein and shooting a little smack before breakfast. However, I would also find it disquietingif he downed a coupleofvodka chasers with his burger and fries at lunch. Inappropriate choices are inappropriate choices. I have a theory-and a few years of legalized heroin could prove or disprove it—that alot oftheseductioninvolved with such dangerous drugs is the glamour of illicit activity. After you try it, of course, the seduction lies in your potential addiction-but before that, how rebellious is it to do something that's perfectly legal? Granted, I do not have visions of a United States where we the people munch roofies all day and drug addiction is a dangerous norm. I think-and hope-that most of us are smarter than that. On the other end ofthe spectrum, our country has several drug cultures that thrive within it for various reasons. Year after year of effort has proven that these cultures are here to stay. Drug use is not a crime like murder-and if you think it's suicide, ask me about my views on the Hemlock Society some day. A view such as this is of course incompatible with the political system we find ourselves tangled in for now. The United States is ever increasing its commitment to parental governing-substituting enforcement for restraint, confusing fear with discipline. Yet our country was born of individualism (and, some would say, baby-sat by people who grew pot). Our nation is predicated on self-determination—not mollycoddling. People shouldn't do drugs. Drugs are bad for their bodies and brains. But since people are determined to damage themselves in this way, let's not let them damage our streets, cities, and citizens with them. December 6, 1996 COUNTER-POINT Writer argues against legalization by tony White, Special to the Opinion The war on drugs has truly been effective for the most part. Despite the despair generated by polls and university research, drug use is curbed by the fact that it is illegal. What exactly counts as a positive aspect oflegalizing drugs? Do we seek to lift the drugaddict to thelevel ofBetty Ford or John Barrymotc? Do we want to see the drug franchises shoot up like Blockbusters? If it works in Europe why not in America? If there isno social stigmaattached to something, people become antisocial, they live completely in the world where their viceis King. Let us look at our society and try to guess what will happen to those who decide to use legalized drugs Some say drugs heighten the senses or open minds, but I believe that such a statement is a misperception and that itismore a function of defiancethan thinking for yourself. Some of the most creative people in this country have been avid drag users and in their world drugs might as well have been legal. What has happened to them 0 Richard PTyor usedalmost everything; he is now in a wheel chair suffering from a disease aggravated by his drug use. Kurt Cobain committed suicide. Robert Downey, Jr. has suffered profoundly and the only thing that stopped his downward spiral was being anested. Charlie "Bird" Parker, Miles Davis, and Nat King Cole, all lived and diedbeforethejrtirnefromheroin. However, these celebrities are not truly indicative to the wide breath ofpeople who use drugs. Heroin addkts will generate a significant boost to the dental hygiene industry, maximizing their employee dental plans. Heroin addicts have the uncanny nature not to like solid foods and to crave sweets almost as much as heroin. Also, there will be a significant decline in the amount ofsex used in advertising after all, heroin is supposed to be ten times better than sex. Crack and freebase can be created in a person's home so easily, if it were legalized, any regulation of these forms of cocaine would be completely futile. Marijuana is often the stepping stoneto harddrugswhich arethen mixed with marijuana or the marijuana is abandonedcompletely People seeking to get high do not care about quantity Or quality, they just want to get high and stay high for as long as possible. Drugs alter the mind no matter what the drug is and people will not tolerate quality control of their drugs and will find a way to maximize the drugs that are available. Quality and quantitycontrol will be difficult because drugs can be enhanced easily by items that any person could get in a grocery store. Drag addicts are addicted, they are people possessed, and the illegality of drugs is inconsequential to them once they begin ontheirjourney. Acrackhead doesn't have to worry about being arrested for smoking crack in some neighborhoods it might as well belegal. Legalizing drugs is supposed to take the power away from the dealers and the suppliers, why? The suppliers bring in billions of dollars an irrelevant issue compared to - -- human suffering. Street dealers are filling up prisons at an astounding rate and my answer is—so what? People are arrested for violating the law and for the seriousness of their crime. These individuals pedal suffering, and they don't stop selling drugs to a person until they are dead orthey have no way to pay. It is a filthy business, and it takes a truly depraved mind to slowly kill someone. The drug dealer would have to become faceless Would it be better for drugs to be sold retail? There is already alegal issue about bar owners' and bartenders' liabiityregarding crimes committed while under the influence. Also, there is the issue of corporate entitites becoming involved in the sale of drugs in order to turn a profitthese companies will have to be subsidized. — will certainly mean that the taxpayer will be being paying for drugs regardless of their own distaste for drugs. Where will the drugs be grown? The areas within this country where drugs could be grown certainly wouldhave a hard time finding growers in this country's conservative social climate. What is the alternative? Importing drugs will certainly triple the trade deficit within ten years of legalization. Drugs and violence are closely linked within this society because these individuals have problems. Legalization willput an interesting spin on the phrase; "the customer is always right. 1 can just see someone trying to return a bag of drugs at Christmas time: "Yeah, I'm sorry I don't have a receipt, but it's all there." "My wife said she wished she had a box of smack, not crack." "Oh, you do have heroin, too." "Wonderful, now 1 don't have to go to the other end of the mall." "Wow these are some really nice syringes you have heTe...andselfsterilizing, coool." "I'm a crank sorta guy my- . self," ■ Some European countries allow drug use within homes and certain official places, but the last time 1 checked Europe was a different continent across something called an ocean. Europe has different traditions and customs and while there are some similarities, the people are very different. The most profound example ofhow different is found with obesity. Many people in this country are overweight. Why? There is basic inability to deal with personal problems and strife in a healthy manner. Absent the availability of mental health centers or the willingness to use them, people turn to Whatever is available and socially acceptable, within their situation. People In the South haye the highest rates ofcancer and heart disease in the country as a function ofobesity. The southern part of the country has, in the past, had a high poverty rate and has not had a significant development ofmental health care facilities. The most profound factors associated with these conditions are acceptance of obesity within church organizations and the absence ofbars tn these communities. People are allowedto be overweight, to an extent, within these social groups and it is not viewed as a problem. Cooking skill is very important within these communities as well. Many ofthefoods See Drugs page 9. �FEATURES December 6, 1996 THE OPINION 7 ESLS symposium a smashing success by Kristin Greeley, News Editor This year's Fall Symposium on Entertainment and Sports Law in Western New York featured a diverse panel of speakers from both the entertainmentand sports arenas. The Symposium was held Monday, November 18, at the Center for Tomorrow. The Symposium was co-sponsored by the New York State Bar Association, the University Union Activities Board, the School of Law, and the University at Buffalo, along with the Entertainment and Sports Law Society. After welcoming remarks from Entertainment and Sports Law Society (ESLS) President 3L Lynn Wolfgang, Dean Barry Boyer gave some opening remarks of his own. He expressed his enthusiasm for the symposium saying, "this isone ofmyfavorite student events." Following Boyer's remarks, Wolfgang presented him with a certificate of appreciation for his support for and dedication to ESLS. The panel discussion was moderated by Jean Hill, anchor at WKBW-TV, Channel 7. Hill said that the evening promised to be "informative and exciting." She added that in order for students to get involved in entertainment or sports law, "the most important element is having contact with someone who is doing what you want to do." The first speaker on the panel was Keith Schulefand, Esq. Schulefand is a practicing attorney and is also a licensed contract advisor for both the National Football League Player's Association and the National Hockey League Player's Association. He represents both profes- sports and entertainment law field is mostly a matter of luck, "a question of being in theright place at theright time." Getting a break in the business involves realizing when an opportunity presents itselfand when to seize it. He also commented on the value of freeagency forprofessional athletes. Free pusuing that. The final panelist was Dr. Ross Runfola, Esq. Runfola is a partner at Siegel, Kelleher, and Kahn. His practices concentrates mainly on matrimonial issues, but he also does contract negotiations for television, radio, and sports. Runfola's advice for becoming an entertainment or sports lawyer was "leave Buffalo." He also discussedhow to properly negotiate a contract. "You never bluff with somebody's life...always, always be as fair as you can," he said. According to Runfola, most attorneys think that negotiations are the first step in the negotiations process. Runfola saidthatascertainingthe potential client's goals is the actual first step in contract negotiations. All of the other things the attorney does are based onthese goals, he said, including whether or not to take them as a client. "Just because someone comes into your office doesn't mean you make them a client," he said. ESLS President Lynn Wolfgang was enthusiastic about the evening's program. "I was very pleased withthe attendance. I was happy to see members ofthe legal community present in addition to students...The panelists were both interesting and informative," she said. "I was also very pleased withtheDean's support of our organization." A videotape of the Symposium is available for viewing in the Koren Center oftheLaw Library, Wolfgang said. Videotapes ofpast symposiums are also available. lawyer, you better make sure they can trust you," she said. Also, an attorney must be intimately familiar with the industry in which he or she is representing a client. For an entertainment lawyer, this means knowingabout such things as Arbitron and Neilsen ratings. SamTMrtn know your by Phot i larger salaries, he said. The same is true for radio and other media personalities, but not as extensively. Often, media personalities are tied up with restrictive covenants in their contracts. The second panelist was one of Schulefand's clients, Janet Snyder, radio personality at WKSE, 98.5 F.M. Snyder began her comments on her dealings with the legal profession with "I don't know any law terms, so don't expect me to tell Snyder said that one of the main concerns she,as a client has is being able to trust her attorney. An attorney basically has her life and career in her hands, si 8, Mike Igoe, Money MattersReporter at WGRBTV, Channel 2, was the third panelist. In addition to being a TV news personality, Igoe is also an attorney. He said it was a combination of "luck and circumstance" that landed him a career in television after earning a law degree and practicing law. He also saidthat "alternative careers" for lawyers are not all that unusual. "Nothing is forever," he said, "It's the contacts and circumstances that will lead you to that perfect job. The skills I learned in law school I use every day." Igoe saidthat there are many different ways to use a law degree. The key is finding out what you are interested in and Federal Criminalism, con 'tfrom page 1. Congress delegates the law giving authority to the courts by refusing to enact specific criminal legislation. In doing so, Congress effectively escapes the pressure that wouldnormally be a consequence of taking a definite position. As Kahan sees it, this also frees up time for "making laws for special interest groups that produce much more reward for the legislators." After a short coffee break the symposium reconvened. Professor Sara Sun Beale of The Duke University School of Law told us a political crime story. It started in 1964 when Republican Presidential candidate Barry Goldwater first used the crime issue in his campaign. Goldwater lost the election but his issue won the war, and being labeled as "soft on crime" has been a political kiss of death ever since. Professor Beale suggested psychological explanations for the strong voter conviction(no pun intended) on thecrime issue. Overgeneralization occurs when people form general ideas about an issue based on a small amount of examples. A voter may have no experience with our criminal procedure system other that the O.J. Simpson case but feel that system is flawed based on this one example. According to Beale, "once thisworldviewis formed it isalmost impossible to change, especially if a personal situation is involved." Even the most rational argument against capital punishment may not change the opinion of someone who has had a family member murdered. The most recent example Beale cites of political reactionism to this phenomenon isthat of Bill Clinton. After losing gubernatorial re-election in 1980, the liberal Democrat embraced a pro-death penalty position. Nancy Marion, political science professor at The University ofAkron, picked up here with a look at the substance and symbolism ofClinton's crimeagenda. The Constitution gives most ofthe crime solving power to the states but the voters like to seethe president do something to combat crime. The result, according to Marion, is "symbolic law." Capital Punishment, for example, is never used at the federal level but is onthe books nonetheless. Programs such as Boot Camps, DA.R.E., and /00,000 newpolice officers on thestreets, "look great to voters but fail to solve the problems they address." After lunch Professor Anne M. Coughlin of The University of Virginia School of Law compared and contrast the 1994 Violence Against Women Act with thel9loMann Act. The former deals with the domesticviolence crisis oftoday,while thelatter dealt withtheregulation ofprostitution.Professor Coughlin demonstrated how the two are not so very different. The legislature asked the same question in 1910 as it did two years ago; "why don't the abused women just leave?" In both cases, witnesses for the legislative committees explained that they felt as though they were "prisoners in their own home." University of Chicago Law School Professor Tracey Meares brought thefirst discussion of anti-drug abuse laws controlling for variables of gender, race and education level. The beauty of this presentation was that it was delivered by a highly educated black woman. Meares went on to share her detailed statistical analysis in a warm animated fashion that brought this cold hard data to life. The African American population as awhole (but especially in urban areas) islikely to have a far differentexperience with drug abuse and its legal ramifications than the majority ofwhiteAmerica. According to Meares, this factor, along with low education levels and women concerned for their children, produces significantly different attitudes toward harsh sentencing. For instance, a mother that sees it likely that her child may be involved with drugssomeday is not likely to be in favor oflong sentencing for drug offenders. These same people are also well aware of the disparate treatment of minorities withregard to sentencing. For Meares, "criminal law enforcement has to be equal and provided at the local level." Our next panelist, Mr. Vincent M. Del Buono, was unable to attend as he was called to dutyby the United Nations. After commending Del Buono for his work in that capacity, U.B. Law Professor Errol Meidinger filled in by reading the paper on Criminal Code Reform in the Common World thatDel Buono was scheduled to deliver. Most of the attention on this panel went instead to the provocative theories ofGermanProfessor Bernd Schunemann, University of Munich. "There is a high degree of similarity between the American and German Criminal Code," says Schunemann. On the whole, however, he sees "United States courts moving to the right and German courts to the left." He cites abortion as his prime example. He notes that while the German Constitutional Court denounced abortion in 1975 citing the rights of the embryo, by 1992 that same court had legalized the practice and found that the rights of the embryo were taken care of by pre-abortion counseling. The real concern for Shunemann, however, is that "acts against nature be treated as criminal." Civil law sanctions are not enough here because we entitle harm to be done to our ecosystem "as long as you're rich enough to afford it." For Shunemann, acts against the environment wouldbe criminal long before such things as theft or burglary and even murder. "You see," says Shunemann, "when you kill one man it harms only one but when you kill an ecosystem it harms an entire generation of men to come." After a short coffee break it was five o'clock. The only thing to possibly keep people awake at this point was the witty humor of Mr. Robert Joost. A Harvard Law graduate and administrative law judge, Mr. Joost sees the answer to federal criminallaw problems as areplacement of the current law (Title 18) with his new version (Title 18a)."You might even want to leave them both on the books," he said, "this way prosecutors wouldhave a choice of which is more beneficial." Mr. Joost was much more serious while alone with a small group of us after the conference; "What the United States needs is a clear criminal code. A clear, See Criminal, page 8. �THE OPINION 8 NEWS December 6, 1996 Students speak out about tuition increase Opinions vary, but all agree that the increase is toughest on the students by Jessica Murphy, Editor In Chief Law student opinions about the upcoming spring tuition increase runs hot and cold. 2L Joe Reynolds said, "I was under the TAP maximum by just $14, so I didn't receive any SUSTA. Itlooks like myloans are going to be increased instead. This is a wretched state of affairs." 1L Shannon Herron, "I think that although the tuition increase might be helpful, the Administration does not seem to be using the money effectively. It will make me pay more for the same education thatthe previous years paidless for. There also is no point in making the third years pay, because they will receive absolutely no benefits—they are flushing $625 away." 3L Lynn Wolfgang said, "Sure, any hike in tuition is bad for the student, but UB is still a bargain." An anonymous 1L said, "I think the school is trying to make up for the loss in tuition incurred by not admitting as many students as usual. I think an increase is DrUgS, acceptable if students get some benefit from it, orreceive additional services for it. It is unacceptable ifthe purpose ofthe increase is to apply to a deficit. I also have a concern for those students who are over-extended loan-wise and may notbeable to come up withthe money on such short notice." ÜBLaw School Dean, BarryBoyer, explained that the tuition increase will be effective immediately next semester. Each student currently at UB Law School will be billed an extra $625. Next year's in-state tuition will increase from $6100 to $7350. Next year's non-resident tuition will jumpfrom $10,750t0$12,000. Boyer further explained UB Law's reasons for increasing the tuition midyear. "The basic use of the money is to preserve the some of the curricular improvements we have put into place over the past two years; absent the increase, many things wouldbe at risk (especially programs taught by non-tenure trackfaculty),and we wouldnot have beenable to hire the two new tenure-track faculty this year (Prof. Makau Matua and Prof. Estelle Lav)." UB Law students met Wednesday morning with a surprise note from Kimberly DeWaal, Assistant Director for Admissions and Financial Aid, which outlined UB Law's affirmative steps to minimize the impact of the upcoming spring tuition increase in their mailboxes. The memorandum explained that UB Law School Administrators "have set aside a limited amount of money to assist those people with the greatest need." DeWaal's memorandum also stated that since students already receiving full SUSTA and TAP aid will automatically receive further SUSTA assistance. Students who do not fall within the full SUSTA and TAP category can either increase their loan burden, or write an essay to turn in alongwith a copy oftheir financial aid transcript to cover the increase. The essaysand transcripts will be reviewed by a committee to determine which students have the greatest need, andadditional funding from UBLaw will be made available to help bridge the gap caused by the increase. A second year, joint degree student who prefers to remain anonymous said, "I'm still waiting for the big apology. As a member of the class that started here in Fall '94, we have been hit with two substantial tuition increases under the guise of the new curriculum. We have endured the introduction of the new Research and Writingprogram and Bridge Courses and have seen and will continue to see little tangible benefit. I am encouraged for those of my colleagues to follow, but I await the apology at graduation which begins, 'You have endured much, and we appreciate your efforts and apologize...'" "/ haven't committed a crime, what I failed to do was comply with the law." -David Dinkins, former New York City Mayor, answering accusations that he failed to pay his taxes. con 'tfrom page 6. are selected for their ability to satiate beyond basic nutrition. Southern communities seem to re- flect these traits more than other parts of the United States or other countries, entirely. (I am not in any way persecuting the South but recent dietary studies are focusing on southern cooking styles and customs to determine why there is such a high rate of heart disease and cancer within the region). This illustrates that some communities have difficulty dealing with everyday stress and finding various ways to cope with life. Legalizing drugs would cause problems in communities such as these, whereas if drug use became a problem people in these communities would still be less likely to get help because ofperceptions about mental health and their own ability to deal with drugs. It is not accurate to say that something that works in Amsterdam will work in New York or vice versa. However, as a nation the government can not discriminate between which regions and groups that will be allowed drugs. Once drugs are allowed in the country, suppliers will go where there is demand. The most widely accepted "Works in Europe" argument for legalizing drugs, is that people are going to dothem so why not make it social to enable people to control themselves. Tell that to the young woman, on this campus, who was recently raped by two men she brought home from a bar. Alcohol is legal and it is constantly associated with rape, so I think it is a good idea to have drugs available in social settings. That way, we can stopprosecuting rape altogether, since no one will remember being raped and rapists won't remember raping. Maybe it won't go down like that. Maybe people will be able to control themselves, go to the local tavern, get a little high and come home with a consenting adult. The truth is drugs don't make people violent: they give violent, desper- people a weapon to exploit weaker individuals. Drug dealing is capitalism on octane and the truth is this country has a Constitution and it has laws to protect the people. The legalization of drugs means the free reign of capitalism. The government will not be able to control those whotake that path and we will be faced with human suffering that will lead to the further decline ofthis society. The war on drugs is a valiant fight. Alcohol was a concession and this nation suffers, obesity isa concession and this nation suffers. The government and the people need to take an even stronger stand against narcotics. In order to protect the rights ofthe society as whole, sometimes the freedom of others must be ate limited. Criminal, con'tfrom page 7. concise code will limit the workload. In 1978 U.S. attorneys failed to prosecute twenty-six percent of the complaints brought to them due to a burdensome workload." When ProfessorPaul H.Robinson of Northwestern University School of Law spoke he used a short but sweet David LeftermanTop-Ten List of ideas for Reforming Federal Criminal Law and The modern Penal Code. Nils Olsen, Vice Dean of U.B. Law School, closed the conference around six o'clock with a great deal of thanks and gratitude to all ofthe chairs and panelists, especially Markus Dubber. After the ference Dubber said he "truly feels that criminallaw has been understudied in law I school." He hopes that efforts like this | will bring more recognition to the criminal law department and the ranking of IU.B. Law School in general. Jessup First Year Moot Court Competition � Don't miss what many have called their best Law School experience! � Perfect your oral argument skills for your R&W appellate brief assignment! � General information meetings will be held on Jan 29 at 4:30 and Feb 3 at 5:30. {&■ f to be announced. h t -• fa«» t 'A �FEATURES December 6, 1996 THE OPINION 9 WITH BUTTER EXTRA by Kristiim Wm Scott Frycek Ransom Features Writers Hers * Wow! I literally felt chillsrun up and down my spine while viewing the new Ron Howard film "Ransom". The plot is relatively simple. Tom Mullen,portrayed by Mcl Gibson, is a wealthy airline owner withtheidealfamily. Suddenly,Mullen's perfect life is severely disrupted whenhis son Scan, portrayed by Nick Nolte' spride and joy(Hmmm, wonder how he landed the part), is kidnapped by the bitter and cynical NY City cop Jimmy Shaker, portrayed by Gary Sinise. The movie is fast-paced with a plot thatwill surprise you untilthe credits start rolling. Mcl Gibson's realistic portrayal of the frustrated and distraught father, willing to take on thedevil to save his son, is oscar-worthy. (He's also no eye sore) Gary Sinise is the perfect villain. He is angry at the world for the hand he was dealt in life and in true Robin Hood-like fashion, wantsto stealfrom the rich (Tom Mullen), and give to the poor (himself). Why only 3 gavels? Basically for two reasons. First, Rene Russo's portrayal of Scan's mother is mediocre at best. Her son is stolen from her, hand- cuffed to a bed and fed nothing but candy bars, yet she seems indifferent. Almost as if shealready knows the ending and is just plain bored. Second, the ending is cheesy. Ron Howard should have edited out the last fighting scene between Mullen and Shaker. Not only was it unrealistic, but it gave me troubling flashbacks to the numerous Lethal Weapon movies I had seen. I advise all of you that haven't already seen this flick to do so. It will definitely be worththe money. Rating: 3 Gavels His Grandpa always used to say, "Scotty, never get in a pissing match with a skunk. You'll never win." In this suspenseful, "everyparent's worstnightmare" movie, however, the character of Tom Mullen (played by Mcl Gibson) does just that. Rather than pay of his son's kidnappers, Tom decides to beat them at their own game and offer the would-be ransom as a bounty on their heads. Although Tom's tactic puts his son through a little more torture than expected, inevitably the kidnapper's plans fall through. Sorry grandpa. Surely by now everyone knows and loves "Ransom". Therefore, I'm only going to point out afew interesting items to notice in a second viewing. First of all, I loved theanalogy between Tom's airline and his son. It's ironic that he is willing to make a pay-off to save hisairline but not his son. Secondly, one scene shows Tom contemplating suicide at the same time one of the kidnappers is. This goes to show that the line between the "haves" and the "have nots" is a little finer than many of us would care to recognize. Overall, "Ransom" is tremendous. The only thing more awe-inspiring than the direction and cinematography is the stellaracting of Mcl Gibson. He is just as believable playing the role ofthe doting father/husband as he is portraying the hardnosed, corrupt airline executive. The onlything I wouldchange about the movie isthe phony, "showdown at the OK corral" finale between Gibson and Star Trek Commentary by Nathan Van Loon, special to the Opinion With the collapse ofthe Soviet Empire, America no longer has an enemy who could exterminate all two hundred and sixty-five million of us in under an hour. Yet now the folks at Paramount Pictures have one upped the Russians with an antagonist that doesn't want to kill us off, but instead make us one of them. Perhaps you've heard of these radical mechanical men, bringing their technology and their politics with them from beyond the stars. They believe that everyone should jointhe Collective. They believe thatthe individual will be assimilated into the whole. They believe that resistance is futile. They are the Borg. I suppose that there are extraordinary events in everyone's life. For many of us the sight of a massive Borg ship in Earth'sorbitattackedbyafleetofStarfleet ships shall be extraordinary. No doubt any movie-goer will sit transfixed in their chair as the phasers and photon torpedoes flash upon the screen in Star Trek: First Contact. However what makes this movie a cut above a movie like Independence Day, is that there isactually a plot involved besides "Destroy them pesky aliens!" Picard, Captain of the new Enterprise E, and his redoubtable crew rush homeward to Earth to join the battle and manage to help destroy the Borg ship. Yet in its last dying gasp theBorg vessel ejects a pod that opens a temporalanomaly allowing them to travel back in time to strangletheFederation its infancy. Picard leads the Enterprise into the anomaly to fight this new menace, and then the true battle begins. The battle for the souls of Data and Picard are played for by the best Star Trek villain since Khan in Star Trek II: The Borg Queen. It is this battle which takes the film to a higher level than its science fiction contemporaries, and elevates it to the level of art. In good conscience I cannot reveal the ending to this film to those in the viewing public who didnot go on the first weekend ofrelease. Let us just contemplate what would happen however if Picard and his crew failed in their mission. Janeway and company would be travellingacross the galaxy to come home to a planet inhabited by nine billion Borg. The crew ofDeep Space Ninewould have to flee through the wormhole into the waiting hands ofthe Dominion. And Paramount Pictures would be out of a lot of money. Draw your ownconclusions as to the likelihood of that ever happening. Trek: First Contact opens on Friday, November 22nd. For our next installment I pose this question to our readers: Which is the better Captain, Kirk Picard, Sisko, or Janeway and why? The result of this inquiry will be reported in our next edition. Send your responses to Box 553. the head kidnapper (played by Gary Sinise). Other than that, go seethis movie again and again. Just be sure to bring your kids with you. Rating: 3 1/2 gavels Have you got a great story idea? A neat idea for a Column ? Do yoWg want to get in- ' 'Imtlved? Call us a| £45-2147, drop c in Box 755, om Wmop by room 7 v basement! Hpl would love new ideas andfredh M)te OiitlooksJ Grape ine THEV by CSNichon and Scott Lovelock, Special to the Opinion A approach, the most frequently asked question by many, besides the spread in the football game, is what kind of wine should be served with dinner It should be noted, first and foremost, that the reader should onetotell them whatwine never they must serve with a meal. We are the fir others to choose what they like. Instead, we offer suggestions of wines that would be wellsuited for the diversity found in most holiday meals. Specifically.two varietals, PinotNoir and Zinfandel. are particularly well matched for holiday dinner. The key to the holiday dinner is the diverse food offering found at the table. Were the dinner to consist solely of turkey , a dry Chardonnay or acrLspSauvignon Blanc would work quite well However, the holidays represents a veritable cornucopia of offerings. With this great mix of flavors, a wine that compliments the many spices found in the dinner would be the best match. Pinot Noir, a lighter style red, has a great many similar spices to that traditionally found at a.holiday meal. Both represent the lighter, less dry spectrum of the reds and will often appeal to diverse Estancia, Stonestreet, Domaine Droughin and Calera. Among that group, Estancia is thelightest and most inexpensive. The Stonestreet and Droughin are much fuller and have a higher price tag, but both represent about the best in Pinof. The Calera is more middle of the road with plenty of yummy fruit, and we have found to reach the most number of people's approval. California and Oregon Pinols are the best bets Among the Zinfandels, the Frog's Leap is the a wonderful offering. In addition, Silverado. Montevina and Mondavial I will stand up well at any holiday dinner table. Saludi Scott Lovelock is v Third Year at UB Law. He is a graduate of the Culinary Institute of America, and has amassed an extensive wine collection His expertise encompasses far more than just wine knowledge. If you lunv any questions regarding wines and spirits, please ctmtact the Opinion in Room 7, e- drop a note in box 755. �FEATURES THE OPINION 10 December 6, 1996 Focus on Family Court Judge Michael Battle Former UB Law Alumnus personable and professional by Jessica Murphy, Editor In Chief When I arrived at Family Court Judge Michael Battle's Chambers, the door was wide open. The first thing I noticed was how small the chambers for a judge were, but the outer office was warm. Immediately, the secretary greeted me and offered me a seat. I noticed on my right the picture of a very happy baby on a beach. When I walked into Judge Battle's office, it was also smaller thanwhat I pictured a judge's office to be, but personal nonetheless. Nothing was stiff or ornate. This was the office of a man who sincerely tried to serve the people and do his job to the best ofhis ability. Judge Battle is a very busy man. But, despite his hectic schedule, not one person interrupted us, not even a phone call. Although I had only twenty minutes...they were all mine. I wish you could have been there when I talked to him. His presence is hard to describe. He is overwhelming and unassuming all at once. His eyes lent a deeper meaning to his words and he infused a lot of humor throughout our conversation. Where are you from originally? The Bronx, New York. Where did you end up going to college? Ithaca College, I left New York in 1973. Did you miss the city? Well, I was a fish out of water in Ithaca. I mean, when you grow up in New York City, you tend to think the rest of the world looks like New were in law school? How has the law changed or the legal profession? The legal profession—Other than technologically, it hasn't changed a whole lot. We had Westlaw when I was in law school, but it's nothing like what the law school has now. The use of computers for so many differentthings in the profession is much more pervasive than it was when I started out. We didn't come into the profession with a lot of training, so many of us had to learn to do that mid-point. My first real exposure to computers came in 1989-1990 when I was at the U.S. Attorneys' office, and the Department of Justice decided we were going to be as computerized as the private sector. They sort of stuffed it down our throats-but it was a good opportunity for us to learn. That's one of the ways the legal profession has really changed as far as I'm concerned. But, you'll still find that a lot of government agencies in particular are still very behind the times in development and use ofthis technology. Do you think a lack of technology saw your name in it, they'd call you up or sende-mailsaying, "Hey, give me thereal nitty-gritty on what happened in this case other than what I'm going to find in the books." That was a very useful tool. We were also networked with the Clerk's offices at the District Courts, so we could get copies ofthe pleadings or look at a file without even going to the nature. Many courthouse...things of that government offices at the lower levels are very behind in that kind oftechnology and need to catch up. What was your first job right out of law school? The Legal Aid Society in New York City. And, that is exactly where I wanted to go. One ofthe reasons why I wanted to go to law school was to go back to community I left and represent people who couldn't afford lawyers. So, I took a job with the Civil Division of Legal Aid in Harlem. So, how didyou end up in Buffalo? My wife was two years behind me in college, and she came to Buffalo when I was entering into my third year of law York City. It was a bit of a culture shock for me, but it was something I was willing to do. One of the things that made it easier for me was that one of my good friends better for your family or better for your community, and in each of these from high school went to school there with me. So, you ended up going to UB Law School? Yes,right after Ithaca College. Why UB Law? UB Law for two reasons, one—very personalwas that I met the woman I ultimately married while at Ithaca College, who was from Buffalo and with whom I hoped to c a future. The second was monetary. The school had a good reputation but wouldn't cost me half as much as Hofstra or NYU, where I had also been accepted. Why did you go into law? That's a very interesting question. I started out in my sophomore year of college...l just stumbled upon a job with the family court as a summer position. That was my first real exposure to the legal profession. It was a combination of getting to know some of the lawyers who worked in that area and some ofthe judges who I became friends with as well as friends who were attending CornellLaw School while I was at Ithaca College that I developed any interest in the law whatsoever. It was something to give some thought to about what I was going to do after I graduated from college. I made the decision to go to law school about midway through my sophomore year of college and then I focused just about everything I did to prepare myself for the LSAT, deciding what law schools 1 wanted to apply to and attend and simply getting ready to be a lawyer. It was something I sort of walked into, but once I developed a desire to do so, I was extremely focused. How has the law changed since you ment of being in the big city. Plus, after all those years away, I began to realize there was more to life than living in the Big Apple. I love the Big Apple, that's my home and I love being there, but I needed to take care ofmy personal life. I needed to thinkabout the schools my kids were going to go to...theplaces I was able to afford to live...safety and security for my wife and my family...and I felt that Western New York could offer those things that I couldn't get in New York City. When I came back, I accepted a position with the U.S. Attorney's office from a friend of mine for whom I had worked while I was in law school, Sal Martoche. He hired me, and I never looked back. In fact, it was one ofthe best decisions I've ever made in my life. You've just been elected to a term as a Family Court judge, do you have any plans for after your term? It's ten years down the road, and I have this terriblereputation for changing jobs every two years...and I say this tongue in cheek. It's just goodfortune because I have been in positions where opportunities have presented themselves and people have selected me to be a part of those opportunities, so I haven't left jobs because I hated them or wanted to do something else, it's only because better opportunities came along. Sometimes you have to take advantage of those opportunities, because they may not come back around. And, they're not always better for you, but they're Family Court Judge Michael Battle undermines the success rate of these agencies? In many ways, it does...lt slows down the process and I have my own thoughts as to why they've waited so long to catch up. Some might argue it's economic, I wouldargue that it'sa combination of money and a combination of politics.. .but I' m not going to get into that! But I think it has been a problem, especially in aplace like the Attorney General's office. The civil nature of that practice over there is so paper intensive. One of the things they're really behind on is the ability to communicate with one another. Some ofthe equipment they use is somewhat antiquated, but I thinkthe inability to communicate with one another around the state and even intra-office is something that puts them way behind the eight ball. When I was in the Federal Defenders Office, we were linked up withevery other Federal Defenders Office in the nation. And, you could pull up on the screen the names of every Federal Defender around the country. On a number of occasions, I used that network to get information about cases or decisions, and people sought me out because very often in Federal Court you're trying cases of first impression. So, when someone looked up a case and school. By that time, I had been away from home for about seven years, so I wanted to get back to New York to spend some time with my family. I decided that I wanted to begin my career in New York since that's where I had my contacts I had continued to work in the Family Court every summer during college, and subsequent to that, at the Legal Aid Society during the summers while I was in law school. So, when I went to apply for a job during my third year of law school with Legal Aid Society, they didn't even want to interview me~they were ready to give me a job right away. They offered me a position, and that cut down the need to look anywhere else,because I was exactly where I wanted to be. I accepted the job, and I toldmy wifethat I wanted to goback to New York for a while to spend time with my family and to develop my practice there. We stayed in New York for about three and a half years, and we had a couple of kids while we were there...l realized that after a while I had just gotten fed up and had outgrown New York...My life had changed. My focus was now on my kids and my family and my career, and I wasn't so much focused on the excite- cases I thought that making these changes involved those kinds of advantages. As far as ten years down the road? I don't know...if another opportunity comes along...At this point, I enjoy being a judge, so it wouldhave to be a judicial opportunity. And, I can't say where that would come from because what I learned about politics this summer, it just depends on what direction the windis blowing when you're standing. If I could continue to serve the community in this capacity, I would certainly do it. But, now? I have no plans. Was it weird to put onthe judge's robe for thefirst time? Yeah! That was strange. That took some getting used to. I'm finally becoming accustomed to it. First of all, it was hot. They're very warm. I guessyou could get some better ones, but most of them seem to have too much polyester in them. They're flowing, so it's hard to sit downwith them and they have the big sleeves, so I'm always pushing my arms out. Itreally took some getting used to, but I do it every day now. I'm in the robe six to eight hours a day. It's funny, though...when 1 put it on, I'm so accustomed to it, I don't think about it when I put it on. But when I walk out of my chambers, and I see someone standing out there, I have to remember I look differentthan everyone else. So, ifI walk out into the hall when there's a lot of people, they all go, Whoa! So, I have to remember that. Sometimes, I'll put the robe on with the intention of going into the courtroom, but then someone will catch my attention or say "Judge can I See Battle, page 11 �Battle, talk to you?" and the other people around say, "Hi Judge!" and sort ofstand atattention. I have toremember that I'm stillthe same person, but that I represent a certain office. I have to be conscious of the impact that the role has on other people. Was it hard getting used to being called Judge? It's still hard...it's a very difficult thing. It's something that I'm certainly proud of, but not necessarily excited about that kind of attention. It's like a new first name. When I step into an elevator,and it'sfull ofstrange people.. .and then oneperson recognizes you, and says, "Hello, Judge." Everybody turns around and looks at you. It's hopefully out of respect, which is good...but it does take some getting used to. What was it like to go into the courtroom and have your entire perspective be backwards? That has also taken some getting used to. I spent so many years on the other side. I'm probably more active and I probably spend more timeacting like one ofthe lawyers in the courtroom thanmany other judges do. Again, I have to be careful not to be an advocate and I have to be careful not to try to push the case in a certain direction. I remember how much I hated it whenjudges did that with me, so when I need to get information from someone providing testimony, I try to do it in a subtle manner so as not to embarrass or impose upon anyone. So, I try to preface the questions with "I just need some clarification here..." I don't wantto be an over-bearing person. I want the lawyers who come to my courtroom to know that I'm there to work with them, not against them, not for them, but to help all of us get to the bottom of it so we can get a solution. I always try to remember whatI wouldhave wantedwhen I was a lawyer. What sort of cases doyou hear the rhost? A lot more custody and visitation issues than I thought I would. I thought there would be a lot more juvenile issues, and we certainly have our share. Nowadays, a lot of cases focus on a custodial parent wanting to leave the geographic location. Those are tough cases...when it's local its a little bit easier to—not literally-split thebaby inhalf.. .but when you're talking about hundreds of miles, it becomes a real problem. Do you think the children got forgotten in cases like these? Yes, that's why I give a lot of deference to the law guardian. I know the kids can't protect J| IB THE OPINION FEATURES December 6, 1996 con 'tfrom page 10. themselves. I put a lot ofpressure on the law guardians to protect their clients. I make sure that in every case that I have about custody or visitation, I have a law guardian, even if at the outset ofthe case we aren't sure about which direction it's going...l want to make sure the kids have representation. I put a lot ofpressure on the law guardians to put a lot of pressure on the parents to never forget that we're all there for the best interests ofthe child. Do you think Family Court is effective? I think it most certainly is. I thinkFamilyCourtgetsabadrap. You've gotto understand whattherap is. The rap is that it is a no-win situation for people, so it's not only a miserable place to be a lawyer, but also to be a party and certainly to be a judge. I think we'd be a lot worse off if we didn't have a Family Court. I think this particular court has alot ofvery caring judges, and a lot of very caring people and a lot of very caring professional lawyers. If you justtake a minute or two to try to do what makes the most sense in applying the law, you almost have to think about applying the law as a last resort. Let me give you an example. I try to forget about what's legally right, but to think about what makes the most sensefor thefamilies and for the children. I spend a lot of time doing that. And, if that doesn't work then the only thing left for me to do is to apply the law. Even in that situation, I try to apply the most common sense solution to the situation. Sometimes thatflies in theface of the law, so then you have to do a balancing act: Do I want to take a chance in doing that? And, sometimes it's worth doing, even though you're going to get reversed on appeal. Or, sometimes you just apply the law knowing that somebody's going to get hurt, and at that point you've got to say, "This is what you wanted, this iswhat you've got." You just do this on a caseby-case basis. So, yes, I think that Family Court is very effective. You mentioned common sense, does anybody train Family Court judges on what the best interests of a child are? I haven't been to judges' school yet, so I can't tell you the answer. You just have to apply the law, and in Family Court, you bringall of your experiences with you. I have a very good friend in New Yorkwho was a law guardian for Legal Aid Society for about 25 years,and heand I were talkingabout me being on the bench. He told me, "The best ■j«MM«dBJ| F m" W thing you will bring to that court is yourself, your experience, your background. That's really what is most necessary." Thereare a lot of grey areas, you're dealingwith emotions and you're dealing with a part of our system that deals with the very core ofour society-the family. It's an institution that takes some nurturing and caring because so many things gointo when it works and when it doesn't work. And, so many things have to be looked at in order to fix what's broken. It's a lot differentthan applying punishment to someone convicted ofa crime, andeven thattakes a lot ofenergy. You've got to think about situations where kids are going to beraised by people other than their parents or their natural parents by becoming wards of the state. Their parents have drug problems, or the parents are separated...it doesn't work. And, all through this presidential campaign, we kept hearing about villages and families raising children...well, that's what raises children. Regardless of anything else, you look at communities throughout our world, children need a sense ofcontinuity in theirlives, they need a sense ofbalance. If families are breaking up, they're not going to get that. Kids can't be raised on the streets, they get the wrong messages that way. Then the court has to spend time fixing those problems. How do you separate work from your family? I learned a long time ago after developing a peptic ulcer that working for Legal Aid in New York City, that I leave my job at night at the office. My wife is very good at helping me do that. And, you just have to learn to separate yourself. No doubt there are going to be days when I leave here and I agonize over a decision I've made or I'm going to have to make...and that just comes with the territory. I just choose to do it. I know I'm going to get around that by knowing I'm going to get here early enough in the morning to get my head on right, and I'm going to stay late enough ifI need to to get my head on right. So that I can honestly say to myselfwhen I leave at the end of the day, I completed everything I set outto do that day. That which I left undone, I would get in early enough to starttomorrow before I have to start serving. Onthe rare occasions when I have to take the workhome with me, I justdoit. I stay here until I complete what I've started, and it's helped me to separate work from home. And, sometimes I stop at the gym on the way home, and that helps too. Who was your favorite boss? Every boss I've had is my favorite boss. I was very lucky, I've never had one bad boss in all thejobs I had. There may have been one or two that I disagreed with how they did things, but I always had great relationships with them and they always treated me very well. That may have been one ofthe reasons why I have beenable to go in the directions that I have. What sort ofadvice to you have to students looking for jobs? I learned law from my willingness to leave New York City and come to Buffalo, that-and I tell this to a lot of law students-don't be afraid to look for a job somewhere else. Don't lock yourself into having to have a job in Buffalo or Manhattan or Washington, DC.. .Be flexible enough to be willing to go somewhere else...Obviously, if you think you want to end up in New York State, take the New York Bar, but cast your net for job opportunities in other places...lf you like cold weather, go to those places; If you like warm weather, go to those places. I would never have dreamed that I would be working in Buffalo when I was in law school. Simply because I absolutely hated Buffalo when I got out oflaw school because I had a New York state of mind. Buffalo was a boring, backward, blue collar town, so I left. Us New Yorkers, you know we're so prejudiced, thinking that New York City is the center ofthe world...A lot ofpeople think New York City is the armpit of theworld. But, when you start to look at the world from a different perspective and you start to think about the quality oflife and longevity...there are many places you can go and be a big fish in a smallpond and have a lot more opportunity than you would in other places. I would get lost in the shuffle, I think, in New York or Washington. Because Buffalo is a small enough legal community, it has provided me the opportunity to get to know a lot ofpeople. It's a great place to practice law. What do we really want out oflife? We want a job that we like,and to be close to our familes. We want to maybe raise our own families and we want to have friends so we have someone to be with so that when we're not with our families we have something to do. We want familiar surroundings. So, I tell young grads...don'tbe afraid to move around. You can always come back home. It's a big world out there. FRIEND WHO ABUSES HIS WIFE. but not nearly as hard AS BEING HIS WIFE. 11 �ADVERTISEMENT December 6, 1996 I I Did you know that... more than I I I BUFFALO LAW GRADUATES I 12 I I I I I I 1 I I THE OPINION BAR/BRI to prepare them for the February & July 1996 New York Bar Exams Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. Buffalo Law's #1 Choice for Bar Review bwdbri BAR REVIEW Trust the POWER OF EXPERIENCE™ to Work for You I I I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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Dean Alan Carrel said that everybody who had SUSTA got the tuition paid for, and that the school set aside some money for other students who needed it. Carrel said, "Everybody who applied by the deadline received a grant for the full amount ofthe addi- aid remains available in the face of Governor Pataki's proposed SUN V budget cuts remains to be seen. The Times Union in Albany re- ported on January 30 that "[tjucked into Pataki's proposed 1997-98 budget is a plan to eliminate the state's [$2.3 million] Tuition Assistance Program for all graduate students." Dean Carrel said it was too early to tell how pressure tional tuition. We then extendedthe See Tuition, pg 6 wards their tuition. So, anybody who Commencement Committee Plans Ceremony, Festivities by Kristin Greeley, News Editor This year's commencement committee is hard at work planning the commencement ceremony and activities for Senior Week. The committee was formed last Spring. Most ofthe members volunteered for the committee to Marie McLeod. The original group of twelve met once over the summer. The SBA believed that the committee should solicit members from the senior class at large, so it advertised. Four letters of intent were received; all applicants were added to the committee. Dean Boyer is the faculty member/advisor. Student committeemembers include: 3Ls Stacey Davis, Leslie Piatt, Jessica Murphy, Georgette Hasiotis, Michael Kotin, Molly Kocialski, Melissa Hancock, Steve Berman, Scott Lovelock, Kirn Schwinge, Lynn Wolfgang and Joanna Silver. The main concern of the committee has been to find a speaker for commencement. Originally, the committee had planned to have graduating seniors vote for the speaker. February 12, 1997 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW However, when the commitee solicited suggestions from the class, they received few responses. Their first choice was Supreme Court JusticeRuth Bader-Ginsberg. This choice met with opposition from the University. The University invited Ginsberg to speak at their Susquecentennial celebration. The law school was unable to host Ginsberg because the University had already conferred an honorary degree on her, and would not allow the Law school to give her another. The Committee's second choice, Chief Justice ofthe New York State Court ofAppeals JudithKaye, declinedthe invitation. According to Dean Barry Boyer, Justice Kaye said that early summer is a busy time for the Court and speaking at commencements at that time can be overwhelming. The committee now has a verbal committment from Herald Price Fahringer, Esq. Fahringer is a partner in the New York City firm ofLipsitz, Green, Fahringer, Roll, Salisbury & Cambria. He specializes in First Amendment litigation and has argued fourteen cases in front of the U.S. Supreme Court. Fahringer, a 1956 UB Law alumnus, serves on the Dean's Advisory Counalso cil. Currently, Mr. Fahringer is involved with the litigation regarding the "zoning- out" of the adult entertainment industry in New York City. "He's a very noted, celebrated attorney, and a UB grad. That's something to be proud of," said committee member Lynn Wolfgang. "We looked for someone who had the reputation and ties to the University," said committee member Molly Kocialski. "I think he will be a very good speaker...He's a very interesting and engaging person. It should be interesting," said Dean Boyer. In addition toprocuring a commencement speaker, the committee is also responsible for collecting nominations for student speaker and the faculty awards. The committee is also planning a Senior Week of social activities this year. The committee has not finalizedany plans for Senior Week activities as of yet, but will in the next few weeks. They are also looking for ways to fund these activi- ties. "We got an early start... We're going to be doing a lot of things for SeniorWeek. We justneed to nail things down and look at the financial situation," Kocialski said. She added that if anyone has any ideas for fundraising or Senior Week activities, they should contact one ofthe committee members or Marie McLeod in Room 3068. "I hope lots of people will come to the activities. The idea of having some fun after all ofthe work of law school is a good one," Dean Boyer said. UB Trial Technique Makes History Again The University at Buffalo Law School is more than just a force to be reckoned with whenit comes to trial technique. They were the team to beat! Each team of three competitors placed within the top eight teams out of a field of thirty two squads competiting from schools whichhailedfrom New York State, New Jersey and Connecticut. The competitors which represented UB were 3L's David Pfalsgraf, Caroline Hooper, Kristina Karle, David Plochocki, Daniel Killelea, Jessica Murphy and Michael Beckelman. Theteam blossomed under the tutelage ofthree area attorneys, Diane LaVallee, Jaseph Marusak and Robert Murphy, who gavecountlesshorns of coaching and support. v See the next issue ofthe Opinion for details and pictures! y Environmental Clinic Era Ends by Leonard Heyman, Staff Writer Dean R. Nils Olsen's much loved Environmental Law Clinic is in its final semester. The slated cancellation has motivated some students to circulate a petition in hopes ofswaying the administration to reconsider. They will be meeting with Dean Boyer on Friday, February 14, dodiscussthe clinic's fate. "I very much regret it," Olsensaid, "I've enjoyed it enormously. Its been a wonderful experience. I've worked with a lot ofvery fine students... and we've provided a public service to a degree." Olsen says he simply doesn't have enough time to do the clinic anymore. lt just isn't fair to me or the students or the clients to continue something when I ye got all these otherresponsibilities," he said, referring to his administrative and teaching duties. When asked of the possibility of hiring staff to carry on the clinic or even to provide another environmental law clinic sometime in the future, Olsen responded, "We are not hiring people. We don't have a lot of money. This is a very sophisticated and difficult practice. I would have to hire an experienced lawyer, and they don't come cheap." In response to rumors that the environmental law clinic has succumbed to political pressures, Olsen responded, "it isn't anything political at all. If it was, I wouldchange what I was doing, I suppose. There is a lot ofdifferentkinds of environmental law." "Clinical courses provide an understanding ofthe essential relationship between thinking about legal problems and dealing with client problems," says the 1996-97 Law School Catalog. Ron Link, a 1L who took an environmentally-related bridge course last month, said that the clinic representeda significant asset to the school. "Two alumni spoke in my bridge course and they raved about it. Some of the students probably a dozen or so were getting excited about it," Link said. He added that when he heard itwas to be cancelled, he was disappointed. The students decided to show their support for the course by starting a petition to keep the course. v - — See Clinic, pg 6 - �2 FEATURES THE OPINION February 12, 1997 BUFFALO CHIPS Columnist Terry McNamara Clinton Inauguration A Mix of Tradition, Iconoclasm and Acceptance President Clinton took the oath of office for his second term Monday January 20, Martin Luther King Day, amid a weekend celebration of both the traditional and not-so-traditional touchstones ofAmerican culture. Amassive fireworks display, with nine separate locations around the District, was coordinated with a radio simulcast of patriotic tunes, allowing families from everyneighborhood to enjoy the display without having to travel far from their homes. This turned out to be very good planning given the bitter cold that swept the entire nation that weekend. Police cars took up position on the shoulders of all the expressways circling the city, leaving their flashers on to protect the rows of car pulled over to watch the spectacle. Saturday and Sunday saw the Mall between the Capitol and the Washington Monument filled with hundreds ofthousands of spectators. Large heated tents served as auditoriums, with the crowds exceeding by far any seating capacity inside the tents. Complete strangers from all walks oflife stoodtogether in huddled groups to protect themselves from the cold, listening to loudspeakers relaying the events inside the tents. The choice of performers purposefully emphasized "a little something for everyone," as every conceivable niche in American culture was presented at least once somewhere over the two days ofactivities. Performers included everyonefrom Elmo and the Sesame Street Gang to the Washington Gay Men's Choir to a recreation of the Will Rogers stage show of years past, from American Indian dancing troupes around the country to African-American storytellers, to Celtic performers to Bob Weir of the Grateful Dead. Sixties iconoclasm showeditselfalive and well outside the Weir and Friends show on Sunday, as theunmistakable smell of marijuana wafted through the crowd, and college students dressed like Andean goat herders danced the afternoon away in the crisp, blazingsunshine as uniformed and plainclothes officers everywhere nonchalantly stood by taking in theactivities. The Inauguration began Monday morning withasingalong ofpatriotictunes led by the United States Marine Band with choirs from local universities, and an invocation delivered by the Reverend Billy Graham. The Vice Presidential Oath was administered to Gore by Ruth BaderGinsberg before William Rehnquist administered the Presidential Oath to Clinton, with a musical interlude performed by Jessye Norman. Horror came to my face as people in their twenties around me, obviously enrolled in college from their previous conversations, asked each other who was this Jessye Norman! My generation disappointed me twice during the ceremony,first by not knowing such an American icon as Ms. Norman, and secondly by the young men in the crowd failing to remove their baseball caps during the Pledge of Allegiance and the National Anthem. To fail to remove them was only a combination of vanity and ignorance of decorum. For a crowd so politically mobilized as to have acquired tickets to the Inauguration to begin with, such ignorance was overwhelming! Security around the Inauguration was a combination of alertness and unobtrusiveness. Snipers were posted on the rooftops ofall surrounding buildings; uniformed and plainclothes officers were everywhere. Food vendors were banned from the area for fears of a sabotaged exploding propane tank decimating the nearby crowd. Yet 250,000 people entered the cordoned-off area of the Mall without having their purses or backpacks searched at all. Any explosive or firearm could have been brought into the Mall without the slightest worry of discovery until such a weapon was drawn. People sat on the ground along every wall throughout the Court and the upper floors, eating their first meal since boarding their trains that morning. The Station looked like a refugee camp as people, famished from having walked miles in the cold over the course of the day, scarfed down anything from whatever kiosk they were lucky enough to find still stocked with food! The Inauguration and the following Parade were family events through and through. Marching bands from around the country abounded, with the Chiefs of American Indian Nations across the continent holding the honor of leading the Parade. Children sat on parents' shoulders, or up high on platforms along the route, or in otherwise off-limits park grounds with their mothers holding their hands, wherever they could see the event easier. There was an almost complete lack of protesters anywhere on Monday, with only two exceptions that I saw along the parade route. The first was a single fourfoot-by-seven-foot captioned photo of a supposedly aborted fetus, in full technicolor. The second was a group of protesters holding anti-gay signs with such intelligent captions as "Save The Gerbils" accompanied by a lewd cartoon drawing, "Hillary Clinton: Fag Lover (Lev. 18:22)"and "Bill Clinton's America Is The Fag Capital Of The World." A single man came up to this crowd and began chanting "put the signs down!" as the Presidential motorcade approached. The entire crowd backed up this lone soul in humiliating these people for their meanspirited attempt at ruining the day for others. The ignorami held on just long enough to make the appropriate brouhaha as the flatbed carrying the Press Corps drove by, before beating a hasty retreat taking their hate signs with them. When presented with the choice of protecting the spirit ofthe day for everyone and their families and friends, or allowing a small group ofhatemongers to ruin the day, the crowd chose acceptance over hate. That made me proud to be American. ETHICS EXAM THE PIEPER MPIIE REVIEW * 7 1/2 Hours of Lecture * 240 Page MPRE Review Book * IJO Practice Questions and Answers * A Complete set of Mnemonics to aid in the recall of the rules to To introduce you the Pieper program, John Pieper is offering the MPlti: Review 100% FREE to any and all students taking the exam, whether you are registered or not. Please call 4or locations and to reserve a seat. Live Lertmrts Feb. IS. Tmme Leetmremi Feb. S3. Mar. 2 A Mmr. 9. mmmetmmpnm I I 1-800-635-6569 �NEWS/FEATURES February 12, 1997 News Briefs Chow Down with Dean Boyer Do you dream about having the Dean's attention for just five minutes in order to voice a concern or find out what he's thinking about a certain issue? Well, dream no more. You can have lunch withDean Boyer onWednesday, February 26, at noon in theFaculty lounge. Lunch with the Deans is the brainchild of 3L Jeff Stravino. Stravino got the ideafrom similar lunches held in the Management School. He approached Dean Boyer with the idea, who was quite receptive to it. Stravino says that the reason for the lunches is to open up a dialogue among the students and administrators. Students can voice concerns and their experiences with the law school. "It also gives the Dean the opportunity to discuss what he's doing, for example, with respect to the new curriculum and budget cuts, and to get feedback on the Bridge Courses, " Stravino said. According to Stravino, Boyer is especially interested in getting studentfeedback on theBridge Courses. The meal will be a brown bag lunch limited to about 15-18 students. Interested students should leave a note in Stravino's Box, number 818. Attendance is on a first-come, first-served basis. Stravino hopes that students from each class will attend. Stravino said that ifthislunch with Dean Boyer is successful, there will be more in the future featuring other Deans. ■r HF ■r ' THE OPINION 3 ... In and Out of the University UB Law Professor Elected President of Law Association David M. Engel, professor oflaw and director of the Baldy Center for Law and Social Policy at the University at Buffalo, has been elected president of the 1,400 member Law and Society Association (LSA). Engel will be installed as president at the group's annual meeting in St. Louis in June. Membersofthe LSA, founded in 1965, include U.S. andinternational scholarsfrom the fields of law, sociology, political science, psychology, anthropology, economics and history. Concerned with the role of law in social, political, economicand cultural life, a major aim of LSA is to encourage input from a variety of disciplines into the study of sociolegal topics. A UB faculty member since 1985, Engel teaches courses in law, culture and society, andlaw and social science. A book he co-authored, Law and Community in Three American Towns won LSA's book award in 1996. He is the associate editor of Law & Society Review, the LSA journal. Before joining the UB faculty, he served as a research attorney and project director for the American Bar Foundation and as a Peace Corps volunteer, teacher and educational supervisor working in Songkhla, Thailand. Karen Richardson who gave birth to Matthew Joseph also on February 2nd. Techno-peasants take notice According to Technology Support, about 50 law students do not have e-mail accounts through the Unix system at ÜB. Tech Support Staffer Helene Borden says that itwould make life easier for professors who wanted to communicate with their students via e-mail if Tech. Support could give the professor a complete list of e-mail addresses for an entire class. This would save professors the trouble ofhaving to use class time to find out students' e-mail addresses that they have through other services. To activate an account (we all have them, some people simply have not activatedthem yet), students onlyneed to go to the Computing Center and get their passsword. Lawyers Group Hosts Luncheon It's a Boy!!! Congratulations to Kimberly DeWaal who delivered a health baby boy, eight pounds and five ounces on Sunday, February 2nd. Congratulations also to 3L iPil\U Mr 4 B mBk --.mX *ai M Western New YorkLawyers forLife will present the ninth Thomas K. Twist Luncheon Lecture, at King's Court Restaurant, 189 Delaware Avenue in Buffalo, on Thursday, February 20, at 12:00 noon. Those attending will view a 25 minute video documentary, After the Choice, in which women relate their personal experiences before, during and after undergoing elective abortions. All interested members of the public are welcome. The luncheon price is $ 10.00($6.00 for students). Please call Holly Hite(631 5661) or Amy Zuba (634-6750) to make reservations. B^^BBLUkjiWi^ijUn '^B y B* '■^f^P^^aM^^^aaal CHILD ABUSE PREVENTION CAMPAIGN MAGAZINE AD NO.CA-2768-90-4 5/s" x5" [110 Screen] Volunteer Agency: Lintas: New York, Campaign Director: Beth M. Pritchard, S. C. Johnson & Son, Inc SUMMER LAW STUDY in Barcelona Dublin Florence London Oxford Paris Russia San Diego T JIT) University of San Diego FOREIGN LAW PROGRAMS SCHOOLOF LAW 5998 Alcala Park San Diego. CA 92110-2492 e-mail: cking@usdlaw.acusd.edu fax: 619/260-2230 URL: http://192.215.86.80r http://www.acusd.edu/OnCampus �EDITORIAL THE OPINION 4 OPINION Founded 1949 Volume 37, No. 7 && Fe bruary 12, 1997 February 12,1997 Tell us your opinion! rrent ff you hsve a that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than events topic A!i s«l*BfesKH»are4Be(be Wednesday before wepublish in the hotJwc outside Jessica V. Murphy Editor-in-Chief Julie E. Meyer Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Jill Ann Baer Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson Assistant News Editor: SA. Cole Senior Editor: StevenBachmann Dietz The Opinions a non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork atBuffalo School ofLaw. Copyright 1996by The Opinion, SBA. Any reproduction olmaterials hereinis strictlyprohibited without theexpress consentoftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on theThursday preceding publication. Submissions may either be mailed to The Opinion, or dropped offoutside of the Opinion office in th ebasement of O'Brian Hall, Room 7. All copy mustbe typed, single-spaced, andsubmitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen writtenas apart ofa dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more thantwo pages single spaced. We reserve the right to edit any andall submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all theviews expressed in this newspaper are necessarily those of the Editors or Staff of ReEDtIuTOrN nALh:o ormalcy Getting slashed to death is a rough But watching culture get slashed while you stand powerless to stop the action is a rough way to live. Nicole Brown Simpson and Ronald Goldman weren't the only victims in that media way to go. feeding-frenzy known as the "OJ cases." The American people, the American justice system, and theAmerican media went right down with them. Now that the cases are over, Nicole Brown Simpson and Ronald Goldman aren't coming back. But the people, the system, and the media have to persevere. What will happen, as we poke our heads out of the bomb shelter to re-invent the scorched earth around us? The American people will recover. We always do. It's no accident that Jonßenet Ramsey, with her bleachedblond tresses, has already pre-empted Nicole's shining locks on the cover of the finer tabloids. It's no accident that Ennis Cosby, although a personage slightly too wholesome to really do his venue justice, took up the slack when it was obvious the Ramsey case wasn't going anywhere. If this sounds more like a problem withthemediathan withthe people, harken back to your Adam Smith and the law of supply and demand. The people dictate the pablum they consume. They want dirt. They want Lizzie Bordens, crashedplanes, and sightings oftheFour Horsemen in Dcs Moines. So that's what they get. We as a nation will always find victims to espouse and villains to eschew. Regarding the system...the OJ cases did something odd to the American public—turned them into backseat lawyers, and bad. Good, because anything that demystifies the system, bringing it closer to thelanguage of "the people," is a positive thing. Bad, because like that first-year law student, "the people" might labor under the illusion that the ability to speak multisyllabically means you know what you're talking about. Any research and writing instructor will snicker derisively while telling you this is not the case. And as for the media...well, they've learned to slant the facts they render us with a precision that no longer requires any facts. Like the wolf brings food to her cubs, the mainstream media are serving us pre-masticated, broken-down foodstuff that's easy to swallow and even easier to digest. They won't hand you the nice meaty sirloin that represents thebare facts of the case. No, rather, they will charge you extra on the cover price so they can do your thinking for you. Newsweek is a prime example of this. Scan the pages to see howoften they use the phrase "what this means i5...," "it is understood that....""consider this analysis...." The problem being, this type of fact manipulation is being presented as news. Not as commentary, not as editorializing, but as bald fact. Chew enough of this stuff and, to get referential about it, "you can't handle the truth." The OJ cases brought this interpretational tendency to the forefront of the media. From demystifying evidence to analyzing the structures of arguments, the media has worked hard to give the puritan portrayal in "The Crucible." Now, people what they want, and to do it in such a way that they can never go home again. OJ Simpson is finally free to go, to get back to the society he has helped warp armed withslick legalese from the competent lips of Greta Van Sustern and her posse on "Burden of Proof," most couch potatoes can throw around some latin and some dicta with the wit and aplomb of a into the end of the twentieth century. But we will never be free of the influences his cases helped create and shape. Doesn't it just make you want to go watch "The Naked Gun" and remember the good of first-yearlaw student. Which is both good days. shotgun judges and sideline jurors. Before, we were a mob, fit only for symbolic of tiie Opinion Office. Yout submission must be typed, single-spaced, and submitted on paper and An a computer d»k (IBM-WordPerfect 5.1 format). Send your 1■ LETTERS TO THE EDITOR Drug legalization a governmental game Dear Editor: In IheOpinion's feature on druglaws, Stephanie Cole and Tony White debate the pros and cons oflegalization. They set up a conflict between individual sovereignty and public welfare. Cole argues that anti-drug laws not only violate selfdetermination, but also inflict damage, pain and deathon those whochoose not to do drugs. White, on theother hand, advocates the protection of society against the evils of legalized drug use and feels that this protection is worth the sacrifice of some personal freedom. Both writers, however, miss the point about drug legalization. It has nothing to do withfreedom of choice or public health and has everything to do with money. How long will it take people to realize that this is not a government for the people and by the people? Coleand White are still under the impression that this government is the kind described in the Constitution, so they base their arguments on ideals that may sound good, but carry no real meaning. When this government makes decisions, it focuses on only one ideal the bottom line. This is a government of corporations. The laws that get passed servethepurposeofmakingmoney for corporations. Drug laws fulfillthis purpose in the most effective way possible because every corporation in America benefits in one way or another from the current drug laws. Tobacco and alcohol corporations profit a ton of cash, but they also hidethe other corporations that benefit from antidrug laws. Is this too much governmental paranoia? Let's examine one effect of the current drug laws that neither Cole or White looked into. With the present drug laws, there is overpopulation in the prisons. Every major facility is operating above capacity and don't forget the prisoners who should still be there but were - let out early because of overcrowding. The demand for prison space has resulted in a boom in the prison construction industry. Imagine what goes into building a prison. First, plans need to be drawn up, estimates are given and sites selected. All ofthis makes money for someone. Next, consider the actual construction of the structure, the plumbing, the electrical wiring, basically all of the things that go into the building of a house, except that this one costs somewhere in the range of a hundredmillion dollars. Again, thismakes money for someone. Now, there is the maintenance, the surveillance, the staffing, the food supply and everything else that it takes to keep a town or city running because this is what a prison is. How much money is made here and how many corporations are involved? Several billion and a lot. Drug laws make sure that prisons remain thriving cities. And they also guarantee that tobacco, alcohol and other legal drug manufacturers get their piece of the cash pie. Why would the government want to change this system? Legalization will generate dollars, but can it do what the drug laws now do - create whole new cities? Would the government legalize just for the sake of self-determination? I don't think so. And as for Mr. White, if the government was concerned about public welfare, then alcohol and tobacco should be the illegal drugs because every year they kill more people than all other illegal drugs combined by aratio of 20- to -1. Money is at the root ofthe drug laws andright now the system is working perfectly. The issue of drug legalization is a game the government plays on the public, much like its game ofvoting and making a difference with a single vote. The purpose is to get people involved and believing the government and to keep people from thinking and investigating issues for themselves. Drug laws have always been there to make money. Everything the government doesis about money. If marijuana or heroin is ever legalized, then it will be for the single reason that legalization will create a more profitable system than the one in place now. Tony Cao, 1L Barrister's Bah BASH! Dear Editor: Attention Law students, break out your fancy duds because it is once again time for theannual Barrister's Ball Satur- day, March 8. is the day to see everyone decked out in their finest. This year the ball is being held at the Statler Ballroom. There will be a cocktail hour with open bar and a sit-down dinner followed by dancing. Attendees will have their choice of a steak or chicken entree. Tickets go on sale at the SBA office on February 17th. There are 250 subsidizedtickets available. Forty of those will be designated for non-law students. The prices of the tickets still need final approval from the SBA, but are tentatively set at $25 for subsidized and $33 for unsubsidized. Last year 285 people attended the Ball. There is no limit on the amount of tickets sold,but the SBA has a deadlineby which they must submit a final count. Sincethe StatlerBallroom is notpart ofa hotel, the SBAPlanning Committee is also looking into having a shuttle to a downtown hotel for those who wish to stay overnight. Student Bar Association �OP-ED February 12, 1997 THE OPINION 5 Follies and Fumbles Greg Mattacola Columnist Who Rocked and Who Sucked in 1996! Welcome to yet another semester of thrillsand spills with Follies and Fumbles and welcome to the second annual yearin-review column. Of course, in most newspapers, this would have ran on December 31 st or New Year's Day, but who said this was most newspapers? For those ofyou who don'tnormally tune in - "rocks" is the highest Follies and Fumbles compliment attainable. For example, Springsteen? He rocks! And in tribute to the God of Sports Radio, Jim Rome, "sucks" is now the worst you can be called here. For example, Oliver North? He sucks! Get the picture? Without further ado, let us go forth andpay our respect, or lack thereof, to those who have distinguishedthemselves in the past year. Why? Simple. It is impossible to successfully go forward until you have completely faced the past. Besides the philosophical garbage, it's a lot of fun. Oh, one last thing - some people may appear on both lists. In today's world, it is growingincreasingly difficult to findsomeone who truly rocks in every aspect and facet. If that was the standard, there would be a thousand "sucks" and no "rocks". Thus, a person may rock for one action andsuck for another. Gotit? Good. YOU ROCKED! Team Back Fat Who? Say what you want but you have to give it up for the local boys before you turn global. Team Back Fat was an intramural basketball team comprised mostly ofour fellow classmates that stunned all opponents and won - the UB Intramural Championship in the Fall semester. The team was comprised of Tim "I have no problem shooting a lot" Benedict, Steve "Chocolate E" Clar, Dave "Strawberry E" Clar, Pete "I live in the Triple Gym" Thompson, Frank "Never late to talk but always" Early, Craig'TJon't ask me" Howe, and Dave "Nothing goes with my name" Fitch. The title game was highlighted by the very entertaining and sometimes on-target passing ofDave Clar, all out hustle from Steve Clar, and jumpers stuck from everywhere and anywhere courtesy ofTim Benedict. Greatjob fellas, you did us all proud. Sports Broadcasters Bob Costas, Mike Tirico, Joe Buck & Andrea Kremer Costas may be the king of melodrama but the guy is on top of his game and rules the pack. He handled the Olympics beautifully. Tirico is on his way to being a great one and no-name Buck did a very solid job with the World Series. Kremer is the most underrated broadcaster in sports and she should definitely get better slots in years to come. That's right, no mentionofChris Berman. When was thelast timehereally wowed you? He seems to be just maintaining status quo and that does not a "rock" make. Beck He's a flaky little dude but his album Odelay is the finest in a while. In an age where alternative has become mainstream, Beck is a refreshing twist and what many have called the future of mu- only reason I went was because I made a deal with my wife. I went to this in exchange for her seeing the magic of Star Wars. Yet, I'll give credit where it's due. Madonna rocked. I barely dozed off and it was almost two-and-a-half hours long. Solid performance. Michael Johnson He is cocky and the golden shoes have got to go, yet he backs up his smack with some serious jets. The first to win gold in both the 200 and 400 meters, Johnson was amazing and deserved everything he got. Evander Holyfield Probably my - - most bitter entry on the list as I am a true Madonna in Evita It is true thatthe fan ofpugilism and I missed this making of history to attend an in-laws birthday party! My pent-up hostility aside, the socalled has-been shocked the world by bringing down Tyson with authority. I don't know where that fight came from but he administered a true a*? beating! Corey Fuller's Hit on Antonio Freeman I don't know who else was watching the meaningless final game of the regular season between the Packers and the Vikings but Minnesota d-back Cory Fuller erupted like Mt. Saint Helen on Green Bay receiver Antonio Freeman. It was to football what Swan Lake is to ballet. A thing of beauty. Even more impressive, Freeman got right up! Kerri Strug -1 know that we've all seen it a thousand timesand I do try to shy away from the mainstream but this column rewards those who suck it up and get the jobdone. Strug is one of those people. The Best Source: People and the 5-Foot Rule meeting with alumni, you can either ask them for ajob or ask them for information. Where to start? Startby talking with people: friends, relatives, classmates, schoolmates, even strangers. One of our career panel speakers suggested using the "5 foot rule"... be sure that anyone who comes within 5 feet of you knows you are a law student and you are looking for a job. People oftenlike to help people, and they may give you a suggestion. Graduating 3L's will be leaving their law clerking jobs to study for the bar. Often their employer may ask the outgoing 3L to find his/her own replacement. interview." Get a sense of the job market, practice area, the legal community of the geographic area and, most important, the name(s) ofpeople to whom you can apply for ajob. Check the "Informational Inter- - - sic. - - ... Dear Audrey by AudreyKocsielniak, Assistant Dean for Career Development Dear Audrey: I know there are jobs to be found at the Career Development Office, but I'm curious about jobs with employers who do not submit listings to CDO. Are there potential employers out there who do not use CDO? Where do I find these people? How do I contact them? Do you have any suggestions? Sincerely, Lost Dear Lost: There is no such thing as the "Directory of Unidentified Employers" (alas). Although a number of employers will go through the formality of posting a job at CDO, most hire in an informal, unstructured and erratic manner. The reasons vary: e.g., they don't know about our services; candidates have always come to them, so they have never had to solicit applications; they don't think they need to hire; they are too busy to get around to posting. Therefore, creativity, initiative and perserverence become the keys to employment success. In addition to looking at listings in the Job Books, narrow your jobsearching focus to areas of interest, geographiclocation and type ofemployer. Then research that targeted segment and apply to any organization that meets your criteria and is of interest to you. Go for the latter and do an "informational Casual conversations can also lead to jobs. For example, a recent UB graduate started talking to a woman sitting next to him on an airline flight. It turned out the woman's brother had a small law firm (in the graduate's geographic area of interest, no less). That fellow passenger provided the introduction, and our graduate got a job! Alumni can be veryhelpful, particularly if you are interested in a specific geographiclocation or practice field. Start with theBAMP binders (Buffalo Alumni Mentor Program) in Room 610. These are alumni who have volunteered to be a guidance resource. General law alumni lists for geographic areas are also available (check with Gale Strausds in CDO). Don't forget your undergraduate school alumni network. Many colleges maintain very strong alumni networks, and these people can be an excellent starting point for information. When view" binder (Job Hunt binders) in Room 610. Other Sources: — Telephone book Lawyers can advertise now inthe yellow pages, and a high percentage of firms (particularly smaller firms [the most likely employer for a IL]) will list their specialties. Employment Bulletin Exchange — looking for a job in another city? Check the employment bulletin of the law school(s) of your targeted community. Theads are usually for experienced attorneys, but maybe the office could use a clerk. You will find the name of the contact attorney, address and description of the firm. Exchange binders are in Room 610. Summer Job Surveys — follow in the footsteps of other successful UB students. See where UB students have worked before and apply to those employers. Also, if the student who completed the form is still in law school, drop a note in his/her mailbox and ask to talk with them about other suggestions. Newspapers, magazines read about an interesting case, an attorney? Write to the attorney involved. Cite the article that — She was in pain and still stuck her landing for the team. Gotta pay homage to that. Jerry Maguire For all of us who be will enteringthelegal profession where the sale of at least a part of our soul is a prerequisite, this movie is a must see. An outstanding message about sports and life. Bill Clinton Do you have the feel- - - ing that Bill is sitting in the White House laughing his ass off and saying "Can you believe those idiots elected me again?" Yet, look at our alternative. Regardless, the guy won and deserves a small amount of credit for that. Here it is. YOU SUCKED! Marty Schottenheimer Ofall the coaches that lost their jobs this year, this guy should have been the first. Record aside, with all the talent he's had over the past few years, the Chiefs choke every year. It was the same way when he was with Cleveland. He can't win big games and needs to go. He even tried to pawn it off on Steve Bono by benching him in favor of Gannon. Yeah, bench a guy who had gone 13-3 and 8-4 as a starter. Did you wonder why that didn't do the trick Coach? It wasn't Bono, it was you. You suck. Madonna as a Mother It's not that I don't think Madonna should be a mom and I could care less about the unwed thing. Yet, why has she carried on like she's the first person ever to have done it? Justbecause your child is dressedin Dolce - - See Mattacola, pg 6 sparked your interest in contacting him/ her. The National Law Journal can have some veryinteresting articles. Their Corporate section recently profiled the Corporate Counsel of Kodak Company in Rochester. CDO Bibliography outlines various resources to use as your starting point for mailings. Dawn Skopinski (Room 612) can assist you in identifying the sources applicable to your targeted market. Take a Walk — not all attorneys practice downtown. Check around your own neighborhood. There are some very successful law practices in suburban communties. Youcould walk(even roller blade) to work. Small towns are also off the beaten track and some attorneys will be flattered that you even found them. Check with CDO staff Scan Shannon (CDO's Graduate Assistant, Room — — 612) and I are both available to meet with students on a one-to-one basis not only to review the application details (resume andcover letter), but also to help students work out an individualized strategy. All told, there is no one source but a lot of routes. Do you have ajob question for Audrey? If you do, please send it in to the Opinion! Either e-mail your question to: jvmurphy@acsu. buffalo.edu, drop a note outside the Opinion office or call the Opinion office at 645-2147. �FEATURES THE OPINION 6 Mattacola, cont'd from page 6 Gabana does not make you any more special. All moms are pretty amazing so get in line Material Girl. Alanis Morissette How do you go from Canadian disco queen to Ms. Tree Hugger Pseudo Funky Chick and claim that you're not a complete put-on? It's pretty sad that with all the amazing female singers out there (Tofi Amos, Melissa Etheridge, Delores O'Riordan, Tracy Chapman) that this is what's a best seller. Her very questionable transformation aside, her music sucks! Some Idiot -This one goes out to the jagoff who was talking on his cellular phone as I was cutting down a Christmas tree a half mile out in the woods. Way to really capture the holiday spirit buddy. Bill Clinton Yeah, he may have won but has any president since Nixon dragged the position through more mud and the American people with it? Where there's smoke, there's fire. In every rumor is a kernel of truth. Hence, something ain't honest about this guy. Roberto Alomar & Ump John Hirschbeck Spitting on an ump is an asinine thing to do. Spouting a nasty comment to a player after he complains about a call is an asinine thing to do. Ever hear ofbeing professional? Imagine if you got to spit on a judge after he pissed you off and only got suspended from work for five days? Imagine a judge uttering an obscenity (out loud) at a lawyer when his decision was questioned? Way to maintain a relationship with the fans guys. You both suck. Sports Broadcasters John Madden, Pat Summerall, Stuart Scott + Al, Frank & Dan Madden and Summerall have not said a fresh thing in five years. - - - - How long does talking about spit and mud stay funny? Not long. Stuart Scott has only been on ESPN for a short while and he says the same things over and over! "That guy's cooler than the other side of the pillow!" Get new material. Can there be any less electricity in the Monday Night Football booth? Al Michaels, by himself, is a great broadcaster but this team needs to say goodbye. The only thing worse would be if Fox gets Monday Night like they've been wanting and Pat and John are up there. Oh, the horror. Jets Management and Neil O'Donnell First of all, could you tell by the way O'Donnell played catch with the Dallas d-backs in last year's Super Bowl that he may not have been worth thirty million dollars? So how many million was that to watch your bonus boy get hurt in warm-ups? You guys suck so bad it hurts. Courtney Love How does a former stripper and heroine addict get thought of as an Oscarnomination for playing a stripper and heroine addict? That's like me getting an Oscar nomination forplaying an obnoxious Italian guy. Someone at U.B. For a change, I'm not harping on the law school. Are you aware that more than a few thousand dollars are beirig spent to install a beach volleyball court outside of one of the dorms? Let's take this slow. This is B-U-F-F-A-L-0. Youknow, Blizzard of'77? Ringabell? So let's spend thousands of dollars on something that will be used maybe two months out ofthe fall and spring semesters when there is a weight room smaller thana tuna fish can which is supposed to accommodate over twenty thousand students. Which graduate program taught you those keen administrative skills? - - - February 12,1997 Tuition, continuedfrom page 1 from Governor Pataki to reduce funding foT tuition assistance might affect law students. Carrel did say that the school does not expect there to be an increase in tuition for the law school for the coming year. The tuition increase of $400 per year proposed by the Governor is for undergraduate students. cently released a study showing that tu-j ition and fees at SUNY and CUNY increased 154% between 1989 and 1995, is opposedto further cuts in education spending. According to N YPlßG,this increase is.higher in New York than in any other state, making New York public schools the 11th most expensive in the country. According to sources quoted by the Times-Union, although TAP has survived previous attacks, the average TAP award to graduate students who received TAP awards has been cut nearly in half since 1994-95 school year from $862 to $410 per student, Rumors that the $625 hike in law school tuition (which was intended to be set aside foT use solely by thelaw school) was appropriated by SUNY for itsown purposes were dispelled by Dt. Marlene Cook, Associate Deian for Resources of the Law School. Cook denied anyknowledge that SUNY has taken the money;; explaining that, since continuation of the new curriculum depends on these funds, it would be devastating to thelaw school if it were true. Pataki's proposal to eliminate TAP nioney to graduate students faces oppositionfromkey Democratic lawmakers such as the State Assembly's Higher Education Committee chair, Edward Sullivan, D-Manhattan. In addition, NYPIRG re- Clinic, continued from front page However hopeful lLs may be in returning the clinic to the curriculum, the decisionappears final. "We've had a long and very successful run, but it can't be continued. It just isn't feasible for me to implement the curriculum, directthe clinics, teach to the first year, and teach to a clinic. When you state it, it becomes obvious why not." The University at Buffalo School of Law & The Buffalo Law Review Present Olsen said that theLaw School continues to offer a wide array of clinical experience for students ranging from af- fordable housing development to special education law. In addition, the new externship course will offer students interested in environmental law experience with an increasing opportunity to work with involved agencies and not-for-profit groups. I \*-;'■. Legal Doctrine and «yX'"Practice In the Age °f Cyberspace \. March 8. 1 997 | University at BuffalcN. schoal of Law Registration $15 University at Buffalo Students $25 Non-University at Buffalo Students $50 General Public Registration Deadline: March 3, 1997 I Keynote Speaker Mike Godwin Staff Counsel, Electronic Frontier Foundation (EFF) For complete symposium information, including a full list of speakers, symposium schedule, and a registration form, visit our Web Site: | I I I y http://wings.buffalo.edu/law/blr/cyberlaw/ or call the Buffalo Law Review at 645-2059 » 1 �February 12, 1997 FEATURES THE OPINION 7 WITH BUTTER EXTRA Star Wars by Kristin Allen and Michael Hamner (guest reviewer for Scott Frycek), Features Writers Hers Picture this: it's 9:45am, Saturday morning at our own GalleriaMall, the day AFTER the re-release of the 70's classic Star Wars. I step on to a line of about 15 people awaiting the opening of the box office at 11:00am. As the time ticksaway, the line becomes longer and longer, the end too far for the human eye to see. Needless to say, Star Wars is hot! Was it worth the wait, or should I have just crowded theatre atmosphere doesn't charge your lightsaber, rent it. Rating: 3 Gavels purchased the trilogy or made my way to the local video store? Okay, it was impressive. I would, however, like to point out a few things I did not truly appreciate until this viewing. First, what is up with Princess Leia and all that lip gloss? If her hair wasn't bad enough. Second, since when is Luke Skywalker so whiney? Compared to most, hehas a pretty exciting life. Third, is R2-D2 single, 'cuz I think I'm in love? All inall, watching Star Wars was a regressive experience my inner child truly enjoyed. I wasn't completely blown away by the new high-tech additions (honestly, most ofthem looked awkward), but it was worth the wait. However, if the movie, big screen, as I did when my Mom was dressing me in brown and orange plaid pants. The ultimate battle between good and evil that transformed pintos into X- wings and TIE fighters, passersbys into Stormtroopers, Tusken Raiders, and Jawas (depending on height), and the neighborhood kids into Jedis, smugglers, and Wookies in the 70's and 80's, is immortal. .. Now when I wear my Chewbacca mask on the streets, little kids will roar back at me in Wookie speak. So go see His "Chewbacca, da da da da, ahh what a Wookie!" Now that I can grow "pork chop" side burns like the Imperial Commanders on the Death Star, (or Brandon Walsh from 90210, but who wants to be like him?) I still love Star Wars as much Star Wars because you don't want to upset a Wookie. Rating: 4 Gavels The GraveVine Sparkling Wines and Champagnes by C.S. Nickson, Special to the Opinion When do you drink champagne? Well, most of us think ofchampagne as something to be consumed as part of a celebration, perhaps at New Years' Eve parties or engagements or both. It is unfortunate that champagne, and sparkling wine, has been relegated to a position of rare enjoyment at but a few celebrations. Not only would I suggest to you today that champagne and sparkling wine should be an everyday beverage because of its quality, but also because of its affordability. To find a good quality Chardonnay or Cabernet Sauvignon these days, it is not unusual to pay between $15-$2O, especially for anything with California on the label. However, such sparkling wines like Korbel, which represent the higher end of the middle bracket of sparklers, can offer Without getting into a lengthy discussion about how the sparkling wines are made the same kind of quality as still wines several dollars more expensive. It is perhaps best, at this point, to give you some basic facts about champagnes and sparkling wines. First, as many of you know, champagne represents wines that haveundergone an additional process by which carbonation becomes a crucial element of the product. Simple enough. Second, some of you know that true "champagne" is indigenous only to France. In fact, only the sparkling wines from that region of France known as Champagne, which in French is pronounced with three syllables (sham-pan-ya). Sparkling wines from all other areas are not truly champagne, but many countries borrow from the products' geographic origins. And finally, and perhaps least well known, champagne and sparkling wines can be further distinguished from one another by the method by which they are produced. differently,the two processes break down as follows. The first method, known as method champenoise, requires two fermentations to take place. Like still Wines, the juice of the grapes begins fermentation, but that process is arrested before completion. Instead, the partially fermented juice is bottled, and the secondary fermentation begins. When reading a label from such sparkling wines, often the words "fermented in this bottle" will appear,suggesting the methodchampenoise. The other method of creating sparkling wines, known as thebulk transfer m ethod, causes the secondary fermentation prior to bottling. Other distinctions can be made by the type of grape that goes in the process. Such words like "hlanc de Wane," or "white of white," are made exclusively with Chardonnay grapes. Other grapes used in sparkling wines include Pi not Jhe -Student vSar^AtSioc'ialion 4 ZJne Mniveriitu at vSuffalo School of oLaw % requests the pleasure of uour company celeoratina DL &arrUUr's<Ba(t the eiahtn on I lineteen \Jpen fcSar larch if hundred ana. ninetu-ieven o clock in at of the evening <U-)own Splatter USallroom EuffaL, flea, IJoM JJicneti-$25.00 per perion mail {-/fl-ice of the student dSar be purchased at the Noir and Pinot Meunier. Rose or pink varieties come in both sweet and dry choices, so be mindful of the label. As far as goodchoices, thelist could go on forever. The assumption, by most, is that Dom Perignon is the best, but I have found it to be of good quality but generally overpriced. From the same company that makes Dom, Moet and Chandon, is a product known as White Star, which I find far more worth the money (White Star, $29.99, Dom Perignon, $88,00). I love the entire Korbel line {mainly around $12.99-$14.99), and have begun experimenting with some of the new sparklers from Chateau Frank. Don't forget about Asti Spumante, another topic unto itself. Suffice is to say that anything that says Asti or Spumante or both will be much sweeter, and both Martini & Rossi and Cinzano- offer quality products. But remember, anytime is a good time to enjoy sparkling wines and champagnes! �ADVERTISEMENT THE OPINION 8 February 12, 1997 bmbn BAR REVIEW NEW YORK SUMMER 1997 LOCATION INFORMATION (ALL LOCATIONS BEGIN 5/29 & ARE VIDEO UNLESS OTHERWISE INDICATED) ALBANY ANN ARBOR, MI ATLANTA, GA BERKELEY, CA BOSTON, MA BRISTOL, RI BROOKLYN BUFFALO CAMBRIDGE, MA CAMDEN, NJ CHARLOTTESVILLE, VA CHICAGO, IL 1) HYDE PARK 2) GOLD COAST CONCORD, NH DANBURY, CT DURHAM, NC HAMDEN, CT HARTFORD, CT HEMPSTEAD ITHACA LOS ANGELES, CA MANHATTAN 1) DOWNTOWN 2) MIDTOWN MIAMI, FL - I:3OPM 9AM/I:3OPM/6PM Brooklyn Law School SUNY at Buffalo School of Law Harvard Law School (Begins 5/28) TENTATIVE DEFINITE location to be announced 9AM/L3OPM/6PM 9AM/I:3OPM/6PM 9AM/I:3OPM - TENTATIVE - - 9AM Univ. of Chicago Law School Northwestern Law School Franklin Pierce Law Center 9AM 9AM 9AM TENTATIVE Duke University School of Law Quinnipiac College School of Law Univ. of Hartford Hofstra Univ. School of Law (Begins 5/28) Cornell Law School BAR/BRI Office 3280 Motor Avenue 9AM 9AM 9AM/6PM - - 9AM/I:3OPM/6PM 9AM/I:3OPM I:3OPM NYU Law School A Eastside Loews New York Hotel 569 Lexington (at 51st St.) B Westside (1) Town Hall 43rd St. (bet. 6th Aye. & B'way) (Begins 5/21) (2) BAR/BRI Lecture Hall 1500 B'way (at 43rd St.) Columbia Law School Marriott Financial Center 85 West Street -- - - - - - TENTATIVE Holiday Inn 700 Hope Road Tinton Falls McGill Univ. Old Chancellor Day Hall Seton Hall Law School (Begins 5/28) Colony Inn 1157Chapel Street Tulane Law School Boston College Law School (Begins 5/28) Stanford Law School International House 3701 Chestnut St. Vassar College -- MONMOUTH CTY, NJ MONTREAL, CAN. NEWARK, NJ NEW HAVEN, CT NEW ORLEANS, LA NEWTON, MA PALO ALTO, CA PHILADELPHIA, PA POUGHKEEPSIE QUEENS COUNTY 1) FLUSHING SPRINGFIELD, MA STATEN ISLAND SUFFOLK COUNTY 1) HAMPTONS/RTVERHEAD AREA 2) HUNTINGTON SYRACUSE TORONTO, CAN. WASHINGTON, DC WHITE PLAINS TENTATIVE 9AM/I:3OPM/6PM 9AM UC Berkeley Boalt Hall School of Law Boston Univ. School of Law (Begins 5/28) -- 3) UPTOWN 4) WALL STREET AREA 2) JAMAICA ROCHESTER ROCKLAND COUNTY SO. ROYALTON, VT - Albany Law School (Begins 5/28) Univ. of Michigan Law School - - 9AM I:3OPM 9AM 9AM 9AM 9AM/L3OPM/6PM 9AM 9AM I:3OPM 9AM 9AM - DEFINITE location to be announced (Begins 5/28) Touro College of Law (Begins 5/28) Syracuse Univ. College of Law Ontario Driving Training Center 20 Eglinton Aye. East American Univ. Law School TENTATIVE (Begins 5/28) GW Law School (Begins 5/28) Georgetown Law Center (Begins 5/28) Pace Univ. - - 6PM 9AM 9AM WNEC School of Law Wagner College - - 9AM I:3OPM CUNY Law School - (Begins 5/28) St. John's Univ. Law School - (Begins 5/28) Radisson Hotel - 175 Jefferson Rd. Nanuet Inn - 260 West Route 59 Vermont Law School - 9:3OAM (LIVE) 9/ VI :30PM/6PM 9AM 9AM/I:3OPM/6PM - - 9AM/I:3OPM 6PM - PLEASE NOTE: BAR/BRI RESERVES THE RIGHT TO ALTER LOCATION STARTING DATES AND TIMES BASED UPON LOCATION AVAILABILITY. 9AM 9AM/I:3OPM/6PM 9AM/I:3OPM/6PM 9AM I:3OPM 9AM/6PM I:3OPM 9AM/I:3OPM/6PM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-02-12 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/22bdd5be9debd1f15ccc5750dbc9d607.pdf 56cc6328cc9ef6171e026187c97d930f PDF Text Text J NEWSChief NYSAG ami Justice of State Supreme Court speak at Annual A lumni L uncheon. See pageS. J OP\ED I Middle of the road not the best place for the Supreme Court to be. See page 4. JI FEATURES I BPLIP Summer 1996 Fellow- ship Recipients Recount Experiences. See page 6- 7. I Bringing the issues to the students since 1949 THE OPINION Volume 37, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Supreme Court upholds buffer zones around clinics & strikes down bubble zones by Kristin Greeley, News Editor Last Wednesday, the nation's high court handed down its decision in the case olSchenckv. Pro-ChoiceNetwork, No. 95-1065. UBLaw ProfessorLucinda M. Finley argued the case before the Supreme Court on October 16 of last year. The opinion, written by Chief Justice William H. Rehnquist, upheld both the fifteen-foot buffer zone around abortion clinics and their entrances and driveways, and the cease-and-desist orderthatthe original injunction placed on sidewalk counselors. The Court struck down the provision mandating a fifteen-foot "floating bubble zone" around each person entering the clinics. The "bubble zone" was overturned by a vote of 8-1, with Justice Stephen G. Breyer as the lone dissenter. The other two provisions were upheldby a vote of63. Both Justice Breyer and JusticeAntonin Scalia wrote separate opinions, concurring in part and dissenting in part. Justices Anthony Kennedy and Clarence Thomas joined Scalia's opinion. In striking down the floating buffer zone, the Court said, "they burden more speech than is necessary to serve the rel- Opportunities for human rights work rewarding for UB students by Kristin Greeley, News Editor In an attempt to increase student awareness and interest in international human rights, the Human Rights Center sponsored a panel to discuss internships in this area of law. The panel consisted of threelaw students who worked with international human rights organizations over the past year. 3L Scott Johnson spoke about his work for the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands. Whilethere, Johnson worked in the Office ofthe Prosecutor, in theLegal Advisory Group. The Advisory Group's purpose is to answer any questions about International trials for trial attorneys fromall over the world. Johnson said that he did a lot of substantive legal work focusing on treaties, international human rights conventions and comparative law. Since the criminal tribunal is new, Johnson was given a lot of freedom and little supervision. He said that many of the people he worked with Were very advanced in their educatioas, careers, and experience with international law and human rights. Working in such an environment gave him "a lotof confidence" in his abilities arid education. Johnson's advice to students was to leave their international law internship until their second summer, because they will have had an opportunity to take some courses in the subject. Also, he said students who are interested in this area shouldmake contacts withprofessoTs who have similar interests. The second panelist, 2L Kristin Long, spent this past summer working at the Women's Human Rights Center in Warsaw, Poland. Her interest inwomen's rights and international law led her to this internship, which was established by Professor Isabel Marcus. One of the major projects on which Long worked was a conference entitled "Gender Equality in the Labor Market.' This conference brought together over 50 representatives from more than 20 European countries to discuss the rapid social changes in Central and Eastern Europe and their effects on women. Long's internship was unfunded, which is often a major consideration for students with few resources. Long says there arc ways to find funding. She ultimately got funding from BPILP. "If there's an interest area, you can find...someplace to go, and probably get funding," she said. Heradvice to students was to start searching for an interaship and funding early. 2LJay Osjovitch stayed closer to home, spending last summer at the Minnesota Advocates for Human Rights in Minneapolis. Osiovitch worked on a project involving the implementation of economic, cultural and social rights regarding infant and chile mortality. Most ofhis workcentered on legal anc theoretical research, but he was also able to experience all aspects of the organization, from boatd meetings to greeting foreign visitors. He alsotold students not to be discouraged if they didnot get an internship with a large organization. A small organization can help to get experience and make connections. evant governmental interests. The floating buffer zonesprevent defendants...from communicating a message from a normal conversational distance...This is a broad prohibition, both because of the type of speech that is restricted and the nature of thelocation...because this broad prohibition on speech 'floats,' it cannot be sustained on this record." Schenck v. ProChoice Network, 1997 U.S. Lexis 1270, 34. The Court said that the fifteen-foot fixed buffer zones around doorways, driveways, and driveway entrances "are necessary to ensure that people and yeSee Finley, page 5. Cyberlaw Symposium to be Held March Bth by Terrence McNamara, Columnist The Buffalo Law Review and theLaw School will be jointly hosting "Cyberlaw: Legal Doctrine & Practice in the Age of Cyberspace" next Saturday, March 8, in O'Brian Hall. Registration for law students is now free. UB Law alumnus Daniel Weitzner, Deputy Director for the Center for Democracy and Technology, will be returning to the school to deliver the opening remarks that morning. Mike Godwin, Staff Counsel for the Electronic Frontier Foundation (EFF), will be delivering the Keynote Address at 5:15 p.m. EFF has been involved in the battles over cyberliberties in two recent, very public cases. This March 19th EFF will be one of the lead plaintiffs in front of the Supreme Court inACLUv. Reno, abattle over the federal Communications Decency Act. The case deals with the struggles in applying a local, "community standards" test to activities conducted over the Internet. Two separate programs have been made available for the day allowing for attendees to focus on particular concerns. Session A addresses the academic and theoretical concerns of cyberlaw, while Session B is more closely related to practitioners' needs. Many of the activities will become available as real audio, posted to the Symposium's website in the days following. For more information on the event, you can visit the Cyberlaw Symposium Web Page at http://wings.buffalo.edu/law/ blr/cyberlaw. The registration deadline is March 3. Contact the Law Review, 605 O'Brian, at 645-2059 to register. February 26,1997 1L's Compete for International Moot Court Spots by Kirn Fanniff, Asst. News Editor First years have enthusiastically welcomed the chance to participate in this year's Fasken Moot Court Competition. The Faslcen competition offers the only chance for lL's to show their oral advocacy skills. According to tournament director, 3L Bill McDonald, 95 students have submitted letters of intent. This year, as in the past, the problem for the students is a watered down version of the brief the team writes for the Jessup International Moot Court Competition. The competition begins with a practiceround for students to get feedback on their presentation. "The practice rounds are invaluable as a learning experience, really thewhole competition is," said McDonald. After the practice rounds usually 70 studentschoose to compete in the firstround. The numbers are halved for the semifinals and again for the finals. Ten students (8 team members and 2 alternates) from the finals will be chosen to represent the school at the Fasken competition in Toronto. The practice and first rounds are judged by members of the Jessup board. Alumni and team members judge the semi-finals and finals. "In order to keep things as fair as possible we tTy to have alumni judgethefinals,'rsaid McDonald. Also in the interest of fairness the scores of all competitors are normalized. The standard of deviation for the judges is computed and then scores are adjusted accordingly. The top 20 to 25 competitors are chosen for the JessupBoard. As a board member, the students will help run the Fasken competition the following year. The team for the Niagara competition is also chosen from the board. If students do not make the board in the springthey still have a chance in the fall. The Board has a smaller intramural competition for students who wish to try to make the Regional Team. "I can't remember a year when we haven't had some students in the fall competition completely dazzle us and makethe team. All the first years should not be discouraged ifthey don't make the Board in the spring," McDonald said. �THE OPINION 2 FEATURES February 26, 1997 BUFFALCHIPOS Ten Years at UB by Terrence McNamara I started school here at UB seven years ago as an undergrad. I've spent serious time on the campus since seventh grade. I've seen a lot of things come and go. Good, bad, indifferent... This place has institutional memory. Since 1986, I've seen the following: The fight for Division One sports. The fight over Division One scholarships. The construction of the new Student Union, the Math Sciences building, the Performing Arts Center, the new medical building, and the new stadiums, two of them. The move from the IBM mainframe to the VAX to the UNIX to the Internet. Creation of the computer labs. Institution of the transportation fees. Institution of the technology fee. The no vaccination card/no bus ride fiasco. Graduate student unionization. Tuition hike rallies in Founders' Plaza. Buses of students going to Albany. I saw a woman my brother dated beaten to within an inch ofher life, and the struggle to catch and prosecute the man. I saw the aftermath ofLinda Yalem's death, and the fear that stillremains over the bike path. A student jumped from the Main Street dorms. My fraternity brothers were beaten senseless at the Marine Midland on Main Street for their cash. One still sees with doublevision. Sigma Alpha Mv lost brothers when their house burnt down. Members ofthe women's rugby team had their house burn. The city got serious with the . slumlordsfor a while. Studentsrallied on the Boulevard for their brethren in Tianenman Square. A prolife group sued the University for not protecting their little cemetery on the front lawn. Student government leaders were busted for embezzlement. A professor suedthe University. He was from theLaw School if I remember correctly. The University Bookstore was stung by the student government for price gouging and nothing happened. Coke was given a monopoly over the campus. The Commons was built,and Food Service whined about competition. But there's also very good things that go on annually instead of just once. The Greeks raise tens of thousands for Children's Hospital. ARTF gets women home safely. Baird Point. Walkathons for Multiple Sclerosis. Red Cross Blood Drives. Food Drives. Speakers at Alumni Arena or Slee Hall, including Andrew Young, Leonard Brezhynski and Carl Sagan. Buffalo Philharmonic concerts. The Zodiaque. Kathryn Cornell Theater. The Pfeiffer. My point is that each one of us has a limited time on this campus. But the good or bad that we do, individually and collectively, lasts much longer than our short time herewouldreason. We owea duty to the entire university community to do what we can for future classes, whether in the Law School or in any other department on the grounds. Columnist I'm worried about the University right now. Anyone whoreads the undergTaduate publications knows that the younger people on campus are ripping each other apart, in every public meeting, in every published issue. What they do now may welloutlast their beliefs in what they have done and said. I believe that much of what is happening most publicly in the undergraduate community is in excess of what prudence, decorum and humanity dictate. But the damage they do now, to campus unity, and to student-administration relations, will go 0n... Long after they have gone. I am sure that there is much to be proud of happening in the undergraduate community as well. This has always been the way. If only it shouted so loud and so long that we could hear the other voice, the voice of peace, and of true embracing of differences of thought and opinion. I ask every one ofus to think, long and hard, about what we holddear to our hearts. When any of us wake in the morning, do we step out of bed with the hope that we can offend another's sense of decorum? Do we really need to embrace an in-your-face view on life, against those with whom we do not agree, or with whom we may be in competition for finite resources? Must our fights be with those that PIEPER BAR REVIEW mm FREE ETHICS MPRE REVIEW Announcing our locations for the M.P.R.E, Review for the March 14, 1997 Exam. LIVE LECTURE Sunday, February 16,1997 Fashion Institute of Technology Amphitheater Main Floor - �Enter at 7th Aye and 27th Street VIDEOTAPE LECTURES Saturday, February 22,1997 Albany Law School Buffalo law School George Washington Law School Hofstra Law School Law School O'Brian Hall Lerner Hall Law School VIDEOTAPE LECTURE Sunday, March 2, 1997 NYU Law School Vanderbilt Hall Room 110 VIDEOTAPE LECTURE Saturday, March 8, 1997 Fashion Institute of Technology Amphitheater Main Floor -- Room E-7/8 Room 109 Room L-201 Room 238 - - ***NOTE: All classes will run from 9:00 a.m. to 5:30 p.m. Walk-ins are welcome or call 1-800-635-6569 to reserve a seat. Each student that atlends will also receive a free 240 page MPRE. Review Book containing text and 150 MPRE questions _ Test Date: Friday, March 14, 1997 Regular Application Deadline: Late Application Deadline: February 14, 1997 ($45 00) March 5, 1997 ($90.00) THE PIEPER BAR REVIEW 1 -800-635-6569 _ we live with every day, if not literally then as a community? I don't think we do. I implore all of us to shun the path of hatred that is being espoused in certain areas of this University's community, and to leave a better place for everyone. We do this through our actions, whether public or private. In two years, I want to be proud of my school and what I have left behind for others. In another ten years I want to return and know that those behind me care more for theirlittle patch of grass than I did, because it has only increased in itsability to cultivate and inspireanother's soul than when I last tended to it. I think most of us do. W I i I k L Join The Opinion! It makes your resume pretty! For ■ more information come see us. We're located in Room 7, M basement of O'Brian Hall. M M �NEWS/FEATURES February 26, 1997 News Briefs THE OPINION ... In and Out of the University Across the US Drew Barry more to play lead in Cinderella Memories linked to sound If you hear someone complain that a Texas accent sounds like a foreign language, politely suggest that perhaps Who better to play Cinderella than a chain smoking ex-drug abuser like Drew Barrymore? Barrymore, who shed some of her vices and a difficult youth as a child star to become a darling of Hollywood, has won the lead role in a "Cinderella" remake, the Daily News reported Friday. The script was written by Susannah Grant, who wrote "Pocahontas" for Disney. But this fairy tale won't be a cartoon. With areported $3 million salary for the role, Barrymore, who will turn 22 Saturday, will be able to buy her own carriage and gown for the ball. t heirauditory cortex didn't develop quite right. Scientists believe that early in life, people's brains develop memories of sounds that enable them to recognize a given language. In the latest issue ofthe journal Nature, scientists from Estonia and Finland report that the memories seem to form in an area of the brain called the auditory cortex. Researchers from Helsinki and Turku, Finland and Tartu, Estonia, did brain scans of both native Finnish and Estonia speakers. Finnish and Estonian are similar languages, but only Estonians have a particular pronunciation of the vowel o. First the scientists played a vowel sound that was common to the subjects' native languages and monitoredthe subjects' brain activity. When a different vowel was played, the Finns' brains seemed to pick up on the change only if the new vowel was also from their native Partner Forced to Resign A partner in New York City's premiere law firm ofWilkie, Farr & Gallagher was forced to resign last month after being faced with evidence that he never submitted an application for admission to the bar. Jonathan D. Bassett, 41, graduated with honors from a top law school and passed the bar exam, but was never actually admitted to the bar. Bassett has been language. But if the new vowel was the Esto- nian o, the Finn's brains didn't respond as much. Conversely, the Estonian subjects' brains did pick up the on the Estonian o. Charles Darwin might never have revolutionized biology with his theory of evolution had he not suffered from a chronic mental illness that turned him into a scholarly recluse, a provocative new study concludes. Before he was out of his twenties, Darwin succumbed to a mysterious, debilitating condition that various authorities attributed over the years to bad nerves, tropical disease, arsenic poisoning, intellectual exhaustion dyspepsia, "suppressed gout" or other complaints. The condition, two physicians argue in a recent issueof the Journal of the American Medical Association, was most likely a form of panic disorder aggravated by agoraphobia. The combination kept the celebrated naturalist removed from society, and probably forced him to focus on the epochal concept of natural selection, according to Thomas J. Barloon and Russell Noyes Jr. of the University of lowa Collegeof Medicine. "Had it not been for the illness," they write, "his theory ofevolution might not have become theall-consuming passion that produced 'On The Origin of Species'". In a journal, Darwin described his malady as a "sensation of fear... accompanied by troubled beating of the heart, sweat, trembling of muscles." It was exacerbated by unfamiliar locations or the absence of a companion. James C. Ballenger, chairman of the Department of Psychiatry at the Medical University of South Carolina and a leading expert on panic disorder, said the new study is "entirely credible and convincing." sion. L Have something interesting Rm 7 O'Brian Hall. plausible" to "very likely" to "almost inevitable". Studies have shown that the Martian climate used to be warm and wet, like Earth's, and probably still contains vast quantities of water below the surface. Furthermore, Mars used to have many active volcanoes, which brought up heat and a rich stew ofchemicals from the planet's interior. This is exactly the combination volcanoes and hot water - that scientists now believe was the cradle of terrestrial life. Even today, vast numbers of simple microbes flourish near volcanic vents beneath the oceans. "All of the most primitive life forms on Earth live in this kind of environment, " said Michael Carr, a researcher with the U.S. Geological Survey, "Such environments must have been common on early Mars." of In honor of President's Day, albeit belated, here are some facts about our past Commander-in-Chief: The Buffalo City Council adopted a resolution regarding the location of UB Law School at their January 20th meeting. The resolution states that since the City is planning to build a new courthouse downtown, the Law School should be moved back downtown and combined with the new courthouse. The reasons the Council gave for this resolution were that the City is interested inredeveloping downtown, and that combining the new courthouse with the law school would be beneficial to both the school and the city. W f Even skeptics who contend the case for Martianlife is not proven agreed that a primitive form of biology is possible, even probable on theRed Planet but also many other heavenly bodies as well. They simply don't believe the 3.6 billionyear oldmeteorite that was greeted with enormous excitement last summer clinches the argument. Their opinions on the existence of President's Day School Resolution 1 I J A traveled to Panama. Roosevelt was also the first to ride in an automobile (1902); submerge in a submarine (1905); and receive the Nobel Peace Prize (1906). (Wilson was so honored in 1919). * Seven presidents were born in a log cabin: A. Jackson, Z. Taylor, M. Fillmore, F. Pierce, J. Buchanan, A. Lincoln and J. Garfield. * George Washington's formal education would be equivalent to about the fifth grade today. The formal schooling of Abraham Lincoln was barely a year. News at Home a mistake to declare Mars dead. Some Facts in Honor City Council Adopts Law you want to share ? Raging mad about the tuition increase ? Sick of parking ? Submit a letter to the editor. We want to hear what you have to say. We're located in For three days, astronomers, biologists, chemists and geologists debated the Mars question - one of the most momentous in the history ofscience - at a meeting of the American Association for the Advancement of Science. Scientists who six months ago reported potential evidence for ancient microbes in a Martian meteorite admitted in Seattle this week that they still don't have a definite answer. But they said it's extraterrestrial life ranged from "very practicing law since 1986, after graduating cum laude from New York University Law School in 1984. '"His response was,' I filled out all of the papers and I guess I just never completed it,'" saidJack H. Nussbaum, Chairman of Wilkie Farr. Law school classmates and colleagues described Bassett as unassuming but intelligent and were shocked that he had made the error. Practicing law without a license is a misdemeanor in New York and can be grounds for expulsion from the profes- Darwin's mental illness seen as an asset Is there now or was there ever life on Mars? * James Madison was the shortest Chief Executive at 5 feet 4 inches; Abraham Lincoln was the tallest at 6 feet 4 inches. William Howard Taft, who weighed 300-340 pounds, was the largest; the slightest was Madison who weighed less than a hundred pounds. * It has been reckoned that a private citizen would need an annual gross income of $350,000 in order to live as the President does and to receive the goods, services, and benefits whichaccrue to the Chief Executive. * Victoria Claflin Woodhull of the Equal Rights Parly was the first woman candidate (1K72). The first woman proposed as a candidate by a major political party was Margaret Chase Smithof Maine, whose name was put forth at the Republican National Convention in 1964. * William H. Tart was the first president to play golfregularly. * First to leave the UnitedStates was Theodore Roosevelt in 1906 when he SBA limits time Bar Review Courses can recruit A new policy has been implemented by the Student Bar Association. Starting this semester, bar review courses will be limited to one day of tabling per week. This policy came about as aresult of a discussion which took place last year. Bar Bri Vice President, Erica Fine approached SBA President George Hamßoussi andasked why University at BuffaloLaw School did not have a policy on tabling. She said that most law schools had a policy and Bar Bri wouldbe willing to go along with any decisions made by SBA. Since there were not many complaints and it was not a pressing issue at the time, nothing was done as a follow-up to the conversation. The subject was again opened for discussion when the SBA received many complaints from lLs this year. Many lLs felt that the tabling was annoying and harrassing. They did not like having their mailboxes stuffed week after week with the promotional materials from each of the bar review courses. Many students felt that it was getting out of hand. lLs also thought that since they did have to deal with the bar for three years, it was too early to choose a bar review course. They consideredthe lockin price to be a tremendous pressure for them to sign up. There were differences in the bar review courses and 1Ls wanted to know the details before they committed to any particular one. These criticisms finally led the SBA to discuss and implement the present policy. Members of the SBA felt that it was a good idea because it was fair and gave each of the bar review courses the same opportunity to recruit students. Student representatives of the bar review companies do not agree with the policy, since they must fulfill a certain amount oftabling hours, and a reduction in tabling hours would greatly affect their ability to meet sales requirements. Furthermore, since all of the representatives from any one company would be scheduled to table for the same day, it may be difficult to determine who should get credit for a particular sale. not ** This story was compiled by Cindy Huang, News Writer at the Opinion. Information for News Briefs came from various sources, including the Buffalo News, Newsweek and U.S. News and World Report. 3 �EDITORIAL THE OPINION 4 February 26, 1997 Tell us your opinion! If you have an opinion on anything published in ournewspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor arc best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in box 755. Your submission must be typed, single-spaced, and submitted on p:iper and on a computer disk (IBM-WordPerfect 5.1 formal*. Send your submissions to The Opinion office events i i-7 vi 37, No. Volume 8o \/ Founded 1949 _, , ~ IftfV7 1997 February 26, Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Michael SantaMaria Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson LETTERS TO THE EDITOR Assistant News Editors: S.A. Cole, Kirn Fanniff Senior Editor: StevenBachmann Dietz The Opinionis. a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUN V at Buffalo Amhersl Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260 (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper of theState University of NewYork at Buffalo School ofLaw. Copyright 1996 by The Opinion, SBA. Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consent ofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Friday preceding publication. Submissions may eitherbemailed toTheOpinion, dropped offunderr/ieO/wiionofficedoor (7 O'Brian Hall), or placed in Box #755. All copy must be typed, single-spaced, andsubmitted on paper and onacomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen written as a part of a dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages singlespaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox ifa self-addressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all theviews expressed in this newspaper are necessarily thoseof theEditors or StaffofThe Opinion. Protect Yourself, Those Around You from Sexual Assault To All Members of the U.B. Community: Sexual assault, sexual abuse, sexual harassment, stranger rape and date or acquaintance rape are monumental problems for our society. Unfortunately, college campuses are not insulated from EDITORIAL: FASDFDSF these harsh realities. It is highly likely that as a member of a college campus community, you will know someone who is or will be a survivor ofrape, assault, abuse or harassment. As we face this problem, there are important we can take to assist someone who has been victimized. If someone who has been raped or assaulted chooses to come to you, as a friend, for support andassistance there is much you can do for help: Note: Both men and women get raped and assaulted. The suggestions below are framed in terms ofthe woman, since more women report these incidents than men. However, these suggestions are for ALL rape and assault victims. Well, you can take the protester out of the buffer zone, but you can't take the buffer zone for a walk with the protester's prey. So our Supreme Court decided this week in Schenck v. ProChoiceNetwork ofWestern New York, the case that has contributed so much to Buffalo Law's fifteen minutes of fame, as our own Professor Finley argued her way into a partial victory for the petitioners. With a majority opinion by William Rhenquist, the case has what some would call "a careful balancing of the various concerns at hand"--and what almost anyone else wouldcall a judicial wuss-out. Having tried to please all of the people some of the time, the Court has merely ended up fooling no one. ing a civil liberties speech issue they stereotypically write the ACLU about, and a bunch of confused Americans in between. As often happens, the Courtmissed a chance to articulate a clear principle, or primary issue, for the case to turn upon. Considerations of peaceful protest were ignored in the face of prior restraint of future violence-an anticipatory move that our law generally tends to avoid. Considerations of access and harrassment-free entry were palliated in the face of—sorta—wanting to let people get their two cents in. Faced with their own matter of Spanning the issues of abortion rights and questions of free speech, this choice, the court choked, and most people are about as comfortable with this opinion as they are with the idea of partialbirth abortion. Of course, there is no clear prin- case has law afficianadoes disagreeing at every turn. ,The permutations of opinion regardingSchenck are designed to make doctrinaire politicians wild: you have pro-lifers on theside of a First Amendment they stereotypically don't give a Flynt about, pro-choicers ignor- ciple to be culled from this whole issue. It can not be emphasized enough: abortionis the most difficult, telling issue we deal with in present-day America. The abortion question could very well be the turning point of the next civil war. Some call it a buffer zone, and Encoura£e Her to Seek Help: Call Crisis Services hotline for pro- fessional guidance (834-3131). Go with her for a medical examination immediately—contact Center for Stu- dent Health (829-3316). To preserve evidence, discourage her from changing her clothes or taking a shower. Help her get counseling to work through the trauma (even if the rape occurred some time ago but she still has not worked though it). Let her make her own decision! You can help her work through her thoughts and feelings, but it is important that she has control over her life and her recovery; support her in whatever she decides to do or not do, even if you disagree. Call Sexual Assault Information Line (645-3411) for options in reporting and the resources available. Provide Ongoing Support: Listen: Allow her to express her feelings without interruption. Be patient with silences as she may be slow in talking. If she needs help continuing, try repeating back what she has said. Be Reassuring: Believe her! Survivors fear that they will not be believed. Reinforce that the incident was not her fault, no matter what the circumstances. Comfort her as much as possible verbally. Beware of physical contact as she may not want to be touched, but you can always ask if you can hug her (don't treat her as if she is contagious). Provide things that make her feel warm and safe—a blanket, stuffed animal, hot tea. Make sure she has a safe place to Be available throughout the next weeks and months—recovery takes much time. Learn about rape trauma syndrome (from the Crisis Services Hotline or the CounselingCenter) so that you know what to expect and can understand her reactions better. Respect her rights to privacy and do not tell others of the rape without her consent. For Yourself: Seek support to work through this; it is natural to feel great stress when supporting a rape survivor—talk to someone "safe" (counselor, friend at another school, parent)about your thoughts feelings and needs. Rape, abuse and harassment are community problems that can only be diminished if our community stands together to support those who have been victimized. sleep that night. Do not talk about revenge; focus Yours truly, your energy on her and her feelings. The Staff ofthe Counseling Center �THE OPINION OP-ED February 26, 1997 5 Follies & Fumbles Greg Mattacola A cynic is not merely one who reads biter lessons from the past; he is one who isprematurely disappointed in thefuture. Sydney J. Harris - The best portion life; of a good man's His little, nameless, unremembered acts Of kindness and of love. - William Wordsworth The other day, someone told me that I was the most cynical person he knew. I thought that was a pretty bold statement considering the available candidates and dismissed the remark with my usual sort of sharp tongued comment. Yet, obviously, it made me think. A lot. 1 even looked up the definitionof a cynic. Mr. Webster tells me that it is someone who disbelieves in the goodness of human motives. So I asked myself if this was true. Do I really doubt the goodness behind people's actions? Do I really believe there is an alternative motive for every deed that seems good on its face? After much soul searching, the answer is no. Yet, unfortunately, people often have hidden motives and sometimes aren't what they represent themselves to be. This usually causes me great anger. So much anger that my brother once describedme as being surly. This is actually a topic I've discussed at length with my wife. Why do I get so madwhen Columnist For Your Own Good a politician does a dishonest thing or when an athlete is arrested for drugs or when a friend fails to live up to his word? I think it is because I expect too much. I expect too much of myself and am rarely satisfied. In turn, I expect too much of others and end up disillusionedand angTy. What doesthis have to dowith being a cynic? I think that because few things or people have ever livedup to my expectations that I now look for the fault before it even occurs. This isbad. Call it what you will an insecurity, a defense mechanism whoknows? I justknow thatit isn't good. And since I can't afford an expensive shrink or evena cheap one for that matter and since I don't live in Los Angeles where having one is a prerequisite for residency - my amateur opinion will have - - to do for now. So where does this leave me and all the people like my poor friend who have to come in contact with my cynical self? Well, for me, I have to accept people as is and leave it at that. Expecting the impossible will only drive you crazy. Easier said thandone but I'll give it a try. For the rest of you, I'm going to try something different with this column. I'm going to try a little celebration. You see, it's a boring time ofthe year right now. No playoffs in anything and we're still a few days from March Madness so the sports world doesn't really need any commentary. As for politics, I think I'll myself into this non-cynic thing. If I talked politics, I'd revert back to my old self faster than I broke my New Year's Resolution (no swearing - lasted about ten minutes). So I'm going to do a little celebrating in this column. That's right, I'm goingtocelebrate some ofthe through and through good that I see on a daily basis. I have to admit, an avalanche of possibilities didn't come tumbling forward upon first thought. Yet, I'm new to this so it will hopefully get easier. MARIE -I don'tknow her last name, I never asked. Yet, I'm sure all of you know her as the lovely woman who sells you your caffeine and muffins at thelittle cart on the second floor. Is this not one of the best people you have ever encountered? It does not matter what kind of surliness has befallen me, talking to this women never fails to bring a smile. She has always got a kind word - even for the person holding up a line ten deep while trying to find a penny in an attempt to achieve the holy grail of exact change. I do not know of many people that I see on an everyday basis that I enjoy saying hello to more than Marie. My hat is eternally off to her. KAREN SPENCER Who among us has not been helped in the library by Karen? 1, myself, should have put her name on every assignment I handed in for Research and Writing. Come to think of it, maybe that would have gotten me a - better grade. Regardless, I once saw this womenanswer two different phones while looking up something on Lexis and at the same time sprinted up the stairs to the sixth floor to retrieve a book for a student while never putting down the receivers or taking her fingers off the keyboard and smiled the whole time. I swear. You cynics out there may say - yeah, but that's her job. I don't care. We all have jobsand very few of us can be pulled in several different directions at once by demanding law students while seemingly never losing our patience and not copping a 'tude. I worked at a library in college where a sign at the reference desk said "Improper Planning On Your Part Does Not Constitute An Emergency On Our Part." Luckily for us, Karen does not adhere to that school ofthought. Ifshe did, this might be a five year program for me. DOMESTIC VIOLENCE TASK FORCE Let me start offby saying that I am in full awareness of thefact that there are many organizations at this school which do a plethora of good deeds. You all deserve your due and I'll be glad to provide it - in time. Yet, for this column's purposes, this group came to the forefront of my mind. Perhaps it is because I workedon an acquaintance rape task force - See Mattacola, page 8 leave that alone for now so I can ease Finley cont'dfrom page 1 hides trying to enter or exit the clinic property or clinic parking lots can do so...Although one might quibble about whether 15 feet is too great or too small a distance if the goal is to ensure access, we defer to the District Court's reasonable assessment of the number of feet necessary to keepthe entrances clear "Schenck at 39-40. As for the cease and desist order, the Court held that "sidewalk counselors" could be allowed within the buffer zone, but must leave if requested to do so. "These counselors remain free to espouse their message outside the 15-foot buffer zone, and the condition on their freedom to espouse it within the buffer zone is the result of their own previous harassment and intimidation ofpatients." Schenclcat 46. Justice Scalia, in hisdissenting opinion, said that he would vote to overturn the Court of Appeals' decision in its entirety. "I do not grasp the relevance of the Court's assertions that admitting the two counselors into the buffer zone was 'an effort to enhance petitioners' speech rights,' 'an effort to bend over backwards to accomodate defendants' speech rights,' and that "the 'cease and desist' limitation must be assessed in that light.'" If our First Amendment jurisprudence has stood for anything, it is that courts have an obligation 'to enhance speech fights,' and a duty 'to bend over backwards to accomodate speech rights,'" he said. Justice Breyer, in his dissenting opinwas most troubled by the Court's ion, treatment of the "floating bubble" zones. Breyer believed that the Court need not decidethis issue because itisunclear how this provision would actually work. "A floating bubble that follows a patient whois walkingalong the sidewalk just in front of a clinic, but outside the 15-foot fixed zone, could raise a constitutional problem. But the constitutional value of that kind of bubble should depend on the particular clinic and circumstances to which the District Court would point in justification. The CourtofAppeals wisely recognized that these matters should be left in the first instance to the consideration of the District Court." he said. This decision means that Federal District Court Judge Richard J. Arcara will be called upon to decide whether to expand the buffer zone. According to Glenn E. Murray, an attorney for the ProChoice Network, "the elimination of the floating buffer zone will help us to justify a fixed buffer zone of 36 feet." The Court allowed such a buffer zone outside of a Florida clinic in the case of Madsen v. Women's Health Center, 512 U.S. 753 (1994). The Court relied heavily on Madsen in deciding the Schenck case. Also, U.S. District Court Judge John T. Elfvin will sentence Eva Boldt, 68, of Cheektowaga, and Phyllis Walker, 48, of Colden, who were convicted last July of violating the floating buffer zones the Supreme Court struck down. The convictions cannot be overturned. WEST BAR REVIEW \ / /MPRE Preparation Lectures \ f are open to all IB Law students / Sunday, March 2, 1997 1:00PM -S:OOPM , Room 210 O Brian Hall lillill Wednesday, March 5, 1997 6:ISPM-10:00PM Room 209 O'Brian Hall I 1 \ \ 111 \ I (replay of lecture given MaiTh 2) Wednesday, March 12, 1997 4:ISPM-6:ISPM illlll Room 214 25 |||||ll||| Oiicsti<»n Simulated Kxam & A nalysis ( lllilC:: I Illlll:!! 1 11l (j> Bar Review /ill / < The decision will also impact lawmaking in SanDiego, San Jose, and Phoenix, who have laws creating"bubble zones around visitors to clinics. Jj �THE OPINION 6 FEATURES February 26, 1997 BPILP 1996 Summer Fellowship Recipients Relay Experiences Compiled by Theresa Cusimano, Special to the Opinion The following represents a sampling of some of the work that students performed last summer with fellowships provided by the Buffalo Public InterestLaw Program (BPILP). BPILP is an organization open to all law students, that fundraises annually to ensure opportunities for UB Law students to work in public practice. BPILP's major fundraiser this year is a silent auction to be held March 6, 1997 at the Calumet Arts Cafe. All students, faculty, and staff are invited. Tickets are currently available in the first , floor of O Brian Hall from 10-1 pm Monday-Friday. Jennifer Berger (2L), Legal Aid Society of Rochester, New York My BPILP fellowship gave me the opportunity to intern at the Legal Aid Society of Rochester's Immigration Program. The Immigration Program assists residents ofnineWestern New York counties with deportation, exclusion, asylum, residency and work permit issues. The also public program addresses benefits, law, em- labor ploycrimia n d rights As a disnation inent civil matters, legal inwith the gration tern Immi- Program, I interviewed clients, prepared affi- davits, completed immigration paperwork and translated Spanish within attorneyclient interviews. Additionally, I researched country conditions and prepared memoranda of immigration law to assist the attorney with asylum and deportation cases. To meet the needs of the influx of farmworkers during the summer, I helped operate evening satellite offices located near the farm camps. The internship was both educationaland rewarding, as I helped individuals from a variety ofcultures preserve their sense of dignity and freedom. Corinne Carey (2L), Housing Works, Inc. of New York, New York Housing Works, Inc. is the largest provider of services to homeless individuals living with HIV or AIDS. Housing Works provides assistance in obtaining housing, substance abuse counseling, social service assistance and advocacy, job training and other support services. Housing Works also organizes direct action initia- cl i - sues th c AIDS com- As tern at was tives with ents to re- spond to isaf fecting HIV and homeless munity. a legal inHousing Works, I involved with a number ot "impact litigation"cases, mainly in the form of Article 78 petitions dealing with such diverse issues as child custody and welfare to enforcement of sunshine/open meetings laws. I was also involved with helping to plan direct action campaigns in response to federal welfare reform, changes in New York City's welfare policies, andsystematicnon-enforce- ment of Department of Social Services regulations. Assisting clients in accessing social services constituted the majority of my day-to-day work. Because the office was small (two full-time attorneys and one paralegal) I was responsible for analyzing potential litigation strategies, interviewing potential clients, and taking affidavits, writing petitions,assembling legal documents,and filinglawsuits. I initially thought that this wasn't "real legal work," but soon realized that because I worked in a legal office, I was able to obtain better results for my clients than they could on their own. I realized the effect engendered by the title"attorney"—credibility and power not available to the homeless. Jennifer DeCarli (2L), Niagara County Family Court Resource Project, Lockport, New York I worked at the Family Court Resource Project of the Niagara County Domestic Violence Intervention Program, as a co-op between BPILP and the Domestic Violence Task Force. My duties consisted of helping domestic violence victims obtain Orders of Protection through Family Court. I would fill out the paperwork with the victims, explain the whole process, provide legal informationand go to court with them as their advocate. I would then have follow-up communications with the victim. I also assisted the Assistant District Attorney, whohandleddomestic violence misdemeanor cases in court. I contact terview criminal would and inthe vie- t i m s over the phone, and give apresentation to victims about domestic vio-1 c n c c services and the court process on the day they were subpoenaed to court. My co-op was a great experience since it enabled me to have hands-on contact and training with domestic violence victims. I learned a lot about the family and criminal court processes. At times it could be very draining, but the best reward was when a victim would let you know how they wouldn't have been able to go through any of this without your assistance. David Hutt (2L), Frank H. Hiscock Legal Aid Society, Syracuse, New York I researched a variety of issues for the Frank H. Hiscock Legal Aid Society, which serves individuals residing in Syracuse, New York. Issues ranged from seeking enforcement of support payments from a divorce stipulation agreement, to the rights of a criminal detainee to be free from unreasonable searches and seizures, to on what grounds unemployment insurance may be denied. I obtained other hands-on experience of the legal process, including service of process and court filings. Kristin Long (2L), Women's Rights Center (Centrum Pray Kobiet), Warsaw, Poland TheWomen's Rights Center in Warsaw, Poland, is one of the first and most exciting organizations advocating women's rights in Central and Eastern Europe. While working at the Center, I had extensive involvement with organizing and implementingan international conf c re ____________e n c c e n titled - Gen- d c r Equalt he M ar stituGuar- ity in Labour ket: Intional and In- antees terna- tional Standards. In addition, I researched, collected, and summarized domestic violence training materials for judges, police officers, and physicians. Maria Pilaroscia (3L), Legal Services for the Elderly, Disadvantaged, and Disabled of Western New York (LSED), Buffalo, New York Legal Services for the Elderly in downtown Buffalo provides legal counsel to qualified senior citizens on issues pertaining to Medicare, Medicaid, housing and protective services. My BPILP fellowship was with theProtective Services division of LSED. This department acts as guardianfor persons who can no longer make their own deci- sions. A guardian property makes de- for the only cisions pertaining to a person's propcrt y , whereas a GuardLi t em ian ad makes decisions for the person based on what the person would decide if he or she could make his or her own decisions. As you can imagine, the problems that present themselves are as varied as the people who have guardians, so this aspect of the law can provide considerable diversity. JenniferRuppel (2L), Erie County District Attorney, Domestic Violence Bureau The experience I had at the District Attorney's office was great. Along with legal related work such as research and writing, I was able to sit in on all aspects of cases as they progressed through the court system, and I had a great deal of contact with the victims. Similarly, I was learn a about sue of mestic 1 ence th c . able to 1 o t the isd o vi o and way it -- is dealt by our with area's court t c m sy s - Lastly, I was able to sit in on court proceedings that involved other areas of the law, including intake, which often proved to he very interesting! Kristen Nowadly (2L) Women's Legal Center of San Diego, Inc., San Diego, California Founded in 1976, the Women's Legal Center is one of theoldest legal centers in the country primarily devoted to helping low-income women and their families. At the legal center, I assisted seven attorneys with a variety of legal matters, including family law, child custody and visi- tation, bankruptcy and credit matters, and legal guardianship. While it was exciting to be assisting in this legal work, I also observed the critical need for more family law services in general. Becausethe Women's Legal Center must charge nominal fees, our office was forced to send most of the indigent clients who called for help to the no-cost Volunteer Lawyers Project (VLP) in San Diego. Since we were sending so many referrals to VLP, I asked my supervisor if I could volunteer there as well. At VLP I assisted domestic violence victims, and helped clients obtain the necessary papers to represent themselves pro se in court. Spending time in Family Court was both fulfilling and heart-wrenching, as I observed endless examples offamily violence and a court system that desperately needs procedural changes to adequately meet the needs of a diverse San Diego population. One of the most exciting things that I did as an intern in San Diego was work with the National Lawyers Guild as a legal observer for the Republican National Convention. As a legal observer, I closely monitored police and demonstration activities at a large women's health clinic. I also was asked to observe at the "free speech zone" outside the Convention Center. Lastly, I volunteered one evening every week at the AIDS Foundation of San Diego, assisting clients who needed to set up durable powers of attorney. In short, my BPILP fellowship allowed me to spend an exciting summer experiencing a wide range of public interest practice, helping out people who lack access to our legal system. Brian Eckman (2L) DNA People's Legal Services, Navajo Nation, Chinle, Arizona Even as a first year summer clerk, DNA gave me a lot of responsibilities. On weekly intake interviews with potential clients, I was allowed to conduct interviews and then report the case to the attorneys who would determine what action to take. Often I wrote the complaints and orders with the supervision of the attorneys, and was even allowed to negotiate on behalf of the clients. One of the unique aspects of working with the Navajo Nation is that summer clerks allowed practice mmm^—m^^————Bm are to i n Navajo courts with ter a let- of permissi on from the law school dean and with the supervision of local attorneys. I was given cases where I represented clients in motions for order to show cause, as well as other court proceedings. Also, I represented clients in administrative cases with the Social Security Administration. The internship was a good experience for a first year law student, but it was also interesting to be immersed in See BPILP, page 7 �FEATURES February 26, 1997 by THE OPINION 7 COURT WATCH COLUMNIST Steven Bachmann Dietz Mark this date in the calendar because I am about to do something absolutely out of character for me. I am going to praise an opinion authored by Chief Justice William Rehnquist. HisopinioninSchenckv.Pro-Choice Network 1997 WL 65718, No. 95-1065 (1997) strikes the proper balance between the right to free speech of the pro-life protestors and the right ofpeople seeking clinicaccess and medical treatment. Just as important is what the decision did not do. It did not base its opinion on the highly problematic "right to be left alone" relied upon in the District and Circuit Court opinions. As you are probably aware, the case stems from a campaign by pro-life factions associated with Operation Rescue to shut down several reproductive health clinics in Buffaloand Rochester. Women seeking access to the clinic were forced to run a gauntlet of protestors, including "sidewalk counselors" who would try to convince the prospective clients not to have an abortion. When persuasion failed, some of the "sidewalk counselors" became abusive, screaming, spitting at, grabbing and shoving the women. Judge Richard Arcara ofthe Federal District Court, Western District of New York, issued a Temporary Restraining Order ("TRO") with various provisions designed to permit access to the clinic. When violations of the order occurred, the order was modified and it became a Permanent Injunction. The protestors appealed the order, challenging three provisions of the injunction as violations of the First Amendment rights of the protestors. The first provisionwasa 15 foot buffer zone around the entrances of the clinic and driveways. Such a provision was already upheld in Madsen v. Women's Health Center. Inc., 512 U.S. 753 (1994). The second provision was a 15 foot buffer zone around people and vehicles seeking access to the clinics. The third provision permitted up to two "sidewalk counselors" inside the buffer zone, but required them to cease and desistcounseling and step outside the zone ifrequested to do so by people seeking access. The Circuit Court reversed the District Court on the challenged provisions, but the full circuit, sitting en bane, affirmed theDistrict Court's full order. The Supreme Court granted certiorari. Stevens, O'Connor, Souter, Ginsberg, Scalia, Thomas and Kennedy joined Rehnquist in striking down the buffer zones around the persons and vehicles seeking access to the clinic. They recognized that this was a broad prohibition, since it barred the protestors (except for two counselors while tolerated by the targeted individual) from engaging in First Amendment activitites in a traditional public forum (namely the sidewalk). They characterized these buffers as "floating" buffer zones, that travelled with the person targeted by the protestors. Citing problems that protestors would have determining whether they were in compliance when more than one person was entering and exiting the clinic, the court held that the "floating buffer zone" burdened more speech than necessary. Stevens, O'Connor, Souter,Ginsberg and Breyer joined in upholding the fixed buffer zones. They rejected contentions that other provisions of the injunctions, such as bans on blocking access and trespassing, were sufficient to deter future violations. The same justices upheld the "cease and desist"provisions,rejecting arguments that the provision was content based and tha less speech restrictive provision was not tried first. In doing so, however, the Court stated that the District Court's reliance on the "right to be leftalone" did not accurately reflect First Amendment jurisprudence. The provision was justified, in the Court's view, by the past conduct that was the subject of the TRO and the Preliminary Injunction. Justices Scalia, Kennedy and Thomas, in their dissenting opinion, protested that the majority should not have substituted its own rationale for the District Court's in upholding the fixed buffer zone and the cease and desist provisions. In their view, if there was no "right to be left alone" there was no basis for the injunction. They also disagreed with the rejection ofpetitioner's claim that there was no cause of action properly found to support the injunction (the majority cited violations of the New York State Civil Rights law as the grounds). They also contended that the opinion eroded First Amendment law by basing the validity of an injunction against speech on the basis of what the court might reasonably have found to be necessity, rather than that was actually found. , Breyer criticized the court sassumption that the buffer zone around the vehicles and people were "floating zones," since the District Court judge stated at one hearing his opinion to the contrary. Since there was no evidence that the "floating zones" were ever actually enforced, there was no grounds for striking them down, and should have left the interpretation ofthat provision to theDistrict Court judge. The decision in Schenck was ultimately a victory for all sides. The provisions that remain are clearly sufficient to insure access to the clinics. The abortion protestors' First Amendment rights were also considered, and given a degree of protection. Most importantly, the Court declined to use this case to undermine the protections afforded by the First Amendment. In effect, they limited the application of the "cease and desist" provisions to situations where protesters choose to ignore or flout a court injunction, rather than recognize a generalized "right to be left alone." To grant anyone a "right to be left alone" gives a person a state-enforced right to act as a censor to unpopular See Courtwatch, p. 8. BPILP cont'd from page 6 WITH BUTTER EXTRA by Kristin and Scott Frycek, Features Writers »>•«.».Amn Erf i^mr The Empire Strikes Back Ratings Legend 4 gavels A Must See! 3 gavels - Why Not? 2 gavels - Nah! 1 gavel No Way! - - Hers "Patience and control", spouts Yoda, the wise old muppet. Patience with the force and control of his fear are the two things we watch young Luke Skywalker struggle with in the continuation of the Star Wars Trilogy, The Empire Strikes Back. As I sat in the movie theatre, watching that incredibly intelligent muppet be so darned insightful, I thought to myself I'd like to have a Yoda in my life, heck everyone should. 1know it sounds crazy, but Yoda's teachings had a great impact on me. I have since done some soul searching. Seriously, think about it. The force that Luke feels, we all have have the power to feel, we Earthlings justcall it by a different name. We call it confidence or strength. Once we have confidence in ourselves, we can become as sucessful as a Jedi Knight. Really though, doesn't Buffalo remind you ofthe ice planet Hoth? I just hope we all don't all end up defrosting in some dunking booth wearing nothing but a diaper by the end of this winter. Anyway enough of my philosphical babble, as predicted, Empire was enter- taining, funny, and action-packed. I didn't notice anyreal difference from the itsfirst release. However, the only difference I wouldcatch would be a change as drastic as an incestual kiss between Luke and Leia. Hey wait, that didn'tchange. Okay, maybe something as drastic as Luke discovering that he is Darth Vader's son. Nope, no change there. In my opinion, if you've seen it once, you've seen it all. Rating: 2 gavels His Apparently George Lucas didn't make enough money on the Star Wars Trilogy the first timearound. Apparently we felt that justreviewing Star Wars was insufficient. Either way, anytime one gets a chance to re-live his childhood and see movie-goers with light sabers, that is a good thing. Going into "The Empire Strikes Back," I believed thatthis episode was the weakest ofthe three. I also reflected upon how cool I looked in my Boba Fett costume that Halloween. While I still main- tain that the bounty hunter look is a good one for me, the movie itself has taken on greater prominence upon further review. "Empire" is by far the most pivotal segment ofthe commercially driventrio. Not only are audience members surprised to find out that Darth Vader is Luke Skywalker's father, but also that Luke and Princess Leia are siblings (although most brothers do not make out with their sisters). In addition, "Empire" introduces us to that lovable, master of all Jedis, Yoda. Yoda succeeds not only in imparting knowledge of the force to Luke, but also in delivering one sexual euphemism after another (i.e. "It is not size that matters"). Other than adding a few more TIE fighters and a scarier, wilder beast on Hoth, the current version of "The Empire Strikes Back" is no different from the one we have been watching for years. If you are one of those people who has suddenly come out of the closet with your love for the Star Wars trilogy, I am sure you will watch it. If you have never seen "Empire," there is something really wrong with youand 1 recommend that you go see it now. For everyone else, make it a Blockbuster night and be thankful that you are truly normal. Rating: 3 gavels also interesting to be immersed in Navajo culture. The Navajo legal system differs the practice oflaw. Most importantly, you can be part of an organization that servesa vital purpose to Navaj o who are often discriminated against by people on and off the reservation. Scott Johnson (3L) Public Defender Service for the District of Columbia (PDS), Washington, D.C. ■■ PDS is the model public defender service in this country. Its programs and training are used by law offices across the country. I spent the summer clerking for a trial attorney in felony one cases (including homicides, sex crimes, etc.). I watched the attorney in court on ah almost daily basis during a three codefendant homicide trial. Additionally, I i n - was wfcd i n vari- o us gal and -1 c - resexh in -- i gation efforts for the other cases he had(which were in various stages in the legal process). This opportunity,funded byBPILP, enabled me to learn from a top trial attorney and mentor, at a well-regarded legal organization, how to effectively represent indigents in criminal law proceedings. Wherever I end up this fall, my time at PDS will be an essential part of my approach to my workas a practicingattorney! ves- t �NEWS THE OPINION February 26, 1997 8 A New York State of Mind Chief Justice, Attorney General speak to Annual Alumni luncheon by Ilene R. Fleischmann, Assistant Dean for Alumni, Public Relations and Special to the Opinion I'ommunications, Two voices from vastly different ofthe criminal justice system played counterpoint to each other on Jan. 24 at the 1997Annual New York AlumniLun- Held in the Union League Club on East 37th Street at Park Avenue, the luncheon brought together many of the dozens of UB Law School graduates from across the state who were attending the quoted at length a Rochester woman, Diana Wood, whom the judge met at a ceremony marking the one-year anniversary of Wood's 'graduation" from Drug Court-imposed treatment. "The idea behind the drug treatment court," Judge Kaye said, "is this: We know that traditional criminal sanctions don't change thebasic behavior of many drug-abusing offenders. Weknow that they do their time, they go back on the street, and the cycle begins again. By offering strictly supervised treatment to selected non-violent offenders, New York State Bar Association annual meeting, as well as those living and work- ing in New York City. It was an occasion for renewing old friendships and making new acquaintances, as well as catching up on the state of UB Law as articulatedby Dean Barry B. Boyer. An enthusiastic crowd of attendees heard state Attorney General Dennis C. acco '78, fresh from successful appear- nce before the U.S. upreme Court, recount his adventures before the most famous jurists in the and. (See a story on Page XX of this sue of UB Law Forum.) Vacco's was one voice from the xxlium that chilly Friday afternoon.The her was that ofthe Hon. JudithS. Kaye, liefjudge of theNew YorkState Court Appeals - and through her, a voice om the streets, the voice of a former drugaddict whoselife was turnedaround by her experience with one of the state's Drug Courts. Judge Kaye, the first woman ever led to serve on New York's highest court, was appointed to the Court of Appeals in 1983 and rose to become chiefjudgeinl993. Among the advances and reforms she has instituted, : Eovative she has overhauled the state's jury system to makeit much more "userfriendly"; taken major steps to lift higher the ethical standards for New York's attorneys; defended judicial independence against political encroachment; im- Justices Delores Denman and Judith Kaye. drug treatment courts seem to break, not merely interrupt, this cycle." And in the words of Diana Wood: "On Aug. 27,1995,1 got highfor thelast time. I now have over 16months clean.... I was using and drinking from time to time, but I figured 1 had control over my use. By the time I figured out that the drugs were controlling me, I was at the bottom of an abyss. Drugs had gradually changed me from a lawabiding, productive member of society into a desperate and devious criminal. I was homeless, penniless, malnourished and dirty. M y possessions fit ina side shopping bag. I spent every day stealingthe money to buy my drugs, and every free minute getting high. I alternative to incarceration, because it fosters human motivation andthe will to change, and provides a framework within which that change can take place." Judge Kaye continued, "As lawyers and as judges, we all have an extraordinary opportunity to change the lives of the individuals and the character ofsociety at large. Through cases such as Quill vs. Vacco (the physicianassisted suicide case argued by the attorney general), we shape the fundamental principles thatmark and determine the civil order. "But even in the most ordinary cases there still is the potential foringenuity andintervention that will forever change thelives of the particular people involved. This extraordinary opportunity in turn imposes an extraordinary responsibility on each ofus to use the best of our abilities as lawyers for the service of our clients and the service of justice." New approaches to dealing with lawbreakers, Kaye argues, are crucial to the job of being more effective jurists and more responsive to the community. "Changing times place changing demands on our judicial system," said Judge Kaye, who spent 21 years as a private litigator before being appointed to the Court of Appeals. "So whether your practice takes you to the awesome corridors of the Supreme Court of the UnitedStates or to the distinctly ltss prestigious hallways of, say, civil court or city court, you play the most vitalrole in this society and the lives of these people. "In these days oftremendous cynicism about courts and the legal profession, I wish the public could more often hear messages such as we heard today from the attorney generalandfrom Diana numerous times, but still I couldn't stop. I had no support system and no incentive to stop. by Julie Meyer, iManaging Editor This past weekend, February 20-22, the Buffalo Moot Court Board held the 26th Annual Albert R. MugeJ Tax Competition. Eleven law schools from around the nation competed, including University ofBaltimore, Brooklyn, University of Dayton, Detroit College of Law at Michigan State University, University ofDetroit Mercy, John Marshall, Quinnipiac College, St. John's University, Salmon P. Chase College of Law, Northern Kentucky University, Southern Methodist University and University of Toledo. The case being argued took place in the United States Supreme Court and was named John Bychance v. Commissioner ofInternal Revenue. Competitors submitted briefs supporting either the Petitioner's or the Respondent's arguments, then traveled to the Erie County Courthouse in downtownBuffalo, where they argued both sides of the case. The winner of this year's Mugel competition is Northern Kentucky University, Brooklyn finished as the Finalist, and University of Toledo and University of Detroit Mercy as Semifinalists, The judges for the semifinal rounds were: Jerome D. Adner, William C. Altreuter, Paul Battaglia, GaryBluestein, Gary D. Boreki Lawrence C. Btown, Ralph L. Halpetn, David Hayes, Raymond N. McCabe, Deborah J. Muhlbauer and John White. The final round consisted of a panel ofsix judges: Hon. Leslie G. Foschio, Prof. Sharon Stern Gerstman, Prof. Kenneth Joyce, Sherman Levy, Prof. Albert R. Mugel and John D. Steele. The Buffalo Moot Court Board wouldlike to thank the judges and attorneys who devotedtheir tLme and effort to the Mugel Competition. Italso wishes to extend sincere thanks to Prof. Albert R. Mugel, Prof. Kenneth Joyce, Nicholas Baich, Barbara Premielewski and the Erie County Courthouse. The University el Buffalo School of Law & The Present BuffaloLaw Review Wood," said Judge Kaye, "so that they would better know how proud they should be ofthe legal system ofthis state £\ got caught posed reforms on matrimonial practice; and called for [Drug a wider use of arbiCourt fiNew York State Attorney General Dennis Vacco tration and alternanally protive dispute resoluvided me tion. with both." It was the human success stories "If it were not for this program, I that come out of the state's four Drug am certain I would not be alive today. Courts, though, that Judge Kaye spoke I 'm certain my 15-month-old twin boys of at the luncheon. Specifically, she sober mom who's always there for them. Today I feel better than I've ever felt in my life. As long as I stay drugfree, I will never again stand in any courtroom charged with a crime. I want to say that I think Drug Court is the best Moot Court Board Holds Annual Tax Competition Courtwatch, Con't from p. 6 views. It conditions the right of free speech upon the willingness of another citizen to tolerate it. This is what has been called a "heckler's veto", and once granted, it could render theFirst Amendment a dead letter. Many ofthe ideas wecherish today, such as Civil Rights and the equality of the sexes, were highly offensive to the majority of Americans not solong ago. I wonder whatkind of America we would be living in today if these offended citizens had, and was able to enforce, a "right to be left alone." Snal Doctrine and In the Age March 8. I 997 srlwui or Low Registration $15 University at Buffalo Sludenls $25 Non-Univetslfy 8! Buffalo S5O GeneralPublic Sludenls Reglslrallon Deadline March 3. 1997 Keynote Speaker Mike Godwin Staff Counsel, Electronic Frontier Foundation (EFF) For complete symposium Information, Including a full list ofspeakers, symposium schedule, and a registration form, visit ourWeb Site: http://wlngs.buffalo.edu/law/blrfcyberlaw/ or call the Buffalo Law Review at 645-2059 �THE OPINION FEATURES February 26, 1997 9 Mattacola, Con't from p. 5. VTHinEeGrape by C.S.Nickson, Features Writer recognition value. If you're anything like me, going to a restaurant for a fine dinner, accompanied by a bottle of wine, is a special occasion. I believe it to be rare to find law students who are independently wealthy and can afford that perfect bottle of LafiteRothschild from 1945 to accompany the Surf-and-Turf Special. However, when I go out to dinner I do like to have wine, and generally the selections of wine by the glass are either abhorrently expensive, given the amount offered, or of such low quality thatordering such offering is not recommended. The key, therefore, is finding a bottle of wine of sufficient quality,that will hold up well with the food you are ordering, and does not force your bill into the stratosphere. Finding suchwines, unfortunately, is often a distinct challenge. Here are a few hints: (1) Understand that most restaurants mark up the wines they serve between 50-150%. This is especially true of wines like Sutter Home White Zinfandel, with high name recognition, which I have seen on restaurant wines lists for aridiculous $15 a bottle. Likewise, wines from California carry a form of automatic markup, as do Chardonnays and to a lesser extent joying them in your own home. Additionally, the magnitude of the diversity is staggering to me, and I am often lost among individual vineyards in France. (5) Choose wines that will complement your dish and that of your guest. (2) Wines from more unusual geographic locations generally come in undervalued. For example, the wines of Washingtonand Oregon states, the wines ofChile, Argentina, and South Africa, all tend to have less of that name recognition and are therefore more reasonably priced. Be brave; if you see wines from unusual places, they tend not to have madethe wine list if they are completely awful. In fact, they probably wouldn't have made it into the country were they bad wines. (3) Don't be overwhelmedby a large wine list. Some very fine restaurants like Warren's and Oliver's, have expansive cellars, resulting in wine lists that appear the size of a short novel. Break down the lists into their parts, usually organized by country then varietal. It will be much easier if you can simply put it into perspective. (4) Stay away from French wines. I wish this were not the case, and I am sure that French wine drinkers will give me guffonthis point, but the wines ofFrance are most susceptible to huge markups by the restaurants. If you want to enjoy wines ofFrance, I honestly believe you are better off en- Cabernets, because of that same name This is often difficult when the dishes are unique to one another, like fish and steak, etc. Lately, my top pick for wine has been Pinot Noir because, as a lighter red, it cuts across many dishes to work well. In addition, Pinot has less name recognition, and therefor demands less in price. I like Pinot with any grilled fish dish (grilled swordfish, for example) and most chicken dishes in heavier sauces. This represents only a few hints and suggestions for restaurant dining. Locally, I have enjoyed many fine meals. For those looking for a good meal for a special occasion, I like Fanny's on Sheridan. The owner, Michael Delmont, in conjunction with his sommelier John Beatty, have recently lowered the prices on the wine list. Great food. Additionally, I recently enjoyed a fine meal at a great price at the Fieldstone on Transit in Lockport. Bon Appetit! that April 11th is the last day you can resolve any exam schedule conflictsTz before and have personally witnessed the damagethat domestic violence inflicts on a person. Perhaps it is because I have an inflate dislike for control freaks and those who abuse their spouses or partners are the absolute worst kind It is for these reasons andmore thatthis groupi mpresses me. The Task Force operates three family court resource projects in Niagara County which assist battered women in getting orders of protection against their abuser. The group educates area high school kids on the very real dangers of daterape and domestic violence. The group organizes drives which supply necessities to those women living in the Haven House and the YWCA as they attempt to make their transition from a lives of abuse to lives free of violence. In short, the Task Force is pretty amazing and an attribute to this school but much more importantly, it is a knowledgeable helping handto those who are victims of domestic violence. V m sure there are those that were a little set back from the tone and content of this column. It is definitely not my norm. This is not to say that I won't be back with my usual poor attempt at humorous sarcasm pointed at professional sponsor politics or life. I know that I will. Yet, maybe we all need to do a little celebrating on a regular basis. It's important to think about all the good that's out there especially whenall that we see in the news is the bad. Thus, from here on in, this column will attempt to celebrate one example of goodness that we can all be cheered by. I can't promise that Til always find one, but I will try. Why such a change? I don'tknow. Maybe it will do us all some good. It definitely can't hurt. These Are The Facts ZJhe Student &sar^Xfssociation ... 4 ZJhe University at Wsu.ffa.ljo School of<JLaw I -I--IJ-I 111 Mill |"V ~■'... 'j reauests the pleasure of your company, celebrating. tike £arrider\ Bait the eiahth of on Ir larch The Central Park Grill ilineteen hundred and ninety-ieven , You Be The Judge at Steven o clock in the evening. a Lypen I/Jjar CT aUown HL StatL EalLom KffaL, 7U y rl, O ZJicneti-$25.00 per person may be purchased at the KJwice Joe Head Tuesdays Gamalon Friday, Feb. 28 Bread Gone Wry (Alternative) Friday, Mar. 7 The Maniacs (GratefulDead) Sundays of the Student v^ar^Association. —U/n£ id. iiinninq Wednesdays The Need Thursdays Willie&the Reinhardts out to Iniu (LJfries £oaau £o huienaie tidsis/ ip v. v * -4* V" J? -jne Wβ Saturday, Mar. 8 The Morvells Schultz Saturday, Mar. 15 Painted Pony (Blues) ENJOY BANDS. BURGERS & WINGS KITCHEN SERVING BUFFALO FAVORITES TIL 2AM \, AyV/ Jr. ' �FEATURES THE OPINION 10 February 26,1997 Trial Technique Team Takes Manhattan by Julie Meyer, Managing Editor UB Law's Trial Technique Team made history for the second year in arow at the National Trial Advocacy Competition for Region 2. For the first time ever, UBLaw Trial Teams earned quarter-final competition spots, and one team made it to semi-finals. Two teams of three students each argued both sides of a criminal law problem focusing on conspiracy to obtain a controlled substance by fraud. Third year law students Caroline Hooper, Kristina Karle, David Pfalzgraph, Michael Beckelman, DanKillelea, JessicaMurphy, and Michael Plochocki split their talents into two teams with one student as alternate. The "A" team consisted of David Pfalzgraph, Caroline Hooper and Kristie Karle. They were knocked out of competition in the quarter final round by a mere two points, losing to team which eventually won the entire tournament. The "B" team consisted of Michael Beckelman, Dan Killelea, and Jessica Murphy. They lost in semi-finals by one point, narrowly missing a chance to competein Houston, TX. The "B"team placed second overall in the competition, and will be honoredlater this semester by the New York State Bar Association. Robert Murphy, Diane LaVallee and Joseph Marusak devoted countless hours to prepare the students for the competition. Local attorneys volunteered their time to help judge during practice rounds for the students. The students trekked to New York City for five days of intense competition in early February. For the four weeks leading up to the competition, each student devoted four hours each weeknight and eight hours on the weekends during their winter break to practicing. In order to make the team, each student had to achieve an "H" in their trial technique class, and then try-out for a spot on the team. Both UB Law teams included one lead attorney, one defense specialist and one prosecution specialist. Each lead attorney argued both sides ofthe problem throughout the competition, while each specialist concentrated on either defense or prosecution. Through the efforts of Bob Murphy and several team members, and the generosity of local attorneys, several thousand dollars were raised which allowed the team to compete in New York City. Twenty-fiveteamshailingfrom New York State, New Jersey and Connecticut represented thirteen law schools. Syracuse University, the school which UB Law beat last year in their first place finish, won the tournament. St. John's University Law School hostedthe tournament. Anthony DiMarco chaired the tournament and Anthony DeFazio directed the tournament. Joseph Marusak, an Erie County Assistant District Attorney and the Chief of the Homicide Bureau as well as one ofthe team's coaches, said, "The Law School should be proud ofthe effort and commitment put forth by all ofthe students on the team. The studentsrepresented the school admirably by their professional and dedicated performance throughout the competition." Robert Murphy, one of the team's coaches and a semi-retired defense attorney practicing privately in Buffalo, said, "It was one of the finest teams I've ever coached." Diane LaVallee, the team's head coach and a former Erie County Assistant District Attorney, said, "Once again, the Buffalo Law School teams distinguished themselves. The students were incredible, not onlyfor their trial advocacy skills but also for their dedication to the program and their school." Michael Beckelman, lead attorney for the "B" team, said, "It was one of the most educationalexperiences I' ye ever had in law school. It prepared me more than anything elseI've done forthereal world." Kristina Karle, a defense specialist for the "A" team, said, "I knew it was all worthwhile when one of the evaluators told our team that we renewed his faith in the legal profession...l would have never made it to New York without the dedication of my mentor Bob Murphy, he is an amazing teacher and coach." Caroline Hooper, the prosecution specialist for the "A" team, said, "It's an experience that will last a lifetimeand will lay a foundation for a successful trial work in the future. The entire team got to display everything that we leaned and made new friendships. The combined knowledge of Diane LaVallee, Bob Murphy and Joe Marusak was phenomenal. It allowed us to be one of the most prepared teams at the competition." Dan Killelea, prosecution specialist for the "B" team, said, "It was a powerful learning experience. Kinda like boot camp, except we didn'thave to shave our heads." David Pfalzgraph, lead attorney for the "A" team, said, "We fought hard and had absolutely no regrets about the way we competed. We competed with pride and honoragainst the best. I became close friends with six classmates and I was taught by three of Buffalo's greatest trial attorneys. There is no question in my mind that our trip was a success for ten people who experienced a week we will never forget." Jessica Murphy, defense specialist for the "B" team, said, "To be on the team was a hard thing to do. Night after night, we learned only what we were doing wrong. But, when we reached New York, nothing faz+ed us and we knew our stuff cold. It's almost an eerie experience to know how much fun a cross-examination can be. The insights and wisdom of the coacheswasremarkable. Thegoodmemories and experiences outweigh the not-so good things by so much, that I already look back on this fondly." Michael Plochocki, the team's allaround specialist, said, "The trial technique team was one of the most educational experiences in law school. I learned more than I did in any class." UB Law plans to continue its tradition of winning teams for the future. Additional Reporting by Jessica Murphy, Editor-in-Chief Jessup International Moot Court Team Finishes Fifth by Jessica Murphy, Editor-in-Chief * 'JSP* ■ DRUNK DRIVING DOESN'T JUST KILL DRUNK DRIVERS. Hannah and Sarah Fogleman, killed Dec. 12,1988 at 2:22pm on 1-95 South, Brunswick, GA. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? Sine* U-S Department of Transportation Six University of Buffalo Law Students finished fifth in the Jessup International Law Moot Court Competition for the Atlantic Region. Bill McDonald(3L), Max Raterman (3L), Leanne Gramlich (2L), Jennifer Berger(2L), Joe O'Brien (2L) and their coach, Katie Lee (3L), represented UB Law at Columbia Law School on February 9th, 10th and 11th. The competitors argued both sides of an international law case which dealt withinternationalchildadoption, enforcement of domestic court decision in foreign countries and general agreements on tariffs dealing withpayment ofmoney for an embargo on cigarettes. Twelve schools including Buffalo competed for the regional title. The schools hailed from a six state region which included New York State, New Jersey, Connecticut, Vermont, Pennsylvania and Massachusetts. The team placed fifth overall and also won fifth best brief of the competition. MaxRaterman won fifthbest oralist. Buffalo won three preliminary rounds and lost one round to Brooklyn Law by a slim margin. The team beat the defending champions, Columbia Law School, in preliminaries, and missed a semi-final berth by inches. The winner of the competition was Cornell University Law School. Bill McDonald said, "We enjoyed the level of competition at the event and our team members are looking forward to applying thelessons learned to help coach the Jessup First Year team that will compete in Toronto." GOOD LUCK TO ALL OF THE JANUARY SENIORS WHO WILL BE TAKING THE BAR EXAM THIS WEEK! �THE OPINION February 26, 1997 11 NATIOLTDRVCY EAM TTRIRIUB AND SHCOOL LAW 1997 UMPALSH'S: Bob Murphy is a good coach and an even better friend... The head of the Trial Technique Program,Anne Adams helps Kristie Karle, Diane LaVallee and Caroline Hooper celebrate victory and friendships. 77u Joe Marusak and Diane LaVallee realize their reign of terror is over... members (i-r): Mike Beckelman, Dan Killelea, Caroline Hooper, Kristie Karle, Davitl Pflazgraph and Jessica Murphy (Mike Plochocki was tripping the lights fantastic elsewhere in New York...) team Head games?!! SDFSDF Dan Killelea chats with "The Governor", Mike Plochocki �FEATURES THE OPINION 12 February 26, 1997 From a Different Perspective... by Carlisle Toppin and Martin Raikes, Features Writers Affirmative Action Speaks Louder Than Words Consider this anecdote written by Brian Lewis. An official judges two athletesrunning a hundred yard dash. Before the official shoots off the starting pistol, one runner kicks the other in the shin, stomps on his toes and then rushes ahead fifty yards. Because our official is observant, he sees the foul play and immediately stops the race. He walks over to the runner who is fifty yards ahead and tells him what he did was wrong and he is Yet, those who benefit bear a mark of "not being the best pick, but only the best from a limited group," even when its purpose. There is overwhelming evidence that instances of discrimination and exclusion are widespread. Minori- selected from the complete applicant pool. Affirmative action does not give preferences to less qualifiedpersons for jobs and for admission to college and professional schools. The problem is that those who are hired or admitted to universities are perceived as being less forbidden from doing it again. He goes back to the runner at the starting line who stereotypes of women and minorities and as such, we must reevaluate how we assess qualified persons and how we measure merit. One traditional measure on which we base our perceptions of merit, intelligence and ability is standardized tests. However, many proponents of affirmative action believethat standardized tests only perpetuate social oligarchy. The results correlate well with socio-economic status and are not necessarily good indicators of scholastic ability. It is ties and women remain economically disadvantaged. The black unemployment rate remains over twice the white unemployment rate; 97 percent of senior managers in Fortune 1000 corporations are white males; only 0.4 percent of senior management positions in Fortune 1000 industrial and Fortune 500 service industries are Hispanic; in 1992, 33.3 percent of blacks and 29.3 percent of Hispanics lived in poverty, compared to 11.6 percent of whites. In comparing the earnings of whites and minorities, studies typically found that women and minorities are paid less than their white male counterparts.. For example, the average income for Hispanic women with college degrees is less than the average for white men with high school degrees. Perhaps the most convincing evidence of blatant discrimination in the labor market demonstrating a need for affirmative action, comes from the recent cases against Texaco, Avis and Circuit City. Additional evidence of labor discrimination is shown in the "audit" studies conducted by the Urban Institute's Employment and Housing Discrimination Agency, in which white and minority, or male and female, job seekers were given similar resumes and sent to the same set of firms to apply for a job. These studies often found that employers were less likely to interview or offer a job to minority or female applicants. Affirmativeactioncannot seriously be consideredreverse racism and inherently unfair to white males. Whereas racism seeks to exclude, affirmative action seeks to include. It will cause the white male no greater harm than an increase in the size and quality of the pool ofapplicants he must compete with. Affirmative action should be viewed as a fair compromise. White males sacrifice the benefits ofless competitionwhile women and minorities sacrifice an immediate reform for a gradual social change. Besides, white males are already is a little bruised up and he tells him "Don't worry I saw everything that hap- pened and told the other runner that what he did was wrong and he shouldn't have done it." Then the official strolls back to his position and fires the starting pistol to begin the race where the runners left off. There is definitely something wrong withthis picture. In order to make it a fair race, we must allow the injured runner time to heal and then advance him fifty yards to be even with his competition. Similarly, affirmative action is designed to correct some oftheinequities in American society and to provide equal opportunity for all citizens. Toward that end, there are two general justifications: the remediation of discrimination and the promotion of inclusion. Both justifications are consistent with traditional American values of opportunity, merit and fairness. The gains from these programs benefit society as a whole by bringing together diverse skills, knowledge, talent and experience. Nevertheless, there is a general sentiment that affirmative action affords people of color unfair advantages, promotes the hiring of less qualified people, incites racial tension, continues even after its purposes have been achieved, creates reverse discrimination and is unfair to white males. The debate over this volatile issue has been more emotional than intellectual and has led to these false conclusions. Affirmative action does provide women and minoritieswith opportunities they would not have had otherwise. After all, that is what the program was designed to do. qualified. This perception is based on socio-economic status, not gender or race, which provides certain advantages thatlead todisproportionateperformance on these tests. This is obviously a poor indicator ofintelligence and isborne out by the fact that students who enter college with varying scores and degrees of preparation usually perform at the same level. Affirmative action brings about a challenge to traditional qualifications by forcing us to be critical of the way we assess the notion of merit. The argument is often made that affirmative action does little to promote harmony' in the workplace and institutions ofhigher learning because its beneficiaries are viewed with scorn by their counterparts. This argument lacks any basis in American history. Racial and gender biases are institutionalized in America and were not created by affirmative action. To the extent that these programs are able to dispel stereotypes byallowing people to interact and work together on the same intellectual level, they shouldbe encouraged. While it is fair to say that there has been undeniable progress in many areas, affirmative action has not yet achieved Wl.cn: 1 nursclai,, Marcli 6, 1997 from 7-10 prn Where: Caluniel Arls Cafe, 54 W.Clnppcwa Si. Wlnj: unction, open bar, qourinel HOI'S a oeuvres, live music, aancina, to raise scnolai"sliip tunas lor summer lellowsnips in areas of public interest law Oilpnl $15 In a<Jvancp/$2O ol llie Joor To * lit,! '" , Ikkel* t«nd cliccl parotic lo U.B. r<>iindcilion (81- !! l^) c/o K. MowaJl,, 374 WooJwarJ Ay«. Buffalo. NY M214 for more Informalion coll (716) 831-1658 ti mili- In,in Klcilii liiilil I|.|M rvtiiiJin) in llir |jn | ||oor linllwuil. rptfrve in the U.S. Due to initiatives like California's Proposition 209 which attack affirmative action on the state level and a push by Republicans Bob Dole, Newt Gingrich and ClintBolick for a bill to end it on the federal level, thereis a sentiment that the program will soon be eliminated. As it now stands, affirmative action is unlikely to be ended on the private, federal or state level. It continues to be strongly enforced as evidenced by the $176.1 million settlement by Texaco in a race discrimination suit. Furthermore, many House Republicans backed away from the bill partly out of election-year fears that it would alienate minority and female voters. Even if passed on the state level, as in California, it is doubtful that private and state institutions, which depend on federal funds, wouldcomply. In order for organizations to qualify for federal subsidies, they must develop and maintain affirmative action programs as part ofthe criteria. Failure to comply wouldlead to a termination ofthe funds. For instance, UCLA would stand to lose $212 million in federal funds if it complied with Proposition 209. If it did so, the State of California would probably not be willing to compensate UCLA for the lost revenue. The drive to eliminateaffirmative action is just one aspect of a political strategy to gain support by creating divisions within the society. The arguments against it have been refuted by the record because affirmative action has had significant success in terms of providing women and minorities with an avenue for upward social mobility. While there is a definite need for reform, dismantling the program in its entirety would reverse most of the gains ofthe past 30 years. America is not yet at the stage where we can rely on neutral societal principles to make a fair assessment of historically disadvantaged minority groups. Duilalo Public Interest Law Program Annual Deneiit Auction W luil: intertwined with a host of other policies of preferences: Tax breaks for corporations, subsidies for middle class home buyers, mass transit subsidies for white suburbs, million dollar price supports for corporate farms andof course, the $500 billion federal bailout ofthe savings and loan industry, the largest financial set-aside program in U.S. history. Minority programs are only a small part of the spectrum of preferential polices "ToiiO The -T-.mely, Probing, Cootro>/€rs toil , aocl (■Somefifnes) Pftinft)!. o , s / IvIoRIC, V FooLiJ —^ �THE OPINION February 26, 1997 SBA Meets for the First Time This Semester Barrister's Ball, Student Lounge and Athletic Fee are major topics by Jessica Murphy, Editor-In-Chief The first SBA meeting of the semester convened at 8:35 pm last night. Quorum was met. SBA President Prudence Fung presented the first report of the night. Fung announced that a date for executive board elections needed to be set for sometime between March 1 and April 12,an official 3L class director vacancy must be filled within 28 days and Fung also proffered suggestions for fundraisers. Fung announced a meeting of the Student Committee on Tuition Actions and requested that students volunteered to attend. 2L's Nathan Van Loon and Bahaati Pitt offered to go. The position currently held by 3L Scan Shannon at the Career Development Office will be eliminated next year because of funding problems. It was decided that SBA members will schedule a meeting with Audrey Koscielniak, the Director of the CDO. The grade distribution requirement as set by Karen Waltz still has yet to be met for some Fall 1996 grades, and many Spring 1997 grades. Vice President, George Hamßoussi had no report to give. Treasurer Bari Levant reported that the budget process must begin soon. Levant also reported that postage and miscellaneous expenses will be eliminated from student group budget lines next year. Parlimentarian Peter Thompson had proved. Student groups must hold their electionsafter the SBA electionsand SBA budget hearings. Letters will go out to student groups with further details. Thompson recommended that the Asian American Law Student Law Student Association's constitution should be approved. Student Committees werethe next to give reports. The Barrister's Ball Committee reported that less than 150 tickets have been sold so far, and that they must guarantee 175 people to attend the Ball. Last year, 285 people attended the Ball. So far, no hotel room rate has been obtained and that there most likely will be van service to whatever hotel is chosen. Bar Bri Bar Review donated $500.00 to help off-set costs of the Ball. 1Lclass director Kevin Clor said, "I was tellingpeople that Wednesday was the last day [to buy tickets], and people were shocked." The Community Service Committee reported that they were planning a bake sale for either next week or the following week. Plans were in the works for to donate books to city schools and for a blood drive in the first week of April. The Course Evaluation Committee had no report to give. The Facilities Committee reported that there was a meeting scheduled with theDeans for March 4 to discuss plans for the student lounge. Possibilities for the lounge include moving the vending ma- chines and placing locks on the doors. The Finance Committeereported that group money roll-over hearing will be held. Also, there will be a meeting to deal with the BPILP/SBA Coop and whether or not non-participating students groups could donate funds to contribute to the Coop. The Coop issue will be decided before the budget hearings take place. The Social Committee has no report to give. The 3LClass Directors reported that were trying to meet with Dean Olsen they regarding the announcement of Honors Graduates at graduation. The 2L Class Director Bahaati Pitt requested help with the yearbook. 2LJoe Reynolds stated thatthe Commencement Committee for 2L's will be organized soon. 2L Nathan Van Loon reported that the Undergraduate Student Association decided that they would give givemoney to the Athletics Program, and to do so they will impose a $100 per student fee each semester to support Division I undergraduate athletes at ÜB. Thompson said, "$140,000.00 to watch a bad basketball team?" Van Loon said, "You'd be paying $200.00 a year for something you can't participate in." Fung stated that she would contact the Graduate Program Governments to see if anything can be done. the minutes from the last meeting ap- WM MWHf £& i ffi M g. Ss %HI mm ( i H pi. ii 11 *w iiruiPi 'im-<. - 4 : 1 O®1b&« > lip , # «l Sure air bags work great in front-end collisions, but only a safety belt can protect you from side and rear-end collisions. So buckle up. And youll cover all the angles. YOU COULD LEARN A LOTFROM A DUMMY BUCKLE YOUR SAFETY BELT. The 1L Class Directors directed the discussion towards the installation of an on-campus telephone in O'Brian Hall and improved security measures. The SBA voted that if a group does not choose to use all of its alloted budget during the year, the remaining funds may not be given to BPLIP. The AALSA constitution was accepted unanimously. An on-campus phone may be placed in the student lounge, and pends upon a positive decision from the Deans. It was decided that Michael Stuermer's Class Director position is now vacant because he resigned. An election to fill his seat must be held in 28 days, and until the new officer is elected, the current officer remains in position. Elections will be held on April 2nd and 3rd to fill next year's executive board, University Counsel and two 3L Class Director positions. Petititionsfor those people interested in running can be started on March 7th and are due by March 14th. New officers will take positions on May Ist. SBA group elections must be completed by April 11th. A Midnight Basketball Tournament was voted as the fundraiser of choice and the details will be forthcoming. The meeting officiallyended at 10:09 pm. Additional Reporting by Kristin Greeley, News Editor 13 �PUBLIC SERVICE ANNOUNCEMENT THE OPINION 14 I February 26,1997 B B I ■ I ■ BPHS HHik B B -11 X B ,, •y£j§v?*y ' -~'M'' '*fSf*jif~''- BBfio'"'' . i R™n-.'.v.v. .■. -■ .■.'.■ XIKI Talking with a ■ LL ;■' i' .- i-/ L. friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to offer her your help. At least one out of every three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury oftime. - I TiT~iß|^|fjf»i^lf_^'W J SSc! *flij\ for Domestic Violence. I'dmiJy violence Prevention Fund �February 26, 1997 PUBLIC SERVICE ANNOUNCEMENT , fl^^HMPi ■ J ■ ,• "!ffj» .'ft-ft- HHE ft *» / , *t^^ff m V." 9 /»'-■" - * W't'ttf' THE OPINION ' ' rtßvW'' 15 -.''/W#p ABILITY TO STOP CHILD ABUSE IS FINALLY AT OUR FINGERTIPS. Now there's a way you truly can help stop child abuse. By simply lending your support to a new kind of prevention program. A program that teaches new parents how to deal with the stresses that lead to abuse. One that interrupts the cycle of abuse before it can begin. We're already achieving unprecedented results, but we need your help where you live. Call 1-800-C HILDREN. And learn how close at hand the solution to child abuse really is. THE MORE YOU HELP THE LESS THEY HURT. IKIHBDDBDDDDQQBDHI y— (JOUKI National Committee to Prevent Child Abuse *a* lltt �THE OPINION 16 8.-.R I1 jFMil* 4i!m| «« / L ygL 'MJJ REVIEW CONGRATULATES ALL WINNERS OF THE MOST SIGNIFICANT LEGAL EVENT OF THE PAST 25 YEARS ESSAY CONTEST I f February 26, 1997 3t j0h n ' s University School of Law [■MM^iPiHiWI No gunshots were fired, no church bells rang out signaling chaos. Yet the most powerful man, in the most powerful office in the world, ejected himself from the apex of power — the Presidency of the United States of America. And the greatest legal document ever drafted, the Constitution, held the fabric of our nation together during this tumultuous time. m^ question the conduct of their sovereign leader. mjJ And so, with much trepidation in the summer of 1974, the House of Representatives — following the Constitution — drew three Articles of Impeachment accusing the 37th President of extremely serious crimes. The accusation of obstruction of justice stood foremost among the charges as an impropriety with grave implications upon the person charged with "faithfully executing the laws" of the United States. mm €For fto all the dismay and outrage exhibited at the time, no riots erupted, no fight for power ensued, no military coup took ; place and no revolution broke out. In like circumstances, such frightening incidents have occurred in every corner of the globe. With peaceful, determined order, the Constitution handed over the mightiest of its responsibilities the presidency. We have it to thank for our nation's continuing stability and prosperity. - € zumeZrUP HOOO % A iSOO 3fiß/m JGHOMKHfP Heather Barr M g Columbia Law School % m%wp®2£i Mi// Steven Grant fQuinnipiac €* € Wk ////// While it is the most significant legal event in the last twenty-five years, few would recognize it as such, because we too often neglect and take for granted the sacred charter. Few would remark that it was the 207 year-old dusty parchment that provided for an orderly and fair judicial process by which citizens, through their chosen representatives, called into The Judiciary Committee voted to impeach; now the question would go to the House floor for a full vole on whether to mm subject the President to a trial by the 100-member Senate, mandated by the Constitution. Such a trial would rock the nation to the very core of its existence. It did not occur: the President resigned from office. Again the Constitution was there Wl Following its detailed instruction, the Vice-President became the 38lh President. % mL { f€ Law School & Anne Marie Troiano St. John's University School of Law scwimwp uvm Cheryl Hammel (Seton Hall) $2so Brent Adams (NYU) Alison Butler (Columbia) Marinn Carlson (Yale) Eric Chalif (New York Law) Kenneth DeStefano (NYU) Douglas Ebeling (Vermont) Daniel Eisenberg (Syracuse) Kevin Heffeman (CUNY) Ellen Keng (Rutgers) Jeremy Lechtzin ((NYU) Jonathan Lefkowitz (Rutgers) Thomas Martin (Seton Hall) Tami Parker (Columbia) ' mm <mji W^ ////// IJJm mm $# m yjL f J m m S Amy Powell (Pace) (M Alyssa Preston (CUNY) Melissa Rothstein (Columbia) Janet Runcie (Touro) Jason Sterling (Mass. Sch. Law) ym Susan Teschner (NYU) m/// Jeffrey Harris Ward (CUNY) /J/m l^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cc12bbebd143eb5ba28afb6fb279b3ca.pdf 726e7d857dfc36c607000f12bf608499 PDF Text Text NEWS Mock Date Rape Trial finds the defendant not guilty, see page 6. FEATURES OP\ED Don't rush in for Fools Rush In, see With Extra Butler on page 7. Grades are late...again, see page 4. Bringing the issues to the students since 1949 THE OPINION Volume 37, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SBA Verifies Latest Law School Ranking by SA. Cole, News Writer The Student Bar Association convened Room 706 at 5:30 pm on MonO'Brian in day,March 10,to revel in the success ofthis past weekend's Barrister's Ball, and to discuss plans for the future. With only ten members present for the majority of the meeting, there was no quorum, and hence no voting was conducted. SBA President Prudence Fung began the meeting with her report. Starting by bringing up Governor Pataki's proposed tuition hike, Fung described in brief her presence at a meeting with Assemblyman Report has elevated UB Law to the second tier. This ranking is a tierabove the school's placement in last year's table, and was not affected by an editing error that caused therecall of the issue last week. Fung then stated that the deadlines for election petitions have been moved to March 26. Any law student interested in running for an SBA executive office has until March 26 to turn in the signatures of 10% of their class. Fung's report closed with a discussion of a proposed fax machine, to be placed in theLaw Review Office, and be accessible to SBA student groups. Dean Boyer's office has offered to purchase the machine, on the condition that installation and billing to be maintained by the SBA. This offer is problematic, however, in that the Law Review is not funded by the SBA. Further discussions will be at the next meeting, on March 31. Treasurer Bari Levant brought up two items of interest regarding finances. The first related the problems organizations are having getting their checks through the Office of Student Life. This problem will hopefully be addressed at the next University Counsel meeting. The second item dealt with illicit phone calls being made from the line of an SBA-fundedorganization. Apparently, See SBA, page 8. Outlaw Dinner Discussion Delves into Single Sex Marriage by Kirn Fanniff, Assistant News Editor E theme of celebration was echlghout the first annual Outlaw "he festivities were held March 1 at the University Inn. Kristin Long, president of Outlaw, opened the evening by remarking that the idea for the dinner began last semester when she and others realized that members of the gay community usually only come together in times of crisis. she spoke ofsame sex marriage she meant legal marriage as determinedby the state. Robson gave background on the issue of same sex marriage. Some scholars believe that one of the reasons the ERA did not pass is because of a fear it would spark same sex marriages. In the seventies, court cases for same sex marriages were brought under the premise of sexual discrimination. Those cases stated the clerk who failed to issue a marriage license to a same sex couple was wanted this dinner to be a recognition ofhow far we have come. We have a long way to gostillbut it is good to recognize our accomplishments," "The issue for the other 49 states then becomes whether or not to recognize marriages legally entered into in Hawaii," Robson said. Normally, if a couple gets married in one state andmoves to another they do not have to get remarried. The states did not have to worry recognizing the marriages because federal government stepped in and passed the Defense of Marriage Act (DOMA). DOMA does notrequire any state to recognize same sex marriages enin Hawaii. DOMA, Con"In a is appropriating gress rights. mantle of states Congress is invading state power; domestic relations have always been considered part of state law," Robson Kit fedinto Long said. *In Lewin 74 Haw. 530. his openremarks, Barry Robsonbelieves the Boyer praised the availability oflegal same Dean Boyer, Martha Ehman& Kristin Long. sex marriages would violating the Equal Protectionclause. The three problems: to make sure relacourts said this was not discrimination hips do not suffer,to allow gay cornbecause both men and women were being ties to be responsive to problems Dean work Outlaw has done. He said, "Year in and year out Outlaw's functions have been indicative of creativity and good grace. Outlaw protests have a strength of character, getting their message heard in a non-threatening way that makes people think." The keynote speaker CUNY Law professor Ruthann Robson spoke on "Gay andLesbian Marriage: Progress Toward Equity?". Robson began by stating when denied licenses. Some progress has been made in the courts since that time. In 1993, a trial court in Hawaii ruled unless a compelling state interest can be shown it is a denial of equal protection to fail to issue a marriage license to same sex couples. Baehr v. Ei See Outlaw, page 5. March 12, 1997 1Ls Testify Before NYS Assembly Committees by Kristin Grcclcy, News Editor Two weeks ago, two first year students had tin- opportunity to testify hetore NVS Assembly committees about the hotly contested issue of welfare reform. The story begins with Professor Frank Munger's Welfare Reform Bridge Course for first years. There were 25-30 students in the class, which addressed the history of the welfare system from its inception to the recent Personal Responsibility and Work Opportunity Act of Wiy'l was inspired and pleased\ W to be a part of a group of I students so committed to the \ I public interest and to have \ our academic research I \ applied to something so I \important." Kinda Sefari/ — 19%. These latest welfare reforms break down the oldAid to Families withDependent Children (AFDC) system, and gives block grants to states in order to revamp their welfare systems within certain Con- See Testimony, page 6. What is graffiti coming to? mm cjse HOSE I �FEATURES THE OPINION 2 March 12, 1997 BUFFALCHIPOS by Terrence McNamara Columnist Cardinal Joseph Bernadin of the Catholic Church died recently of a long, drawn-out fight with cancer. Before his death he was praised by many of his brethren for his courage, strength and humanity in dealing with his impending death. In an interview with him before he died he said something that struck me as odd. He said that, for all of his years of religious experience, through all of the meditation and prayer, he was still afraid to die. I thought this was odd because, of anyone in our society who should be equipped to face death, it should be someone who has spent their entire life contemplating God's mysteries, and the wonders and horrors of life itself. And then I could not make this mesh with my Church's "official" position on the ending of a human life. How could the other bishops and cardinals praise Cardinal Bernadin for his strength and courage, knowing that he wouldface a painful ending, and yet teach that an ordinary person, not nearly as psychologically well-equipped to deal with a pain-wracked ending, has no right to choose the method by which to end their own time on this Earth? Whether onebelieves that Christ was the literal Son of God, or simply understands the Biblical stories as one of the archetypes in theWestern Canon does not matter for what I say below. If we understand the story ofhis death, we see that he hi mselfhad a choice to face such a painful death, or to let it pass over him. That is what it means to believe in Free Will. He could be the savior of all of humanity only if he freely chose to die through the pain of crucifixion. And he could willingly face such pain only through his faith in his God. But what purpose is served by taking this lesson in the ultimate faith in God, and requiring that every person in our society must show such strength? This is, in es- I" sence, General require of ordinary human beings in his case to "He is asking that the law require people to face death, not on their own terms, but according to a standard offaith that is the penultimate archetype of self-sacrifice, and not the norm for human capabilities." ' before the Supreme Court. He is asking that the law require people to face death, not on their own terms, but according to a standard of faith that is the penultimate archetype of self-sacrifice, and not the norm for human capabilities. average person has not spent PlTie their own choosing. What Vacco is seeking is an unfair and unwarranted exertion of one's power over his fellow citizens. This nation was founded upon an idea ofnegative liberty, that which the state may not compel a citizen to do. I cannot see how the state has a compelling interest in requiring people to die painfully when it has become apparent that their endis near, when medicine can do nothing else but make that ending less degrading. It bor- contemplating death. The average person also does not have the financial resources of a 2,000 year-old institution to die in dignity and privacy in a place of ders on cruelty to force someone to watch their own dignity stripped away as they face theirfinal days in pain, only because those with the knowledge to take that pain away, the doctors and nurses, cannot legally help them in their time of greatest need. The state may indeed have a compelling interest in preventing a premature decision to take one's own life.But I think that the possibility of abuse is not great enough to prohibit a doctor's assistance in every case. The position that we are currently in is also unacceptable. If the polls are to be believed, a good deal of doctors and nurses in America have helped a patient die, regardless of the possible WHYHHESOMHHY STUDENTS SWITCHING TOPIEPERP Ask Them.. PIEPER THENEW YORKSTATEBAREXAM SPECIALIST! 1-800-635-6569 legal consequences, at least once over their career. They currently do so by prescribing a lethal amount of painkillers, and then turning a supposedly blind eye to the consequences of their actions. But they should be able to be present to attend to the needs ofthe dying during that actual process. They should not have to feign ignorance to what is assuredly coming. This dirty little secret of American medicine is wrong. Death is as natural a part of the human experience as is birth itself. If we are to progress as a society, we must not hide itbehind a closed door, but face it as adults, and come to terms with it. Whether it is legal or not, doctors and nurses will still seek to relieve the pain of the patients entrusted to their judgment, even when that means making available to the patients theability to end their own lives. That is their job; that is why they are the doctors and the nurses. We should make sure that legality is not a concern for them or for the dying when faced with such a decision. I V We want to hear what you have to say. Send a Letter to the Editor. We're located in Rm 7, basement 1 A A �NEWS/FEATURES March 12, 1997 THE OPINION 3 BRIEFS Across the US Scientists Produce Clones American arrested abroad hed Scientists in Oregon have produced monkeys from cloned embryos, the first time a species closely related to humans has been cloned, researchers said in inter- Each year more than 2,000 American citizens are arrested abroad-many ofthem for violating local laws regarding the use ofalcohol in public and the behavior asso- views Saturday. ciated with it. As the time approaches for spring/ summer breaks, many college students are getting ready for that long-planned trip abroad. For some, the trip will become a nightmare and they will end up in a foreign jail. The scientists useda technique similar to the one that Scottish researchers announced last week hadenabledthem to clone a sheep. Experts said the cloning success in Oregon, which has not yet been announced, adds to a growing body of evidence that there are no insurmountable barriers to creating multiple copies of human being. The two monkeys, born in August, were cloned from cells taken from embryos, not from an adult. This is a crucial difference between them and Dolly, the sheep cloned by the Scottish researchers. The cloned primates are not genetically identical to any adult monkey, an aspect of the sheep experiment thatraised a host of thorny ethical issues. "This is really an effort to see if we can create genetically identical monkeys for research, said Don Wolf, lead researcher at the Oregon Regional Primate Research Center. Far fewer of these " carbon-copy research animals will be needed in drugexperiments, for example, because their sameness would eliminate much of the genetic variability of such experiments," Wolf said. "Itwould allow you to ask questions with feweranimals." The same technique already hasbeen used to clone embryos in other species less closely related to humans. Scottish researcher lan Wilmut and his colleagues also used the technique to clone sheep embryos last year, an intermediate step to their successful cloning ofDolly from an adult. Aspects of the technique eventually could help infertile women, Wolf said. Shut Up, You're Driving! According to a study published recently in the New England Journal of Medicine, talking on a car phone quadruples the likelihood of getting into an accident. The study says that talking on a car phone is as dangerous as driving with the lowest legal limit of alcohol in your system. Stressful calls make accidents even more likely. Thirty-nine percent of those polled said that they used their car phone to call police after they had been in accidents. The study also showed that smoking or eatingwhile driving is only half as dangerous as talking on the phone. Curve That Hat If you're tired of looking like a dork because the bill of your baseball cap is flat, Boston entrepreneur Gregg Myles Levin has developed a product that is just for you. It's called the "Perfect Curve," and is a plastic mold that will shape your cap overnight. Just strap your cap into the mold and leave it overnight, and you, too, can have the ever-popular frat boy look. Levin is not just out to make a few bucks, mind you. He's really out to save theworldfrom nerdy flat bills. Says Levin, "Whether or not you buy a Perfect Curve, for God's sake put a curve in your cap." PerfectCurveretails at sporting goods stores and hat stores for just $9.95. - Many students will go to popular resort areas and overindulge in alcohol, assuming that because the atmosphere appears more "more laid-back than the States," such conduct will be overlooked by the local authorities. A number of students also assume that they are immune from prosecution in foreign lands because they are American citizens. The truth is that Americans are expected to obey all laws, and those who break foreign laws face severe penalties while abroad (remember Michael Fay?). In the past, American college students have been arrested for being intoxicated in public areas and for drunk driving, as well as various other violations. Once an American leaves U.S. soil, U.S. laws and constitutional rights no longer apply. U.S. consular officers can visit jailed Americans to see that they are being fairly and humanely treated, but cannot get them out of jail or intervene in a foreign country's legal system on their behalf. Princess Di Donates Wardrobe to Auction LaVallee joined the district attorney's office after graduating from the University at Buffalo in 1983. In announcing her appointment, Vacco praised Ms. LaVallee as "a respected, no-nonsense veteran prosecutor whose instincts and talents will help guide our efforts to achieve justice in capital cases." Lunch with Dean Boyer Rated Successful The brown bag lunch with Dean Boyer was a great success, according to 3L Jeff Stravino, who coordinated the event. About fifteen students attended the lunch, with each class almost equally represented. The lunch presented an open forum in which the students could voice their concerns, and Dean Boyer could update them on plans for the future and the state of the law school. Among the topics discussed were the fact that A&R is closed from 12-2 every day, transcript availability, the future of public interest law, updating the computer lab and scheduling offirst year classes. Dean Boyer discussed the budget cuts andthe phasing in of the new curriculum, as well as methods of fundraising. According to Stravino, the Dean was very positive and receptive to student ideas. The things that were discussed were little things, but when put together, equal unhappy students. "It's nice to feel like we're being heard," Stravino said. He added that he wouldlike to have anotherLunch withthe Dean, possibly later this spring. Law School Rankings re-done U.S. News and WorldReport pulled its March 10, 1997 book of graduate school rankings off of the newsstands because of a calculation error in its law school section. The pulled books are being replaced with revised copies. The miscalculation in the law school rankings occurred when two field descriptions were transposed in the database used to calculate the employment rates for 1995 law school graduates as of February 15, 1996. The numbers were reversed in the equations used, and the result was incorrect employment rates which led to law school misrankings. UB Law remained ranked in the second tier in the revised rankings. University of Maryland and the University of New Mexico fell from first tier to second tier ranking. Villanova and University of Cincinnati rose from the second tier to the first tier. University of Montana, University of Oklahoma, University of Pittsburgh, Syracuse University and University of Wyoming dropped from the second tier to the third tier while Chicago-Kent School ofLaw, University ofSouth Carolina and Wayne State University jumped into the second tier from the third tier. People who already purchased the old books are encouraged to call 1-800-836-6397, ext. 105, to receive the correct rankings. Copies of the revised tables can be obtainedthrough Fax-On-Demand at 1-800-685-4573, Access Code 123, Document #185. If you didn't snare one of Jackie's bibelots at auction, you've got another chance to rub vicarious shoulders with big time glamour. Last week in New York, Christie's gave specifics ofthe 80 cocktail and evening dresses Princess Diana has donatedfor a June 25 sale. Interest in these frocks, like the inkblue silk velvet number Diana wore while dancing with John Travolta at a 1985 White House dinner, is already intense. But be warned: you can't try on the dresses, andbecausethe princess's weight fluctuated over the years, they're of different sizes. The bidding will start at $5,000 with proceeds going to AIDS and cancer research. Even the catalogues are pricey, ranging from $60 to $2,000 for a purple leatherbound edition signed by her exHighness. Brown Baggin' It with Dean Boyeri - At Home Local News LaVallee to Head Vacco's Statewide Team Diane M. LaVallee, head of the Dis- trict Attorney's Sex Crimes Unit for the past five years, has been named by state Attorney General Dennis C. Vacco to head his statewide team that assists local prosecution in death penalty cases. Ms. LaVallee succeeds another Buffalo area prosecutor, George B. Quinlan, in the post. Quinlan was named earlier this year to headthe stateattorney general's Organized Crime Task Force. A longtime resident of Buffalo, Ms. (leftto right) 3L's JeffStravino, Jeremy Shulman, Michael Kotin, and David Pfalzgraph joinDeanßoyer (seated in the center) for lunch. Information for News Briefs came from various sources, including the Buffalo News and Newsweek. * �EDITORIAL THE OPINION 4 opinion ~ . __ es Founded 1949 „ XT Volume 37, No. 9 Jessica V. Murphy Tell us your opinion! _ Julie E. Meyer Managing Editor Editor-in-Chief If you have an opinion on anything published in our newspaper oron any current topic that concerns the law school community, write to The Opinion. Letters <o the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than events , w 12, Irtn March 1997 ~ March 12, 1997 STAFF . Ali submissions are due the Wednesday before we publish in the hotbox outside ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement ot O'Brian Hall. Room 7 Business Manager: Scott Bylewski News Editor: Kristin Greeley Features Editor: Michael SantaMaria Photography Editor: Sami Manirath Art Director: David Leone Layout Editor Rochelle Jackson SDFSDFSDF Assistant News Editor: Kirn Fanniff Senior Editor: Steven BachmannDietz The Opinionisa non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNV at Buffalo Amherst Campus,7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew Yorkat Buffalo School ofLaw. Copyright 19%by The Opinion, SBX Any reproduction ofmaterials herein is strictlyprohibited withoutthe express consentoftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions mayeither be mailed to The Opinion, or dropped offoutside of the Opinion office in thebasement of O'Brian Hall, Room 7. All copy must belyped, single-spaced, and submitted on paperand on a computer disk (IBM-WordPerfect5.1). Letters are best whenwritten as a part of a dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics ofinterest to the lawschool community and must be no more thantwo pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope isprovided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of The Opinion. LETTERS Expect Incompetance andPlan Accordingly EDITORIAL: The Annual Grading Gripe Pull up a chair. Let's chat about some late grades. Procrastination can be a good thing. Consider warfare: If the Framers of the Constitution hadn't pussy-footed around the issue of slavery when drafting the document, we wouldn't have had the Civil War, which means Gone With the Wind wouldnever havebeen written and a fine Selznick film would have never seen the light of the silver screen. If the United States hadn't waited solong to get into World War I, there would be a lot more French people running around. If we hadn't waited so long to pull out of Vietnam, there would be a lot less social dystopia for college students to get righteous about. In other words, thereare many times when a person can pragmatically sit back, quote the ever-annoying Pangloss from Candide, and say that it's "all for the best," even when "the best" has caused tremendous amounts of heartbreak, despair and Maloxx consumption. There is one time, however, when even those most adept at bass-ackwards rationalization are hard pressed to come up with a syllogism that justifies what's going on. Who are these adept people? Law students, of course. When do they quail at the notion of manufacturing some specious chain of events to explain away procrastination? When their damn grades are late. These days, it takes fifty seconds to heat up some coffee, two minutes for you to figure out ifyou're pregnant, and half an hour for CNN to give you the world. With a backdrop of all this time-crunching, you'd think affixing some weighted TO THE EDITOR: letters onto a blue-book over the course of a month wouldn'tbe that difficult a task. It might be just difficult—but not that difficult. If it is that difficult, we should re-arrange the deadlines for grades, so that students are not left waiting at the end of the semester, sitting on the metaphysical toilet of suspense without a magazine to read. Living, as we do, in a society where having to wait for something is grounds for a lawsuit (we could refocus the culpability here if the grades werebeing sent to BIRD via America Online), late grades for law students are simply unacceptable. Aside from the stress a late grade foists onto a student, there is an entire chain of occurrences triggered by a late grade that jeopardizes the student, his fellow students, and the reputation of the entire school. Grades are instrumental in acquiring jobs. Jobs are instrumental in acquiring prestige for the school. Pres- tige for the school keeps it alive, which means-there are jobs for professors who get grades in on time. Sloth isn't one of the seven deadlies without reason; killing time waiting kills more than time. It kills careers, it kills internships...it kills those cute little squirrels that try to cross the road under the wheels of seething, angst-ridden law students. Yes, it's a busy world, and good lord, looking at a towering stack of scrawled-upon blue books has got to be daunting. But the road to the fourth tier in the U.S. News law school ranking chart is paved with excuses. Procrastination is a blessing in assassination or nuclear war, but it's hell on the only other thingjust as littered with casualties: law school. It was nice to see the smiling happy faces doing the Murphy Macarena in the last edition of The Opinion. Unfortunately, those faces reminded me of an ugly lesson I learn over and over again — Expect Incompetence and plan accordingly. The happy faces inThe Opinion were celebrating their performance at a trial advocacy competition in New York City. The faces belonged to the students who were chosen to be there under an incom- petent system. As explained inThe Opinion article accompanying the picture, to qualify for membership on the advocacy team, the students had to receive an H in trial technique class and then try-out for a spot on the team. As it did just two years ago, the law school forgot students take trial technique in the Spring. The school neglected to inform such students who received the obligatory H in trial technique that they qualified to try-out. I say the "school" because I have not been able to determine exactly who is responsible. The Opinion article reported Ann Adams as the headof the trial technique program. I have left multiple messages for Ms. Adams, which she does not return, though her secretary informed me that Ms. Adams is still run- ning the trial technique program. Two years ago, UB graduate, Dave Adams, found out after the try-outs that he had been left out as a student whotook trial technique in the Spring. Torectify the situation, Marni Bogart, already chosen for the team, had to compete in a run-off against Dave to see which one should be on the team. Dave won and was able to compete. Marni was not happy with the run-off but at least all qualified students were considered for the team. This year, due to the later start of the semester, the competition was over before the school's incompetence was discovered. Qualified students were denied the opportunity to compete. When I took trial technique last Spring, I specifically had the trial advocacy competition in mind as motivation to earnan H. I expected that the person(s) in charge of the program would inform me when the try-outs would be. They never did. Let this be a warning to all second year students whoreceive an H this semester in trial technique. Remain vigilant next Fall and towards the end of the semester, start hounding anyone you know affiliated with the trial technique program (Ann Adams may be goneby then.). Do not rely on anyone to keep you informed. Expect incompetence and plan ac- cordingly. Catherine Nugent, 3L Corrections: to In the last issue of the Opinion... The corrections are printed below. We would lik' apologize to our Teaders for this incovenience. -- The SBA article was which titled SBA Meets for the First Time This Semester should have read SBA Has Second Officicial Meeting of the Semester. Student groupelections must be heldafter SBA E-board elections and before the budget hearings. 1L Brenda Torres has been working towards the installation of an on-campus phone in O'Brian Hall. There was no vote about givingremaining funds to BPILP. 2L Jennifer Berger was the BPILP member who contributed the BPILP fellowship experiences for the Opinion. �by THE OPINION NEWS/FEATURES March 12, 1997 5 COURT WATCH Steven Bachmann Dietz Columnist Suit Seeking Monetary Damages for Constitutional Violation Permitted On September 4,1992, a 77 year-old woman complained to police she was attacked at knifepoint in a houseoutside the SUNY College of Oneonta. The description the woman gave the police was not very specific. She said she was attacked by a black male. She further said that her attacker may have cut one of his hands during the attack. The college provided a list of every African American male student to state police and campus security. Every student on that list was interrogated and had their hands and arms inspected. When that failed to produce a suspect, state and local police conducted a five day "street sweep," in which every African American male that could be found in and around Oneonta was stopped, interrogated and inspected. Many of the subjects of this sweep were understandably upset that they were treated as suspects simply because they were black. They felt that the sweep was an unreasonable search and seizure and deprived them of the equal protection of the laws. They instituted a suit against the State ofNew York alleging that the sweep was racially motivated and violated their rights under the State and Federal Constitution. There was one problem. They instituted their suit in the Court of Claims and sought monetary damages. A claim of State of New York. New York sought to dismissthe claim on the grounds that it did not state a cause ofaction. The CourtofClaims agreed and granted thedismissal. TheCourt ofClaims held that constitutional torts were not cognizable in the Court of Claims, that claims ofviolationsof constitutionalrights were not cognizable in any state court absent a link to a traditional common law tort. It also held that the claim for negligent training andsupervision was not cog- nizable because the underlying harm did not constitute a cognizable claim and that the states could not be sued in state court for violations of the federal civil rights statute (42 USC 1981). On November 19,1996,the Court of Appeals modified the order, holding for thefirst time in its history thatthe Court of Claims had jurisdiction over claims alleging violations of the state Constitution. Judge Simons wrote the majority opinion (Brown v. State of New York 1996 WL 667933). Simons statedthat the Supreme Court has long permitted actions for damages for state actions that violate the rights guaranteed under the United States Constitution. Similar actions are onlypossible if the state waives its common law immunity from suit (sovereign immunity). Simons held that the state waived its sovereign immunity when it passed a law ... Dear Audrey Paphic this sort had never been successful in the area. There are indexeswhich rou calculate whether a lowerpaying i one city gives you more cash in than a higher paying job in another, has a copy of such an index in Room When employers ask you to submit "salary requirements" along with your resume, what exactly dothey want? Also, LAW PRACTICE: Salary; Ecowhat impact do prior salaries have on nomics). this? And, do I have to I* y°u decide on a specify these salaries? ISSIi" m M m^m- -tfmm I certain salary level, state ■^J^k.iJm^mMfg^' Signed, betterbe in linewithwhat First give me the employer had in the job, then we'll talk mind. Too high--you are out of the running. Too low-the employer may have second thoughts about your abilities. Dear First Give, Rather than list a number specific You must be apply($30,000), give a range ing for a non-legal job. ($25,000 -$45,000). "Salary requirements are When you know more not usually requested by about the job responsibilities and other legal employers" is a phrase more typical benefits, you can be more definite. To get in business and industry. the high end of your range, be prepared to When you come upon this phrase, quantify your value(e.g., previous experiyou need to do some homework. Find out ence, specialized skill, billables, rainmakwhat the usual salaries are for this type of ing potential). position and for the geographic location. Finally, if you are uncomfortable Start with trade newspapers, magazines about providing specific numbers, simply and professional organizations related to state that you would expect a competitive your prospective employment field. For salary for the type of position and level of example, The National Law Journal anresponsibility. nually publishes "What Lawyers Earn." The insert summarizes salaries for a full range of public and private legal career Doyou have a job question farAudrey.' options. Ifyou know someone whoknows If you do, please send if in to the someone in this line of work, get in touch Either e-mail your question to: with that individual and get a sense of the jvmurpby:@3csu. buffalo edu, drop a note outside the Opinion office or call theOpinmarket. : ion office al 645-2147. Keep in mind the cost of living for a ries •: amending the Court of Claims Act to mon law antecedents warranted a tort permit monetary damage claims for personal injury torts. Simons upheld thedismissal of the causes of action based upon violations of federal constitutional rights, because New York was not a "person" remedy for invasions of the rights they recognized, according to Simons. Imply- under § 1981. The waiver ofsovereign immunity is not, in itself, enough to authorize a cause of action against the state not based in common law. Since there was no en- abling statute (like 42 USC 1983 which authorizes suits for violations of § 1981) the authorization would have to be implied from the State Constitution. Simons found the following bases for finding that the State Constitution implied such authorization: authorization was appropriate in the furtheranceof the purpose ofthe Constitution's Equal Protection clause and ban on unreasonable searches and seizures. Simons also decidedthat courts have a duty to enforce constitutional provisions because they are worthwhile of protection on their own terms and that the authorization may be found by looking to common law antecedents ofthe Constitutional provisions. Simons held that both equal protection and the ban on unreasonable search and seizures found in the State Constitution were rooted in principles that were well established in the common law prior to the American Revolution. These com- ing a damage remedy also is consistent with the purposes underlying the duties imposed by the equal protectionand search and seizure provisions, he stated. Finally, Simons held that the other available remedies to constitutional violations, injunctive and declaratory relief, were not sufficient deterrents. Therefore, authorization for damage suits for violations ofthe State Constitution could be implied within it. "No government can sustain itself, much less flourish, unless its affirms and reinforces the fundamental values that define it by placing the moral and coercive powers of the State to define those values," Simons stated. "When the law immunizes official violations ofsubstantive rules because the cost or bother of doing otherwise is too great...the integrity of the rules and their underlying public values are called into question." Judge Bellacosa dissented. He argued that the State Constitution grants the legislature the responsibility to define the subject matter of the Court of Claims. Authorization for an expansion of the subject matter jurisdiction of that court See Courtwatch, page 8. OuilaWy cont'd from page L among themselves and to have more equality, For the issue ofrelationship suffering, Robson used the poignant example of th« story of Sharon Kowalsky and Karen Thompson. After Kowalsky was badly injured in a car accident, her parents were named guardians iastead of Thompson, who the court claimed had no legal relationship to Kowalsky. Kowalsky's parents denied Thompson any visits with her partner. Eventually, afteralawsuit andyears of suffering, Thompson was named guardian. However, this was not a true victory. The court claimed the only reason itnamed Thompson gwardian was because no one else wanted the job. If Kowalsky and Thompson's relationship had been legally recognizable from the beginning there would have been much less turmoil. Recognition of same sex marriages SDFSDFDS wouldalso allow homosexual couples to avail themselves of the same benefits heterosexual couples have. Currently same sex couples cannot get tax breaks, sue fox wrongful death [of a partner], or share in each other's insurance benefits. Homosexuals would also like rights as against each other. "Not all gay relationships last forever, just like heterosexual relationships. We want theright to sue for custody and property. Because the legal system has rules for exclusion, gay couples are suffering by comparison to heterosexuals," Robson declared. Robson suggested the abolition of legal marriage would accomplish these goals as well, and would "prevent the state from using marriage as a conduit to its own ends." Robson closedby saying, "Same sex marriage is an opportunity to challenge the status of state imposition on the intimate relations of the governed." �THE OPINION 6 NEWS/FEATURES March 12, 1997 Law Students work with student groups to educate community about date rape by Kristin Greeley, NewsEditor The Student Union Theater was nearly full of students who wanted to witness the case of People v. Tom Smith last Monday night. Smith was "charged" with first degree rape. This mock date rape trial was sponsored by the Anti-Rape Task Force, the Health and Human Services Department, Group Legal Services and the Linda Yalem Memorial Run. It was intended as an educational means ofshowing what may happen in a case of sexual assault. Erie County Court Judge Hon. Sheila DiTullio presided over the trial. A jury was randomly selected from the audience. Anti-Rape Task force president Danielle Licitra told the audience that the procedure of the trial wouldcloselyresemble that of a real trial, and that the outcome had not been predetermined. Participants in the "case" included Nathan VanLoon as the defense attor2L Wilfred ney, 3L Anigekwu as an assistant defense attorney and 3L Tom Schleif as prosecutor. Also participating in the trial were undergraduates Jessica Walters, Stacy and Chris Spicer. Walters is a counselor withthe Rape Crisis Center. Stewart, Spicer, and Frank the night of January 16. During the course of the night, she met Smith (Flansberg), and talked and danced with him most ofthe evening. When her friends decided to go home, she wanted to stay with Smith. Smith agreed to take her home later. Instead oftaking her home, however, the two went to Smith's house. Fhere, they had something to eat, then went to bedroom, Smith's rhings turned physical, md Green testified that she said "no" to Smith several times, but that he did not listen. Smith al2L Nathan Van Loon addresses the student jury. leged that she originally intern at the Sex Education Center. said "no," but later consented to sex. To complicate matters, it was disFlansberg is an ARTF Coordinator. Lt. David Mann of the Sex Offense Squad of covered that Green's roommate, Chasthe Buffalo Police played the role of the tity Stewart (Stewart), had dated Smith for three months about a year ago. investigating officer. The facts of the case were similar to Stewart was at the bar with Green that a typical situation that might result in a date rape. The victim, Kelly Green Smith and his roommate, Chris (Frank), was at a bar with some friends on Spicer (Spicer), testified that Stewart has harassed Smith since he broke off the relationship last December. Stewart allegedly called Smith repeatedly, waited for him outside his house, and left notes on his front door. Frank gave very emotional testimony as the victim. Folllowing the charge by JudgeDiTullio, thejury deliberatedfor about fifteen minutes. They returned a verdict of not guilty. Licitra said she got the idea for a mock trialby calling similarorganizations at other colleges and universities for ideas. Perm State University has a similar program each year. Her supervisor liked the idea, and she began planning it in October. After the "trial," Judge DiTullio said thatshe thought it was "fairly realistic. "She also noted that until the early 1980s, a victim had to show "earnest resistance," meaning physical resistance, in order to prevail. A special unit in the Erie County DistrictAttorney's officeprovides victims with emotional counseling and ensures that only one prosecutor works on any one case from start to finish, DiTullio said. According to her, the conviction rate for sex crimes in Erie County is 92%. Frank. Chastity Stewart. David Flansbere "Outside of the killings, Washington has one of the lowest crime rates in the country. " Marion Barry, former mayor of Washington, D.C. Prof. Robson Speaks on Class and Sexuality by Kristin Greeley, News Editor In anticipation of her appearance at "A Work in Progress: Justice for Lesbians and Gay Men," Professor Ruthann Robson spoke before a groupof students last Friday on the topic of Class and Sexuality. Professor Robson is a professor of Law at CUNY Law School. She is the author of eight books, and is one of the foremost scholars on lesbians and the law. Her lecture was based on a chapter from her baokSappho goestoLaw School. Professor Robson began by saying that the issue of class often gets marginalized in the lesbianand gay community. Her definition of "class" includes both economic status as a social marker and economic relations and participation in a market economy. Using an example of someone being passed over for a job because of the clothes they wore to an interview, Professor Robson posited that class discriminationis often not considered real discrimination. In these situations, the response typically consists of advice to the target of discrimination, not outrage or recognition of the discrimination itself. Robson suggested that there should be a cause ofaction for class discrimination, as well as already recognized forms of discrimination. Otherwise, she said, class discrimination becomes accepted. According to Robson, this relates to the lesbian community in that lesbians are often concerned with being the "right kind" of lesbian. The "right kind" of lesbian is that which has been deemed appropriate by the mass media. Thus, in this "commodification" oflesbianism, lesbianism becomes something that can be bought or sold. The purchase of certain products becomes political progress. The problems that arise from commodification include the failure to address the policies of the "new right" and the compromising of new legal reforms. According to Robson, it is not simply enough to have sex-orientation discrimination policies, "We must also not perceive justiceas only for those who can purchase it." "We should be thinking about what it is we really want to do rather than thinking that buying things is enough," said Robson. Looking for a wayto i express yourself?] Join The Opinion! W ? 're open to all forms of \ expressions.. . / Testimony, cont'dfrom page 1 grcsMonal guidelines. At the end of the course, the students hadto write a 10-15pagepaper on any provision ofthe newlaw and how it would affect a certain group of people. They were also requi red to writea mock legislative memo about the law. 1LKinda Serafi describesthe class as "very intense, passionate and closeknit...the policy views in the class were veTy diverse, but we were supportive of all of them." About a weekafter the class ended, Serafi found out that the Chairs of the New York State Assembly's Ways and Means Committee (Herman D. Farrell, Jr.), Standing Committe on Children and Families (Roger L. Green) and Assemblyman Sam Hoyt, D-Buffalo, would be in townto hear open testimony about how the law would affect citizens. Serafi decided to organize a group of students to testify. Originally, about 15-20 students were scheduled to attend, but the day before the testimony, Serafi was notified that they would orrly be given a total ofeight minutes for ora} testimony. Ultimately, 12 students attended. Ten submitted writen testi- V J I tnony and two gave oral testimony. The twelve students who attended Stephanie Minei, James Ross, Kinda Serafi, Mindy Maranca, Mike Chmiei, Toni Frain, Wilfredo Tellado, Joanne Wong, Denis Uminski, Corrinne Carey and Micheie Sterlace-Accorsi. Stephanie Miner gave oral tesimony on the issue ofchild care allocations and the workrequirement. James Ross gave testimony about the barriers to higher education because of the work requirement and the effects ofthe law on legal immiweie: grants. The UB students w,re among the first to testify as members of the local legal community. Their testimony followed that of James M. Morrisey, Esq., Director of the Western New York Law Center. Morrisey had lectured during their class and helped organize their testimony. "I was inspired and pleased to be a part of a group ofstudents socommitted to the public interest and to have our academic research applied to something so important," Serafi said. The Opinion staff wishes you a safe and relaxing 1 J �NEWS/FEATURES March 12, 1997 THE OPINION Financial Aid Woes not Due to Late Grades . WITH BUTTER EXTRA hy KriX&tw, &&&,? and Sctrtt Frycek, Features Writers by Julie Meyer, Managing Editor Fools Rush In Rating Legend 4 gavels A must See 3 gavels Why Not? 2 gavels Nan! 1 gavel-No Way! -- Hers This long distance dedication goes Friends star Matthew Perry... "so no one told you life was gonna be this way, your job's a joke, your broke, your MOVIE CAREER'S DOA!" It takes a great actor to make the leap from TV to feature films, guess what?Matthew Perry isn't one ofthem. His recent attempt at movie stardom, Fools Rush In, is as sad as Ross and Rachel's break-up. The plot ofthis movie is, for lack of a better word, dumb. Alex, played by MatthewPerry, is awealthy work-a-holic that meets the love of his life while waiting in line to use a uni-sex bathroom. Isabella, played by some random chick, is a spicy Las Vegas photographer with a stereotypical protective mexican family. Quite predictably, one night of lust turns into the romance of the century for Alex giggle everytime she was on the screen (unfortunately this wasn't often). Other than that, the sound track was cool and I really enjoyed the previews. Heed my advice, you're better off watching two straight hours of Friends then suffering through Fools Rush In. Rating: 1 1/2 Gavels outto and Isabella when they find out more than just love was made that night. Okay, there were some good points this movie. For example, the actress that played Isabella's sarcastic andbitter to friend Lanie, was a riot. She made me His If there truly are signs everywhere, where were they before I decided to see this movie. Signs like "Caution: this film has been done before", "Warning: these people cannot act", or "Stop and save your money" would have been extremely helpful. Simply put, "Fools Rush In" is a generic, fluffy, lame-ass attempt at a romantic movie. The title more accurately describes its audience members rather than its characters. The biggest problem with "Fools" is that the main premise of the movie had been done to death. The idea of two people from different cultures brought together by fate is tired and pathetic. If that wasn't bad enough, the actors por- 7 traying these characters lack any semblance of chemistry between the two of them. At the very least, the producers could have provided us with actors who can really heat up the big screen. To make matters even worse, these "thespians" cannot even act. Although Selma Hayek is hotter than hell, she has a real problem delivering her lines with the type of emotional intensity required for the role. Matthew Perry either comes off as either uncomfortable or really bored. If he has plans of one day being rescued from the cast of"Friends", he' d better be a little more selective in the roles he selects. In the end,"Fools Rush In" is a weird hybrid of "I Love Lucy" and "While You Were Sleeping". Any humor that is derived from the various cultural nuances among the characters is buried by the combination of a predictable plot and really bad acting. If this review hasn't convinced you already, I think itwould be extremely "foolish" to waste your money on this one. Rating: 1/2 Gavel Rumors have been circulating throughout the school regarding possible financial aid problems due to professors turning in grades late. TAPandSUSTA grants are based on students completing at least twelve credits each semester. Since some professors have yetto turn in their grades from the Fall semester, students feared that UB could withhold transcripts or prevent them from registering for future semesters if late grades prevented them from completing the required twelve credit hours. However, Karen Waltz, Assistant Dean for Student Services and Registrar, states that only those students who received extensions to complete any class work or who registered for less thantwelve hours last semester will have problems with their TAP and SUSTA gTants. All other such grants have been restored despite any late grades and this fact should have appeared on the last bill. If students owe any money other than TAP or SUSTA, their accounts are checkstopped and they will not be able to receive transcripts or register for this current semester. Such accounts do not arise from late grades unless the grades result from work not being completed in a previous semester. Students will not be penalized forprofessors turning i n grades late. However, they must plan ahead for any incomplete grades that cause their tolal number ofcompleted credits to drop below the required twelve hours. • FREE admission to all Law Student Council programs • FREE admission to NYSBA'sAnnual Meeting • FOUR publications: The Council Reporter | The State Bar News The NewYork State Bar Journal New York Law Digest • Discounts on most of TWENTY specialty interest sections • Awards & competitions for legal writing advocacy and research • Discounts on continuing legal education and practical skills seminars • Choice of insurance plans • Skill & management advice from the Law Office Economics & Management Dept. • • Guidance on pro bono opportunities Professional and personal money-saving discounts To reach success by phone call 518.487.5577 TO REACH SUCCESS BY MAIL SEND THE COUPON Ten dollars. That's all it costs to be part of one of the best networking resources you'll ever have now and throughout your legal career — the New York State Bar Association. , Ten dollars to be in the same association with some of the most powerful forces in the legal profession. _ Ten dollars . to be in on the Law Student Council's professional and social programs, and to run with your peers who are on the fast track to becoming the stars of tomorrow. ' Join now and You can make more contacts in less time for less money than many other sources available to you. NYSBA's membership has always included the leading lights of the legal profession, and 1997 is no exception. Tirt* Membership Department New York State Bar Association One Elk Street, Albany, NY 12207 I NAME STREET I ■ CITY ""ZIP STATE LAW SCHOOL GRADUATION DATE DATE OF BIRTH PHONE NUMBER ~~ bum, vv Ybrk State Bar Association nvsha | �THE OPINION 8 NEWS/FEATURES March 12, 1997 BPILP Auction Brings In $7000 SBA, continuedfrom p. 8. Over 200 show support for the student group name and group were unspecified, made by Jessica Murphy, Editor-in-Chief The Buffalo Public Interest Law Program (BPILP) annual auction raised over $9000 between ticket sales and donations this past Saturday night. BPILP hosted over 200 guests at the Calumet Arts Cafe to raise money for its Fellowship Program. The BPILP FellowshipProgram provides fundsfor a number of UB Law students, enabling them to work in traditionally volunteer public interest summer jobs. Last summer, BPILP provided thirteen students with $2000 each. 2LTheresa Cusimano and2L Kristen Nowaldy planned the entire auction with help from BPILP members. Cusimano suggested last year that BPILP have an auction in the first place. Last year's auction raised $3500. 2L Scan O'Buckley acted as Auctioneer throughout the evening, making jokesand making money for the group. Both Cusimano and Nowaldy were excited by the "fantastic turn-out on such a bittercold Buffalo evening. Our second annual auction doubled in size, tripled in items available for bid and doubled in terms of profit." The goal of the auction was not only to raise funds for its fellowship program butalso to start a campus tradition ".. .where students, faculty, staff, alumni and members of the legal community could come together under the UB School of Law umbrella," said Cusimano and Nowaldy. O' Buckley said, "I was honored to be invited to be a part of such a spectacular event. All of the BPILP members, especially Kristen Nowaldy and Theresa Cusimano, should be commended for working so hard to make the Auction a success. BPILP is an example for every student organization." Student, faculty and staffreaction to this event was more than positive. 3L Jim Gerlach said, "The turn-out was impressive. It was especially encouraging to see the large number of faculty who donated goods and services for the auction as well as the number who showed up to bid on items." 2L Brigid Lyons said, "Supporting a great cause has never been so much fun! The entire event was elegant-great music, great food and wonderful things to bid on. I can't wait to go back for more next year." Professor Oren Zeve, "It was a great social event. I had an opportunity to talk to students I don't see very often." Dean Alan Carrel, "The Law School owes a debt ofthanks to Theresa Cusimano, Kristen Nowaldy and everyone else who did such a spectacular job organizing the auction. Countless hours were obviously spent planning, coordinating and implementing every detail to create such a successful evening. It was wonderful to see a member of a student group, whose faculty, students, alumni and friends of the law school enjoying each other's company for such a worthwhile purpose." BPILP has undergone radical changes in the last two years. Before 3L Leslie Platt took over the organization last year, BPILP hadbeen funded by the Law School and run by graduate student assistants. Last year marked BPILP's first year as a totally student run organization. The auction was begun last year to raise funds. Top bids forthe auctionwent to the West Bar Review Courses, which garnered $500 each. Soyata Computers donated a 486sx harddrive and monitor, which earned BPILP another $410. 2L Eileen Duggan paid $125 for Professor LucindaFinley'sSc/jenciv. Pro-Choice Network Supreme Court briefand handmade feather quill pen. 2L Leila Hilal and friends paid $230 for a winetasting hosted by Professor Lucinda Finley. In total, BPLIP cleared $7000 from donationsalone, and ticketsales brought in $2100 which covered the cost of the Calumet Cafe bill. BPILPs Interest on Lawyer's Account Grant raised over $9000 dollars this year, and BPILP's phone-a-thon raised $4000. BPILP Fellowship Applications are presently available in the CDO through March 26th. Completed applications may be dropped off in the CDO and are several phone calls, resulting in charges of$23 to last month' s bill. Those charges were subsequently paid off by the student. This month, however, $17of additional charges wereaccrued by thatsame individual. Sanctions, if any, are undetermined at the present time. The Facilities Committee then gave a detailed report on the development of the new O'Brian studentlounge, planned to be open to law students only in at the beginning ofthe next Fall semester. An anonymous alumnus has offered to underwrite the refurbishing of the firstfloorlounge; the snack machines will be moved out, and an interior decorator will be hired to give the room a "classy, traditional" look; The Facilities Committee has also gotten approval for six signs to bear the name of the law school at various parts of the interior of the building. Plans for an exterior sign are waiting for the review of the University at large. IL, Brenda Torres then made several suggestions for the role of the SBA in the future. Her first thought was that the SBA should take an active role in helpingprospective students tour SUN V Law and decide to attend the school; She then suggested that theSBA adopt a large, traditional endeavorwithwhich to bolster itsreputation at the law school,a scholarship or donation. The meeting adjourned at 6:55 pm. due on March 26th. The UB Law Review hosted the Cyber-Law Conference this past weekend. It was a smashing success. Look to next issue for the details. Barrister's Ball 1997 —More to come next issue! Courtwatch, continued from page 5. must be expressed,not implied, hestated. In Bellacosa's view, the state has never surrendered its sovereign immunity against constitutional tort claims except where they have a traditional tort law equivalent (such as assault, false arrest or malicious prosecution). Beliacosa contended that the majority opinion failed to recognize the profound differences between constitutional torts and common law torts. He denied that constitutional torts were equivalent to, or derived their essential nature from any common law tort, precluding the Court from using conventional tort theory to resolve the subject matter jurisdiction and sovereign immunity issues without legislative authorization. Beliacosa also stated that the majority wrongly permitted the State to be sued vicariously for the actions of its employees in violation of MoneH v Department of Social Services of the Qtyo(NewYpfk436 U.S. 658. Simons responded in his majority opinion that - such violations are already authorized by statute and that Monell was inapposite, because that case involved interpretation ofthefederal statute enabling civilrights suits (§ 1983). Beliacosa also statedthatthere were adequate remedies in the stateCivilRights laws and that there would be little deterrent value in holding the state, rather than the officers themselves, liable. Even if the need of a private damages remedy was established, this "does not warrant the conferral of subject matter jurisdiction over such a claim in a court of limited, special powers," Bellacosa stated. The Court of Appeals in its holding the Brown case, granted citizens anin other weapon to enforce their rights under the state Constitution. More importantly, it is yet another step away from repudiated view that the "state can do no wrong" that is the theoretical underpinning of the sovereign immunity theory. Two 3L 's strike a pose. 2L's enjoying friends and fun. Editor's Note: Due to a film exposure accident, most of our pictures ofthe Barrister's Ball were never a reality. However, ifyou have a GREATpicture you'd like to submit for a photo spread in the next issue, please drop off a NEGATIVE (color is fine) by 3/24/97 in the basement ofO'Brian Hall, Room 7. We'll return the negative to you. Please also include your name and your box number, as well as which picture you'd like for us to print. THANKS' �March 12, 1997 FEATURES THE OPINION BPILP AUCTION ACTION! 9 �THE OPINION PUBLIC SERVICE ANNOUNCEMENT pi* ' BKfc:-:-:':: :-:':-i5qBHK '"^BHBfifljgßoij"*" HHIUiIG »■*■-■- '■ : HHR:::-:-,:y,: ::3g8«T-, "My ' :-^»afll driving a motorcycle when he was hit by and killed. In the hospital was the most difficult time son, a car -'' ' "■...-; Daku, , of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone in making the decision to donate C\yfjslVl his organs and tissues. Every day I tell people, talk it over. Don't "■^^■^^^■^L™^^,^^, be afraid." For your free brochure Share your Share your dedsion about organ and tissue donation, (Sine! call 1-800-355-SHARE. Coalition on Donation \^l&*^ ' " f!Wi - 10 Photo by Gregory Heisler March 12, 1997 �March 12, 1997 PUBLIC SERVICE ANNOUNCEMENT THE OPINION 1 I I I Wβ- I I wmm 9 Bel - OG|Rv! .'X h ■■ ',■•:";-.:/: W ■ - %ss&& .. li' -'yvv β^be I ■ I Nw&iffi!&u< V , B '' ■■ -_-.'.' .■.■ *-. ■ . ■ ■ ■ '.'.-.'-'.'.'.'.'.'.'.'.■ ■.■ . n .■ ,■ , p^pft. ■!■'■!'»;-!-1 ,-. 9BE I;:;:.-: : :.V:;:>;:::: : . . -;..-x " IB ■' Talking with a friend who's being beaten up by her husband will never be easy. We understand that you want to say just the right thing, in just the right way. If you need help finding the right words, call 1-800-END ABUSE and we'll send you useful information and suggestions. Whatever you do, however, don't wait too long to offer her your help. At least one out of every three murdered women is killed by her husband or boyfriend. So your friend might not have the luxury of time. RHfiß < , T" for Domestic Violence. (Sincfl 4 ... * 1 ... 1 Prevention Fund �12 I I I ADVERTISEMENT THE OPINION March 12, 1997 Did you know that... more than 225 BUFFALO LAW GRADUATES BAR/BRI I I I I February & July 1996 New York Bar Exams I I I I I I Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. I I I I Buffalo Law's #1 Choice for Bar Review I I I I I I to prepare them for the (bwdbri BAR REVIEW Trust die POWER OF EXPERIENCE™ to Work for You I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/992b3d786ce64611666b3af83e6cc64d.pdf b34e2bf1ef73ba4ddb6aab456328bdf6 PDF Text Text J J NEWS ■' * in'tNothi Special That .-. Huddy Said, page ?. FEATURES I Pataki and Boone, I gether at Last page L To- y Bringing tears to the student's eyes since Cardozo was in diapers THE ONION Millenium, No. 00 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW , "Right To Die' Surprisingly Popular with Judges by STEVEN WATCHEM DIE Senior Citizens Editor Ever since two Circuit Courts upheld the right to die, there has been a flood of litigation regarding the scope of this new right. One of the most fundamental questions to beanswered is whopossesses this right. District courtjudges around thecountry have been surprisingly eager to step into this judicial breach. The first ruling came from the Southern District of New York, where a district court judge, in the all have the right to die! And I'll be happy This gavel is solid oak and I know how to use it!" Despite being carried out in a straightjacket and being unaminously reversed by the Second Circuit, this judge apparently touched a chord withFederal judgesaround the country. A legal firestorm soon swept the nation. A judge from the Southern District of California ruled that everyone connected with the motionpicture Striptease had the right to die. "While we're at it, let's throw in The Scarlet Letter as well. Demi Moore deserves to die twice for her so-called acting," he said. A judge from the Western District of You know what I think? I thinkyou all have the right to die. And I'll be happy to grant it to the next person who tries to tell me what the intentwas... " District Court - Judge middle of the 40th day of testimony in a particularly acrimonious breach of con- tract trial suddenly brought the proceedings to a halt by blurting out "You know what I think? I think you to grant it to the next person who tries to tell me what the intent of the parties was! See Slow and Painful, page 2 Apocalypse NOW! by Tola Lee Disgusted, Bureaucratic Correspondent Boyer. ready to install the technology required," said the president, explaining that the electro-shock invisible fencing she had looked into, which would react to chips implanted in the heads of undergrade, was just "too expensive" at the present time. "However," Prudent One concluded, "we might consider having a bake sale, to show the Administration we're In conjunction with a sighting of the Four Horseman of the Apocalypse, the Student Bar Association convened with quorum this past Monday night, simultaneously assuring that financial matters could be voted upon, and that the Apocalypse was finally on its way. "I don't know how Newsweek will handle this situation with the horses," said 2L representative Vanderloon, "but I do know that, with this school having initiated Armageddon, I'm a little worried about our standing in the next U.S. News and World Report law school rankings." Other representatives declined to comment on having opened a dimensional door to War, Pestilence, Famine / / report. "Well, first off, 1 wanted you all to know I spoke with President Clinton this week, and he seems really enthusiastic about my idearegarding hiring work-study undergrade to help law students with typing, proofreading, and housecleaning," said the SBA President, The Prudent One. Next, the president reported that another pet project, designed to discourage undergrade from congregating in the Law School, has gotten the kabosh from Dean V\ student. I have a lot on my mind. I don t pay tuition here so I can hob-nob with a bunch of English majors and Engineering students—" It was obvious the representative would have continued, but the president cut her off, saying, "Yes, I'm sure we all agree. The matter bears looking into. Moving 0n...." The president concluded her report by saying she had coordinated a blood drive where kids could vote about whether or not to change the UB Law grading system while a DJ provided music and she gave a speech "You know, that X. decrying tuition raises, mandatory might be a positive move athletic fees for law students, and for us. If executive board Apartheid. The meeting then moved vice president's report. members had ■ to theThe veep began as usual, saybarcaloungers, more ing, "Well, I really have nothing to report. But I do have something to people would run for say. Ifthe president wasn't so @@#$ those offices, and there efficient that it gave me a complex, would be more interest in maybe I'd do something around here. That's it. Have #$%% nice day." the SBA in general. Next came the financial report /? and Death. Despite the scent ofhorse scat wafting up through the vents, the meeting began promptly at 6:47 PM (the "scheduled" time of 6:30 seen on posters is actually an encrypted code that can be cracked only with a special Bar/Briring). First on the agenda was the president's "The Administration just isn't \ \ i / n^ y / serious about this." At this point, a 1L rep interrupted, saying, "Why can't we just have armed guards around the main entrances? I'm sure people would be willing to volunteer. This is our school after all. It's not like I ever go to the student union, the bookstore, the computer center, the athletic facilities, other bathrooms on campus, or the parking lots. And since I don't do any of that, I don't want any of those pesky undergrads in my building. I'm a law from the treasurer, who mentioned that whilethe SBAwas at least $2,000 in the red, she thought the budget could be stretched to buy "Magic Fingers" barcaloungers for members of the executive board. When a 2L rep asked the treasurer whatcabalistic calculations made this possible, the treasurer smiled sweetly See Barcalounger Cowboys, page 2. April 1, 1997 Pataki Grants Full Aid Restoration to SUNY System by Chipoff Theold Blocke, Political Snitch I n a recent, exclusive interview with Governor George Pataki at the Lionheart Tavern on Lark Street in downtown Albany, he confided to The Onion that he has had a great change ofheart since his recent car accident. "When my good friend Pat Boone came to see me in the hospital, I said to myself, 'Hell! If he can have a change of heart, then so can I! I think that my administration would find that young people really know what's going on out there, if I could only get them to take the time to listen!'" The Governor and the highly acclaimed 1950's Ladies' Man/ Crooner reportedly slipped out of the hospital together arm-in-arm to catch the alternative bands Marilyn Manson and Tool in that night's show on the SUNY Albany campus. "What an uplifting, positive group of people! It'sbeen a long time sinceI've heard such heart-felt, spiritual music!" the Governor told us. "I really like that black leather and makeup look that Marilyn's got going on. If only I could pull it off in front of my campaign contributors... What do you think? Would it make me look fat?" "Y'know, I think SUNY's been cut too deeply overthepast few years.There's really no way that they can meet their mission of teaching the lower classes good Democratic values unlessl put back some ofthe fundsthat my people have cut in the past few budgets. We can never have too many social workers," George confided midway through the sixth double gin and tonic. George then proceeded to drop us a bullet sheet listing his major initiatives for SUNY for the next few years. His Number One Priority before the end of the decade was a cohesive Task Force on Environmental Concerns between ÜB's Law and Medical Schools. By linking the effects of residential and industrial expansion into the state's virgin lands, and its damage upon children and wildlife, George hopes to make his legacy to the state through successful litigation against "wanton industrialist swine." "Screw my contributors at GE! See Leather 'n' Lace, page 2 �THE OPINION 2 Barcalounger Cowboys, Continued from page 1. and responded, "Oh, please don't make me do math—l'm just a girl." Responding to the barcalounger suggestion, the same 1Lrep who wanted to stuff itinerant undergrads with hot lead leapt into the discussion again, this time to laud the treasurer's idea. "You know, that might be a positive move for us. If executive board members had barcaloungers, more people would run for those offices, and there would be more interest in the SBA in general. I mean, we do all this stuff, most of which I can't recall at the moment, and we don't get any credit or perks for it, except the ability to put our membership down on a resume and access to an office with an outside line, a copier, and a computer. Oh, by the way, could you all sign my candidate sheet for-" It was obvious that the representative would have continued, but the treasurer cut her off, saying, "Yes, well, thanks for the support. That's about it for my report." The parliamentarian Peter PeO'Brian was next. "Okay, since we have enough people, we have a serious backlog of issues that we need to vote on tonight. First and foremost: who thinks we should have pizza at the next meeting?" The president then conducted the voting: "All in favor of discussingthis issue, 'aye." say The SBA masses then proceeded to make life difficult for her: "Wait a minute, do we really need to vote on this? I mean, who doesn't like pizza?" "Yeah, but whereare we going to get it from? There are ethical considerations to talk about." "Hey. I hate pizza. Let's get Chi- nese." "If the Apocalypse is really coming, I say we get fugu. I mean, what the hell?" "What's fugu?" "Your mother." "Are we voting?" And so on. This continued for quite some time, until the decision was made to order pizza for the next meeting, with a side order of nachos and wings, in order to placate an SBA faction who had threatened to filibuster until their needs were met. The president then tried to close the meeting, but the SBA-cheerleader 1L rep interrupted her. "You know, I think it's a good thing that we're getting pizza. We work hard at this job, and we deserve it. But I was thinking, maybe we should just go out to dinner, instead. I know this place-" It was obvious the representative would have continued, but everyone cut her off. The meeting concluded at 10:59 the next morning, and not much of any- FEATURES April 2, 1997 Slow and Painful, cont'd from page 1. Washington held that all the members of the rock bands Bush, Stone Temple Pilots and Silverchair all had the right to die. "I used to be proud to say that I come from Seattle, the home of grunge," he said. "I used to be able to brag to my colleagues about how I turned down a clerkship with a prominent Seattle finn so 1 could be a roadie for Soundgarten. Now withall theseNirvana and Pearl Jam knockoffs cluttering the airwaves, the; only thing Seattle has to boast of is a national chain of pretentious, overpriced coffeehouses." The 10th Circuit modified the decision, adding Marilyn Manson to the list. Although the Florida shock rocker's music does not imitate the early 90's grunge sound, the panel, sitting en bane found his music "just plain annoying. We're only doing to him what he did to the Eurythmic's 'Sweet Dreams'." A |udge from the District Court of Mississippi soon after held that the cast, crew, writers and "everyone who has a remote connection with the showBarney has the right to die. Did you ever watch it? It's cvii!" the judge said. A judge from the Northern District of California held that "the next lawyer who walks into my courtroom in Birkenstocks definitely has the right to die." A judge from the Southern District of Wisconson ruled that "whoever came up with the Macarcna has the right to die. The chicken dance was humiliating enough." A spokesperson for the American CivilLiberties Union, asked to comment on these rulings said, "While we have consistently opposed capital punishment, it is our position that the decision concerning what manner in which ones own life ends inheres in theright to privacy. If theright to privacy is to be protected, we must be willing to support those decisions. For example, should Chief Justice Rehnquist and Justices Scalia and Thomas decide to end their lives in a suicide pact, we would certainly support their right to do so." A judge from theWestern District of New York just yesterday held that memibers ofthe law review who cannot even manage to gettheir associate articles published, yet use the law school newspaper to pontificate on the law and hold themselves out as legal experts have the oops -- gotta go. HELP!!!!!!!!!!! / need 150 tickets for graduation. Anyone who is willing to scalp them to me for an absurd amount, please let me know. Nary A. Klue, Box 990 or NAKLU@acsu thing got done at all. Leather fn' Lace, cont'dfrom page 1. To hell with Niagara Mohawk and the of the utilities! When's the last time THEY came to see me in the hospital?! What we need is a clean environment, and more room for the deer! The IDA's have got to go, especially those moneyhungry bastards in Amherst! Don't they rest realize that we're running out of farmland?! Don't they care that the cities in the state are falling apart because they're bleeding them dry with tax breaks for the rich?! Don't they realize there's deer out there starving?!" When he saw the puzzled looks on our faces, he quicklyadded, "Think about it. I can get the Bar Association to support these efforts this year. Those pigs owe me! One good settlementagainst General Electric, UB Law gets a third, and BPLIP gets funding for the next thirty years. No more damned auctions! You kids should be concentrating on your studies, not wondering where's the money!" George's secondinitiative dealtwith the new federal welfare regulations. He hopes to find positions for many of the current recipients who will be cut off over the next few months in SUNY administrative and grounds support positions. "Think about the effect this would have on the campuses. We could improve financial aid possibilities for the students fivefold! Put thesepeople to workfinding new resources from the federal government to cover everybody's tuition, so nobody has to make an appointment two months in advance to see their financial aid counselors. That'll show Newt and the rest of those bastards! Take money from my state in one place, will they?! Well, I'll take it right back in another place! "And think about new flower beds in the parking lots. The view from the top floor ofCapen for [UB President] Greiner would be glorious, when all those flowers are in bloom during exam time. And the students would finally have a place where they could get to for quiet contemplation, like monks in a countryside garden. Now THAT'S what school is supposed to be about! What good is having a state if the state's ugly in thefirst place! Do we really wantto livelike we 'rein New Jersey? And those bastards want the Statue of Liberty back! We just sank all that cash into it to get it clean again... [Governor] Christine [Whitman] just wants to be able to take photo ops in front ofit! If she wantedthat perk, she should have run against Mario like I did!" George will be coming through Buffalo on his way back from the Southern states, where rumors have it that he's testing the waters for a Presidential run in 2000. "If you can find a forum, I'd love to give you more details about my plans in May. Does the law school have a commencement speaker yet?" PARTY ON!!!!!!!!!!!!! Karen Waltz is hosting a "party 'til you puke" fest at her humble abode. Proper attire not required. In fact, clothing is optional. ALL THE BEER YOU CAN SNARF. The Onion wants you... NOW! Seeking students for plagarism and libel law forum. I We are ah equal opportunity agent and do notaiscriminateon the basis oybwirdness. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b2562712c8efe81325d4f55bbe73e416.pdf 2571deac80d782caa149ecf5b4a6fe4d PDF Text Text NEWS April 2, 1997 Bringing the Issues to the 1 THE OPINION Students Since 1949 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 37, No. 10 ESLS Holds Sports Law Symposium by Kristin Greeley, News Editor I The role of agents in the world of ball was the topic for discussion at Entertainment and Sports Law Society's recent "Spring Symposium on Sports Law in focus would be onanswering the question of "What does a good lawyer do?" with respect to the sports world,and how is this Western New York." The symposium, held on teven laws, that those in the sports d must follow. The first panelist to speak was Bowman, who previously coached at the University of Texas at El Paso. There, he was involved with top-pick players such as »ug ■ Floutie. Bowman said that one of the most difficult things a college coach must dealwith is the rch 27 at the Center for Tomorrow, featured Buffalo Bills Defensive Coordinator NCAA rules. The rules state that student athletes may not have any contact with agents until their NCAA eligibility is completed. According to Bowman, many rules violations occur simbecause they are so strict. Wade Phillips and UBFootball Assistant Coach Max Bowman. John Burton, weekend sportscaster for WKBW- Channel 7 moderated the event. Scheduled panelist Buffalo Bills running back Derrick Joe Burton, WKBW& ESLS President, Lynn Wolfgang was unable to attend. : NCAA harbors a lot of their own reflected in Western New York. Dean Barry Boyer opened the event lems," he said. Moderator Burton began by saying saying that the Entertainment and that is his favorite He also football sport. rts Law Symposiums always have the said football is both entertainment and a most interesting speakers of any law See Symposium, page 11. ernes, Eply school event. He said that this event's business. There are rules and regulations, Jessup Fasken Team Keeps Tradition of Excellence Alive by Kristin Greeley, News Editor and Julie Meyer, Managing Editor On March 21, 1997 in Toronto, the first year Jessup Moot Court Team tied for second best record with Cornell at the Fasken Campbell Godfrey Moot Court Competition. Three rf nominated for best Fasken Director states that "[m]any of the teams who were beaten by Buffalo teams in the past are now being the past two years, Jessup Regional Teams have earned a 7-1 record in regional preliminary round 5 matches. Fasken Campbell Godfrey Team for 1997: team members were oralist. While the team may have been disappointed by not placing first in the competition, 3L Bill McDonald, semifinals and this year s team placed fifth, just missing the semifinals. During Ahren Astudillo § I Kevin Clor Chris Jacobs Cheryl Jones Rebecca Monck Brendan Reagan Nancy Saunders Kinda Serafi Molly Sleiman McDonald "..enoouragtfs] everyone who made the Jessup Board this year to try out in the fall intramural for the Reon a 1 gi Team, and I would doucoached by those bly encourpeople who Buffalo age anyone beat, so the Buffalo who didn't training method is beKathrynYerge make the ing used by the other H;:*:.:,.:.:. board to try schools as well." The I out." Every Toronto team conyear, at least one person who failed to sisted of first years Ahren Astudillo, make the Jessup Board the year before has Kevin Clor, Chris Jacobs, Cheryl Jones, made the Regional Team. The Jessup Rebecca Monck, BrendanReagan, Nancy Competition is the only world-wide comSaunders, Kinda Serafi, Molly Sleiman petition, and individuals who make the and Kathryn Verge. Regional Team can have the opportunity The Jessup Board will be a strong to compete against teams from other nacontender for the Regional Championship next year. Last year's team made the 1997 Jessup International Moot Court Board Associates: Eric Almonte Ahren Astudillo Kimberly Balthaser Marc Brown Kevin Clor Debbie Colosimo Andrew Fanizzi LeonorFeliz Ralph Gaboury Ryan Harden Rochelle Jackson Chris Jacobs Cheryl Jones Jennifer Kaiser AmyMartoche Rebecca Monck Charles Moynihan Brendan Reagan Nancy Saunders Kinda Serafi Renee Simmons Molly Sleiman Kathryn Verge April 2,1997 2L Wins Prize for Paper by Kristin Greeley, News Editor 2LCorinne Carey placed third at the SecondAnnual Convocation for Law Students held at Suffolk University School ofLaw for her paper entitled "Curtailing the Civil Liberties ofDrug Users: Federal Welfare Reform as the Most Recent Chapter in the War on Drugs." The conference was held in Boston from March 3 through March 8. The theme was "Law in a Changing Society." Carey answered Suffolk's national for call papers in November. She first presented the idea for the paper at the first national Harm Reduction Conference in Oakland, California, in September. In January, Carey submitted an abstract of her paper. A Board of Suffolk's Law Review Committee selected papers from the abstracts submitted to attend the three-day conference. During the conference, participants presented their papers in groups. They were each questioned about their papers by a panel of judges for fifteen minutes. The paper receiving first place will be published in a future Suffolk Universiy Law Review. Carey's paper discusses the Federal Welfare Reform Act of 1996, specifically the provision that allows states to test welfare receipients for drugs as a condition for receiving benefits. Currently, Governor George Pataki is proposing as a part of next year's state budget mandatory drug testing for all welfare recipients and those applying for benefits for the first time. The paper discusses the Constitu- tional and policy implications of these types of drug testing. Carey argues that these laws are unconstitutional. Carey also testified at hearings held here in Buffalo about the new welfare reforms and the proposed state budget. "I thought it was a wonderful experience. It was a great opportunity to both write and speak about a topic that interested me," Carey said. For more ESLS pictures, please see page 11. �2 EDITORIAL THE OPINION THE OPINION Founded 1949 w i 1-7 XT 37, Volume No. ,n 10 #| I Tell us your opinion! I . .. _ April 2, IfW7 1997 April 2, 1997 If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor ait best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not be longer than four pages double-spaced. "-,.',u .; .;•<:,-h Mi >i.;.h,i5,;,*i.,,-i< Ji. r./:,;. ~,;,',,•.;„..,, m.;. ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall. Room 7 . t, Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor SDFSDFSDFSD Scott Bylewski Kristin Greeley Michael SantaMaria Sami Manirath David Leone Rochelle Jackson Assistant News Editor: Kirn Fanniff Senior Editor: Steven Bachmann Dietz The Opinionisa non-profit, independent, student-owned and run publication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout theFall and Spring semesters. It is the student newspaper ofthe State University of NewYork at Buffalo School ofLaw. Copyright 1996 by TheOpinion, SBA. Any reproduction ofmaterials herein is strictlyprohibited without theexpress consent ofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed to The Opinion, or dropped off outside ofthe Opinion office in thebasement ofO'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are best when writtenas a part ofa dialogue and mustbe no more thanone page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressedstamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchangeof ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Just a few short weeks ago, science broke-through with a cloned sheep. She's named Dolly in honor of Dolly Parton because this ewe was cloned from mammary cells. The entire cloning process is long and very persnickety. (And you wonder what research scientists DO for fun?) With the advent of Dolly, science opened a doorthat won't shut easily or quietly. Especially since the technology to clone humans cannot be far behind the miracle of Dolly. So, what does this mean? President Clinton refuses to fund research until the ethical difficulties associated with cloning are ironed out or at least discussed. But, why do we have to start now? Science has been able to clone organisms, albeit tadpoles, since 1952. But, no one wanted to deal with the issue then. So, par usual, the previous generation foisted yet one more little technological surprise upon us. Sorta reminds you social security, huh? However, there are serious ramifications we now face thanks to the mixed blessing ofcloning. Aside from the major Godcomplex that most doctorsalready have being grossly intensified, what would the possibility of cloning REALLY mean? It could mean the creation of new vital bodily organs for people who desperately need them. It could mean growing a new leg for a person who's leg was cut off, or growing new skin for a burn victim. In a sense, cloning couldbe our entrance into the exclusive spontaneous regeneration club. Cloning could offer all ofthese medical miracles, but to what social, fiscal, physical and ethical costs? In all respects, the bill is going to be huge and the previous generations were unwilling to foot it. Should we? Would the privilege of cloned body parts go to the person with the most scoots? Would there be a black market for cloned body parts? Would there be a rise in crime? What about plastic surgery? What about tort violations? Would a person who suffers damage to a cloned body part be able to recover as much money because the part isn't original to their body? What about product liability questions? The more an original is copied, the lower the quality of the copy. Will there be recovery for someone who gets a cloned copy of their leg, and it isn't as good as the original? Or, would the principle of unrealistic expectation apply? Remember the hairy hand case from contracts class? "Umm, Doc? I wanted a foot with five t0e5...1 know that you told me the extra three would be on the house...but I'm not so sure I really want to make that bold a fashion statement right now." What about intellectual property issues? Who do you pay for what? Will separate companies develop the technology for different "parts"? Parts is parts, right? The possible problems and solutions are endless. As this technology inevitably advances, the more the questions and their lack of answers will become apparent. This could be great for law, because it will create more business. We can't eat unless someone out there is fighting about something. But, this issue-while there are interesting questions of application for lawyers—is not relegated to legal ethics. The real question truly focuses on the scientific and civil rights boundaries to be drawn as of now. If we can clone parts of something, and we know we can clone an entire sheep, then we can clone entire humans. Their legal rights would have to be settled too. In a nation where equal rights can be looked upon as more of a sardonic comedy than a reality, how are we to achieve equal rights for a clone when we can't agree on equal rights for ourselves? LETTERS TO THE EDITOR: To All Members of the Campus Community: Students typically encounter a great deal of stress (academic, living arrangement, family, work, financial) during the course of an academic year. For some, the pressures become overwhelmingand feel unmanageable. The purpose of this letter is to help you identify both the less obvious and the more dramatic signs of emotional distress and to suggest how you might be of assistance to students. Among the signs of more serious distress are: Actual self-harming (cutting; taking an overdose of a medication, drug, or toxic chemical). Attempting to harm oneself (climbing out onto a window ledge or the roof). Talking to others about killing oneself. Leaving a suicide note. Aggressiveness in dealing with the environment (slamming doors violently, using one's fist to break a window or hit walls, throwing and/or breaking of furniture). Aggressiveness toward others (screaming, threatening, insulting, actual physical attack). These signs ofserious distressshould be reported to Public Safety (ext. 2222) without delay in order to ensure the individual's safety. If the studentresides in the residence halls, his/her Hall Director or the Office of Residence Life (645-2171) also should be notified. Some less obvious behaviors that may function as signals that a student may be feeling more anxious or depressed than usual are the patterns of coping described below. Social participation (person either becomes significantly more dependent on your timeand attention or withdraws from usual participation and becomes relatively socially isolated). Appearance(a usually neat person becomes careless in terms ofhygiene and/or dress). Class attendance (person either becomes significantly inconsistent or stops attending classes). Energy (unusual fatigue or inexplicable bursts of activity which may or may not be productive). Mood(unusually irritable, restless, sad). Alcohol/substance use (occasional drinker/user engages in the activity with significantly greater frequency and/or the amount consumed per usage increases significantly). Extreme weight loss/gain. You can be of assistance by encouraging the person to contact one of the following services: Counseling Center, 120 Richmond Quadrangle, Ellicott Complex (645-2720). To schedule an appointment, phone or walk-in weekdays 8:30 AM to 5 PM. Services are free, voluntary, and confidential. Crisis Services, Inc. (834-3131) An off-campus, daily, 24-hourTelephone Hotline; if necessary and appropriate, Crisis Services' Emergency-Outreach Unitcan come to campus for evaluation of risk to self or others. The Office of Academic Advisement Academic deans and other offices provide assistance for academically related problems. Their names and numbers can be found in the University Directory. If you have any questions or concerns about someone, call the Counseling Center (645-2720) and consult with the counselor-on-duty. Remember: It is better to obtain assurance that a perceived problem is not serious than not to call at all. Yours truly, the Staff of the Counseling Center �April 2, 1997 THE OPINION NEWS/FEATURES Bradley to Participate in Environmental Law Symposium NYSBA Announces New Award for Students by Kirn Fanniff, Assistant News Editor Former New Jersey Senator William Bradley will be among the participants in an environmental law symposium to be held Friday, May 9, at the Center for Tomorrow. The event is the third in a series of events sponsored by the Environmental Law Coloquium. Topics to be addressed at the symposium include the role of public utilities in a competitive market, the future of utilities in a deregulated environment and the impact of deregulation on a utility's ability to handle facility-related environmental issues. JohnB. Scheffer 11,UB interim Vice President for Public Service and Urban Affairs, will make opening remarks during breakfast, which will begin at 8 a.m. Bradley, who served as a member of the Senate Energy and National Resources Committee, is expected to speak at 3:30 p.m. on the need for a national energy policy. A panel discussion on structuring a national energy policy and its impact on geopolitics will begin at 4:15 p.m. Among other scheduled speakers and their topics will be: John Roberts, senior analyst for the New York State Department of Public Service, federal nuclear waste program development andtherole ofnuclear power in a competitive market; Carl Peckman, supervisor ofenergy and environmental economics, New York State Department ofPublic Service, New York electricrestructuring and treatment of nuclear power; Chris Flavin, Senior Vice President andDirector of Research for Worldwatch Institute, alternative energy sources; Joseph Vasalli, program manager, environmental research, New York State Research and Development Authority, ozone transport research and fossil fuel and environmental air quality; David Wolley, executive directorand professor of law, Center for Environmental legal Studies, Pace University Law School, renewable portfolio standardsand other regulatory mechanisms to promote renewable energy resources. Registration fee is $50; the deadline is April 9. Contact Sharon Eyklund at 645-7342 for more information. The New York State Bar Association (N YSBA)has cTeated aLaw Student Bar Association Achievement Award to recognize law students who actively participate in bar association activities. "We wanted to stimulate law students to become active in the work ofthe organized bar and makea contribution to the legal profession andthe public," said Ellen Lieberman of New York, chair of the Committee on Legal Education and Admission to the Bar. "We also want to encourage them to continue bar association activities throughout their profes, sional lives. * The award will honor those students graduating from any of the participating New Yorklaw schools who have made a positive contribution through activities with the NYSBA, American Bar Association, or a local minority, ethnic, specialty, or women's bar association. __ Student activities must embrace and objectives of the legal goals the profession in addition to being of service to the public or the legal profession. The committee is looking for students who promote the principles and standards of the New York State Bar Association. Students from New York's 15 law schools are eligible to participate. The first NYSBA Law Students Bar Association Achievement Awards will be given at each school *s 1997 spring commencement, or at an official graduation-related awards ceremony. Nominations should be submitted by April 1,1997, on an application form or by letter, to the Committee on Legal Education and Admission to the Bar, New York State Bar Association, One Elk Street, Albany, NY 12207. If you have any questions or wish to receive an application form please call (518) 487-5681 or fax (518) 487-5694. "I'm not a vegetarian because I love animals, I'm a vegetarian because I hate plants." A# Whitney Brown NCVir YORK Students Pass theBarExam with PIEPER With 23 testable subjects in addition to the multistate exam, why risk your future on someone who is not an expert on the New York Bar ExamP JOHN PIEPER is theEXPERT onpreparing candidatesforthe MEW YORKandMultistateRarExams'! EXPERIENCE THEEXPERT 1-800-635-6569 3 �4 THE OPINION NEWS/FEATURES April 2, 1997 BRIEFS UBLaw School to Sponsor Matrimonial Law Conference A symposium entitled "Matrimonial Law : The Realities of Practice" will be held in O' Brian Hall on Saturday, April 6. The symposium is geared to- Buffalo. There is no fee to attend, but seating is limited and will be available on a first- come basis. Students wishing to register may be so outside of Room 514 or 614. Dillion to Speak at D.W.I. Conference wards recent graduates and current students. The program is sponsored by the New York Chapter ofthe American Academy ofMatrimonial Lawyers in cooperation withUBLaw in memory of Raymond F. Pauley, a nationally recognized matrimonial law practitioner. Registration will begin at 8:30 a.m. and the event wil conclude with a ques- tion-and-answer segment at 4:30 p.m. Opening remarks will be given by Dean Barry Boyer and Rochester attorney Brian Barney. Topics and presenters will be: * "Attorney-Client Relationship in Matrimonial Matters," Patrick C. O'Reilly, Buffalo; * "Preliminary Matters," Bran Barney,Rochester, and Roger T. Davison, Buffalo; * "Negotiating Agreements," Joyce E. Funda and Peter J. Fiorella, Jr., Buffalo; * "Custody Issues," JamesP. Renda and Barbara Ellen Handschu, Buffalo; * "Discovery and Valuationof Marital Assets," Nelson F. Zakia and David G. Stiller, Buffalo; * "Matrimonial Trial Practice," Mark G. Hirschorn and Paul IvanBirzon, State Supreme Court Judge Hon. Kevin Dillon will deliver the keynote address at a conference on the legal aspects of driving while intoxicated at UB Law School on April 12. The conference, which is sponsored by the Criminal Law Society and Group Legal Services, will be held in the Mott Courtroom from 9 a.m. to 5 p.m. Also scheduled to speak are R. Gil Kerlikowske, Buffalo Police commissioner, and Michael Taheri, seniorpartner ofthe Williamsville firm Condon& Taheri. A judicial panel including Hon. Barbara Howe, State Supreme Court, Eighth District, will also be featured. The conference is free to all law students, $25 forall others. Call Group Legal Services at 645-3036 for registration and information. SBA to conduct Fee Referendum On April 2ndand 3rd 1997, the SBA will conduct a student activity fee referendum. Every four years, the State University of New York's Board of Trustees requires that every student government conduct this referendum. The budget that SBA allocates every year lo the student organizations comes solely from these fees. Additionally, the student activity feefunds SBA's accounting contract with Sub-Board I as well as the current contract with Alumni Arena. Also, on April 2nd and 3rd, law students may vote to elect the new SBA executive board. If you have any questions regarding this referendum or would like to see a copy of the Board of Trustees' Policy for the referendum, you may contact the SBA at 645-2748. Fantasy Golf If you're a bigger fan of Tiger Wood's than of Albert Belle's, you may wonder how to find a corrective to all the fantasy baseball games on-line. TourGolf.com(www.tourgolf.com) has the answer. It has divided 100 touring pros into 10 groups; you select one player from each group for your team. You get points on a sliding scale for each of your players that place in the top 24 at a PGA event. You can also round up 20 or more fellow cubicle zombies to simultaneously enter the Corporate Challenge, ranking you against others in your company. Game day just got a little more exciting. UB Library is Zippy On February 20, the University Libraries Interlibrary Loan Department received a rush request from the Executive Office of the President of the United States. The request was for an article from a German criminal statisticsjournal held by only seven libraries in the U.S. The Executive Office of the President came to UB for fast document delivery service. Delores Salter, in charge of Interlibrary Loan requests that come to UB from other libraries and organizations, immediately located the article in the Lockwood Collections and faxed it to the White House within 20 minutes. Judith Adams, director of Lockwood Library, notes that the White House is not the only realm of the powerful that the Interlibrary Loan Department has assisted so far in 1997. In January, the department received two "rush" requests for books from Gov. Pataki's office. The governor needed to have the books in Albany on the following morning at 9 a.m. Despitereceiving one ofthe requests after 4 p.m., the Interlibrary Loan staff located the books, and arranged with overnight delivery services to get the books to the governor in time for a morning meeting the next day. Who could ask for anything more? The SUNY chancellor has also relied on the InterlibraryLoan services for articles in the past month. UB has, perhaps, a national reputation for FAST document delivery service, and collections which are the envy of the highest realms of influence. briefs include The Reporter, Various Press Releases and Newsweek Sources for University Council Position Open by Nathan Van Loon, Special to the Opinion Nathan Van Loon is the only law student running for University Council. University Council is comprised of ten people, nine selected by Governor Pataki, and one elected student. The Council has oversight over almost every aspect of the University, including ÜB's budget, enrollment, curriculum requirements and any increase in UB based fees, like the proposed $200 per year implementation of an Athletic Fee on Law students. It is very important that when issues concerning the Law School are presented in the Council that the Law students have one of their own with a seat at the table to advocate for what we want. As a second year law student, a 2L SBA representative, Chairperson of the Criminal Law Society and president of Sub-Board One Inc., Van Loon has the background and experience to represent not only the Law School, but also all students ofthe University. HODGSON RUSS ANDREWS WOODS & GOODYEARIIp ATTORNEYS AT LAW To The Class Of 1999: You are cordially invited to a reception hosted by Hodgson, Russ, Andrews, Woods & Goodyear, llp of Buffalo, New York. Date: Time: Place: /One Federal Courts Book\ /Supplement and notebook. Tnfe semester is almost over, and I really I need this material for my exam. PLEASE RETURN THEM!!!!/ Drop me a note in box 755, call me at Nj4s-2147 or e-mail me ar \ Wednesday, April 9, 1997 4:30 - 6:30 p.m. University Inn & Conference Center 2401 N. Forest Rd., Amherst Please join us for cocktails and hors d'oeuvres and meet with attorneys from a variety ofpractice areas. R.S.V.P. c/o Career Development Office room 609 by Friday, April 4. If you have any questions, please call lane McAvoy at 848-1612 BUFFALO • ROCHESTER • ALBANY • NEW YORK • BOCA RATON • TORONTO �NEWS/FEATURES April 2, 1997 5 THE OPINION . WITH BUTTER EXTRA Write for the by J<ri)vskn«4£ijpn and Scott Frycek, features Writers Opinion^ SeeWnJl Private Parts Rating Legend: 4 gavels- A Must Sec! 3 gavels- Why Not? 2 gavels-Nah! 1 gaivd-No Way! Hers All of our dedicated readers who have been keeping track ofthe ratings of our previously viewed movies (yeah both of you), may realize that, until now, neither of us have bestowed the great honor of 4 gavels on any movie. Therefore, it may seem curious to many of you why my co-reviewer, Scott, gave 4 gavels to Howard Stern's "Private Parts." He may even try to explain to you that the reason he liked the movie so much is because it truly demonstrated the "other side" of Stern. However, I contend that his high rating of the film is for one reason, and one reason 0n1y... NAKED WOMEN!! The movie essentially traces Stern's life from the age of 6 years old to the present. Among the aspects of his life that are highlighted in the film are Stern's battle with NBC, his relationship with his wife and his extremely outrageous radio act. The movie at times is interesting, even funny. I would have even accepted the complete female nudity if we were able to see more than just Howard's butt, during the film. Hey, I believe in equal protection, don't you? Further, I think that if Stern's true motivation behind the creation of "Private Parts" was to show the "other side" of himself, so much of the movie should not have focused on his radio show antics. My advice: guys, you'll love this movie, so check it out. Girls, if you don't get offended by the "light-hearted" degradation of women, give it a try. Rating: 2 1/2 gavels His Although my colleague will tell you otherwise, "Private Parts" is finally a movie worth reviewing. You see, she thinks there is excessive nudity and bad language in the film. What she fails to realize is that excessive and poor taste is what Howard Stern is all about. It is the reason why we keep listening to the shock jock. It is also why the DJ has become the selfproclaimed "King of all Media." "Private Parts" is raunchy, funny, and quite revealing. For audience members, it really shows a different side to Stern. The Howard Stern who tried to make it in radio is likable, humble and real. The film is quite successful in portraying thevarious pitfalls and shortcomings that Howard had to transcend to be who he is. Like, the man himself, the movie is not afraid to take risks and shock itsaudience. From the woman who literally got off on Stern's voice, to the naughty "fill in the blank" game, movie goers are in for an eye-opening experience. While it may frighten certain viewers, those of us who are comfortable with a little offbeat humor will appreciate the fresh quality of "Private Parts. " Finally there is a film that teaches us that its okay to push the envelope and speak our minds. In the end, some of you will be put off by "Private Parts. " And that's all right. I'm sure there are plenty of good cartoons at your local video store. For all you risk takers out there, however, go see this movie twice. Once for your own enjoyment, and another time to protest the travesty that is in the "Hers" column. Rating: 4 gavels columnists! |)hoto^ni|>lffls in the bjxwtside of 7VRrian HalKr call /64^2147. Meetings are every Monday at 1:15 p.m. • FREE admission to all Law Student Council programs • FREE admission to NYSBA'sAnnual Meeting • FOUR Publications: |The Council Reporter The State Bar News The NewYork State Bar Journal New York Law Digest • Discounts on most of TWENTY specialty interest sections • Awards & competitions for legal writing advocacy and research • Discounts on continuing legal education and practical skills seminars • Choice of insurance plans • Skill & management advice from the Law Office Economics & Management Dept. • Guidance on pro bono opportunities • Professional and personal money-saving discounts To reach success by phone call 518.487.5577 TO REACH SUCCESS BY MAIL SEND THE COUPON Ten dollars. That's all it costs to be part of one of the best networking resources you'll ever have now and throughout your legal career — the New York State Bar Association. Ten dollars to be in the same association with some of the most powerful forces in the legal profession. . Ten dollars to be in on the Law Student Council's professional and social programs, and to run with your peers who are on the fast track to becoming the stars of tomorrow. ' J oin now and y°u can make more contacts in less time for less money than many other sources available to you. NYSBA's membership has always included the leading lights of the legal profession, and 1997 is no exception. F» I * I ■ Membership Department New York State Bar Association One Elk Street, Albany, NY 12207 NAME H STREET CITY ZIP STATE LAW SCHOOL GRADUATION DATE DATE OF BIRTH PHONE NUMBER bum ■ w \brk State Bar Association nysba | �6 NEWS THE OPINION April 2, 1997 1997 Candidate Statements for SBA E-Board Elections SBA President JenniferKaiser Wouldn't it be nice if the function and mechanics of the Student Bar Association were more readily apparent to all law students, not just to those already on the SBA e-board? My goal as President is to make the SBAaccessible and constructive for everyone at UB Law. As an outsider I could provide an objective assessment ofthe SBA's strengths and shortcomings. The SBA is a powerful communications tool for students in addressing many school issues. As I see it, it is the responsibility of the President to identify the aspects of our law school experience that need attention and ensure, with the assistance of the SBA e-board, that these problems are resolved and vigilantlymoni- tored. As a liaison to administration and faculty it is crucial for the President to be mature and have excellent communication skills. I have demonstrated my verbal skillsby gainingmembership onthe Jessup Moot Court Board. And, at twenty-nine years old, I feel that I possess the maturity and reliability after having spent several years working as a Marketing Consultant and as an advocate for persons with disabilities for the Human Services Department of the City of Cambridge (MA). Furthermore, my job security as a Disabilities Advocate hinged on my ability to successfully write and present arguments on behalf of clients. Additionally, my appointment as student representative of UB Law's Special Needs Committee has given me a valuable introduction to serving as a liaison in the law school. I have enjoyed the challenge of defending issues and proposing new ideas to the administration. My work and extracurricular experiences have instilled in me a strong sense of fairness for all, especially those who need it most. Many law students aren't aware that the ABA sponsors its ownnational scholarships, fellowships, moot court competitions and writingcompetitions. It is up to the SBA, as an ABA representative, to inform you ofthe activities and deadlines. I would like to gather and supply this information on an on-going basis as an opportunity for you to enhance the quality of your legal education and of your job prospects. In conclusion I hope that I have convinced you of my qualifications for Presi- dent ofSBA. The SBA is afine and useful organization and it exists for you. I urge you to vote for thecandidate you will feel most comfortable approaching and who you believe will best serve your needs. Thank you for your consideration. Bahaati Pitt My name isBahaati Pittand I would like to be your Student Bar Association President. Some may know me from my efforts to bring a yearbook to our law school, although I think I am best remembered for "teaching" our first year Civil Procedure class with former classmate Shantelle Huges in the abscence of our teacher. This fall I will be returning as a third year student. I have been a Second Year Class Director this past year and have positively enjoyed it. Being part of thesystem makes Joseph Reynolds you appreciate the hardwork, dedication and perseverance that goes into theSBA. I do believe that I am an individual that personifies these characteristics and would like to work for you. The SBA is a vital part of our school. We represent the voice ofthe students. It is only through our collective voice that our concerns are heard. However, in past years our voice has not been there to be heard. The SBA was a only a figurehead. In this past year Prudence Fung and her staffhave helped give theSBA life. They have worked very hard to establish an amicable relationship with the administration. I would like to furhter this process and receive more input from the students. Although SBA meetings are open to all, few or none show up. I want to restore student faith and participation in the SBA so we can stand unified and truly be the voice of the school. Vice President Nicole Graci Hello. My name is Nicole Graci and I would like very much to serve the student body as Vice President of the Student Bar Association. I feel that I am qualified for one very important reason, 1 am not afraid to speak up. A firm believer in several old adages, such as there are no stupid questions, it never hurts to ask, you never know until you try, and the worst they can say is no, I think that the law students need someone like me to represent their interests. As a 1Lrepresentative during my first year, I voiced the interests of the first year class in various matters from the price of Barrister's Ball tickets to the cleanliness of the computer lab. Furthermore, as a member of the Facilities Committee, I helped to begin the process of obtaining a suitable student lounge for all law students, a project I hope to continue as Vice President. With a year of experience in SBA under my belt, I feel that I am qualified to take on the larger responsibility of representing the entire student body. If elected Vice President of SBA, my main goal is to continue and expand upon thework begun by thepresent SBA Executive Board in fostering a more open relationship between law schoolstudents and faculty. I believe that if UBLaw is to achieve the nationally recognized status that is so important to the students' futures, communication of students' wants and opinions to the faculty and administration is integral. A continuation ofStudent-Faculty Happy Hours is one forum in which to promote communication. In addition, I would like to see studentfaculty panels regarding relevant issues as well as a more active role of studentfaculty committees. As a member of the SBA Executive Board, 1 will be in a position to work fervently towards these goals as well as others. I feel that my experience as a 1L representative, willingness to speak up as a voice of the student body, and commitment to improving UBLaw School make me a qualified candidate for Vice President of the Student Bar Association. I hope that on the April election days you agree. For those ofyou who do not know me yet, my name is Joe Reynolds and I am running for the office ofVice-President of her of the Executive Committee and an active and contributing voice in the Student Bar Association for another term. the Student Bar Association. I am cur- rently a Second-Year Director in the SBA so I feel that I have a strong grasp on what the SBA does and for whatthe person who is Vice-President is responsible. I know that many people believe that ourlaw school needs a lot ofworkand I am always open to any and all suggestions on what can be done to improve the school. What I would like to see in the upcoming year is a continuation of many of the things that SBA started to do thisyear. In particular, I would like to see more Faculty-Student Happy Hours similar to the one we had at the beginning ofthis semester. Not only do events like these give us the opportunity to meet each other away from the books and class, but these events also allow us to interact with the faculty people, not just as professors. I know that other law schools have events such as these, and they really do work to improve the whole "law school" experience by building a sense of community among all the people at Law School, not just the students. I would also like to continue the good relations that the SBA has fostered with the administration. Having someone with prior SBA experience can only serve to keep this high level of interaction a definite possibility so that we can work together right from the start to make our experience at UB no more painful that it has to be. Please remember to come out and vote on April 2nd and 3rd for all the elections going on (not just for the SBA elections). Thanks and goodluck withthe rest of the year (it's almost over). Parliamentarian Tonya Guzman This past year I've been fortunate to be a member of the Studentßar Association in the capacity of 1LClass Representative. Many of my fellow classmates have expressed various concernsregarding student life and each issue brought to my attention, hasbeen addressed within the SBA forum. As a member of the Barristers Ball committee and Co-Chair of Community Service for the Student Bar Association, I had the opportunity to take charge and contribute to our community. As a result of this involvement, the community service committee raised moneys that go toward our Adopt A School Program. Being an active member of SBA I was able to observe and become familiarwith parliamentary procedure, decorum and minute notation required by the Parliamentarian. I would like to continue the admirable job done in the past by those in this position, my only change would be to type all my notes on personal computer. The position of Parliamentarian requires an even-tempered and organized individual with a strong presence and voice to keep abreast of all issuesbrought fourth and to keep the meetings on track. I am qualified and eagerly await the opportunity to tackle the Parliamentarian position and lookforwardto being a mem- Tracy Weir My name is Tracy Weir and I am a first-year law student. I recently graduatedfrom Williams College in Massachusetts, with a bachelor of arts degree in psychology. I have spent most of my life in Pleasant Valley, a small town outside of the city of Poughkeepsie, New York. Presently, I am running for Parliamentarian of the Student Bar Association. Although I am not presently on the SBA board, I do have experience in positions such as that of Parliamentarian, whose main duty is to take notes at each meeting. The majority of my employment experience has been of a clerical nature; I have been a receptionist, a secretary, and a record clerk. People have told me that I am easy to get along with and I am a hard worker who follows instructions well. I pay attention to details, have excellent organizational skills, and can handle many jobs at once. I am also extremely reliable and responsible, and enjoy helping people. As an undergraduate student, I was involved in many different groups and organizations. I held the position of Secretary of the Gospel Choir in college. I was also the Sports Editor of the college's yearbook. The duties of these two positions were very similar to those of Parliamentarian. Therefore, I know what is expected of me and how hard I will have to work. I am ready to dedicate a lot of time and energy to the Student Bar Association. During my first year here, I have been a member of the Black Student Law Association. I will continue to beactive in that group next year, but I will be able to appropriate a large part of my time to the position of Parliamentarian of the Student Bar Association. I am running for Parliamentarianfor a number of reasons. Primarily, I want to beable to assist in making the law school better for everyone. I want to help in making changes here. By being on the SBA board, I will make sure that any sort of suggestions or ideas that I or any other student might have will be seriously considered. I hope to be involved in the everyday functionof theStudent Bar As- sociation. I have enjoyed my first year here at thelaw school. Now I wantto be an active participant in the things that go on at the law school. The position ofParliamentarian should be a good introduction for me to the SBA board. Then, there would be the increased possibility of me running for a higher position next year. Also, in this position, I will be able to do something that I really enjoy. 1 like being part of the backbone of groups and organizations. This position is one that is definitely necessary in order for the Student Bar Association to function smoothly and effectively. I believe that this is the type of position that I can fill well, because I am a very dependable person. If given the chance, I will show the law students here how good a jobI can do. I am committed to this school, its stu- dents, and the Student Bar Association. Thank you for considering me for the position of Parliamentarian. | �7 THE OPINION FEATURES April 2, 1997 Attention, Class of 1997 Graduates-to-be! Senior Week ffciiviiies Tickets are sale! Tickets may be purchased individually for each event, or a package may be purchased. Events: Wedresday, ffiay 14th: Bisons Baseball game and picnic Thursday, Slay 15th: Dinner and Dancing at the Calumet Cafe Friday, ffiay 16th: Senior Picnic at Dean Boyers Ijouse Reception at the Delaware Casino (limit of 400 people) Friends and Family are welcome! Tickets are on sale until until ffpril 11th! Cash and Checks are the accepted forms of payment. Please endorse checks _ to QLB. Foundation. -^ Box: Name: A full ticket package costs $40 for students and $45 for non-students. A separate package for children under 12 costs $10. Sign me up for a full package! #°f non-student tickets; #of student tickets* #of child tickets Sign me up for the following events! Bison's Game & Picnic: $12 per adult & $7 for children under 12. # of adults # of children *°f adults Calumet Cafe Dinner and Dancing; $20 per person Picnic at Dean Boyers' House; $ 7 per adult and $5 per child under 12 # of adults Delaware Casino Reception; # of children $14 per adult #of adult tickets To order tickets through this ad, please mark off the numbers of packages/ tickets you wish to purchase, drop off the order form along with your payment in Room 306. Tickets will be dropped off at your box by 4/25/97. �8 NEWS THE OPINION April 2, 1997 First Open House In A Series of 2 held by Kirn Fanniff,. Assistant News Editor Open House offers a chance for prospective students to check out what UB has to offer as a law school. The first of the Open Houses this semester was on Saturday March 29. The second will be on April 26. Marie of the Admissions office said there are currently 45 students registered for the first open house. The office expects approximately 60 students and their guests to attend. Four different panels will present information to theapplicants. Dean Boyer will be speaking on the new curriculum, highlighted in pamphlets describing the changes in detail. The Administration Panel consisting of Scan Shannon, Karen Waltz, and Marcia Zubrow will be covering a w:de variety of information. Shannon will speak about public practice and the Career Development Office. Waltz will inform students ofthe duties of the Office ofRecords and Registration. Zubrow will speak about the library. The faculty panel, consisting of Elizabeth Mensch and Cheryl Nichols, will give applicants an idea of what to expect in their first year ofcourses. They willalso outlinethe research and writing program. A new panel that has been added this year is the alumni panel. AmyHabib ('95) and Erin Peradotto ('B4) will be speaking to students about the preparation UB provided them with and how they got to where they are in theircareers now. The student panel traditionally fields the most question from the guests. 3L Prudence Fung, 3L Jeffrey Stravino, 2L Jeff VanCollins and 4L Elizabeth Wright will provide students with a picture of what it actually means to attend law school. They will also discuss the opportunities available to the students once they begin their studies. 1 I Sure air bags work great in frontend collisions, but only a safety belt can protect you from side and rear-end collisions. So buckle up. And you'll cover all the angles. YOU COULD LEARN A LOTFROM A DUMMY BUCKLE YOUR SAFETYHotline: BELT. For more information, callthe Airbag & Child 800-424-9393 US Department Al Safety Lμ ■■■■_■■ jm jm »k_bk_bw _ _ _—m Jmm jmm mm mm A Public Service of J This Publication taV'l ■—• jm mm ■>■ ■> ■§ mm mat \^^ mhi aai Get Out And VOTE SBA Elections are 4/2 &4a v of Transportation j t <0r mTVoting will be held outside L j • • • • • -J SENIORS!!!!!!!!!! Get your graduation tickets in from Marie McLeod. Ceremony tickets are just $1 a piece for the first 6 tickets, then $5 a piece for more. Graduates don't need tickets for the actual ceremony. Extra ticket sales will be announced soon! Watch your boxes and the Opinion for news! j • • • • • �NEWS April 2, 1997 9 THE OPINION Symposium, continued from page 3. Phillips said that the Bills have finot want to wait to talk to an agent be- saying, "I have an agent." cause they believe they will lose out on a good opportunity if they wait too long, Bowman They also often do real- not Wade Phillips, Lynn Wolfgang, & Max Bowman ize that they are violating NCAArules, sincewhat on his own. they are doing is not illegal. Another NCAArule thatoften causes problems is the rule that scholarship athletes are not allowed to hold jobs. There agents also is sometimes the temptation to get money assist players with perupfront from agents. Again, this is not sonal finanillegal, but the NCAA forbids it. As of August, Bowman said, scholarship athletes will be allowed to hold outside employment within certain guideBowman said that the NCAA rules often create a double standard. Players are tempted by the prospects of large salaries, but aren't allowed to have any part of it until after they have exhausted their NCAA eligibility. "I don't think we're rightfully representing theathlete's and the agent's interßowman said, he second panelist, Bills Defenbordinator Wade Phillips, talked t Phillips said in the early days of agents, the agent often wanted to make his money up front, and then have nothing to do with the player. He also said that agents are somewhat overrated, since a player can find out information about other play- cial matters. This is often necessary because some players nancial seminars and other services to help the players with always the same, he said. The first question asked of the panel was whether agents are really like they are por- personal matters. trayed in the movie Jerry Maguirc. said that the Phillips movie was surprisingly realistic in that it depicted the various types of agents there are. In response to another question, Phillips saidthat the salary cap is very important in contract negotiations. Agents who tell players that they are better than they actually are often present a problem, said Phillips. When the player does not get the contract the agent says he deserved, he often harbors resenttoward the team. Vith respect to the NCAA, Phillips said that players have time UB Law School Dean, Barry Boyer Teams are tending to between January and April oftheir senior year to get an agent, prefer long-term contracts with large signwhich around iiic cdp, nt S3io. lnti oonusts to should be When asked about the coaches' role in dealing with student athletes and agents, Coach Bowman said that seniors need to be counselled about the NCAA rules, and that is appropriate for a coach to do this. After the symposium, ESLS President 3LLynn Wolfgang saidshewas very pleased with the symposium. "I was very impressed with both coaches' comments. I felt thay were interesting and informative, and addressed the issues succinctly...l also thought John Burton did an excellent job as modera- • mishandle tor. their money, Phillips said. "I thought attendance was fantastic. This was probably our best attended event...There were also many members of the local legal community present. I'm really pleased about that because that was my goal from the beginning, to bridge the gap between the legal community and the law students," she said. Players are paid weekly during the Max Bowman, Wade Phillips, & JoeBurton season only, and must plan appropriately for the off some bad. "But before the game, it's f jiPHBN V BIhIR H . ,— M<Ptl i I fl ' 'lilt B_fl |^d| DRUNK DRIVING DOESN'T JUSTKILL DRUNK DRIVERS. Brendan Moniz, killed December 9,1988 at B:lspm on Airport Rd., Warwick, RI. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? Cowed US. Department of Transportation Ad] bIH ffi. "*? t^j �10 I I I I I I I I I I THE OPINION ADVERTISEMENT April 2, 1997 Did you know that... more than 225 BUFFALO LAW GRADUATES BAR/BRI to prepare them for the February & July 1996 New York Bar Exams Speak to Buffalo Law alumni and find out why the overwhelming majority of students choose BAR/BRI for their bar exam preparation. Buffalo Law's #1 Choice for Bar Review I I I I I I I I I I I BAR REVIEW I Trust die POWER Or EXPERIENCE™ to Work for You I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-04-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 37 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/2/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2c5703ef18dd64d8635c0015df586f03.pdf 8fb2e860f29ca4760065124e8c790fb2 PDF Text Text J J NEWS Moot Court Update, page 6. Bringing the J FEATURES op\ed I The Course Choice Travesty, page 4. mS■ Issues to the Students Since Dear Audrey. .., page 5. 1949 THE OPINION Volume 37, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 16,1997 South Africa's Minister of Justice Visits UB Honorable Abdullah Omar speaks on Truth and Reconciliation in South Africa byRochelle Jackson, Layout Editor Westville also awarded him with an honorary Doctorate ofLaw degree. In 1960 he was admitted as an attorney and as an advocate of the Supreme Court in 1982. He serves as the Minister of "Amandla!""Amandla!" Members of the audience chanted the greeting enthusiastically as theHonorable Abdullah Omar approached the podium to address those in attendance on Friday, April 11, 1997 at 2:30 p.m. in 106 O'Brian Hall. "Amandla!" he answered in response. Translated, it means "On Struggle or "Power to thePeople." Dr. Omar, who spoke on Truth and Reconciliation in South Africa: Accounting for the Past, received his Bachelor of Arts degree and Bachelor ofLaw degree from the University of Cape Town in South Africa. The University ofDurban Honorable Abdullah Omar Justice for South Africa and has represented many apartheid victims including Nelson Mandela. Dr. Omar began his talk by defining reconciliation. "Reconciliation requires transforming of our country. It is not reconciling democracy and apartherd. It is not reconciling good and evil. Because if that were to be the case, there would be no reconciliation. Reconciliation is between the people. It can only be coupled with transformation in our country and must never be seen in isolation." To transform the justice system in our country we need to re-define it," he said. According to Dr. Omar, the Truth See Reconciliation, page 2 UB Law Holds Matrimonial Law Conference by Kristin Greeley, News Editor Divorce was the topic at hand at the recent symposium "Matrimonial Law: The Realities of Practice" held at UB Law on April 6. The symposium was sponsored by the New York Chapter of the American Academy ofMatrimonial Lawyers in cooperation withUB Law in memory of Raymond F. Pauley, Esq., a noted matrimonial lawyer. Professor Paul Ivan Birzon began the day with opening remarks. He said that the day's business would be to present a matrimonial case in microcosm, from start to finish. Dean Barry Boyer gave his opening thoughts next. The purpose of events like this, he said, is to "bridge the gap between what happens in practice and what goes on in the law school." Next, Brian Barney, Esq., spoke about the late Raymond Pauley, with whom he practiced. Barney saidPauley was a "unique individual" who was especially committedto raising thelevel of practice by participating in events such as the symposium and CLEs. The first attorney to present was Patrick C. O'Reilly. O'Reilly spoke about the intricacies of the attorneyclient relationship in a matrimonial case. He said the relationship between a matrimonial lawyer and his/her client was differentfrom other attorney-clientrela- tionship, and the most regulated. This is because the client is going through one of the worst times in his/her life, O'Reilly said. The attorney may be the only clear-thinking party. Because of this, the client is often ready to seize upon any positive information. The attorney's task is to be an advisor, and an advocate, in addition to imposing some client-control. O'Reilly also spoke of theStatement ofRights andßesponsibilities which must be given to each client. He described it as a "reverseMiranda " warnings — it is the client' srights with respect to the attorney. Brian Barney, Esq., next spoke about building a complaint. First, he addressed the topic offile organization. Barney said attorneys need to develop a method for easy access to all relevant facts and the deadlines for taking various actions with respect to each case. Next, he discussed the complaint. When pleading "cruel and inhuman treatment, he said, you must be specific about dates and times of specific incidents. To do this, the client should keep a record. Barney also said pleading that your client has been a "dutiful husband or wife" is unnecessary and often dangerous. He also said in order to avoid issues of fault at trial, the parties shouldresolve this issue in the preliminary conference. Roger Davison spoke next. His topic concerned making motions for pendente lite. These orders for temporary relief are important, because they grant the parties some relief for the duration ofthe litigation. Davison said attorneys should try to settle as many issues as possible immediately. If you reject a settlement proposal, you run the risk of a judge issuing a punitive orderthat isworse than thesettlement order which was refused. This could result in an angry client who mayfire you, Davison said. The next speaker, Joyce E. Funda, Esq., spoke about negotiation strategies. Two traits of a good matrimonial lawyer, she said are the ability to settle, and the ability and reputation of going to trial when necessary. Trial work is easier, Funda said, because negotiation and settlementrequires more personal involvement, time, client control, and goodrelations with the other attorney involved. Some techniques she suggested are: know your client and their agenda, know the goals of the other spouse, educate your client and any other relevant third parties about the laws and procedures. She also said that it is not necessary to complete all discovery before negotiating. In addition, Funda said that attorneys should not be contentious when negotiating, and should know the weaknesses of your clientand case, and not use the other party's weaknesses to your advantage. Peter Fiorella, Esq., was the next to speak. He spoke about the importance of opt-out agreements. Fiorella said attorneys must be prepared at the pretrial conference to try to settle the case. When dealing with opt-out agreements, he said, attorneys must be creative, and make the agreements exhibits. He provided the attendees with examples of opt-out agreements he has fashioned over the years. After a break for lunch, James Renda spoke about child custody issues. He first gave a brief history of custody law. Today, he said, it is important to try to lead your client toward doing what is in the best interest of the children. Otherwise, the court will decide the issue, possibly in a way that is not satisfactory to anyone involved, he said. Renda also said it is important to remember that you are not the attorney for the child. You cannot speak with them, and you should settle if possible. Barbara Ellen Handschu, Esq., also spoke about custody issues. She addressed the issue of custodial parents who wish to move away from the noncustodial parent. This issue is one ofthe hardest custody issues to deal with, she said. The "best interest ofthe child" standard leaves a lot of discretion to judges, she said. Also, overturning decisions on the "abuse of discretion" standard is rare. This "leaves you a lot of work to do," Handschu said. The toughest of these cases are those where the parents are willing to work something out, and the court will not allow them. Next, Paul Vance, Esq., discussed the discovery process. Vance said most cases do not require any unusual types of discovery. In matrimonial cases, he said, discovery involves finding the money. The financial affidavit required by Domestic Relations Law §2368 achieves most of this. The most important consideration See Law Conference, page 5 �2 NEWS THE OPINION April 16, 1997 Reconciliation continued from page 1. and Reconciliation Commission was established to investigatethe human atroci- ties that occurred in South Africa during occurred and Jo make reccommendations in an attempt to avoid any future recurrences. pte ofa na- about the comment. "How do we separate white dominationfrom whitepeople How does that work out in reality?" "I am so glad I came because this event hasreminded me ofwhy I came to law school. It was uplifting and spiritual. Amandla!," said 1L Renee ... Simmons. tion Dr. Omar said his country wanted rich i n to learn from both negative and positive cul- ture with pqfc experiences in the U.S. when questioned whether there would be a national plan in South Africa to combat the adverse Lourdez Ventura, a 2L, whorecently received an internship offer in South Africa, says his talk help to crystalize her upcoming trip. "It makes it more real to me now. I loved his comment on the Bill of Rights," said Ventura. When asked what she thought of Dr. Omar's speech 2L Denise Grey remember being struck by his comment on the Bill of Rights. "It's like someone putting a mirror to your face. Sometimes you get a clearer reflection from an outsider looking in." fil- ing i n uriry for citiLett to right: Dean Barry Boyer, Dr. Omar, .Professor Mutua ship Rights Committee. In explaining why the Amnesty Committee was created he said, "South Africa had a price to pay for its future. We agreed that amnesty shall be made available in certain cases." He further explained that the commitee requires full disclosure of crimes and an application for amnesty does not mean one is immune from prosecution. The committee has established May 10, 1997 as the deadline date for those who wish to apply for amnesty. The Human Rights Committee offers a forum for victims to tell their stories. Its objective, Dr. Omar explained, is to identify human rights violations, why they rights. "We do not deny ourselves. We do not deny our diversity. We are rich in culture. We believe that we are one nation entitled to citizenship rights... We recognize the diversity of our he said. rple," Explaining thatthe old system was one controlled by a white minority, he emphasized why it was necessary to replace it. "Those responsible for enforcing the law were responsible for breaking it in the worst way." It is his hope to replace a system based on repression with one based on human rights. He also emphasized, "Our struggle is not against white people. It is against white domination." J.D. Hill, Lourdez Ventura, and JeffVanCollins were among those who came to here Dr. Omar speak effects of apartheid. "You had a Bill of Rights which you adopted in the 18th century and yet slavery lived on for nearly 100 years side by side with the Bill ofRights. You had the Bill of Rights and segregation living side by side until the 19605." 2L SusanLaGaipa was ambivalent Hey John, signed up for another bar review course my first year of law school and put $75.00 down. Now it's time for the New York Bar Exam and my friend told me I I HAVE TO TAKE PIEPER TO PREPARE FOR THE EXAM! ! ! Is it too late to switch? At Pieper it is never too late to switch I Pieper will gladly credit up to $300.00 placed on another course and all you have to do is show us proof of payment 111 PURER NEW rOBK-MUMSTATE BABBEVIEW 1-800635-6569 Dr. Omar stressed that there is still much to be done. "Ours is not a fairy tale ending that everything has ended happily ever after. There is still a long struggle ahead." When Dr. Omar ended hisspeech, it was to a loud applause and a standing ovation. �NEWS April 16, 1997 THE OPINION 3 BRIEFS 2L Wins Napil Fellowship This summer, 2L Jennifer DeCarli willparticipate in President Clinton's Volunteers in Service to America (VISTA) Program. This honor results from her winning a fellowship the program sponsors in cooperation with the National Association of Public Interest Lawyers (NAPIL) The tough-to-win fellowship places about sixty students in community outreach programs around the country. According to DeCarli, about 450 applicants applied for this summer's program. Candidates were selected and interviewed by each individual agency. DeCarli will work at the Help, Emergency, and Response Shelter, Inc., in Portsmouth, Virginia. The Shelter is the largest shelter for domestic violence victims in Virginia. Her work this summer will concentrate on the issue of teen dating violence. In addition to researching the issue, DeCarli will also work on legislation proposals and help organize a seminar about the topic. The program offers a stipendfor ten weeks based on the VISTA rate for this summer. Before heading to Virginia, DeCarli will attend a training session in Washington, D.C. for all VISTA partici- pants. "I'm really excitied about this opportunity because I have concentrated my efforts towards the issue of domestic violence. I'm glad to get more hands-on experience in the field," DeCarli said. 1996 Bar Passage Rate Ofthe 269 UB graduates who took the examination, 170passed. Of the 210 who took the examination for the first time, 156 passed. The overall pass rate for the July 1996examination was 71%, and the pass rate forall first time applicants was 78%. The pass rate for graduates of the ABA approved law schools taking the New York bar examination for the first was 81%. Erie County BarAssociation to Honor Alumni Defense attorney Herald Price Fahringer, whose clients have included Claus Yon Bulow and Hustler magazine publisher Larry Flynt, is scheduled to be the keynote speaker at theErie County Bar Association's Annual Law Day Luncheon this May 2nd. Fahringer, a University at Buffalo Law School alumnus now living in New York City, plans to discuss"Are WeAfraid to be Free?" The Law Day Luncheon also will honor winners of the Erie County Bar Association's annual awards. Winners ofthis year's Criminal Justice awards are Assistant Attorney General Diane M. LaVallee, a U.B. Law alumna, whoformerly headedErie County District Attorney's Sexual Assault Unit (The C.A.A.R Unit)and Sharon M. Simon, assistant coordinator for the district attorney's Victim Witness Program. The Erie County Bar Association's 1997 Liberty Bell Award will go to the Kids VotingProgram, which educated students on the importance of voting. The luncheon is open to the public. Tickets are $16 an may be purchased by calling the Erie County Bar Association at 852-8687 by April 25. MARINO Essay Enhancer Buddy Lists Beware! One of the most popular features on America Online isthe Buddy List, which notifies you whenever your friends are online. NowMira bills (www.mirabilis.com), hastaken thatfunctionality to the Internet with its software called I Seek You or ICQ. Once you've downloadedthesoftware from the website and installed it, ICQ will add other ICQ users to your list at your command. ICQ will notify you that they're on line and vice versa. ICQ allows you to easily initiate real time chat, exchange files or URLs and send instant messages back and forth. JOIN THE OPINION! HEY, ALL YOU 2L's and 3L's to be!!! WE NEED PEOPLE! ALL SORTS—sanity need not be a requirement. We need columnists, news writers, photographers, cartoonists, graphic artists and general, all-around go-getters! Make your resume stand-out by showing your ability to hit a consistent deadline on a tight schedule! Contact Jessica Murphy at jvmurphy(« acsu, box 755, 645-2147 or the Opinion Office, #7 in the basement. Constitutional Right to Assisted Suicide Debated hy Kristin Greeley, iNews Editor "Arelaws prohibiting physician-assisted suicide Constitutional?" This was the topic of a debate sponsored by the Departments of Phi losophy and Political Science, the Forum for Real Debate, The GraduateColl ege ofFellows, SUN V Buffalo, the Center for Clinical Ethics and Humanities in Health Care, and Group Legal Services. Participants in the debate included Stephen Wear,Ph.D., RobertKlump, J.D., RichardHull, Ph.D., and Oren Zeve, J.D. Dr. Wear was the first to state his position in the debate. He began by saying he thought the debate needed a new title. He proposed: "Do we think the Supreme Court should be judicially active in this area?" His answer to this questionwas "No." According to Wear, these laws would be unconstitutional because they are a "usur- pation of the prerogative of the people." The only honest answer to this question is that the Supreme Court should relegate the power to make these laws to the states, since the Constitution is silent on the issue. Thus, laws made by the states would not be unconstitutional. Wear said that from his own experience with terminally ill patients and the literatuie he hasread, it isclear thatpeople don't actually want to die. They merely want a better way to die and to avoid the fears associated with dying. He also expressed the concern that this is a distraction from more important issues that should be addressed by those dealing with terminally ill patients. For example, Wear said that the issue of undermedicating terminally ill patients who are in severe pain should be discussed first. Healso said that this debate may sacrifice the integrity of the medical profession. Klump was the next to speak. He approached the issue from a legal standpoint. He began by citing the case of Compassion in Dying v. Washington. In this Ninth Circuit case, the Court said that a Washington Statute forbidding physician-assisted suicide was unconstitutional. The Ninth Circuit relied heavily on Casey v. PlannedParenthood, a case that addressed Pennsylvania abortion laws, Klump said. The Court cited language in Casey about "choices central to personal dignity" being beyond the scope of a state's legislative powers. The dissent in the case, along with other commentators, criticize the court's "absurd parallel" between abortion laws and physician-assisted suicide laws. According to Klump, this criticism is misdirected. The real criticism should be directed towards the Supreme Court for its amorphous development of the concept of the "right to privacy" beginning with Griswold v. Connecticut and continuing in a string of cases which ends with Casey. The "unrestrained rhetoric" of the Supreme Court withrespect to theright to privacy gives lower courts broad discretion in applying the concept, Klump said. Klump also spoke of the recent Second Circuit case Quill v>. Vacco, in which the court, used an equal protection rationalethat therewas no distinction between allowing a patient to remove life-saving technology and taking more proactive measures. The ramifications of this case, Klump said, is that whenever a state allows a patient to discontinue or refuse life-saving measures, they must also allow them to take positive steps to end their lives. Next, Dr. Hull and Professor Zeve argued that these laws are not constitutional. The first part of their argument addressed the l*)9QCruzan case, which gave patients the right to remove or reject treat- ments that will prolong their lives. Hull saidthat most patients need some form of physician assistances endtreatment, such as removing a feeding tube or respirator. Hullcontinued by saying thatthere is no traditional lumping of stopping and not-starting life saving treatments. Hull said that the distinction drawn between "omission" of treatment and "commission" of an act masks the fact that the differencebetween the two is not morally significant. As a result of the first two parts of theiT argument, Hull said, the Court recognized a right tosuicideinCruzan. Patients rejecting or removing treatment is physician-assisted suicide, he said. The Equal Protection Clause extends to terminally ill patients not on life-support to endtheir lives, Zeve said. The state is not allowed to treat similarly situated people differently. By makingthedistincSee Assisted Suicide page 4 �EDITORIAL THE OPINION 4 OPINION ,_ ... Volume 37, No. 11 M Founded 1949 n 4> _ ~ 1X 1on A April 16, 1997 Jessica V. Murphy Julie E. Meyer Editor-in-Chief Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor April 16, 1997 y Scott Bylewski Kristin Greeley Michael SantaMaria Sami Manirath David Leone Rochelle Jackson I Assistant News Editor: Kirn Fanniff SeniorEditor: StevenBachmann Dietz The Opinionis a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O 'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper oftheState University ofNew York atBuffalo School ofLaw. Copyrightl996 by The Opinion, SBA. Any reproduction ofmaterials herein isstrictly prohibited without the express consent oftheEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed to The Opinion, or dropped off outside ofthe Opinion office in thebasement of O'Brian Hall, Room 7. All copy mustbe typed, single-spaced, andsubmitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen writtenas apart ofadialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the lawschool community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of Loo m I / I v ( The Opinion. LETTERS TO THE EDITOR: EDITORIAL: An Open Letter to All UB Law Students One thing you gotta admit about cult leaders these days: they're damned organized. The recent electric Kool-Aid Nike burnout our nation is so obsessed with, out there in California, was pulled off with the efficient aplomb of a Ford assemblyman foreman on amphetamines. If you can get a collection of highly diverse, flaky, cult-oriented people to don their new sneakers, sip their vodka, and slip under the purple triangle of death, all while paying their bills and having enjoyed various field trips beforehand, you know you're on the ball. Which is why we at the Opinion propose that UB Law resurrect Herff Applewhite, pump him full of Steroids, and put him in charge of creating our semesterly course catalog. The result? A maniac who committed suicide producing a well-balanced, scholarly listing of courses, instead of a bunch of well' balanced, scholarly people producing a catalog that turns us into maniacs who want to commit suicide. People come to law school, for the most part, to learn the tools of a trade that calls for vigorous research, practical knowledge, and concentrated familiarity with their chosen aspect of the law. From this perspective, the law school is a hardware store to which the student brings a three-year gift certificate. Shopping around with a cart of limited size, students need to purchase the wall studs of Corporate Tax, the caulk gun of Evidence, and, perhaps, the hacksaw ofTrial Technique. Bearing in mind that most people shop during normal working hours, it is a mandate of practicality that all these items be cat- egorically shelved and easily accessible. Stretchingthe analogy, the hardware store that is UB Law was stocked by an autisticsavant whosespecial "RainMan"esque talent is Making a Big Mess of Things. The tools—our courses—are littered all over the floor. The paint isn't anywhere near the primer. The nails are nowhere near the screws. Which, we suppose, is okay-because when you're getting screwed, the last thing you want is a nail up your butt. Aside from the botched stock job, however, where in the heck are the supplies? Just like not very many people saunter into "Jake's Shack of Shingles" andask for the latest in gold-plated roofing, who the heck really needs a seminar on "Law and Literature?" And whileit's very good training for theinevitable time whenall UB students appear on "Oprah," is "Law and Sexuality" really so important that we can use it to plug the hole created by a lack of more practical courses? With early morning meetings and late-night lectures, thescheduling for next semester's courses is uniquely tailored to drivethe out-of-town student mad. With a lack of practical courses to make all that travel worthwhile, the selection makes you glad that you have already been made crazy. With a catalog like this, it's only a matter of time before some charismatic law student steps forward, starts taking our money, and tells us what to do. Oh, wait a minute, the Administration does that already. Welcome to UBLaw, your cult of litigious choice. Now drink out of your special Bar/Bri mug,read your legal lines, and take those courses. Dear Fellow UB Law Students: the Council amended its bylaws to meet better the law students' needs. The The New York State Bar Association (NYSBA) wants to help you make Council's mission furthers the goals of NYSBAby: the contacts and obtain the information you need throughout your legal career. With a network of nearly 60,000 members composed of attorneys, judges, legal educators, and law students, you can take one vital step in your professional development. By joining NYSBA for $10 a year, less than $1 a month, you can take that vital step. Law Student Membership Benefits Through your NYSBA membership, you can receive many benefits. Some benefits include: Publications: New York StateLaw Digest (contains statutory and case law development, and is an excellent publication to use while preparing for the bar exam),New York StateBar Journal(substantive articles on timely legal topics), State Bar News (reports on NYSBA activities), andTheßeporter (NYSBA Law Student Council Newsletter). Competitions: NYSBA annually conducts awards and competitions for law students and schools. Educational Program Discounts: Law student members receive substantial discounts on CLE courses. Substantive Law Speakers: Some sections maintain formal rosters of volunteer speakers for law school events. NYSBA Law Student Council To facilitate the exchange of information and ideas among students and to enhance student participation in NYSBA activities, NYSBA formed the Law Student Council in early 1994.In April 1997, Promoting law student membership, organizing and conducting educational, professional, and social programs. Fostering inter-school communication and collegiality, and providing a forum for the expression of law student views. Advocating on behalf of the members of the Council to define and implement policies and priorities in the area of legal education. The Council consists of two representatives from eachof New YorkState's 15 law schools a total of 30 Representatives. The SBA of UB Law School can either elect or appoint a Representative. The NYSBA Law Student Council appoints the second Representative. All ex- — ecutive and administration powers and duties ofthe Council vest in the Executive Board. The Council's Executive Board consists of a chair, three vice chairs, a secretary, ahd a NYSBA Staff Liaison. Conclusion If you have any questions concerning becoming a NYSBA Representative or about NYSBA membership, please feel free to leave a note in my box (#327) or can e-mail me at: you bylewski@acsu.buffalo.edu. I look forward to hearing from you soon. Good luck on all of your papers and finals. Scott Bylewski, 2L Chair, NYSBA Law StudentCouncil �NEWS/FEATURES April 16, 1997 ... Dear Audrey THE OPINION Law Conference cont'dfrom Special to the Opinion from Audrey Koscielniak, Assistant Dean for Career Development Dear Audrey— I need help! How do I handle interview questions that are against Title IX? I really need ajob, but I'm uncomfortable with some things I've been asked. Up The Creek Dear Up the Creek: also leave you disappointed withyourself. Answer the question, but also indicate (advise, remind) to the interviewer that it is an inappropriate question. Tact is the key here. Refuse to answer the question. This Amazing as it seems, illegal and inappropriate questions continue to show up in interviews. The questions come from all sectors, public and private. Sadder still they come from lawyers AND judges. Many legal employers share your distress about these lines of questioning. They go to great lengths to train and condition their interviewers to conduct proper and effective interviews. They usually achieve their goal. However, there are a number of interviewers who fail, are oblivious to or ignore the legalities and proprieties of interviewing. They include those who: made a mistake (know they asked a wrong question and regret it); do not hire often enough to know or invest in learning current standards; -yedo not know they have a problem (they' always asked these questions; no one has complained); are terrific lawyers; therefore assume they are terrific interviewers; see their questions as "friendly conversation" inexperienced interviewers who do not know what to ask; attorneys who do not see themselves as prejudiced and believe that your response will not influence their hiring decision); believe that if you precede an illegal question with the phrase, "I know I shouldn't ask this but...," it becomes a -- legal question. In all ofthe above cases, illegal questions potentially can result in an interviewer being sued by a candidate. WHAT'S ILLEGAL? As describedby H. Anthony Medley in his book SWEATY PALMS: THE NEGLECTED ART OF INTERVIEWING (available in theLaw Library) illegal questions are those which directly or indirectly "reveal information as to race, creed, color, national origin, sex, marital status, disability, age or arrest record." Mr. Medley thenadvises readers that an unhired candidate putting in a discrimination claim must show that "[t]he question must have been asked for the or have the purpose of discriminating effect of discriminating against you." Therefore, while not every illegal question is a valid lawsuit, every illegal and inappropriate questions can have a chilling effect on the interview. ... HANDLING THE SITUATION General Strategies Some questions may not be illegal, but they can still be offensive. Both types of questions will requiring "handling" by candidates. Identifying whereyour interviewer falls in the above listed categories may help you decide which response to take. - Answer the question. Just because the question is illegal to ask does not mean it is illegal for you to answer. This may appear the easiest way out, but can AGE 1. How old are you? Suggested Response: "I wish to be evaluated on my skills, competence and experience. My age is irrelevant." 2. What is your date of birth? Suggested Response: "I feel my age is an advantage at work in terms of the broad-based experienced it has afforded me." 3. How would you feelabout working for a person younger than you? Suggested Response: "Age does not interfere with my ability to get along with others. I am adaptable and respect supervisors who are knowledgeable and competent." NATIONALORIGIN 1. Where were you born? 2. Ofwhat country are you a citizen? Suggested Responses: "Actually, I m approach can put you out of the running. However, when done in a tactful, nonconfrontational manner this can be an opportunity to shine. If you feel strongly about the question, be true to yourself and take this route. If the employerrejects you, it is not the place you want to work. Get behind the question and provide the information the employer really wants to know. For example, a question about the number and ages of your children is not so much arefusal to hire parents, as a concern about your reliability. Assure the employer that there are no obstacles that would prevent you from meeting time commitments to the firm. File a complaint withCDO. No matter which response you take, always inform CDO about the incident, at least verbally. To make it official, put it in writing. If nothing else, it keeps the details. Many law officesappreciate knowing how their interviewers perform because it reflects back on their organizations. Your feedback is vital. Specific Strategies am American to the core, and America consists of people from many national origins. Since it has been my home for so long, I feellike a native." "I am proud that My herimy background is tage helps me to deal effectively with people of various ethnic backgrounds." . HANDICAPS 1. Do you have any handicap? 2. As a handicapped person, what help are you doing to need in order to do your work? Suggested Responses: "Any disabilities I may possess would in no way interfere with my ability to perform all aspects of this position." "Actually, I don't need help doing my work because I have been adequately trained,. What I need might be minoradaptations of the work station and a supervisor who hires me for what I can do rather than for what I cannot do." RELIGION 1. What is your religion? 2. Do you have any religious beliefs that wouldprevent youfrom working certain days of the week? Suggested Responses: "My religious preference should have no relation to my job performance." "If working on evenings or weekends is actually a part ofthe jobrequirement, I would prefer to discuss that after we know whether or not I am the person you most wish to hire for the posi- The following examples of typical illegal questions and suggestedresponses ; tlOn RACE OR COLOR is taken from a handout provided at a '. of the National Association for meeting heritage/ 1. Are you of Law Placement. Copies ofthis and other race? handouts about illegal/inappropriate ques2. Do you feel that your race/color tions are available in Rtn. 610. will be a problem in your performing the job? GENDER Suggested Responses: "I do not feel 1. (Asked of women) Do you have I should be judged on the basis of race or plans to having children/family? color." "I've had extensive experience Suggested Response: "I don't know working with people with a variety of at present. I plan on a career and believe backgrounds. A person's race, whatever it will be successful with or withoutfamit may be should not interfere with the ily." work environment." 2. (Asked ofwomen) What are your GENERICANSWER marriage plans? Suggested Response: "If you are concerned with my ability to travel or my commitment to my employer, I can assure you that I am quite aware of the job's responsibilities and personal commitment. 3. (Asked of men) How would you feel about working for a women? Suggested response: "There would no be problem. I have effectively worked with men and women while in school." 5 The Career Development Officehas informed me that I am not required to answer an illegal question and questions about are illegal. Do you have a job question for Audrey. Ifyou do, please send it in to the Opinion! Either e-mailyour question to: jvmurphy@acsu. huffalo.edu, drop a mite outside the Opinion office or call the Opinion office at 645-2147. pagel for an attorney is to be efficient with discovery, he said. Attorneys must findagreat dealofinformation without spending a lot of money. Davjd Stiller, Esq., addressed the issue of using experts in the discovery process. Experts are mostly used for valuing assets, he said. The important thing is to know when an expert is necessary and when you can do without one, he said. This is because experts are costly, and the attorney must use cost-effective discovery methods. Whenever possible, the parties should stipulate to the value of the assets, he said. Also, the parties can testify to the value ofpersonal property if necessary. Mark Hirschom, Esq. spokeabout preparing for a trial. He said that preparation is the key, as is adhering to deadlines. Hirschorn said expert witnesses must be prepared so they can explain things in a way everyone can understand. The client should also be prepared by showing them the courtroom, and reviewing the procedures, he said. "Prepare and ye shall win," Hirschorn said. The last speaker was Professor Birzon, who spoke about evidentiary issues. The job of the attorney is to ■'rescue truth from the clutches of greed." Yetthe truth is only relevantas far as you can prove. Birzon said from the beginning you are looking for facts that you can get into evidence, because you never know if youare going to settle a case or if you will have to take it to trial. Tell us your opinion! If you have an opinion on anything published in our newspaper or on any current events topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as apart of a dialogue and must not be longer than two pages doublespaced. Perspectives are generallyopinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, singlespaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. �THE OPINION 6 NEWS/FEATURES April 16, 1997 Moot Court Update by Julie Meyer, Managing Editor This semester, the Buffalo Moot Court Board had seven teams represent UB Law in National Moot Court Competitions. 3L Tom Rhee and 3L Dan Ullman traveled to Tulane Law School in New Orleans, Louisiana to compete in the 1997 Marti Gras Sports Law Competition, held from February 5-7. 34 teams from all around the country participated in the Sports Law Competition with only 16 teams advancing to the third round. The Rhee/UUman team's brief placed in fifth out of the 34 submitted. For Rhee, "[t]he most memorable moment of the competition was watching the entourage of people, coaches and cheerleaders included, coming in with each team." 3L's Julie Vande Veldeand Denise Yates participated in a Constitutional Law competition held at the William and Mary Law School on February 19-22. At Duke Law School, on March 79,3L'sColleen Farrell and Bill Santmyer competed on the topic of Legal Ethics, finishing the competition as QuarterFinalists. Also, on March 20-23, 3L's Catherine Nugent and Dave Marshall traveled to New York Law School to participate in a Labor and Employment Law competition. Two teams this past weekend went Catholic University to participate in a competition on Constitutional Law. 3L's Mike Plochocki and Jeremy Schulman comprised the first team, representing the Petitioner, and 3L's Bari Levant and Scott Philbin made up the second team, representing the Respondent. The competition centered around the case ofReeves v. Ernest & Young, with main issues being 1) whether the use of a thermal imaging deviceconstitutes a search in violation oftheFourth Amendment of the Constitution and 2) whether the defendant participated enough in the underlying offense to be implicated underRICO. Schulman and Plochocki were semifinalists. to BUFFALO MOOT COURT BOARD NEWS On Tuesday, March 25,1997, the Buffalo Moot Court Board elected its new Executive Board for the 1997-98 school year. Congratulations to all of the Associate Board Members who have been promoted to Senior Board status. Also Congratulations to the following individuals who were elected: 1997-98 elected officers: Executive Board Next weekend, 3L's Karen Richardson and Scott Lovelock will travel to Washington, D.C. to participate in the Thurgood Marshall Memorial Moot Court Competition sponsoredby the Federal Bar Association. Their issues deal with racial harassment in a school, namely whether comments made by a Caucasian teacher to an African-American teacher are actionable under the First Amendment and whether the Caucasian teacher'scomments fromamonth prior to the litigated incident can be looped into the current case under the Continuing Violations Theory. President: Angela Zwirecki Vice President James Hanlon Treasurer: Judges Chair: Jennifer Ruppel Scott Riordan Other Elected Positions National Competitions Committee: Amy DuVall Greg Mattacolla Lourdes Ventura Public Relations Chair: Kathleen Garvey SBA Meeting Minutes BySA. Cole, Staff Writer The Student Bar Association convened for the penultimate time of this TheseAre The Facts... sf]o\. semester, on Monday, April 14, at 8:30, in room 209. Quorum was met and two votes were conducted. The first vote was a conditional allocation of $250 to the Students of Color for their end of the semester dinner, to be used as necessary. The motion carried without objection. The second vote was on a motion to order pizza for the final meeting ofthe semester. The motion passed unanimously. This meeting will a the large, and: usually lengthy, Budget Meeting, wherein various SBA-funded groups gather for their semesterly allocation of funds. 2L Nathan Van Loon was elected to be the SBA representative to Sub Board for 1 the 97-98 academic year. Van Loon is currently the president of Sub Board I. The last proposal ofthe meeting was from next year's SBATreasurer,Brenda Torres, who, in the context of disscussing SBA funds,said, "We shouldn't have to worry about money, we know the administration will carry us." To which current SBA Treasurer Bari Levant responded, "What school do you go to?" The meeting adjourned at 10:37. The SBA's final meeting, for the Budget, will be on April 28. IS$S> Make your resume pretty. Join the Opinion! We're looking for features and news writers for next semester. This is a great way to get involved and make connections in the community. Drop a note in box 755, swing by the office in O'Brian 7 or e-mail The Central Park Grill You Be The Judge Sundays Joe Head Friday. 4118 Bread Gone Wry (Alternative) V ,C CCr Tuesdays Gamalon Wednesdays The Need 4126 Emery Nash The Quizmaster Saturday. Friday. 512 The Maniacs (Grateful Dead) Thursdays Willie & The Reinhardts 513 Random Acts of Kindness Saturday. ENJOY BANDS. BURGERS & y KITCHEN SERVING y. // BUFFALO FAVORITES 'TIL CAM "^ �April 16, 1997 THE OPINION 7 Jessup Moot Court Toronto Competition ATTENTION, GRADUATING SENIORS The following people were nominated as student speakers for commencement. They have accepted the nomination and submitted a proposed address topic. The student speaker will have 5 minutes to address the graduating class during the commencement ceremony. Only one person will be selected. - Valeric Curry Bradley "Looking Beyond Stereotypes" As future attorneys, we will certainly be associated with every bad lawyer that ever walked the earth. Mrs. Bradley will briefly discuss managing damaging stereotypes; especially converting the negative into positive experiences while embracing the challenge. Michael Holland "Social Justice and the Lawyer" Craig Hurley-Leslie "Atticus Finch, Meet Dilbert: Can an Individual Humanist Lawyer Find Happiness in a Cubicle?" - What have we learned during our three years of law school to prepare us for this transition from legal study to modern legal practice and where have we learned it? Mr. Hurley-Leslie's proposal is to suggest an answer to these two intertwined questions by looking back at our three years together as both friends and colleagues, and by looking forward to our years ahead practicing law in a Dilbert kind of world. David Luzon "Completing Law School: Celebrating More Than the Degree" MjW fTll wL. William McDonald "Challenges We Face in a Changing Legal Landscape" Johanna Oreskovic Our class has witnesses the transition from the old curriculum to the new, without having fully experienced either. But because we have been a class with a foot in both worlds, perhaps we are in a unique position to recognize the relationship between the practical without which we would lack the tools to articulate a vision and engagement with larger questions the law asks, without which we would lack vision itself. - - : Leslie Platt "From Socrates to Skadden Life Beyond the Law School Experience" - Ms. Platt will focus on the idea that despite our differences, we now all share a common bond developed during our three years at law school. This experience will be something that we should and will reflect upon throughout our lives and careers. Karen Richardson "Maintaining Idealism" - Ms. Richardson's speech would discuss the importance of maintaining idealism in a profession that can be emotionally draining and is often viewed by both its own members and the general public with cynicism. Idealism may be defined as the ability to maintain over time a sense of pride and purpose in our everyday work; a sense that what we are doing is making a difference in our community. Jeremy Schulman Mr. Schulman plans to reflect upon our tenure at UB Law School through a survey of some of the serious and not so serious moments of our three years. Mr. Schulman plans to highlight some of the occurrences which have shaped our experience and some of the features which define our school and show how they have grown our personal and collective characters preparing us well for any future endeavor. - - Nadia Shahram "The Role of Lawyers in Society" How can lawyers help reduce the incidence of crime and family violence and can these goals be achieved? Cast your vote in Room 306. The winner will be posted by the mail boxes on April 21. �8 THE OPINION April 16, 1997 BAR REVIEW ATTENTION ALL LAW STUDENTS Last Table of the Semester will be on Wednesday, April 23rd gp $f9 This is your last chance to lock in your discounted tuition! Trust BAK/BRl's POWER OF EXPERIENCE to work for you |V\ m£ S g iP r wm\ OA M ntVltn UOr | preSGfnS mm BAR/BRI Tuition with p NO MONEY DOWN! Complete an enrollment card NOW Pay your $75 registration fee by July 15th to maintain your locked-in tuition. Stop by the BAR/BRI table at your law school for more information! g ■P^ Apr � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1997-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion no. 11 16.04.1997 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1997 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 37 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/55228cc90a516d68414c37dc9f423d51.pdf a7a277915553b3cee7215723275457a3 PDF Text Text J H J NEWS 2L Wins NYSBA Student Council Chair. See page 3. Bringing the Issues to the J FEATURES OP\ED Saying Goodbye to Our Graduating Seniors. See page 4. Students Since 1 May Horoscopes. See page 7. SJ49 THE OPINION Volume 37, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Student Groups Fight Over Funds at Final SBA Meeting by S.A. Cole, iNews Editor On Monday, April 28,1997, the StudentBar Association had its final meeting of the year. Members of the. current Executive Board, who are slated to turn over their offices on Thursday, May 1, worked with leaders from law school student groups to set the administrative and group budgets for the upcoming year. Groups with smaller budgets, such as PAD, Outlaw, and the Criminal Law Society, received their funding with relatively little bickering. The lack of a discretionary fund to meet budget requests forced groups to look elsewhere withinthe outlined budget for the money they wanted. Othersfelt that the silent majority of students who attend social functions at UB Law needed to be represented, and such events could not be totally snuffed Under fire were the Barrister's Ball, Minority Dinner, First-Year Orientation, and other social functions that are part of the SBA's Administrative Budget. Many studentleaders expressed frustration over the Barrister's Ball having a $2,000 allocation that could have been used to bolster the budget ofthe Environmental Law Society, or the Entertainment and Sports Law Society. SBA members and groups leaders alike protested and supported the attack upon theschool's relatively skimpy social budget. Many felt that any social function was secondary to the need for UB Law to have quality publications and academic out. Two Co-Operative internships, under the sponsorship ofthe MedicalLegal Society and SOLAR, were unable to be granted immediate SBA matching funds with the other seven Co-Op internships, due to discrepancies in their accounts. The Pagan Legal Society was unrepresented, and was thus deniedfunding. The meeting was not over when The Opinion went to press at 11:30p.m. events. Annual Student Dinner Recognizes Graduating Seniors, Honors Professor Meidinger by Rochelle Jackson, Editor-In I -Chief The end is near. Graduating seniors say their good-byes and forge on to r respective legal careers. They will leave their legacy of suc- to say congratulations to all ciation(BLSA), Latin American Law Student Association (LALSA), and Native American Law Student Association (NALSA). This year's keynote speaker was Siu cess and triumphs to other students here This was the theme of the Annual Minority Students Recognition Dinner held on Each yea the dinner celebrates gradu ating senior andrecognize one professo who was in Professor Meidinger with Jacob Hyman Award strumental i students' sucMei. Mci is a graduate of Harvard Law cess while at theLaw School. This year's School, Harvard Radcliffe College and a recipient of the Jacob D. Hyman Award, Skadden Fellow at the Asian American Professor Errol Meidinger, was nomiLegal Defense and Education Fund where nated by graduating seniors. sherepresents low wage immigrant workThe Dinner began ten years ago and ers and handles otherrelated labor issues. has been held annually since. It was Mci began her speech by congratulating originally called the Legal Methods Dingraduating seniors. ner but this year the named was changed "I came across several recent arto the Annual Minority Students Recogticles addressing thelegal profession. The nition Dinner. The organizing commitarticles were titled 'Politics and Patholtee was comprised of members from the ogy of Legal Education' and 'Psychiatric Asian American Law Student AssociaDistress in Law School.' So 1 would like tion(AASLA), Black Law Student Asso- Jackson Rochel by Phot graduating seniors," Mci said. "Study after study shows law students grow detached. Legal education requires you sever the personal from the professional. Not all ofthis is inherently bad. However, law is something that needs to be continually engaged in to remain vital and productive," she said. Mei's speech encouraged students to constantly challenge the legal system. "You are all the gatekeepers to the legal system. There is a scarcity of attorneys; each and every one of you is needed. You all have the potential to live greatly in thelaw. You can all make a difference," she said. Advocating the needforattorneys, Mci also emphasized the importance of pro bono work saying that it could be worked into any busy schedule. "Even fledgling attornies can engage in pro See Annual Dinner page 5 April 30, 1997 Medical Legal Society Sponsors Orgarty Tissue Donation Drive by Hochcllc Jackson, , Editor-in-Chief Did you know that at the time of death, one person could save the lives of 75 others through organ donation? That's why the UB Legal-Medical Society sponsored its first organ donation drive on Thursday, April 24, 1997. The purpose of the drive was to make more students aware of facts such as these and to implore more people to donate "1 would like to know that when I die, i could possibly save at least 75 people. There are over 40,000 people waiting on United National Organ Sharing list. At least seven people die daily waiting for organs,"said 2LDeru'seGrey, the secretary for the Society. Grey further explained that the United National Organ Sharing list is a list of people within the United States waiting for donor organs. The LegalMedical Society was founded in 1996by a group of law and medical students concerned about the number of people who die because ot the lack ot available organs. "Most of us in the Society have some medical or medical insurance background Today there are a lot of lawyers with medical training," Grey said. The Society, however, is not restricted to those with a medical background. According to Grey, many of the current members joined out of general interest and concern. Grey felt the drive necessary,. "Because it was something important to do. We're very fearful for the UB law school community for being so receptive to something like this. We also want to See Drive page 2 I*" Jackson Photbyßcel Denise Grey, Secretary of UB Legal- Medical Society �THE OPINION 2 Drive NEWS April 30, 1997 continued from page 1. thank B.C. as well as all of the students who came out and showed their support and interest, and especially BC." Student reaction to the displaytable, which was aimed at enlisting the general public to donate, was mixed. "I've always wanted to do this. I've just never figured out how," 3L Sharin Saks said. One student appeared uncomfortable when learning what thedrive was forand "We use this as a vehicle to get people to talk to their families about their decision. You need two witnesses' signatures when you sign the card. We suggest you get at least one family member to serve as a witness," she said. Grey stressed that many doctorsfear liability and will often refuse to excise organs in if the family refuses. Depending upon state law, a family member may leave, he offered a to I Jackson money donation. 1 l KocfieU plained that his reaction is not un- by Phot erallyun- comfort- Denise Grey, Society member Janet, Kimberly Shaffer, VP when discussing organ donation. She believes it is because, "People don't like to deal with death and mortality. Most people in their 20's don't like to believe they're going to die," she said. When family members learn of a loved one's death, they are usually in the grieving process and do not want to concern themselves with other outside issues. According to Grey, the card is an attempt to get donors to discuss their decision with family members. need to give consent before organs or tissues are removed even if the donor has already given his or her consent. When questioned by students whether theirdonor status on their driver's license sufficed, she responded, "Many doctors won't adhere to driver's license which is unfortunate for those people My son, Daku, was driving a motorcycle when he was hit by a car and killed. In the hospital was the most difficult time of my life. But because we had discussed organ and tissue donation, it helped me, it helped my family, it helped everyone in making the decision to donate (~\yanyi j£-»TICCI Jj? € his organs and tissues. Every day I tell people, talk it over. Don't ■ '»*■ l> WiM ■ ■*■ i■ yourdeasion. be afraid." Foryour free brochure about organ and tissue donation, WPH call 1-800-355-SHARE. CoLncS Coalition on Donation __ _ who have it on their license." Rich Mooney, President of the UB Legal-Medical Society added that they are constantly seeking new ideas and members. Photoby Gregory He\sler Attorney Shares Advice on Finding Employment by Brian J. Kelly, Esq. Special to the Opinion Mr. Kelly is executive director of the American Association ofLegal Employment Candidates (AALEC), a legal job search database company. OK, so you've done the on-campus interview thing. Now what is the most burning question you will ask yourself after you take the bar exam? The fact is that the great majority of law students will not finda full-time legal jobby the timethey graduate and take the bar exam. In fact, according to the latest figures from the National Association for Law Placement in Washington, morethan 29% of the most recent class of law students did not have a full time legal job six months after graduation. But all is not lost! There are other job search avenues available to you. Below is a run down of legal job searchtools available to youand an evaluation of the effectiveness of each. 1) LEGAL EMPLOYMENT RECRUITERS (a.k.a. Head hunters) These are people and companies paid a commission by potential employers to find a candidate to meet a law firm's specific need. Should you use them is not the question, but rather, can you use them. It is doubtful that you will be able to use them. They don't want you. Think about it, a headhunter is out to make money by delivering someone with a special qual- ity. They can't make money off of you. There are 40,000 students that are about to graduate from law schools across the country within the next two months. All of these students have taken torts, contracts, legal writing,participated in mock trials or moot court, and some have written on some type of legal publication. All of these eager graduates will gladly present their resumes to any law firm who takes out a four line ad in the classified section of any legal newspaper. So why would a law firm spend tens of thousands of dollars in commission to a headhunterfor a candidatethatthey could getforfree. Theansweris: they wouldn't. The firms using headhunters are looking for a few highly specialized or at least highlyseasoned attorneys and don't want to be inundated with thousands of resumes from people with no experience. Advice: Give them a try, but don't expect them to put a lot of effort into your job search unless you also have a Ph.D. in electrical engineering or a medical degree. And whatever you do, DON'T ever lock yourself into an exclusive contract with any one headhunter. 2) LEGAL CLASSIFIED ADS POSITIONS AVAILABLE - Try it and keep trying it. All it costs is the price of a stamp to stick your resume in the lottery withall of the others that a firm receives for its four line ad looking for attorneys. The good news is that a lotof theads actually announce that they are looking for attorneys with 0 to 3 years experience. So, youknow you are not compet- ing with the seniorpartner of a large Wall Street firm, who wants to switch locations. More good news, you as law students can freely answer the "blind ads" that appear in the classifieds. These are the ads that direct the applicant to send his or her resume to a P. O. box. Blind ads usually strike fear in the hearts of attorneys who are already working. That's because they never know who is going to receive their resumes. If the blind ad is from their firm or a firm closely associated with their firm, it could spell disaster. I most recently heard of a person terminated on the spot when his resume wound up on the desk ofthe hiring partner of his own firm; this despite his specific instructions to the newspaper not to send his resume if the blind ad was for his current firm. But since you have nothing to lose, send away to any and all blind ads. The problem with relying solely on the classified ads is that there are very few new jobs listed on a weekly basis. You will be hard pressed to find more than six new job openings in any one week. Whileit is still a good idea to check out the ads, you will quickly find that your weekly job search consists of a two minute perusal of the paper, an hour on a tailor-made cover letter to accompany your resume, and then sitting around for a week until the next issue of the paper nity that he or sheis available for immediate employment. This is also about as effective as wearing a billboard around your neck that says: "Hire Me!". Unless you have some highly specialized or unusual background that you feel should be announced to the world and you just don't know how to target the firms that would want to avail themselves of your services, this technique only comes out looking like an act of desperation (which may be the case, but you never wantto let a potential employer know that you are desperate.) It is also quite expensive to keep those ads running week after week. Not to mention the longer the ad stays in the paper,the more desperateyou look(which probably is the case, if you have to keep paying for the ad). 4) THE INTERNET If you surf the net to see if there are any legal job openings, that's great. My comments about "Positions Available" apply here. You should feel free to send your resume to as many places as you want. If, however, you want to place an ad announcing your own availability, then my comments about the "Positions Wanted" apply. The only difference is thatnow you look like a "high tech" loser. comes out. - 3) CLASSIFIED ADS POSITIONS WANTED This is the one where the would-be lawyer announces to the legal commu- See Job Search, page 7 �NEWS April 30, 1997 THE OPINION 3 BRIEFS 1L Wins NAPIL Fellowship regarding affordable housing for ex-prisoners. The program offers a stipendfor ten weeks based on the VISTA rate for this summer. Brown will attend the VISTA training session in Washington, D.C. at the end of May before going to Connecticut. "I'm very honored and excited to be 1L Melissa Brown 1LMelissa Brown will participate in President Clinton's Volunteers in Service to America (VISTA) Program this summer as a result ofwinning a fellowship the program sponsors in cooperation with the National Association of Public Interest Lawyers (NAPIL). The fellowship places about sixty students in community outreach programs around the country. About 450 applicants applied for this summer's program. Candidates were selected and interviewed by each individual agency. This summer, Brown will work with the Resettlement Program of the Connecticut State Prisons in Hartford, Connecticut. The program aims to reassimilate past offenders into society after theirprison stay. The program attempts to find affordable housing and educational programs for its participants. Brown will be workingwith the Connecticut State Legislature on legislation chosen for this program...lt's really important to me to be able to give back to society because I've been so blessed...l believeit'smyresponsibility to help someone get a second chance, " Brown said. How a Bill Becomes Law at Hoyt's Office by Anne Bevilacqua, Special to the Opinion This semester, four University at Buffalo Law students made state history through their experience as interns at Assembly Member Sam Hoyt's District Office. Bari Levant (3L), Jennifer Noah (2L), Joel Java(2L) andAnne Bevilacqua (2L) enteredNew YorkState history books by helping draft legislation that has been introduced into the New York State Assembly. The bills have recently been entered into the New YorkState Assembly. Most of the bills currently have Senate sponsorship and the office expects the same on the remaining bills. "Law school is so much theory, it is difficult to feel like you are accomplishing anything," said Levant, "However, working on this bill finally made me feel like law school enabled me to do something important." Levant helped draft the much publicized City Residency Requirement Bill for Buffalo Police and Firefighters. "Even though this bill is highly controversial, I believe that it will be a huge benefit to the City of Buffalo for years," said Levant. "All of our interns worked on bills concerning important issues that will potentially become New York State Law," said Hoyt. "It is an honor to enable these students to make such an important impact in New York State. I am very happy that all our interns have such a great opportunity to make a difference." Java, whohopes to join the FBI after graduation, helped draft two bills that would change part of the New York State Penal Code. "Someday I may open up McKinney's and see the law that I helped draft," said Java. "It would be great to go before a judge and know exactly what the legislators meant when they wrote a law because I was involved before the bill even became law." "Everything that we do at Hoyt's Office effects our lives directly. The staff allows us to work on issues that we are interested in," said Noah. Noah worked on two bills that will have significant affects within the SUNY system. The first one allows a 50% tuition waiver to children of SUNY workers and the other would eliminate sales tax on textbooks. 2L Elected Chair of NYSBA Law Student Council Bevilacqua's bill would require mandatory labeling of any video tape that has been altered for content. She said this bill is important because consumers have the right to know exactly what they are buying. Congratulations BPILP Fellows! Congratulations to the following BPILP fellowship winners: Theresa Cusimano, National Institute for CitizenEducation Law, Washing- ton, DC; *Radhika Iyer, United Nations Spe- cial Rapporteur on Violence Against Women, Sri Lanka; *Patrick Maher, Legal Aid Bureau, Inc., Housing Unit, Buffalo, NY; *Mindy Marranca, Unemployment Action Center, New York, NY; *Jay Ovsiovitch, Makerere University Human Rights and Peace Center, Uganda; *Kinda Serafi, Westchester Putnam Legal Services, White Plains, NY; * Adam Small, Legal Aid Bureau I nc., Civil Litigation Unit, Buffalo, NY; *Arthur Wemegah, Legal Aid Bureau Inc., Criminal Appeals Unit, Buffalo, NY; *Lourdes Ventura, Legal Resources Center, South Africa; and *Baeta Banas, Legal Services for the Elderly, Buffalo, NY. Enviornmental Symposium Cancelled The Environmental Law Symposium scheduled for Friday, May 9, in the Center for Tomorrow on the University at Buffalo North (Amherst) Campus by the En- vironmental Law Colloquium has been cancelled. Correction by Kristin Greeley, Senior Editor was elected chair. Recently, 2L Scott Bylewski was The Law Student Council's mission elected chairperson ofthe New York State has three parts: "promoting law student Bar Association's Law Student Council. membership, organizing and conducting As chair, Bylewski will preside educational, proCouncil and meetings over repfessional and soresent the Council to therest of cial programs; the Bar Association and outinterfostering side organizations. school commuThe purpose ofthe Counnication and colcil is to "facilitate an exchange legiality, and of information and ideas providing a foamongst Student Bar leaders rum for the exto and enhance opportunities oy pression of law for participation in N YSBA acstudent views; tivities by law student memand advocating bers." on behalf of the Bylewski developedan inmembers of the terest in the N YSBA Law Stuto deCouncil dent Council during the winter 2L Scott Bylewski fine and impleof his first year. Hoping to ment policies and priorities in the area of become involved, he spoke withKathleen education." legal Sullivan, the NYSBA Liaison to the Law According to By lewski, since itsforStudent Council. She told him that UB mation in 1994, the Council has primastate was the only law school in the that focused on the first two prongs ofits rily not did have any representatives on the mission. these lines, the NYSBA Along council. has two events here at UB: co-sponsored PresiBylewski contacted then-SB A Fall 1996 Entertainment and Sports dent George Hamßoussi about becoming the speaker Law and Symposium Kirn a school's ÜB's representative. Usually, Walton. representative is its SBA president or his/ lewski hopes that under his diher proxy. Additionally, the SBA has the the Council will focus more on power to appoint a representative. After for students, the third prong of :y to some deliberation, the SBA agreed the mission. appoint Bylewski to the Council. At the "Studentshave needs andwants that Council meeting on April sth 1997, he MSaanirmthi Phot E are not being addressed as adequately as they should be...1 want the Council to help the students," he said. To further this goal, the Council has recently amended its bylaws regarding student representation. Student Bar Association presidents are no longer automatically members of the council, but the SBAstill has the power to appoint or elect one of two representatives each school is allowed. The Council then appoints a second representative from a list of interested parties from each school. Bylewski said this change was made because fewer and fewer SBA presidents had time to be Council representatives, leaving their schools unrepresented. The new system allows for morecontinuity in representation. "Every school deserves to be represented," he said. Kathleen Sullivan, the NYSBA Li- aison to the Law School Council, said she is excited about the upcoming year. She is most encouragedby the Counci 1's newest project, their newsletter theßeporter, which will be published three times per school year. 2L Mickey Osterreicher wrote a story for the latest edition. Sullivan also hopes to implement additional educational programming and increase the Council's visibility on law school campuses. "I'm very pleased that Scott is chair...l think he'll do a great job; he's very committed to the Council," said Sullivan. In the last issue of The Opinion, the titled, Constitutional Right to Assisted Suicide Debated, was not jumped to page 4 as the end ofthe story indicated. We have included the portion of the story which was not jumped as well as the two paragraphs preceding it, story Assisted Suicide Cottt'dFrom Last Issue by Kristin Grecley, News Editor As a result of the first two parts of argument, their Hull said, the Court reca ognized right to suicide in Cruzan. Patients rejecting or removing treatment is physician-assisted suicide, he said. The Equal Protection Clause extends to terminally ill patients not on lifesupport to endtheir lives, Zeve said. The state is not allowed to treat similarly situated people differently. By making the distinction between those who want to discontinue treatment or not begin treatment and those who want to take more proactive measures to end their lives, the laws are treating similarly situated people differently, Zeve said the states use medical technology as "both a swordand a shield" when they commit this hypocrisy. This hypocrisy is also a violation of equal protection, he said. �EDITORIAL THE OPINION 4 April 30, 1997 ASFSDSDFSD THE OPINIQii l mm 37, No. n Volume 12 \/ Founded 1949 Rochelle D. Jackson Editor-in-Chief I 1 %w . .. I an IfUVT 1997 April 30, Cindy Huang Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: Layout Editor S.A.Cole Michael SantaMaria Senior Editors: Jessica Murphy, David Leone, Julie Meyer, Kristin Greeley TheOpinionisa non-profit, independent, student-owned andrun publication funded by advertising fees. The Opinion, SUNY at Buffalo AmherstCampus, 7 JohnLord O'Brian Hall,Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaperolthe State University of NewYork at Buffalo School of Law. Copyright 1997by The Opinion, SBA. Anyreproduction ofmaterials herein is strictlyprohibited withoutthe express consentofthe Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday precedingpublication. Submissions may either be mailed to The Opinion, or dropped offoutside of the Opinionoffice in thebasement of O'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted onpaperand on a computerdisk (IBM-WordPerfect 5.1). Letters arebest when written as a part of a dialogue and must be no more than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more thantwo pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily thoseof the Editors or Staff of The Opinion. EDITORIAL: As exams encroach upon our lives, the delicious terror of facing the real world begins. The Class of 1997 prepares to survive the bar exam and the job market—some more ferociously than others. The past three years have aged us in good and bad ways.. Just take a look at the face book! Do you remember how you felt when you arrived at school for the first time? Whether or not you slept well the night before the first day of school? Who you knew and who you discovered? While there isno doubtthat our legal education is a precious commodity, we were blessed in a second way through therarified atmosphere of legal academia-friends. Intense friendships born from everyday exposure to education, a small social environment and self-imposed pressure to succeed. Friendships filtered through our background and honed from our surroundings. Law school was sort of like high school. We even had lockers! We knew everyone's business before they did. We've spend three years focusing on one goal, and we inadvertantly blew our microcosm out of proportion some times. It's really amazing how fast the stress brought out the worst in us when it came to people we didn't know. We have a lot of neat things about our school which we do not see because we are part ofthe picture still. We complained—and still will complain—about UB Law a lot. There are things that could stand some improvement...but the difference I see at UB Law is how we band together to help each other. Remember how quickly the lone razorblader was snuffed out? How quickly we shared those outlines? We were guinea pigs. We tested out the Research and Writing program. Those professors learned from teaching us. We learned that no matter how many small If you have an opinion on anything published in ournewspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer thantwo pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotboxoutside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events assignments we did that year...the appellate brief was one of the most important and hellacious projects we completed. We were the last class to experience theLawyering with Professor Headrick—now the Provost of ÜB. We were the last class to compete in the Desmond Moot Court Competion as 3L's, the last class to experience the long semesters and the first class of lL's to deal with professors making a transition from four credit hour classes to three credit hour classes. We also had the joy of experiencing not one, but two tuition raises. We have that weird grading system, but at least this is an interesting topic to talk about when you go on a job interveiw. We have no ranking...another interesting interviewing conversation topic. Students from other law schools will recall how competitive law school was and what a small number of people could be trusted. We can look back and see a whole group ofpeople withwhom we shared trust and friendships. While we complain about the frustrations which are the law school package, we should take a second and look at the rare chance that was given to us based merely upon two numbers and a few pieces of paper-the opportunity to make our own success. Despite our noses being on perma-wiggle, despite some of the bad feelings we bear toward one another at times, despite all of the hurdles we jump as UB Law students...we are soon to be alumni. It is because of our unique experience as UB Law Students as well as students of the Class of 1997 that we have a lot ofresponsibility to our community. We shall be the leaders, the examples and the voices of reason. Our rare opportunity to make something of ourselves demands that we never forget the places from which we came...and the places where we will go. Good luck to everyone! The followmgiteptsarecurrently being held in the Library's Lost and Found Drawer. Please stop by and claim your property! 1L Property Law Book Basic Documents in International Law and World Order Book Mensch Contract's Book Decendents' Estate and Trusts Book Blue Book Law Criminal Notebook (light blue folder) Perspectives Notebook (teal Blue folder) 1 blue ski mitten various marked and unmarked computer disks LOTS of mugs The Library will hold these items until Sunday, May 11th. Then, the items will be turned over to Public Safety. �April 30, 1997 THE OPINION NEWS/FEATURES 5 Dinner continued from page 1. bono work. You don't have to bea fulltime public interest attorney to help out," she said. In explaining why pro bono was important she said it was one way to acknowledge "the debts we owe to the pioneers. Now that the doors to thelegal profession have been open to us we owe it to others [to give something back]." Pro bono can improve public perception of attorneys. A recent poll revealed that attorneys are despised almost as much as politicians. Many say the legal system is divorced from the justice system. Let's shock thepublic by helping the public." Pro bono work offers an opportunityto developlegal skills. It is autonomy forthe soul.- It liftslaw from beingmerely a job to the potential of being a noble calling. Helping someone in need feels good and it helps you put your life into perspective," Mci said. Acknowledging others along the way Following Mei's speech, Professor Meidinger was presented withthe Jacob D. Hyman Award. In accepting theaward Meidinger said, "I am deeply honored to receive this award and perhaps a little surprised. It's like getting an H I didn't expect I'll take it ...There's no groupof students I would rather receive an H from." According to Meidinger. Professor Hyman is someone who was instrumen- — tal and deeply committed to the diversity aims of the law school. Like Mci, he too encouraged studentsto challengelaw. "To plagiarize my favorite legal theorist, Wynton Marsallis who described jazz as the purest form of democracy: There's a pattern, a melody, a chord structure Sometimes a whole new tune emerges. So it is with law. In order for law to survive it has to be open to voices that can express the diversity of society. You are those voices, to give voice to the clearest melodies that you produce. Don't retreat,. Hopefully law will listen and itself respond," he said. "Law comes as much from the lawyers as from the books and the teachers. It comes from you, from your experience, your perspective, your energy, your commitments, yoursensethat somethings are weird orwrong... That sense is shared by many including your professors." Students who attended the dinner found it uplifting. "The event was well organized and the atmosphere was friendly. It's inspiring to see such a diverse population ofsucceeding students," said Marisol Benitez, from the School of Social Work. "Law school is meant to be a cooperative learning experience. People in this room are a perfect example of what law school should be about," 2L Martin Cortez and former president ofLALSA. it was heartwarming, It's good to see students recognizing students" said ... 1L Janette Cortez. _ ■-TV . v , .,i »m From yw* **"" k t left to right:Elvin Mcrcado and Martin Cortcz 4 All Together Now: Smile! left to rightAllison Dunlop, Martin Cortex, Scott Printup, Professor Jacob D, Hyman, Professor Meidinger, Keynote Speaker Siu Mci, Evelyn Pennington, Nicole Fox, and Thomas Rhcc From We're Outta Here Committee Organizers From left to right: Richard Ramdiri (BLSA), Jeanette Castagnola (LALSA). Jonathan Chui (AASA) and Peter Hearns (NALSA) From left to right: Graduating Senior Martha Ehman, Graduating Se AdinaM. Broomc, ZLJcffVanCollins, 2L Lourdes M. Ventura La Femmes Graduating Senior Sylvia Valentin with JL Janctte Cortes Ashmali McKay and Professor T. Miller �THE OPINION 6 NEWS/FEATURES April 30, 1997 3L's honored in Albany Congratulations to Valeric Curry Bradley, the Student Graduation Speaker for the Class of 1997! Dan Killelea, Michael Beckelman, Diane LaVallee, Jessica Murphy, and Anthony DiMarco Faculty Members selected to participate at the 1997 Commencement Ceremony Faculty Speaker: Professor Kenneth Joyce Faculty Award: Professor Elizabeth Mensch 3L's Michael Beckelman, Daniel Killelea, and Jessica Murphy travelled to Albany on April 12th to receive awards in front of the New York State Bar Marshal: Professor George Hezel Association House of Delegates. The Trial Technique Team won second place in the 1997 National Trial Advocacy Competition in Region 11. Region II consists of schools from New York State, New Jersey and Pennsylvania. The team members earned a plaque for the school, individual plaques for each team member and a scholarship of $3500 awarded to UB Law. The money will be used to fund the Trial Technique Team next year. Seated to the left is 2L Jennifer DeCarli. DeCarli was featured in the Briefs section of the last Opinion for earning a NAPIL Scholarship. She will spend her summer training in Washington, D. C. and then working at the Help, Emergency and Response Shelter, Inc., in Portsmouth, VA. Editor Phot Manirth, Sami Herald: Professor Janet Lindgren Hooders: Professor Charles Carr, Professor Lucinda Finley, Professor Wade Newhouse and Professor John Henry Schlegel Attention Seniors! You may pick up New York State Bar Applications at the Admissions andRecords Office. Please see page 3 for the story on UB Law's other NAPIL Scholarship winner, 1L Melissa Brown. by photo Let the wind out ofyour \ sails! Relax before These Are The Facts... /JfSRV and final papers. The Opinion's End The Central Park Grill of the Year Party You Be The Judge at Cf»G Tuesdays Gamalon Sundays Joe Head Thursdays Willie & The Reinhardts Wednesdays The Need CENTRAL PARK GRILL 512 The Maniacs (Grateful Dead) Friday. 20 CENT WINGS $1 OFF PITCHERS BAR DRINKS AND DOMESTIC BOTTLED BEER $2 WILLIE AND THE REINHARDTS FREE ADMISSION TO LAW SCHOOL STUDENTS STARTS AT 5:00 ALL NIGHT ENTRY THURSDAY, MAY Ist V jC> Saturday. 5/3 Random Acts of Kindnes JM*|J« ■* ■#■ M W» . 5110 Pine Dogs with Gretchen Schulz Saturday. Saturday. 5117 Jamie Notarthomas ENJOY BANDS. BURGERS fc KITCHEN SERVING BUFFALO FAVORITES TIL 2AM kXt% X.'M it i Fl Iw Bet Ir J 3 !31 H• 13? • i ''4 Cl- !• T* J �THE OPINION April 30, 1997 7 May Horoscopes by Judy Nocella and Kristin Allen, Features Writers The following is utter nonsense. Anyone who takes it seriously is illpTepared for law school. Aquarius 1/20-2/18 Your wisdom astounds all your fol- lowers. Fashion tip: Girls-wear inappropriately short skirts. Guys-clip your toenails. Leo 7/23-8/22 Smile, someone has a crush onyou, keep checking that mailbox. Fashion tip: wear something "trendy". Virgo 8/23-9/22 Calm down, finals aren't for another week or so[watch Road Rules and eat ice-cream) Fashion tip: pierce your navel. . . Pisces 2/19-3/20 Don't leave your worms in the cold, they deserve better than that don't they? Fashion tip: one word Bangles! Aries 3/21-4/19 Fashiontip: Girls-News flash(ding) the home perm is out! Guys-stop wearing boots with sweatpants. Put a groovey message on your an- swering machine. Fashion tip: Girls-wear platform shoes. Guys-throw out your acid washed jeans. Taurus 4/20-5/20 You're a punk, and no one likes you! Fashion tip: wear a bag over your head. Gemini 5/21-6/20 You're fabulous this month-enjoy! Fashion tip: wear sparkles everywhere. Cancer 6/21-7/22 start with your appearance. . Scorpio . li ,'q At Vnvopuiw an(^ 10/23-11/21 Expand your mind by enrolling in an interpretive dance class and "feelthe Thythm." Fashion tip: Spandex, spandex, spandex. Sagittarius <'wpae4s our 5-J-tftlen+s' 11/22-12/21 Guys, learn tojuggle-the chicks love it. Girls, paint your nails green and look out! Fashion tip: invest in a razor and SHAVE! Canricorn Time for new beginings, time to rethink your entire outlook on life. Libra 9/23-10/22 If you haven't seen any of the rereleased Star Wars movies, you should. it will change your life. Fashion tip: Toga and Hghtsaber. 12/22-1/19 / / H. Have a/o+ Appreciate those who buy you snacks. Fashion tip: wear Gregßrady shirts. Job Search continued from page 2 5) BLANKET MAILINGS This is where you send 200 - 400 resumes to all thelaw firms in a particular area. This is kind of a "shot gun" approach, you spread your resume everywhere and hope you hit something. There are even resume mailing services that will do your mailings for you. Some of these services will even offer to write your resumes and cover letters for you. Don't be discouraged if the response to your blanket mailings is a wash out. You will get a lot of "No thanks, but we'll keep your resume on file" letters. The majority of the firms won't even reply back to acknowledge that they have received your resume. Don't take it personally, it is not a reflection on you or your abilities. It is merely a matter of timing. Remember, just because you are eager to work, does not necessarily mean they are looking for anyone. This, however, leaves you in an awkward spot should you later see a classified ad for one ofthe firms that did not acknowledge receiving your resume. If this happens, my advice is to send another resume in response to the ad and don't mention that you had previously sent an unsolicited one. Twofinal points aboutblanket mailings. First, if you do decide to use a mailing service, don't let them write your resume or cover letter for you. You have just spent the last several years in law school learning how to write better than any other professional in the country, no one can write about you better than you. Second, sending out blanket resumes can be costly. You can easily spend thousandsof dollarsheralding yourself in one major city alone, only to have your message fall on deaf ears. 6) HANG OUT YOUR OWN SHINGLE This is a real slow go. But, ifyou've got enough money socked away and enough time, you may give it a try. My advice is to keep looking for placement with an established firm. The harsh real- ity is that with the glut of attorneys out there, a great many with years of experience, why would someone use you with no experience at all? Contingent fee agreements level the playing field. Since a client does not pay a fee unless or until he or she recovers money, it costs the same amount to hire the big-time heavy hitter firms as it does to hire you. Clients that pay by the hour may be willing to give you, the less expensive ticket, a try, but many feel, you get what you pay for and the small savings they wouldrealize in going with an inexperienced attorney is just not worth the great loss they could eventually suffer. The other problem is your own liability. This is the90's, the most litigious of times and the novice practitioners had best beware of those traps for the unwary. 7) DATA BASE SERVICES This is a new breed of legal placement. This is like a reverse headhunter, where the service works for you, not the hiring firm. Youpay an annual fee(around $250), send them your resume, and they compile a data profile on you. When a law firm is looking for an attorney, it gives its specifications to the service and the service matches you to the job. The beauty of this is that the firms that would not ordinarily spend thousands of dollars on headhunter's fees, can get candidates that meet their needs without any cost to them. This makes it very attractive for the law firms. Law firms also would use this service because it eliminates the deluge of unqualified resumes that besiege them once they place an ad in the paper. Since it is to a law firm's advantage to check the service first for qualified candidates, the attorneys who have signed up with the service can often get interviews before the job openings ever reach the newspaper. This is the door to the hidden job market. Some caveats, make sure that the serviceis one that does the search for the firms instead of just allowing the firm carte blanche access to the data base. This way your confidentiality is assured. (This becomes important when you have a job, but want to know what else is out there). Make sure that the service specializes in legal jobs. You do not want t * waste your money getting dumped into a general job openings market that won't attract law firms. Make sure that the service is a true data base service and not just a company that scans your resume into a computer. The scanner type services limit the search and often qualified candidates get overlooked. Mind you, there is no guarantee that you will get a job or even an interview withthe service, butwhat it will do is put you in the right position at the right time, if and when new positions become available. Also it is a good idea to stay on as a member of a service, even after you have landed a job. That way you've always got your finger on the pulse of the legal job market. If something new comes up, the service will contact you and ask if you are interested. Remember: the best time to find a great job is when you already have one. The best part is that you never have to Mr. Kelly has lectured nationwide on suchareas as New JobSearch Techniques For The 90s. The AALEC is a data base service exclusively designed for attorneys, taw students, and paralegals. AALEC members enjoy 24 hour/ day, 365 daylyear access to the hidden legal job market nationwide. The AALEC offers its membersfull confidentiality protection, free resume updates, and data base searches to insure that their qualifications are not overlooked. AALEC also offers discounts on upcoming seminars on job search techniques and interviewing skills. For more information on joining the AALEC call toll free 1-(8S8)LAWJOBS. �THE OPINION April 30, 1997 8 Congra tutations To The Ctass 1997 Steven R. Rubin, Esq. Director Robert W. Cohen, Esq. Associate Director Erica B. Fine, Esq. Associate Director BAR REVIEW "The Nation's Largest and Most Personalized Bar Review" °1997 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c3e8bfa94af08b53cab723a8935dd0b8.pdf 83e40b0d790d8952dbf9ecf84b7e5815 PDF Text Text Bringing the Issues to the Students Since 1949 THE OPINION Volume 38, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 15,1997 Sister Helen Prejean assails capital punishment Author ofDead Man Walking speaks to audience by Rochelle D. Jackson, Editor-In-Chief "You know what capital punishmeans? Those without the capital get punished," said Sister Helen Prej can, an advocate for abolishing the death penalty. On September 11,1997 at 7:30 p.m., Sister Helen Prej can spoke to over 1,700 people at ÜB's Center for the ment Arts. Born in Baton Rogue, Louisiana, she has taught in catholic schools for over two decades. Her work with the poor led her to counseling inmates in Louisiana State Penitentiary and eventually to her novel Dead Man Walking. She has received an honorary law degree from St. John's University in Queens, New York as well as an honorary doctoral degree from Set on University. She was the chairperson of the National Coalition to Abolish theDeath Penalty from 1993 to 1995 and has also , helped organize Survive, a victims ad- vocacy group in New Orleans. Her book Dead Man Walking was published by Random House and nominated for a Pulitzer Prize in 1996. It spent 31 weeks on the Best Seller's list. "After I wrote the book I wasn't looking for Hollywood to do a movie especially if you know what Hollywood has done to ing, 'Helen let don't them do it.'" home to discuss making her novel into a "So I rent Thelma and Louise so I could see what she looks like," she said. I of over 1,700 Informing the Public that race plays a pivotal role in who gets For Sister Helen, education plays an itialrole in bringing the issue to the public's attention. "Every year another country abolishes the death penalty Pretoria, South Africa, Poland they knew howraceplayed arole in the deathpenalty. The U.S. is the only western industrialized country that executes its citizens. The death penalty is a very small percentage of the criminal justice system. What will it take? It takes the American public waking up." this punishment. "Eighty-five percent are there because they killed someone white. In our society we don't have a good track record for caring about the black kid who was killed as we do about ... The death penalty is about politics, Sister Helen asserted. It is one way politicians tel! constituents, that they are tough on crime. Because politicians do not have the moral courage to do whatisright, it is up to the votersto tell them, she stressed. There are approximately 3200 ins on death row. She is convinced » the suburban white housewife who is killed. Where is the outrage for the Hispanics, for the blacks, for the Native Americans or the homeless. Race plays a role in everything in this country... [It] is part of who we punish and who gets the death penalty. We will always be selective." Making the Novel a Movie "Every major Hollywood studio turned down Dead Man Walking but hey look at what we were up against. I mean there was Babe, a movie about a talking pig." Eventually, Polly Rand Films International, the same company which pro- See Sister Helen page 6. Dean Boyer welcomes students to Law School By Professor ofLaw and Dean B. Boyer, Special to the Opinion By the time you read this, you will have been welcomed and oriented beyond the limits of human endurance. Dozens of friendly "talking heads" will have givenyou moreImportant Information than you could possibly absorb. You will have been urged to participate in more worthy and interesting activities than any human could possibly carry out. You are, I hope, deeply engaged through your courses in the process of trying to figure out what being a lawyer - or, more urgently, being a law student is all about. And, at the same time, many of you will have recently found new housing, started to make new friends, and begun to get familiar with a new city and region. What could a Dean say that would even be heard, much less be useful to you, when you are goingthrough such an intense experience? Two things. First, relax and enjoythe ride. Most students who come to law school and I'd include myself a few years back — really ought to feel more secure thanthey do. You've survived a tough competition to get here, and several experienced, thoughtful people have made the judgment that you have what it takes to become a good lawyer. But unfortunately the dominant culture creates images and myths that seem designed to make us all feel insecure: The Paper Chase, Professor Kingsfield, all of those sharp-and-incontrol lawyers on TV, and ofcourse the endless lawyer jokes. Is that what we have to become in order to be good lawyers? Can I measure up among people like that? Forget it. You're going to make it, I can say with considerable statistical confidence, because the vast majority of students we enroll at UB Law make a relatively painless transition into the profession. Yes, you have to workhard your years at UB Law. We have a di- verse, nationally prominent faculty, and a large corps of experienced adjunct instructors. They teach in a curriculum that is designed to showcase different kinds of lawyers' practices. After your first year, when there are few required courses, you'll have freedom to use these resources in trying out different professional identities and career paths, perhaps finding a concentrationofcourses in our curriculum where you can develop in-depth knowledge and fun and satisfaction in the work. Lawyers, like other professionals, spend a large proportion of their lives at work. The ones who do best and get the most satisfaction from their jobs are those who have found a professional role that they really enjoy, that makes the legal profession a calling rather than just a business for them. That's what a goodlegal education is all about, and all of us on the faculty and staff of UB Law hope and expect that it will work that way for you. Good luck! skills. Don'tfallinto — the trap of taking coursesjust because "everybody takes this" or "it's on the bar." Instead, have the confidence to experiment a bit, be unconventional, and find the courses that make sense for your emerging career. - My second bit Law School Dean, Professor B. Boyer and study, but then nothing worth doing is totally easy or simple. If you hold up your end, you'll pass your courses and the bar exam. The real question is how you'll use thethree years youhave here. Law school can be a great opportunity for personal growth and development, if you use it well. You'll encounter a lot of interesting people during of free advice is: havesome fun while you're here. One part of that is regularly making time for things other than law school sports, entertainment, building relationships, or anything else that breaks the work rou- — tine. In the long term, that's the only way to keep some balance in your life: all work and no play makes Jack (or Jill) an unproductive neurotic. But equally important is finding HIGHLIGHTS Advice tolls pg. 3 Notable News pg. 4 Student remembers Justice Brennan pg. 5 For the Public Interest.... pg. 6 Student Orientation pg. 7 �EDITORIAL THE OPINION 2 1 THE Founded 1949 Rochelle D. Jackson Editor-in-Chief Letters to the Editor X 4- OPINION Volume 38, No. 2 J September 15, 1997 Coalition to rally against federal needle exchange ban September 15, 1997 Cindy Y. Huang Managing Editor STAFF Business Manager: Joe L. Huang News Editor: S. A. Cole Features Editor: Photography Editor: Richard Ramdin Art Director: Layout Editor Senior Editors: Kristin Greeley, Sami Manirath The Opinionis a non-profit, independent, student-owned and republication fundedby advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 John Lord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaper oftheState University ofNew York at Buffalo School ofLaw. Copyright 1997by TheOpinion, SBA. Any reproductionofmaterials herein is strictly prohibited withoutthe express coasent of the Editor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday precedingpublication. Submissions may either be mailed to The Opinion, or dropped off outside of the Opinion office in thebasement of O'Brian Hall, Room 7. All copy must belyped, single-spaced, and submitted on paperand onacomputerdisk (IBM-WordPerfect 5.1). Letters arebest when writtenas apart ofa dialogue and must be nomore than onepage. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchangeof ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. EDITORIAL: Welcome to the World of Law The sine qua non of any first newspaper of the semester is the good old "welcome back editorial," complete with solicitations for contributions, jokesabout what the staff did over the summer, and sage old advice to the lLs, saying something like, "don't worry, we all had nervous breakdowns, too." Being law students, vestedwith a sense oftradition, and banking on the notion that a stable legal system is our key to success, we at The Opinion are not about to fly in the face of tradition. Accordingly: Welcome back, folks. Contributeto the paper. We worked over the summer, a few of us got killer tans, and gosh darn it, wasn't it hot? And to the lLs...don't worry, we all had nervous breakdowns, too. Take some aspirin and watch re-runs of "L.A. Law" to remind yourself that after you get through all this, you will have the sultry good looks of Harry Hamlin, the cool legal acumen of Blair Underwood, and will live in sun-drenched sive mumbo-jumbo designed to alienate the poor, while the rich get tax deductions on liposuction they wouldn't need, ifthey weren't so rich in the first place. Some, however, perceive the opposite - that our legal system was designed to aid "those poor people" in the quest to alienate the well-to-do from their hard earned cash. On the opposite end of the spectrum, a few people will see the law as an ephemeral web humans have woven, the mere smoke and mirrors of animals de- termined to exercise theirreason, simply because some Greek guy claimed that reason was what brought us out of the trees. soul-search oneself regarding the reason you have decidedto become a lawyer. For Whether you spend your time espousing Thomas Jefferson, or deploring Aristotle, law school is the time for exploring your beliefs, testing the limits of your faith in the rule of law, and engaging your fellow students in endless Socratic debates regarding all aspects of the law. The years spent in law school afford opportunity for exploration little seen outside academia—the lawyers you will eventually work for will not have time for debates about the laws ofagrarian societies versus hunter-gatherer systems. They want to know how to win a case, not promote epistemological debates. some, it's money. For some, it's genuine love of the law. For others, it's what you do after you graduate from college with a Whatever timeyou have left at ÜB, approach it with an open mind. This may be the only time you have to challenge, degree in history and discover that being able to tell witty anecdotes about Henry VIII won't get you a raise at the local Wegman's. Regardless of one's motivations, however, the study of law creates an entirely new way of looking at society, politics, and bar room brawls. Some see the law as a slowly-evolving mass of oppres- change, or strengthen your beliefs in a safe, stable environment, with the benefit of colleagues who are equally safe. Don't beafraid to take intellectual risks, for argument and constant challenge are two mainstays of the law. There's always time to buy that California. Okay. With all the amenities over, it's time to editorialize. As our hot-n-lusty-for-law crop of first-years has no doubt had pounded into them by thatclass among classes, Introduction to Law, the beginning of the year is a good time to Porsche and look like Harry Hamlin, after you graduate. Dear Editor, Hundreds of people in Western New York will become infected with a deadly virus this coming year despite the fact that doctors, health care workers and public health administrators know how to prevent this. The virus is HIV, and the people are among Western New York's over 7,000 injection drug users. Public opposition to needle exchange is dwindling in the face of persistent studies that show (1) over 1/2 of all new HIV infections are directly linked to the sharing of contaminated needles, and that (2) needle exchange works: it has reduced the spread of HIV/AIDS by up to 50% in the cities that provide for it, and it does not increase drug use in communities. For those who argue that the answer is for people to stop using drugs: dead addicts don't recover. Andfor those who express disdain for drug users in their communities, 59% of pediatric AIDS cases are related to injection drug use. Similarly, AIDSkills moreblacks between the ages of 25 and 44 than any other cause of death, and halfof those deaths are the result of transmission via injection drug use. This due to the links of transmission associated with HIV: someone who injects drugs with a contaminated syringe can pass the virus to a sex partner, who passes the virus to her sex partner, whopasses the virus, etc. In light of these statistics, and mounting evidence from needle exchange programs across the world, resolutions in support of needle exchange havebeen passed by the American Medical Association, the American Bar Association, The American PublicHealth Association, andtheU.S. Conference of Mayors. centage of active drug users. Buffalo's program serves less than 21% of the region's injection drug users. Federal support for needle ex- change can not only provide desperately needed funding for needle exchange programs throughout the country, it can also provided the necessary sanction for this public health measure, and may decrease the incidence of police interference with needle exchange: drug users are routinely harassed and their clean syringes confiscated and destroyed by police officers in Buffalo and in other cities with locally- and state-supported needle exchange programs. In 1990, we called it a lack of courage when government refused to acknowledge and act on the studies which showed the efficacy of needle exchange. In 1997, Clinton's refusal to lift the ban is a clear expression of prejudice and deliberateindifferenceto those at the highest risk of contracting HIV. On September 17, doctors, public , health workers, needle exchange activists and people living with HIV and AIDS will gather in Washington D.C. to demand that Clinton and Health Secretary Donna Shalala lift the federal needle exchange funding ban. You can help by writing/calling/faxing/ your legislators on that day or by joining us. For more information about the ban, you can call the National Coalition to Save Lives Now! at 212-213-6582 or visit the organization's web site at http:// www.safeworks.org/savelivesnow/. Sincerely, Corinne Carey, 3L And yet Bill Clinton and the fed- eral government persist in their opposition to this crucial public health measure by maintaining a federal funding ban on the operation of syringe exchange programs. Because the federal government refuses to allow federal public health money to be used for needle exchange, programs like Buffalo's can only serve a small per- Carey is a former syringe exchange worker with Prevention Point Philadelphia, and a member of the North American Syringe Exchange Network. She can be reached via email at cacarey@acsu.buffalo.edu. Letters continued on page 3 If you have an opinion on anything published in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not belonger than four pages double-spaced. All submissions are due the Wednesday before we publish in thehotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events �THE OPINION NEWS/FEATURES September 15, 1997 3 Top Ten Survival Tips for ILs 2L gives advice to incoming students by Tony Cao, Columnist school. It takes no superhuman effort or intelligence to succeed in law school. by David Hoffman, Colomnist The head of the new 1L is swimming withtales of outlines, study groups and reading assignments. Upper classmen pass along horror storiesabout voluminous reading andtyrannical professors with the solemnity ofa sentencing judge. Administrators warn of the psychological stress of law school and inform the incoming students of the vast array of professional services that are available if they become overwhelmed. Guest speakers alert the incoming students to the risk of falling into drug and alcohol abuse. The lLcouldbeforgivenforthinking that she/he has embarked on the most treacherous journey of her/his entire life and the prospects for survival are slim. The 22 year-old political science major from Geneseo who always knew that he wanted to be a lawyer, the 45 year oldmother ofthree who is finally able to pursue her long held ambition of going to law school and the bartender who knocked around for a few years after college are all susceptible to these early season butterflies. 10. Take a nap during the day ifyou were out drinking the night before. The students who have preceded this incoming class put their pants on one leg time, just like this year's lLs. The new lLs will pass; they will get their Qs. In fact for many in the incoming class, law school will be less challenging than their undergraduate curriculum. This year's 1L will observe a variety of approaches to law school among their classmates. There will be those who study religiously, who participate in study groups that meet every day and who brief their cases before each class, at 9. Don't believe any rumors. 8. Use the library for more than just a study place: surf the net, read the papers, socialize. 7. Attend all receptions that offer free beer. 6. Use your locker as an overnight book storage. students will surface who miss class, who go out every night and never do their readings. There will be those in 5. If you findyou're having trouble making your 9:45 a.m. class becuase you can't find parking, then come at 10:00 a.m. when the undergraduate classes are let out and parking slots become available. between. All of them will pass. The first year of law school can be interesting, fun and a heck of a good time. There will be some characters well worth meeting among thefirst year class. Perhaps most importantly, there will be opportunities for free beer. lLs 4. Sleep in ifyou've hit the snooze button on your should sit back, relax and enjoy themselves. alarm at least twice. 3. Take a few days off every now andthen. 2. Go to happy hour. The 1L should relax; Law School is no big deal And the most important survival Up for 1L5.... Students successfully negotiate the hazards of the first year of law school, year in and year out. Indeed, there are a very few academic casualties in law 1. Don t change your lifestyle justbecause you 're in } law school. Letters to the Editor page 2. The Interview Dear Editor, Since so many of usare going on interviews lately, I wanted to share my thoughts and feelings about the experience. I wrote the poem below while on my train ride home from New York City, after meeting with corporate law firms. The New York City experience has been replayed many times during the last two weeks, though less intensely, as I look for work at Buffalo and Rochester firms. The Interview Upperclassmen invited to compete in *Desmond Moot Court Competition The Desmond Moot Court Board invites all 2nd and 3rd law students to compete in the 11th Annual Desmond Moot Court Competition. The informational meeting for this year's competition is Monday, September 15,1997 at sp.m. in 109 O'Brien Hall. Due to the short semester the competition is being held earlier in the semester to give students enough time to study for finals. This meeting, which will provide interested students with the necessary information to compete and also answer and questions, is mandatory for competitors. Like race horses we paraded in front of inquisitive gazes. Not for speed of limb you searched, but for the quickness of our phrases. And a certain something else, What could it be I reflected restlessly. I was fed a fine confection, as I awaited the next inspection. What is it you search for on the wall and on the floor? It is I sitting here next to you, but you avoid me all the more. Would I be malleable, palatable, practical, and precise? Could I work from dawn to dusk, yet still look really nice. No, no, I thought proudly, I am a different animal than that. shun these questions that you ask, I but answer for a price. Sincerely, Theresa Merrill, 2L The competition will be held in October and the problem and research materials will be available in the Law School Bookstore a few days after the September 15th meeting. Each team will consist of two members; students may want to decide who they will work with before the meeting. However, special sign up sheets for "singles" willbe availabe at the meeting and students without partners will be paired with a partner. There will be national competitions throughout the year at UB and other schools across the country. Often these opportunities are limited to Moot Court Board Members. Other than the Jessup International Moot Court Board competition that is held at approximately the same time as this competition, students may not have other opportunities to participate in a Moot Court competition. For those second year students who are thinking of waiting until next year to compete, a word of advice: there is a possibility that in the future 3rd year students will not be allowed to participate. Third year competition is a relatively new development. We are not able to say if it will continue, but please be advised that the possibility exists that it will not. The competition is judged by area attorneys which facilitates great networking! ! Furthermore, participation is always looked on favorably by prospective employers. This year's competition should be exciting as the subject matter is relevant to Western New York and is current. Although participation is time consuming, it is a great experience and is definitely "doable". For additional information attend the Desmond Moot Court Competition Informational Meeting on Monday September 15, 1997 at 5:00 p.m. State University ofNew York **atThe Buffalo, School Law's Moot of Court Board is a longstanding member of the Order of the Barristers National Society. The Board wasfoundedfor the purpose of helping students develop and refine oral advocacy skills. It is a student organization which aims to recognize high levels of achievement in both breif-writing and oral argument. �THE OPINION 4 BRIEFS Around the World Foreign lobbying efforts ranked Using for the first time, congressional and Justice Department lobbying records, U.S.News&Worldßeport calculated which nations spent the most money to influence Congress and executive branch agencies in 1996. Canada placed first with $5,130,000 spent lobbying through its embassy staff. It paid$808,000 to hire a former top U.S. Commerce Department lawyer to represent it before the department. Spending $5,078,000 Mexico came in second. Its lobbying efforts were dominated by government agencies concerned withresolving NAFTAtrade disputes with the United States and maintaining U.S. support for the 1995 peso bailout. Japan, Britain, Taiwan, Israel, Haiti, Indonesia, Angola and Hong Kong ranked three to ten respectively. These rankings understate what is spent to sway policy, because they do not include lobbying by embassy staffs or general PR efforts. De Clerk resigns party post While the rest of Africa struggles to break the reigns of the one-party rule, South Africa appears to be headed in the other direction. That was the specter raised last week when former President F. W. de Klerk quit as head of the leading opposition party. The only other opposition party of consequence, the Inkatha Freedom Party, is allegedly in disarray. This clears the way for Mandela's African National Congress to control more than two thirds of Parliament after the 1999 elections. Still, with a free press, an independent judiciary, and apolitical culture of compromise, South Africa is far from becoming a dictatorship. Mother Teresa dies at 87 On Friday, September sth, Mother Teresa diedof cardiac arrest at 1:30 p.m. Thousands of mourners gathered outside her home when learning of her death. Hundreds ofpolice were called to hold back crowds that continued to grow despite the lateness of the hour. Known to many as a Goodwill Ambassador, Mother Teresa was a Nobel laureate who followed a call to serve the dying of Calcutta, India, almost 50 years ago. Her work reflected a desire to help those in need. Her work included a church-sponsored hospice for AIDS patients in New York City and the establishing of a leper colony in West Benegal, to name a few. Pope John Paul 11,who was "deeply moved and pained" by her death, planned to offer a Mass for her soul on Saturday at his private residence near Rome said a Vatican spokesperson. According to Indian authorities, Mother Teresa will be buried Wednesday in her religious order's headquarters in Calcutta. Princess Diana, 1961-1997 On August 31, 1997, Princess of Wales, Lady Diana died. This marked the death ofreputedly the world's most photographed person. The Princess had been out dining with longtime NEWS/FEATURES ... In and Out of UB companion Dodi Al Fayed when paparazzi chased her Mercedes down a tunnel in metropolitan Paris. The car, driven by Henri Paul, then crashed into a road divider. Police later said that doctors had found three times the level ofalcohol legally permitted for driving in his bloodstream. Princess Diana was rushed to a hospital where she unconscious but alive on arrival. Doctors could not revive her despite open heart massage. At Diana's funeral in London on Saturday her brother Earl Spencer blamed the press for hounding her to her death. He saidthe media had turned the Princess, Diana into "the most hunted woman on earth." Earl Spencer's remarks echoed his initial reaction to Diana's deathlast Sunday, when he said the media "had blood on their hands". Diana is remembered for her fund- raising efforts. Her funeral was reportedly watched by over one billionpeople. The world mourned. Across the Nation Law firms maintain moderate growth American law firms maintained a slow and steady growth in size, according to the 1997 of Counsel 700 annual survey of the nation's biggest firms. Firms which ranged from 46 to 1,970 lawyers increased overall by 3.9 percent last year compared to the 3.4 percent reported in last year's survey. The largest firms with 400 or more lawyers grew the most at six percent compared to four percent last year. The next group, 300 to 400 attorneys, grew by 4.7 percent, while firms of 200 to 300 attorneys increased in size by 4.4 percent, compared to 1.7 percent last year. Revenues were reportedly up despite a 34-lawyer decrease over a twoyear period at Washington's Shaw, Pittman, Potts & Trowbridge. In New York,Epstein Becker & Green is leveraged less thantwo associate per 1 partner, while the number of partners increased by 11 in 1996. Yet per-partner profits were still up around $25,000. Many similar examples suggest that fewer lawyers are generating more revenues by working more hours, by marketing themselves better and — a direct reflection on lawyer efficiency by achieving better realization (i.e., the ability to actually collect rather than writeoffor writedownwhat gets billed). — You might be guilty, but you can't be crazy An Illinois Appellate Court has struck down a statute allowing juries to arrive at a verdict of "guilty—but mentally ill." Found a violation of due process rights, the decision has taken away a palliative tool from those who wish to diminish a guilty verdict by attaching a footnote of mental illness. Of course, we all know that you really can't do that. Kicking asbestos The Occupational Safety and Health Administration's standards for asphalt roofing combined with asbestos have been dropped as too stringent. The Fifth Circuit has decided that the standards were not supported by substantial evidence of danger in the form of freefloating asbestos particles escaping from the asphalt roofing. Tobacco settlement with Florida Agreeing to pay $ 11.3billion in damages over 25 years, the tobacco industry settledits lawsuit with Florida. The settlement is still overshadowed by the possibility of a broader settlement between cigarette makers and the 40 states that have sued them. If converted into law, that agreement wouldoverride individual deals such as Florida's. September 15,1997 more information or to obtain a pledge card, please call 833-6649. Anthropologist to lecture at Baldy Dr. Carol Stack, an anthropologist and Professor of Women's Studies and Education at the University of California, Berkeley, will givean informal presentation onCall to Home: AnAmerican Struggle for Community on Thursday, September 18, 1997 from 2:00 3:30 p.m. in 218 Baldy Hall. She is the author of All Our Kin and - numerous articles on poverty and social Court says wives may sue husbands' lovers Menwho cheat on there wives may be the source of more than candy and flowers for their lovers. The Oklahoma Supreme Court recently ruled thatwives can sue paramours for the conveyance of sexually transmitted diseases from the paramour, to the husband, and then to the wife. Provided that the lover didnot inform the husband of his/her condition, such conveyance is an actionable wrong. Lockhart v. Loosen. policy, she is also past president of the Society of Urban Anthropology. She was awarded the Victor Turner Prize in Humanistic Anthropology for her recent book, Call to Home, on the reverse exodus of half a million black American living in cities of the North who began returning to rural southern home places. She hasconducted a three-year comparative study of youth working in the inner city, low wage, fast food industry in Oakland and Harlem (with Kathryn Newman), and is currently writing Great Expectations, coauthored with Ellen Stein, on the lives of urban youth. Sounds fair to us The Ninth Circuit has decided that removing a juror from deliberations, when that juroris the sole holdout barring an acquittal, and thejudge ordering the removal is aware of that fact, is permissable, as long as that juror is "an impedimentto deliberations."TheSixth Amendment's assurance of a fair trial is not violated by such an action. Perez v. Marshall. Court holds that attorneys can not compete with their clients The New York Supreme Court has ruled that KPMG Peat Marwick LLP breached fiduciary duties owed to an audit client. The client, a firm specializing in "economic value added analysis" sued when Peat Marwick began offering similarservices in a covert manner. "A fiduciary is not entitled to engage in an actual secretive competitive venture when still in the embrace of an active relationship with a principle." Limited injunctive relief and nominal damages were granted to the plaintiff. Here at Home Sleep-Out to promote awareness Visiting scholar to speak at UB Tom Farer will discuss the concept and philosophy involving armed intervention on Thursday, September 18th from 1:00p.m. to 3:00 p.m. in the Faculty Lounge, 545 O'Brien Hall Farer is Dean ofthe Graduate School ofInternational Studies atthe University ofDenver and is the former President of the Inter-American Commission on Human Rights oftheOrganizationofAmerican States and of the University of New Mexico. Within the United Sates government, he has served as special assistant to the General Counsel of the Department of Defense and the Assistant Secretary of State for Inter-American Affairs. He has taught law at Columbia University, Rutgers, Tulane, andHarvard and internationalrelations at Princeton's Woodrow Wilson School and the Johns Hopkins School for Advanced International Studies. He hasalso been a Senior Fellow of the Council on Foreign Relations and the Carnegie Endowment for International Peace. He istheauthor ofeleven books and many other publications primarily concerning issue of international and comparative law.foreign policy, humanrights and international institutions. His most recent work, Beyond Sovereignty, was recently published by TheJohnsHopkins University Press. The OfficeofStudentLife and the Newman Center at State University of New York at Buffalo are proud to announce the first annual Grate American Sleep-out. The sleep-out is an opportunity for students to spend a night outside to discuss, think, and learn about homelessness. Participants will be encouraged to seek pledges for each hour spent outside throughout the night. All donations will benefit local homeless shelters. The event is scheduled for Friday, September 19, 1997 from 7:00 p.m. to 7:00 a.m. behind Allen Hall on ÜB's South Campus. For **Sources for News Briefs include U.S. News& World Reports, The Buffalo News, and Press Releases. �THE OPINION September 15, 1997 Summer Leaves Behind a Justice by Adam Small, Special to The Opinion If nothing more than for a moment, law students should pause at the beginning of this semester to reflect upon the passing of a giant in our field. Former United States Supreme Court Associate Justice William J. Brennan Jr. died July 24th of this past summer. Undoubtedly, 2Ls and 3Ls have already read many of his opinions. Freshman will soon have the privilege, too. Nominated to the High Court in 1956, by President Dwight D. Eisenhower, Justice Brennan was the sixth-longest serving Justice in the Court's history. Justice Brennan served for 34 years, spanning eight Presidential Administrations. Justice David H.Souter, nominated by President George Bush in 1990, now occupies Justice Brennan's seat. JusticeBrennan was a firm believer that the answers to difficult constitutional questions lay in interpreting the Constitution in thelight ofmoderntimes. In 1985, Justice Brennan observed, "We current Justices read the Constitution in the only way that we can: as 20th-century Americans." Unaccepting ofthe original understanding judicial philosophy, Justice Brennan once noted that "the genius of the Constitution rests not in any static meaning it might have had in a worldthat is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs." He once made an even stronger statement against original understanding by propounding that it was "little more than arrogance cloaked as humility." Onemight be wondering at this point how such a progressive, activist judicial thinker was nominated by a conservative-Republican Administration. Point of fact, the presidential election was just weeks away and it was believed by advisers that an appointment of a northeastern Catholic would expand President Eisenhower's voterbase. JusticeBrennan was an outstandingly qualified and respected judge in 1956 however, a New Jersey Supreme Court Judge, Brennan was in the forefront of pushing for the modernization of the national court system. Over his thirty-four years on the United States Supreme Court, Justice Brennan has established himself as, most notably, a defender of individual's rights to free speech, due process, privacy, and equal protection. Writing for the majority in many ofthe most important cases of the latter-half of the twentieth-century, Justice Brennan adhered to the principle that the United States Constitution must protect, in his words, "the essential dignity and worth of each individual." Justice Brennan seemingly kept this notion of individual worth in mind when writing the majority opinion in the 1970 case, Goldberg v. Kelly. The Court held that in order to protect a person's right to due process, a pre-termination hearing was required before cutting off welfare benefits. In support of protecting indigents' procedural due process rights, Justice Brennan wrote that "from its founding the Nation's basic commitment has been to foster the dignity and wellbeing of all persons within its borders." Another area where Justice Brennan's opinion have had a profound effect is the First Amendment right to free speech. In New York Times v. Sullivan, Justice Brennan established the "actual malice" standard.in defamation suits brought by public figures. Because "debate on public issues should be uninhibited, robust, and wide-open," Justice Brennan wrote in the 1964 case, a public figure should be required to prove that false statements regarding him or her were published "with knowledge that it was false or with reckless disregard of whether it was false or not." Justice Brennan tackled a highly contentious political issue in the 1989 case, Texas v. Johnson. Holding that a Texas statute, prohibiting the burning of the American flag, was unconstitutional, Brennan wrote that "if there is a bedrock principle underlying thefirst Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable..." In support of the decision, he made the keen observation, as well, thattheDrafters ofthe First Amendment, in turn, were likely "not known for their reverence of the Union Jack." Justice Brennan wrote for the majority in the 1970's cases, Frontiero v. Richardson and Craig v. Boren which confronted the issue of statutory gender classifications andtheir compatibility with the Equal Protection Clause of the 14th Amendment. Keeping with his philosophy ofprotecting the worth and dignity of all Americans, Justice Brennanadvocated a heightened standard ofscrutiny for laws based on gender. In Justice Brennan's language, this heightened standard ofscrutiny requires that a law containing a gender classification "serve important gov- ernmental objectives and must be substantially related to achievement of those objectives." Justice Brennan's unwavering opposition to the death penalty throughout his career on the Court demonstrated that compassion as well as critical legal thought were weighted in his judicial decisionmaking. He once remarked in a speech that the "calculated killing of a human being by the state involves, by its very nature, an absolute denial of the executed person's humanity. The most vilemurder does not, in my view, release the state from constitutional restraints on the destruction of human dignity." It is, indeed, "cruel and unusual." The legacy of Justice Brennan',s tenure on the United States Supreme Court is embodies in every opinion he authored. Although theabove cases are only a handful of Justice Brennan's majority opinions, there are hundreds more that we, as law students, will come across. Take a few minutes this semester, as well, toread his impassioned, but well-reasoned dissents. Justice Brennan and Justice Thurgood Marshall frequently were a minority of two during the conservative Warren era of the 1970's and early 1980's -especially in the area of criminal procedure. However, his view that the Constitution should protect the dignity of every American continues to this day in his landmark opinions, and will continue for time to come. Justice Brennan's consideration of each individual's "essential dignity and worth" should be a lesson not only for future Justices, but for all Americans. The Anarchist by Russ Klein The ,, "War on Drugs question of "why are drugs illegal?" Or, they can ask themselves "why do I favor drugprohibition/why shouldwe keep prohibition going?" Some common answers include 'they are dangerous to the user' or 'they are dangerous to nonusers' or 'they create crime' or a variety of other rea- Everywhere we go, people seem to have an impression that something is definitely wrong in America. Whether it be crime, war, drugs, taxes or whatever, many people believe that somehow things are worse than they were 50 or 100 years ago. The older folks in society yearn for a return to the good old days, the people of the 60's and 70's remember at least when people stood for what they believed in and against (and were willing to go to jail, even die for what they believed in), and finally, the so-called "Generation X" (who are always portrayed as apathetic alternative skate-boarders on MTV and CNN) claim that they have it the worst of any group to ever exist. Even more discouraging, it seems that more and more people seem to expect the government to do something about it. But people don't seem to notice that in nearly all cases, there is nothing a government can do about it, except make the situation worse. A perfect example of this is the so-called "War On Drugs." Mayor Kurt Schmoke of Baltimore said "Decriminalization would take the profit out of drugs and greatly reduce, if not eliminate, the drug-related violence that is currently plaguing our streets." In a video we watched in the Prisoner Law class, a prison warden conceded that the "War On Drugs" was an economic boom in some regards. I have always found this one to be an interesting response. It is an arrogant assumption on the part of some people that they will ban my use of(for example) marijuana, because they deem it is dangerous for me to use it, and that I will not look out for my own self-interest. Thomas Jefferson said it best when he said "Laws [should] provide against injury of others; but not from ourselves. God himselfwill not save men against their wills." Still, drugs were not made illegal because the government cared about your health. There is a lot of evidence that the drug prohibitions were passed originally out ofracist concerns (such as an amazing notion/fear thatAfrican Am ericans would drink excess amounts of Coca Cola and become super-human sex-maniacs and rape white women). This is not thework of a government looking out for your health. Still, McDonalds is dangerous to the user (probably more so than many drugs, One must ask themselvesthe crucial since Ronald McDonaldis aimed directly sons. 'They are dangerous to the user' at kids, and they try to entice consumers to eat such nutritional items as Big Macs and french fries). Yet, we don't see a push to have a prohibition passed on McDonalds and other similar fast food Columnist lions of criminals out of our natural drug using population that exists regardless. Many spaces in our overcrowded prisons are filled by nonviolent victimless drug offenders. outlets. 'They are dangerous to nonusers' 'More people will use drugs' The largest area that this covers is crimes committed by users against nonusers. What many people forget is that whilethe consumption ofthe drug would be legal, if they still commit a murder while under the influence, they are still a murderer. If they rob someone for drug money, they are a robber. No one is advocating that we excuse othercriminal activities thatleave victims. Many people do not need drugs to commit crimes, and drug use does not inherently turn one into a criminal. There is no credible evidence that this is the case. The reality is that in most areas, drugs are readily available, and easily consumed. Despite the prohibition on drugs in America, it is estimated that millions of Americans are casual users of illegal drugs. When I go back home to New York City, 1 can find drugs anywhere in the city in relatively short amounts of time. Its about as difficult as finding, say, an illegal handgun. The black market fills the gap to supply what people want. Lets not kid ourselves by thinking that we are accomplishing anything. Evidence shows that the "War On Drugs" can and has effectively stopped a measly one percent of the drug flow in this country. On the other hand, estimates suggest that it only takes one percent ofthe current drug flow in this country to satisfy the nation's drug habits. This means that an astounding 98% ofthe current drug flow in this country is surplus! There is no real chance of the drug 'They create crime' Actually, much scholarly evidence points to the prohibition itself as being what causes crime. Fact is that the prohibition drives up the price of drugs by creating artificial scarcitiesandrisks. The higher price of drugs is what causes many people to have to steal to get more. Take the mafiaand gangs out of pricing drugs, and the price comes down due to the real prevalence of drugs on the street. Plus, drug prohibition by its nature creates mil- See TheAnarchist on page 6, 5 �THE OPINION 6 September 15, 1997 For the Public Interest For thePublic Interest is a column submitted by the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community of the many facets ofPublic Interest Law. UB Law has an obligation, as the only New York law school with a state tuition, to support and commit to public interest law. This commitment to helping those grossly underrepresented is demonstrated throughout thelaw school community andhas allowedUBto maintain its reputation as one of the finest public interest law schools in the nation. The administration supports public interest through its Public Interest Week held in October where it drawsrenown area public interest attorneys to discuss the highlights and obstacles of a public interest practice. Dean Olsen offers an Externship Program where students can get course creditfor public interest work. The upper division clinics also offer a multitude of opportunities m the public interest such as the Affordable Housing Clinic. The Career Development Office also demonstrates its commitment with its abundance of career opportunities and the presence of 3L Graduate Assistant, Shawn O'Buckley who is employed to assist law students in developing their resumes, job hunting, and providing information about public interest career fairs such as the NAPIL Conference held in Washington, D.C. on October 15th. Student groups at UB are also incredibly active in the public interest. Last year the Buffalo Public Interest Law Program, under the leadership of 3L's Theresa Cusimano and Kiisten Nowadley, sent nine students on $2500 Fellowships and further supplemented funds for seven Co-ops whose matched funds consist of $1,000 from BPILP, S5OO from SBA and $500from various UB law student groups. For example, 1997 BPILP Summer Fellows worked in areas of law such as labor, housing, disability, public defense, and elder. SBA Update by Brenda Torres, SBA Treasurer Special to the Opinion clinic buffer zones as established by the U.S. Supreme Court in Schenk v. ProChmcc Network fit Western NY. argued by ourvery own Professor Lucinda Finley. The Guildalso addresses timely issues such as the Campaign for the Living Wage, police brutality, and racism at theSurvival Breakfast's bi-weekly discussion series. For more information on how you can get involved with the public interest law community please contact the 1997-98 BPILP Co-Coordinators. Mindy Mairancaat 886-2140/Box 111 or Kinda Serafi at 886-486(J/Box 173. Unless the person can provide evidence that the number ofusers will go up, they can't realistically argue from this vantage point. You can, however, provide your own example. Take marijuana for starters. There has never, to the best of anyone's knowledge, been a single known overdose from marijuana use. Compare that, to say, alcohol, which produces overdose quite frequently in drinkers (aka alcohol poisoning). Yes, people overdose from other drugs, but that is not say that the number will goup, just based on legalization. What could we do with all that money Every dollar that is spent on the "War On Drugs" is a dollar that is not being spent on finding missing children, tracking down rapists and kidnappers, and drug rehabilitation. Meanwhile, money isactively spent on putting nonviolent, victimless offenders in prisons due to mandatory sentencing and 3 Strikes type laws. This costs a lot of money for you and me. In reality, drug prohibition creates many problems, and solves none, because it doesn't stop anyone from com- - informational meeting for those interested in running for class director positions. 6 positions available for each year. b) September 24 and 25 elections outside law library on 2nd floor O'Brian. and pro-bono support at the Volunteer Lawyer's Project. Further, four Fellows worked for human rights in Turkey, South Africa. Uganda, and Zimbabwe. BPILP has set goals to increase both amount and number ofthe 1998 Summer Fellowships to be offered. The National Lawyer's Guild, a progressive student group dedicated to social justice and economic equality provides law students with the opportunity ofhands on practical legal experience. The Guild's task forces include the Homeless Task Force which works with the homeless and near-homeless and public benefits issues, the Prison Task Force which teaches legal research and writing to Buffalo areapris* oners, the Farm Workers Task Force and box numbers. The 1997 Summer Co-op Fellows worked in areas that included domestic violence both in Poland and Western New York, environmental protection, Sister Helen cont'dfrom page 1. duced Four Weddings and a Funeral, the film. "Today they are really gladthey picked up Dead Man Walking." Sister Helen said. The movie, which hit theaters at the end of December 1995, was nominated for four Academy Awards. agreed to produce They will stress our medical community 1. Elections a) September 17that 4:30 pm 2. General Meetings a) Ist general meeting on Wed, Oct 1 at 4:30 pm. b) Subsequent general meetings to be held on Thursdays at 6 pm, every other week and starting on Oct. 16,1997. 3. New student welcome party on Thursday, Oct. 18 at 4:30 pm in student lounge, O'Brian. Free food and beer. 4. Barrister's Ball - tentative date Sat., March 21, 1997. 5. Other events that we have done and would like to continue: Halloween Costume Party, Welcome Back party, co-sponsored withBarßri, Blood Drives, Graduate student mixers, other fundraising events for the poor. 6. Other projects - yearbook, renovation of student lounge, Rm. 206 renovation into study/cafeteria lounge, networking events with Erie County Bar Associations. 7. We need an updated list of student organizations' office phone numbers, eboard members'phone numbers The Anarchist cont'd from page 5. supply on a national level drying up, except by kingpins and gang leaders trying to squeeze the black market for more money. The e-board met on 9/11/97 from 6 pm to 8 pm. The following topics were covered: mitting this victimless crime. We appar- ently haven't learned our lesson from prohibition when the 18th amendment was put into effect (fortunately struck out by the 21st amendment). Of course drug use creates problems. Like any other legal drug, illegal narcotics can be abused and misused. The guy who smokes pot every day will become a 'pot head', and will lose value to society, but this isn't any different from the guy who drinks every day and becomes a 'alcoholic... Legalize drugs, and enforce laws involving real crimes. After all, government's jobis to protect your natural rights. It is not its job to tell you or I what we can and cannot put into our bodies. There was a time in this country when drugs were legal and one could do their drugof choice without persecution. I've been to Holland, and I witnessed a society that was tolerant of relatively open drug use in Amsterdam. I know many people who use drugs carefully and safely, and do a great job of functioning in everyday life. I'm not advocating that people go out and do drugs. In case you haven't noticed, this is less a debate on drugs, and more a debate onthe right to control your own body. Its time we started taking that right back from those who stole it in the first place. Sister Helen speaks about her involvement "Fora long time in myreligious life I hadn'tbeeninvolved withpoorpeople." She remembers hearing a clear challenge to work with poor people. Thisled to her involvement with the St. Thomas HousingProjects in New Orleans in 1982. She was later approached by a friend who asked if she would volunteer to be a pen pal with a deathrow inmate. "I knew that when I started writing him, I wouldn't stop even if he didn't respond". She began writing to Matthew Poncelet and eventually felt a desire to visit him as well. "The sign over their house says death row which means society views them as dispeasable people. He was alone and I just kept thinking of the bible passage, ' I was inprison and you came to me.' Writing letters is one thing, [because] you're somewhat removed." She recalls the first visitas one filled with apprehension and nervousness at This visit was memorable for Sister Helen who said, "I remember looking into the eyes of a human being." This meeting sparked her interest to learn more about the death penalty. She not knowing what exactly to expect. explained that shewanted to know how it worked, who was on it, and the effectiveness of it, if any. What she learned was that the majority of death row inmates were minorities who were there for killing whites. I instinctively knew the state of Louisiana should not imitate the violence, instinctively knew I didn't believe in the death penalty." According to Sister Helen, in Louisiana an 18-year-oldfirst time felon could get life imprisonment for selling heroin. She realizes that abolishing the deathpenalty will not be easy. "Decent people feel outrage over the death of innocent people. I know people commit terrible crimes... but no one deserves to kill them. Forgiveness is never easy... each dayit must beprayed for, struggled f0r..." She encourages people to educate themselves about capital punishment if they are having difficulties picking a side and also stress the importance of public dialogue on the issue. "I would talk to the audience sometimes much smaller than this... 1 remember speaking to an audience of three people at a nursing home. Of course, two of them nodded off, but at least I had the attention of one person," she said. �September 15, 1997 THE OPINION 7 "I'll just look interested." Deep Thoughts with Joe Huang. "You!! Are you kidding me?" The new home oflLs. O'Brien Hall — Bastion ofLegal Scholarship. �THE OPINION 8 September 15,1997 Guess who hada bad day U b% A bad day at work can often lead to verbal abuse at home. Think about what you're saying. Stop using words that hurt. Start using words that help. 11I| -'MiX wM v* I pgincii ' v>//»>yvlC Tr\rl i v 9 KtiQnal "A* Iγ^ ' 4flv chica^|j^g^nnr For helpful information, Committee for Prevention oil box 2866E, 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/47e41a1eef1b1a4bb027fd258d65ef00.pdf 226a8abed28ee2ad170ba59ebdbd6429 PDF Text Text Bringing the Issues to the Students Since 1949 THE OPINION Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 23,1997 Law School to offer international law concentration by Rochelle D. Jackson, Editor-in-Chief Students interested in practicing international law, or learning extensively about the international legal system, will be given an opportunity to do just that. This academic year, ÜB's School ofLaw will add to its potpourri oflaw concentrations, a concentration in international law. Currently theLaw School offers several different concentrations some of which includes, family law, financial transactions and poverty law. According to Professor Makua Mutua virtually every law school in the United States and around the world offers a course in orrelated to international law. "Like other major law schools in the United States, UB believesthat legal education would be incomplete without an opportunity for students to be exposed to international law," Mutua stated. It is hoped that the concentration will provide students with an opportunity to further explore and understand the complexities ofinternational law. Armed conflicts between states, the international movement of persons, human rights and group rights, the environment, contractual and involuntary relationships among states, are just some of the areas the concentration is designed to cover. According to Mutua, the norms governing these relationships, often expressed in the language of the law, deeply influence both the domestic and foreign policies of states, and affects the behavior of individual and institutional actors around the globe. The totality of these norms, processes, and institutions has been reduced into one broad academic discipline: international law. "The Law School is confident that these opportunities will make UB a destination for people interested in international law and prepare students for careers iathis vital field," stated Mutua. "The practice of law nowrarely stops at the borders of one state; many legal transactions are affected by events in other states. Quite often, lawyers are required to understand and interpret events in other countries, including the different legal systems in those countries," Mutua For the Public Interest NAPIL to hold Career Fair For the Public Interest is a column submitted hy the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community of the many facets of Public Interest Law. The NAPIL (National Association for Public Interest Law) Career Fair will be held Friday, October 17th, at American University s Bender Arena. The Fair will include both individual pre-scheduled interviews from 8 am.- 12 pm. and a "Table Talk" session from 130p.m. - 5 p.m. The purpose of Table Talk is to provide an opportunity for students and graduates to exchange information with employers in an informal setting. Students are encouraged to bring an ample amount of resumes. This is a great opportunity for students to find summer and career employment in the public interest fields. While first year students are not allowed to interview, all students are en- couraged to participate in the Table Talk. Organisations from a wide array of fields will be present, so all law students should examinetheNAPlLeniployer listingavailable in CDO. These groups include: The NationalLawyers Guild, Alliance for Justice,The EEOC, The AmericanTrial Lawyers of America, the ACLU, Commodity Futures Trading Commission, the Comptroller ofthe Currency, Farmworker Justice Fund, Georgetown University Law Center Clinical Education Fellowship, New York County DA, DC Corporate Counsel, U S. Dept. of State, and many others, including someSnftsttat <te?l withpuhi UB Law school is registered for the Fair, so students can forward their resumes directly to the employers by September 26,1997. Students interested in attending the NAPIL Conference on October IWh and 19tb, however, must register. Theere is a payment required. CDO will be sponsoring a van with seats available ona first come, first served basis. The van holds 15 and is filling up fast. We will also be organizing a carpool so that we can match driversand riders. Finally, there will be a party Friday night following stated. Student response to the concentration was positive. "I think it's exciting. I'm taking a class with Mutua now and international law iswhat I hope to do. So it's great that the school is providing this," said Robert Gutowski, 2L. "I think the concentration is necessary for students to get a legal view beyond the American system," said Janette Cortes, 2L, upon hearing of the international law concentration. Additionally, the Human Rights Center, which is located at theLawSchool now offers students opportunities for externships with international organizations. These externshiprange from placement in human rights law to international business law. Four classes, that examine fundamental questions in the area of international law, are required for the international law concentration. A total of 15 credits are required for the concentration. Below is a listing of the required courses for the concentration as well as listing of other acceptable courses. nar Women in Prison Comparative Racism: South Africa and United States Baldy Human Rights Short Courses International Labor Law For more information onthe international law concentation students can contact Dean Olsen's office at 645-2052. Insight into a few UB Law Organizations Law School organizations are an excellent opportunity for students to explore other areas oflaw outside the classroom. They can often provide a source of support andfriendship for students. Below a few clubs provide information about their organizations. Today and Wednesday, September 24th is Organizational Fair Day at the Law School. Stop by and explore your BUFFALO ENTERTAINMENT and SPORTS LAW SOCIETY community please contact Mindy at 886-2140/Box 111 or Kinda 886-4860/ The Buffalo Entertainment and Sports Law Society is an organization focused on complementing education for law students beyond the classroom. For the past few years our organization has provided speakers for practical advice on possible careers after law school. In 1998, theBuffalo Entertainmentand SportsLaw Society will continue to provide career education to any students seeking to learn more about the representation and advocacy of sports and media talent. Any individual seeking to participate with our constantly growing organization should attend our meetings. These meetings will be more frequent this year and supplemented with office hours and greater access to materials concerning sports and entertainment. The Executive Box 173. Board of the Buffalo Entertainment and the Fair in D.C. withalumni ofall fields attending. Students may want to have business cards printed out, in case they make a good contact and new friend. There are sign up sheets for the van and party, midthe list of employers i.savailable as well. If you have any questions, stop by CDO and speak to Shawn O'Buckley in room 612, or call 645-6261. For more information on how you can get involved with the public interest law Required Courses/Seminars International Law/International Jurisprudence Seminar International Law andHuman Rights International Business Transaction International Trade Other Courses Gender, Culture and Human Rights Human Rights Summer Externships Problems of International Human Rights Practice Immigration Law Immigration and Community Semi- Sports Law Society would like interested individual to feel free to speak with us about your ideas and answer any questions. We look forward to your participation and aiding you in your goals. The "Office" is 703O'Brian. OUTLAW Outlaw is a group for gay men, lesbians, bisexuals, law studentsandourfriends and supporters. Outlaw's purpose isthreefold: to offer a supportive haven for g/l/b/ q students, to provide information to the law school regarding issues affecting our community, and to challenge discriminaSee Law Organizations page 4 HIGHLIGHTS Advice to 1Ls pg. 3 Notable News pg. 3 Student ponders legalizing prostitution pg. 4 �- - - 4- EDITORIAL THE OPINION 2 THE ... Volume 38, No. ->3 oo XT Founded 1949 Rochelle D. Jackson Editor-in-Chief Letters to the Editor ««i*»i»*w« jfi OPINION * Life Workshops offered , September 23, 1997 o _- I(W7 Dear Editor, Cindy Y. Huang The Office of Student Life at the State University of New York at Buffalo is offering 15 different Life Workshops for the month of September. A few of the workshops being offered are Tai Chifor Beginners, Exercising with a Bad Back, Car Care 101,andBuying a Home. Most workshops are free and all are open to the public. To get a complete list ofthe workshops, or to sign up, you may contact the Office of Strudent Life at 645-6125, or stop into 150 Student Union. Managing Editor STAFF Business Manager: News Editor: Features Editor: Photography Editor: Art Director: September 23, 1997 Joe L. Huang S. A. Cole Mike Santa-Maria Richard Ramdin Sincerely Office of Student Life Senior Editors: Tony Cao, David Hoffman, Kristin Greeley,Sami Manirath, Julie Meyers, The Opinionis a non-profit, independent, student-owned and runpublication funded by advertising fees. The Opinion, SUNY at Buffalo Amherst Campus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the student newspaperoltheStateUniversityofNew YorkatßuffaloSchoolofLaw. Copyright 1997 by TheOpinion, SBA. Any reproductionofmaterials herein isstrictlyprohibited without theexpress consent of theEditor-in-Chief and piece writer. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissions may either be mailed lo The Opinion, or dropped off outside olthe Opinion office in thebasement ofO'Brian Hall, Room 7. All copy must be typed, single-spaced, and submitted on paper and on acomputer disk (IBM-WordPerfect 5.1). Letters are bestwhen written as apart ofa dialogue and must be nomore than onepage. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinionwill not publish unsigned submissions. We will return your disks lo your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicated to provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of / / / / The Opinion. EDITORIAL: New York State implements mandatory education for attorneys We all know that there are too many lawyers out there, and it's no secret that many oftoday's lawyers are ill-equipped and poorly trained for the rigors of real world lawyering. Well it would appear that the New York State Bar Association (N YSBA) echoes these same sentiments. In fact, it is perhaps this issue and many others (including the inability of many lawyers to effectively deal with clients) which may have led N YSBA to its decision to implement the Mandatory Continuing Legal Education Program (MCLE) for attorneys who want to practice in New York State. This mandate will affect those admitted to the New York State Bar after October Ist of this year. Some may be familiar with the old Continuing Legal Education Program (CLE) which provided attorneys with additional legal education after law school. What distinguishes MCLE from CLE, is that unlike CLE, MCLE is mandatory. With the new program attorney's have no choice, ifthey wantto practice in New York State they are required to continue their legal education after law school. The administration of the MCLE program will be funded by a Biennial fee which will not exceed $25 per attorney. The goal of the program is to promote greater cooperation between law schools and bar associations and more importantly to provide the public with better trained lawyers. Some of the MCLE pro- gram requirements include Client-relation skillstraining, and a mandatory practical skills training program for recently admitted lawyers. Many have embraced the MCLE \ \ \ program and believe that this program will help produce highly qualified and competent lawyers. These are the people who know and understand that most of what we learn in law school has little application in the real world. They point to the fact that many of today's law school graduates know very little about what attorneys do and have even less knowledge of the practical skills (i.c trial preparation, filing motions etc.) that it takes to be a successful attorney. For these people the MCLE program is a divine intervention. Others subscribe to the notion that practical real world lawyering skills aren't learned inside a class room. They feel that thereal learning takes place on the job and in the court room. These individuals feel that itis illogical to think that MCLE program will teach future attorneys what they have already failed to learn in law school. Well like it or not the MCLE program is here, and anyone interested practicing in New York State will be subjected to it. Perhaps, the MCLEprogram should accomodate both of these views by pro- The Opinion is in the process of selecting writers and support editors. If interested, leave a message in mailbox #86, or contact The Opinion office at 645-2147 or e-mail Rochelle Jackson at rdj3@acsu.buffalo.edu \ \ \ \ I I The Opinion welcomes your submissions. It matters. The opinions you want to hear. viding attorneys and law students with both practical lawyering skills that will operate in everyone's best interest. If youhave an opinion on anything punlished in our newspaper or on any current topic that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics ofinterest to the law school community and must not belonger than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside of the Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events �THE OPINION NEWS/FEATURES September 23, 1997 3 BRIEFS ...In and Out of UB Across the Nation Fourth Amendment caretaking doctrine upheld In Virginia, police entering a house to investigate a missing persons report, only to find illegal narcotics in the home, were justified under the Fourth Amendment's community caretaking doctrine, even though the search was conducted without a warrant. Entering the house to apprehend a man who was beating his wife, the police at the same time sought evidence regarding a missing teenage stepchild, the police had a reasonable basis to conduct the search, even though they found contraband they were not searching for. Upholding the trial court's admission of evidence, the court observed that the deputies search was motivated by a desire to find the stepchild, not to conduct a criminal invesitigation. Wood v. West Virginia, Va Ct.App., No. 0605-96-2. Fourth Amendment applied narrowly in Wisconsin In Wisconsin, police delivering an underage drinker home to hi s older brother had no cause to enter the house, whereupon they found the older brother engaged in sexual conduct with a minor. The court suppressed evidence obtained by way of the entry and ruled that the police only had cause to bring the underage drinker to the door of his house, and that entering the home was a violation of the Fourth Amendment. Wisconsin v. Dull, Wis.Ct.App, No. 96-1744-CR. llth Circuit holds roving drug searches okay The llth Circuit has decided that roving drug searches, where drivers are stoppedfor a motor vehicle violation,and then requested for permission to search the car for illegal narcotics, are constitutionally permissible searches. Even though thereason for the stopis pretextual, the stop is licitand the request to search is protected. U.S. v. Holloman, CAII, No. 96-2714. Connecticut finds polygraph evidence impermissible Connecticut has decided that polygraph evidence, or "lie detector" results, are impermissible, due to their potential for creating unfair prejudice. It is the jury's function to consider the veracity of evidence, not machines, and the Connecticut Supreme Court has decided that any value the polygraph might have is overwhelmed by its implications for a fair trial. Connecticut v. Porter, Conn.Sup.Ct., No. 15363. At Home UB Professor appointed to National Abortion Federation UB Law Professor Lucinda Finley has been elected to a three-year term on the board of directors of the National Abortion Federation. Finley, who specializes inreproductive-health law, product liability reform, and exposure to toxic products, presented oral arguments before the U.S. Supreme Court last year in the case Schenck v. Pro Choice Network of Western New York. Erie County Bar Association choses new president-elect Bernard B. Freedman of Amherst, senior attorney at Norton, Radin, Hoover & Freedman, was elected as vice president/president-elect of the 3,500-member Bar Association of Erie County. Freedman defeatedJames A.W. McLeod, second assistant Erie County attorney, for the toppost in the 110-year-old organization following a day ofvoting by 996 attorneys in Erie County Hall. Freedman will assume presidency in June 1998. He was chiefofthe Civil Division of the Legal Aid Society of Buffalo, a judicial hearing officer for Erie County Family Court and an instructor at Medaille College, prior to joining Norton, Radin, Hoover & Freedman. Freedman was admitted to the New York bar in 1964 and is a graduate of ÜB's School of Law where he was on the Board of Editors of theLaw Review and member ofthe Lincoln Law Club. Bar Association members also elected the following officers and directors: Michael P. Daumen, deputy treasurer;Ann B. Bermingham, David G. Jay,Linda J. Marshand Gregory P. Miller as directors for three-year terms; and Nominating Committee members Michael A. Battle, Peter J. Brevorka and Marianne E. Hanley. Interested in what UB fs Law School organizations have to offer? Then attend the Second Annual Law Student Organization Fair on Tuesday, September 23rd & Wednesday, September 24th from 11:30 a.m. to 2:30 p.m. on the firstfloor of O 'Brian Hall. My Spleen: "Lasciate ogni speranza, voi ch'entrate" by Kristin Beth Greeley, Columnist Note to Readers: This column is not about any of my internal organs. The definition ofthe word "spleen," in pertinent part, is as follows: spleen: 1. a large, vascular, lymphatic, organ in the upper left part of the abdominal cavity of vertebrates near the stomach: it has various functions in modifying the structure of the blood, and was formerly regarded as the seat of many emotions. 2. a) malice; spite; bad temper Source.Webster's New World Dictionary First, I'd like to personally welcome all of my esteemed colleagues back for another exciting year of law school. I hope your summer vacations were vacations, at least to some extent. And to the lLs, I would like to welcome you to the beginning ofthe wondrous journeythat is law school. Actually, this column is directed at you. (You probably knew that if you could translatethe title.) I didn't want to miss my chance to impart some pearls of wisdom about your first harrowing year in law school, as some others have taken the liberty of doing in the first issue of the Opinion. Oh, where to begin...Well, let's beginat the beginning - the beginning ofmy law school career. I was fresh out of college, and a year younger than everyone else in my class who was fresh out of college. I missed my friends, my family, people I hated, and the careless abandon with which I had conducted my former life as an English major at a SUNV school south ofRochester thatshallremain name- I didn't think the classwork was terribly difficult, although I did think it was boring. It was, however, very stressful, since I had nothing by which to measure my progress, and no idea what I was doing. By listening to my classmates talk about how much workthey did, I gatheredthat I wasn't doing enough. And my social life went down the toilet. There was a whole new crop of people, many ofthem quite a bit olderthan me, and too much work for fun. Allin all, I had a horriblefirst semester. Those ofyou who know meremember it, I'm sure. It was so bad that my father offered to pay off my loans for me if I really didn't wantto goback in the Spring. Yet I returned, and am still here at the beginning of my final year. By now you're saying "So what? You're a third yearlaw student. Big deal." Well, my point is that first year is really rough on everyone, and almost everyone makes it through. As a then second year friend told me when I was a first year, "They wouldn't have let you in if they thought you were going to fail." And "they" wouldn't have. They need your tuition dollars too much. The work is difficult, but once you get the hang of it, it's not so bad. You'll never really get used to the idea that in most classes, you only have one chance to prove that you learned something and to get a decent grade, but you will learn to deal with it. It's just a matter of getting used to an entirely different system of learning than most of you are familiar less. with. And yes, they are trying to brainwash you they're trying to get you to think like a lawyer. Don't worry, though. -- You will return to your normal thinking patterns around Christmas. After that, you can switch your mode of thinking as necessary. Don't lose sight of who you were before you started law school. Find time to do some ofthe things you enjoy. You probably won't have as much time for your social activities, but do fit them in somehow. (Especially if you're used to exercising on a regular basis.) Also, try to make sure you socialize with people who are not law students once in a while, too. Once you've gone through therigors of an entire semester of law school, next semester won't be half as bad. I promise. You'll notice a change in your classmates. They will be a lotless uptight. At least most ofthem will some will be as uptight on graduation day as they were on orientation day. For your sanity's sake, you should probably keep your contact with these types of people to a minimum. You'll have the confidence of knowing that you've been through itall before, and done it, hopefully successfully. Success. What a stupid word. Actually, it's not a stupid word. The definitions that some people (your classmates included) give it are often stupid. Don't worry about other people's goals and achievements. If you do, then you'll make yourself either nuts or arrogant. Do whateverinterests you and try not to spread yourself too thin. Whatever your transcript and resume end up saying after tnis year, be proud of yourself. You've made it through something that most people wouldn't even consider doing. But don't get too proud of yourself. This isn't brain surgery or cancer research, or working with the poor in. Calcutta for, the rest of. -- your life. I almost forgot a piece ofadvice for the older students who maybe haven't been students for a long time: Don't worry about how long it's been since you've been a formal student. Everyone starts at the bottom in law school. None of you have ever been law students before, so you are all at square one. Older students also have the advantage of experience going for them. Because you have been in the "real world," you are often able to put this whole experience in better perspective than some of the younger students. Many older students also have families to take care of at home. I think this helps sometimes too — they have something more important on which they need to focus their energies than law school. Well, this column turned out to be more upbeat than the title suggests. I must be content with my lot in life as a law student today. This is not always the case. Law school does get better after the first year, but it's never a walk in the park. I personally can't waituntil I graduate, bar exam aside. Like anything else, law school will have its ups and downs. It's how you deal with these changes that will determine your level of happiness. At any rate, good luck. By the way, it means: "Abandon all hope, ye who enter." It's from - Dante's Inferno. �THE OPINION 4 NEWS/FEATURES September 23, 1997 Prostitution: Not Just For Breakfast Anymore by SA. Cole, jNews Editor Back in thesalad days of my undergraduate years, I had a legal philosophy professor who liked to challenge the beliefs of his more libertarian students. A scholar and a gentleman, Hadley Arkes was one of thefew Republicans I've ever known to not only espouse a conservative ideology, but possess a thoroughly cogent, rationally-based belief system to underscore it. Besides that, he had a wry sense ofhumor and was not loathe to use it. Most conservative Republicans will "rimming" in the classroom, but in the interest ofscholarship, Professor Arkes pulled it off with aplomb. Hereis a non-verbatim(heaven help me if he ever reads this) reconstruction ofhis dismissal of legalized prostitution: 'There are several reasons why legalized prostitution is not consistent with our system of law. We must remember thefirst principles ofthe law: that human beings are rational, family-based individuals, responsible not only to themselves, but to thefellow members oftheir polis. The central building-block ofthis system is the sanctity of the family. Marriage, and thesexual relations therein, are the tangible means by which this central unit is achieved. Prostitution, and it's temporary imitation of the marriage contract, jeopardizes this bastion of the system." In tandem withthis high-seated dismissal of prostitution as a legitimate part of the working world, however, was a more pragmatic critique: "So, we legalize prostitution. The not discuss Law Organizations Tory conduct and policies both withinthe school and in the larger society. Outlaw is committed to social justice and seeks to continue building alliances with the numerous other groups on campus who are striving toward that end. Last year Outlaw hosted the first annual Outlaw Dinner and Celebration which was a celebration for all of us who work inside and outside of the justice system to make a place for us in this sometimes hostile world. The event was a susccess and this year's dinner will be held in the Spring. Among other activities, Outlaw takes part in Coming Out Day on October 11th, holds mothly potlucks and sponsors various speakers. All are welcome! For more information, call. 645-2161, or stop by Room 118. or leave a note in box 441. LABOR AND EMPLOYMENT LAW ASSOCIATION Are you interested in meeting and networking withlocal attorneys and union and government practitioners in the field of labor and employment law? Do you want to support labor and improve the conditions of workers in Western New York? The Labor and Employment Law Association (LELA) welcomes to our group all law students, faculty, administration, and others at the University with an interest in the field of labor and employment law. Since its founding in 1992LELA has provided students with contacts in the labor community for purposes of job recruitment and development. The group centralizes information about alternative careers in labor and employment—information often not readily available to stu- selling of one's sexual favors becomes a legitimate trade, the kind of future occupation you can tell your guidance counsellor when she asks what your plans for the future are. Of course, she can then recommend the appropriate undergraduate facility for you to obtain a degree for your career. You can take classes, training you to be the best prostitute you can be. Graduateand doctoral degrees will be available for those who excel in the field." I should have known there was an ideological clash in thewind when everyone else in the class laughed, while I shrugged my shoulders, saying, "Why not?" The only thing I found remotely funny about such a postulate was it's irony-in my opinion, most undergrads spend a great deal of time researching that which could prepare them for a career in prostitution. Professor Arkes' philosophy encapsulated a worldthat was filled withhappy families, working and striving for the collective good ofthe polis. In his view, the law existed not only as a barrier to what was illicit, but as a nudge toward that which was good. Therewasroom for various spiritual beliefs (although God was always around), but people were ultimately accountable for their behavior in regard to the principles involving the collective good of mankind. Like communism, this kind of system only works if everybody is willing to play by the rules. Now. Walk down Bailey Avenue in Buffalo some night, and observe just how many people aren't playing with the rest of the team. And why should they? Yes, the transformation of sex from thefulcrum of the marriage to a commodity in the capitalist system is fraught with implications for the principles our society is based on. But if those principles are so fragile, so easily jeopardized by commercial copulation, then perhaps they should not be the building blocks of our society. But that is not my argument. I believe that the basis of our society is the family—by which I mean any stable group of people who provide a caring environment wherein children are raised. This group can consist of a man and a woman, five women, or six hermaphrodites and a dog. Do the people who provide a loving environment for the care and instruction ofimpressionable youth have to bescrewing in order to provide that environment? No. In fact, a lot oftime it's the screwing that gets in the way. Families should not be predicated on sex—especially in this day and age where children can be produced in a multitude of synthetic ways. And sosex and family are two very separate entities. One is not intrinsic to the other. Which, philosophically, brings us back to the question of what goes on down on Bailey Avenue. A walk down Bailey will reveal that the current life of a prostitute is hard; walking the streets, standing out in the cold, theyare vulnerable to muggers, rapists, and killers. Being on the outside of the law, it's hard for a prostitute to enforce his/her rights-when someone rips you off, how do you explain to the police that you turned a trick and the customer skipped out on the pay? Examine the statistics and it will be revealed that thelife of a prostitute is also unhealthy. This sort of occupation is right up there withlogging, construction, and asbestos removal. With some fairly easy precautions, however, the danger is virtuallyremoved. As for the danger that is left—well, they get killed occasionally, but we still have loggers, construction crews, and guys who take out asbestos. Life is risky. At best all we can ever do is minimize the risk. In a world with legal prostitution, the law could require regular check-ups and license renewal for the workers. Prostitutes could work from a safe, established environment with regular security. They would not be threatened With imprisonment forrevealing the nature of their work. Legal izingsomething isnever countenancing it. And legalized commercial sex is always what you make of it. For instance, I write this article, I endorse this position—but if I ever caught a significant other of mine with a prostitute, they'd be out on theirbackside. I'm sure the same goes for almost everyone. That isn't the issue. I wouldn't live with a drug addict, either. But my personal morals do not set the standard for us all. Besides, nothing adds character to a neighborhood like a nice, old-fashioned brothel. We could put it on Hertel, just next to the topless bar. cont'dfrom page 1 dents-and faciliates the securing of internships and permanent positions in the field. Students with an interest in alternative dispute resolution, union organizing and investigative positions in the government, for example, benefit from LELA's resources. This semester LELA will host meetings with labor practitioners from local law firms, government agencies and union organizing departments. LELA's other primary activities include: Co-sponsorship of an annual internship scholarshipwiththe UnitedFarm Workers. Students receiving this scholarship have furthered the goals ofCalifornia agricultural workers in the context of California's ground-breaking labor law. Participation and attendance at local labor-related events. This year LELA will provide active support ofthe Graduate Student Employees Union (GSEU), the Coalition for Economic Justice as well as other labor groups in Western New York. Hosting of lectures and debates concerning current and proposed legislation dealing with labor and employment law (such as the NationalLabor Relations. Act and the New York State labor law). Topics of importance to organized and unorganized workers are discussed, such as contingent and low-wage work issues. ■ Lobbying to ensure a broad spectrum of course offerings in the field of labor and employment law at the Law - School. Screenings of documentaries and movies devoted to labor themes. For more information about membership and activities, please contact Theresa Merrill or Joane Wong. h% M ■ I DRUNK DRIVING DOESN'T JUSTKILL DRUNK DRIVERS. Brendan Moniz, killed December 9,1988 at B:lspm on Airport Rd., Warwick, RI. Next time your friend insists on driving drunk, do whatever it takes to stop him. Because if he kills innocent people, how will you live with yourself? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9901827814a08d6b46cb940fb23e3dda.pdf 7966f92166c84a9ab122da5c97204ece PDF Text Text Special Issue on Domestic Violence Bringing the Issues to Students Since t949 the THE OPINION Volume 38, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 6,1997 West Bar Review closes by Sol Sandberg, News Writer Students returning from their summer vacation will have one less choice when it comes to choosing a bar review course. This summer West Publishing Group announced in a letter to its representatives and students that it will no longer offer "live session" courses. So what does this mean exactly? In a second letter to its representatives, dated September 26, the West Group, admitted that it was closing its were automatically signed up for a bar review course for less than- $1,000. If "reps" signed up seven or eight students hey were offered a complete course free of charge. In thepast academic year, a plethora of students took advantage of earning a free course by becomingrepresentatives. Some students who were able to earn a free bar course with West used their savings to pay for a review course spe- cifically tailored to the multistate por- bar review. tion of the Bar. Others merely delighted in the fact that they would not need to According to HarvardLaw Record, "The announcement follows last year's $3,425 billion purchase of West by Thompson Corp, a Canadian publisher of newspapers and legal and professional publications." loans to pay the $1800 it can cost to prepare for the Bar. This summer, West student representatives and enrollees received their first notice that the bar review course West Bar Review began offering bar exam preparation courses in 1995. West's courses gained increased popularity in thelast two years by offering bar review courses of high quality, taught by nationally renowned law professors at substantially discounted prices, amounting to hundreds of dollars less than the course offered by one of its main competitors Barßri. During the past two years, West Bar Review, in the Western New York area under the leadership of Raymond Welch, a UB law alumni, became known for the strong effort it invested in attemptingto effectively compete in the bar review market. Law students were offered, with no obligation or commitment, large numbers ofreview books for subjects commonly on taught in classrooms and the Bar. In addition, law students who became "reps" with West course individual study course would be offered to current West Bar Review enrollees, "and only during a transition ,. period. It would include written materials and audio cassette lectures for the Multistate Bar Exam and local bar exams, WestWare, interactive practice testing software, the program, and access to reference attorneys. West Bar Review representatives were offered the same package free of charge. Because alternative bar review Groups s long term technological or strategic goals." The letter further stated, "Consequently, the decision has been made to discontinue offering classroom-based course for upcoming exams." No other explanation for the abrupt change was made. courses like Barßri offer students cheaper rates ifthey sign up in theirfirst and second years, students who plan to decline West's offer because of concerns about the quality ofthe individual study course face significantly higher prices in paying for their review course than most students who took advantage of the offer in their first or second year. Students who declined to sign up with any bar review course in their first and second years on the assumption that they would take advantage of West's competitive prices in their third year also face this predicament. The letter is unclear as to whether students who did not have a previous association with West Bar Review may enroll in the individual study course. For its part, Barßri has sought to enroll students who signed up or had planned to sign with West. In the past few years, Barßri has stressed theexpe- Students who had signed up and paid a deposit for the West Bar Review course were offered the option ofreceiving a complete refund of their deposit or using their deposit towards an individual study course. According to the letter the rience and higher quality ofits organization, and is currently sharpening its marketing efforts utilizing new techniques. In an e-mail message sent to hundreds of students in the law school, Jeremy Best, the head representative of work longer hours or take out additional they had planned, budgeted, and.worked for would not be available as was originally offered. In the first undated letter, West Bar Review stated, "After careful consideration, it has been determined that the West Bar Review format of "live session" courses does not fit with West , Barßri for the third year class informed both new and returning students of Barßri's table hours on the first floor of O'Brian Hall. He stated, "The West Bar Review is officially defunct The news about West Bar Review is not a joke, call them and ask for your self, if their number is still connected." Patrina Keddell, a 3L, who had signed with West as a representative, complained at being subjected to Barßri new marketing attempts. She explained that Barßri had made a list of all the students in the law school whowere signed up with West and that they were aggressively attempting. Keddell also indicated , that given Barßri s current marketing policy and prices she would not enroll with it. She remained hopeful, however, about the future possibility oftaking a bar review course, saying that she recently received a letter from West stating that it was investigating the possibility of offering a live course for those who signed up with it. Vandalism Prompts Concern; Stricter Speach Code at UB? S.A. Cole, jNews Editor Last week, UB students were dismayed by the appearance, and delayed removal, of grafitti that used harsh language and transmitted a racial slur. The grafitti, which was on the first floor of the Knox building, was room moved four days after a detailed complaint about its content and location had been called in to Public Safety. To explain the deliteriousremoval, bothPublicSafety andthe UB Custodial staff have been queried, and both have offered reasons ranging from inability to locate the grafitti, to the need for special cleaners and paints to obliterate the offending message. Many students, however, do not find this explaination sufficient. Several articles in the UB Spec- trum have expressed ÜB's need to "be more aware" o* racial tension, and "be less tolerant" of threatening messages and mindsets. The Administration has responded by initiating discussions regarding harsher punishments for "hate speech." Others have pointed out that UB could simply tighten up its vandalism policies. Discussions regarding this subject will be taking place this month and beyond. I that subject. The Opinion would like to thank Professor Sue Mangold, Professor \ Sue Tomkins and the \ Domestic Violence \ Task Force for their \ contributions, ideas I \ and support. / / J I Ujfl �EDITORIAL THE OPTNION 2 THE OPINION Volume 38, No. 3 F Unded 1949 ° Rochelle D. Jackson Editor-in-Chief 4October 6, 1997 Cindy Y. Huang Letters to the Editor Moot Court Board invites students to clerk Managing Editor STAFF Business Manager: Joe L. Huang News Editor: S. A. Cole Copy Editors: Enrique Benitez& Stephanie Howe Photography Editor: Richard Ramdin Editorial Editor: Fidel Gomes Senior Editors: Tony Cao, David Hoffman, Kristin Greeley, Sami Manirath, Julie Meyers, The Opinionis a non-profit, independent, studeni-ownedand runpublication fundedby advertising lees. The Opinion, SUNY at Buffalo AmherstCampus, 7 JohnLord O'Brian Hall, Buffalo, New York 14260, (716) 645-2147. The Opinion is published bi-monthly throughout the Fall and Spring semesters. It is the .student newspaperoltheStateUniversityotNewYorkatßut'ialoSchoololLaw. Q>pyright 1997byThcOpinion, SBA. Anyreproduction of materials herein is strictlyprohibited without the express consent of the Editor-in-Chief and piece wnler. Submission deadlines for letters to the editor and Perspectives are 5 p.m. on the Wednesday preceding publication. Advertising deadlines are 6 p.m. on the Thursday preceding publication. Submissioas may either be mailed to The Opinion, or dropped off outside of the Opinion office in thebasement of O'Brian Hall, Room 7. Allcopy must betyped, single-spaced, and submitted onpaper and on acomputer disk(IBM-WordPerfects.l). Letters arebest when written as apart ofa dialogue and must be no more than one page. Perspectives are generally opinion articles concerning topics of interest to the law school community and must be no more than two pages single spaced. We reserve the right to edit any and all submissions as necessary. The Opinion will not publish unsigned submissions. We will return your disks to your campus mailbox or to a private mailbox if a selfaddressed stamped envelope is provided. The Opinion is dedicatedto provide a forum for the free exchange of ideas, therefore not all the views expressed in this newspaper are necessarily those of the Editors or Staff of The Opinion. I knew exactly what I was going to say and how I would write it. You see, I had it all planned out. I knew what this editorial was going to be about. Until a few days ago I'd written it completely out (not exactly on paper, but at least it was swimming around somewhere in my subconscious). And that was the end of it. I would address the perils of domestic violence. And then it happened, by accident actually, as I was leaving my apartment I came to an abrupt stop. The CNN story, about athirteen-year-oldgirl who committed suicide because her classmates harassed her about being overweight, seemed to rupture an artery somewhere. 1 think I actually became enraged, confused and sadden all at once. Apparently the night she committed suicidea group of teenagers from her junior high school threw stones at her home. Of course, a few of the teenagers involved were being held for questions, but no one had been formally charged with any crime. Violence, I thought, just another case of ill-human nature at work. I fwe accept the premise that violence is just human nature then we accept the fact that violence is inevitable. I, for one, can not accept that graciously. I think that humans are predators by nature; there is distinct The Buffalo Moot Court Board invites students to serve as a clerk for this year's Charles S. Desmond Memorial Moot Court Competition to be held later this month here at ÜB. The clerking experience isbotheducational and fun, and clerks are an essential component of the competition. The duties of a clerk include keeping time during the oral argument rounds, tabulating the competitors' score, and assuring that the oral argument rounds are round smoothly. reports of women being beaten, stalked and killed by a significant other seemed ordinary. It appears pretty apparent that perhaps humankind isn't quite as evolved as it would like to believe. Violence, whether it is violence between two people whoknow each other or whether it is between two strangers, is wrong. Yet society seems to have become almost nonchalant about it. We have become experts at categorizing our violence. Perhaps a poignant example is the Jonßenet Ramsey case. For months, the media has fiercely covered this story. Americans have wept at this girl's tragic death. Where is outrage and out pouring of emotions for the Latina, Asian, black or Native American childjust as savagely beaten or killed. Until will oppose violence of every kind on every level it will continue to be apervasive force in American society. Rochelle D. Jackson, internship now being accepted Dear Editor, Applications for lLs and 2Ls are requested for a summer internship in Warsaw, Poland, at the Women's Rights Center. Spend ten or more weeks working with one of the most interesting activist women's rights legal centers in Central Europe. Issues to be worked on include domestic violence, sexual harassment, reproductive freedom and women's employment concerns in the Perks include meeting attorneys and judges from the Buffalo legal community, which is an excellent opportunity for you to network. Moreover, this is the perfect opportunity for those interested in participating in Moot Court in general, and next year's Desmond in particular, to see first hand, how the competition works. You will be invited to the new market. A demonstrated commitment to women's rights is essential for this position. Knowledge of Polish is not required. Partialfunding is available. More funds maybe available depending on the number of Polish Theatre and Ait Posters sold at Talking Leaves Bookstores and matching funds from BPILP. Happy Hour held after the last preliminary round!!! Another opportunity to summer intern in Poland and Erin Barclay Clerks are needed for three nights of competition. Awareness is Key Applications for summer Poland Dear Editor, network!!! EDITORIAL: October 6, 1997 Monday, October 27, 1997 Tuesday, October 28, 1997 Wednesday, October 29, 1997 Rounds are scheduled at 6 p.m. and 8 p.m. on the above dates. If you are interested in being a clerk, please come to the meeting on Tuesday, October 7, 1997in Room 106 at 6 p.m. The meeting will be short. If you are unable to attend the meeting but still want to clerk, please leave a note for Jennifer Noah, mailbox # 472. with your name, box number, telephone number and a date and time of the round for which you wouldlike to clerk. Thanks, and looking forward to seeing you October 7*. Kristin Long (box #441), the 1996 (box#3o4), the 1997 intern, will give two informational presentations on their experiences at Women's Rights Center on October7at 12:00p.m. in room 106,and OctoberBats:oop.m.inroom2lo. Both Kristin and Erin can also be reached through their mail boxes. Please submit a resume and a statement explaining your interests in the position and your qualifications to Pro- fessor Isabel Marcus in 615 O'Brian Hall. Applications must be submitted by November 12. Sincerely, Kristin Long Sincerely, Desmond Moot Court Board Editor-in-Chief The Opinion welcomes your submissions. It matters. The Opinions you want to hear. difference. At least a predatory nature can be tempered. Indulge me for a moment. Domestic Violence Awareness Month. Hramn. Somehow there's something fundamentally wrong with that. Why does society need an awareness month for domestic violence? Until a few years ago (and perhaps even now) domestic violence was almost as common as picking up a newspaper. News If youhave an opinion on anything published in our newspaper or on any current that concerns the law school community, write to The Opinion. Letters to the editor are best when written as a part of a dialogue and must not be longer than two pages double-spaced. Perspectives are generally opinion articles concerning topics of interest to the law school community and must not be longer than four pages double-spaced. All submissions are due the Wednesday before we publish in the hotbox outside ofthe Opinion Office. Your submission must be typed, single-spaced, and submitted on paper and on a computer disk (IBM-WordPerfect 5.1 format). Send your submissions to The Opinion office, in the basement of O'Brian Hall, Room 7. events topic �October 6, 1997 THE OPINION NEWS/FEATURES 3 For the Public Interest BPILP Fellows excel at public interest jobs For the Public Interest is a column and filed for Appeals Council appellate submitted by the Buffalo Public Interest Law Program (BPILP). It is designed to educate the community ofthe many facets of Public Interest Law. reviews, and also filed complaints and motions. Kinda was very excited that her fellowship became so challenging andfulfilling. TheBuffalo Public Interest Law Proam, better known as BPILP, provided i fellowships to UB Law students this ist summer, which resulted in a wide ray ofrewarding public interest experiences at sites within the country and iund the world. This article is the first a two-part series describing the experiences of the Summer 1997 BPILP fellows. Marranca. Mindy is also a director of BPILP for this academic year. She worked for I Kinda Serafi. Kinda currently c of the directors of BPILP. She her spent t summer at Westchester/ PutnamLegal Services in White Plains, NY. Kinda began her fellowship in the Disability Unit, observing, researching, writing on administrative hearings, well as housing law issues. Later, she sumed a vastly greater amount of work her site, taking on all the responsibiliis of an absent supervisor, having constant contact with clients and reorganizthe Unit in preparation for the arrival a new attorney. She did all intake and review work on potential cases, wrote td t; Mindy the Unemploy- Action Center in New York City, a clinic in which 5 law schools participate. UAC represents unemployment insurance claimants at administrative law hearings. Mindy represented almost 40 claimants before various AdministrativeLaw Judges at the Department of Labor, preparing clients, ment conducting direct and cross-examinations, and making closing statements, much like a trial procedure. She also counseled 3(J other claimants by phone when limited staff rendered UAC unable to represent them. Mindy worked on appeals for claimants, as well. She speaks very highly ot her experiences with UAC, extolling the virtues of client contact and trial advo- X Susan Bjornholm. Susan is a raising director for BPILP. Her felhip was in conjunction with Students of Law for Animal Rights (SOLAR), of which she is the director this year. Susan worked withCitizensF.nvirnnmentalCoa- on focused community issues such as toxic waste sites, pollution in Monroe and Erie counties, and other parts ofthe region. CEC works with the EPA and DEC, as well as with area citizens, to influence Congress and other government organizations to clean up hazardous waste sites. Susan found her fellowship very helpful in developing her understanding of environmental law and the dynamics of environmental debate among governmental bodies, organi- zations and the public. Patrick Maher. Patrick worked for Legal Aidßureauof Buffalo, Inc. Through a practice order he obtained from the Appellate Division, he was able to truly represent low-in- come property owners for the Housing Unit of the Bureau. He interviewed clients, negotiated utilities payment plans with the City of Buffalo, researched deeds and mortgages, and counseled clients on many property matters. Patrick prepared for,trials by inves- tigating cases, researching relevant law, serving subpoenas, interviewing witnesses and preparing witness questions. Hefeels the most rewarding experiences of the job were the extensive client contact and the and writing opportunities. Lourdes Ventura. Lourdes travto South Karch Africa this summer to work with the Legal Re- sources Centre in Cape Town. Her activities included a very full schedule of researching and writing, visiting the South African library, attending hearings of Parliament and the Truth and Reconciliation Commission, visiting townships and squatter camps, speaking with Minister Special Advisors, attending lectures at the University of Cape Town and the University of Western Cape, and attending union meetings. Lourdes also absorbed some of the local culture by accompanying South African friends on excursions to see the sites, including a trip to Egypt. Beata Banas. Beata worked with Legal Services for the Elderly, Disabled r>r Disadvantaged of Western New York. This agency covers 4 counties as well as Ihe Seneca Nation. Beatas worked in the agency's Housing Unit, negotiating for See BPILP Fellows page 4 The Early Bird Catches The Worm ... And A $200 Savings! When you register for Pieper Bar Review before November 1,1997, we will automatically give you a $200 Early Bird Discount off our $1795.00 tuition. Remember, the deadline is November 1,1997. Call 1-800-635-6569 or see your Pieper Representative. �THE OPINION 4 NEWS/FEATURES October 6, 1997 The Anarchist by Russ Klein Columnist America rs number one terrorist organization A friend ofmine once told me that we should "fight organized crime abolish the IRS." I always thought that the quote had a nice ring to it -- it said so much in so little space (though I don't know the original source of the quote). The funny thing about my friend, is that he wasn't exactly what one wouldconsider an "anti-government" type of person. He just truly despised the Internal Revenue Service. On the news, Americans are finally getting a wide-scale lesson in justthe sort of tactics that everybody's favorite tax collection agency is up to. Many victims of tax zealously testified about the difficulties that they have had to go through in dealing withthis agency. Threats threats ofhaving their wages attached, theirhomes and property seized (a nice word in this case for stolen), and their lives destroyed. The victims involved ranged from an average business woman to a religious fig- - - ure. On CNN 'sTY show Burden Of Proof, a former IRS Commissioner was a guest, and he was extremely eager to point out that these were obviously isolated cases, and we couldn't make judgements based on them. But is this true? The hearings on Capitol Hill also had a number of the IRS's own agents on. They talked about wide spread corruption and a system that specifically targeted the poor andthelower middle class (that is, the workers!). Why did the IRS do this? Its obvious, they said the poor can't defendthemselvesagainst a limitless bureaucracy when it puts all of — its weight against you. Its an amazing case of abuse to the extreme. The IRS's agents knew that the poor would be filled with fear and panic and be quick to settle and make a deal to avoid audits by the IRS CUSTOMER SERVICE? While watching CNN today, the news was interrupted so that the acting commissioner of the Internal Revenue Service, and the Treasury Secretary Rubin could share with us that they have reformed themselves. In a frightening display, they kept referring to us as customers, as if they were some kindoffast food outlet ("umm, yes -1 would like one 1040, one Schedule A exemptions form, and a small coke. To go...oh...onethirdofmysalary? Ok"). If this really was a service organization, its likely they'd go out of business. Still, they want to win back our trust, and perhaps I should listen to what they are offering to customers like myself. They promise that they will now be more sensitive to our needs. They are going to stop keeping track of statistics by district for comparison purposes, and they said that quotas would be eliminated (haven't they denied the quota system all these years? Not veryhonest...). Thisallsounds good, but the root ofthe system is so much deeper than this, that these reforms (assuming they actually happen) will do noth- WHY REFORM FAILS One of the greatest problems in the IRS is its enforcement abilities. We are talking about an enforcement organization which compares unfavorably with some of the most notorious ones. The IRS has a legion of tens of thousands employees. They have the power to know private stuff about you that you quitepossibly would not have to reveal in a court of law (under fifth amendment protection it is interesting that there is no way around this with the income tax). The worst part of the IRS's legal powers, however, comes from Title 26, Chapter 64, Subchapter D. This is the section of the Internal Revenue Code called "Seizure of Property For Collection ofTaxes." The great sin in this part is that it seems to give the IRS the ability to seize your property and make forcible payments — without having to go to court to prove a thing! "If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax.. .by levy upon all property..." 26 USC §6331. You want to fight the levy of your property? You have to take them to court (could you imagine if you were picked up for murder, and then thrown into prison, and it was up to you to take the police and state to court to prove your lack of guilt or the wrongfulness of the arrest?!). All this,and we haven't even gotten ing. into the problems with the income tax — This is the ultimate incarnation of bu- reaucratic money-terrorists. — -- itself something that could require an Opinion about 50 pages long. CONCLUSION With theIRSreported to have spurred a fair number of suicides (for example, Irwin Schiff, in his book The Federal Mafia documented 3 cases of suicide Jackand Wanda Biggers, who killed themselves after the IRS seized their home, and Everett Lasher who killed himself after being fined $5000 for raising 'frivolous' - arguments before the court), and the wide range of disenchantment with theagency, its time we took a good look at the IRS, and its obsolete status in a peaceful state. No agency should have the power to arbitrarily destroy peoples lives. No agency should be in the position to decide for themselves (in violation of due process) to seize people's livelihoods. And an agency with all this power definitely shouldn't have to wait decades and decades into its existence for a thorough overlook. I think my friend had a strong point when he compared the Internal Revenue Service to the mafia. Its time action be taken against thisrogue agency. I have an idea Since theRacketeer Influenced and Corrupt Organizations (RICO) act covers extortion, robbery, etc., perhaps we can apply this bad law to the IRS, and the IRS can have their property seized, and learn a lesson in what many Americaas have to go through. That would be poetic justice. - BPlLPfellows cont'dfrom page 3 clients, counseling them, and dealing with issues of eviction, rent control, and health code violations. She had close contact with clients and appeared in City Court for cases of City or County code violations. Her experience was so rewarding that she decided to volunteer at Legal Services now that her fellowship is complete. Erin Barclay. Erin used her co-op fellowship, in conjunction with Circles, to work at the Women's Rights Center in Warsaw, Poland in a program developed and arranged by UBLaw Professor Isabel Marcus. abuses. He also had extensive contact and information exchanges with other non-governmental organizations and clinics in order to aid efforts in torture rehabilitation methods and otherlegal issues. Chris also raised $800 worth ofperiodi- that would otherwisebe unavailable J / To I re This service provides legal representation to battered women unable to afford a private attorney. During a time of great change and legal developments in Poland, Erin drafted a domestic violence law, helped translate a report discussing the legal status of women under various Polish codes, updated the organization's libraryby contacting agencies and organizations in the U.S. Erin strongly recommends this experience to Brenda Torres, Kate Verge, Theresa Cusimano, Jay Ovsiovitch, Adam Small, Arthur Wemegah, Mike Newmark, and Radhika Iyer. UiPV or Ttt v«: .-J I 1 nt vx (T i ~^Hr" others. (~* Y\ r* i c W P C l> P I* Chris had a coop fellowship with the Buffalo ' —i i — Human Rights Law Review. He worked in Turkey at the Foundation for Social prudence Research (TOHAV). TOHAV houses a torture rehabilitation center, for whichChris obtained a video camera to better document violent human rights E0 # I m\ �THE OPINION October 6, 1997 My Spleen by Kristin Greeley 5 Columnist The fears of an unabused woman When Rochelle told me that this week's Opinion would be a special issue about domestic violence, I thought, "Good. Something I feel strongly about. That should make a good column." But as I thought more about it, the prospect of writing a column on this subject became more difficult. Everyone knows that domestic violence exists. At least I hope everyone in my audience does. Statistics and stories are for the news department, which I am no longer a part of, to handle. So what does that leave me with? That leaves me with some questions. My main question is "Why does it happen?" I know all about the cycle of violence, and that makes sense to me. But my question goes to the very heart of the matter. Why does the cycle begin in the first place? Why does anyone think that it's acceptable to abuse a partner? Why does anyone resign themselves to being abused? Please do not think I am in any way blaming the victim in that last sentence. Nothing could be farther from the truth. I'm asking that question in more psychological terms Why do people accept that it will happen, not why do they let it happen. What makes an abused person's self-esteem so low that they accept the abuse? A friend of mine was abused by a "boyfriend" (a real boyfriend would never abuse his girlfriend) many years before I met her. It was a long time before §he — ever told me about the abuse. When she finally did, I almost found it hard to believe that this smart, strong woman was once avictim. But then I began to put the pieces together. She hadn't had a really serious boyfriend in a long time. The men she dated were all wrongfor her. It was like she didn't believe that she was good enough to be with someone who really cared about her. Almost ten years later, the abuse was still having a profound effect on her relationships. It took a long time for her to find someone who was caring enough to break through the shell she had created for herself. Now she is happy, and will hopefully be getting engaged soon. I almost wish I had known her before the abuse started. I want to know what she was like before. Was she a wholelot differentthan the person I know now? The logical answer would seem to be yes, since it has been such a long time. I want to know why it happened to her ~ someone who doesn't seem like it would ever happen to her. Why was she a victim? I suppose I don't ask these questions for her sake. They're really for my sake. I think every woman lives with a certain amount of concern that she may one day become involved in an abusiverelationship. We've all heard the stories about how the man never laid a finger on his wife until months after they were married. We wonder if maybe this could be us someday. We try to be careful, but one never knows. What makes this concern more real isthat we allknow someone who has been a victim. And she's just like we are. She could be our friend, our neighbor, the woman who sits next to us in class, our cousin, or our mother. Our sameness makes us wonder if it could be us some- day. We all know women who are the victims of psychological abuse, too. The woman whose husband won' t let her write a check without permission, or the teen- age girl whose boyfriend gets really jealous and angry if she talks to other boys. We know these women, and we wonder if our boyfriend or husband could be like that, too. What's even more scary, we wonder if we would have the strength to get out. We know the statistics: a woman tries to leave the abusive situation something like twelve times before she actually gets out. We saythat we wouldn't take twelvetries to get out. One hit, and I'm gone, we say. But could we really? And of course, we at least know about the woman who didn't get out, if we don't know her personally. And it scares us. A lot. None of this answers my original question. Or maybe it does. There's nothing special about abuse victims. They're ordinary women, like the rest of us. Nothing in their psyches is different from any of therest of us. We know that abuse ruins self-esteem and makes it possible for more abuse to occur. Victims start out like the rest of us, and the abuse changes them. It changes them in ways we cannot even begin to fathom. There's really no "point" or "message" in this column. If you're being abused, please get help. If you know someone who is being abused, please help her. And if you are the abuser, get help. There are plenty of agencies out there specifically created to help people in these situations. Use them, before it's too late. TC's Column by Tony Caito Sothis issue ofthe Opinion is dedicated to domestic violence. What do I know about domestic violence? It's about a bad relationship. Most situations involve physical abuse. Thehusband beats his wife. Black and blue bruises. Nonstop mental and verbal abuse overalong period spanning years even decades. Sometimes the end result is death. Almost all the victims are females. Nicole Simpson was a victim. It's more common than is reported. I know a few things about domestic violence. But the operative word here is knowledge. I have never witnessed domestic violence. Nor do I know someone who has been a victim of domestic violence. It's a bad thing that I would not do to someone I cared about. But what do I really know about domestic violence. How am 1 supposed to write an article on a subject that I only know through a TV news anchor? I think I've seen the Burning Bed with Farrah Fawcett. Onething I should do is stop by the office of the domestic violence task force. There is probably someone there who has a first hand account of domestic violence. At the very least, they could probably point me in theright direction. I have realized that the TV dramas and literature that are put out on this subject no longer convey any sense of realness to me. Right now, what I know about domestic violence is just manipulated words and pictures. The only wayfor me gain any real sense of depth on this subject is to talk to someone who was on Columnist the "front-line." Why should this person even talk tome? I don't know. There's no obligation for that person to do sucha thing. But I guess that's one ofthe purposes behind this month. It's for someone like myself who really doesn't know anything about domestic violence to find out more. In other words, it'smy obligation to find this personandtotalkwiththisperson. Maybe I could writethis person's story manother issue. Or maybe I could just talk withthis person a few times. The truth is, I don't know whatI'lldo after I hear this person's words. But I think for now, hearing those woTds is the least I should do. I'm like mostpeopleout there. I live in a society where electronic stimulation and mental programming replaces real contact and interaction. III talk about things that I really know nothing about, but I think I do because I've read about it in a class Or seen it reported on the ttn o'clock news. Every now and then, I II gainconsciousness and realize that I don' t know shit This is one ofthose situations. I'm not satisfied with what I know about domestic violence. In fact, I know that what I know is just faceless images and empty words regurgitation of what I saw on a pamphlet or onaTV show. Trying to write this piece made that evident to me. So I guess I do have a few things to say about domestic violence. Ask yourself what doyou really know about domestic violence. Are you satisfiedwithwhat you know? Where did you get your information? Can you do more? - You are invited to attend a public presentation in the Baldy Center '97 Visiting Scholar Series entitled CRITICAL RACE FEMINISM with Professor Adrien Wing University of lowa College of Law Professor Wing will discuss global and domestic perspectives ofcritical race feminism from her new book Critical Race Feminism (1996) published by New York University Press. Thursday, October 16,1997 3:00 5:00 p.m. Law Faculty Lounge, 545 O'Brian Hall - The Baldy Center for Law & Social Policy, 511 O'Brian Hall. Telephone: 645-2102 �6 THE OPINTON October 6, 1997 Domestic Violence Special October is National Domestic Violence Awareness Month. This week's Opinion is designed to inform and educate our readers. Below are various articles and facts covering domestic violence issues. The Cycle ofAbuse Violence in relationships follows a fairly predictable pattern known as the Cycle of Abuse. This consists of three phases. PHASE ONE: Tension Building During this phase, batterers become frustrated and irritable due to mounting stress. In early stages of abuse, this may last over an extended period of time. As the abuse escalates, this period may become shorter before triggering an abusive act. Tension is never an excuse for battering and it must be pointed out that there are healthy outlets for tension. The abusive person, however, chooses violence as a means ofrelieving stress. During this phase, the victim may anticipate the impending abuse. If this has happened before, they may try to avoid the abuse by appearing compliant. The victim may also attempt to provoke the violence as a means of gaining some fragment of control over an "out of control" situation. PHASE TWO: Abusive Incident In this phase ofthe cycle, the batterer expresses rage and loses control. This can manifest in any of three forms of abuse: physical, emotional, or sexual. The abuse can remain in any of these categories or begin on an emotional level and escalate into either remaining category. The victim is usually helpless in this phase and the abuse can only be stopped by the batterer. Both victim and abuser usually minimize the severity of the mci Domestic Violence in the United States dent or engage in denial. PHASE THREE: Calmness and Contrite Behavior (Honeymoon) This phase is characterized by the spirit of forgiveness and both partners' belief that they can move on together. The abuser apologizes profusely for abusive behavior and often sincerely believes that abuse will not occur again. The victim wantsto believe this is true and is inclined to focus on the "good times", not realizing that this phase is part of the abuse. Because the victimcraves this loving behavior, this is a particularly dangerous part of the cycle. Victim A often cites this phase of the cycle as a contributing factor in their reluctance to leave the relationship. Eventually the good times start to diminish as the tensions of daily life begin and the cycle perpetuates. This cycle continues and escalates until something changes tobreak the cycle. The only real solution is to end the relationship before somethingtragic happens. Even when both parties separate, it is important for both to seek counseling. Counseling will help them handle the issues that helped perpetuate abuse in the relationship. There are often issues oflow self-esteem, past violence, sexual abuse, or drug or alcohol dependency that need to be addressed. If victims and batterers leave the relationship and neglect to receive counseling, there is a strong chance that they may repeat the cycle ofviolence Almost four million American women were physically abused by their husbands or boyfriends in the last year alone. A woman is physically abused every nine seconds in this country. Two-thirds of attacks on women are committed by someone the victim knows often a husband or boyfriend. Women are more often victims of domestic violence than victims of burglary, muggings, or other physical crimes combined. • More than one in three Americans have witnessed an incident of domestic violence, according to a nationwide survey released by the Family Violence Prevention Fund (FUND) last year. Nearly nine out of ten Americans say that women being beaten is a serious problem facing many families and concern cuts across race, gender and age lines. According to the same survey, 81 % ofAmericans believe somethingcan be done to reduce domestic violence in this country. • A recent poll of 500 American women conducted for the FUND found that an overwhelming majority of women (88 %) believe that policymakers should develop initiatives addressing domestic violence in order to reduce the overall level of violence in America. Ninety-two percent of women also say cops walking a neighborhood beat would help, and 89 percent support creating jobs in urban communities — but only 50 % support building more jails. 42% of murdered women are killed by their intimate male partners. ■A Philadelphia study found that 20% of women presenting with injuries at emergency rooms were victims of domestic violence. In 1992, the Senate Judiciary Committee reported that 1 in 5 of all aggravated assaults reported to the police were aggravatedassaults in the home. •There exist three times more animal shelters than battered women's shelters in the United States. ■ - ■ - — — - ■ in subsequent relationships. Some interesting statistics on teens These statistics were drawn from a survey done in the Sacramento California School District in 1982-83. 256 students participated in the study, 135 girls and 121 boys. 90% were High School Juniors and Seniors. Sociological Breakdown Whites comprised of 65% ofthose whotookthe survey whileblacks, Asians and other were 35%. Of those answering the survey 44.5% were from middle class families with incomes of $20,000 to $35,000. Ninety-four percent were average or better than average students and 64% came from two-parent homes. Experience with violence Eleven point one percent of teenaged girls surveyed admitted that they had been thevictimsofabuseand 10.7% of teenaged boys admitted to being the victims of of abuse. The survey found that 11.9% of teenaged females were perpetrators of abuse while 7.4% to 35.5% teenaged males were perpetrators of abuse at the time. The survey also found that 17.8% of teenaged females who responded that they had been both the victim and perpetrator girls compared to 11.6% for teenaged males. Sixty-four point five percent (with no gender breakdown) answered that they had no experience with abuse. lence had no effect on the relationship. 2. 33% of the victims and 26% of the perpetrators stated that violence hurt their relationships. 3. 21% ofthe victims and 17% of the perpetrators stated that violence had improved their relationships. 4. 12% of the victims and 14% of the perpetrators stated that violence ended their relationships. Effects of family violence on relationships Fifty-one percent of students who witnessed spousal violence had been involved in abusive relationships. Fortyseven percent of students who were abused as children had been in a dating relationship where violence occurred. Fifty percent of the students who had never experienced violence had known of another student who had experienced it. Use ofalcohol was associated withviolence approximately forty percent of the time. The following statistics were drawn from a survey in a midwestern senior high school in the fall of 1983. The instrument used was the Conflict Tactics Scale (Strauss 1979). Participants ranged in age from 15-20 years with the majority (84%) aged 16-19. The sample consisted of 53% female and 44% male respondents, 3% did not indicate sex. The study yielded the following Effects of violence on Relationships 1. 30% of the victims and 37% of the perpetrators responded that vio- points: 1. Females were more likely to experience violence (65%) than males (35%). 2. 71% experienced violence in only one relationship. 3. Violence was more likely to occur in relationships which were shortlived (i.e.; less than six months in duration) (35%) than those lasting over two years (6%). 4. Adolescents attributed the initiation ofthe violent incident to the dating partner (47%) than to themselves (18%). 5. The most common causes of violence were a) jealousy (47%), b) alcohol (35%), c) friends (35%), d) sexual denial (23%). c) drugs (23%). 6. Violence was interpreted as a) acts of anger(47%), b) confusion (47%), c) love (35%), d) sadness (12%), c) hate (6%). 7. Places where violence occurred were homes (71%), vehicles (59%) and school (35%). 8. Adolescents found it easy to end a violent relationship (58%) and find new dating partners (70%). / / Ifyou or someone you / know is being abused, \. \ \ seek help. Contact the New York State Domestic Violence Hotline. To speak with an operator in English, dial 1-800-942\ 6906 or to speak with an I \operator in Spanish, dial / / -800-942-6908. \ J \v / Domestic Violence Task Force welcomes new members TheDomestic Violence Task Force is a student-run organization that operates not only to assist victims of domestic violence, but to further awareness of the prevalence of domestic violence as a whole. Through the organization's Niagara County Family Court Resource Project, students have the opportunity to assist victims of domestic violence in obtaining temporary and permanent orders of protection. Members in conjunction with the Lockport YWCA, speak out against family violence in area schools. New members are encouraged to assist in the clothesline project, the needs drive, the purple-ribbon campaign, information distribution, brown bag lunch series, etc. Students interested in the organization should stop by 604O'Brian Hall and speak with a member of the Task Force. �THE OPINION October 6, 1997 Violence as learned behavior: Defining roles in relationships There is a difference between what society expects of women and what society expects of men. These differences make it more likely for men to be the ones whovictimize others. The characteristics and behaviors that society expect of women make it more likely for women to be the victims. There is a great deal of pressure on young men and women to behave in these ways. However, when people play masculine and feminineroles, they are not communicating directly as two people. They are, in fact, playing roles or parts and possibly not even acting at all like themselves. Children'sfirst experiences with sex role identities come from their own families. Some family roles may be categorized in this way: Mother: cooks, cleans, shops, takes care of children, comforts family mem- bers, works; Father: works to support family, disciplines children, makes decisions, does repair work on auto and home; Child: attends school, does household chores, obeys elders. If children grow up with these role expectations they may learn them through adulthood not realizing the unequal distribution of power inherent in these relationships. Obviously, not all families are structured in this way, but children often will identify with the roles presented to them. In western society, many children's sex role expectations are based on fairy tales told to them. If we examine the messages communicated to children through these fairy tales, we might have a greater understanding ofwhy domination and victimization seem to be acceptable traits for men and women. In most eases, good women in fairy tales are portrayed as passive victims who are rescued or saved by princes who spirit them away to live happily ever after. Men on the other hand, are active, brave warriors who own the women and become responsible for them. In other stories, men are kind and just widowers and women are stepmothers who are evil and jealous vixens who plot the abuse and deaths of their stepchildren. These role expectations support the notion that women are expected to be passive and accept abusivebehavior from men in exchange for having their basic needs (food, clothing, shelter) met. Why do women stay? Some of the reasons why a woman might stay include: FEAR.A woman attempting to leave an abusive partner is at a much greater risk for a severe beating, since this is what the abusive man most dreads. He often threatens her by telling her that if she leaves he will find her and kill or hurt her; or hurt, kill or kidnap the children. Also at risk are her other family members and friends. In the words of a victim, The only reason I stayed was fear. Even if you move into-an apartment, a man can knock a door down in two minutes. I have seen it done. Before the police arrive, a woman can be dead. That's the fear of leaving somebody." " ISOLATION. Another typical theme is isolation. It may begin as a simple criticism of a victim's friends/ relatives and escalate to the point where the assailant forbids any contact with this support network. The victim may not know where to turn for emotional, financial or legal support. In addition the system that offers these resources often re-victimizes the woman by blaming her or demonstrating insensitivity to her plight. SOCIAL SUPPORT. Social pressures to be married and rely on your mate for social support often help women to overlook the abusive nature of their partner. Still women are held responsible for holding the relationship together. For religious women there is the added burden of religious abuse. Religious beliefs and statements are sometimes misused and can force a battered woman to choose her safety or her salva- tion. ECONOMICS. Many battered women are economically dependent on their spouses. Many women face considerable economic hardship in being the sole support for their families. They may have few or outdated job skills and little relevant experience. Working career women often depend on joint family resources to maintain a decent living condition. There is still a considerable wage gap between the money earned by men and women for the same work, making supporting a family very difficult for women. A battered woman interviewed at a New York shelter summed it up well: "We stay because the only housing available to me and my kids is not a ranch in the suburbs, but a rat and roach infested ghetto apartment for $20 less than my DSS check." The real question in dealing with domestic violence should be "Why does he beat her?" and not "Why does she stay? It is important for us to try and empathize with women understanding that there are some very compelling reasons that make it difficult for women with abusive partners to leave. Never forget that domestic violence is a crime and that all women are vulnerable to batters. It does not matter whether they have low or high self-esteem. Are there any signs of an abusive man? Men who batter come from all socioeconomic backgrounds, races, religions and walks oflife. Batterers represent all different personalities, family backgrounds and professions. In sum, there is no "typical batterer." The majority of batterers are only violent with their wives or partners. Although there is no personality profile of the abuser, there are some behaviors that are common among men who batter. These include: Denying the existence or minimizing the seriousness of violence and its effects on the victim and the family. * Showing extreme jealously and 7 How to identify someone who is being abused At intake interviews mental health pracitioners routinely ask questions about domestic violence, but any of the following might indicate battering: • Repeated injuries ot injuries that are difficult to account for as accidental. Many women are beaten while they are pregnant. • Visits to health care facilities for vague complai nts or acute anxiety with no reported injuries. Instances when the victim recieves psychiatric hospitalizations for anxiety or depression. Strokes in young women, often caused by blows to the head or damage to the neck arteries due to strangulation. • Isolation of the woman no access to money, to the car or other forms of transportation to family or friends, to jobs or school. • Woman's referring frequently to her partner's "anger" or "temper." Fears of being harmed or harming partner. • Terror or reluctance on the part of the woman to speak to those in authority because of reprisals from the abuser. • Protecting the assailant from those in authority. ■ Reluctance to speak or to disagree in the presence of the abuser because of fear. Frequent fleeing from her possessiveness whichleads to isolation of the victim from other family members and friends. * Refusing to take responsibility for the abuse by blaming it on loss of control due to the effects of alcohol or drugs, frustration, stress or the victims behavior. * Holding rigid, traditional views sex of roles and parenting or negative attitudes towards women in general. Why do men batter? The most important thing to remember about battering is that it is a learned behavior. Men chose to batter their partners because the choice is there to make and because oftenthere are no consequences for that choice. Men who batter are not mentally ill. They are, in the words of a survivor, "expressing their masculinity in a way that is acceptable to many people." Battering is an expression of the belief in male dominance over women. Men use physical, sexual and emotional abuse to maintain power and control over their partners, (see attached power and control wheel) Many men learn to batter from growing up in an abusive home. Councils on family violence estimate that ■ — 60% of men who batter grew up in homes where violence was the norm, or where they witnessed their mothers being abused. Some were abused themselves as children. In this way homegrown violence passes from generation to generation in a downward cycle. Because battering is a learned behavior, it can be unlearned. Programs designed specifically for batterers and not traditional marital or couples therapy, is the preferred counseling method. These programs are of limited success however. Thebatterer must truly want to change and must learn to live with and control his violent tendencies. ■ Society as a whole must examine how the messages we feed our children about masculinity and femininity along with the glorification of violence as a means to solve problems perpetuates this abuse. As the author of the Battered Women's ■ home, Suicide attempts or homicidal assaults. • The abuser's bullying or verbally abusive public behavior. • The abuser's snatching of the children. The abuser's jealousaccusations of sexual infidelity against the woman. • The assailant's sexual or physical abuse of the children. • The abuser's attempts or threats to psychiatrically hospitalize the woman and convince you of her insanity. • Public docility and respectability and private aggression by the batterer. • Survival Guide states. MillionsofAmerican women and men are living in a war zone. We can all do better. ■ Need legal W advice regarding domestic W violence issues ■ contact Erie County District I A k Attorney's Domestic Violence Assault Bureau at (716) 849-7464. V ■ 1 I 1 M J �THE OPINION 8 October 6, 1997 Woman-to-Man and queer domestic violence; assumptions and awareness with a single swipe of his hand. I remember his rejection of my explanation, saying thathe was "strong enough" to take it. This went on for a few months; eventually, he cuffed her up the side of the head, and they both ended up before authorities, where he was the one who took the heat. I remember hearing how a female acquaintance of mine would cry when her girlfriend would hit her, curse her, and degrade her. Their fights were over intimate matter, fraught with societal taboos. In one of the fights, the aggressor forced her girlfriend to get her clitoris pierced. No one wanted to take this matter seriously, or admit what was going on. First, because they were "embarrassed" by the nature and content of the altercations. A lot of jokes about "cats fights" and such were made. But fundamentally, I think heads turned the other way because acknowledging the problem would mean that domestic abuse was far more widespread than anyone wanted to admit—not just a phe- bySA.Cole, News Editor Ask the newly-enlightened averAmerican about domestic violence, age and you will usually get an amalgam of TV-spawned propaganda that runs sorta like this: "Uh. Well, that's wrong. You shouldn't beat up on girls. It's, uh, the menstrual cycle ofviolence, right? Bad scene. Uh. Violence: don't play that game. Go Bills." Well, at least their hearts and beer cans are in the right place. We're getting somewhere. But not everywhere. Because that person will rarely swig their brew, and remark, "You know, there is no "average" victim of domestic violence. It can happen to anyone. The largest man can be a victim, while the smallest woman can be the perpetrator. We have to work carefully so that outreach efforts and intervention groups are prepared to aid and advocate for any victim-survivor, not just the stereotypical battered wife." Since leaving the nest seven years ago and starting out on my own, I have nomenon that took place within the heterosexual marriage, but a potential problem for any intimate relationship. Of course, for some people, this meant admitting there were homosexuals running around the earth, which was seen too much domestic abuse. Of course, seeing even one instance of domestic abuse would be too much, but the course of my exposure didnot stop with one; I have seen men beat on women, women beat on men, women beat on women, and men beat on men...you do struggle enough. Andfor homosexuals not completely reconciled to their sexuality, uncomfortable in a censorious world, it made goingfor help, usually to a stranger, doubly hard. Life on the receiving endof an abusive relationship the permutations if I've left anyone out. I remember explaining to a 250 lb. man that no, it was not acceptable for his 130 lb girlfriend to slash at his chest with a broken bottle, even if hecouWstop her is lonely and humiliating enough; lifeon the receiving end ofan abusive relationship that many find unnatural and amoral is all the more alienating. But this violence exists, and it ex- ists in every possible domestic environment. To stop it, our efforts much reach those environments. This calls for tolerance, thoughtfulness, and, above all, neutrality. Assumptions alienate, and alienation feeds domestic abuse. Societal issues beyond the histori- cal subjugation of women become more salient as our perspective on domestic violence widens. Issues of masculinity are challenged as men who countenance abuse in the name of machismo become caught in the cycle. The preconception ofwomen as supportive, loving partners is blasted away when their partner begins "walking into doors" and "falling down stairs." The paternalistic notion that we must "save women" from "the violence of men" disappears, making us realize that it is not women who need to be saved, but rather the building blocks of our humanity. The first man I knew to admit to having been beaten by his boyfriend summed it up for me. I was talking to him one day, a month after he had extracted himself from the relationship, and many months after he had gotten his first blowfrom his partner. "Yeah, I got rid of him," he saidruefully, rubbing his cheek. "Nobody has to take that." Nobody. YWCA Week without Violence Join the YWCA of the Tonawandas and Niagara Frontier to fight against all forms of Violence! - Sunday, October 19 Candlelight Vigil. A Day of remembrance for loved ones lost to violence. 7:00 p.m. YWCA of the Tonawandas. Tuesday, October 21- High School Essay Contest on solutions to violence in our community. - Thursday, October 23 Family Violence Forum. A free panel discussion where legal and service representatives from Erie and Niagara Counties will answer questions and provide information on the issues surrounding family violence. 7-9:00 p.m at the YWCA of the Tonawandas Sunday, October 26-An adult aerobathon will be held at BALLY Total Fitness, Amherstfrom 9-11:30 a.m. Registration begins at 9 am where pledges will be collected. Suggested registration fee is $10.00 Morning line up features Robbie Raw, RN, President ofRaw Energy Fitness. All Proceeds benefit the YWCA Domestic Violence I SONFRONT IP WinnHpSES HIS WIFE. FRIEND BUT NOT NEARLY AS HARD AS BEING HIS WIFE. IT'S So you know your friend is an abuser. Do you ignore it or bring v up? Ignoring it is easy. Bringing it up is awkward. You could lose a friend. But maybe bringing it up is the only way to really be a friend. Telling him you know, telling him it's wrong, telling him Maybe he needs someone very life _ Bit! may be in your it's a punishable cnme, couldbe doing him a big favor. Maybe he needs someone to talk to. wife's well-being, her to say, "No, it's not OK." But more important thanhis feelings, his hands. We can give you some information that may help. Call us at 1-800-ENDABUSE. Family Violence forDomeslicViolen.ee. Prevention Fund Program Any questions?Contact Tina Pilkey, Director of Family and Human Services of YWCA of the Tonawandas and Niagara Frontier 692-5580 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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